SENATE JOURNAL for May 13, 2003 - South Carolina Legislature Online

South Carolina General Assembly
115th Session, 2003-2004
Journal of the Senate

Tuesday, May 13, 2003
(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the Word, Revelation 14:13:

"And I heard a voice from heaven saying, 'Write this: Blessed are the dead who from now on die in the Lord'!"
Let us pray.

Father, we thank You for the life and labors of Your servant, David Hawkins, father of our Senator JOHN, and pray for Your gifts of grace upon their families.

We pray for the gift of healing for little "Maddy" Phillips, granddaughter of Gale Kennedy, who is in the Children's Hospital today.

And we thank You, also, for the fruitful life of Your servant, Rose Rubin, wife of our former Senator HYMAN RUBIN, and we pray for Your gifts of grace to rest upon their families!

Father, as we come each day to do the work that each day offers, help us to contemplate our own mortality as a motivation for the fulfillment of the words of the Psalmist (90:17), "Let the favor of the Lord our God be upon us, and prosper for us the work of our hands."

Amen.

Point of Quorum

At 11:06 A.M., Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Courson
Cromer                    Drummond                  Fair
Giese                     Hayes                     Kuhn
Leatherman                Leventis                  Malloy
Martin                    McConnell                 Peeler
Ravenel                   Richardson                Ritchie
Ryberg                    Setzler                   Verdin
Waldrep

Total--22

A quorum was not present.

Recorded Presence

Senators GROOMS, BRANTON, FORD, GLOVER, GREGORY, HAWKINS, HUTTO, JACKSON, KNOTTS, MATTHEWS, MOORE, SHORT, J. VERNE SMITH, McGILL and THOMAS recorded their presence subsequent to the Call of the Senate.

RECESS

At 11:10 A.M., on motion of Senator MARTIN, the Senate receded from business not to exceed 10 minutes.

At 11:20 A.M., a quorum being present, the Senate resumed.

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Mark C. Sanford:

Local Appointments

Reappointment, Fairfield County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Edward Gendron "Gen" Palmer VI, 1688 Longtown Road, Ridgeway, S.C. 29065

Reappointment, Fairfield County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

William M. Estes III, 4323 State Highway 269, Winnsboro, S.C. 29180

Reappointment, Fairfield County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Jerry Reed, 664 Loch Lane, Jenkinsville, S.C. 29065

Statewide Appointments

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 1999, and to expire May 19, 2006

1st Congressional District

Richard Coen, 100 Haddrell Street, Mt. Pleasant, S.C. 29464 VICE Willie E. Givens (resigned)

Referred to the Committee on Judiciary.

Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2003, and to expire July 27, 2006

5th Congressional District

C. Hampton Atkins, 1502 Jack White Drive, Rock Hill, S.C. 29732 VICE Nathaniel A. Barber

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Ports Authority, with term to commence February 13, 2003, and to expire February 13, 2010

At-Large

Carroll A. Campell III, 29 Castle Hall Lane, Columbia, S.C. 29209 VICE William B. Timmerman

Referred to the Committee on Transportation.

REGULATION WITHDRAWN AND RESUBMITTED

The following regulation was withdrawn and resubmitted to the appropriate committee:

Document No. 2829
Agency: Department of Labor, Licensing and Regulation, Board of Long Term Health Care Administrators
SUBJECT: Residential Care Facility Administration
Received by Lieutenant Governor April 16, 2003
Referred to Medical Affairs Committee
Legislative Review Expiration August 14, 2003
Subject to Sine Die Revision
Withdrawn and Resubmitted May 13, 2003

Doctor of the Day

Senator FAIR introduced Dr. Woodrow Long of Greenville, S.C., Doctor of the Day.

Leave of Absence

At 11:05 A.M., Senator FAIR requested a leave of absence beginning at 4:00 P.M. today and lasting until 8:00 A.M Wednesday morning.

Leave of Absence

At 11:10 A.M., Senator JACKSON requested a leave of absence beginning at 6:00 P.M. today and lasting until Noon Wednesday.

Leave of Absence

At 11:15 A.M., Senator HUTTO requested a leave of absence from 10:45 A.M. - 12:45 P.M. on Wednesday, May 14, 2003.

Leave of Absence

At 11:45 A.M., Senator FORD requested a leave of absence from 6:00 - 7:30 P.M. tonight.

Leave of Absence

At 12:15 P.M., Senator HUTTO requested a leave of absence beginning at 7:00 P.M. on May 15, 2003, and lasting until 2:00 P.M. on Saturday, May 17, 2003.

Leave of Absence

At 12:20 P.M., Senator KUHN requested a leave of absence from 5:30 - 8:30 P.M. today.

Leave of Absence

At 2:55 P.M., Senator MOORE requested a leave of absence from 3:30 - 5:30 P.M. today.

Leave of Absence

At 5:20 P.M., Senator COURSON requested a leave of absence beginning at 9:00 P.M. tonight and lasting until 9:00 A.M. Wednesday morning.

Leave of Absence

At 5:20 P.M., Senator COURSON requested a leave of absence beginning at 4:00 P.M. on Wednesday and lasting until 9:00 A.M. Thursday morning.

Leave of Absence

At 5:50 P.M., Senator KNOTTS requested a leave of absence from 6:30 - 7:30 P.M. tonight.

Leave of Absence

At 6:30 P.M., Senator CROMER requested a leave of absence from 7:00 - 8:00 P.M. tonight.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 695 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE SENATE OFFICE BUILDING ON THURSDAY, DECEMBER 4, 2003, AND FRIDAY, DECEMBER 5, 2003, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
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The Senate Resolution was introduced and referred to the Committee on Invitations.

S. 696 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 8, CHAPTER 11, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-11-1900 TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS OR TRANSPORT LIVE DEER EXCEPT IN CERTAIN CIRCUMSTANCES AND PROVIDE PENALTIES.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 697 (Word version) -- Senator Hutto: A SENATE RESOLUTION APPLAUDING KATHRYN T. FUNDERBURK, RN, OF ORANGEBURG COUNTY ON HER RECOGNITION BY THE MEDICAL STAFF OF THE REGIONAL MEDICAL CENTER (TRMC) OF ORANGEBURG AND CALHOUN COUNTIES FOR HER SELFLESS AND DEDICATED SERVICE TO THE COMMUNITY OF ORANGEBURG, TRMC, AND THE SAFE KIDS COALITION OF ORANGEBURG, BAMBERG, AND CALHOUN COUNTIES.
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The Senate Resolution was adopted.

H. 3681 (Word version) -- Reps. E. H. Pitts, Clark, Duncan, Frye, Koon and Merrill: A BILL TO AMEND SECTION 20-7-1572, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO INCLUDE AS SUCH GROUND, THE CONVICTION OF A PARENT FOR THE MURDER OF THE CHILD'S OTHER PARENT.

Read the first time and referred to the Committee on Judiciary.

H. 3901 (Word version) -- Reps. Thompson, Cato, Martin, Trotter and White: A BILL TO AMEND SECTION 40-29-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANUFACTURED HOUSING LICENSES, SO AS TO FURTHER PROVIDE FOR THE LICENSURE EXCEPTION FOR REAL ESTATE BROKERS AND SALESMEN.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3903 (Word version) -- Reps. Limehouse, Rutherford, Vaughn, Whipper, Scott, J. Brown, Cato, Hagood, Haskins, Leach, Sheheen, J. E. Smith, J. R. Smith, W. D. Smith and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 10, TITLE 4 SO AS TO PROVIDE FOR THE IMPOSITION OF A ONE CENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.

Read the first time and referred to the Committee on Finance.

H. 3914 (Word version) -- Reps. Vaughn, Allen, Battle, Branham, Cato, Clyburn, Cooper, Gilham, Hamilton, Haskins, Herbkersman, J. Hines, Keegan, Leach, Littlejohn, Loftis, Mahaffey, Moody-Lawrence, Owens, Rice, Richardson, Sinclair, F. N. Smith, J. R. Smith, Taylor, Tripp, Wilkins and Young: A CONCURRENT RESOLUTION TO SUPPORT ACTIVITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN THE ESTABLISHMENT AND IMPLEMENTATION OF THE STATE'S EARLY ACTION APPROACH FOR COMPLYING WITH THE NEW OZONE STANDARD MANDATED BY THE FEDERAL GOVERNMENT THROUGH THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY; TO ESTABLISH DATES AND MILESTONES FOR PLAN IMPLEMENTATION; AND TO PROVIDE FOR THE ESTABLISHMENT OF AN INTERGOVERNMENTAL WORKGROUP FOR THE PURPOSE OF PROMOTING BEHAVIORS AND POLICIES TO REDUCE AIR POLLUTION THROUGHOUT THE STATE OF SOUTH CAROLINA.

The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.

H. 3939 (Word version) -- Reps. Sandifer, Bales, Barfield, Bingham, G. Brown, Cato, Dantzler, Edge, Hamilton, Huggins, Thompson and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 55, TITLE 44 SO AS TO ESTABLISH PROVISIONS REGULATING THE INSTALLATION AND USE OF PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS USED TO COLLECT, TREAT, DISCHARGE, OR RECLAIM WASTEWATER OR SEWAGE FROM DWELLING UNITS WITHOUT THE USE OF COMMUNITY-WIDE SERVERS OR A CENTRALIZED TREATMENT FACILITY; TO REQUIRE MANUFACTURERS TO PROVIDE A WARRANTY TO EACH PROPERTY OWNER AND TO PROVIDE FINANCIAL ASSURANCE AND SYSTEM DESIGN AND INSTALLATION DOCUMENTATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO REQUIRE SYSTEM INSTALLATION BY CERTIFIED INSTALLERS AND TO PROVIDE INSTALLATION STANDARDS AND PROCEDURES; AND TO PROVIDE PENALTIES; AND TO PROVIDE THAT WHEN REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RELATING TO INSTALLATION STANDARDS AND FINANCIAL ASSURANCES ARE APPROVED BY THE GENERAL ASSEMBLY, SECTIONS 44-55-1320 AND 44-55-1330, RELATING TO THESE MATTERS ARE REPEALED.

Read the first time and referred to the Committee on Medical Affairs.

H. 4004 (Word version) -- Reps. Hinson, Gourdine, Merrill, Umphlett and McLeod: A BILL TO AMEND SECTION 43-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF "EXPLOITATION" TO INCLUDE CAUSING A VULNERABLE ADULT TO PURCHASE GOODS OR SERVICES FOR THE PROFIT OF ANOTHER USING, AMONG OTHER THINGS, DURESS, COERCION, OR SWINDLING.

Read the first time and referred to the Committee on Judiciary.

H. 4005 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-75-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO EXPAND THE AREA IN WHICH THE SOUTH CAROLINA WIND AND HAIL UNDERWRITING ASSOCIATION MUST PROVIDE ESSENTIAL PROPERTY INSURANCE, SO AS TO AUTHORIZE THE DIRECTOR TO EXPAND THE TERRITORY OF THE ASSOCIATION ON AN EMERGENCY BASIS TO INCLUDE SEACOAST COUNTIES FOR A PERIOD OF TWO YEARS RATHER THAN ONE YEAR.

Read the first time and referred to the Committee on Banking and Insurance.

H. 4076 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO CHANGE THE DEFINITION OF "EXEMPT COMMERCIAL POLICIES" TO DELETE THE REQUIREMENT THAT THE DEFINITION INCLUDE POLICIES FOR WHICH PREMIUMS FOR ONE INSURED IS GREATER THAN FIFTY THOUSAND DOLLARS ANNUALLY; TO AMEND SECTION 38-7-20, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO CHANGE THE BASIS ON WHICH THESE TAXES ARE ASSESSED ON PREMIUMS FROM WRITTEN RATHER THAN COLLECTED; TO AMEND SECTION 38-21-170, AS AMENDED, RELATING TO REPORTING DIVIDENDS AND DISTRIBUTIONS TO SHAREHOLDERS TO THE DEPARTMENT, SO AS TO INCREASE FROM TEN TO FIFTEEN THE NUMBER OF DAYS BEFORE PAYMENT THE REPORT MUST BE GIVEN; TO AMEND SECTION 38-21-270, AS AMENDED, RELATING TO THE PAYMENT OF AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION TO THE SHAREHOLDERS OF A DOMESTIC INSURER, SO AS TO CLARIFY THE DEPARTMENT OF INSURANCE REVIEW OF THIS TYPE OF DISTRIBUTION; TO AMEND SECTION 38-41-60, RELATING TO HOLDING IN TRUST FUNDS COLLECTED FROM PARTICIPATING EMPLOYERS UNDER MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-10, AS AMENDED, RELATING TO PERSONS CONSIDERED AS INSURANCE AGENTS, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-40, AS AMENDED, RELATING TO THE RIGHT TO APPOINT PRODUCERS BY A LICENSED INSURER, SO AS TO REMOVE PROVISIONS WHICH REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO APPROVE THE APPOINTMENT OF PRODUCERS BEFORE THEY TAKE RISK OR TRANSACT BUSINESS; TO AMEND SECTION 38-43-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT APPLICANTS FOR A LIMITED LINE OR SPECIAL PRODUCER'S LICENSE MUST BE VOUCHED FOR BY AN OFFICIAL OR LICENSED REPRESENTATIVE OF THE INSURER FOR WHICH THE APPLICANT PROPOSES TO ACT, SO AS TO DELETE PROVISIONS REQUIRING THE APPLICANT TO BE APPOINTED BY AN OFFICIAL OR AUTHORIZED REPRESENTATIVE OF THE INSURER BEFORE THE APPLICANT CAN ACT AS A PRODUCER; TO AMEND SECTION 38-43-70, AS AMENDED, RELATING TO LICENSING OF A NONRESIDENT PRODUCER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO CORRECT AN INTERNAL CODE CITATION; TO AMEND SECTION 38-43-100, AS AMENDED, RELATING TO THE APPLICATION FOR AND ISSUANCE OF A PRODUCERS' LICENSE BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO DELETE CONFLICTING PROVISIONS WHICH AUTHORIZE THE DIRECTOR TO WAIVE THE EXAMINATION AND ISSUE TEMPORARY LICENSES FOR A PERIOD NOT TO EXCEED NINETY DAYS; TO AMEND SECTION 38-43-105, AS AMENDED, RELATING TO EDUCATION REQUIREMENTS FOR LOCAL AND GENERAL INSURANCE AGENTS, SO AS TO DELETE CONFLICTING PROVISIONS AND CLARIFY WHO MUST COMPLY WITH PRE-LICENSING REQUIREMENTS; TO AMEND SECTION 38-43-106, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO SUBSTITUTE HOME STATE FOR RESIDENT STATE AS THE REQUIREMENT FOR SATISFYING RECIPROCAL CONTINUING INSURANCE EDUCATION REQUIREMENTS FOR NONRESIDENT PRODUCERS; TO AMEND SECTION 38-45-20, RELATING TO REQUIREMENTS FOR A RESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO DELETE THE TWO-YEAR WAITING PERIOD FOR RESIDENT SURPLUS LINES INSURANCE BROKERS; TO AMEND SECTION 38-45-30, RELATING TO REQUIREMENTS FOR A NONRESIDENT INSURANCE BROKER, SO AS TO DELETE THE REQUIREMENT FOR NONRESIDENT BROKERS TO FURNISH A TEN THOUSAND DOLLAR SURETY BOND; TO AMEND SECTION 38-71-880, AS AMENDED, RELATING TO MEDICAL, SURGICAL, AND MENTAL HEALTH BENEFITS OFFERED IN CONNECTION WITH A GROUP HEALTH INSURANCE PLAN, SO AS TO EXTEND THE SUNSET PROVISION TO DECEMBER 31, 2003, TO COMPLY WITH FEDERAL LAW; TO AMEND SECTION 38-77-870, RELATING TO THE AVAILABILITY OF ASSIGNMENT OF RISKS TO NONRESIDENTS, SO AS TO PROVIDE AN EXCEPTION FOR MILITARY RISKS THAT ARE PRINCIPALLY GARAGED IN THIS STATE TO BE ASSIGNED BY THE PLAN; TO AMEND SECTION 38-79-420, RELATING TO THE CREATION OF THE SOUTH CAROLINA PATIENTS' COMPENSATION FUND, SO AS TO INCREASE FROM ONE TO TWO HUNDRED THOUSAND DOLLARS THE AMOUNT THE FUND PAYS IN EXCESS OF FOR EACH INCIDENT AND INCREASES FROM THREE TO SIX HUNDRED THOUSAND DOLLARS THE AMOUNT THE FUND PAYS IN EXCESS OF IN THE AGGREGATE FOR ONE YEAR; AND TO AMEND SECTION 56-9-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO INCREASE THE MINIMUM LIMITS FOR PROPERTY DAMAGE FROM FIVE TO TEN THOUSAND DOLLARS.

Read the first time and referred to the Committee on Banking and Insurance.

H. 4158 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO HIGHWAY PATROL, SUBARTICLE 1 WRECKER REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2821, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Transportation.

H. 4186 (Word version) -- Reps. Sheheen, Clyburn, McLeod, J. E. Smith, G. Brown, Clark, Cobb-Hunter, Coleman, Edge, Emory, Freeman, Gourdine, Harrison, Hayes, Howard, Kennedy, Lourie, Lucas, Merrill, J. M. Neal, Ott, Parks, Rivers, Sinclair, G. M. Smith, Snow and Taylor: A CONCURRENT RESOLUTION TO WELCOME THE BROWN VS. BOARD OF EDUCATION COMMISSION AND ITS STAFF TO SOUTH CAROLINA ON ITS VISIT TO OUR STATE IN JUNE 2003 IN CONNECTION WITH THE CELEBRATION OF THE FIFTIETH ANNIVERSARY OF THIS LANDMARK UNITED STATES SUPREME COURT DECISION.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4189 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO REMEMBER AND COMMEND THE HEROIC ACTS OF CONGRESSIONAL MEDAL OF HONOR RECIPIENT SERGEANT FIRST CLASS WEBSTER ANDERSON OF FAIRFIELD COUNTY WHO RISKED HIS LIFE ABOVE AND BEYOND THE CALL OF DUTY TO DEFEND HIS COUNTRY IN THE HIGHEST TRADITION OF MILITARY SERVICE.

The Concurrent Resolution was adopted, ordered returned to the House.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

S. 204 (Word version) -- Senators McConnell, Martin and Knotts: A BILL TO AMEND SECTION 1-23-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF ADMINISTRATIVE LAW JUDGES AND TO AMEND VARIOUS SECTIONS OF TITLE 6 OF THE 1976 CODE RELATING TO THE ZONING BOARD OF APPEALS AND THE BOARD OF ARCHITECTURAL REVIEW. (ABBREVIATED TITLE)

The House returned the Bill with amendments.

Senators McCONNELL and MARTIN proposed the following amendment (JUD0204.004), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. Section 1-23-630 of the 1976 Code is amended to read:

"Section 1-23-630. (A) Each ~~of the~~ administrative law ~~judges~~ judge of the division has the same power at chambers or in open hearing as do circuit court judges, and to issue those remedial writs as are necessary to give effect to its jurisdiction.

(B) An administrative law judge may authorize the use of mediation in a manner that does not conflict with other provisions of law and is consistent with the division's rules of procedure."

SECTION 2. Section 6-29-800 of the 1976 Code is amended to read:

"Section 6-29-800. (A) The board of appeals has the following powers:

(1) to hear and decide appeals where it is alleged there is error in an order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning ordinance;

(2) to hear and decide appeals for variance from the requirements of the zoning ordinance when strict application of the provisions of the ordinance would result in unnecessary hardship. A variance may be granted in an individual case of unnecessary hardship if the board makes and explains in writing the following findings:

(a) there are extraordinary and exceptional conditions pertaining to the particular piece of property;

(b) these conditions do not generally apply to other property in the vicinity;

(c) because of these conditions, the application of the ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; and

(d) the authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance.

(i) The board may not grant a variance, the effect of which would be to allow the establishment of a use not otherwise permitted in a zoning district, to extend physically a nonconforming use of land, or to change the zoning district boundaries shown on the official zoning map. The fact that property may be utilized more profitably, ~~should~~ if a variance be is granted, may not be considered grounds for a variance. Other requirements may be prescribed by the zoning ordinance.

A local governing body by ordinance may permit or preclude the granting of a variance for a use of land, a building, or a structure that is prohibited in a given district, and if it does permit ~~such~~ a variance, it the governing body may require the affirmative vote of two-thirds of the local adjustment board members present and voting. Notwithstanding any other provision of this section, the local governing body may overrule the decision of the local board of adjustment concerning a use variance.

(ii) In granting a variance, the board may attach to it such conditions regarding the location, character, or other features of the proposed building, structure, or use as the board may consider advisable to protect established property values in the surrounding area, or to promote the public health, safety, or general welfare;

(3) to permit uses by special exception subject to the terms and conditions for the uses set forth for such uses in the zoning ordinance; and

(4) to remand a matter to an administrative official, upon motion by a party or the board's own motion, if the board determines the record is insufficient for review. A party's motion for remand may be denied if the board determines that the record is sufficient for review. The board must set a rehearing on the remanded matter without further public notice for a time certain within sixty days unless otherwise agreed to by the parties. The board must maintain a list of persons who express an interest in being informed when the remanded matter is set for rehearing, and notice of the rehearing must be mailed to these persons prior to the rehearing.

(B) ~~appeals~~ Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality or county. The appeal must be taken within a reasonable time, as provided by the zoning ordinance or rules of the board, or both, by filing with the officer from whom the appeal is taken and with the board of appeals notice of appeal specifying the grounds ~~of it~~ for the appeal. If no time limit is provided, the ~~appeals~~ appeal must be taken within thirty days from the date the appealing party has received actual notice of the action from which the appeal is taken. The officer from whom the appeal is taken immediately ~~shall~~ must transmit to the board all the papers constituting the record upon which the action appealed from was taken.

~~(B)~~(C) An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In that case, proceedings may not be stayed ~~otherwise~~ other than by a restraining order which may be granted by the board or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

~~(C)~~(D) The board ~~shall~~ must fix a reasonable time for the hearing of the appeal or other matter referred to it the board, and give at least fifteen days' public notice of it the hearing in a newspaper of general circulation in the community, as well as due notice to the parties in interest, and decide the ~~same~~ appeal or matter within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney.

~~(D)~~(E) In exercising the above power, the board of appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirements, decision, or determination, and to that end, ~~shall have~~ has all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. The board, in the execution of the duties specified in this chapter, may subpoena witnesses and in case of contempt may certify this fact to the circuit court having jurisdiction.

~~(E)~~(F) All final decisions and orders of the board must be in writing and be permanently filed in the office of the board as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the board which must be delivered to parties of interest by certified mail."

SECTION 3. Section 6-29-820 of the 1976 Code is amended to read:

"Section 6-29-820. (A) A person who may have a substantial interest in any decision of the board of appeals or an officer or agent of the appropriate governing authority may appeal from a decision of the board to the circuit court in and for the county, by filing with the clerk of the court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within thirty days after the decision of the board is mailed.

(B) A property owner whose land is the subject of a decision of the board of appeals may appeal either:

(1) as provided in subsection (A); or

(2) by filing a notice of appeal with the circuit court accompanied by a request for pre-litigation mediation in accordance with Section 6-29-825.

Any notice of appeal and request for pre-litigation mediation must be filed within thirty days after the decision of the board is postmarked.

(C) Any filing of an appeal from a particular board of appeals decision pursuant to the provisions of this chapter must be given a single docket number, and the appellant must be assessed only one filing fee pursuant to Section 8-21-310(11)(a)."

SECTION 4. The 1976 Code is amended by adding:

"Section 6-29-825. (A) If a property owner files a notice of appeal with a request for pre-litigation mediation, the request for mediation must be granted, and the mediation must be conducted in accordance with South Carolina Circuit Court Alternative Dispute Resolution Rules and this section. A person who is not the owner of the property may petition to intervene as a party, and this motion must be granted if the person has a substantial interest in the decision of the board of appeals.

(B) The property owner or his representative, any other person claiming an ownership interest in the property or his representative, and any other person who has been granted leave to intervene pursuant to subsection (A) or his representative must be notified and have the opportunity to attend the mediation. The governmental entity must be represented by at least one person for purposes of mediation.

(C) Within five working days of a successful mediation, the mediator must provide the parties with a signed copy of the written mediation agreement.

(D) Before the terms of a mediation settlement may take effect, the mediation settlement must be approved by:

(1) the local legislative governing body in public session; and

(2) the circuit court as provided in subsection (G).

(E) Any land use or other change agreed to in mediation which affects existing law is effective only as to the real property which is the subject of the mediation, and a settlement agreement sets no precedent as to other parcels of real property.

(F) If mediation is not successful or if the mediated settlement is not approved by the local legislative governing body, a property owner may appeal by filing a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The petition must be filed with the circuit court within thirty days of:

(1) the report of an impasse as provided in the South Carolina Circuit Court Alternative Dispute Resolution Rules; or

(2) the failure to approve the settlement by the local governing body.

(G) The circuit court judge must approve the settlement if the settlement has a rational basis in accordance with the standards of this chapter. If the mediated settlement is not approved by the court, the judge must schedule a hearing for the parties to present evidence and must issue a written opinion containing findings of law and fact. A party may appeal from the decision: (1) in the same manner as provided by law for appeals from other judgments of the circuit court; or (2) by filing an appeal pursuant to subsection (F)."

SECTION 5. Section 6-29-830 of the 1976 Code is amended to read:

"Section 6-29-830. (A) Upon the filing of ~~the~~ an appeal with a petition as provided in Section 6-29-820(A) or Section 6-29-825(F), the clerk of the circuit court ~~shall~~ must give immediate notice of it the appeal to the secretary of the board and within thirty days from the time of the notice, the board ~~shall~~ must file with the clerk a duly certified copy of the proceedings held before the board of appeals, including a transcript of the evidence heard before it the board, if any, and the decision of the board including its findings of fact and conclusions.

(B) The filing of an appeal in the circuit court from a any decision of the board ~~shall~~ does not ipso facto act as a supersedeas, but the judge of the circuit court may in his discretion grant a supersedeas upon such terms and conditions as may seem reasonable and proper."

SECTION 6. Section 6-29-840 of the 1976 Code is amended to read:

"Section 6-29-840. (A) At the next term of the circuit court or in chambers, upon ten days' notice to the parties, the presiding judge of the circuit court of the county ~~shall~~ must proceed to hear and pass upon the appeal on the certified record of the board proceedings. The findings of fact by the board of appeals ~~shall~~ must be treated in the same manner as a finding of fact by a jury, and the court may not take additional evidence. In the event the judge determines that the certified record is insufficient for review, the matter may be remanded to the zoning board of appeals for rehearing. In determining the questions presented by the appeal, the court ~~shall~~ must determine only whether the decision of the board is correct as a matter of law. In the event that the decision of the board is reversed by the circuit court, the board is charged with the costs, and the costs must be paid by the governing authority which established the board of appeals.

(B) When an appeal includes no issues triable of right by jury or when the parties consent, the appeal must be placed on the nonjury docket. A judge, upon request by any party, may in his discretion give the appeal precedence over other civil cases. Nothing in this subsection prohibits a property owner from subsequently electing to assert a pre-existing right to trial by jury of any issue beyond the subject matter jurisdiction of the board of appeals, such as, but not limited to, a determination of the amount of damages due for an unconstitutional taking."

SECTION 7. Section 6-29-890 of the 1976 Code is amended to read:

"Section 6-29-890. (A) Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality or county. The appeal must be taken within a reasonable time, as provided by the zoning ordinance or rules of the board, or both, by filing with the officer from whom the appeal is taken and with the board of architectural review notice of appeal specifying the grounds of it. The officer from whom the appeal is taken immediately ~~shall~~ must transmit to the board all the papers constituting the record upon which the action appealed from was taken. Upon a motion by a party or the board's own motion, the board may remand a matter to an administrative official if the board determines the record is insufficient for review. A party's motion for remand may be denied if the board determines that the record is sufficient for review. The board must set a rehearing on the remanded matter without further public notice for a time certain within sixty days unless otherwise agreed to by the parties. The board must maintain a list of persons who express an interest in being informed when the remanded matter is set for rehearing, and notice of the rehearing must be mailed to these persons prior to the rehearing.

(B) An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In that case, proceedings may not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application, on upon notice to the officer from whom the appeal is taken, and on due cause shown.

(C) The board ~~shall~~ must fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice of it the hearing, as well as due notice to the parties in interest, and decide the ~~same~~ appeal or other matter within a reasonable time. At the hearing, any party may appear in person, or by agent, or by attorney."

SECTION 8. Section 6-29-900 of the 1976 Code is amended to read:

"Section 6-29-900. (A) A person who may have a substantial interest in any decision of the board of architectural review or any officer, or agent of the appropriate governing authority may appeal from any decision of the board to the circuit court in and for the county by filing with the clerk of court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within thirty days after the affected party receives actual notice of the decision of the board of architectural review.

(B) A property owner whose land is the subject of a decision of the board of architectural review may appeal either:

(1) as provided in subsection (A); or

(2) by filing a notice of appeal with the circuit court accompanied by a request for pre-litigation mediation in accordance with Section 6-29-915.

A notice of appeal and request for pre-litigation mediation must be filed within thirty days after the decision of the board is postmarked.

(C) Any filing of an appeal from a particular board of architectural review decision pursuant to the provisions of this chapter must be given a single docket number, and the appellant must be assessed only one filing fee pursuant to Section 8-21-310(11)(a)."

SECTION 9. The 1976 Code is amended by adding:

"Section 6-29-915. (A) If a property owner files a notice of appeal with a request for pre-litigation mediation, the request for mediation must be granted and the mediation must be conducted in accordance with South Carolina Circuit Court Alternative Dispute Resolution Rules and this section. A person who is not the owner of the property may petition to intervene as a party, and this motion must be granted if the person has a substantial interest in the decision of the board of architectural review.

(C) Within five working days of a successful mediation, the mediator must provide the parties with a signed copy of the written mediation agreement.

(D) Before the terms of a mediation settlement may take effect, the mediation settlement must be approved by:

(1) the local legislative governing body in public session; and

(2) the circuit court as provided in subsection (G).

(1) the report of an impasse as provided in the South Carolina Circuit Court Alternative Dispute Resolution Rules; or

(2) the failure to approve the settlement by the local governing body.

SECTION 10. Section 6-29-920 of the 1976 Code is amended to read:

"Section 6-29-920. (A) Upon filing of ~~the~~ an appeal with a petition as provided in Section 6-29-900(A) or Section 6-29-915(F), the clerk of the circuit court ~~shall~~ must give immediate notice of it the appeal to the secretary of the board and within thirty days from the time of the notice, the board ~~shall~~ must file with the clerk a duly certified copy of the proceedings ~~had~~ held before the board of architectural review, including a transcript of the evidence heard before it the board, if any, and the decision of the board including its findings of fact and conclusions.

(B) The filing of an appeal in the circuit court from any decision of the board does not ipso facto act as a supersedeas, but the judge of the circuit court may in his discretion grant a supersedeas upon such terms and conditions as may seem reasonable and proper."

SECTION 11. Section 6-29-930 of the of the 1976 Code is amended to read:

"Section 6-29-930. (A) At the next term of the circuit court or in chambers upon ten days' notice to the parties, the resident presiding judge of the circuit court of the county ~~shall~~ must proceed to hear and pass upon the appeal on the certified record of the board proceedings. The findings of fact by the board of architectural review are final and conclusive on the hearing of the appeal, and the court may not take additional evidence. In the event the judge determines that the certified record is insufficient for review, the matter must be remanded to the board of architectural review for rehearing. In determining the questions presented by the appeal, the court ~~shall~~ must determine only whether the decision of the board is correct as a matter of law. In the event that the decision of the board is reversed by the circuit court, the board must be charged with the costs ~~and they~~ which must be paid by the governing authority which established the board of architectural review.

(B) When an appeal includes no issues triable of right by jury or when the parties consent, the appeal must be placed on the nonjury docket. A judge, upon request by any party, may in his discretion give the appeal precedence over other civil cases. Nothing in this subsection prohibits a property owner from subsequently electing to assert a pre-existing right to trial by jury of any issue beyond the subject matter jurisdiction of the board of architectural review, such as, but not limited to, a determination of the amount of damages due for an unconstitutional taking."

SECTION 12. Section 6-29-1150 of the 1976 Code is amended to read:

"Section 6-29-1150. (A) The land development regulations adopted by the governing authority must include a specific procedure for the submission and approval or disapproval by the planning commission or designated staff. These procedures may include requirements for submission of sketch plans, preliminary plans, and final plans for review and approval or disapproval. Time limits, not to exceed sixty days, must be set forth for action on plans or plats, or both, submitted for approval or disapproval. Failure of the designated authority to act within sixty days of the receipt of development plans or subdivision plats with all documentation required by the land development regulations is ~~deemed~~ considered to constitute approval, and the developer must be issued a letter of approval and authorization to proceed based on the plans or plats and supporting documentation presented. The sixty-day time limit may be extended by mutual agreement.

(B) A record of all actions on all land development plans and subdivision plats with the grounds for approval or disapproval and any conditions attached to the action must be maintained as a public record. In addition, the developer must be notified in writing of the actions taken.

(C) Staff action, if authorized, to approve or disapprove a land development plan may be appealed to the planning commission by any party in interest. The planning commission ~~shall~~ must act on the appeal within sixty days, and the action of the planning commission is final.

(D)(1) An appeal from the decision of the planning commission ~~may~~ must be taken to the circuit court within thirty days after actual notice of the decision.

(2) A property owner whose land is the subject of a decision of the planning commission may appeal by filing a notice of appeal with the circuit court accompanied by a request for pre-litigation mediation in accordance with Section 6-29-1155.

A notice of appeal and request for pre-litigation mediation must be filed within thirty days after the decision of the board is mailed.

(3) Any filing of an appeal from a particular planning commission decision pursuant to the provisions of this chapter must be given a single docket number, and the appellant must be assessed only one filing fee pursuant to Section 8-21-310(11)(a).

(4) When an appeal includes no issues triable of right by jury or when the parties consent, the appeal must be placed on the nonjury docket. A judge, upon request by any party, may in his discretion give the appeal precedence over other civil cases. Nothing in this subsection prohibits a property owner from subsequently electing to assert a pre-existing right to trial by jury of any issue beyond the subject matter jurisdiction of the planning commission, such as, but not limited to, a determination of the amount of damages due for an unconstitutional taking."

SECTION 13. The 1976 Code is amended by adding:

"Section 6-29-1155. (A) If a property owner files a notice of appeal with a request for pre-litigation mediation, the request for mediation must be granted, and the mediation must be conducted in accordance with South Carolina Circuit Court Alternative Dispute Resolution Rules and this section. A person who is not the owner of the property may petition to intervene as a party, and this motion must be granted if the person has a substantial interest in the decision of the planning commission.

(C) Within five working days of a successful mediation, the mediator must provide the parties with a signed copy of the written mediation agreement.

(D) Before the terms of a mediation settlement may take effect, the mediation settlement must be approved by:

(1) the local legislative governing body in public session; and

(2) the circuit court as provided in subsection (G).

(1) the report of an impasse as provided in the South Carolina Circuit Court Alternative Dispute Resolution Rules; or

(2) the failure to approve the settlement by the local governing body.

SECTION 14. The 1976 Code is amended by adding:

"Article 9

Educational Requirements for Local Government

Planning or Zoning

Officials or Employees

Section 6-29-1310. As used in this article:

(1) 'Advisory committee' means the State Advisory Committee on Educational Requirements for Local Government Planning or Zoning Officials and Employees;

(2) 'Appointed official' means a planning commissioner, board of zoning appeals member, or board of architectural review member;

(3) 'Clerk' means the clerk of the local governing body;

(4) 'Local governing body' means the legislative governing body of a county or municipality;

(5) 'Planning or zoning entity' means a planning commission, board of zoning appeals, or board of architectural review;

(6) 'Professional employee' means a planning professional, zoning administrator, zoning official, or a deputy or assistant of a planning professional, zoning administrator, or zoning official.

Section 6-29-1320. (A) The local governing body must:

(1) by no later than December 31st of each year, identify the appointed officials and professional employees for the jurisdiction and provide a list of those appointed officials and professional employees to the clerk and each planning or zoning entity in the jurisdiction; and

(2) annually inform each planning or zoning entity in the jurisdiction of the requirements of this article.

(B) Appointed officials and professional employees must comply with the provisions of this article according to the following dates and populations based on the population figures of the latest official United States Census:

(1) municipalities and counties with a population above 70,000: by January 1, 2005;

(2) municipalities and counties with a population of 35,000 to 70,000: by January 1, 2006; and

(3) municipalities and counties with a population under 35,000: by January 1, 2007.

Section 6-29-1330. (A) There is created the State Advisory Committee on Educational Requirements for Local Government Planning or Zoning Officials and Employees.

(B) The advisory committee consists of five members appointed by the Governor with the advice and consent of the Senate. The advisory committee consists of: (1) a planner recommended by the South Carolina Chapter of the American Planning Association; (2) a municipal official or employee recommended by the Municipal Association of South Carolina; (3) a county official or employee recommended by the South Carolina Association of Counties; (4) a representative recommended by the University of South Carolina's Institute for Public Service and Policy Research; and (5) a representative recommended by Clemson University's Department of Planning and Landscape Architecture. Recommendations must be submitted to the Governor not later than the thirty-first day of December of the year preceding the year in which appointments expire. If the Governor rejects any person recommended for appointment or the Governor's appointment is not confirmed by the Senate, the group or association who recommended the person must submit additional names to the Governor for consideration.

(C) The members of the advisory committee must serve a term of four years and until their successors are appointed and qualify; except that for the members first appointed to the advisory committee, the planner must serve a term of three years; the municipal official or employee and the county official or employee must each serve a term of two years; and the university representatives must each serve a term of one year. A vacancy on the advisory committee must be filled in the manner of the original appointment for the remainder of the unexpired term. The Governor may remove a member of the advisory committee in accordance with Section 1-3-240(B).

(D) The advisory committee's duties are to:

(1) compile and distribute a list of approved orientation and continuing education programs that satisfy the educational requirements in Section 6-29-1340;

(2) determine categories of persons with advanced degrees, training, or experience, that are eligible for exemption from the educational requirements in Section 6-29-1340; and

(3) make an annual report to the President Pro Tempore of the Senate and Speaker of the House of Representatives, no later than April 15th of each year, providing a detailed account of the advisory committee's:

(a) activities;

(b) expenses;

(d) determinations concerning approved education programs and categories of exemption.

(E) A list of approved education programs and categories of exemption by the advisory committee must be available for public distribution through notice in the State Register and posting on the General Assembly's Internet website. This list must be updated by the advisory committee at least annually.

(F) The members of the advisory committee must serve without compensation and must meet at a set location to which members must travel no more frequently than quarterly, at the call of the chairman selected by majority vote of at least a quorum of the members. Nothing in this subsection prohibits the chairman from using discretionary authority to conduct additional meetings by telephone conference if necessary. These telephone conference meetings may be conducted more frequently than quarterly. Three members of the advisory committee constitute a quorum. Decisions concerning the approval of education programs and categories of exemption must be made by majority vote with at least a quorum of members participating.

(G) The advisory committee may assess by majority vote of at least a quorum of the members a nominal fee to each entity applying for approval of an orientation or continuing education program; however, any fees charged must be applied to the operating expenses of the advisory committee and must not result in a net profit to the groups or associations that recommend the members of the advisory committee. An accounting of any fees collected by the advisory committee must be made in the advisory committee's annual report to the President Pro Tempore of the Senate and Speaker of the House of Representatives.

Section 6-29-1340. (A) Unless expressly exempted as provided in Section 6-29-1350, each appointed official and professional employee must:

(1) no earlier than one hundred and eighty days prior to and no later than three hundred and sixty-five days after the initial date of appointment or employment, attend a minimum of six hours of orientation training in one or more of the subjects listed in subsection (C); and

(2) annually, after the first year of service or employment, but no later than three hundred and sixty-five days after each anniversary of the initial date of appointment or employment, attend no fewer than three hours of continuing education in any of the subjects listed in subsection (C).

(B) An appointed official or professional employee who attended six hours of orientation training for a prior appointment or employment is not required to comply with the orientation requirement for a subsequent appointment or employment after a break in service. However, unless expressly exempted as provided in Section 6-29-1350, upon a subsequent appointment or employment, the appointed official or professional employee must comply with an annual requirement of attending no fewer than three hours of continuing education as provided in this section.

(1) land use planning;

(2) zoning;

(3) floodplains;

(4) transportation;

(5) community facilities;

(6) ethics;

(7) public utilities;

(8) wireless telecommunications facilities;

(9) parliamentary procedure;

(10) public hearing procedure;

(11) administrative law;

(12) economic development;

(13) housing;

(14) public buildings;

(15) building construction;

(16) land subdivision; and

(17) powers and duties of the planning commission, board of zoning appeals, or board of architectural review.

(D) In order to meet the educational requirements of subsection (A), an educational program must be approved by the advisory committee.

Section 6-29-1350. (A) An appointed official or professional employee who has one or more of the following qualifications is exempt from the educational requirements of Section 6-29-1340:

(1) certification by the American Institute of Certified Planners;

(2) a masters or doctorate degree in planning from an accredited college or university;

(3) a masters or doctorate degree or specialized training or experience in a field related to planning as determined by the advisory committee;

(4) a license to practice law in South Carolina.

(B) An appointed official or professional employee who is exempt from the educational requirements of Section 6-29-1340 must file a certification form and documentation of his exemption as required in Section 6-29-1360 by no later than the first anniversary date of his appointment or employment. An exemption is established by a single filing for the tenure of the appointed official or professional employee and does not require the filing of annual certification forms and conforming documentation.

Section 6-29-1360. (A) An appointed official or professional employee must certify that he has satisfied the educational requirements in Section 6-29-1340 by filing a certification form and documentation with the clerk no later than the anniversary date of the appointed official's appointment or professional employee's employment each year.

(B) Each certification form must substantially conform to the following form and all applicable portions of the form must be completed:

EDUCATIONAL REQUIREMENTS

CERTIFICATION FORM

FOR LOCAL GOVERNMENT PLANNING OR ZONING

OFFICIALS OR EMPLOYEES

To report compliance with the educational requirements, please complete and file this form each year with the clerk of the local governing body no later than the anniversary date of your appointment or employment. To report an exemption from the educational requirements, please complete and file this form with the clerk of the local governing body by no later than the first anniversary of your current appointment or employment. Failure to timely file this form may subject an appointed official to removal for cause and an employee to dismissal.

Name of Appointed Official or Employee: __________________

Position: _____________________________________________

Initial Date of Appointment or Employment: _________________

Filing Date: ___________________________________________

I have attended the following orientation or continuing education program(s) within the last three hundred and sixty-five days (Please note that a program completed more than one hundred and eighty days prior to the date of your initial appointment or employment may not be used to satisfy this requirement.):

Program Name Sponsor Location Date Held Hours of Instruction

Also attached with this form is documentation that I attended the program(s).

I am exempt from the orientation and continuing education requirements because (Please initial the applicable response on the line provided):

____ I am certified by the American Institute of Certified Planners.

____ I hold a masters or doctorate degree in planning from an accredited college or university.

____ I hold a masters or doctorate degree or have specialized training or experience in a field related to planning as determined by the State Advisory Committee on Educational Requirements for Local Government Planning or Zoning Officials and Employees. (Please describe your advanced degree or specialty on the line provided.)

_____________________________________________________

____ I am licensed to practice law in South Carolina.

Also attached with this form is documentation to confirm my exemption.

I certify that I have satisfied or am exempt from the educational requirements for local planning or zoning officials or employees.

Signature: ____________________________________________

(C) Each appointed official and professional employee is responsible for obtaining written documentation that either: (1) is signed by a representative of the sponsor of any approved orientation or continuing education program for which credit is claimed and acknowledges that the filer attended the program for which credit is claimed; or (2) establishes the filer's exemption. The documentation must be filed with the clerk as required by this section.

Section 6-29-1370. (A) The local governing body is responsible for:

(1) sponsoring and providing approved education programs; or

(2) funding approved education programs provided by a sponsor other than the local governing body for the appointed officials and professional employees in the jurisdiction.

(B) The clerk must keep in the official public records originals of:

(1) all filed forms and documentation that certify compliance with educational requirements for three years after the calendar year in which each form is filed; and

(2) all filed forms and documentation that certify an exemption for the tenure of the appointed official or professional employee.

Section 6-29-1380. (A) An appointed official is subject to removal from office for cause as provided in Sections 6-29-350, 6-29-780, or 6-29-870 if he:

(1) fails to complete the requisite number of hours of orientation training and continuing education within the time allotted under Section 6-29-1340; or

(2) fails to file the certification form and documentation required by Section 6-29-1360.

(B) A professional employee is subject to suspension or dismissal from employment relating to planning or zoning by the local governing body or planning or zoning entity if he:

(1) fails to complete the requisite number of hours of orientation training and continuing education within the time allotted under Section 6-29-1340; or

(2) fails to file the certification form and documentation required by Section 6-29-1360.

(C) A local governing body must not appoint a person who has falsified the certification form or documentation required by Section 6-29-1360 to serve in the capacity of an appointed official.

(D) A local governing body or planning or zoning entity must not employ a person who has falsified the certification form or documentation required by Section 6-29-1360 to serve in the capacity of a professional employee."

SECTION 15. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION 16. This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill ordered returned to the House with amendments.

HOUSE AMENDMENTS AMENDED
AMENDMENT PROPOSED, CARRIED OVER

S. 228 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER'S LICENSE; AND TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER'S LICENSE.

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.

Senator McCONNELL proposed the following amendment (JUD0228.001), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION ___. The first paragraph of Section 61-2-80 of the 1976 Code is amended to read:

"The State, through the department, is the sole and exclusive authority empowered to regulate the operation of all ~~retail~~ locations authorized to sell beer, wine, or alcoholic liquors, ~~and~~ is authorized to establish conditions or restrictions which the department considers necessary before issuing or renewing a license or permit, and occupies the entire field of beer, wine, and liquor regulation except as it relates to hours of operation more restrictive than those set forth in this title."/

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Senators RITCHIE and McCONNELL proposed the following amendment (DKA\3517DW03):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION __. Chapter 4, Title 61 of the 1976 Code is amended by adding:

"Section 61-4-745. (A) Notwithstanding any other provision of law, a person who is at least twenty-one years of age and who is a legal resident of this State, may cause to be shipped or transported up to twenty-four bottles of wine each month for his own consumption or use, and not for resale, into and out of this State without the necessity of acquiring any permits or licenses or other forms of public or private authorization except for the payment of appropriate taxes.

(B) The Department of Revenue shall promulgate regulations to establish a clear and unburdensome procedure for the collection of all taxes on the wine shipped or transported pursuant to the provisions of subsection (A).

(C) All containers of wine shipped directly to a resident in this State must be labeled conspicuously with the words 'CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY'.

Section 61-4-747. (A) Notwithstanding any other provision of law, rule, or regulation to the contrary, a person currently licensed in another state as an alcoholic beverage producer, supplier, importer, wholesaler, distributor, or retailer who obtains an out-of-state shipper's license, as provided in this section, may ship up to twenty-four bottles of wine each month directly to a resident of this State who is at least twenty-one years of age for such resident's personal use and not for resale.

(B) Before sending a shipment to a resident of this State, an out-of-state shipper first shall:

(1) file an application with the Department of Revenue;

(2) pay a registration fee of two hundred dollars;

(3) provide to the department a true copy of its current alcoholic beverage license issued in another state; and

(4) obtain from the department an out-of-state shipper's license.

(1) not ship more than twenty-four bottles of wine each month to a person;

(2) ensure that all containers of wine shipped directly to a resident in this State are labeled conspicuously with the words 'CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY';

(3) report to the department annually the total amount of wine shipped into the State the preceding year;

(4) annually pay to the department all sales taxes and excise taxes due on sales to residents of this State in the preceding calendar year, the amount of the taxes to be calculated as if the sale were in this State at the location where deliver is made;

(5) permit the department to perform an audit of the out-of state shipper's records upon request; and

(6) be deemed to have consented to the jurisdiction of the department or another state agency and the courts of this State concerning enforcement of this section and any related laws.

(D) The out-of-state shipper annually may renew its license with the department by paying a renewal fee of two hundred dollars and providing the department a true copy of its current alcoholic beverage license issued in another state.

(E) The department may promulgate regulations to effectuate the purposes of this section.

(F) The department shall enforce the requirements of this section by administrative proceedings to suspend or revoke an out-of-state shipper's license, and the department may accept payment of an offer in compromise instead of suspension, these payment to be determined by regulations promulgated by the department.

(G)(1) A shipment of wine from out-of-state direct to consumers in this State from persons who do not possess a current out-of-state shipper's license or other permit or license from the department are prohibited. A person who knowingly makes, participates in, transports, imports, or receives such a shipment from out-of-state is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars.

(2) Without limitation on any punishment or remedy, criminal, or civil, a person who knowingly makes, participates in, transports, imports, or receives a shipment as provided in item (1) of this subsection from out-of-state commits an unfair trade practice." /

Amend further by adding an appropriately numbered SECTION to read:

/ SECTION __. Section 12-21-1610 of the 1976 Code is amended to read:

"Section 12-21-1610. No A person, firm, corporation, club, or an association or any organization within this State shall not bring, ship, transport, or receive into this State in any manner whatsoever any beer or wine as defined in Section 12-21-1010 for sale except duly licensed beer and wine wholesale distributors; provided, however, that an individual may be permitted to import beer and wine into this State for personal use and consumption within the State and not for sale, in quantities not to exceed ten cases, upon the receipt of a certificate from the Department of Revenue authorizing the shipment and evidencing that such person has paid all taxes upon such beer and wine to the Department of Revenue. ~~Any~~ A person, firm, corporation, club, or an association in violation of this section ~~shall be~~ is subject to a penalty of not less than twenty-five dollars nor more than one thousand dollars, to be assessed and collected by the Department of Revenue in the same manner and with like effect as other taxes are collected."

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

On motion of Senator McCONNELL, with unanimous consent, the Bill was carried over, as amended.

HOUSE CONCURRENCES

S. 689 (Word version) -- Senators Matthews and Hutto: A CONCURRENT RESOLUTION TO EXTOL REVEREND DONALD E. CHANEY FOR HIS OUTSTANDING COMMUNITY INVOLVEMENT IN PASTORING AND PROVIDING LEADERSHIP TO THE PEOPLE OF THE STATE OF SOUTH CAROLINA.

Returned with concurrence.

Received as information.

S. 690 (Word version) -- Senators Knotts, Reese, Patterson, Setzler, McGill, Glover, Malloy, Hutto, Pinckney, Mescher, Verdin, Waldrep, Grooms, Courson, Branton, Ravenel, Leatherman, Moore, Land, Alexander, J. Verne Smith, Drummond and Richardson: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA STATE MUSEUM FOR BEING CHOSEN AS THE THIRD MOST POPULAR MUSEUM IN THE SOUTHEAST BY THE SOUTHERN LIVING READERS' CHOICE AWARDS AND TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING CONTRIBUTIONS THE STATE MUSEUM HAS MADE TO SOUTH CAROLINA.

Returned with concurrence.

Received as information.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3713 (Word version) -- Reps. Wilkins, W.D. Smith, Harrell, Harrison, Cato, Witherspoon, Chellis, Townsend, J. Brown and Keegan: A BILL TO AMEND SECTION 23-3-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE JURISDICTION AND STATEWIDE AUTHORITY OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT THIS JURISDICTION AND AUTHORITY INCLUDES ESTABLISHING AND OPERATING TACTICAL RESPONSE LAW ENFORCEMENT UNITS, COORDINATING COUNTER TERRORISM EFFORTS IN OR AFFECTING THIS STATE, COORDINATING FEDERAL GRANTS ASSOCIATED WITH HOMELAND SECURITY, CREATING COUNCILS ASSOCIATED WITH ITS MISSION, AND SERVING AS THE GOVERNOR'S REPRESENTATIVE TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator RYBERG proposed the following amendment (SWB5455MM03), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION __. Article 9, Chapter 6, Title 23 of the 1976 Code is amended by adding:

"Section 23-6-493. Notwithstanding another provision of law, a person employed as a law enforcement officer with the Savannah River Site Law Enforcement Department, a United States Department of Energy facility, may attend and be trained at the Department of Public Safety's Criminal Justice Academy Division in accordance with training and certification standards established by the State. Expenses for mandated and elective training must be established by the Criminal Justice Academy Division and paid by the law enforcement officer's employer. An authorized representative of the United States Department of Energy shall certify to the academy that the officer is employed as a law enforcement officer at the Savannah River Site and request the officer's admission to the academy for training." /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

Senator McCONNELL proposed the following amendment (JUD3713.001), which was adopted:

Amend the bill, as and if amended, page 2, line 6, by striking SECTION 2 in its entirety and inserting therein the following:

/ SECTION 2. Title 54 of the 1976 Code is amended by adding:

"CHAPTER 17

South Carolina Maritime Security Act

Section 54-17-10. This chapter may be cited as the 'South Carolina Maritime Security Act'.

Section 54-17-20. As used in this chapter:

(1) 'Commission' means the group of individuals comprising the Maritime Security Commission.

(2) 'Captain of the Port' means the United States Coast Guard officer designated by the Commandant of the Coast Guard to perform that function pursuant to Section 1.01-30 of Title 33, Code of Federal Regulations, whose role is further defined in Section 6.01-4 of that same title.

(3) 'District Commander' means the Coast Guard officer designated by the Commandant of the Coast Guard to command a Coast Guard District. District Commander refers to that district commander that incorporates South Carolina.

(4) 'Port' means a developed area of maritime commerce.

(5) 'Maritime area' means any area of water, land, or water and land bordering on the sea or any estuary, river, creek, or lake in or contiguous to the State of South Carolina, that is capable of approach by a vessel, excluding the land-side facilities of the South Carolina State Ports Authority.

(6) 'Safety zone' means a water area, shore area, or water and shore area to which, for safety or environmental purposes, access is limited to authorized persons, vehicles, or vessels. It may be stationary and described by fixed limits or it may be described as a zone around a vessel in motion.

(7) 'Security zone' means an area of land, water, or land and water which is so designated by the Captain of the Port or District Commander for such time as may be necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters of the United States, or to secure the observance of the rights and obligations of the United States. The purpose of a security zone is to safeguard from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature (a) vessels, (b) harbors, (c) ports, and (d) waterfront facilities that are in the United States and its territories and waters, continental or insular, that are subject to the jurisdiction of the United States.

(8) 'Volunteer Port Security Force' means the volunteer organization composed of licensed mariners and private assets who: (a) facilitate discovery and proper reporting of suspicious activities and events observed on and about the waters of Charleston bar and harbor, and (b) provide assistance to those government authorities during Maritime Security Levels 2 and 3, as may be required.

Section 54-17-30. There is created a Maritime Security Commission composed of ten members:

(1) one member shall be the Chairman of the State Ports Authority, ex-officio, or a member of the State Ports Authority Board, designated by the chairman;

(2) one member shall be the Commander of the South Carolina Naval Militia, ex-officio;

(3) one member shall be a chief of police or equivalent, ex-officio;

(4) one member shall be a fire chief or equivalent, ex-officio;

(5) one member shall be a representative of the South Carolina Department of Natural Resources Law Enforcement Division, ex-officio;

(6) one member shall be the Adjutant General, ex-officio, or his designee, who shall serve as a nonvoting member;

(7) one member shall represent the commercial maritime community;

(8) one member shall be a retired U. S. Coast Guard officer, grade O-5 or higher, who supervised federal port security duties as a Captain of the Port;

(9) one member shall be a retired U. S. Navy officer, grade O-6 or higher; and

(10) one member shall be an inactive or retired U. S. Coast Guard Reserve officer, grade O-6 or higher.

The four members who are not ex-officio shall be appointed by the Governor with the advice and consent of the Senate. These non-ex-officio members shall be selected from respective lists of retired Navy, Coast Guard, and Coast Guard Reserve officers residing in South Carolina and commercial maritime community members maintained by the Captains of the Port. The chiefs of police and fire chiefs shall be from the port communities and shall rotate annually into the position on the commission. The order of rotation shall be determined by the respective chiefs. The Coast Guard Reserve member and the commercial maritime community member shall serve initial terms of two years, the Navy member shall serve an initial term of four years, and the Coast Guard member shall serve an initial term of six years. Thereafter, the four members who are not ex-officio shall serve terms of six years. In the event of a vacancy, however caused, a successor must be appointed in the manner of the original appointment for the unexpired term. These appointments must be made as each term of the present commissioners expires. The appointees, however, shall serve until their successors have been appointed and qualified. There shall be a chairman and a secretary elected by the members of the commission pursuant to rules promulgated by the commission. Each member shall have the appropriate background as to authorize access to sensitive law enforcement and port security information.

Section 54-17-40. The South Carolina Naval Militia is reestablished. The Maritime Security Commission must organize, administer, coordinate, and facilitate the activities of the Naval Militia in order to provide to federal, state, county, and local agencies adequate numbers of trained and qualified personnel with proper accountability and adequate indemnification provisions to enhance maritime homeland security operations.

Section 54-17-50. (A) The Naval Militia is an organized, structured, trained, and certified volunteer state maritime force that is regionally aligned to enable appropriate augmentation of federal, state, county, and municipal forces and may be engaged in any federal response to the threat of terrorism and to the needs of maritime homeland security. This militia is naval in nature and functions as a federally-recognized state force pursuant to Title 10 of the United States Code and a Memorandum of Understanding that must be in effect between the United States Navy and the South Carolina Naval Militia prior to the Naval Militia becoming operational.

(B) The Commander of the South Carolina Naval Militia shall be a Rear Admiral (O-8) who must be appointed by the commission, commissioned by the Governor, and shall serve a term of four years. The commander will propose other commissions and appointments in accordance with rules promulgated by the commission.

(C) Divisions of the Naval Militia will include a division that consists of members of the United States Navy, Marine Corps, and Coast Guard Reserve (federal service takes priority). In addition, the Naval Militia must include a division that consists of the Merchant Marine. The Merchant Marine division shall consist of Coast Guard-licensed or certificated merchant mariners whose regular occupation is service on board Coast Guard-regulated commercial vessels that normally operate in or from the maritime areas of South Carolina, and which are enrolled as units of the Volunteer Port Security Force. The Merchant Marine division also shall include other professional mariners who have volunteered for service in this militia and who are licensed or certificated by the Coast Guard as merchant mariners. The Naval Militia also shall include a staff element and a support division.

(D) Naval Militia personnel are entitled to all appropriate honors, courtesies, privileges, and authority provided under state law to state military organizations. This authority shall be exercised only pursuant to mission requirements and in accordance with rules promulgated by the commission.

(E) Within the South Carolina Naval Militia, a joint service task force is authorized whose purpose is to determine and coordinate regional security missions relating to those waterways shared with contiguous states and to provide federal and regional interoperability advice and assistance to the commission. This task force shall be appointed and assigned pursuant to rules promulgated by the commission.

Section 54-17-60. The Maritime Security Commission and the Naval Militia must coordinate their activities with federal, state, and local agencies responsible for maritime homeland security and Naval Militia functions as they relate to this title. These agencies shall include, but are not limited to, the State Law Enforcement Division; the Departments of Natural Resources, Public Safety and Transportation and the Military Department, and their several state agencies; state, county, and municipal police departments including marine police components; and the South Carolina Army and Air National Guard.

Section 54-17-70. The South Carolina Law Enforcement Division is authorized to promulgate regulations not specifically authorized by the federal government or by another agency, department, or division of state government, which are necessary for the proper administration and enforcement of homeland security measures for maritime protection including, but not limited to, safety zones and security zones. These regulations, including any emergency authority, must be promulgated within the guidelines of the Administrative Procedures Act and after consultation with the Ports Security Committee established by the United States Coast Guard. This regulatory authority ceases upon implementation of the federal Maritime Transportation Security Act regulations, currently scheduled for July 2004."

SECTION 3. This act takes effect upon approval by the Governor, except that Sections 54-17-40, 54-17-50, and 54-17-60 take effect upon the execution of a Memorandum of Understanding between the United States Navy and the South Carolina Naval Militia and ratification of the Memorandum of Understanding by Joint Resolution of the General Assembly. /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

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

THIRD READING BILL

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

S. 691 (Word version) -- Senator Hayes: A JOINT RESOLUTION AUTHORIZING THE BOARD OF TRUSTEES OF ALL YORK COUNTY SCHOOL DISTRICTS TO IMPOSE AN ADDITIONAL PROPERTY TAX NOT TO EXCEED FOUR MILLS FOR FISCAL YEAR 2003-2004.

By prior motion of Senator HAYES

SECOND READING BILL

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

S. 692 (Word version) -- Education Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 692 -- Ordered to a Third Reading

On motion of Senator SETZLER, S. 692 was ordered to receive a third reading on Wednesday, May 14, 2003.

COMMITTED

S. 646 (Word version) -- Senator Ford: A BILL TO PROVIDE THAT BEGINNING WITH THE 2004 ELECTION, MEMBERS OF THE BOARD OF THE CHARLESTON COUNTY SCHOOL DISTRICT SHALL BE ELECTED IN PARTISAN ELECTIONS FROM THE NINE DEFINED SINGLE-MEMBER ELECTION DISTRICTS AND TO PROVIDE FOR THE MANNER IN WHICH THESE ELECTIONS SHALL BE CONDUCTED.

On motion of Senator KUHN, the Bill was committed to the Charleston County Legislative Delegation.

OBJECTION

Senator RITCHIE asked unanimous consent to make a motion to take up the Bill for immediate consideration.

Senator SETZLER objected.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO H. 3749, THE GENERAL APPROPRIATION BILL.

DEBATE INTERRUPTED

H. 3749 -- GENERAL APPROPRIATION BILL

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

Senator LEATHERMAN spoke on the report.

Objection

Senator LEATHERMAN asked unanimous consent to make a motion to take up H. 3598 for immediate consideration.

Senator HUTTO objected.

Senator LEATHERMAN spoke on the report.

Objection

Senator LEATHERMAN asked unanimous consent to make a motion that, if the amendment pertaining to the $ .02 sales tax increase proposed by Senator MOORE was on the Desk, the Senate proceed to take up the amendment for immediate consideration.

The amendment was not on the Desk.

Objection

Senator KNOTTS asked unanimous consent to make a motion that the General Appropriation Bill receive the requisite readings by the Senate prior to the close of business on Thursday, May 15, 2003.

Senator FORD objected.

Motion Adopted

Senator MOORE asked unanimous consent to make a motion to take up the perfecting amendments in the order that they were on the Desk.

There was no objection.

Point of Order

Senator SHORT raised a Point of Order under Rule 24 that Proviso 8.38 of the Report of the Committee of Finance was out of order inasmuch as this item was included in H. 3738 and should not be included as a proviso in H. 3749.

Amend the bill further, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 380, beginning on line 5, by striking Proviso 8.38 and inserting:

/ 8.38. (DHHS: Medicaid Fiscal Impacts) DELETED /

The PRESIDENT overruled the Point of Order.

Point of Order

Senator SHORT raised a Point of Order under Rule 24 that Proviso 8.39 of the Report of the Committee of Finance was out of order inasmuch as this item was included in H. 3738 and should not be included as a proviso in H. 3749.

Amend the bill further, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 380, beginning on line 14, by striking Proviso 8.39 and inserting:

/ 8.39. (DHHS: Medicaid Cost Savings Suggestion Award Program) The department shall develop policies and procedures for a Medicaid Cost Savings Suggestion Award Program. The department shall establish an in-house committee to administer the program. Employees of the department are not eligible for cash awards. The department is authorized to provide cash or honorary awards to employees of Medicaid providers whose suggestion is adopted by the committee that will result in savings of state or federal dollars. The department is authorized to fund this program from revenue from third party liability collections. The maximum amount of funds that may be used annually for the program is $20,000. No award may be given until the cost savings has been recognized by the department. Prior to implementation of the program, the department must first obtain approval of the Budget and Control Board. /

The PRESIDENT overruled the Point of Order.

Point of Order

Senator SHORT raised a Point of Order under Rule 24 that Proviso 8.40 of the Report of the Committee of Finance was out of order inasmuch as this item was included in H. 3738 and should not be included as a proviso in H. 3749.

Amend the bill further, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 380, beginning on line 21, by striking Proviso 8.40 and inserting:

/ 8.40. (DHHS: Medication Exemptions) There shall be no prior authorization or any other prescriptive restrictions on medications prescribed to treat schizophrenia, major depression, or bipolar disorder as defined by the most recent edition of the Diagnostics and Statistical Manual of the American Psychiatry Association, or hemophilia and HIV. /

The PRESIDENT overruled the Point of Order.

Proviso 8.40 of Report of the Committee of Conference was ruled out of order.

Point of Order

Senator SHORT raised a Point of Order under Rule 24 that Proviso 8.42 of the Report of the Committee of Finance was out of order inasmuch as this item was included in H. 3738 and should not be included as a proviso in H. 3749.

Amend the bill further, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 380, beginning on line 32, by striking Proviso 8.42 and inserting:

/ 8.42. (DHHS: Eligibility Determination/Funding Reform) The South Carolina Department of Health and Human Services shall continue to explore limiting coverage groups to more essential services as opposed to a full coverage plan. The department shall continue to review Eligibility Determination Integrity Measures for areas of improvement, specifically the accuracy and integrity of the eligibility determination program. The department shall consider implementing the following requirements as a part of the eligibility determination process where there is no medical or physical hindrance: 1) applicants, family members, or third parties must apply in person with an eligibility worker, fax or mail-in applications are prohibited; 2) documented proof of citizenship or legal alien status; 3) "face to face" re-application every twelve months except for the elderly and persons with handicapping conditions; 4) applicants, parents, the responsible party, or persons holding a power of attorney for the applicant must sign the application, which will attest to the accuracy of the information provided and provide for consent of applicant for eligibility search. The department shall consider implementing measures such as temporary suspension or termination from the program to deter individuals from providing false information. The department shall submit an annual report to the General Assembly regarding the implementation of procedures to improve the eligibility determination process. If any of the above measures are not implemented, the department shall provide an explanation as to why the measure was not implemented by January 1, 2004. The report must address: a) auditing and testing measures that are statistically valid; b) recommendations for streamlining the eligibility process; c) automation for efficiency and cost-savings; d) on-line cross checks with S.C. Department of Revenue, Social Security Administration, and state wage databases; e) verification of employer sponsored insurance. Further, the department is directed to explore the use of managed care and privatization of the eligibility unit. The department shall withhold and retain up to $20,000,000 in increased revenue earned by school districts in the prior fiscal year and through June 30, 2004, as a result of rate changes and/or activation of Medicaid payment for new services. The Department of Education and school districts shall aggressively pursue Medicaid reimbursement including administrative claiming and transportation services. /

The PRESIDENT overruled the Point of Order.

Point of Order

Senator SHORT raised a Point of Order under Rule 24 that Proviso 13.27 of the Report of the Committee of Finance was out of order inasmuch as this item was included in H. 3738 and should not be included as a proviso in H. 3749.

Amend the bill further, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 395, beginning on line 15, by striking Proviso 13.27 and inserting:

/ 13.27. (DSS: Integrated Children's Services Program-ICSP) There is established within the Department of Social Services a division titled the "Integrated Children's Services Program (ICSP)." The purpose of this program is to improve children's access to appropriate services, including those with emotional, developmental and physical disabilities while providing better statewide oversight, and prudent use of resources. The board shall consider the best practice standards for services to children in state custody or whom this division otherwise serves.

The ICSP shall be comprised of the following entities: Continuum of Care, Managed Treatment Services, and the Interagency System of Caring for Emotionally Disturbed Children. The state office must centrally administer programs provided under the current Continuum of Care Division and Managed Treatment Services Division.

The Continuum of Care shall continue to provide the services and duties as set forth in Section 20-7-5670 et. seq., for children who are not in the custody of the State.

Funding appropriated to the Continuum of Care shall not be transferred to other programs within the department's budget. In addition, when instructed by the Budget and Control Board or the General Assembly to reduce funds by a certain percentage, the department may not reduce the funds appropriated for the Continuum of Care greater than such stipulated percentage. /

The PRESIDENT sustained the Point of Order.

Proviso 13.27 of the Committee on Finance was ruled out of order.

Point of Order

Senator SHORT raised a Point of Order under Rule 24 that Proviso 13.28 of the Report of the Committee of Finance was out of order inasmuch as this item was included in H. 3738 and should not be included as a proviso in H. 3749.

Amend the bill further, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 396, beginning on line 13, by striking Proviso 13.28 and inserting:

/ 13.28. (DSS: Day Care Licensing) Funding for Day Care Licensing in Part IA, Section 13, Department of Social Services must be transferred to the Department of Health and Environmental Control by January 31, 2004. The amount to be transferred must be $2,458,618 in total funds and $55,204 in general funds and associated fringe benefits. The number of FTE's to be transferred must be 13.00 total funds and 1.17 general funds. The Director of the Office of State Budget must provide for this transfer after conferring with the directors of state agencies affected by this provision. The Department of Health and Environmental Control must consider employees of the Department of Social Services working in Day Care Licensing for employment with the Department of Health and Environmental Control in a similar capacity. /

The PRESIDENT sustained the Point of Order.

Proviso 13.28 of the Report of the Committee on Finance was ruled out of order.

Point of Order

Senator SHORT raised a Point of Order under Rule 24 that Proviso 13.29 of the Report of the Committee of Finance was out of order inasmuch as this item was included in H. 3738 and should not be included as a proviso in H. 3749.

Amend the bill further, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 396, after line 19, by adding Proviso 13.29 to read:

/ 13.29. (DSS: Division on Aging Transfer) The duties, functions and responsibilities of the Division on Aging are transferred from the Department of Health and Human Services to the Department of Social Services as the Office on Aging. The director of the department must employ a deputy director to be the administrator for the office. /

The PRESIDENT sustained the Point of Order.

Proviso 13.29 of the Report of the Committee on Finance was ruled out of order.

Amendment No. 17

Senator MOORE proposed the following Amendment No. 17 (AMD3749-14), which was carried over:

Amend the committee amendment, as and if amended, [3749-4] by striking the amendment to page 15 inserting a line after line 31 and inserting:

"Amending the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 15, by inserting a line after line 31:

/ Classroom Instructional And Support Staff Bonus

COLUMN 7 COLUMN 8

/ STRIKING

and

INSERTING 32,000,000 /"

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

Senator LEATHERMAN moved to carry over the amendment.

A roll call vote was requested.

Point of Order

Senator HAWKINS raised a Point of Order that the request for a roll call vote came too late inasmuch as the vote had already been announced.

The PRESIDENT overruled the Point of Order.

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

Ayes 25; Nays 13

AYES

Alexander                 Branton                   Courson
Cromer                    Fair                      Giese
Gregory                   Grooms                    Hawkins
Knotts                    Kuhn                      Leatherman
Martin                    McConnell                 McGill
Mescher                   Peeler                    Ravenel
Richardson                Ritchie                   Ryberg
Smith, J. Verne           Thomas                    Verdin
Waldrep

Total--25

NAYS

Anderson                  Drummond                  Elliott
Ford                      Glover                    Hutto
Jackson                   Leventis                  Malloy
Matthews                  Moore                     Setzler
Short

Total--13

The amendment was carried over.

Amendment No. 16

Senator MOORE proposed the following Amendment No. 16 (AMD3749-17), which was tabled:

Amend the committee amendment, as and if amended, [3749-4] by striking the amendment to page 16, line 4 and inserting:

"Amending the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 16, line 4 by:

COLUMN 7 COLUMN 8

/ STRIKING

and

INSERTING 3,000,000 /"

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator SETZLER spoke in favor of the adoption of the amendment.

Senator SETZLER moved that the amendment be adopted.

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

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

Ayes 25; Nays 16

AYES

Alexander                 Branton                   Courson
Cromer                    Fair                      Giese
Gregory                   Grooms                    Hawkins
Hayes                     Knotts                    Kuhn
Leatherman                Martin                    McConnell
Mescher                   Peeler                    Ravenel
Richardson                Ritchie                   Ryberg
Smith, J. Verne           Thomas                    Verdin
Waldrep

Total--25

NAYS

Anderson                  Drummond                  Elliott
Ford                      Glover                    Holland
Hutto                     Jackson                   Leventis
Malloy                    Matthews                  McGill
Moore                     O'Dell                    Setzler
Short *

Total--16

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The amendment was laid on the table.

Objection

Senator KNOTTS asked unanimous consent to make a motion that the General Appropriation Bill receive the requisite readings by the Senate prior to the close of business on Thursday, May 15, 2003.

Senators McCONNELL and JACKSON objected.

Amendment No. 31

Senator KNOTTS proposed the following Amendment No. 31 (DCSALARY FUNDING TO EFA.DOC), which was carried over and subsequently withdrawn:

Amend the committee amendment, as and if amended, page [3749-8] by adding:

// Amend the bill, as and if amended, Part IA, Section 5E, UNIVERSITY OF CHARLESTON, page 39, line 3, by:

COLUMN 7 COLUMN 8

/ STRIKING: 140,000 140,000

and

INSERTING: 136,252 136,252 / //

Amend the committee amendment further, as and if amended, page [3749-21] by adding:

// Amend the bill further, as and if amended, Part IA, Section 28, JOBS-ECONOMIC DEVELOPMENT AUTHORITY, page 182, line 3, by:

COLUMN 7 COLUMN 8

/ STRIKING: 104,250

and

INSERTING: 101,472 / //

Amend the committee amendment further, as and if amended, page [3749-24] by adding:

// Amend the bill further, as and if amended, Part IA, Section 43, WORKERS' COMPENSATION COMMISSION, page 227, line 3, by:

COLUMN 7 COLUMN 8

/ STRIKING: 96,504 96,504

and

INSERTING: 92,849 92,849 / //

Amend the committee amendment further, as and if amended, page [3749-2] by adding:

// Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, line 14, by:

COLUMN 7 COLUMN 8

/ STRIKING: 963,740,766 963,740,766

and

INSERTING: 963,750,947 963,748,169/ //

Amend the committee amendment further, as and if amended, page [3749-46] by adding:

// Amend the bill further, as and if amended, Part IB, Section 28, JOBS-ECONOMIC DEVELOPMENT AUTHORITY, page 409, beginning after line 10, by adding an appropriately numbered paragraph to read:

/ 28. (JEDA: Transfer to EFA) The Jobs-Economic Development Authority is directed to transfer $2,778 of the agency's personal service funding to the Department of Education to be used to fund the Education Finance Act (base student cost). / //

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator KNOTTS explained the amendment.

Point of Order

Senator MOORE raised a Point of Order that under Rule 18 the amendment was out of order inasmuch as it was incorrectly drawn and should be divided into separate amendments.

Senator McCONNELL spoke on the Point of Order.

Senator McCONNELL requested under Rule 18 that the amendment be divided.

On motion of Senator LEATHERMAN, the amendment was carried over.

On motion of Senator KNOTTS, with unanimous consent, the amendment was withdrawn.

Objection

Senator MATTHEWS asked unanimous consent to make a motion to take up Amendment No. 87 for immediate consideration.

Senator LEATHERMAN objected.

On motion of Senator LEATHERMAN, with unanimous consent, debate was interrupted by recess.

RECESS

At 1:22 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 2:15 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:20 P.M. and was called to order by the PRESIDENT.

RECESS

At 2:20 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed ten minutes.

At 2:39 P.M., the Senate resumed.

AMENDED, DEBATE INTERRUPTED

H. 3749 -- GENERAL APPROPRIATION BILL

The Senate resumed consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

RECESS

At 2:41 P.M., on motion of Senator HUTTO, the Senate receded from business not to exceed two minutes.

At 2:43 P.M., the Senate resumed.

Objection

Senator LEATHERMAN asked unanimous consent to take up Amendment No. 66C for immediate consideration.

Senator MATTHEWS objected.

Objection

Senator MATTHEWS asked unanimous consent to take up seriatum for immediate consideration Amendment No. 66C, the amendment proposed by Senator J. VERNE SMITH and the amendment proposed by Senator MOORE.

Senator LEATHERMAN objected.

Motion Adopted

On motion of Senator HAYES, with unanimous consent, Senators HAYES, JACKSON and SHORT were granted leave to attend a meeting of the Committee of Conference on S. 438 and be counted in any quorum calls.

Motion Adopted

On motion of Senator McCONNELL, with unanimous consent, the members of the Judiciary Committee were granted leave to attend a meeting to consider appointments, be counted in any quorum calls, and to be allowed to vote from the balcony.

Decision of the President

The PRESIDENT took up the Point of Order raised by Senator HUTTO on Tuesday, May 6, 2003, whereby Proviso 73.3 of the Report of the Committee of Finance was out of order under Rule 24A inasmuch as it amends, suspends or repeals permanent law:

Amend the bill further, as and if amended, Part IB, Section 73, X91, page 504, beginning on line 13, by striking Proviso 73.3 and inserting:

/ 73.3. (Law Enforcement Funding) (A) In addition to all other assessments and surcharges, during Fiscal Year 2003-04, a twenty-five dollar surcharge is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrates' or municipal court for misdemeanor traffic offenses or for nontraffic violations. No portion of the surcharge may be waived, reduced, or suspended. (B)(1) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction, which heard or processed the case and paid to the State Treasurer within thirty days after receipt. The State Treasurer may retain the actual cost associated with the collection of this surcharge not to exceed $40,000. The State Treasurer shall allocate and transfer quarterly the remaining revenue as follows: 37.75% of these funds quarterly to the circuit solicitors in the manner hereinafter provided, 22.10% to the Department of Juvenile Justice for the Coastal Evaluation Center, for Assault Prevention, and other federal lawsuit related expenses, 15% to the State Law Enforcement Division for its general purposes, 15% to the Department of Corrections for its general purposes, 3.75% to the Attorney General's Office for its general purposes, 3.75% to the Judicial Department for its general purposes, 1.55% to the Department of Natural Resources for statewide police responsibilities, 1% to the Office Appellate Defense for its general purposes, and 0.10% to the Forestry Commission for statewide police responsibilities. The State Treasurer shall transmit the portion of these funds earmarked for the solicitors' offices to the Prosecution Coordination Commission which shall then apportion these funds among the circuit solicitors of this State on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census. The funds shall be used for the operation of the solicitors' offices, and the solicitor may use a portion of those funds to provide for drug courts in their judicial circuits. (2) The funds received by solicitors' offices pursuant to this paragraph in part are to replace the funds received by solicitors in the same year from judicial circuits state support pursuant to Paragraph 33.3 Judicial Circuits State Support. As a result and notwithstanding the provisions of item (1) above, the State Treasurer shall withhold funds received under this paragraph for the benefit of the solicitors and transmit seventy-five percent of the aforementioned funds to the Highway Patrol Division (DPS) to be used for a new trooper class and twenty-five percent of the aforementioned funds to the Judicial Department until such time as these deposits equal the amounts disbursed or to be disbursed to the solicitors under Paragraph 33.3 Judicial Circuits State Support. Thereafter, any such funds received for the benefit of the solicitors shall be disbursed to them in the manner required in item (1) above. (C) It is the intent of the General Assembly that the amounts generated by this paragraph for use by the solicitors' offices shall be in addition to any amounts presently being provided by the county for these services and may not be used to supplant funding already allocated for these services by the county. (D) The State Treasurer may request the State Auditor to examine the financial records of any jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to subsection (B). The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination. /

The PRESIDENT overruled the Point of Order.

Decision of the President Appealed and Later Withdrawn

Senator HUTTO appealed the decision of the PRESIDENT.

ACTING PRESIDENT PRESIDES

At 3:02 P.M., Senator McCONNELL assumed the Chair.

The question then was "Shall the Ruling of the PRESIDENT be overridden?"

Senator THOMAS explained the proviso.

Parliamentary Inquiry

Senator MOORE made a Parliamentary Inquiry under Rule 7 as to whether the total amount of time to debate the question was two hours.

The ACTING PRESIDENT stated that, at the end of two hours, a vote would be taken on the appeal.

Senator HUTTO argued contra to the decision of the PRESIDENT.

ACTING PRESIDENT PRESIDES

At 3:09 P.M., Senator COURSON assumed the Chair.

Senator HUTTO argued contra to the decision of the PRESIDENT.

RECESS

At 3:43 P.M., with Senator HUTTO retaining the floor, on motion of Senator LAND, the Senate receded from business not to exceed four minutes.

At 3:48 P.M., the Senate resumed.

Senator HUTTO argued contra to the decision of the PRESIDENT.

Objection

With Senator HUTTO retaining the floor, Senator SETZLER asked unanimous consent to make a motion to take up Amendment No. 5 for immediate consideration for the purpose of voting on the amendment.

Senator LEATHERMAN objected.

Senator HUTTO argued contra to the decision of the PRESIDENT.

Senator MARTIN spoke on the decision of the PRESIDENT.

Senator HUTTO asked unanimous consent to make a motion to withdraw the appeal and take up Amendment No. 5 for immediate consideration.

There was no objection.

The appeal was withdrawn.

Point of Order

Senator McCONNELL raised a Point of Order that the PRESIDENT must be invited to return to the Chamber before the Senate could proceed.

PRESIDENT PRESIDES

At 4:15 P.M., the PRESIDENT assumed the Chair.

Amendment No. 5

Senator MOORE proposed the following Amendment No. 5 (3749-MOORE), which was adopted (#1):

Amend the committee amendment, as and if amended, [3749-61], by deleting that portion of the amendment that amends Part IB, Section 73, X91, page 504, beginning on line 13, by striking Proviso 73.3 and inserting new language.

Renumber sections to conform.

Amend title to conform.

Senator HAWKINS explained the amendment.

The question then was the adoption of Amendment No. 5.

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

Ayes 35; Nays 8

AYES

Anderson                  Branton                   Courson
Cromer                    Drummond                  Elliott
Fair                      Ford                      Giese
Glover                    Gregory                   Hawkins
Hutto                     Jackson                   Knotts
Kuhn                      Leventis                  Malloy
Matthews                  McConnell                 Mescher
Moore                     O'Dell                    Patterson
Peeler                    Pinckney*                 Rankin
Ravenel                   Reese                     Richardson
Ritchie                   Setzler                   Thomas
Verdin                    Waldrep

Total--35

NAYS

Alexander                 Grooms                    Hayes
Land                      Leatherman                Martin
Ryberg                    Short

Total--8

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The amendment was adopted.

Objection

Senator LEATHERMAN asked unanimous consent to take up Amendment No. 66 proposed by Senator THOMAS for immediate consideration.

Senator MATTHEWS objected.

RECESS

At 4:31 P.M., on motion of Senator SETZLER, the Senate receded from business not to exceed two minutes.

At 4:36 P.M., the Senate resumed.

Point of Order

Senator PINCKNEY raised a Point of Order under Rule 24A and Rule 24B that Proviso 39.16 of the Report of the Committee of Finance was out of order inasmuch as it is not germane to the Bill.
Amend the bill further, as and if amended, Part IB, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 429, after line 7, by adding Proviso 39.16 to read: / 39.16. (DJJ: Child Support) The Clerk of Court shall remit to the Department of Juvenile Justice, one-half of any child support paid through the Clerk's Office for a child who is indeterminately or determinately committed to the Department of Juvenile Justice by the Family Court for a period of thirty days or greater. The Clerk of Court shall reduce child support disbursements made to the custodial parent by one-half of the amount ordered for the support of that child. When child support payments are being made by the non-custodial parent for more than one child, the amount dispersed by the Clerk of Court to the Department of Juvenile Justice should be one-half the prorated amount of child support paid by the non-custodial parent. The department shall use these funds to help offset the cost of that child's confinement and rehabilitation. The department shall immediately notify the Clerk's Office of the child's release from the custody of the Department of Juvenile Justice. Payments to the custodial parent will resume as previously ordered. / Senator MARTIN spoke on the Point of Order.

Senator PINCKNEY explained the proviso.

The PRESIDENT sustained the Point of Order.

Proviso 39.16 of the Report of the Committee on Finance was ruled out of order.

Amendment No. 53

Senator LEATHERMAN proposed the following Amendment No. 53 (MLS-PA-MLS03.DOC), which was adopted (#2):

Amend the committee amendment, as and if amended, page [3749-26] by striking that part of the amendment that amends Part IA, Section 54D, LEG. DEPARTMENT-LEG. PRINTING, INF. TECH. SYSTEMS, page 256, line 11, and by inserting:

// Amend the bill, as and if amended, Part IA, Section 54D, LEG. DEPARTMENT-LEG. PRINTING, INF. TECH. SYSTEMS, page 256, line 11, by:

COLUMN 7 COLUMN 8

/ STRIKING: 1,090,554 1,090,554

and

INSERTING 1,189,949 1,189,949/ //

Amend the committee amendment further, as and if amended, page [3749-26] by deleting:

// Amend the bill further, as and if amended, Part IA, Section 54D, LEG. DEPARTMENT-LEG. PRINTING, INF. TECH. SYSTEMS, page 256, line 14, by:

COLUMN 7 COLUMN 8

/ STRIKING: 0 0

and

INSERTING: 80,471 80,471/ //

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 50

Senator LEATHERMAN proposed the following Amendment No. 50 (MLS-PA-MLS01.DOC), which was adopted (#3):

Amend the committee amendment, as and if amended, page [3749-27] by inserting:

// Amend the bill, as and if amended, Part IA, Section 59, COMPTROLLER GENERAL'S OFFICE, page 278, line 10, opposite Other Operating Expenses by:

COLUMN 7 COLUMN 8

/ STRIKING: 54,866 54,866

and

INSERTING: 254,866 54,866/ //

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 51

Senator LEATHERMAN proposed the following Amendment No. 51 (MLS-PA-MLS02.DOC), which was adopted (#4):

Amend the committee amendment, as and if amended, page [3749-53] by inserting:

// Amend the bill, as and if amended, Part IB, Section 59, COMPTROLLER GENERAL'S OFFICE, page 450, after line 16 , by adding an appropriately numbered paragraph to read:

/59. . (CG: Payroll System Modifications for State Optional Retirement Program) The Comptroller General is hereby directed to contract on mutually agreeable terms with the South Carolina Retirement System to modify the State's payroll and accounting systems to accommodate the requirements of the State Optional Retirement Program. The Comptroller General's Office is authorized to seek cost reimbursement by charging the Retirement System reasonable fees for systems modifications associated with this contract, not to exceed $200,000. The cost reimbursement may be used to support the operations of the Comptroller General's Office and any unexpended fund balance may be carried forward if necessary to complete the project. / //

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 64

Senator RICHARDSON proposed the following Amendment No. 64 (RW-PA-VOTER ID CARD $.DOC), which was tabled:

Amend the committee amendment, as and if amended, page [3749-28] by deleting that part of the amendment that amends Part IA, Section 62, ELECTION COMMISSION, page 287, after line 21 and by inserting:

// Amend the bill, as and if amended, Part IA, Section 62, ELECTION COMMISSION, page 287, after line 21, by inserting:

COLUMN 7 COLUMN 8

/SPECIAL ITEM:

Help America Vote Act

(Match) 14,700,000 700,000/ //

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RICHARDSON explained the amendment.

Senator PATTERSON spoke on the amendment.

Senator PATTERSON moved to lay the amendment on the table.

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

Ayes 34; Nays 6

AYES

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Giese                     Glover
Grooms                    Hawkins                   Hayes
Hutto                     Jackson                   Knotts
Kuhn                      Land                      Leatherman
Leventis                  Malloy                    Martin
Matthews                  McConnell                 McGill
O'Dell                    Patterson                 Peeler
Pinckney                  Rankin                    Ravenel
Reese                     Setzler                   Short
Thomas

Total--34

NAYS

Gregory                   Mescher                   Richardson
Ryberg                    Verdin                    Waldrep

Total--6

The amendment was laid on the table.

Amendment No. 91

Senator RANKIN proposed the following Amendment No. 91 (RW-PA-PACT ADMINISTERING.DOC), which was adopted (#5):

Amend the committee amendment, as and if amended, page [3749-34] by inserting:

// Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 352, after line 6, by adding an appropriately numbered paragraph to read:

/ 1. . (SDE: PACT Administration) Beginning with the 2004-2005 school year, the Palmetto Achievement Challenge Test (PACT) in grades three through eight shall be administered annually in the second week of May as long as the return of data from the test is consistent with the requirements of the federal No Child Left Behind Act of 2003 and the South Carolina Education Accountability Act of 1998./ //

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RANKIN explained the amendment.

The amendment was adopted.

Amendment No. 144

Senators SETZLER and MOORE proposed the following Amendment No. 144 (3749R024.NGS.DOC), which was adopted (#6A):

Amend the Finance Committee amendment, as and if amended, page [3749-34], by inserting:

// Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 352, by adding an appropriately numbered paragraph to read:

/ 1. . (SDE: Adult Education) Pursuant to Section 56-19-420, an amount of $1,000,000 shall be allocated to support adult education programs. / //

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

RECESS

At 5:59 P.M., on motion of Senator KNOTTS, the Senate receded from business not to exceed two minutes.

At 6:06 P.M., the Senate resumed.

Amendment No. 142

Senator RYBERG proposed the following Amendment No. 142 (NBD11706SL03), which was ruled out of order:

Amend the committee amendment, as and if amended, Part 1B, SECTION 5A, Commission on Higher Education by adding an appropriately numbered paragraph at the end of the Section on page 3749-38 to read:

/For the current fiscal year, the South Carolina Tuition Prepayment Program set forth in Chapter 4, Title 59 is suspended./

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

Point of Order

Senator SETZLER raised a Point of Order under Rule 24 that Amendment No. 142 was out of order inasmuch as it amends, suspends or repeals permanent law.

The PRESIDENT sustained the Point of Order.

Amendment No. 142 was ruled out of order.

Amendment No. 199

Senator SHORT proposed the following Amendment No. 199 (SHORT MED PROVISO 839), which was adopted (#7.):

Amend the Finance Committee Amendment, as and if amended, page 3749-40 of the amendment, the first complete amendment on the page pertaining to Proviso 8.39 by striking the amendment in its entirety.

Amend title, totals, part, section and other necessary references to conform

Senator SHORT explained the amendment.

Senator SHORT moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 200A

Senator SHORT proposed the following Amendment No. 200A (2 SHORT PROVISO 842), which was adopted (#8):

Amend the Finance Committee Amendment, as and if amended, pages 3749-40 of the amendment, after the fifth amendment on the page pertaining to Proviso 8.42 by striking the amendment in its entirety and inserting:

Amend the bill further, as and if amended, Part 1B, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 380, beginning on line 32 by striking Proviso 8.42 and inserting:

/" 8.42. (DHHS: Medicaid Rate Changes Retainer) The department shall withhold and retain up to $20,000,000 in increased revenue earned by school districts in the prior fiscal year and through June 30, 2004, as a result of rate changes and/or activation of Medicaid payment for new services. The Department of Education and school districts shall aggressively pursue Medicaid reimbursement including administrative claiming and transportation services."/

Amend title, totals, part, section and other necessary references to conform

Senator SHORT explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator SHORT moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 156

Senators MOORE and LEVENTIS proposed the following Amendment No. 156 (AMD3749-4), which was carried over:

Amend the committee amendment, as and if amended, [3749-41] after proviso 8.45. and before proviso 9.11 by inserting:

"Amend the bill further, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 381, after line 22 by adding an appropriately numbered paragraph to read:

/ 8. . (DHHS: CHIP Eligibility) Eligibility for the State Children's Health Insurance Program is to be based on 200 percent above the federal poverty level criteria. /"

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator J. VERNE SMITH spoke on the amendment.

Senator LEATHERMAN moved to carry over the amendment.

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

Ayes 27; Nays 16

AYES

Alexander                 Branton                   Courson
Cromer                    Elliott                   Giese
Gregory                   Grooms                    Hawkins
Hayes                     Kuhn *                    Leatherman
Martin                    McConnell                 McGill
Mescher                   O'Dell                    Peeler
Rankin                    Ravenel                   Richardson
Ritchie                   Ryberg                    Smith, J. Verne
Thomas                    Verdin                    Waldrep

Total--27

NAYS

Anderson                  Drummond                  Ford
Glover                    Holland                   Jackson
Land                      Leventis                  Malloy
Matthews                  Moore                     Patterson
Pinckney                  Reese                     Setzler
Short

Total--16

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The amendment was carried over.

Senator LEVENTIS spoke on the report.

Senator LEATHERMAN spoke on the report.

Objection

Senator LEATHERMAN asked unanimous consent to make a motion to take up amendment No. 66 for immediate consideration.

Senator JACKSON objected.

Objection

Senator JACKSON asked unanimous consent to make a motion to take up the J. VERNE SMITH amendment for immediate consideration.

Senator LEATHERMAN objected.

Objection

Senator RICHARDSON asked unanimous consent to make a motion to take up Amendment No. 201 for immediate consideration.

Senator JACKSON objected.

Objection

Senator JACKSON asked unanimous consent to make a motion to take up the J. VERNE SMITH amendment for immediate consideration.

Senator LEATHERMAN objected.

Expression of Personal Interest

Senator RICHARDSON rose for an Expression of Personal Interest.

Amendment No. 148

Senator MOORE proposed the following Amendment No. 148 (3749R025.TLM.DOC), which was adopted (#9A):

Amend the Finance Committee Amendment, as and if amended, page 3749-43 of the amendment, the first amendment on the page, pertaining to Proviso 9.49 by striking the amendment and inserting a new amendment to read:

// Amend the bill further, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 388, Proviso 9.49, by striking the proviso in its entirety. //

Amend title, totals, part, section and other necessary references to conform

Senator J. VERNE SMITH spoke on the amendment.

Senator MOORE explained the amendment.

The amendment was adopted.

Amendment No. 46

Senator RITCHIE proposed the following Amendment No. 46 (3749R027.JHR.DOC), which was adopted (#10A):

Amend the committee amendment, as and if amended, page [3749-44] by inserting:

// Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 390, paragraph 10, lines 15-16, by striking the proviso in its entirety and inserting:

/ 10.10 (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. / //

Amend title, totals, part, section and other necessary references to conform

Senator RITCHIE explained the amendment.

Senator RITCHIE moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 152

Senator MOORE proposed the following Amendment No. 152 (3749R028.TLM.DOC), which was adopted (#11A):

Amend the Finance Committee Amendment, as and if amended, page [3749-45], after the seventh amendment on the page, pertaining to Proviso 23.9, by inserting a new Amendment to read:

// Amend the bill further, as and if amended, part IB, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 405, beginning on line 10, by striking Proviso 24.15 in its entirety. //

Amend title, totals, part, section and other necessary references to conform

Senator MOORE explained the amendment.

Senator McGILL spoke on the amendment.

The amendment was adopted.

Amendment No. 153

Senator MOORE proposed the following Amendment No. 153 (AMD3749TLMFC8), which was adopted (#12):

Amend the Finance Committee Amendment, as and if amended, page 3749-46 of the amendment, the first amendment on the page, pertaining to Proviso 24.17, by striking the amendment in its entirety.

Amend title, total, part, section and other necessary references to conform

Senator MOORE explained the amendment.

The amendment was adopted.

RECESS

At 7:07 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed three minutes.

At 7:23 P.M., the Senate resumed.

On motion of Senator LEATHERMAN, with unanimous consent, Amendment No. 66D was taken up for immediate consideration.

Amendment No. 66D

Senator THOMAS proposed the following Amendment No. 66D (BBM\9823MM03), which was ruled out of order:

Amend the amendment, as and if amended, page 3749-64, by adding at the end:

/ Amend the bill, as and if amended, Part IB, Section 73, page 505, by adding an appropriately numbered paragraph to read:

// 73.____A. (Surcharge For Schools and Property Tax Relief) (A)(1) For the current fiscal year, a surcharge equal to two percent is imposed on amounts taxable pursuant to Chapter 36, Title 12 of the 1976 Code, but this surcharge does not apply to items subject to a maximum tax pursuant to Section 12-36-2110 of the 1976 Code. The Department of Revenue shall prescribe amounts that may be added to sales price as a result of this additional surcharge.

(2) Notwithstanding any other provision of law providing for the use of sales and use tax, all revenue of the surcharge imposed pursuant to this paragraph must be credited to a fund in the State Treasury separate and distinct from the general fund and all other funds styled the Tax Relief and Education Fund. Earnings on this fund must be credited to it. Revenue collected pursuant to this section must not be considered in any formula providing for minimum appropriations. Revenue in the fund must be used as follows:

(a) Two hundred million dollars is appropriated for the current fiscal year to the school districts of the State under the Education Finance Act formula to increase base student cost. This appropriation must be distributed in the manner and at the time other EFA funds are distributed;

(b) Fifty-five million dollars is allocated for the credits replacing the LOST credits pursuant to subparagraph (B)(5).

(c) The remaining revenue must be distributed as follows:

(i) An amount estimated by the Board of Economic Advisors sufficient to reimburse local property taxing entities for the credit allowed pursuant to subparagraph (B)(2) must be paid to county treasurers.

(ii) The remaining balance must be paid to county treasurers and used to reimburse local property taxing entities for the credit allowed pursuant to subparagraph (B)(1).

(d) The payments pursuant to item (2)(c)(ii) of this subparagraph must be distributed by the Comptroller General monthly to counties in the proportion that the total of assessed value of private passenger motor vehicles and motor cycles in the county is of the total of such assessed value statewide. The payments pursuant to item (2)(c)(i) of this subparagraph must be distributed by the Comptroller General to counties on a per capita basis using the most recent United States Census data and the payments must be scheduled in six equal installments beginning in January 2004.

(e) No provisions of this paragraph may be construed pursuant to Section 4-9-55(B) as limiting the authority of a county to raise revenues in the aggregate for the operation of county government as that authority existed on July 1, 1993.

(B)(1) There is allowed a credit against the property tax due on a private passenger motor vehicle as defined in Section 56-3-630 of the 1976 Code and a motorcycle for vehicle property tax years beginning in January through June, 2004, but the credit does not apply to:

(a) property taxes imposed for bonded indebtedness for capital construction and property taxes imposed to make payments pursuant to a lease-purchase agreement or other financing instruments for capital construction; and

(b) property tax millage imposed for operating purposes in excess of the amount of such millage imposed by a property taxing entity for property tax year 2002.

(2) There is allowed a credit as calculated pursuant to this section against any remaining property tax due after the exemptions allowed pursuant to Sections 12-37-250 and 12-37-251 of the 1976 Code on an owner-occupied residence classified for property tax purposes pursuant to Section 12-43-220(c) of the 1976 Code but the credit does not apply to:

(a) property taxes imposed for bonded indebtedness for capital contributions and property tax imposed to payments pursuant to a lease-purchase agreement or other financing instruments for capital construction;

(b) property tax millage imposed for operating purposes in excess of the amount of such millage imposed by a property taxing entity for property tax year 2002.

(3) The millage rate that is the subject of the limitation imposed pursuant to item (B)(1)(b) and (B)(2)(b) must be adjusted after reassessments to an equivalent millage rate as the Department of Revenue shall prescribe.

(4)(a) The credit allowed pursuant to subparagraph (B)(1) is an amount determined by multiplying the amount received by the county pursuant to subparagraph (A)(2)(c) in the current fiscal year by a fraction in which the assessed value of the vehicle is the numerator and the assessed value of all eligible vehicles in the county is the denominator. This credit and the reimbursement for it is allocated to property taxing entities in the proportion that the tax resulting from the millage against which the credit is allowed is of the total of such tax on the vehicle.

(b) The credit allowed pursuant to subparagraph (B)(2) is an amount determined by multiplying the amount received by the county pursuant to subparagraph (A)(2)(c) by a fraction in which the tax to which to credit applies remaining due on the eligible residence after other exemptions are applied is the numerator and the tax remaining are due on all eligible residences in the county after other exemptions are applied is the denominator. This credit and the reimbursement for it is allocated to property taxing entities in the proportion that the entity's tax eligible for credit remaining due on the residence is of the total of such tax due on the residence.

(5) In a county area in which is imposed the local option sales tax pursuant to Article 1, Chapter 10, Title 4 of the 1976 Code (LOST) on July 1, 2003, where the credits allowed pursuant to this paragraph overlap with the credits allowed pursuant to LOST, the credit allowed by this paragraph replaces the credit allowed pursuant to LOST and the amount of the LOST credit is deemed a distribution from the LOST County/Municipal Revenue Fund. If the LOST is imposed in a county after June 30, 2003, the credit allowed by this paragraph applies only to tax liability remaining after applying the LOST credit and the amount of unused credit provided pursuant to this paragraph is credited back to the Tax Relief and Education Fund.

(C)(1) A local governing body may not increase the millage rate imposed for general operating purposes for property tax year 2003 above the rate imposed for such purposes for the preceding tax year. However, if 2003 was an assessment implementation year, the rollback millage, as calculated pursuant to Section 12-37-251(E) of the 1976 Code, must be used in lieu of the previous year's millage rate.

(2) The millage rate limitation provided for in item (1) of this section may be overridden and the millage rate may be further increased upon a favorable vote of a majority of the qualified electors of the jurisdiction voting in a referendum held for this purpose.

(D) With respect to the tax imposed by this paragraph, the provisions of Section 4-10-350(F) and (G) of the 1976 Code apply, mutatis mutandis.

(E) Effective July 1, 2004, twenty percent of projected annual revenue growth of the surcharge imposed pursuant to subparagraph (A) must be distributed annually to counties for the account of school districts determined to be inequitably funded by the State Department of Education. This revenue must be distributed on a per pupil basis.

B. This section takes effect July 1, 2003 and expires on June 30, 2004. // /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

Point of Order

Senator McCONNELL raised a Point of Order that Amendment No. 66D was out of order inasmuch as it is violative of Rule 24A.

Senators THOMAS, LEATHERMAN and MARTIN spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Amendment No. 66D was ruled out of order.

Statement by Senator MESCHER

Had the Point of Order not been sustained on Senator THOMAS' amendment, 66D, I would have voted in favor of adoption of the amendment.

On motion of Senator McCONNELL, debate was interrupted by adjournment.

Motion Adopted

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when it adjourns today, it stand adjourned to meet tomorrow at 10:30 A.M.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Fairfield County Delegation, the following appointments were confirmed in open session:

Reappointment, Fairfield County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Edward Gendron "Gen" Palmer VI, 1688 Longtown Road, Ridgeway, S.C. 29065

Reappointment, Fairfield County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

William M. Estes III, 4323 State Highway 269, Winnsboro, S.C. 29180

Reappointment, Fairfield County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007

Jerry Reed, 664 Loch Lane, Jenkinsville, S.C. 29065

MOTION ADOPTED

On motion of Senators FAIR, ALEXANDER, ANDERSON, BRANTON, COURSON, CROMER, DRUMMOND, ELLIOTT, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAYES, HOLLAND, HUTTO, JACKSON, KNOTTS, KUHN, LAND, LEATHERMAN, LEVENTIS, MALLOY, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, RYBERG, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WALDREP, with unanimous consent, the Senate stood adjourned in memory of former Representative David O. Hawkins, of Spartanburg, S.C., beloved father of Senator JOHN HAWKINS. Former Representative Hawkins served in the House of Representatives from 1957-87 and was Director of Legislative Affairs for Governor Campbell from 1987-1990.

ADJOURNMENT

At 8:10 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 10:30 A.M.

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