Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 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 St. Paul, II Thessalonians, Chapter 1:11 in "The Living Bible" (paraphrased):
"And so we keep on praying for you that our God will make you the kind of children He wants to have... and will make you as good and as wise as you wish you could be! ... rewarding your faith with His power."
Let us pray.
Father, you have blessed Your servants with varied and singular talents! You have called us both to have fellowship with You through faith and to serve our fellow human beings in love.
When the going of a Senator gets tough, leave us not destitute of the spirit of forbearance and patience!
Through tedious hours of group thinking, give us meekness of heart, gentleness of spirit, and a full measure of charity, that, at the end of the day, we may offer the best budget possible under the present economic conditions.
Amen!
At 10:11 A.M., on motion of Senator MARTIN, the Senate receded from business subject to the Call of the Chair.
At 10:20 A.M., the Senate resumed.
At 10:21 A.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Branton Cromer Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Ravenel Reese Richardson Ritchie Ryberg Setzler Short Smith, J. Verne Thomas Verdin Waldrep
A quorum being present, the Senate resumed.
Senator RANKIN recorded his presence subsequent to the Call of the Senate.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator SETZLER introduced Dr. William Ward of Cayce, S.C., Doctor of the Day.
At 10:07 A.M., Senator HUTTO requested a leave of absence beginning at 5:30 P.M. until 8:00 P.M. this evening.
At 10:07 A.M., Senator McGILL requested a leave of absence beginning at 9:00 P.M. this evening until 9:00 A.M. tomorrow.
At 10:08 A.M., Senator McGILL requested a leave of absence beginning at 11:00 A.M. on Saturday, May 24, 2003, until 9:00 A.M. on Monday, May 27, 2003.
At 10:08 A.M., Senator SHORT requested a leave of absence beginning at 4:00 P.M. on Thursday, May 22, 2003, until 10:00 A.M. on Tuesday, May 28, 2003.
At 10:10 A.M., on motion of Senator HUTTO, with unanimous consent, Senators WALDREP, HAWKINS, VERDIN, MALLOY, LEVENTIS and HUTTO were granted leave to attend a meeting on H. 3555, be counted in any quorum calls and be notified of any votes on H. 3749.
At 12:05 P.M., Senator JACKSON requested a leave of absence beginning at 6:00 P.M. today and lasting until Noon on Wednesday.
At 12:05 P.M., Senator RICHARDSON requested a leave of absence beginning at 7:00 P.M. tonight and lasting until 9:00 A.M. Wednesday.
At 12:05 P.M., Senator RICHARDSON requested a leave of absence beginning at 1:00 P.M. Thursday and lasting until Noon next Tuesday.
At 12:05 P.M., Senator RITCHIE requested a leave of absence beginning at 6:00 P.M. tonight and lasting until Noon Wednesday.
At 6:00 P.M., Senator PATTERSON requested a leave of absence beginning at 7:00 P.M. until the Senate convenes on Wednesday.
At 7:45 P.M., Senator RANKIN requested a leave of absence beginning at 1:00 A.M. Wednesday morning and lasting until 11:30 A.M. Thursday morning.
The following were introduced:
S. 706 (Word version) -- Senators Grooms, Mescher, Kuhn and Branton: A SENATE RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THE HONORABLE ELIZABETH S. HARPER OF MONCKS CORNER ON THE OCCASION OF HER RETIREMENT AS CHIEF ADMINISTRATIVE JUDGE OF BERKELEY COUNTY SUMMARY COURTS AND TO WISH FOR HER CONTINUED SUCCESS AND HAPPINESS IN ALL FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 707 (Word version) -- Senator Hutto: A SENATE RESOLUTION TO CONGRATULATE THE EDISTO HIGH SCHOOL "COUGARS" BOYS TRACK TEAM AND THEIR COACH, HERMAN JOHNSON, ON WINNING THE 2003 CLASS AA BOYS TRACK AND FIELD STATE CHAMPIONSHIP TITLE AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION THROUGHOUT THEIR SEASON.
l:\council\bills\dka\3559dw03.doc
The Senate Resolution was adopted.
S. 708 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO EXTEND WARMEST REGARDS AND HEARTFELT CONGRATULATIONS TO MRS. ETHEL ALFORD WHO TURNED NINETY YEARS OF AGE ON MARCH 29, 2003, AND WHO WILL BE HONORED ON THE OCCASION OF THE WILLIAMS FAMILY REUNION IN THE GREAT CITY OF BENNETTSVILLE, ON MAY 23-25, 2003, AND TO EXTEND TO HER CONGRATULATIONS AND GOOD WISHES FOR CONTINUED HAPPINESS AND GOOD HEALTH IN THE YEARS TO COME.
l:\council\bills\bbm\9852sl03.doc
The Concurrent Resolution was adopted, ordered sent to the House.
S. 342 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 41 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "SOUTH CAROLINA ELKS ASSOCIATION" SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
The House returned the Bill with amendments.
Senator RYBERG proposed the following amendment (SWB\5499CM03), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 2 through 20 and inserting:
/SECTION 2. Sections 2 through 20 of this bill may be cited as the Department of Motor Vehicles Reform Act of 2003.
SECTION 3. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-5. (A) The South Carolina Department of Motor Vehicles is hereby established as an administrative agency of the state government.
(B) Upon the signature of the Governor, all functions, powers, duties, responsibilities, and authority statutorily exercised by the Motor Vehicle Division and the Motor Carrier Services unit within the Department of Public Safety are transferred to and devolved upon the Department of Motor Vehicles.
(C) The Executive Director of the Department of Motor Vehicles shall be appointed by the Governor and confirmed by the Senate. The executive director shall serve at the pleasure of the Governor.
(D) The executive director is the executive and administrative head of the Department of Motor Vehicles. The executive director shall administer the policies defined by the department and the affairs of the department.
(E) The executive director may appoint assistants, deputies, and employees as the executive director considers necessary and proper to administer the affairs of the department and may prescribe their duties, powers, and functions.
(F) The Legislative Audit Council shall conduct an independent review of the Department of Motor Vehicles every three years."
SECTION 4. (A) The employees, funds, appropriations, assets, liabilities, bonded indebtedness, if applicable, real and personal property, contractual rights and obligations of the Motor Vehicle Division and the Motor Carrier Services unit of the Department of Public Safety are transferred to and become part of the Department of Motor Vehicles unless otherwise specially provided. All classified or unclassified personnel of the Motor Vehicle Division and the Motor Carrier Services unit, on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Motor Vehicles, with the same compensation, classification, and grade level, as applicable. All Motor Carrier Services unit systems and resources necessary for the full and proper administration of its current responsibilities including, but not limited to, the International Fuel Tax Agreement, International Registration Plan, Single State Registration System, Certificate of Compliance, and Performance Registration Information System Management are also transferred to the Department of Motor Vehicles. In addition all future Motor Carrier Services unit related responsibilities and functions shall be administered by the Department of Motor Vehicles. Where the functions of the Department of Public Safety and the divisions have been devolved on more than one department or division, the general support services of the Department of Public Safety must be transferred to the restructured Department of Public Safety and Department of Motor Vehicles. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall in consultation with the Department of Public Safety and the Department of Motor Vehicles prescribe the manner in which the transfer provided for in this section shall be accomplished.
(B) Employees or personnel transferred to the Department of Motor Vehicles pursuant to the terms of this act shall continue to occupy the same office locations and facilities which they now occupy unless or until otherwise changed by appropriate action and authorization. If the Department of Public Safety transfers office locations and facilities which it now occupies, then the employees or personnel transferred to the Department of Motor Vehicles shall transfer with the Department of Public Safety to the new locations and facilities unless or until otherwise changed by appropriate action and authorization. The rent and physical plan operating costs of the offices and facilities occupied by the employees and personnel transferred to the Department of Motor Vehicles shall continue to be paid by the Department of Public Safety until otherwise provided by the General Assembly. Any existing contracts or agreements entered into by the Department of Public Safety regarding office locations and facilities of employees or personnel transferred to the department of Motor Vehicles will continue in force and effect and will be binding upon the Department of Public Safety.
(C) The personnel records and files of the Department of Public Safety shall continue to remain the property of the Department of Public Safety, except that these personnel shall have complete access to these records and files in the performance of their duties as new employees of the Department of Motor Vehicles.
(D) Unless otherwise provided in this section or by law, all fines, fees, forfeitures, or revenues imposed or levied by the Motor Vehicle Division and the Motor Carrier Services unit of the Department of Public Safety transferred to the Department of Motor Vehicles must continue to be used and expended for those purposes provided before the effective date of this act. If a portion of these fines, fees, forfeitures, or revenues were required to be used for the support, benefit, or expense of personnel transferred, these funds must continue to be used for these purposes.
(E) The Budget and Control Board, in consultation with the appropriate standing committees of the General Assembly as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, shall provide the manner in which the provision of subsections (A), (B), (C), and (D) must be implemented where agreement between the Department of Public Safety and the Department of Motor Vehicles cannot be obtained.
(F) The Department of Transportation shall have access, in compliance with all state and federal privacy protection statutes, to the following data and reports maintained by the Department of Motor Vehicles or the Department of Public Safety, or both:
(1) collision data and collision reports;
(2) registration information used for toll enforcement; and
(3) driver records of employees or persons who have applied for employment with the Department of Transportation.
(G) The Department of Motor Vehicles must implement, in existing branch facilities to be determined by the department, Motor Carrier Services in six locations throughout the State. This shall be implemented six months following the Governor's signature.
The Department of Motor Vehicles will make every effort to begin the process of determining the feasibility of integrating its database with the Motor Carrier Services database.
An interagency coordinating council between the State Transport Police and the Motor Carrier Services is to be created to facilitate a smooth and efficient transition and ensure efficient information exchange. This council shall be made up of a representative the State Transport Police Division, Motor Carrier Services, South Carolina Department of Transportation, and a member of the motor carrier services industry.
The council must coordinate the deployment of a public/private electronic pre-clearance weight state bypass system, as approved by the South Carolina General Assembly in 2002.
As federally mandated, the Governor shall designate a lead agency to distribute federal Motor carrier safety grants and funds. As federally mandated, this lead agency shall design a plan each year to be submitted to the Federal Motor Carrier Safety Administration for the distribution of funds.
SECTION 5. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-15. (A) The Department of Motor Vehicles must enter into contracts with persons, corporations, or governmental subdivisions, including public schools, in localities throughout the State to administer the portion of the driver's license examination that tests the driver's license applicant's ability to read and understand highway signs that regulate, warn, and direct traffic, and his knowledge of the traffic laws of the State, and the actual demonstration of his ability to exercise ordinary and reasonable control in the operation of the type of motor vehicle for which the license is sought as contained in Section 56-1-130(A). The department must supervise the provision of services contained in this subsection. The department must supply driver education instructors appropriate testing materials to administer the examinations contained in this section. A person or corporation administering an examination pursuant to this section may charge a fee in excess of the fee charged by the department for the examination.
(B) The department must randomly test driver's license applicants who successfully complete the driver's license examinations pursuant to subsection (A) to ensure that the driver's license instructors are properly certifying that their students have successfully completed a driver's license examination.
(C) If through testing or other review procedures, the department determines that a contractor is not conforming to the law and regulations applicable to licensing, it may:
(1) suspend the authority of a particular individual or entity operating under the contract to administer the tests;
(2) suspend the contract;
(3) cancel the contract.
(D) The department must test randomly a driver's license applicant only at the time the applicant is seeking his initial driver's license at the Department of Motor Vehicles."
SECTION 6. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-125. (A) Upon receiving proper authority from the United States Government, a United States male citizen or immigrant who is less than twenty-six years of age must be registered for the United States Selective Service when applying to the Department of Motor Vehicles for the issuance, renewal, or a duplicate copy of:
(1) a driver's license;
(2) a commercial driver's license; or
(3) an identification card.
(B) The department shall forward in an electronic format the necessary personal information required for registration of individuals identified in this section to the Selective Service System.
(C) An individual's submission of an application contained in subsection (A) serves as an indication that the individual has registered with the Selective Service System or that he is authorizing the department to forward to the Selective Service System information necessary for his registration.
(D) The department shall inform the individual who is at least eighteen years of age and less than twenty-six years of age, on his application, that his submission of the application for a license or identification card serves as his consent to be registered with the Selective Service System, if required by federal law.
(E) The department shall inform the individual who is less than eighteen years of age, on his application, that his submission of the application for a license or identification card serves as his consent to be registered with the Selective Service System upon attaining eighteen years of age, if required by federal law. His application also must be signed by his parent or guardian. By signing the application, the parent or guardian authorizes the department to register the applicant with the Selective Service System upon attaining eighteen years of age, if required by federal law. The applicant, parent, or guardian may decline the Selective Service System registration. If the applicant, parent, or guardian declines the Selective Service System registration, the department may issue a license or identification card, but the applicant must renew the license or identification card upon attaining eighteen years of age.
(F) This section takes effect upon the department's receipt from the federal government of the funds necessary to implement this section."
SECTION 7. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-345. The Department of Motor Vehicles may charge and collect fees in accordance with Section 30-4-30 of the Freedom of Information Act for providing copies of registration, title, and driver's license information records maintained by the department."
SECTION 8. Section 1-30-90 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 1-30-90. The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities, as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Public Safety to be initially divided into divisions for Highway Patrol, State Police, and Training and Continuing Education, and Motor Vehicle.
(A) Law Enforcement Hall of Fame, formerly provided for at in Section 23-25-10, et seq.;
(B) State Highway Patrol, formerly provided for at in Section 23-5-10, et seq.;
(C) Public Service Commission Safety Enforcement, formerly provided at in Section 58-3-310;
(D) Law Enforcement Training Council, formerly provided for at in Section 23-23-30, et seq.;
(E) Public Safety Division, formerly of the Governor's Office;
(F) The vehicle inspection, administrative services, drivers records, and financial responsibility sections and other offices of the Division of Motor Vehicles, formerly provided for at Section 56-1-10, et seq.;
(G) The motor vehicle licensing, registration, and titling sections, formerly provided for at Section 1-30-95(B)."
SECTION 9. Section 23-6-20 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 23-6-20. (A) The Department of Public Safety is established as an administrative agency of state government which is comprised of a Motor Vehicle Division, a South Carolina Highway Patrol Division, a South Carolina State Police Division, and a Division of Training and Continuing Education.
(B) The functions, powers, duties, responsibilities, and authority statutorily exercised by the following offices, sections, departments, or divisions of the following state agencies as existing on the effective date of this act are transferred to and devolved on the department to include the South Carolina Highway Patrol, the Drivers Training Schools within the Department of Licensing of the Division of Motor Vehicles, the Driver Records Section within the Division of Motor Vehicles, the Financial Responsibility Section within the Division of Motor Vehicles, the Reciprocity Office of the Registration and Reciprocity Section within the Division of Motor Vehicles, the Administrative Services Section of the Division of Motor Vehicles, the Motor Vehicle Sections transferred to the Department of Revenue pursuant to Act 181 of 1993, and the Safety Office Section of the Division of Finance and Administration of the South Carolina Department of Highways and Public Transportation; the Safety Enforcement Officers of the Office of Enforcement within the Transportation Division of the South Carolina Public Service Commission, and the Governor's Office of Public Safety, together with all assets, liabilities, records, property, personnel, unexpended appropriations, and other funds shall be transferred to the control of the department. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act, or otherwise provided."
SECTION 10. Section 23-6-30 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 23-6-30. The department shall have the following duties and powers:
(1) carry out highway and other related safety programs;
(2) license suspensions and revocations, including related administrative hearings;
(3) title and register motor vehicles; license motor vehicle operator's; administer the collection of license, registration, titling and other fees; maintain an automated system for the storage and retrieval of all motor vehicle and motor vehicle operator records, including vehicle and registration and operator licensing, violations and accidents;
(4)engage in driver training and safety activities;
(5)(3) enforce the traffic, motor vehicle, commercial vehicle, and related laws;
(6)(4) enforce size, weight, and safety enforcement statutes relating to commercial motor vehicles;
(7)(5) operate a comprehensive law enforcement personnel training program;
(8)(6) promulgate such rules and regulations in accordance with the Administrative Procedures Act and Article 7 of this chapter for the administration and enforcement of the powers delegated to the department by law, which shall have the full force and effect of law;
(9)(7) operate such programs and disseminate information and material so as to continually improve highway safety;
(10)(8) receive and disburse funds and grants, including any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments, for the purpose of carrying out the programs and objectives of this chapter; and
(11)(9) do all other functions and responsibilities as required or provided for by law."
SECTION 11. Section 56-1-10(4) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"(4) 'Department' means the Department of Public Safety Motor Vehicles when the term refers to the duties, functions, and responsibilities of the former Motor Vehicle Division of the Department of Public Safety and means the Department of Public Safety otherwise and in Section 56-3-840."
SECTION 12. Section 56-1-140 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 56-1-140. Upon the payment of a fee of twelve dollars and fifty cents for a license that is valid for five years, or twenty-five dollars for a license that is valid for ten years, the department shall issue to every qualified applicant a driver's license as applied for by law. The license must bear on it a distinguishing number assigned to the licensee, the full name, date of birth, and residence address and a brief description and laminated colored photograph of the licensee, and a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee. The license authorizes the licensee to operate only those classifications of vehicles as indicated on the license."
SECTION 13. Section 56-1-210 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-1-210. (A) Every A license issued or renewed before October 1, 2003, expires on the licensee's birth date on the fifth calendar year after the calendar year in which it is issued. A license issued or renewed on or after October 1, 2003, expires on the licensee's birth date on the tenth calendar year in which it is issued. When a person who is sixty-five years of age or older renews his license, the license shall expire five years from the date it was issued.
(B) Every A license is renewable on or before its expiration date upon application and the payment of the required fee. The department shall require a vision test of the applicant. The vision examination may be waived upon the submission of a certificate from a person authorized by law to examine eyes.
(C) The department may renew a driver's license of a resident by mail or electronically upon payment of the required fee, if the renewal is a digitized license.
(D) No A license may not be renewed until the licensee is reexamined as provided in Section 56-1-130, except that the licensee is not required to take the road test provided in Section 56-1-130; provided, further, that only the visual examination vision screening is required of those persons who have no more than five points for moving traffic violations in the two years prior to making application for renewal. For cause shown, the department may require the submission by the applicant of evidence satisfactory to the department of the applicant's mental and physical fitness to drive and his knowledge of traffic laws and regulations. If the evidence is not satisfactory to the department, the department may require an examination of the applicant as upon an original application. Parallel parking is not required as a part of the driver test.
(E) If a person's license expires and he is unable to renew it before its expiration date because he is on active military duty outside this State for a continuous period of at least thirty days immediately before the expiration date or because he is the spouse or dependent living for a continuous period of at least thirty days immediately before the expiration date with a person on active military duty outside this State, within sixty days after returning to this State, the person may renew his license in the manner permitted by this section as though the license had not expired. The department may require proof from the person that he qualifies for renewal of his license under this paragraph. Upon request, the person shall provide the department with a copy of his military service record, a document of his branch of military service showing the date of active military duty outside the State, or other evidence presented by the person showing the dates of service."
SECTION 14. Section 56-1-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-220. (a)(A) Eye examinations shall be Vision screenings are required for all persons prior to before having their licenses renewed by the department. Such examinations may be made by any person authorized by law in this State to examine eyes or by designated personnel of the department. The vision screening may be waived upon the submission of a certificate of vision examination dated within the previous twelve months from an ophthalmologist or optometrist licensed in this State.
(B) During the fifth year of a ten-year license, the licensee must submit by mail to the department a certificate from an ophthalmologist or optometrist licensed in this State or appear in person at a department office to complete a vision screening. If a licensee fails to submit a certificate or fails to appear in person, the licensee must be fined fifty dollars. The department shall waive the fine if the person completes the requirements of this section within ninety days after the end of the fifth year of a ten-year license. This fine must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses incurred by this section. Interest accrued by this account must remain in this account.
(C) A vision screening will not be required before October 1, 2008, if a licensee is less than sixty-five years of age, his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, and his license is renewed for an additional five years by mail or electronically. If a licensee is sixty-five years of age or older and his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, then he may renew his license by mail for an additional five years upon submission of a certificate of vision examination from an ophthalmologist or optometrist licensed in this State.
(b)(D) The renewal license forms distributed by the department shall must be designed so as to contain a certification that the vision of the person examined screened meets the minimum standards required by the department or have been corrected to meet such these requirements. Such The certification shall must be executed by the person conducting the examination screening. Provided, that The minimum standards of the department shall not require a greater degree of vision than 20/40 corrected in one eye.
(c)(E) Any A person whose vision is corrected to meet such the minimum standards shall have such the correction noted on his driver's license by the department.
(d)(F) It shall be is unlawful for any a person whose vision requires correction in order to meet the minimum standards of the department to drive a motor vehicle in this State without the use of such the correction.
(e)(G) Unless otherwise provided in this section, any person violating the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or imprisoned for not more than thirty days."
SECTION 15. Section 56-2-2740 of the 1976 Code, as last amended by Act 40 of 1997, is further amended to read:
"Section 56-2-2740. (A) The department Department of Motor Vehicles must refuse to renew the driver's license and motor vehicle registration of a person who has not paid personal property taxes within the time limits prescribed in this chapter. A county treasurer or municipal clerk treasurer must forward notification to the department of persons violating the provisions of this chapter. Notification of individuals violating this chapter must be forwarded to the department in the time and manner determined by the department for the proper administration of this section.
(B) The Department of Public Safety department shall issue biennial license plates and revalidation decals. The department must enter into contracts with persons, corporations, or governmental subdivisions to issue license plates and revalidation decals. The department, person, corporation, or governmental subdivision shall give a motor vehicle owner a license plate or revalidation decal for the tax year to for which personal property taxes and biennial fees have been paid pursuant to Section 56-3-253.
(C) All validation decals must be issued for a period not to exceed twelve months.
(D) A person or corporation that issues license plates or revalidation decals pursuant to this section may charge a fee in excess of the fee charged by the department.
(E) A governmental subdivision that issues license plates or revalidation decals pursuant to this section may charge a one dollar fee to defray the expenses associated with the issuance of license plates and revalidation decals.
(F) The department shall supervise the provision of services contained in this section."
SECTION 16. Section 56-19-420 of the 1976 Code, as amended by Act 349 of 2002, is further amended to read:
"Section 56-19-420. (A) The department shall charge ten fifteen dollars for:
(1) the issuance of a certificate of title;
(2) the transfer of a certificate of title; or
(3) the issuance of a duplicate certificate of title.
(B) Five dollars of the fee contained in this section must be placed in a special earmarked account by the Comptroller General and must be distributed in the following manner:
(1) the first one million dollars must be allocated to the Department of Education and used to support adult education programs; and
(2) the remainder must be allocated to the Department of Public Safety and used to support highway patrol programs.
(C) An additional five dollars of the fee contained in this section must be placed in a special earmarked account by the Comptroller General and must be distributed to the Department of Motor Vehicles and used to defray its operational expenses."
SECTION 17. Section 23-6-35 and Article 7, Chapter 6, Title 23 of the 1976 Code are repealed.
SECTION 18. Wherever the terms Motor Vehicle Division, Motor Vehicles Division, Division of Motor Vehicle, or Division of Motor Vehicles appear in the 1976 Code, they shall mean the Department of Motor Vehicles, when the term refers to the duties, functions, and responsibilities of the former Motor Vehicle Division of the Department of Public Safety and the Code Commissioner is directed to change these references at a time and in a manner that is timely and cost effective. Whenever the term Department of Public Safety appears in the 1976 Code, it shall mean the Department of Motor Vehicles when the term refers to the duties, functions, and responsibilities of the former Motor Vehicle Division of the Department of Public Safety and means Department of Public Safety otherwise and in Section 56-3-840 and the Code Commissioner is directed to change these references at a time and in a manner that is timely and cost effective.
SECTION 19. It is unlawful for a person to disclose any confidential information which belongs to the Department of Public Safety Motor Vehicle Division to an individual or entity that is not permitted to have access to the information during or after the transfer of the confidential information from the Motor Vehicle Division to the Department of Motor Vehicles. A person who violates a provision contained in this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year and fined not less than one thousand dollars.
SECTION 20. Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-215. Notwithstanding any other provision of law, if a person's license expires, the person may have his license renewed without taking the road test or a written examination required pursuant to Section 56-1-130 if the person applies for his license renewal within nine months of the expiration of his license."
SECTION 21. Section 29-5-10(a) of the 1976 Code is amended to read:
"(a) A person to whom a debt is due for labor performed or furnished or for materials furnished and actually used in the erection, alteration, or repair of a building or structure upon real estate or the boring and equipping of wells, by virtue of an agreement with, or by consent of, the owner of the building or structure, or a person having authority from, or rightfully acting for, the owner in procuring or furnishing the labor or materials shall have a lien upon the building or structure and upon the interest of the owner of the building or structure in the lot of land upon which it is situated to secure the payment of the debt due to him. The costs which may arise in enforcing or defending against the lien under this chapter, including a reasonable attorney's fee, may be recovered by the prevailing party. The fee must be determined by the court in which the action is brought but the fee and the court costs may not exceed the amount of the lien. As used in this section, labor performed or furnished in the erection, alteration, or repair of any building or structure upon any real estate includes the preparation of plans, specifications, and design drawings and the work of making the real estate suitable as a site for the building or structure. The work is considered to include, but not be limited to, the grading, bulldozing, leveling, excavating, and filling of land (including the furnishing of fill soil), the grading and paving of curbs and sidewalks and all asphalt paving, the construction of ditches and other drainage facilities, and the laying of pipes and conduits for water, gas, electric, sewage, and drainage purposes, and the disposal of any construction and demolition debris, as defined in Section 44-96-40(6), including final disposal by a construction and demolition landfill. Any private security guard services provided by any person at the site of the building or structure during its erection, alteration, or repair is considered to be labor performed or furnished within the meaning of this section. As used in this section, materials furnished and actually used include tools, appliances, machinery, or equipment supplied for use on the building or structure to the extent of their reasonable rental value during their actual use. 'Person' as used in this section means any individual, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or other entity. For purposes of this section, the term 'materials' includes flooring, floor coverings, and wall coverings."
SECTION 22. The 1976 Code is amended by adding:
"Section 29-5-27. Any person providing construction and demolition debris disposal services, as defined in Section 44-96-40(6), including, but not limited to, final disposal services provided by a construction and demolition landfill, is a laborer within the meaning of Sections 29-5-20 and 29-5-40. 'Person' as used in this section means any individual, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or another entity."
SECTION 23. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 24. 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 portion, 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 25. SECTIONS 5 and 15 of this act take effect at least sixty days after approval by the Governor. All other SECTIONS take effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House with amendments.
S. 555 (Word version) -- Senators Martin, Anderson, McConnell, Waldrep, Alexander, Leventis, Ravenel and Thomas: A BILL TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO JURISDICTION OF THE GRAND JURY, SO AS TO ADD CRIMES INVOLVING ANY VIOLATION OF CHAPTER 1, TITLE 35 OF THE UNIFORM SECURITIES ACT, OR ANY CRIME RELATED TO SECURITIES FRAUD OR A VIOLATION OF THE SECURITIES LAWS, AND TO AMEND SECTION 35-1-1500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS JOINTLY AND SEVERALLY LIABLE WITH SELLER AND THEIR CONTRIBUTION, SO AS TO PROVIDE THAT EVERY PERSON WHO KNOWINGLY AND SUBSTANTIALLY ASSISTS A SELLER OR OTHER PERSON WHO ENGAGES IN FRAUDULENT ACTS IN VIOLATION OF THE SOUTH CAROLINA SECURITIES ACT WILL BE JOINTLY AND SEVERALLY LIABLE TO THE SAME EXTENT AS THE ASSISTED PERSON WHO ENGAGED IN THE FRAUDULENT ACTIVITY; AND TO AMEND SECTION 35-1-1530, AS AMENDED, RELATING TO LIMITATIONS OF ACTIONS AND THE EFFECT OF OFFER TO REFUND CONSIDERATION WITH INTEREST, SO AS TO REQUIRE THAT IN CASES INVOLVING DECEPTION TO INVESTORS THE LIMITATIONS PERIOD IS EXTENDED TO THREE YEARS AFTER DISCOVERY OF THE UNTRUE STATEMENT OR OMISSION, OR AFTER THE DISCOVERY SHOULD HAVE BEEN MADE BY REASONABLE DILIGENCE.
The House returned the Bill with amendments.
Senator MARTIN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator MARTIN proposed the following amendment (JUD0555.006), which was adopted:
Amend the bill, as and if amended, page 4, beginning on line 10, by striking SECTIONS 2 and 3 in their entirety and inserting therein the following:
/ SECTION 2. Section 35-1-220 of the 1976 Code, as amended by Act 419 of 1998, is further amended to read:
"Section 35-1-220. (A) The Attorney General may retain the first one million five hundred thousand dollars from fee revenues collected pursuant to this chapter to be used for the operations of the Securities Division. The Attorney General is authorized to transfer to the South Carolina Law Enforcement Division two hundred thousand dollars after retaining the first one million five hundred thousand dollars collected pursuant to this chapter to be retained, expended, and carried forward for the provision of investigators for the State Grand Jury. The funds transferred to the State Law Enforcement Division must be used only for purposes of the State Grand Jury, and may not be transferred to any other program or used for any other purpose.
(B) The Attorney General may retain the first two hundred fifty thousand dollars received by the Division of Securities in a fiscal year in settlement of litigation enforcement action and reimbursements of expenses arising from violations under this chapter to offset investigative, prosecutive prosecutorial, and administrative costs of enforcing this chapter."
SECTION 3. Section 35-1-430 of the 1976 Code, as amended by Act 134 of 1997, is further amended to read:
"Section 35-1-430. Every broker-dealer, and broker-dealer agent investment advisor registration, and every federally-covered advisor notice filing, expires at midnight on the last day of the calendar year in which it became effective unless renewed. Every investment adviser registration and federal covered adviser notice filing expires two years from its effective date unless renewed and, unless Unless renewed prior to expiration, every broker-dealer agent and investment adviser representative registration expires at the same time the registration or notice filing of the associated broker-dealer, investment adviser, or federal covered federally-covered adviser would expire if not renewed."
SECTION 4. Section 35-1-480 of the 1976 Code, as amended by Act 134 of 1997, is further amended to read:
"Section 35-1-480. (A) Every applicant for initial or renewal registration as a broker-dealer, broker-dealer agent, investment adviser, or investment adviser representative shall must pass one or more examinations, pay a registration fee, and meet other requirements as required by the securities commissioner.
(B) Except with respect to federal covered federally-covered advisers whose only clients are those described in Section 35-1-420(1)(a), a federal covered federally-covered adviser shall must file with the commissioner, prior to acting as a federal covered federally-covered adviser in this State, such documents filed with the Securities and Exchange Commission or such other notice filing document, as the commissioner may by rule or otherwise require, together with such the notice fee and consent to service of process as the commissioner, by rule or otherwise, may require requires. The notice filing provisions under this subsection shall expire as provided in Section 35-1-430.
(C) The following filing fees shall remain in effect for all initial, renewal, and notice filings described in subsections (A) and (B) of this section unless and until the securities commissioner promulgates a rule or order establishing different fees:
(1) broker-dealer: three hundred ten dollars;
(2) agent: one hundred ten dollars;
(3) investment adviser and federal covered federally-covered adviser: four two hundred ten dollars;
(4) investment adviser representative: one hundred fifty-five dollars.
(D) When an application is denied or withdrawn, the filing fee must not be refunded."
SECTION 5. Section 35-1-1100 of the 1976 Code, as amended by Act 134 of 1997, is further amended to read:
"Section 35-1-1100. (a) The securities commissioner, by rule or order, may require the filing of any or all of the following documents with respect to a federal covered federally-covered security under Section 18(b)(2) of the Securities Act of 1933:
(1) Prior to the initial offer of such federal covered the federally-covered security in this State, all documents that are part of a current federal registration statement filed with the United States Securities and Exchange Commission under the Securities Act of 1933 or a notice form adopted by the securities commissioner in lieu thereof, together with a consent to service of process signed by the issuer and a notice filing fee of five hundred forty-six dollars.
(2) After the initial offer of such federal covered the federally-covered security in this State, all documents that are part of an amendment to a current federal registration statement filed with the United States Securities and Exchange Commission under the Securities Act of 1933, or a notice form adopted by the securities commissioner in lieu thereof which shall must be filed concurrently with the securities commissioner.
(3) All notice filings for federal covered federally-covered securities are effective upon receipt by the commission, unless another date is requested by the issuer. These filings are effective for twelve months. If securities are to be offered beyond this twelve-month period, the issuer must file an annual notice filing consisting of any documents that the securities commissioner, by rule or otherwise, may require requires and a fee of five hundred forty-six dollars. The renewal notice filing shall be is effective upon the expiration of the prior filing period.
(4) Amendments to a notice filing are effective upon receipt by the securities commissioner. Termination of a notice filing is effective upon receipt by the securities commissioner of notice of the termination.
(b) With respect to any security that is a federal covered federally-covered security under Section 18(b)(4)(D) of the Securities Act of 1933, the securities commissioner, by rule or order, may require the issuer to file a notice on SEC Form D and a consent to service of process signed by the issuer no later than fifteen (15) days after the first sale of such federal covered the federally-covered security in this State, together with a fee of three hundred dollars.
(c) The securities commissioner, by rule or order, may require the filing of any document filed with the United States Securities and Exchange Commission under the Securities Act of 1933 with respect to a federal covered federally-covered security under Section 18(b)(3) or (4) of the Securities Act of 1933, together with a filing fee of twenty-five dollars.
(d) The securities commissioner may issue a stop order suspending the offer and sale of a federal covered federally-covered security, except a federal covered federally-covered security under Section 18(b)(1) of the Securities Act of 1933, if he finds that: (1) the order is in the public interest, and (2) there is a failure to comply with any condition established under this section.
(e) The securities commissioner, by rule or order, may modify, change, or waive any or all of the provisions of this section."
SECTION 6. Section 35-1-1530 of the 1976 Code, as amended by Act 134 of 1997, is further amended to read:
"Section 35-1-1530. No person may sue under Sections Section 35-1-1490 and or 35-1-1500 more than three years after the contract of sale, except that in cases involving deception of an investor, the limitations period is extended to three years after discovery of the untrue statement or omission or after the discovery should have been made by exercise of reasonable diligence. No person may sue under either section (a) if the buyer received:
(a) a written offer, before suit and at a time when he owned the security, to refund the consideration paid together with interest at six percent per year from the date of payment, less the amount of any income received on the security, and he failed to accept the offer within thirty days of its receipt; or
(b) if the buyer received such an the offer before suit and at a time when he did not own the security, unless he rejected the offer in writing within thirty days of its receipt."
SECTION 7. The Office of the Attorney General is hereby authorized to collect the following security fees which shall remain in effect for all initial, renewal, and notice filings described in subsections (A) and (B) of Section 35-1-480 unless and until the securities commissioner promulgates a rule or order establishing different fees:
(1) Broker-dealer: three hundred ten dollars annually;
(2) Broker-dealer agent: one hundred ten dollars annually;
(3) Investment advisors and federal covered federally-covered advisors: two hundred ten dollars annually;
(4) Investment advisor representatives: fifty-five dollars annually;
(5) Federal covered Federally-covered securities (Mutual Funds): five hundred forty-six dollars annually.
The Office of the Attorney General is hereby authorized to collect, retain, expend, and carry forward one million five hundred thousand dollars from fee revenues collected pursuant to Section 35 to be used for the operations of the Securities Division. The Attorney General is authorized to transfer to the South Carolina Law Enforcement Division two hundred thousand dollars after retaining the first one million five hundred thousand dollars collected from security fees to be retained, expended, and carried forward for the provision of investigators for the State Grand Jury. The funds transferred to the State Law Enforcement Division must be used only for purposes of the State Grand Jury, and must not be transferred to any other program or used for any other purpose.
SECTION 8. This act takes effect upon approval of 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 was ordered returned to the House with amendments.
S. 36 (Word version) -- Senators Knotts, Moore, J. Verne Smith, Elliott, Ravenel, Reese, Short, Setzler and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO TITLE 47 SO AS TO PROVIDE FOR THE PROTECTION OF GUIDE DOGS AND SERVICE ANIMALS AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 43-33-20, RELATING TO RIGHTS OF BLIND AND OTHER PHYSICALLY DISABLED PERSONS TO USE PUBLIC FACILITIES, SO AS TO PROVIDE A CROSS REFERENCE TO ARTICLE 15 OF TITLE 47 IN SECTION 43-33-20 PERTAINING TO THE RIGHTS OF PHYSICALLY DISABLED PERSONS.
The House returned the Bill with amendments.
On motion of Senator KNOTTS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 51 (Word version) -- Senators Elliott and Ravenel: A BILL TO AMEND SECTIONS 1-31-10 AND 1-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS, SO AS TO ADD TWO STATEWIDE APPOINTEES TO THE COMMISSION, DELETE OBSOLETE LANGUAGE, AND INCLUDE AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, ASIANS, AND OTHERS WITHIN THE MINORITY COMMUNITY, AND TO FURTHER PRESCRIBE CERTAIN POWERS AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS, RELATING TO RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, TO ESTABLISH CERTAIN ADVISORY COMMITTEES, AND TO SEEK FUNDING FOR IMPLEMENTING PROGRAMS AND SERVICES FOR AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, ASIANS, AND OTHER MINORITY GROUPS, AND TO PROVIDE THAT THE ADDITIONAL DUTIES ASSIGNED TO THE COMMISSION ARE CONTINGENT UPON FUNDING.
Senator GROOMS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
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.
Senator PEELER explained the Bill.
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.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Medical Affairs Committee proposed the following amendment (NBD\11742AC03), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 6, Title 44 of the 1976 Code is amended by adding:
The South Carolina Retirees and Individuals
Pooling Together for Savings Act
Section 44-6-610. This article may be cited as the 'South Carolina Retirees and Individuals Pooling for Savings Act'.
Section 44-6-620. For purposes of this article:
(1) 'Department' means the Department of Health and Human Services.
(2) 'Prescription drugs' means outpatient prescription drugs that have been approved as safe and effective by the United States Food and Drug Administration including insulin syringes, insulin needles, and insulin. 'Prescription drugs' do not include experimental drugs and over-the-counter pharmaceutical products.
(3) 'Program' means the South Carolina Retirees and Individuals Polling Together for Savings (SCRIPTS) program created pursuant to this article.
Section 44-6-630. There is created within the Department of Health and Human Services the South Carolina Retirees and Individuals Pooling Together for Savings (SCRIPTS) program. The program must combine the purchasing power of all South Carolina citizens sixty-five years of age and older who enroll in the program to reduce their prescription drug costs. Where possible, without violation of federal law, the department shall combine negotiating power for the program with negotiating power for pharmaceutical pricing and rebates which may exist now or in the future.
Section 44-6-640. (A) This program must be administered by the Department of Health and Human Services. The department may designate, or enter into contracts with, other entities including, but not limited to, other states, other governmental purchasing pools, and nonprofit organizations to assist in the administration of this program.
(B) By December 30, 2003, the department must submit a program implementation and administration plan for review by the State Budget and Control Board. The plan must include:
(1) procedures for program enrollment;
(2) requirements for program participation; and
(3) annual program enrollment fees that must be calculated to pay all additional costs incurred by the department in the administration of the program.
(C) Upon review of the State Budget and Control Board, the program may be implemented as soon as practicable.
(D) When requested by the department, other state agencies shall provide assistance or information necessary for the administration of this program.
Section 44-6-650. A person eligible to participate in this program must:
(1) have attained the age of sixty-five years;
(2) have resided in South Carolina at least six consecutive months before enrolling in the program; and
(3) not be eligible for Medicaid prescription benefits.
Section 44-6-660. (A) The department shall maintain data to allow evaluation of the cost effectiveness of the program.
(B) Beginning with the 2005 regular session of the General Assembly, no later than thirty days before the convening of each regular session, the department shall submit an annual report to the Governor, the Chairman of the House Ways and Means Committee, and the Chairman of the Senate Finance Committee summarizing enrollment, financial information, and any other information needed to evaluate the costs and benefits of the program.
Section 44-6-670. (A) The department may seek waivers of any federal laws, regulations, or rules necessary to implement this program.
(B) The department may promulgate regulations necessary for the administration of this program.
Section 44-6-680. The program must be funded entirely from annual enrollment fees collected from program participants."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator ELLIOTT explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
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.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HUTTO proposed the following amendment (NBD\11759AC03), which was adopted:
Amend the bill, as and if amended, Section 59-149-60(B), page 1, line 39 after /terrorism/ by inserting /, or any military mobilization,/.
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator HUTTO proposed the following amendment (GGS\22193HTC03), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Chapter 75, Title 2 of the 1976 Code, is amended by adding:
"Section 2-75-90. (A) Notwithstanding the provisions of Sections 2-75-05(B)(4) and (6) and 2-75-50 of the 1976 Code, to meet the endowed professorships matching requirement of those provisions, a research university may use funds specifically provided for use in the areas provided for in subsection (B) that are derived from private, federal, municipal, county, or local government sources, excluding state appropriations to the institution, tuition, or fees. Subject to the restrictions in subsection (B), only federal dollars received after July 1, 2003, may be used to meet the endowed professorships matching requirement.
(B) The matching funds in subsection (A) may be used only in the areas of Engineering, Nanotechnology, Biomedical Sciences, Energy Sciences, Environmental Sciences, Information and Management Sciences, and for other sciences and research that create well-paying jobs and enhanced economic opportunities for the people of South Carolina and that are approved by the Research Centers of Excellence Review Board." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator HUTTO proposed the following amendment (BBM\9833SL03), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Chapter 101, Title 59 of the 1976 Code, is amended by adding:
"Section 59-101-420. Notwithstanding another provision of law, a lease for antenna and tower operations within an institution of higher learning campus must conform to the present and future master plans for the property, as determined solely by the institution of higher learning." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over, as amended.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO H. 3749, THE GENERAL APPROPRIATION BILL.
H. 3749 -- GENERAL APPROPRIATION BILL
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
The PRESIDENT took up the Point of Order raised by Senator SHORT that Proviso 13.27 as contained in H. 3749 as passed by the House was out of order inasmuch as it was violative of Rule 24.
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 director is authorized to realign appropriated funds within the agency to accomplish the purposes of this new program.
The ICSP shall be comprised of the following entities: 1) Continuum of Care, 2) Case Resolution System, 3) Managed Treatment Services, 4) the Interagency System of Caring for Emotionally Disturbed Children, and other offices as designated by the director. The state office must centrally administer programs provided under the current Continuum of Care Division and Managed Treatment Services Division.
There is also created within the Department of Social Services the "Integrated Children's Services Program Board" for the purpose of facilitating, monitoring, and evaluating the delivery of services to children by these designated entities. The board shall be comprised of the following members: 1) one appointed by the Chairman of the House Ways and Means Committee; 2) one appointed by the Chairman of the Senate Finance Committee; 3) one appointed by the Speaker of the House; 4) one appointed by the President Pro Tempore of the Senate; and 5) one appointed by the Governor. The State Director of the Department of Social Services shall also serve as a member and shall serve as Chairman. In addition, the board shall annually elect, by majority vote, two additional members to the board to represent non-state entities or organizations that serve or advocate for children. The department shall provide staff support to this board and members shall serve without pay. The duties and responsibilities of the Children's Case Resolution System are devolved upon the ICSP Board.
The board shall emphasize the placement of agency resources in the field and to focus on in-home services for children. When services are being provided to emotionally disturbed children, the Interagency System of Caring for Emotionally Disturbed Children guidelines must be followed. Programs for emotionally disturbed children must be centrally administered by the state.
The duties and responsibilities include, but are not limited to the following: 1)The board shall have final authority to mandate necessary coordination of care and cost sharing by state agencies providing services to children with special needs subject to the restrictions based upon substantial impact of funding set forth in Section 20-7-5245. The board shall submit the plan for coordination of care and cost sharing by state agencies to the State Budget and Control Board for review prior to implementation of the plan. 2) No children considered for placement in a substitute care setting outside South Carolina may be placed out-of-state without approval of the board after compliance with the requirements of Section 20-7-5245. Every year the board shall provide to the General Assembly and Governor a report outlining programmatic outcomes for children's services and fiscal data for each child-serving agency. This report shall be prepared by an independent professional who participates in the design of data collection. The report shall include an evaluation of the current system of children's services in South Carolina, and identification of any breaks in the delivery of service to children, either because of restrictions by law or substantial lack of services or funding. The report shall make recommendations to the General Assembly for changes in state laws, regulations, procedures, protocols or funding to ensure appropriate, efficient services for children with special needs.
The PRESIDENT sustained the Point of Order
Proviso 13.27 was ruled out of order.
The PRESIDENT took up the Point of Order raised by Senator SHORT that Proviso 13.28 as contained in H. 3749 as passed by the House was out of order inasmuch as it was violative of Rule 24.
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 September 1, 2003. The amount to be transferred must be $2,458,618 in total funds and $55,204 in general funds. 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 was ruled out of order.
The PRESIDENT took up the Point of Order raised by Senator SHORT that Proviso 8.17 as contained in H. 3749 as passed by the House was out of order inasmuch as it was violative of Rule 24.
8.17. (DHHS: Division on Aging Transfer) Notwithstanding any other provision of law, the duties, functions and responsibilities of the Division on Aging in the Office of the Governor are transferred to the Department of Health and Human 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 overruled the Point of Order.
Senator McCONNELL raised a Point of Order that Proviso 57.1 in H. 3749 as contained in the House passed version was out of order inasmuch as it was violative of Rule 24.
57.1. (LTG: Personnel Administration Exemption) The staff of the Lieutenant Governor's Office shall be exempt from the provisions of Article 3, Chapter 11, Title 8 of the 1976 Code of Laws, as amended. In addition, the staff of the Lieutenant Governor's Office shall be exempt from the provisions of Article 5, Chapter 17, Title 8 of the 1976 Code of Laws, as amended.
The PRESIDENT sustained the Point of Order.
Proviso 57.1 was ruled out of order.
Senator McCONNELL raised a Point of Order that Proviso 5A.27 in H. 3749 as contained in the House passed version was out of order inasmuch as it was violative of Rule 24.
5A.27. (CHE: Research Universities Matching Resources) Notwithstanding the provisions of Sections 2-75-05(B)(4) and (6) and 2-75-50 of the 1976 Code, to meet the endowed professorships matching requirement of those provisions, a research university may use funds from any source except state appropriations to the institution derived from taxes or fees imposed or authorized to be imposed by the General Assembly, or any other state appropriations derived from taxes or fees imposed or authorized to be imposed by the General Assembly.
The PRESIDENT sustained the Point of Order.
Proviso 5A.27 was ruled out of order.
Senator RICHARDSON proposed the following Amendment No. 280 (9844SL03.DOC), which was withdrawn:
Amend the bill as and if amended Part IA, Section 5A, COMMISSION ON HIGHER EDUCATION, page 30, after line 33 by:
/Inserting COLUMN 7 COLUMN 8
SC Higher Education
Equalization Program
(Traditional Black College
Match) 5,000,000 5,000,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RICHARDSON explained the amendment.
Senator McCONNELL spoke on the amendment.
On motion of Senator RICHARDSON, with unanimous consent, the amendment was withdrawn.
Senator KNOTTS proposed the following Amendment No. 239 (DC SFAA JEDA FUNDING TO EFA.DOC), which was adopted (#25):
Amend the bill, 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 /
Renumber sections to conform.
Amend sections, totals and title to conform.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 352 (AMB REIMBURSE2.PPL.DOC), which was adopted (#26):
Amend the bill, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 85, line 10, by:
COLUMN 7 COLUMN 8
/ STRIKING: 63,226,359 15,778,440 and
INSERTING: 65,893,026 16,578,440/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEVENTIS explained the amendment.
Senator LEATHERMAN spoke on the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 241 (DAD-SR-LTGOVHV.DOC), which was tabled:
Amend the bill, as and if amended, Part IA, Section 57, LIEUTENANT GOVERNOR'S OFFICE, page 276, line 7, by:
COLUMN 7 COLUMN 8
/ STRIKING: 191,032 191,032
and
INSERTING: 142,078 142,078/
Amend the bill further, as and if amended, Part IA, Section 57, LIEUTENANT GOVERNOR'S OFFICE, page 276, line 12, by:
COLUMN 7 COLUMN 8
/ STRIKING: 25,783 25,783
and
INSERTING: 15,783 15,783/
Amend the bill further, as and if amended, Part IA, Section 57, LIEUTENANT GOVERNOR'S OFFICE, page 276, line 19, by:
COLUMN 7 COLUMN 8
/ STRIKING: 70,136 70,136
and
INSERTING: 52,736 52,736/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEVENTIS 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.
Senator LEVENTIS proposed the following Amendment No. 242 (DAD-SR-LTGOV-LASTYRBASE.DOC), which was tabled:
Amend the bill, as and if amended, Part IA, Section 57, LIEUTENANT GOVERNOR'S OFFICE, page 276, line 7, by:
COLUMN 7 COLUMN 8
/ STRIKING: 191,032 191,032
and
INSERTING: 181,032 181,032/
Amend the bill further, as and if amended, Part IA, Section 57, LIEUTENANT GOVERNOR'S OFFICE, page 276, line 19, by:
COLUMN 7 COLUMN 8
/ STRIKING: 70,136 70,136
and
INSERTING: 67,327 67,327/
Renumber sections to conform.
Amend sections, totals and title to conform.
The amendment was laid on the table.
Senator LEVENTIS proposed the following Amendment No. 243 (BEHSR-LTGOV01.DOC), which was tabled:
Amend the bill further, as and if amended, Part IA, Section 57, Lieutenant Governor's Office, page 276, line 7, by:
COLUMN 7 COLUMN 8
/ STRIKING: 191,032 191,032
and
INSERTING: 152,078 152,078/
Amend the bill further, as and if amended, Part IA, Section 57, LIEUTENANT GOVERNOR'S OFFICE, page 276, line 19 by:
COLUMN 7 COLUMN 8
/ STRIKING: 70,136 70,136
and
INSERTING: 54,536 54,536/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LEVENTIS proposed the following Amendment No. 244 (BEHSR-LTGOV02.DOC), which was tabled:
Amend the bill further, as and if amended, Part IA, Section 57, Lieutenant Governor's Office, page 276, line 7, by:
COLUMN 7 COLUMN 8
/ STRIKING: 191,032 191,032
and
INSERTING: 162,078 162,078/
Amend the bill further, as and if amended, Part IA, Section 57, LIEUTENANT GOVERNOR'S OFFICE, page 276, line 19 by:
COLUMN 7 COLUMN 8
/ STRIKING: 70,136 70,136
and
INSERTING: 56,336 56,336/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LEVENTIS proposed the following Amendment No. 245 (BEHSR-LTGOV03.DOC), which was tabled:
Amend the bill further, as and if amended, Part IA, Section 57, Lieutenant Governor's Office, page 276, line 7, by:
COLUMN 7 COLUMN 8
/ STRIKING: 191,032 191,032
and
INSERTING: 172,078 172,078/
Amend the bill further, as and if amended, Part IA, Section 57, LIEUTENANT GOVERNOR'S OFFICE, page 276, line 19 by:
COLUMN 7 COLUMN 8
/ STRIKING: 70,136 70,136
and
INSERTING: 58,136 58,136/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LEATHERMAN proposed the following Amendment No. 363 (DAD-SR-LTGOV 50K.DOC), which was adopted (#27):
Amend the bill, as and if amended, Part IA, Section 57, LIEUTENANT GOVERNOR'S OFFICE, page 276, line 7, by:
COLUMN 7 COLUMN 8
/ STRIKING: 191,032 191,032
and
INSERTING: 156,032 156,032/
Amend the bill further, as and if amended, Part IA, Section 57, LIEUTENANT GOVERNOR'S OFFICE, page 276, line 19, by:
COLUMN 7 COLUMN 8
/ STRIKING: 70,136 70,136
and
INSERTING: 55,136 55,136/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN spoke on the amendment.
The amendment was adopted.
The Senate proceeded to a consideration of Part IB.
Senators MARTIN, GROOMS, KNOTTS and CROMER proposed the following Amendment No. 246 (LBN-SR-100FLEX.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, beginning on page 348, paragraph 1.63, beginning on line 27 by striking the proviso in its entirety, and inserting:
/ (SDE: School Districts and Special Schools Flexibility) For 2002-03 2003-04, all school districts and special schools of this State may transfer up to twenty one hundred percent of funds between programs to any instructional program with the same funding source provided the funds are utilized for direct classroom instruction. The South Carolina Department of Education must establish a procedure for the review of all transfers authorized by this provision. The details of such transfers must be provided to members of the General Assembly upon request. School districts and special schools may carry forward unexpended funds from the prior fiscal year into the current fiscal year to be used for the same purpose. All transfers executed pursuant to this provision must be completed by May first of the current fiscal year. All school districts and special schools of this State may expend funds received from the Children's Education Endowment Fund for school facilities and fixed equipment assistance, for any instructional program. The Education Oversight Committee shall review the utilization of the flexibility provision to determine how it enhances or detracts from the achievement of the goals of the educational accountability system, including the ways in which school districts and the state organize for maximum benefit to classroom instruction, priorities among existing programs and services, and the impact on short, as well as, long-term objectives. The State Department of Education shall provide the reports on the transfers to the Education Oversight Committee for the comprehensive review. This review shall be provided to the members of the General Assembly annually. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MARTIN explained the amendment.
Senator MOORE raised a Point of Order that Amendment No. 246 was out of order inasmuch as it was violative of Rule 24 in that it amends permanent law.
Senator MARTIN spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Amendment No. 246 was ruled out of order.
Senator SHORT proposed the following Amendment No. 334 (AMEND-3749-15-1), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 351, after line 16, by adding an appropriately numbered paragraph to read:
/ 1. . (SDE: PACT and end-of-course tests) For school year 2003-04 the administration of the Social Studies PACT for grades 3-8, Science PACT for grades 3-8, and end-of-course tests are to be delayed unless required by the No Child Left Behind legislation. /
Renumber sections to conform.
Amend title to conform.
Senator SHORT explained the amendment.
Senator SHORT moved that the amendment be adopted.
Senator PEELER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton Courson * Fair Gregory Grooms Hawkins Hayes Knotts Kuhn Leatherman Martin McConnell Mescher Peeler Ravenel Ritchie Ryberg Setzler Thomas Verdin Waldrep
Anderson Cromer Drummond Elliott Ford Giese Glover Hutto Jackson Land Malloy Matthews Moore Patterson Pinckney Reese Richardson Short Smith, J. Verne
*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.
Senator KNOTTS proposed the following Amendment No. 276 (22197HTC03.DOC), which was tabled:
Amend the bill as and if amended, Part IB, Section 5A, COMMISSION OF HIGHER EDUCATION, page 370, by adding an appropriately numbered paragraph at the end to read:
/ 5A_____. (CHE: Teaching Requirements) Professors at research and four-year public institutions of higher learning may not be paid a salary while on sabbatical. All full-time professors at these institutions must engage in full-time teaching and to the extent that full-time professors teach less than fulltime, their salaries must be proportionately reduced. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator KNOTTS explained the amendment.
Senator HUTTO raised a Point of Order that Amendment No. 276 was out of order inasmuch as it was violative of Rule 24.
Senator GIESE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Drummond Elliott Fair Ford Giese Glover Hayes Holland Hutto Land Leatherman Malloy Martin Matthews Mescher Moore Patterson Pinckney Reese Setzler Short Thomas
Branton Cromer Gregory Grooms Hawkins Knotts Kuhn McConnell Peeler Ravenel Richardson Ryberg Smith, J. Verne Verdin Waldrep *
*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.
Senators SHORT and LEATHERMAN proposed the following Amendment No. 248 (BEHSR-DHHS01.DOC), which was adopted (#28):
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 377, paragraph 8.24, by striking lines 23 - 32 and inserting:
/negotiable under the laws of the State of South Carolina unless it contains language plainly stating that it is not transferable under any circumstances. A promissory note will be considered valid for Medicaid purposes only if it is actuarially sound, requires monthly installments that fully amortize it over the life of the loan, and is free of any conditional or self-canceling clauses./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SHORT explained the amendment.
Senator LEATHERMAN spoke on the amendment.
Senator SHORT moved that the amendment be adopted.
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 amendment was adopted.
On motion of Senator LEATHERMAN, debate was interrupted by recess.
At 12:55 A.M., on motion of Senator LEATHERMAN, the Senate receded from business until 1:45 P.M.
The Senate reassembled at 2:22 P.M. and was called to order by the PRESIDENT.
H. 3749 -- GENERAL APPROPRIATION BILL
The Senate resumed consideration of the Bill, the question being the third reading of the Bill.
Senator SHORT proposed the following Amendment No. 345 (SHORT839), which was adopted (#29):
Amend the bill, as and if amended, Part 1B, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 379, beginning with line 22, by striking Proviso 8.39 in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 275 (5494CM03.DOC), which was adopted (#30):
Amend the bill, as and if amended, Part 1B, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 380 after line 27, by adding an appropriately numbered paragraph to read:
/8.__ (DHHS: Medication Exemptions) The Department of Health and Human Services must expend funds appropriated for Pharmaceutical Services without 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, insulin for diabetes, and HIV. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
Senator ALEXANDER moved that the amendment be adopted.
The amendment was adopted.
Senator ELLIOTT proposed the following Amendment No. 318 (1621MM03.DOC), which was adopted (#31):
Amend the bill, as and if amended, Part 1B, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, by adding an appropriately numbered paragraph on page 380, after line 27, to read:
/ 8.__. (DHHS:SCRIPTS; Prescription Savings) A. There is created within the Department of Health and Human Services the South Carolina Retirees and Individuals Pooling Together for Savings (SCRIPTS) program. The program must combine the purchasing power of all South Carolina citizens sixty-five years of age and older who enroll in the program to reduce their prescription drug costs. Where possible, without violation of federal law, the department shall combine negotiating power for the program with negotiating power for pharmaceutical pricing and rebates which may exist now or in the future. For these purposes: (1) 'Department' means the Department of Health and Human Services; (2) 'Prescription drugs' means outpatient prescription drugs, that have been approved as safe and effective by the United States Food and Drug Administration including insulin syringes, insulin needles, and insulin; and 'Prescription drugs' do not include experimental drugs and over-the-counter pharmaceutical products; and (3) 'Program' means the South Carolina Retirees and Individuals Polling Together for Savings (SCRIPTS) program created pursuant to this article. This program must be administered by the Department of Health and Human Services. The department may designate, or enter into contracts with, other entities including, but not limited to, other states, other governmental purchasing pools, and nonprofit organizations to assist in the administration of this program. By October 30, 2003, the department must submit a program implementation and administration plan for review by the State Budget and Control Board. The plan must include procedures for program enrollment, requirements for program participation, and program enrollment fees that must be calculated to pay all additional costs incurred by the department in the administration of the program. Upon review of the State Budget and Control Board, the program may be implemented as soon as practicable. When requested by the department, other state agencies shall provide assistance or information necessary for the administration of this program. A person eligible to participate in this program must have attained the age of sixty-five years, have resided in South Carolina at least six consecutive months before enrolling in the program, and not be eligible for Medicaid prescription benefits. The department may seek waivers of any federal laws, regulations, or rules necessary to implement this program. The department may promulgate regulations necessary for the administration of this program. The program must be funded entirely from annual enrollment fees collected from program participants.
B. This paragraph takes effect July 1, 2003, and terminates June 30, 2004. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 338 (3749 SFAA DLTHHSCONTRA.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 380, after line 27, by adding an appropriately numbered paragraph to read:
/ 8. (DHHS: Contraceptives) No funds appropriated to the Department may be expended to provide contraceptive drugs or devices to unmarried persons. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator THOMAS proposed the following Amendment No. 339 (3749 SFAA DLTHHSCHABO.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 380, after line 27, by adding an appropriately numbered paragraph to read:
/ 8. (DHHS: Prohibit Chemical Abortions) No funds appropriated to the Department may be expended to provide birth control methods that cause chemical abortions. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator THOMAS proposed the following Amendment No. 340 (3749 SFAA DLTHHSABO.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 380, after line 27, by adding an appropriately numbered paragraph to read:
/ 8. (DHHS: Funding of Abortions Prohibited) No funds appropriated to the Department may be expended to procure or offer abortion services. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator HAYES desired to be recorded as voting in favor of the adoption of the amendment.
Senator ELLIOTT proposed the following Amendment No. 347 (PT\ 1623MM03), which was tabled:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 380, by adding an appropriately numbered paragraph at the end of Section 8 to read:
/ 8.__ (DHHS: SCRIPTS-S. C. Retirees and Individual Pooling for Savings Act)
"A. This paragraph may be cited as the 'South Carolina Retirees and Individuals Pooling for Savings Program'.
B. For purposes of this paragraph:
(1) 'Department' means the Department of Health and Human Services.
(2) 'Prescription drugs' means outpatient prescription drugs, that have been approved as safe and effective by the United States Food and Drug Administration, including insulin syringes, insulin needles, and insulin. 'Prescription drugs' do not include experimental drugs and over-the-counter pharmaceutical products.
(3) 'Program' means the South Carolina Retirees and Individuals Polling Together for Savings (SCRIPTS) program created pursuant to this article.
C. For the current fiscal year there is created within the Department of Health and Human Services the South Carolina Retirees and Individuals Pooling Together for Savings (SCRIPTS) program. The program must combine the purchasing power of all South Carolina citizens sixty-five years of age and older who enroll in the program to reduce their prescription drug costs. Where possible, without violation of federal law, the department shall combine negotiating power for the program with negotiating power for pharmaceutical pricing and rebates which may exist now or in the future.
D. This program must be administered by the Department of Health and Human Services. The department may designate, or enter into contracts with, other entities including, but not limited to, other states, other governmental purchasing pools, and nonprofit organizations to assist in the administration of this program.
E. As soon as possible after this paragraph takes effect, the department shall submit a program implementation and administration plan for review by the State Budget and Control Board. The plan must include:
(1) procedures for program enrollment;
(2) requirements for program participation; and
(3) annual program enrollment fees that must be calculated to pay all additional costs incurred by the department in the administration of the program. Upon review of the State Budget and Control Board, the program may be implemented as soon as practicable. When requested by the department, other state agencies shall provide assistance or information necessary for the administration of this program.
F. A person eligible to participate in this program must:
(1) have attained the age of sixty-five years;
(2) have resided in South Carolina at least six consecutive months before enrolling in the program; and
(3) not be eligible for Medicaid prescription benefits.
G. The department shall maintain data to allow evaluation of the cost effectiveness of the program and shall submit a report to the Governor, the Chairman of the House Ways and Means Committee, and the Chairman of the Senate Finance Committee summarizing enrollment, financial information, and any other information needed to evaluate the costs and benefits of the program.
H. The department may seek waivers of any federal laws, regulations, or rules necessary to implement this program and the department may promulgate regulations necessary for the administration of this program.
I. The program must be funded entirely from annual enrollment fees collected from program participants."/
Renumber sections to conform.
Amend title to conform.
Senator ELLIOTT explained the amendment.
Senator ELLIOTT moved to lay the amendment on the table.
The amendment was laid on the table.
Senators MOORE and LEVENTIS proposed the following Amendment No. 297 (AMD3749-4-1), which was tabled:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 380, after line 27 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 LEVENTIS explained the amendment.
Senator J. VERNE SMITH spoke on the amendment.
Senator LEVENTIS moved that the amendment be adopted.
Senator J. VERNE SMITH moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton Cromer Elliott Fair Giese Gregory Grooms Hawkins Hayes Knotts Kuhn Leatherman Martin McConnell McGill Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep
Anderson Drummond Glover Holland Hutto Land Leventis Malloy Matthews Moore O'Dell Patterson Pinckney Rankin Reese Setzler Short
The amendment was laid on the table.
Senator MOORE proposed the following Amendment No. 293 (AMD3749-9.50), which was tabled:
Amend the bill, as and if amended, Part 1B, Section 9, Department of Health and Environmental Control, page 387, line 21, by striking Proviso 9.50 in its entirety.
Amend title, totals, part, section and other necessary references to conform
Senator LEATHERMAN spoke on the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator THOMAS proposed the following Amendment No. 341 (3749 SFAA DLTDHECCONTRA.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 388, after line 12, by adding an appropriately numbered paragraph to read:
/ 9. (DHEC: Contraceptives) No funds appropriated to the Department may be expended to provide contraceptive drugs or devices to unmarried persons. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator HAYES desired to be recorded as voting in favor of the adoption of the amendment.
Senator THOMAS proposed the following Amendment No. 342 (3749DLTDHECCHABO.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 389, after line 2, by adding an appropriately numbered paragraph to read:
/ 9. (DHEC: Prohibit Chemical Abortions) No funds appropriated to the Department may be expended to provide birth control methods that cause chemical abortions. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator HAYES desired to be recorded as voting in favor of the adoption of the amendment.
Senator FAIR proposed the following Amendment No. 249 (BEHSR-10.ALHZ.DOC), which was adopted (#32):
Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 389, after line 33, by adding an appropriately numbered paragraph to read:
/10. (DMH: Alzheimer's Funding) Of the funds appropriated to the Department of Mental Health for Community Mental Health Centers, $405,000 must be used for contractual services to provide respite care and diagnostic services to those who qualify as determined by the Alzheimer's Disease and Related Disorders Association Upstate South Carolina Chapter and the Palmetto Chapter. The funds are to be equally divided between the Upstate and Palmetto Chapters of the Association and the department must maximize, to the extent feasible, federal matching dollars. On or before September 30 of each year, the respective Chapters of the Alzheimer's Disease and Related Disorders Association must submit to the department, Governor, Senate Finance Committee, and House Ways and Means Committee an annual financial statement and outcomes measures attained for the fiscal year just ended./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator FAIR explained the amendment.
Senator FAIR moved that the amendment be adopted.
The amendment was adopted.
Senators GROOMS, PINCKNEY, BRANTON, MATTHEWS, HOLLAND, ALEXANDER and DRUMMOND proposed the following Amendment No. 250 (BEHSR-NH02.DOC), which was adopted (#33):
Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 389, after line 33, by adding an appropriately numbered paragraph to read:
/10. (DMH: Colleton County Nursing Home) Subject to the review of the Joint Bond Review Committee and the approval of the Budget and Control Board, the Department of Mental Health is authorized to borrow an amount not to exceed $3,000,000 for the purpose of providing matching funds for the construction of the State Veterans Nursing Home in Colleton County. The authorization is contingent upon the Department's ability to secure a binding commitment for a source of funds for the repayment of the loan. The State Treasurer is authorized to negotiate the terms and conditions of the loan./ Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator LEATHERMAN spoke on the amendment.
The amendment was adopted.
Senator McCONNELL asked unanimous consent to make a motion that the members of the Committee on Judiciary be granted leave to meet in the upstairs conference room, be counted in any quorum calls, and to be allowed to vote from the balcony.
Senator LEVENTIS objected.
Senator McCONNELL moved that the Senate stand in recess for one hour.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Cromer Elliott Fair Giese Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Leatherman Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Ravenel Reese Ritchie Ryberg Setzler Smith, J. Verne Thomas Verdin Waldrep
Drummond Glover Land Leventis Short
At 3:00 P.M., on motion of Senator McCONNELL, the Senate receded from business until 4:00 P.M.
At 4:10 P.M., the Senate resumed.
At 4:10 P.M., Senator McCONNELL assumed the Chair.
At 4:10 P.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Branton Cromer Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Short Smith, J. Verne Thomas Verdin Waldrep
A quorum being present, the Senate resumed.
H. 3749 -- GENERAL APPROPRIATION BILL
The Senate resumed consideration of the Bill, the question being the third reading of the Bill.
The PRESIDENT Pro Tempore took up the Point of Order raised by Senator HAWKINS 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.
73.1. (Year End Expenditures) Unless specifically authorized herein, the appropriations provided in Part I of this Act as ordinary expenses of the State Government shall lapse on July 31, 2003 2004. State agencies are required to submit all current fiscal year input documents to the Comptroller General's Office by July 18, 2003 16, 2004. Appropriations for Permanent Improvements, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations were provided, unless definite commitments shall have been made, with the approval of the State Budget and Control Board and Joint Bond Review Committee, toward the accomplishment of the purposes for which the appropriations were provided. Appropriations for other specific purposes aside from ordinary operating expenses, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations were provided, unless definite commitments shall have been made, with the approval of the State Budget and Control Board, toward the accomplishment of the purposes for which the appropriations were provided.
The PRESIDENT Pro Tempore sustained the Point of Order.
Proviso 73.3 was ruled out of order.
Senator RAVENEL proposed the following amendment (BEHSR-DDSN01.DOC), which was adopted (#34):
Amend the bill, as and if amended, Part IB, Section 11, DEPARTMENT OF DISABILITIES & SPECIAL NEEDS, page 391, after line 2, by adding an appropriately numbered paragraph to read:
/11. (DDSN: Special Olympics Funding) Of funds appropriated to the Department of Disabilities and Special Needs, $50,000 must be used in support of the Special Olympics. /
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Senator RAVENEL explained the amendment.
The amendment was adopted.
Senator KNOTTS proposed the following Amendment No. 251 (BEHSR-BLIND01.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 14, COMMISSION FOR THE BLIND, page 396, after line 19, by adding an appropriately numbered paragraph to read:
/14. (BLIND: Business Enterprise Program Exemptions) As related to the Commission's operation of vending facilities by blind persons, buildings to which these provisions shall not apply are hospitals, four-year institutions of higher learning and their branches, public elementary and secondary schools, technical education institutions, facilities devoted primarily to athletics or to state, municipal, county or civic center auditoriums, assembly halls, and the South Carolina State Museum nor shall there be any prohibitions to the placement of up to two coin operated vending machines in buildings on the public property provided they are not located in a building where there is a vending facility operated by the Commission./
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Senator KNOTTS explained the amendment.
Senator MOORE raised a Point of Order that Amendment No. 251 was out of order inasmuch as it was violative of Rule 24.
The PRESIDENT Pro Tempore sustained the Point of Order.
Amendment No. 251 was ruled out of order.
Senators McGILL and LEVENTIS proposed the following Amendment No. 351 (RW-SR-EXPORT CERTIFICATION.DOC), which was adopted (#35):
Amend the bill, as and if amended, Part IB, Section 22, DEPARTMENT OF AGRICULTURE, page 402, after line 8, by adding an appropriately numbered paragraph to read:
/22. . (AGRI: Export Certification) The Department of Agriculture is allowed to charge up to $250 for each export certification of agricultural products and to retain revenues to offset expenses incurred in performing certifications. /
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Senator McGILL explained the amendment.
Senator McGILL moved that the amendment be adopted.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No.350 (RW-SR-PSA-PESTICIDE REGISTRATION.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 23, CLEMSON UNIVERSITY (PUBLIC SERVICE ACTIVITIES), page 403, after line 7, by adding an appropriately numbered paragraph to read:
/23.__. (CU-PSA: Pesticide Registration Fee ) For Fiscal Year 2003-04 all persons who are required to annually register any pesticide shall be subject to regulation by Clemson University PSA and shall pay a special service fee of one hundred dollars per product registered. This fee must be used to support the Regulatory and Public Service Program and related plant research and education programs. /
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Senator LAND raised a Point of Order that Amendment No. 350 was out of order inasmuch as it was violative of Rule 24 and Section 46-13-45, S. C. Code of Laws, 1976, as amended.
The PRESIDENT Pro Tempore sustained the Point of Order.
Amendment No. 350 was ruled out of order.
Senator MOORE proposed the following Amendment No. 295 (AMD3749TLMFC18-1), which was tabled:
Amend the bill, as and if amended, Part 1B, Section 24, Department of Natural Resources, Page 405, lines 12 through 14 by striking proviso 24.18 in its entirety.
Amend title, totals, parts, sections and other necessary references to conform.
Senator MOORE explained the amendment.
Senator McGILL moved to lay the amendment on the table.
The amendment was laid on the table.
Senator MOORE proposed the following Amendment No. 296 (AMD3749TLMFC10-1), which was tabled:
Amend the bill, as and if amended, Part 1B, Section 24, Department of Natural Resources, page 405, lines 15 through 17 by striking proviso 24.19 in its entirety.
Amend title, totals, parts, sections and other necessary references to conform.
Senator MOORE explained the amendment.
Senator McGILL moved to lay the amendment on the table.
The amendment was laid on the table.
Senator HAWKINS raised a Point of Order that Proviso 24.20 of the committee report, as amended, was out of order under Rule 24.
Amend the bill, further, as and if amended, Part 1B, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 405, by adding an appropriately numbered paragraph at the end to read:
/ 24.20. (DNR: Hunting License Fees) For the current fiscal year, the fee:
(1) for the combination hunting and fishing license issued pursuant to Section 50-9-510(3) of the 1976 Code is increased from twenty to twenty-five dollars;
(2) for the nonresident statewide license issued pursuant to Section 50-9-510(6) is increased from one hundred to one hundred twenty-five dollars;
(3) for the ten consecutive days regular hunting season license for a nonresident issued pursuant to Section 50-9-510(7) of the 1976 Code is increased from fifty to seventy-five dollars;
(4) for the three consecutive days regular hunting season license for a nonresident issued pursuant to Section 50-9-510(8) of the 1976 Code is increased from twenty-five to forty dollars; and
(5) for the big game nonresident permit issued pursuant to Section 50-9-510(10) of the 1976 Code, the fee is increased from eighty-nine to one hundred dollars. /
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Senator GREGORY spoke on the Point of Order.
Senator MOORE spoke on the Point of Order.
The PRESIDENT Pro Tempore overruled the Point of Order and stated that the Point of Order came too late inasmuch as it should have been raised at the time Amendment No. 195 to the committee report was taken up for consideration on May 14, 2003.
Senator HAWKINS proposed the following Amendment No. 375 (DADDELETE DNR HUNTING FEE.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 405, paragraph 24.20, by striking the proviso in its entirety, lines 18 - 28 and inserting / 24.20. (DNR: Hunting License Fees) DELETED /
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Senator HAWKINS explained the amendment.
Senator GREGORY spoke on the amendment.
At 5:05 P.M., the PRESIDENT assumed the Chair.
Senator GREGORY spoke on the amendment.
Senator GREGORY moved to lay the amendment on the table.
The amendment was laid on the table.
Senator THOMAS proposed the following Amendment No. 337 (3749R039.DLT.DOC), which was adopted (#36):
Amend the bill, as and if amended, Part IB, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 405, after line 28, by adding an appropriately numbered paragraph to read:
/ 24. (DNR: Intellectual Property) The Department shall develop a comprehensive written policy providing for the treatment on intellectual property accruing to the Department in the area of shrimp disease and culture. This policy must address the following issues: definitions, coverage and disclosure requirements, ownership, dispute resolution procedures, obtaining of patents and copyrights, incentives, transfer or sales or research results, promotion and licensing, use of proceeds, and release of ownership rights. Upon adoption and implementation, the Department, consistent with the policy, may sell or license intellectual property owned by the Department, upon approval of the Budget and Control Board. The net proceeds or annual net royalties, excluding any expenses including research and development, patent, licensing and litigation from intellectual property owned by the Department shall be apportioned and paid over by the Department according to the following schedule: Inventor 15%; State General Fund 85%. Proceeds apportioned and paid over to the Department shall be used by the Department for scientific research and education for the enhancement, management, and protection of natural resources in the State. /
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Senator THOMAS explained the amendment.
Senator SETZLER spoke on the amendment.
Senator LEATHERMAN spoke on the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 298 (AMD3749TLMFC11), which was withdrawn subsequent to Proviso 26.7 being ruled out of order:
Amend the Finance Committee amendment, as and if amended, page 3749-46 of the amendment, the fourth amendment on the page, pertaining to Proviso 26.7, by striking the amendment in and inserting a new amendment to tread:
"Amend the bill further, as and if amended, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION AND TOURISM, page 406, beginning on line 16, by striking Proviso 26.7 in its entirety."
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Senator McGILL spoke on the amendment.
Senator MOORE raised a Point of Order that Proviso 26.7 was out of order inasmuch as it was violative of Rule 24.
Amend the bill further, as and if amended, Part 1B, Section 26, DEPARTMENT OF PARKS, RECREATION AND TOURISM, page 406, beginning on line 16, by striking Proviso 26.7 and inserting:
/ 26.7. (PRT: Study Fee Structure) Notwithstanding Section 51-3-60, the Department of Parks, Recreation and Tourism is directed to study the current fee structure of the State Park System. If the study determines that adjustments are needed in order to maintain the fiscal soundness and continued maintenance and operations of the State Park System, the department shall notify the Senate Finance Committee and the House Ways and Means Committee prior to implementing adjustments to the fee structure. /
The PRESIDENT sustained the Point of Order.
Proviso 26.7 was ruled out of order.
On motion of Senator MOORE, with unanimous consent, Amendment No. 298 was withdrawn.
Senators ALEXANDER and O'DELL proposed the following Amendment No. 354 (BEHSR-DHHS-DJJ.DOC), which was adopted (#37):
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 428, after line 30, by adding an appropriately numbered paragraph to read:
/39. (DJJ: Definition of Juveniles) The Department of Juvenile Justice is authorized to place juveniles in marine and wilderness programs or other community residence programs operated by non-governmental entities. Juveniles receiving services in these community residence programs must either be referred to such a program by the Family Court as a condition of probation, released to such a program by the Board of Juvenile Parole, or voluntarily agree to be assigned and released to such a program by the Department of Juvenile Justice./
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The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 325 (DAD SFAA 56DD.7.DOC), which was adopted (#38):
Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 443, paragraph 56DD.7, by striking lines 23-33 and inserting:
/ 56DD.7. (GOV: SLED - Criminal Record Search Fee) (1) The State Law Enforcement Division shall charge and collect a fee of $25 for each criminal record search conducted pursuant to Regulations contained in Chapter 73, Article 3, Subarticle 1 of the Code of State Regulations. These fees must be remitted to the general fund. SLED is appropriated three million dollars from the General Fund of the State to offset the reduction in revenues resulting from this transfer. Revenues collected from the United States Department of Justice as reimbursement for services must be retained, carried forward, and used for continued agency operations. All revenue generated up to an amount of four million four hundred sixty-one thousand dollars collected from the criminal record search fee must be deposited to the General Fund of the State; any revenue generated above this amount shall be collected, retained, expended, and carried forward by the State Law Enforcement Division for agency operations. The sale or dissemination of the criminal history record database maintained by the State Law Enforcement Division is prohibited. The individual sale of individual criminal history records by SLED is not affected. Notwithstanding any other provision of law, criminal history record information, including arrest history, may be disseminated in accordance with regulations regardless of whether a corresponding judicial finding or disposition is part of the record. The Board of Economic Advisors shall conduct an analysis/study report annually to review fees and make recommendations for fee changes. This study is due January 15 of each year and must be forwarded to the Ways and Means Committee and the Senate Finance Committee. /
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Senator THOMAS explained the amendment.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 326 (DC SFAA SLED ALCH ENF.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 447, after line 33, by adding an appropriately numbered paragraph to read:
/ 56DD. (GOV: SLED -Alcohol Investigation and Enforcement) Beginning July 1, 2003, the State Law Enforcement Division is authorized to recoup all costs related to background investigations, inspections, and enforcement of locations selling alcoholic liquor or beer and wine. SLED shall collect an Alcohol Investigative and Enforcement assessment of one thousand dollars from each newly established licensed location selling alcoholic liquor or beer and wine. Provided further, that when a person licensed to sell alcoholic liquor or beer and wine moves his or her business to a new location in the same county that was licensed in the same manner within ninety days of the time of the move, the person may not be subject to this assessment upon approval by SLED. The one thousand dollar assessment does not apply to daily or annual temporary permit applications. This shall be a one-time assessment associated with the startup costs of newly established locations. SLED is authorized to receive, expend, retain, and carry forward these funds to offset agency operations. /
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Senator THOMAS explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator THOMAS proposed the following Amendment No. 327 (DC SFAA COIN OP ENF.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 447, after line 33, by adding an appropriately numbered paragraph to read:
/56DD. (GOV: SLED - Coin Operated Device Enforcement) The State Law Enforcement Division is authorized to collect an enforcement assessment of fifty dollars on each class two coin operated device to offset the cost of video gaming enforcement efforts. These funds shall be collected annually by the State Law Enforcement Division and shall be retained, expended, and carried forward for agency operations./
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Senator THOMAS explained the amendment.
Senator KNOTTS spoke on the amendment.
Senator HAWKINS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Branton Courson Cromer Drummond Elliott Ford Glover Hawkins Hutto Knotts Leatherman Leventis Malloy Matthews McConnell Mescher Moore O'Dell Peeler Rankin Ravenel Ritchie Setzler
Alexander Fair Giese Gregory Hayes Land Martin McGill Patterson Reese Ryberg Short Smith, J. Verne Thomas Verdin Waldrep
The amendment was laid on the table.
At 5:59 P.M., Senator McCONNELL assumed the Chair.
Senator THOMAS proposed the following amendment (DC SFAA SLED EXPUNGEMENT REQ.DOC), which was withdrawn:
Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 447, after line 33, by adding an appropriately numbered paragraph to read:
/ 56DD. (GOV: SLED--Expungement Requests) The State Law Enforcement Division is authorized to collect a twenty-five dollar expungement fee for each request to expunge criminal records. These funds shall be used to offset the operational and research expenses associated with processing these expungement requests. SLED is authorized to collect, retain, expend, and carry forward these funds. /
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Senator THOMAS explained the amendment.
Senator HUTTO moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Ford Glover Grooms Hawkins Hutto Kuhn Leventis Malloy Matthews Moore Patterson Peeler Rankin
Alexander Branton Courson Cromer Elliott Fair Giese Gregory Hayes Knotts Land Leatherman Martin McConnell McGill Mescher O'Dell Ravenel Reese Richardson * Ryberg Setzler Short Smith, J. Verne Thomas Verdin Waldrep
*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 Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator MOORE spoke on the amendment.
Senator HUTTO spoke on the amendment.
Senator HUTTO asked unanimous consent to make a motion to amend the amendment.
Senator GLOVER objected.
Senator HUTTO continued speaking on the amendment.
Senator HUTTO asked unanimous consent to make a motion to amend the amendment.
Senator GLOVER objected.
On motion of Senator HUTTO, with unanimous consent, the amendment was withdrawn.
Senator RITCHIE proposed the following amendment (JLB SFAA 0002.DOC), which was adopted (#39):
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 455, beginning on line 19, Proviso 63.4 by striking the proviso in its entirety and inserting:
/ 63.4. (BCB: Computer Services Consolidation) It is the intent of the General Assembly to consolidate management of computing services and computer support services under the Budget and Control Board. The Executive Director of the Budget and Control Board developed a long-term strategic plan to accomplish this consolidation and to centralize all State Data Centers. The Executive Director of the Budget and Control Board, in consultation with the Governor, Chairman of the Senate Finance Committee, and the Chairman of the Ways and Means Committee, implemented the Data Center Consolidation Plan as presented to and approved by the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee on January 15, 1997. The plan is structured in phases with a final implementation date no later than July 2001. All agencies affected by this plan are required to comply with the directives and mandates inherent in this planning document and must transfer any needed fixed assets, staff, and associated FTEs to the Budget and Control Board at such time as they are requested. The Legislature, Judiciary, higher education institutions, and technical education institutions are exempt from this proviso. The Board shall report annually in its Agency Accountability Report appropriate performance measures relative to the operation of the Consolidated Data Center.
Likewise, it is the intent of the General Assembly to pursue application consolidation, where feasible, as referenced in the Consolidation Plan. The Board is authorized to assist in implementing a statewide financial management system. All agencies desiring new financial management systems will be encouraged to utilize the system endorsed and supported by the Comptroller General and to use the common equipment and software located in the Budget and Control Board's Consolidated Data Center. If an agency determines that it is necessary to deviate from the statewide system, the agency will be assessed a one-time charge payable to the Budget and Control Board to develop the interface to the Comptroller General's systems. /
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Senator RITCHIE explained the amendment.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 335 (MOORE - 6352 -1), which was adopted (#40):
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 464, beginning on line 14, by striking Proviso 63.52, in its entirety.
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Senator MOORE explained the amendment.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 343 (3749 SFAA DLTBCBHABO.DOC), which was tabled:
Amend the bill, as and if amended, Part 1B, Section 63, BUDGET AND CONTROL BOARD, page 466, paragraph 63B.6, by striking the proviso in its entirety, lines 28-30 and inserting:
63B.6. (BCB/EB: Funding Abortions Prohibited) No funds appropriated for employer contributions to the State Health Insurance Plan may be expended to reimburse the expenses of an abortion, except in cases of rape, incest or where the life of the mother is in jeopardy, and the State Health Plan may not offer coverage for abortion services. /
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Senator THOMAS explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senators LEATHERMAN, J. VERNE SMITH, KNOTTS, CROMER, VERDIN, MARTIN, BRANTON and GROOMS proposed the following amendment (DC SFAA LAW OFFICERS MEMORIAL.DOC), which was adopted (#41):
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 464, after line 34, by adding an appropriately numbered paragraph to read:
/ 63. . (BCB: Law Enforcement Officers Memorial) Using funds appropriated to or transferred to the State Budget and Control Board for construction of the South Carolina Law Enforcement Officers Memorial, including private contributions for the project, and after obtaining the approval of the State House Committee for the design and location of the monument, the State Budget and Control Board shall proceed to construct the monument. Funds available to the board for this purpose shall not lapse and must be carried forward to succeeding fiscal years and used for the same purpose. /
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Senator LEATHERMAN explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
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 amendment was adopted.
Senator THOMAS proposed the following Amendment No. 344 (3749 SFAA DLTBCBABO.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 466, paragraph 63B.6, by striking the proviso in its entirety, lines 28-30 and inserting:
/ 63B.6. (BCB/EB: Funding Abortions Prohibited) No funds appropriated for employer contributions to the State Health Insurance Plan may be expended to reimburse the expenses of an abortion and the State Health Plan may not offer coverage for abortion services. /
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Senator THOMAS explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator HAYES proposed the following Amendment No. 324 (3749R013.RWH.DOC), which was adopted (#42):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, beginning on line 11, by striking Proviso 72.83 and inserting:
/ 72.83. (GP: Accommodations Tax) For Fiscal Year 2002-2003 the word 'tourist', as used in Section 6-4-10, does not apply to museums or to festivals, arts and cultural events, or the sponsoring organization of these events. /
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Senator HAYES explained the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 255 (DAD-SR-72RIF HLTH INS.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 500, after line 23, by adding an appropriately numbered paragraph to read:
/ 72. . (GP: RIF-Employer Paid Insurance Coverage) When certified by an agency director that a state employee participating in a state health and dental insurance plan is terminated because of an agency reduction in force caused by a mandated reduction in the agency budget, the terminated employee must continue to receive health and dental insurance plan coverage the employee carried while employed. The coverage must be continued for a period not to exceed one year after the date of termination or until the former employee has obtained substantially equivalent coverage, whichever occurs first. During the one-year period of coverage, the full amount of both the employer and employee share of premium must be paid by the terminating agency. /
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Senator LEVENTIS explained the amendment.
Senator LEVENTIS 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:
Alexander Branton Cromer Elliott Fair Giese Gregory Grooms Hawkins Hayes Knotts Kuhn Leatherman Martin McConnell McGill Mescher O'Dell Peeler Ravenel Richardson * Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep
Anderson Drummond Ford Glover Hutto Jackson * Land Leventis Malloy Matthews Moore Patterson Pinckney Rankin Reese Setzler Short
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
Senator LEVENTIS proposed the following Amendment No. 256 (DAD-SR-72RIF SVC CREDIT.DOC), which was adopted (#43):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 500, after line 23, by adding an appropriately numbered paragraph to read:
/ 72. . (GP: RIF-Employer Paid Service Credit) When certified in writing by an agency director that a state employee has been terminated as a result of an agency reduction in force caused by a mandated reduction in the agency budget, and the terminated employee does not have sufficient creditable service to qualify for service retirement with an immediate annuity, including early retirement pursuant to Section 9-1-1515 of the 1976 Code, but is eligible to establish service credit sufficient to allow the employee to retire under service retirement with an immediate annuity and the amount of service credit required to be established is three years or less, then the terminated employee is eligible to have his employer, by means of an employer contribution, make the payment to establish credit for the employee. To be eligible to have this employer paid contribution, the employee must retire. Employer contributions made pursuant to this paragraph are made pursuant to Section 9-1-1140(H) or 9-11-50(H) of the 1976 Code. Notwithstanding the provisions of Section 1-11-730 of the 1976 Code, or any other provision of law, persons for whom service credit is purchased by their employer pursuant to this subparagraph qualify for state-paid health and dental insurance. /
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Senator LEVENTIS explained the amendment.
The amendment was adopted.
Senator KNOTTS proposed the following Amendment No. 257 (DAD-SR-CMRC REPAY BCB.DOC):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 500, after line 23, by adding an appropriately numbered paragraph to read:
/ (72. . Repayment of Loans) Of funds appropriated to the Department of Commerce, three million dollars shall be transferred to the Office of Local Government and three million and five hundred thousand dollars to the Insurance Reserve Fund for repayment of loans dated March 1, 2002. /
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Senator KNOTTS explained the amendment.
Senator LEATHERMAN spoke on the amendment.
Senator LEATHERMAN requested under Rule 18 to divide the question.
Senator KNOTTS proposed the following Amendment No. 257A (3749R040.JMK.DOC), which was adopted (#44):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 500, after line 23, by adding an appropriately numbered paragraph to read:
/ (72. . Repayment of Loans) Of funds appropriated to the Department of Commerce, three million dollars shall be transferred to the Office of Local Government. /
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Senator KNOTTS explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator KNOTTS proposed the following Amendment No. 257B, which was withdrawn:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 500, after line 23, by adding an appropriately numbered paragraph to read:
/ (72. . Repayment of Loans) Three million and five hundred thousand dollars to the Insurance Reserve Fund for repayment of loans dated March 1, 2002. /
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On motion of Senator KNOTTS, with unanimous consent, Amendment No. 257B was withdrawn.
Senator LEVENTIS proposed the following Amendment No. 258 (DAD-SR-36 DAY FURLOUGH.DOC), which was adopted (#45):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 500, after line 23, by adding an appropriately numbered paragraph to read:
/ 72.__. (GP: Constitutional Officer Furlough) All constitutional officers may take up to thirty-six days furlough in the current fiscal year. The officials will retain all responsibilities and authority during the furlough. All monies saved from this furlough may be retained by that agency and expended at the discretion of the constitutional officer. During this furlough, the constitutional officer shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries. As to those benefits which require employer and employee contributions, the state agency will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the constitutional officer remains solely responsible for making those contributions./
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Senator LEVENTIS explained the amendment.
Senator LEVENTIS moved that the amendment be adopted.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. 289 (1619MM03.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, by adding an appropriately numbered paragraph at the end of the section on page 500, after line 23, to read:
/ 72._____. (GP: Lottery Ticket Sales Tax) Notwithstanding Section 59-150-230(A), Section 12-53-20, or any other provision of law to the contrary, for the current fiscal year the State shall impose the five percent sales tax pursuant to Section 12-36-910 on the sale of a lottery ticket or share, which is deemed to be tangible personal property for purposes of Section 12-36-910. The sale price of a lottery ticket, set at one dollar or increments of one dollar by the Lottery Commission, does not include the five percent sales tax which is imposed on the gross proceeds of the sale of the ticket. Revenues raised from imposition of the five percent sales tax pursuant to Section 12-36-910 on the sale of a lottery ticket or share for the current fiscal year must be credited to the general fund of the State and allocated one hundred percent to the Education Finance Act to increase base student cost. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator LEATHERMAN raised a Point of Order that Amendment No. 289 was out of order inasmuch as it was violative of Rule 24.
Senators RITCHIE and MATTHEWS spoke on the Point of Order.
The PRESIDENT Pro Tempore sustained the Point of Order.
Amendment No. 289 was ruled out of order.
Senator GREGORY proposed the following Amendment No. 277 (22196HTC03.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 500, by adding an appropriately numbered paragraph at the end to read:
/ 72.___(GP: Sales Taxes On Lottery Tickets) The sales tax exemption allowed pursuant to Section 12-36-2120(60) of the 1976 Code is suspended for the current fiscal year. For the current fiscal year, the definition of tangible personal property provided pursuant to Section 12-36-60 of the 1976 Code includes a South Carolina Education Lottery Ticket sold by a lottery retailer as provided in Chapter 150, Title 59 of the 1976 Code. For the current fiscal year the definition of gross proceeds of sales pursuant to Section 12-36-90(1) of the 1976 Code includes the proceeds from the sale of a South Carolina Education Lottery Ticket at the ticket price established by the South Carolina Education Lottery Commission, which must not be reduced during the current fiscal year, and the revenues generated from the imposition of the sales tax pursuant to the provisions of this paragraph must be deposited to the credit of the general fund of the State and used to provide a state employee base pay increase in the manner that the General Assembly shall provide by law. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GREGORY explained the amendment.
Senator LEATHERMAN raised a Point of Order that Amendment No. 277 was out of order inasmuch as it was violative of Rule 24.
Senators GREGORY and RITCHIE spoke on the Point of Order.
The PRESIDENT Pro Tempore sustained the Point of Order.
Amendment No. 277 was ruled out of order.
Senator RAVENEL proposed the following Amendment No. 286 (20615SD03.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 500, after line 23, by adding an appropriately numbered paragraph to read:
// 72. . For fiscal year 2003-2004, accommodations tax revenues may also be used to provide basic municipal or county services for day visitors to a municipality or county that experiences a high number of day visitors relative to its number of tourists, such as a beach community that experiences high numbers of day visitors on weekends and holidays.
For purposes of this provision, 'day visitor' or 'day visitors' means a person or persons who travel outside their usual environment or community of residence to engage in leisure or recreational activity in another environment or community, but who do not spend a night in that environment or community. //
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RAVENEL explained the amendment.
Senator RANKIN raised a Point of Order that Amendment No. 286 was out of order inasmuch as it was violative of Rule 24.
Senator RAVENEL spoke on the Point of Order.
The PRESIDENT Pro Tempore sustained the Point of Order.
Amendment No. 286 was ruled out of order.
Senators McGILL, RAVENEL, RANKIN, RICHARDSON, HAWKINS, MARTIN, WALDREP, PINCKNEY, DRUMMOND, LAND, HUTTO, REESE and RYBERG proposed the following amendment (RW-SR-DNR ENDANGERED SPECIES PLATES 2.DOC), which was adopted (#46):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 500, after line 23, by adding an appropriately numbered paragraph to read:
/72. . (GP: Endangered Species License Plates) The department shall issue a series of special commemorative motor vehicle license plates for use by the owner on his private passenger motor vehicle for the purposes of the "Non-game Wildlife and Natural Areas Fund" provided in Section 50-1-280. The special fee for the commemorative license plate is thirty dollars and this amount must be placed in the fund. This fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 7 of this title. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words "South Carolina Protects Endangered Species". The plates must be issued or revalidated for a biennial period, which expires twenty-four months from the month they are issued. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator McGILL explained the amendment.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 316 (AMD3749TLMFC41A), which was tabled:
Amend the bill, as and if amended, by adding after the last Part IB section, the following:
/ PART II
The Code Commissioner is directed to include all permanent general laws in this Part in the next edition of the Code of Laws of South Carolina, 1976, and all supplements to the Code.
TO AMEND SECTION 12-6-510 OF THE 1976 CODE, RELATING TO INCOME TAX RATES FOR INDIVIDUALS, ESTATES, AND TRUSTS SO AS TO ELIMINATE INCOME TAX FOR RETURNS FILED AND REPORTING TAXABLE INCOME EQUAL OR LESS THAN FIFTEEN THOUSAND DOLLARS BEGINNING IN TAX YEARS AFTER 2002.
A. Section 12-6-510 of the 1976 Code is amended to read:
"Section 12-6-510. (A) For taxable years beginning after 19942002:
(1) for returns filed and reporting taxable income equal to or less than fifteen thousand dollars, no tax shall be due; and
(2) for returns filed and reporting taxable income in excess of fifteen thousand dollars, a tax equal to seven percent of the taxable income is imposed on the South Carolina taxable income reported of individuals, estates, and trusts and any other entity except those taxed or exempted from taxation under Sections 12-6-530 through 12-6-550 computed at the following rates with the income brackets indexed in accordance with Section 12-6-520:
Not over $2,220 2.5 percent of taxable income
Over $2,220 but $56 plus 3 percent of
not over $4,440 the excess over $2,220;
Over $4,440 but $123 plus 4 percent of
not over $6,660 the excess over $4,440;
Over $6,660 but $212 plus 5 percent of
not over $8,880 the excess of $6,660;
Over $8,880 but $323 plus 6 percent of
not over $11,100 the excess over $8,880;
Over $11,100 $456 plus 7 percent of
the excess over $11,100.
(B) The department may prescribe tax tables consistent with the rates set pursuant to subsection (A)."
B. This section takes effect July 1, 2003.
TO AMEND SECTION 12-37-250 OF THE 1976 CODE, RELATING TO THE HOMESTEAD EXEMPTION FOR TAXPAYERS SIXTY-FIVE AND OVER OR THOSE TOTALLY AND PERMANENTLY DISABLED OR LEGALLY BLIND BY INCREASING THE AMOUNT OF THE EXEMPTION FORM FIFTY THOUSAND TO FIFTY-FIVE THOUSAND DOLLARS.
A. Section 12-37-250 of the 1976 Code is amended to read:
"Section 12-37-250. The first fifty-five thousand dollars of the fair market value of the dwelling place of a person is exempt from county, municipal, school, and special assessment real estate property taxes when the person has been a resident of this State for at least one year and has reached the age of sixty-five years on or before December thirty-first, the person has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or the person is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards. The exemption includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, before January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption must not be granted for the tax year in which it is claimed unless the person or his agent makes written application for the exemption before July sixteenth of that tax year. If the person or his agent makes written application for the exemption after July fifteenth, the exemption must not be granted except for the succeeding tax year for a person qualifying under this section when the application is made. However, if application is made after July fifteenth of that tax year but before the first penalty date on property taxes for that tax year by a person qualifying under this section when the application is made, the taxes due for that tax year must be reduced to reflect the exemption provided in this section. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. The auditor, as directed by the Comptroller General, shall notify the municipality of all applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. 'Dwelling place' means the permanent home and legal residence of the applicant.
When any person would be entitled to a homestead tax exemption under this section except that he does not own the real property on which his dwelling place is located and his dwelling place is a mobile home owned by him located on property leased from another, such mobile home shall be exempt from personal property taxes to the same extent and obtained in accordance with the same procedures as is provided for in this section for an exemption from real property taxes; provided, however, that no person shall receive such an exemption from both real and personal property taxes in the same year.
When a dwelling house and legal residence is located on leased or rented property and such dwelling house is owned and occupied by the owner even though at the end of the lease period the lessor becomes owner of the residence, the owner lessee shall qualify for and be entitled to a homestead exemption in the same manner as though he owned a fee simple or life estate interest in the leased property on which his dwelling house is located.
When any person who was entitled to a homestead tax exemption under this section dies or any person who was not sixty-five years of age or older, blind, or disabled on or before December thirty-first preceding the application period, but was at least sixty-five years of age, blind, or disabled at the time of his death and was otherwise entitled dies and the surviving spouse is at least fifty years of age and acquires complete fee simple title or a life estate to the dwelling place within nine months after the death of the spouse, the dwelling place is exempt from real property taxes to the same extent and obtained in accordance with the same procedures as are provided for in this section for an exemption from real property taxes so long as the spouse remains unmarried and the dwelling place is utilized as the permanent home and legal residence of the spouse. A surviving spouse who disposes of the dwelling place and acquires another residence in this State for use as a dwelling place may apply for and receive the exemption on the newly acquired dwelling place. The spouse shall inform the county auditor of the change in address of the dwelling place.
The term "permanently and totally disabled" as used herein shall mean the inability to perform substantial gainful employment by reason of a medically determinable impairment, either physical or mental, which has lasted or is expected to last for a continuous period of twelve months or more or result in death.
The Comptroller General shall reimburse the state agency of Vocational Rehabilitation for the actual expenses incurred in making decisions relative to disability from funds appropriated for homestead reimbursement.
The Comptroller General shall promulgate such rules and regulations as may be necessary to carry out the provisions herein.
Nothing herein shall be construed as an intent to cause the reassessment of any person's property.
The provisions of this section apply to life estates created by will and also to life estates otherwise created.
The homestead tax exemption must be granted in the amount in this paragraph to those persons who own a dwelling in part in fee or in part for life when the persons satisfy the other conditions of the exemption. The amount of the exemption must be determined by multiplying the percentage of the fee or life estate owned by the person by the full exemption. For purposes of the calculation required by this paragraph, a percentage of ownership less than five percent is considered to be five percent. The exemption may not exceed the value of the interest owned by the person."
B. This section takes effect July 1, 2003.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-515 SO AS TO PROVIDE A MAXIMUM FIVE PERCENT STATE INCOME TAX RATE ON SOUTH CAROLINA TAXABLE INCOME RECEIVED BY A TAXPAYER IN THE TAXPAYER´S CAPACITY AS A SOLE PROPRIETOR OF A BUSINESS, A SHAREHOLDER OF A SUBCHAPTER ´S´ CORPORATION, PARTNER IN A PARTNERSHIP, OR MEMBER OF A LIMITED LIABILITY COMPANY.
A. Article 5, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-515. Notwithstanding the rates imposed pursuant to Section 12-6-510, for tax years beginning after 2002 a maximum rate of five percent of South Carolina taxable income applies to income received by or attributed to a taxpayer as a result of the taxpayer's status as a:
(1) sole proprietor of a business;
(2) shareholder of a subchapter 'S' corporation;
(3) partner in a partnership; or
(4) member of a limited liability company.
The special rate allowed by this section does not apply for a guaranteed payment to a partner for personal service rendered by the partner for the partnership. Any credits allowed or authorized under the provisions of Title 12 which are credits against the taxes imposed pursuant to Sections 12-6-510 also apply to the tax imposed in this section."
B. This section takes effect July 1, 2003.
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
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:
Alexander Branton Cromer Elliott Fair Giese Gregory * Grooms Hawkins Hayes Knotts Kuhn * Leatherman Martin McConnell McGill Mescher Peeler Rankin Ravenel * Richardson * Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep *
Anderson Drummond Ford Glover Hutto Jackson * Land Leventis Malloy Matthews Moore Patterson * Pinckney Reese Setzler Short
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Amendment No. 316 was laid on the table.
The Senate resumed consideration of Part I.
Senator KUHN proposed the following Amendment No. 362 (22205HTC03.DOC), which was withdrawn:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 1, line 5, by:
COLUMN 7 COLUMN 8
/ STRIKING: 898,162 823,105
and
INSERTING: 815,881 740,794/
Amend the bill further, as and if amended, Section 1, page 1, line 6, by:
COLUMN 7 COLUMN 8
/ STRIKING: 23.00 20.25
and
INSERTING: (20.97) (18.23)/
Amend the bill further, as and if amended, Section 1, page 1, line 7, by:
COLUMN 7 COLUMN 8
/ STRIKING: 18,720 18,720
and
INSERTING: 16,848 16,848/
Amend the bill further, as and if amended, Section 1, page 1, line 10, by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,466,736 495,779
and
INSERTING: 1,417,158 446,201/
Amend the bill further, as and if amended, Section 1, page 1, line 17, by:
COLUMN 7 COLUMN 8
/ STRIKING: 13,949 13,949
and
INSERTING: 12,554 12,554/
Amend the bill further, as and if amended, Section 1, page 1, line 19, by:
COLUMN 7 COLUMN 8
/ STRIKING: 57,867 57,867
and
INSERTING: 52,080 52,080/
Amend the bill further, as and if amended, Section 1, page 1, line 26, by:
COLUMN 7 COLUMN 8
/ STRIKING: 4,690,649 2,616,083
and
INSERTING: 4,429,041 2,354,475/
Amend the bill further, as and if amended, Section 1, page 1, line 27, by:
COLUMN 7 COLUMN 8
/ STRIKING: 97.99 58.02
and
INSERTING: (92.19) (52.22)/
Amend the bill further, as and if amended, Section 1, page 1, line 32, by:
COLUMN 7 COLUMN 8
/ STRIKING: 82,307 21,600
and
INSERTING: 80,147 19,440/
Amend the bill further, as and if amended, Section 1, page 1, line 35, by:
COLUMN 7 COLUMN 8
/ STRIKING: 7,054,558 23,300
and
INSERTING: 7,052,228 20,970/
Amend the bill further, as and if amended, Section 1, page 1, line 39, by:
COLUMN 7 COLUMN 8
/ STRIKING: 398,557 398,557
and
INSERTING: 358,701 358,701/
Amend the bill further, as and if amended, Section 1, page 2, line 10, by:
COLUMN 7 COLUMN 8
/ STRIKING: 2.714.526 2,232,754
and
INSERTING: 2,491,261 2,009,479/
Amend the bill further, as and if amended, Section 1, page 2, line 11, by:
COLUMN 7 COLUMN 8
/ STRIKING: 68.38 58.13
and
INSERTING: (62.57) (52.32)/
Amend the bill further, as and if amended, Section 1, page 2, line 12, by:
COLUMN 7 COLUMN 8
/ STRIKING: 200,997 11,520
and
INSERTING: 199,845 10,368/
Amend the bill further, as and if amended, Section 1, page 2, line 15, by:
COLUMN 7 COLUMN 8
/ STRIKING: 2,892,809 443,187
and
INSERTING: 2,852,953 398,868/
Amend the bill further, as and if amended, Section 1, page 2, line 24, by:
COLUMN 7 COLUMN 8
/ STRIKING: 6,424,976 3,648,407
and
INSERTING: 6,060,135 3,283,566/
Amend the bill further, as and if amended, Section 1, page 2, line 25, by:
COLUMN 7 COLUMN 8
/ STRIKING: 157.34 91.69
and
INSERTING: (148.18) (82.52)/
Amend the bill further, as and if amended, Section 1, page 2, line 30, by:
COLUMN 7 COLUMN 8
/ STRIKING: 888,900 792
and
INSERTING: 888,821 713/
Amend the bill further, as and if amended, Section 1, page 2, line 33, by:
COLUMN 7 COLUMN 8
/ STRIKING: 6,096,750 1,030,129
and
INSERTING: 5,993,737 927,116/
Amend the bill further, as and if amended, Section 1, page 2, line 35, by:
COLUMN 7 COLUMN 8
/ STRIKING: 226,792 226,792
and
INSERTING: 204,113 204,113/
Amend the bill further, as and if amended, Section 1, page 3, line 5, by:
COLUMN 7 COLUMN 8
/ STRIKING: 2,538,002 2,130,034
and
INSERTING: 2,324,999 1,917,031/
Amend the bill further, as and if amended, Section 1, page 3, line 6, by:
COLUMN 7 COLUMN 8
/ STRIKING: (90.02) (78.35)
and
INSERTING: (81.19) (70.52)/
Amend the bill further, as and if amended, Section 1, page 3, line 9, by:
COLUMN 7 COLUMN 8
/ STRIKING: 35,760 5,760
and
INSERTING: 35,184 5,184/
Amend the bill further, as and if amended, Section 1, page 3, line 12, by:
COLUMN 7 COLUMN 8
/ STRIKING: 681,911 478,788
and
INSERTING: 634,032 430,909/
Amend the bill further, as and if amended, Section 1, page 3, line 20, by:
COLUMN 7 COLUMN 8
/ STRIKING: 39,857,042 38,357,042
and
INSERTING: 36,021,338 34,521,338/
Amend the bill further, as and if amended, Section 1, page 4, line 13, by:
COLUMN 7 COLUMN 8
/ STRIKING: 420,584 420,584
and
INSERTING: 378,526 378,526/
Amend the bill further, as and if amended, Section 1, page 4, line 14, by:
COLUMN 7 COLUMN 8
/ STRIKING: (8.00) (8.00)
and
INSERTING: (7.20) (7.20)/
Amend the bill further, as and if amended, Section 1, page 4, line 17, by:
COLUMN 7 COLUMN 8
/ STRIKING: 41,127 41,127
and
INSERTING: 37,014 37,014/
Amend the bill further, as and if amended, Section 1, page 10, line 26, by:
COLUMN 7 COLUMN 8
/ STRIKING: 393,438 393,438
and
INSERTING: 354,094 354,094/
Amend the bill further, as and if amended, Section 1, page 10, line 27, by:
COLUMN 7 COLUMN 8
/ STRIKING: (11.30) (11.30)
and
INSERTING: (10.17) (10.17)/
Amend the bill further, as and if amended, Section 1, page 10, line 28, by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,181,336 1,071,336
and
INSERTING: 1,074,202 964,202/
Amend the bill further, as and if amended, Section 1, page 10, line 29, by:
COLUMN 7 COLUMN 8
/ STRIKING: (21.62) (20.85)
and
INSERTING: (19.54) (18.77)/
Amend the bill further, as and if amended, Section 1, page 10, line 30, by:
COLUMN 7 COLUMN 8
/ STRIKING: 172,500 70,000
and
INSERTING: 165,500 63,000/
Amend the bill further, as and if amended, Section 1, page 10, line 33, by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,383,672 904,672
and
INSERTING: 1,293,205 814,205/
Amend the bill further, as and if amended, Section 1, page 10, line 37, by:
COLUMN 7 COLUMN 8
/ STRIKING: 400,974 359,174
and
INSERTING: 365,057 323,257/
Amend the bill further, as and if amended, Section 1, page 11, after line 14, by:
COLUMN 7 COLUMN 8
/ INSERTING:
AID SCHL DIST-EFA
-Hiring Additional Teachers 13,952,326 13,952,326/
Amend the bill further, as and if amended, Section 1, page 12, line 32, by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,187,273 1,098,773
and
INSERTING: 1,077,396 988,897/
Amend the bill further, as and if amended, Section 1, page 12, line 33, by:
COLUMN 7 COLUMN 8
/ STRIKING: (40.17) (38.42)
and
INSERTING: (36.33) (34.58)/
Amend the bill further, as and if amended, Section 1, page 12, line 34, by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,989,919 1,920,919
and
INSERTING: 1,797,827 1,728,827/
Amend the bill further, as and if amended, Section 1, page 12, line 35, by:
COLUMN 7 COLUMN 8
/ STRIKING: 38.32 37.07
and
INSERTING: (35.12) (33.36)/
Amend the bill further, as and if amended, Section 1, page 12, line 36, by:
COLUMN 7 COLUMN 8
/ STRIKING: 743,271 425,000
and
INSERTING: 700,771 382,500/
Amend the bill further, as and if amended, Section 1, page 12, line 39, by:
COLUMN 7 COLUMN 8
/ STRIKING: 2,261,152 1,811,152
and
INSERTING: 2,080,000 1,630,037/
Amend the bill further, as and if amended, Section 1, page 13, line 1, by:
COLUMN 7 COLUMN 8
/ STRIKING: 771,843 692,843
and
INSERTING: 702,559 623,559/
Amend the bill further, as and if amended, Section 1, page 13, line 10, by:
COLUMN 7 COLUMN 8
/ STRIKING: 647,702 647,702
and
INSERTING: 582,932 582,932/
Amend the bill further, as and if amended, Section 1, page 13, line 11, by:
COLUMN 7 COLUMN 8
/ STRIKING: (6.00) (6.00)
and
INSERTING: (5.40) (5.40)/
Amend the bill further, as and if amended, Section 1, page 13, line 14, by:
COLUMN 7 COLUMN 8
/ STRIKING: 565,174 565,174
and
INSERTING: 508,657 508,657/
Amend the bill further, as and if amended, Section 1, page 13, line 16, by:
COLUMN 7 COLUMN 8
/ STRIKING: 10,976,277 10,976,277
and
INSERTING: 9,878,649 9,878,649/
Amend the bill further, as and if amended, Section 1, page 13, line 17, by:
COLUMN 7 COLUMN 8
/ STRIKING: 13,524,562 13,524,562
and
INSERTING: 12,172,106 12,172,106/
Amend the bill further, as and if amended, Section 1, page 13, line 19, by:
COLUMN 7 COLUMN 8
/ STRIKING: 5,314,831 5,314,832
and
INSERTING: 4,783,348 4,783,348/
Amend the bill further, as and if amended, Section 1, page 13, line 20, by:
COLUMN 7 COLUMN 8
/ STRIKING: 21,000.000 21,000,000
and
INSERTING: 18,900,000 18,900.000/
Amend the bill further, as and if amended, Section 1, page 13, line 21, by:
COLUMN 7 COLUMN 8
/ STRIKING: 58,722 58,722
and
INSERTING: 52,850 52,850/
Amend the bill further, as and if amended, Section 1, page 13, line 30, by:
COLUMN 7 COLUMN 8
/ STRIKING: 298,900 298,900
and
INSERTING: 269,010 269,010/
Amend the bill further, as and if amended, Section 1, page 13, line 31, by:
COLUMN 7 COLUMN 8
/ STRIKING: (17.00)
and
INSERTING: (14.40) /
Amend the bill further, as and if amended, Section 1, page 13, line 32, by:
COLUMN 7 COLUMN 8
/ STRIKING: 67,200 67,200
and
INSERTING: 60,480 60,480/
Amend the bill further, as and if amended, Section 1, page 13, line 33, by:
COLUMN 7 COLUMN 8
/ STRIKING: (1.00)
and
INSERTING: (.90) /
Amend the bill further, as and if amended, Section 1, page 14, line 37, by:
COLUMN 7 COLUMN 8
/ STRIKING: 21,831,325 18,174,321
and
INSERTING: 20,013,893 16,356,889/
Amend the bill further, as and if amended, Section 1, page 14, line 7, by:
COLUMN 7 COLUMN 8
/ STRIKING: 8,687,007 6,705,493
and
INSERTING: 8,016,458 6,034,944/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator KUHN explained the amendment.
Senator KUHN asked unanimous consent to make a motion to amend the amendment.
Senator SETZLER objected.
Senator KUHN explained the amendment.
Senator KUHN asked unanimous consent to make a motion to amend the amendment.
Senator SETZLER objected.
Senator KUHN continued explaining the amendment.
At 8:27 P.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Senator KUHN continued explaining the amendment.
At 8:29 P.M., the PRESIDENT assumed the Chair.
Senator KUHN continued explaining the amendment.
On motion of Senator KUHN, with unanimous consent, Amendment No. 362 was withdrawn.
Senator MOORE proposed the following amendment (3749B004.TLM.DOC), which was adopted (#47A):
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: 965,088,379 965,088,379/
Amend the bill further, as and if amended, Section 1, page 9, line 11, by striking opposite
COLUMN 7 COLUMN 8
237,366/
Amend the bill further, as and if amended, Section 1, page 9, lines 32 and 33, by striking opposite
COLUMN 7 COLUMN 8
/ 1,062,774
Amend the bill further, as and if amended, Section 1, page 10, line 14, by striking opposite
COLUMN 7 COLUMN 8
/ 47,473
/ Amend the bill further, as and if amended, Section 1, page 6, line 4, by:
COLUMN 7 COLUMN 8
STRIKING: 1,941,804
and
INSERTING: 2,589,506 /
Amend the bill further, as and if amended, Section 1, page 6, line 5, by:
/ STRIKING: (36.77)
and
INSERTING: (42.77) /
Amend the bill further, as and if amended, Section 1, page 6, line 11, by:
/ COLUMN 7 COLUMN 8
STRIKING: 3,694,435
and
INSERTING: 4,259,609 /
Amend the bill further, as and if amended, Section 1, page 6, line 22, by inserting opposite:
/ COLUMN 7 COLUMN 8
Summer School 134,737 /
Amend the bill further, as and if amended, Section 1, page 13, line 10, by striking:
/ COLUMN 7 COLUMN 8
647,702 647,702/
Amend the bill further, as and if amended, Section 1, page 13, line 11, by striking:
/ COLUMN 7 COLUMN 8
(6) (6)/
Amend the bill further, as and if amended, Section 1, page 13, line 14, by striking:
/ COLUMN 7 COLUMN 8
565,174 565,174/
Amend the bill further, as and if amended, Section 1, page 13, line 20, by:
/ COLUMN 7 COLUMN 8
STRIKING: 21,000,000 21,000,000
and
INSERTING: 20,865,263 20,865,263/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
Senator RITCHIE raised a Point of Order that Amendment No. 367A was out of order inasmuch as it was violative of Rule 24.
The PRESIDENT overruled the Point of Order.
The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton Courson Cromer Drummond Elliott Giese Glover Grooms Hawkins Hutto Knotts Land Leventis Malloy Martin McConnell Mescher Moore Peeler Pinckney Rankin Ravenel Reese Richardson Short Smith, J. Verne Thomas Waldrep
Anderson Fair Ford Gregory Hayes Kuhn Leatherman Matthews McGill Ritchie Ryberg Setzler Verdin
The amendment was adopted.
Senator RITCHIE proposed the following Amendment No. 384 (9860MM03.DOC), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 15, line 10, by:
COLUMN 7 COLUMN 8
/ STRIKING: 28,000,000
and
INSERTING: 34,000,000 /
Amend the bill further, as and if amended, Section 1AA, page 15, line 12, by striking opposite:
/COLUMN 7 COLUMN 8
Tuition Assistance - Unclaimed Prize/ 5,000,000 /
Amend the bill further, as and if amended, Section 1AA, page 15, line 14, by:
COLUMN 7 COLUMN 8
/ STRIKING: 5,000,000
and
INSERTING: 6,000,000 /
Amend the bill further, as and if amended, Section 1AA, page 15, line 21, by:
COLUMN 7 COLUMN 8
/ STRIKING: 12,000,000
and
INSERTING: 14,500,000 /
Amend the bill further, as and if amended, Section 1AA, page 15, by inserting after line 21:
COLUMN 7 COLUMN 8
/ S.C. Higher Education Equalization
Program - Federal Match 3,000,0000 3,000,000/
Amend the bill further, as and if amended, Section 1AA, page 15, by inserting after line 21:
COLUMN 7 COLUMN 8
/ Scholarship Reserve Fund 5,000,000 5,000,000/
Amend the bill further, as and if amended, Section 1AA, page 15, line 34, by striking opposite:
COLUMN 7 COLUMN 8
EAA/ 22,000,000 /
Amend the bill further, as and if amended, Section 1AA, page 15, line 37, by:
COLUMN 7 COLUMN 8
/ STRIKING:
and
INSERTING: 3,000,000 /
Amend the bill further, as and if amended, Section 1AA, page 16, by inserting after line 12:
COLUMN 7 COLUMN 8
/ F. Dept. of Commerce
- SBIR Grant Match 1,500,000 /
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 351, by adding an appropriately numbered paragraph at the end to read:
/ 1.____(SDE: SDE: Reallocation of Administrative Funds) The State Department of Education must reallocate an additional $22,000,000 for EAA technical assistance items in excess of those technical assistance items funded in subsection XI.4 and in subsection XV from funds appropriated for the State Department of Education administration, personal service, and other operating expense appropriations. Appropriations to the department for the following purposes must not be considered for reallocation or reduction pursuant to this paragraph: instructional materials, school bus shops, buses, Governor's Schools, and First Steps, as appropriated in Part IA, SECTION 1. VII B, C, and D, and SECTIONS XII, XIV, and XVI. Amounts reallocated pursuant to this paragraph are deemed to have been appropriated for this purpose.
Amend the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 362, Proviso 1AA.1, line 28, by striking / $28,000,000 /and inserting:
/ $34,000,000 /
Amend the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 362, Proviso 1AA.1, line 35, by striking / $12,000,000 /and inserting:
/ $14,500,000 /
Amend the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 362, Proviso 1AA.1, by inserting after line 36, the following:
/ S.C. Higher Education Equalization Program-Federal Match $3,000,000
Scholarship Reserve Fund $5,000,000 /
Amend the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 363, Proviso 1AA.1, by striking line 6, and inserting:
/ School Bus Purchase/Repair $ 3,000,000 /
Amend the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 363, Proviso 1AA.1, after line 9, by inserting:
/ Department of Commerce
SBIR Grant Match $1,500,000 /
Amend the bill further, as and if amended, Part 1B, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 363, Proviso 1AA.1, by deleting lines 10-12.
Amend the bill further, as and if amended, Part 1B, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 363, Proviso 1AA.1, by striking lines 19-22 and inserting:
/ For Fiscal Year 2003-2004 the first $5,000,000 of unclaimed prize money is appropriated to the Department of Education for instructional materials. Any revenue in excess of the $5,000,000 must be appropriated to the State Department of Education for the purchase and repair of school buses. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RITCHIE explained the amendment.
Senator SETZLER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Drummond Elliott Ford Giese Glover Hayes Hutto Kuhn Land Leatherman Leventis Malloy Matthews McGill Moore Pinckney Rankin Richardson Setzler Short Smith, J. Verne Waldrep
Branton Courson Cromer Fair Gregory Grooms Hawkins Knotts Martin McConnell Mescher Peeler Ravenel Reese Ritchie Ryberg Thomas Verdin
The amendment was laid on the table.
Senator MOORE asked unanimous consent to make a motion to take up Amendment No. 290 for immediate consideration.
There was no objection.
Senator MOORE proposed the following Amendment No. 290 (AMD3749-14-1), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 15, lines 35 and 36 by:
COLUMN 7 COLUMN 8
/ STRIKING
K-5 Reading, Math, Science
& Social Studies 34,000,000
and
INSERTING
Classroom Instructional &
Support Staff Bonus 34,000,000 /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
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:
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
Elliott Ford Glover Hutto Jackson Land Leventis Malloy Matthews McGill Moore Pinckney Rankin Reese Setzler Short
The amendment was laid on the table.
Senator McGILL asked unanimous consent to take up Amendment No. 391 for immediate consideration.
There was no objection.
Senator ALEXANDER proposed the following Amendment No. 391 (9862MM03.DOC), which was adopted (#48):
Amend the bill, as and if amended, Part IB, Section 23, CLEMSON UNIVERSITY (PUBLIC SERVICE ACTIVITIES), page 403, after line 7, by adding an appropriately numbered paragraph to read:
/ 23.__ (CU-PSA: Pesticide Registration Surcharge) (A) In addition to all other fees imposed by law, for Fiscal Year 2003-2004, all persons who are required to register annually any pesticide are subject to regulation by Clemson University PSA and shall pay a surcharge of seventy-five dollars for each product registered. The revenue generated by this surcharge must be retained by the Clemson University PSA.
(B) The first $140,000 in revenue from pesticide registration surcharges must be retained by regulatory and public service programs to apply to expenses of centralizing its personnel and relocating its laboratories from the Poole Agricultural Center. All revenues collected from pesticide registration surcharges fees in excess of $140,000 and up to $50,000 of revenues collected from structural pest control businesses for business licensing must be retained by regulatory and public service programs to carry out provisions of the S.C. Pesticide Control Act as amended and pursuant to regulations related to it. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator McGILL explained the amendment.
Senator McGILL moved that the amendment be adopted.
The amendment was adopted.
Senators McGILL and O'DELL proposed the following Amendment No. 370 (11791AC03.DOC), which was tabled:
Amend the bill, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 85, line 2, by:
COLUMN 7 COLUMN 8
/ STRIKING: 507,067,429 121,324,093
and
INSERTING: 687,355,654 175,680,993/
Amend the bill further, as and if amended, Section 8, page 85, line 3, by:
COLUMN 7 COLUMN 8
/ STRIKING: 304,806,227 84,106,837
and
INSERTING: 350,388,314 97,849,836/
Amend the bill further, as and if amended, Section 8, page 85, line 5, by:
COLUMN 7 COLUMN 8
/ STRIKING: 362,038,364 58,508,352
and
INSERTING: 545,413,283 113,795,890/
Amend the bill further, as and if amended, Section 8, page 85, line 6, by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,789,968,176 44,921,856
and
INSERTING: 1,840,974,779 60,300,347/
Amend the bill further, as and if amended, Section 8, page 85, line 7, by:
COLUMN 7 COLUMN 8
/ STRIKING: 35,247,885 8,960,154
and
INSERTING: 85,134,167 24,000,868/
Amend the bill further, as and if amended, Section 8, page 85, line 9, by:
COLUMN 7 COLUMN 8
/ STRIKING: 76,734,858 21,027,115
and
INSERTING: 86,017,813 23,825,926/
Amend the bill further, as and if amended, Section 8, page 85, line 10, by:
COLUMN 7 COLUMN 8
/ STRIKING: 63,226,359 15,778,440
and
INSERTING: 130,182,684 35,965,772/
Amend the bill further, as and if amended, Section 8, page 85, line 11, by:
COLUMN 7 COLUMN 8
/ STRIKING: 15,801,160 1,477,574
and
INSERTING: 20,446,710 1,942,129/
Amend the bill further, as and if amended, Section 8, page 85, line 12, by:
COLUMN 7 COLUMN 8
/ STRIKING: 76,890,501 19,919,538
and
INSERTING: 92,563,224 24,644,864/
Amend the bill further, as and if amended, Section 8, page 85, line 13, by:
COLUMN 7 COLUMN 8
/ STRIKING: 5,355,513 5,269,199
and
INSERTING: 7,512,538 7,426,224/
Amend the bill further, as and if amended, Section 8, page 85, line 14, by:
COLUMN 7 COLUMN 8
/ STRIKING: 3,326,077 894,595
and
INSERTING: 5,453,102 1,535,893/
Amend the bill further, as and if amended, Section 8, page 85, line 15, by:
COLUMN 7 COLUMN 8
/ STRIKING: 15,680,891 14,998,364
and
INSERTING: 20,147,863 18,300,532/
Amend the bill further, as and if amended, Section 8, page 85, line 17, by:
COLUMN 7 COLUMN 8
/ STRIKING: 62,652,585 14,799,649
and
INSERTING: 87,409,908 22,263,982/
Amend the bill further, as and if amended, Section 8, page 85, line 18, by:
COLUMN 7 COLUMN 8
/ STRIKING: 42,825,912 10,723,351
and
INSERTING: 56,796,711 14,935,547/
Amend the bill further, as and if amended, Section 8, page 85, line 20, by:
COLUMN 7 COLUMN 8
/ STRIKING: 35,000,491 8,739,458
and
INSERTING: 72,093,878 19,923,114/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator McGILL explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator RYBERG proposed the following Amendment No. 383 (3572MM03.DOC), which was adopted (#49), later reconsidered and adopted (#49):
Amend the bill, as and if amended, Part IA, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 127, line 24, opposite /HERITAGE PREGNANCY PREVENTION/ by:
COLUMN 7 COLUMN 8
/ STRIKING: 600,000 600,000
and
INSERTING: 140,000 140,000 /
Amend further, Part IA, SECTION 13, DEPARTMENT OF SOCIAL SERVICES, page 127, by inserting after line 24:
COLUMN 7 COLUMN 8
/ CAMPAIGN TO PREVENT
TEEN PREGNANCY 460,000 460,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
Senator RYBERG moved that the amendment be adopted.
The amendment was adopted.
Senator GROOMS desired to be recorded as voting against the adoption of Amendment No. 383.
Senator LEVENTIS proposed the following Amendment No. 385 (DCSLED CUT RESTORATION.DOC), which was tabled:
Amend the bill, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 262, line 20, by:
COLUMN 7 COLUMN 8
/ STRIKING: 2,251,070 2,251,070
and
INSERTING: 3,409,123 3,409,123/
Amend the bill further, as and if amended, Section 56B, page 265, line 24, by:
COLUMN 7 COLUMN 8
/ STRIKING: 3,019,089 3,019,089
and
INSERTING: 4,652,990 4,652,990/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEVENTIS explained the amendment.
Senator LEVENTIS moved that the amendment be adopted.
Senator PEELER 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 Gregory Grooms Hawkins Hayes Knotts Kuhn Leatherman Martin McConnell McGill Mescher Peeler Ravenel Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep
Anderson Drummond Elliott Glover Hutto Jackson Land Leventis Malloy Matthews Moore Pinckney Rankin Reese Richardson Setzler Short
The amendment was laid on the table.
We would love to support this increase of funds for SLED but there is no money to fund the restoration in its base. The fiscally responsible thing to do to avoid tax increases is to hold that line on expenditures. This is one line item we would love to restore but we can't and balance the Bill.
Having voted on the prevailing side, Senator VERDIN moved to reconsider the vote whereby Amendment No. 383 was adopted (#49).
The motion to reconsider was adopted.
The question then was the adoption of Amendment No. 383.
Senator RYBERG proposed the following Amendment No. 383 (3572MM03.DOC), which was adopted (#49):
Amend the bill, as and if amended, Part IA, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 127, line 24, opposite /HERITAGE PREGNANCY PREVENTION/ by:
COLUMN 7 COLUMN 8
/ STRIKING: 600,000 600,000
and
INSERTING: 140,000 140,000 /
Amend further, Part IA, SECTION 13, DEPARTMENT OF SOCIAL SERVICES, page 127, by inserting after line 24:
COLUMN 7 COLUMN 8
/ CAMPAIGN TO PREVENT
TEEN PREGNANCY 460,000 460,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
At 9:45 P.M., Senator COURSON assumed the Chair.
Senator RYBERG moved that the amendment be adopted.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 376 (9855SL03.DOC), which was adopted (#50):
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 351, by adding an appropriately numbered paragraph after line 16 to read:
/ 1.__ (SDE: First Steps to School Readiness) For fiscal year2003-2004, the Office of First Steps shall negotiate existing contracts for financial management and accounting services through the Materials Management Office with current accounting firms in order to reduce contract amounts to be in line with county allocations. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senator WALDREP proposed the following Amendment No. 378 (20638SD03.DOC), which was adopted (#51):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 351, by adding after line 16, a new paragraph to be appropriately numbered to read:
/1.__ (SDE: School District Furlough) For the 2003-2004 fiscal year only, if state funds appropriated for a school district in this State are less than state funds appropriated for that school district in the preceding fiscal year, or if the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, school districts may institute employee furlough programs for district-level and school-level professional staff classified as instructional-related personnel by the State Department of Education. No instructional personnel nor support staff as classified by the State Department of Education may be furloughed. Before any of these employees may be furloughed, the chairman of the governing body of the school district must certify that all fund flexibility provided by the General Assembly has been utilized by the district and that the furlough is necessary to avoid a year-end deficit and a reduction in force. The certification must include a detailed report by the superintendent of the specific action taken by the district to avoid a year-end deficit. The certification and report must be in writing and delivered to the State Superintendent of Education and a copy must be forwarded to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.
The local school district board of trustees may implement a furlough of these instructional-related professional staff personnel once certification to the State Superintendent documents all funding flexibility has been exhausted and continued year-end deficits exist. Local school boards of trustees shall have the authority to authorize furloughs of these employees in the manner in which it sees fit. However, they may not be furloughed for a period exceeding ten days. The local school district board of trustees shall provide for furlough days only on non-instructional days.
During any furlough, affected employees shall be entitled to participate in the same benefits as otherwise available to them except for receiving their salaries. As to those benefits that require employer and employee contributions, including, but not limited to, contributions to the South Carolina Retirement System or the optional retirement program, the district will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions. Placement of an employee on furlough under this provision does not constitute a grievance or appeal under any employee grievance procedure. The district may allocate the employee's reduction in pay over the balance of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs.
This proviso shall not abrogate the terms of any contract between any school district and its employees. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator WALDREP explained the amendment.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 372 (3749B008.NGS.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 396, after line 3, by adding an appropriately numbered paragraph to read:
/ 13. . DSS: Cities in Schools) The department shall allocate $2,000,000 to Cities in Schools./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ELLIOTT proposed the following Amendment No. 379 (ELLIOTT251.DE.DOC), which was adopted (#52):
Amend the bill, as and if amended, Part IB, Section 25, SEA GRANT CONSORTIUM, page 405, paragraph 25.1, beginning with line 32, by amending the proviso to read:
/"25.1. (SGC: Publications Revenue) Funds generated by the sale of pamphlets, books, and other printed promotional materials, the production of which has been supported paid for by non-state funding, may be deposited in a special account by the consortium and utilized as other funds for the purchase of additional pamphlets, books, and other printed promotional materials for distribution to the public."/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
The amendment was adopted.
At 10:28 P.M., the PRESIDENT assumed the Chair.
Senators KNOTTS and LEVENTIS proposed the following Amendment No. 382 (DAD-SLED EXPUNGEMENT INNOCENT ETC.DOC), which was adopted (#53):
Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 447, after line 33, by adding an appropriately numbered paragraph to read:
/ 56DD. (GOV: SLED--Expungement Requests) The State Law Enforcement Division is authorized to collect a twenty-five dollar expungement fee for each request to expunge criminal records. These funds shall be used to offset the operational and research expenses associated with processing these expungement requests. SLED is authorized to collect, retain, expend, and carry forward these funds. Persons found not guilty by a court of competent jurisdiction or where charges have been dismissed or nolle prossed shall be excluded from the fee requirement. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator KNOTTS explained the amendment.
Senator KNOTTS moved that the amendment be adopted.
The amendment was adopted.
Senator RITCHIE proposed the following Amendment No. 390 (BEHSR-BCB01.DOC), which was adopted (#54):
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, paragraph 63.4, beginning on page 455, beginning on line 19, by striking the proviso in its entirety and inserting:
/ 63.4. (BCB: Computer Services Consolidation) It is the intent of the General Assembly to consolidate management of computing services and computer support services under the Budget and Control Board. The Executive Director of the Budget and Control Board developed a long-term strategic plan to accomplish this consolidation and to centralize all State Data Centers. The Executive Director of the Budget and Control Board, in consultation with the Governor, Chairman of the Senate Finance Committee, and the Chairman of the Ways and Means Committee, implemented the Data Center Consolidation Plan as presented to and approved by the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee on January 15, 1997. The plan is structured in phases with a final implementation date no later than July 2001. All agencies affected by this plan are required to comply with the directives and mandates inherent in this planning document and must transfer any needed fixed assets, staff, and associated FTEs to the Budget and Control Board at such time as they are requested. The Legislature, Judiciary, higher education institutions, and technical education institutions are exempt from this proviso. The Board shall report annually in its Agency Accountability Report appropriate performance measures relative to the operation of the Consolidated Data Center.
Likewise, it It is the intent of the General Assembly to pursue application consolidation, where feasible, as referenced in the Consolidation Plan. The Board is authorized to assist in implementing the implementation of a statewide financial management and resource planning system for all agencies, with the exception of lump-sum agencies. All Any of these agencies desiring new financial management purchasing, financial, human resources, payroll, or budgeting systems will be encouraged to utilize the are urged to procure the statewide financial management and resources planning system overseen by the South Carolina Enterprise Information System Oversight Committee and endorsed and supported as a common statewide system by the Comptroller General and to use the common equipment and software located in used and supported by the Budget and Control Board's Consolidated Data Center Division of State CIO. If an Any agency determines that it is necessary to deviate from the statewide system, desiring to implement a system other than the approved statewide financial management and resource planning system must first obtain the approval from the Budget and Control Board's Division of the State CIO and the Comptroller General and once approval is obtained the agency will be assessed a one-time charge payable to the Budget and Control Board to develop the interface interfaces to the statewide system superintended by the Comptroller General's systems General. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RITCHIE explained the amendment.
Senator RITCHIE moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 366 (11783AC03.DOC), which was adopted (#55):
Amend the bill, as and if amended, Part IB, Section 69A, AID TO SUBDIVISIONS - COMPTROLLER GENERAL, page 471, by adding an appropriately numbered paragraph after line 23 to read:
/ 69A.___. (AS-CG: Legislative Delegations) In the current fiscal year, a county government must fund its legislative delegation budget as approved by the delegation for in FY 2002-2003, as authorized by law. If a county council does not meet that funding level, the amount of the shortfall must be deducted from the responsible county's Aid to Subdivisions allocation and forwarded to the legislation delegation of the county. Additionally, the responsible county's remaining Aid to Subdivisions allotment must be reduced by twenty-five percent of the shortfall amount, which sum must be forwarded to the legislative delegation to be used for its administrative costs. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 364 (AMD3749TLMFC44A), which was adopted (#56):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 500, beginning with line 17, by striking Proviso 72.102 in its entirety and inserting:
/ 72.102. (GP: RIF-Break in Service) Notwithstanding any other provision of law, any state employee who is terminated as a result of an agency reduction in force caused by a mandated reduction in the agency budget who is subsequently re-employed in state government within a two-year period from December 31st of the year in which the reduction in force occurred, must have his state employment benefits calculated as if there had been no break in state service. After re-employment an employee has the option to purchase the retirement service credit for this period of time as an approved leave of absence. Within thirty days of being re-employed, an employee also has the option to repurchase from the hiring agency any or all of the leave previously paid to the employee at the same per-day rate as the former employee was compensated. /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator MOORE spoke on the amendment.
The amendment was adopted.
Senator MARTIN proposed the following Amendment No. 397 (NGSPART2FLEX), which was adopted (#57):
Amend the bill, as and if amended, by adding after the last Part IB section, the following:
/ PART II
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-21-1050 SO AS TO PROVIDE FOR SCHOOL DISTRICT AND SCHOOL FLEXIBILITY IN THE TRANSFER AND EXPENDITURE OF FUNDS.
A. Article 8, Chapter 21, Title 59 of the 1976 Code is amended by adding:
"Section 59-21-1050. For fiscal year 2003-2004, all school districts and special schools of this State may transfer 100% of the funds between programs to any instructional program with the same funding source and may make expenditures for direct classroom instructional programs from any state source without regard to fund type with the exception of school building bond funds. Expenditure codes established by the Department of Education must be used by the school districts and reported to the Department accordingly and provided to the members of the General Assembly upon request.
B. This section takes effect July 1, 2003.
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator SETZLER asked unanimous consent that, if the motion to reconsider third reading of the General Appropriation Bill per the unanimous consent agreement of May 15, 2003, is agreed to, then Amendment #397 would be subject to a motion to reconsider.
There was no objection.
The amendment was adopted.
At 10:37 P.M., Senator McCONNELL assumed the Chair.
Senator GROOMS proposed the following Amendment No. 393 (1636MM03.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 500, by adding an appropriately numbered paragraph at the end of the section to read:
/ 72.___. (GP: Admission Tax on Lottery). There must be levied, assessed, collected, and paid upon paid admissions to places selling lottery tickets within this State a license tax of five percent. The license tax must be listed separately, on the face of the ticket, from the cost of the lottery ticket. The tax imposed by this section must be paid by the person or persons paying the lottery ticket price and must be collected and remitted to the South Carolina Department of Revenue by the person or persons collecting the price of the lottery ticket at the point of sale. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator LEATHERMAN raised a Point of Order that Amendment No. 393 was out of order inasmuch as it was violative of Rule 24.
Senators GROOMS, MOORE and RITCHIE spoke on the Point of Order.
The PRESIDENT PRO TEMPORE sustained the Point of Order.
Amendment No. 393 was ruled out of order.
Senators RYBERG, RICHARDSON, RITCHIE, KNOTTS, MOORE, SETZLER, LEVENTIS, and SHORT proposed the following amendment (3749R041.WGR.DOC), which was adopted (#58):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 500, by adding an appropriately numbered paragraph to read:
/ 72.__. (GP: Undesignated Agency Budget Items). An agency receiving appropriated funds that have been designated for allocation to a particular project or program through the intervention of a member of the General Assembly must include in its budget a specific line for that specific item that also includes the name or names of the intervening legislators. An agency receiving such funds without including the requisite line item must repay the amount received in full. All revenue generated by this paragraph must be deposited in the general fund and allocated to the Education Finance Act to increase the base student cost. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Cromer Drummond Elliott Fair Giese Glover Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Leventis Malloy Martin Matthews McConnell Mescher Moore Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Short Smith, J. Verne Thomas Verdin Waldrep
Land Leatherman McGill
The amendment was adopted.
Senators McCONNELL and MARTIN proposed the following Amendment No. 368 (DADPRVTDONATIONS.DOC), which was adopted (#59):
Amend the bill, as and if amended, Part IB, Section 73, SECTION 73, page 501, after line 31, by adding an appropriately numbered paragraph to read:
/ 73.__. (Private Donation Trust Funds) It is the intent of the General Assembly that during Fiscal Year 2003-04, no interest or any other funds contained within any trust fund that receives funds from private donations may be removed for use for any purpose other than that for which the donation was originally intended. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MARTIN explained the amendment.
Senator MARTIN moved that the amendment be adopted.
The amendment was adopted.
Senator PEELER proposed the following Amendment No. 398 (3578DW03.DOC), which was ruled out of order:
Amend the bill, as and if amended, page 502, by inserting after line 2:
PERMANENT PROVISIONS
SECTION __
TO REPEAL SECTION 22-2-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY EXAMINATIONS FOR MAGISTRATES.
Section 22-2-5 of the 1976 Code is repealed. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
Senator LEATHERMAN raised a Point of Order that Amendment No. 398 was out of order inasmuch as it was violative of Rule 24.
The PRESIDENT PRO TEMPORE sustained the Point of Order.
Amendment No. 398 was ruled out of order.
At 11:09 P.M., on motion of Senator SETZLER, the Senate receded from business not to exceed ten minutes.
At 11:27 P.M., the Senate resumed.
At 11:27 P.M., the PRESIDENT assumed the Chair.
Senator KUHN proposed the following Amendment No. 392A (3577DW03.DOC), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 1, line 5, by:
COLUMN 7 COLUMN 8
/ STRIKING: 898,162 823,105
and
INSERTING: 815,881 740,794/
Amend the bill further, as and if amended, Section 1, page 1, line 6, by:
COLUMN 7 COLUMN 8
/ STRIKING: 23.00 20.25
and
INSERTING: (20.97) (18.23)/
Amend the bill further, as and if amended, Section 1, page 1, line 7, by:
COLUMN 7 COLUMN 8
/ STRIKING: 18,720 18,720
and
INSERTING: 16,848 16,848/
Amend the bill further, as and if amended, Section 1, page 1, line 10, by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,466,736 495,779
and
INSERTING: 1,417,158 446,201/
Amend the bill further, as and if amended, Section 1, page 1, line 17, by:
COLUMN 7 COLUMN 8
/ STRIKING: 13,949 13,949
and
INSERTING: 12,554 12,554/
Amend the bill further, as and if amended, Section 1, page 1, line 19, by:
COLUMN 7 COLUMN 8
/ STRIKING: 57,867 57,867
and
INSERTING: 52,080 52,080/
Amend the bill further, as and if amended, Section 1, page 1, line 26, by:
COLUMN 7 COLUMN 8
/ STRIKING: 4,690,649 2,616,083
and
INSERTING: 4,429,041 2,354,475/
Amend the bill further, as and if amended, Section 1, page 1, line 27, by:
COLUMN 7 COLUMN 8
/ STRIKING: 97.99 58.02
and
INSERTING: (92.19) (52.22)/
Amend the bill further, as and if amended, Section 1, page 1, line 32, by:
COLUMN 7 COLUMN 8
/ STRIKING: 82,307 21,600
and
INSERTING: 80,147 19,440/
Amend the bill further, as and if amended, Section 1, page 1, line 35, by:
COLUMN 7 COLUMN 8
/ STRIKING: 7,054,558 23,300
and
INSERTING: 7,052,228 20,970/
Amend the bill further, as and if amended, Section 1, page 1, line 39, by:
COLUMN 7 COLUMN 8
/ STRIKING: 398,557 398,557
and
INSERTING: 358,701 358,701/
Amend the bill further, as and if amended, Section 1, page 2, line 10, by:
COLUMN 7 COLUMN 8
/ STRIKING: 2.714.526 2,232,754
and
INSERTING: 2,491,261 2,009,479/
Amend the bill further, as and if amended, Section 1, page 2, line 11, by:
COLUMN 7 COLUMN 8
/ STRIKING: 68.38 58.13
and
INSERTING: (62.57) (52.32)/
Amend the bill further, as and if amended, Section 1, page 2, line 12, by:
COLUMN 7 COLUMN 8
/ STRIKING: 200,997 11,520
and
INSERTING: 199,845 10,368/
Amend the bill further, as and if amended, Section 1, page 2, line 15, by:
COLUMN 7 COLUMN 8
/ STRIKING: 2,892,809 443,187
and
INSERTING: 2,852,953 398,868/
Amend the bill further, as and if amended, Section 1, page 2, line 24, by:
COLUMN 7 COLUMN 8
/ STRIKING: 6,424,976 3,648,407
and
INSERTING: 6,060,135 3,283,566/
Amend the bill further, as and if amended, Section 1, page 2, line 25, by:
COLUMN 7 COLUMN 8
/ STRIKING: 157.34 91.69
and
INSERTING: (148.18) (82.52)/
Amend the bill further, as and if amended, Section 1, page 2, line 30, by:
COLUMN 7 COLUMN 8
/ STRIKING: 888,900 792
and
INSERTING: 888,821 713/
Amend the bill further, as and if amended, Section 1, page 2, line 33, by:
COLUMN 7 COLUMN 8
/ STRIKING: 6,096,750 1,030,129
and
INSERTING: 5,993,737 927,116/
Amend the bill further, as and if amended, Section 1, page 2, line 35, by:
COLUMN 7 COLUMN 8
/ STRIKING: 226,792 226,792
and
INSERTING: 204,113 204,113/
Amend the bill further, as and if amended, Section 1, page 3, line 5, by:
COLUMN 7 COLUMN 8
/ STRIKING: 2,538,002 2,130,034
and
INSERTING: 2,324,999 1,917,031/
Amend the bill further, as and if amended, Section 1, page 3, line 6, by:
COLUMN 7 COLUMN 8
/ STRIKING: (90.02) (78.35)
and
INSERTING: (81.19) (70.52)/
Amend the bill further, as and if amended, Section 1, page 3, line 9, by:
COLUMN 7 COLUMN 8
/ STRIKING: 35,760 5,760
and
INSERTING: 35,184 5,184/
Amend the bill further, as and if amended, Section 1, page 3, line 12, by:
COLUMN 7 COLUMN 8
/ STRIKING: 681,911 478,788
and
INSERTING: 634,032 430,909/
Amend the bill further, as and if amended, Section 1, page 4, line 13, by:
COLUMN 7 COLUMN 8
/ STRIKING: 420,584 420,584
and
INSERTING: 378,526 378,526/
Amend the bill further, as and if amended, Section 1, page 4, line 14, by:
COLUMN 7 COLUMN 8
/ STRIKING: (8.00) (8.00)
and
INSERTING: (7.20) (7.20)/
Amend the bill further, as and if amended, Section 1, page 4, line 17, by:
COLUMN 7 COLUMN 8
/ STRIKING: 41,127 41,127
and
INSERTING: 37,014 37,014/
Amend the bill further, as and if amended, Section 1, page 11, after line 14, by:
COLUMN 7 COLUMN 8
/ INSERTING:
AID SCHL DIST-EFA 7,387,851 7,387,851/
Amend the bill further, as and if amended, Section 1, page 13, line 10, by:
COLUMN 7 COLUMN 8
/ STRIKING: 647,702 647,702
and
INSERTING: 582,932 582,932/
Amend the bill further, as and if amended, Section 1, page 13, line 11, by:
COLUMN 7 COLUMN 8
/ STRIKING: (6.00) (6.00)
and
INSERTING: (5.40) (5.40)/
Amend the bill further, as and if amended, Section 1, page 13, line 14, by:
COLUMN 7 COLUMN 8
/ STRIKING: 565,174 565,174
and
INSERTING: 508,657 508,657/
Amend the bill further, as and if amended, Section 1, page 13, line 16, by:
COLUMN 7 COLUMN 8
/ STRIKING: 10,976,277 10,976,277
and
INSERTING: 9,878,649 9,878,649/
Amend the bill further, as and if amended, Section 1, page 13, line 17, by:
COLUMN 7 COLUMN 8
/ STRIKING: 13,524,562 13,524,562
and
INSERTING: 12,172,106 12,172,106/
Amend the bill further, as and if amended, Section 1, page 13, line 19, by:
COLUMN 7 COLUMN 8
/ STRIKING: 5,314,831 5,314,832
and
INSERTING: 4,783,348 4,783,348/
Amend the bill further, as and if amended, Section 1, page 13, line 20, by:
COLUMN 7 COLUMN 8
/ STRIKING: 21,000.000 21,000,000
and
INSERTING: 18,900,000 18,900.000/
Amend the bill further, as and if amended, Section 1, page 13, line 21, by:
COLUMN 7 COLUMN 8
/ STRIKING: 58,722 58,722
and
INSERTING: 52,850 52,850/
Amend the bill further, as and if amended, Section 1, page 14, line 7, by:
COLUMN 7 COLUMN 8
/ STRIKING: 8,687,007 6,705,493
and
INSERTING: 8,016,458 6,034,944/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator KUHN explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
The Senate resumed consideration of Part IB.
Senator GROOMS proposed the following Amendment No. 274 (5493CM03.DOC), which was tabled:
Amend the bill, as and if amended, Part 1B, Section 1, DEPARTMENT OF EDUCATION, page 362, after line 13, by adding an appropriately numbered paragraph to read:
/1. (SDE: End of the school year) For Fiscal Year 2003-04, the mandatory ending date for the school year shall be not later than five days after the commencement of the Palmetto Achievement Challenge Test. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator MARTIN spoke on the amendment.
Senator MARTIN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator SETZLER proposed the following Amendment No. 403 (FEE LINES.NGS.DOC), which was adopted (#60):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 500, after line 23, by adding an appropriately numbered paragraph to read:
/ 72. . (GP: Agency Fees) Any state agency authorized to collect fees that are retained for use by that agency must be reflected as revenue in a separate and distinguishable line in Part 1A of the General Appropriations Bill. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. 404 (1638MM03.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 500, by adding an appropriately numbered paragraph at the end of the section to read:
/ 72.___. (GP: Admission Surcharge on Lottery). There must be levied, assessed, collected, and paid upon paid admissions to places selling lottery tickets within this State a surcharge of five percent. The surcharge must be listed separately, on the face of the ticket, from the cost of the lottery ticket, which is set by the Lottery Commission in increments of one dollar. The surcharge imposed by this paragraph must be paid by the person paying the lottery ticket price and must be collected and remitted to the South Carolina Department of Revenue by the person collecting the price of the lottery ticket at the point of sale. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator KNOTTS raised a Point of Order that Amendment No. 404 was out of order inasmuch as it was violative of Rule 24.
Senator GROOMS spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Amendment No. 404 was ruled out of order.
Senator GROOMS proposed the following Amendment No. 405 (3581MM03.DOC), which was ruled out of order:
Amend the bill, as and if amended, page 502, by inserting after line 2:
PERMANENT PROVISIONS
SECTION __
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2425 SO AS TO IMPOSE AN ADMISSION TAX ON ADMISSION TO THE PREMISES OF A LOTTERY RETAILER FOR THE PURPOSE OF PLAYING THE SOUTH CAROLINA EDUCATION LOTTERY.
A. Article 17, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2425. (A) There must be levied, assessed, collected, and paid upon admissions to the premises of a lottery retailer for the purpose of playing the South Carolina Education Lottery a license tax of five percent. The license tax must be listed on the lottery ticket separately from the cost of the lottery ticket, which is established by the Lottery Commission in increments of one dollar.
(B) The tax imposed by this section must be paid by the person purchasing the lottery ticket and must be collected and remitted to the South Carolina Department of Revenue by the person selling the lottery ticket at the point of sale."
B. This section takes effect July 1, 2003. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator LEATHERMAN raised a Point of Order that Amendment No. 405 was out of order inasmuch as it was violative of Rule 24.
Senator MARTIN spoke on the Point of Order.
On motion of Senator LEATHERMAN, with unanimous consent, the Point of Order was withdrawn.
Senator RYBERG argued contra to the adoption of the amendment.
Senator KNOTTS raised a Point of Order that Amendment No. 405 was out of order inasmuch as it was in violation of Section 11-11-440 of the S. C. Code of Laws, 1976, as amended, which prohibits "any general tax increase... or new general taxes in the permanent provisions of the State General Appropriation Act" and further provides that "such general tax increases or new general taxes must be enacted only by separate act."
Senators LEVENTIS and GREGORY spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Amendment No. 405 was ruled out of order.
Senator VERDIN proposed the following amendment (LBN-SR-LITERACY.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 343, paragraph 1.28, line 31, by inserting after / level / the following:
/ , community based adult literacy organizations shall receive the same percentage of adult education director salary funds as school districts, except that community based adult literacy organizations shall be exempt from adult education director certification criteria. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator VERDIN explained the amendment.
Senator SETZLER moved to lay the amendment on the table.
The amendment was laid on the table.
Senator VERDIN desired to be recorded as voting against the motion to table the amendment.
Senator KUHN proposed the following Amendment No. 395 (9864MM03.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 351, by adding an appropriately numbered paragraph at the end to read:
/ 1.____(SDE: SDE: Reallocation of Administrative Funds) The State Department of Education must reallocate $4,000,000 for EFA to increase the base student cost from funds appropriated for the State Department of Education administration, personal service, and other operating expense appropriations. Appropriations to the department for the following purposes must not be considered for reallocation or reduction pursuant to this paragraph: instructional materials, school bus shops, buses, Governor's Schools, and First Steps, as appropriated in Part IA, SECTION 1. VII B, C, and D, and SECTIONS XII, XIV, and XVI. Amounts reallocated pursuant to this paragraph are deemed to have been appropriated for this purpose. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator KUHN explained the amendment.
Senator HUTTO raised a Point of Order that the amendment was out of order inasmuch as it purports to change the base student cost.
The PRESIDENT overruled the Point of Order.
Senator KUHN explained the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Elliott Glover Hayes Hutto Jackson Land Leventis Malloy Matthews McGill Moore Pinckney Rankin Reese Setzler Short
Alexander Branton Courson Cromer Fair Giese Gregory Grooms Hawkins Knotts Kuhn Leatherman Martin McConnell Mescher O'Dell Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The amendment was laid on the table.
At 12:40 A.M., on motion of Senator LEATHERMAN, the Senate receded from business not to exceed fifteen minutes.
At 1:01 A.M., the Senate resumed.
Senator GROOMS proposed the following Amendment No. 408 (LBN-SR-02COMPHEALTH.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 350, paragraph 1.76, by striking the proviso in its entirety, line 11 and inserting / 1.76. (SDE: Comprehensive Health Education) For Fiscal Year 2003-04, of the funds authorized in Part 1A, Section V., a grant review panel shall be appointed to establish criteria, review applications, approve all grants, sub-grants, contracts, and subcontracts and select recipients for all grants, sub-grants, contracts and subcontracts of funds received by the Department of Education from the Federal Center for Disease Control. This panel shall consist of five members appointed in the following manner: two by the Governor, one appointed by State Board of Education, one by the President Pro Tempore of the Senate and one by the Speaker of the House of Representatives. The panel shall ensure that all grants and any sub-grants or contracts sub-contracts awarded from these funds are administered in compliance with the South Carolina Comprehensive Health Education Act. Minimum necessary expenses associated with the work of this panel shall be paid from these funds. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator LEATHERMAN raised a Point of Order that Amendment No. 408 was out of order inasmuch as it was violative of Rule 24 in that it amends or suspends Section 59-32-60, S. C. Code of Laws, 1976, as amended.
The PRESIDENT overruled the Point of Order.
Senator GROOMS explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Elliott Ford Giese Glover Gregory Hutto Jackson Land Leatherman Malloy Mescher O'Dell Pinckney Ryberg Short Smith, J. Verne
Alexander Branton Courson Cromer Fair Grooms Hawkins Hayes Knotts Kuhn Martin McConnell McGill Moore Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Thomas Verdin Waldrep
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator SHORT argued contra to the adoption of the amendment.
Senator SHORT moved to lay the amendment on the table.
The amendment was laid on the table.
I voted to table this amendment because the author of the amendment asked that, if he would be allowed to put up the amendment and explain his position, the body would then table the amendment. I do support abstinence education for our children; however, the Appropriation Bill is not the proper legislative vehicle for this item. Since becoming Chairman of the Finance Committee, I have had three budget principles that I have adhered to and one of those is not allowing permanent legislation on the Appropriation Bill. Legislation of a permanent nature should be debated in separate legislation through the committee process.
Senator LEATHERMAN asked unanimous consent to make a motion that no further amendments would be accepted on the Desk with the exception of an amendment proposed by Senator SETZLER, an amendment proposed by Senator KNOTTS, an amendment pertaining to the lottery and any necessary technical and balancing amendments.
There was no objection and the motion was adopted.
Senator LEATHERMAN asked unanimous consent to make a motion that, when the Senate adjourns, it stand adjourned to meet tomorrow at 10:00 A.M.
There was no objection and the motion was adopted.
At 1:39 A.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 10:00 A.M.
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