Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 1:30 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear words from St. Luke, the physician well acquainted with human need, Chapter 14:28:

"For which of you, intending to build a tower, does not first sit down and estimate the cost, to see whether he has enough to complete it?"
Let us pray.

Father, yes indeed, that is exactly what we have been doing, and we have come in early this week to finish our tower! (budget)

We have cast aside all our luxuries.

Perhaps we have overlooked a catalyst along the way. Some thoughts we've overlooked?

Lift up our spirits, Lord! Sharpen our wits! We remember words of St. Paul to the Corinthians in desperate days (II Cor.1:10 f.) when he said,

"He who rescued us from a deadly peril will continue to rescue us; on Him we have set our hope that He will rescue us again, as you also join in helping us by your prayers, so that many will give thanks on our behalf for the blessing granted us through the prayers of many."
Amen.

At 1:36 P.M., on motion of Senator MARTIN, the Senate receded from business not to exceed fifteen minutes.

At 1:58 P.M., the Senate resumed.

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

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

Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2003, and to expire June 30, 2008

5th Congressional District

Duane G. Hansen, 1993 Candlewick Drive, Fort Mill, S.C. 29715 VICE Peter C. Coggeshall

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Mental Health Commission, with term to commence March 14, 2003, and to expire March 14, 2008

6th Congressional District

Stephen A. Imbeau, M.D., 800 E. Cheves St., Suite 420, Florence, S.C. 29506 VICE Josephine Jupiter

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2002, and to expire June 30, 2006

2nd Congressional District

Duane M. Swygert, P.O. Box 486, Hardeeville, S.C. 29927 VICE Dorothea Dawkins-Haigler

Referred to the Committee on Judiciary.

Columbia, S.C., May 15, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.82, H. 3837 by a vote of 1 to 0:
(R82, H. 3837 (Word version)) -- Rep. Hayes: AN ACT TO AMEND ACT 187 OF 1999, RELATING TO PAYMENT FOR ATTENDANCE AT MEETINGS OF THE DILLON COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT MEMBERS MAY BE PAID FOR NOT MORE THAN TWELVE MEETINGS A YEAR RATHER THAN TEN.
Very respectfully,
Speaker of the House

Received as information.

(R82, H3837 (Word version)) -- Rep. Hayes: AN ACT TO AMEND ACT 187 OF 1999, RELATING TO PAYMENT FOR ATTENDANCE AT MEETINGS OF THE DILLON COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT MEMBERS MAY BE PAID FOR NOT MORE THAN TWELVE MEETINGS A YEAR RATHER THAN TEN.

The veto of the Governor was taken up for immediate consideration.

Senator ELLIOTT moved that the veto of the Governor be overridden.

The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Alexander                 Anderson                  Branton
Courson                   Cromer                    Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hawkins                   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
Smith, J. Verne           Thomas                    Verdin
Waldrep

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

At 2:00 P.M., Senator FORD requested a leave of absence from 6:00 - 8:00 P.M. each day this week.

At 2:05 P.M., Senator HUTTO requested a leave of absence from 6:00 - 10:00 P.M. Wednesday evening.

At 2:15 P.M., Senator FAIR requested a leave of absence from 5:00 P.M. until 12:00 A.M. tonight.

At 2:15 P.M., Senator FAIR requested a leave of absence from 5:00 P.M. until 12:00 A.M. Wednesday.

At 6:00 P.M., Senator McGILL requested a leave of absence from 12:00 - 3:00 P.M. on Tuesday.

At 6:30 P.M., Senator RYBERG requested a leave of absence from 12:00 P.M. - 12:00 A.M. Thursday.

At 6:30 P.M., Senator O'DELL requested a leave of absence from 12:00 - 3:00 P.M. on Tuesday.

The following were introduced:

S. 704 (Word version) -- Senators Martin, Alexander, O'Dell and Waldrep: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO DR. DON C. GARRISON OF PICKENS COUNTY ON THE OCCASION OF HIS RETIREMENT AS PRESIDENT OF TRI-COUNTY TECHNICAL COLLEGE, FOR HIS MANY YEARS OF SERVICE TO THIS STATE THROUGH HIS WORK IN HIGHER EDUCATION, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
l:\s-res\lam\010garr.mrh.doc

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

S. 705 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 42 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES HONORING EACH OF THE COMPONENTS OF THE ARMED SERVICES OF THE UNITED STATES AND TO PROVIDE FOR THE DESIGN OF THE PLATES AND THE DISTRIBUTION OF FEES COLLECTED FROM THE ISSUANCE OF THE LICENSE PLATES.
l:\s-res\lam\012plat.mrh.doc

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

H. 3686 (Word version) -- Reps. Walker and Taylor: A BILL TO AMEND SECTION 56-19-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER AND SURRENDER OF A MOTOR VEHICLE'S CERTIFICATE OF TITLE, LICENSE PLATE, REGISTRATION CARD, AND MANUFACTURERS' SERIAL PLATES UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT WHEN AN INSURANCE COMPANY OBTAINS TITLE TO A VEHICLE FROM SETTING A TOTAL LOSS CLAIM, THE INSURANCE COMPANY MAY OBTAIN A TITLE TO THE VEHICLE DESIGNATED AS "SALVAGE".

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

H. 3780 (Word version) -- Reps. Simrill, Haskins, Cato, Clemmons, Davenport, Hamilton, Keegan, Littlejohn, Owens, Sandifer, Sinclair, Vaughn, Viers, Talley and Delleney: A BILL TO ENACT THE "UNBORN VICTIMS ACT" INCLUDING PROVISIONS TO AMEND CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTIES IN CONNECTION WITH CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT, FOR PURPOSES OF A CIVIL CAUSE OF ACTION, "PERSON" INCLUDES AN UNBORN CHILD, AND TO FURTHER PROVIDE FOR LIMITATIONS ON THE APPLICABILITY OF THIS SECTION; TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND BY ADDING SECTION 50-21-185 TO FURTHER PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH.

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

H. 4031 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-87 SO AS TO PROVIDE THAT IF AN INDIVIDUAL SERVING IN THE MILITARY IS CALLED TO ACTIVE DUTY IN A TIME OF WAR AND IS UNDER A COURT-ORDERED OBLIGATION TO PAY CHILD SUPPORT, A REDUCTION IN THAT INDIVIDUAL'S PAY, DUE TO BEING CALLED INTO ACTIVE DUTY, CONSTITUTES A MATERIAL CHANGE IN CIRCUMSTANCES AND THE INDIVIDUAL'S CHILD SUPPORT OBLIGATIONS AND SPOUSAL SUPPORT OBLIGATIONS MUST BE REDUCED BY A PERCENTAGE COMMENSURATE WITH THE PERCENTAGE REDUCTION IN THE INDIVIDUAL'S PAY; TO PROVIDE THAT NEITHER A CHILD SUPPORT NOR SPOUSAL SUPPORT ARREARAGE MAY ACCRUE AGAINST SUCH AN INDIVIDUAL DURING ACTIVE DUTY SERVICE; AND TO REQUIRE THE INDIVIDUAL TO NOTIFY THE FAMILY COURT WHEN THE INDIVIDUAL IS DISCHARGED FROM ACTIVE DUTY.

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

H. 4169 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DEVELOPMENT OF SUBDIVISION WATER SUPPLY AND SEWAGE TREATMENT/DISPOSAL SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2830, 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 Medical Affairs.

H. 4170 (Word version) -- Reps. Davenport and Lee: A CONCURRENT RESOLUTION TO DEMONSTRATE THE CONCERN OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR SOUTH CAROLINA'S TEXTILE INDUSTRY AND TO EXPRESS THE OPINION OF THE MEMBERS THAT ACTION BE TAKEN BY THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO RESCIND THE U.S.-VIETNAM BILATERAL AGREEMENT ON TEXTILES.

The Concurrent Resolution was introduced and referred to the General Committee.

H. 4225 (Word version) -- Reps. Ceips, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE MOST HEARTFELT APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE SERVICE MEMBERS OF MARINE WING SUPPORT SQUADRON 273, MARINE AIR CONTROL SQUADRON 2 DETACHMENT, COMBAT SERVICE SUPPORT DETACHMENT 23, MARINE FIGHTER ATTACK SQUADRON 115, MARINE FIGHTER ATTACK SQUADRON 251, MARINE ALL WEATHER FIGHTER ATTACK SQUADRON 533, AND MARINE AVIATION LOGISTICS SQUADRON 31 AND TO THE MARINES FROM MARINE AIRCRAFT GROUP 31 HEADQUARTERS AND THE SAILORS FROM THE BRANCH MEDICAL AND DENTAL CLINICS FOR THEIR COURAGE AND PATRIOTISM IN DEFENDING THIS COUNTRY IN OPERATION IRAQI FREEDOM AND TO WELCOME HOME THESE BRAVE MEN AND WOMEN ON WHOM THE CITIZENS OF THIS STATE AND THIS NATION DEPEND EVERY DAY TO PROTECT THE FREEDOMS THAT WE ENJOY.

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

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 317 (Word version) -- Senators Elliott, Rankin, Short, Reese and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

H. 3586 (Word version) -- Reps. Clemmons, Harrison, Cato, W.D. Smith, Viers, Herbkersman, M.A. Pitts, Altman, Barfield, Battle, Bingham, Branham, Ceips, Clark, Duncan, M. Hines, Keegan, Lourie, Owens, Skelton, Toole, Trotter, Umphlett, Whitmire, Witherspoon, Young, Hagood, Mahaffey, D.C. Smith, Haskins, Allen, Cobb-Hunter, Richardson, Jennings, Hayes, Merrill, Hinson, Delleney, G.M. Smith, Koon, Taylor, Martin, Bailey, McGee, Hamilton, J.R. Smith, Rhoad, Anthony, Freeman, Scarborough, J.E. Smith, Loftis, Coates, Rivers, Ott, J.H. Neal, Dantzler, Moody-Lawrence, Huggins, Limehouse, Tripp, Edge, Quinn, Wilkins, Clyburn, Kirsh, Neilson, Davenport, Gilham, Thompson, McLeod and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.

Ordered for consideration tomorrow.

Columbia, S.C., May 15, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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)
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

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

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 3673 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 20-7-776, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO FURTHER SPECIFY PROCEDURES FOR THESE HEARINGS; TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO SHOW COMPELLING REASONS FOR A PERMANENCY PLAN THAT DOES NOT REUNITE A CHILD WITH HIS PARENTS OR A RELATIVE AND DOES NOT TERMINATE PARENTAL RIGHTS AND TO REQUIRE THE COURT TO FIND COMPELLING REASONS FOR APPROVING SUCH A PLAN; AND TO FURTHER SPECIFY THE COURT'S AUTHORITY AND STANDARDS THAT MUST BE MET AFTER ADOPTION VIABILITY IS CONSIDERED, FOSTER CARE IS CONTINUED, AND TERMINATION OF PARENTAL RIGHTS IS NOT INITIATED; TO AMEND SECTION 20-7-768, RELATING TO STANDARDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO REQUIRE THE COURT TO FIND COMPELLING REASONS FOR NOT INITIATING TERMINATION OF PARENTAL RIGHTS UNDER CERTAIN CIRCUMSTANCES, RATHER THAN PRESUMING THAT SUCH CIRCUMSTANCES IN AND OF THEMSELVES ARE COMPELLING REASONS; AND TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINT REVIEWS OF FOSTER CARE LICENSE APPLICANTS, SO AS TO DELETE PROVISIONS AUTHORIZING THE DEPARTMENT TO ISSUE TEMPORARY LICENSES PENDING RECEIPT OF THE RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION REVIEW.

H. 3990 (Word version) -- Reps. Limehouse, Hagood, Breeland, Ceips, Hamilton, Harrell, Mack and Scarborough: A BILL TO AMEND ARTICLE 62, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARTIFICIAL REEF SPECIAL LICENSE PLATE, SO AS TO RENAME IT THE 'SALTWATER FISHING' SPECIAL LICENSE PLATE, AND PROVIDE THAT THE PORTION OF THE PROCEEDS COLLECTED FROM THE ISSUANCE OF THIS SPECIAL LICENSE PLATE THAT WAS USED TO SUPPORT ARTIFICIAL REEF DEVELOPMENT, MAINTENANCE, AND MANAGEMENT MUST BE USED TO MANAGE AND CONSERVE THE MARINE RESOURCES OF THIS STATE.

By prior motion of Senator RICHARDSON, with unanimous consent

H. 3926 (Word version) -- Reps. Limehouse, Howard, Sandifer, Koon, Harrell, Scarborough, J.E. Smith, Govan, Townsend, J.M. Neal, Cato, Rhoad, E.H. Pitts, Altman, Battle, Bingham, Bowers, Breeland, Chellis, Clark, Clemmons, Dantzler, Edge, Emory, Freeman, Gourdine, Hamilton, Harrison, Haskins, Herbkersman, J. Hines, Jennings, Leach, Littlejohn, Mahaffey, McLeod, Merrill, Miller, Moody-Lawrence, Owens, Parks, M.A. Pitts, Rice, Richardson, Rivers, Rutherford, Simrill, Skelton, D.C. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Talley, Toole, Tripp, Umphlett, Vaughn, Walker, Whitmire, Wilkins, Bales and Bailey: A BILL TO AMEND SECTION 59-149-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DURATION OF LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT A STUDENT RECEIVING A LIFE SCHOLARSHIP ON AND AFTER SEPTEMBER 11, 2001, WHO IS A MEMBER OF THE NATIONAL GUARD OR RESERVES AND WHO IS CALLED TO ACTIVE DUTY AFTER THIS DATE IN CONNECTION WITH THE CONFLICT IN IRAQ OR THE WAR ON TERRORISM SHALL HAVE ADDITIONAL SEMESTERS TO COMPLETE HIS ELIGIBILITY EQUAL TO THE SEMESTER HE WAS ACTIVATED PLUS ANY ADDITIONAL SEMESTERS OR PORTIONS OF SEMESTERS MISSED AS A RESULT OF THE ACTIVATION.

On motion of Senator MOORE, the Bill was carried over.

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

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

At 2:10 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed ten minutes.

At 5:58 P.M., the Senate resumed.

Senator RICHARDSON proposed the following Amendment No. 265 (11772AC02.DOC), which was tabled:

Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 2, after line 35 by inserting:

COLUMN 7   COLUMN 8

/

ESOL   15,000,000   15,000,000/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RICHARDSON explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Senators RICHARDSON, JACKSON, ANDERSON and GLOVER proposed the following Amendment No. 268 (3553DW03.DOC), which was tabled:

Amend the bill, 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:   1,173,740,766   1,173,740,766/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RICHARDSON explained the amendment.

Senator HUTTO argued in favor of the adoption of the amendment.

Senator McCONNELL argued contra to the adoption of the amendment.

With Senator McCONNELL retaining the floor, Senator GROOMS asked unanimous consent to make a motion to take up H. 3598 for immediate consideration.

Senator LAND objected.

Senator McCONNELL continued arguing contra to the adoption of the amendment.

At 6:58 P.M., Senator MARTIN assumed the Chair.

Senator McCONNELL continued arguing contra to the adoption of the amendment.

Senator LAND argued in favor of the adoption of the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator RICHARDSON spoke on the amendment.

Senator McCONNELL moved to lay the amendment on the table.

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

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

Anderson                  Drummond                  Elliott
Ford                      Glover                    Gregory
Holland                   Hutto                     Jackson
Land                      Leventis                  Malloy
Matthews                  McGill                    Moore
Patterson                 Pinckney                  Rankin
Reese                     Richardson                Setzler
Short

The amendment was laid on the table.

We have voted for Amendment No. 268 that increases funding for EFA by $210,000,000 for a base student cost of $2,000 in spite of the fact that it does not fund education at the level necessary to provide for the basic education of our children. A failure to provide an increase in EFA funding would result in the funding of EFA at the 1994-95 level which would result in a tax increase at the local level. We previously voted for an amendment that fully funded EFA and will continue to support any amendments that will increase EFA funding to a total of $329,000,000. At that specific level the base student cost will be funded at the required amount of $2,201.

We were forced to table this amendment that sought to raise spending for education by $210 million. We did so for three reasons. First, the amendment did not provide any funding mechanism that would raise $210 million. This would create a hole in the budget that would require substantial draconian acts to other areas of government, including law enforcement, health care, and corrections. Second, passing this unfunded mandate would jeopardize the homestead exemption that provides at least some relief for the hardworking families of South Carolina. Finally, we have to live within our means. We want to do as much as we can for education, but only so much as we can afford. Unfortunately, at this time we do not have the money to support this proposal, and we are unwilling to risk not providing the tax relief that we promised to the people of South Carolina and on which they depend.

Senators SETZLER and MOORE proposed the following Amendment No. 292 (3749B003.TLM.DOC), which was adopted (#23):

Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, line 15, by:

COLUMN 7   COLUMN 8

/   STRIKING:   12,967,859   12,967,859

and

INSERTING:   13,967,859   12,967,859/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator KNOTTS proposed the following Amendment No. 336 (DC SFAA SALARY FUNDING TO EFA-3.DOC), which was adopted (#24):

Amend the bill, 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:   963,743,544   963,740,766 /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator KNOTTS explained the amendment.

The amendment was adopted.

At 7:31 P.M., Senator McCONNELL assumed the Chair.

Senator HAWKINS raised a Point of Order that Proviso 73.3 of H. 3749 as contained in the version as passed by the House was out of order inasmuch as it was violative of Rule 24 in that it amends or suspends S. C. Code Sections 14-1-202(a), 11-7-25, 17-25-100, 22-3-800 and 14-25-75.

73.3.   (Law Enforcement Funding) (A) In addition to all other assessments and surcharges required to be imposed by law, 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 cited by issuance of a uniform traffic ticket. 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 shall allocate and transfer forty percent of these funds quarterly to the circuit solicitors in the manner hereinafter provided, twenty percent to the Department of Juvenile Justice for the Coastal Evaluation Center and for Assault Prevention, sixteen percent to the State Law Enforcement Division for its general purposes, sixteen percent to the Department of Corrections for its general purposes, four percent to the Attorney General's Office for its general purposes, and four percent to the Judicial Department for its general purposes. 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 any purpose necessary for the operation of the solicitors' offices. (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 ACTING PRESIDENT took the Point of Order under advisement, which was later sustained.

Senator LEATHERMAN moved that, when the Senate adjourns, it stand adjourned to meet at 10:00 A.M. tomorrow.

There was no objection and the motion was adopted.

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

At 7:39 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 10:00 A.M.

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