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 again, First Thessalonians, Chapter 2:9:
"For you remember our labor and toil, sisters and brothers. We worked night and day, that we might not burden any of you."
Let us pray.
Father, as we return to our duties today, we do not ask to be extricated heroically from difficult situations, but we do pray for a spirit of understanding of the labors and pressures of each other as all of us seek to do our own jobs.
Where we are in error, reform us!
Where we seem empty handed, furnish us!
Where we are right, strengthen and confirm us!
And to You will be the glory.
Amen.
At 10:10 A.M., Senator THOMAS made the point that a quorum was not present. It was ascertained that a quorum was not present.
At 10:10 A.M., on motion of Senator THOMAS, the Senate receded from business pending the presence of a quorum.
At 10:32 A.M., a quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received:
Document No. 2823
Agency: Department of Insurance
SUBJECT: South Carolina Patients' Compensation Fund
Received by Lieutenant Governor March 5, 2003
Referred to Banking and Insurance Committee
Permanently Withdrawn May 14, 2003
Senator LEATHERMAN introduced Dr. William Hester of Florence, S.C., Doctor of the Day.
At 6:20 P.M., Senator MALLOY requested a leave of absence beginning at 6:00 P.M. today and lasting until 10:00 A.M. Thursday morning.
H. 3418 (Word version) -- Reps. Townsend and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 23, TITLE 59 SO AS TO FURTHER PROVIDE FOR APPLICABLE STANDARDS, WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY, AND TO REQUIRE THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY TO BE INSPECTED BY THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE BEFORE OCCUPANCY AND A CERTIFICATE OF OCCUPANCY OBTAINED FROM THE SUPERINTENDENT; AND TO REPEAL ARTICLE 1, CHAPTER 23, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS.
Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Committee on Education.
There was no objection.
On motion of Senator HAYES, with unanimous consent, the Bill was ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 709 (Word version) -- Senator Ryberg: A SENATE RESOLUTION TO EXPRESS THE SINCERE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO CRYPTOLOGIST FIRST CLASS GERALDINE LLOYD PERSON, ORIGINALLY OF AIKEN, SOUTH CAROLINA, FOR HER MANY YEARS OF SERVICE TO THIS STATE AND COUNTRY UPON HER RETIREMENT FROM THE UNITED STATES NAVY AND TO WISH HER MANY YEARS OF CONTINUED HAPPINESS.
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The Senate Resolution was adopted.
S. 710 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 50-25-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO INCREASE THE HORSEPOWER OF AN ENGINE FROM FIFTEEN HORSEPOWER TO THIRTY HORSEPOWER AND TO ESTABLISH A MAXIMUM LENGTH FOR WATERCRAFT OF TWENTY-FIVE FEET AND TO INCREASE THE LENGTH FOR PONTOON BOATS TO TWENTY-FIVE FEET; TO PROHIBIT ON LAKE BLALOCK THE OPERATION OF PERSONAL WATERCRAFT, OPERATION OF WATERCRAFT AFTER MIDNIGHT OR IN VIOLATION OF COAST GUARD REGULATIONS, AND OPERATION OF WATERCRAFT NEAR PUMP STATIONS AND PIERS; TO LIMIT THE HEIGHT OF SAILBOAT MASTS; TO PROHIBIT SWIMMING IN CERTAIN AREAS; AND TO AUTHORIZE LAKE WARDENS TO RESTRICT ACCESS TO THE LAKE UNDER CERTAIN CONDITIONS.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
Senator GREGORY asked unanimous consent to make a motion to recall the Bill from the Committee on Fish, Game and Forestry.
There was no objection.
Senator GREGORY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator GREGORY, with unanimous consent, S. 710 was ordered to receive second reading on the next legislative day.
S. 711 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-19-555 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY NEGOTIATE A RECIPROCAL AGREEMENT WITH THE AUTHORITIES OF THE STATE OF NORTH CAROLINA TO ALLOW RECIPROCAL FISHING AND MIGRATORY WATERFOWL HUNTING ON FRESHWATER RIVERS AND LAKES ON THE COMMON BOUNDARY BETWEEN SOUTH CAROLINA AND NORTH CAROLINA.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 712 (Word version) -- Senators Pinckney and Richardson: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO REVEREND KENNETH HODGES AND THE MEMBERS OF TABERNACLE BAPTIST CHURCH IN BEAUFORT ON THE OCCASION OF THE CELEBRATION OF THE CHURCH'S 140th ANNIVERSARY.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 713 (Word version) -- Senator Peeler: A BILL TO AMEND CHAPTER 61, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH A STATE TRAUMA CARE SYSTEM TO ENSURE PROVISION OF TRAUMA SERVICES TO RESIDENTS THROUGHOUT THE STATE; TO PROVIDE, AMONG OTHER THINGS, THAT THE DEPARTMENT MAY ESTABLISH STANDARDS FOR LEVELS OF TRAUMA CENTER DESIGNATIONS AND TO PROVIDE FOR THE FURTHER REGULATION OF SUCH CENTERS; TO ESTABLISH THE TRAUMA ADVISORY COUNCIL TO ADVISE THE DEPARTMENT ON THE DEVELOPMENT OF THE TRAUMA CARE SYSTEM; AND TO ESTABLISH THE TRAUMA CARE FUND FOR PAYMENT OF THE DEPARTMENT'S EXPENSES IN ESTABLISHING, ADMINISTERING, AND OVERSEEING THE STATE TRAUMA CARE SYSTEM.
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Read the first time and referred to the Committee on Medical Affairs.
H. 3281 (Word version) -- Rep. Townsend: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT NO. 2 OF ANDERSON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Read the first time and referred to the Anderson County Legislative Delegation.
H. 4007 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-82 SO AS TO SPECIFY CERTAIN FUNCTIONS AND PROCEDURES THAT MAY NOT BE DELEGATED TO DENTAL HYGIENISTS; TO AMEND SECTION 40-15-85, AS AMENDED, RELATING TO DEFINITIONS OF TERMS USED IN THE LICENSURE AND REGULATION OF DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE THE DEFINITION OF "GENERAL SUPERVISION" AND TO DEFINE "AUTHORIZED"; BY ADDING SECTION 40-15-102 SO AS TO SPECIFY CERTAIN FUNCTIONS THAT A DENTAL HYGIENIST MAY ONLY PERFORM UNDER GENERAL SUPERVISION; AND TO AMEND SECTION 40-15-110, RELATING TO CERTAIN EXEMPTIONS FROM THE REQUIREMENTS OF CHAPTER 15, TITLE 40 REGULATING DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE PROVISIONS PERTAINING TO DENTAL HYGIENISTS PROVIDING SERVICES IN A PUBLIC HEALTH SETTING.
Read the first time and, on motion of Senator PEELER, with unanimous consent, H. 4007 was ordered placed on the Calendar without reference.
H. 4159 (Word version) -- Reps. Scarborough and Altman: A BILL TO ESTABLISH A PROCEDURE FOR DISCIPLINING A STUDENT IN A CHARTER SCHOOL IN A CHARLESTON COUNTY SCHOOL DISTRICT; TO PROVIDE THAT THE BOARD OF DIRECTORS OF A CHARTER SCHOOL MAY REFUSE ADMISSION TO A STUDENT WHO HAS BEEN SUSPENDED OR EXPELLED; TO PROVIDE THAT A CONVERTED CHARTER SCHOOL THAT UTILIZES THE EXISTING BUILDINGS IS NOT REQUIRED TO PAY FOR THE USE OF THE EXISTING BUILDINGS OR PREMISES AND TO PROVIDE FOR AN APPEAL OF A DECISION OR DISPUTE REGARDING THE USE OF THE EXISTING BUILDINGS OR PREMISES.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 4233 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE THE LAURENCE MANNING ACADEMY "LADY SWAMPCATS" OF MANNING AND THEIR COACHES ON WINNING THE 2003 SCISA CLASS AAA GIRLS' SOFTBALL STATE CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION THROUGHOUT THE SEASON.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4234 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE GAFFNEY HIGH SCHOOL "INDIANS" GOLF TEAM AND TO COACH KEVIN PHILLIPS, ON THEIR OUTSTANDING DETERMINATION AND HARD WORK THROUGHOUT THE SEASON AND ON CAPTURING THE 2003 CLASS AAAA STATE GOLF CHAMPIONSHIP TITLE ON WEDNESDAY, MAY 14, 2003.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4235 (Word version) -- Reps. J. R. Smith, Clark, Clyburn, Perry, D. C. Smith and Stewart: A CONCURRENT RESOLUTION TO CONGRATULATE JASON FULMER, THIRD GRADE TEACHER AT REDCLIFFE ELEMENTARY SCHOOL IN AIKEN COUNTY, UPON HIS BEING NAMED SOUTH CAROLINA TEACHER OF THE YEAR FOR 2003.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4237 (Word version) -- Reps. J. Brown, Howard, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE DR. STEVE AARON WILSON OF COLUMBIA ON BEING NAMED SECONDARY PRINCIPAL OF THE YEAR FOR THE STATE OF SOUTH CAROLINA, TO COMMEND HIM FOR HIS HARD WORK AND DEDICATION, TO WISH HIM MUCH SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4245 (Word version) -- Reps. Govan, Rhoad, Cobb-Hunter, Hosey and Ott: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA STATE UNIVERSITY "BULLDOGS" MEN'S BASKETBALL TEAM FOR THEIR MANY ACCOMPLISHMENTS DURING THEIR OUTSTANDING 2002-2003 SEASON, AND TO RECOGNIZE HEAD COACH CY ALEXANDER AND HIS STAFF FOR AN EXCEPTIONAL SEASON.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3137 (Word version) -- Reps. Sinclair, Littlejohn, W.D. Smith, Weeks, J.E. Smith, Edge and McLeod: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE THE QUALIFICATIONS FOR THIS OFFICE.
Ordered for consideration tomorrow.
Senator HAWKINS from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3199 (Word version) -- Reps. J.E. Smith, Harrison, Cobb-Hunter, Altman, Bailey, Richardson and Cotty: A BILL TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO INCLUDE A MEMBER OF THE CLERGY; AND TO AMEND SECTION 20-7-550, AS AMENDED, RELATING TO PRIVILEGED COMMUNICATIONS WHICH APPLY AND DO NOT APPLY WITH REGARD TO REPORTING CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE A PRIEST TO REPORT EXCEPT IF THE COMMUNICATION IS PROTECTED BY THE STATUTORILY PRESCRIBED PRIEST-PENITENT PRIVILEGE IN SECTION 19-11-90.
Ordered for consideration tomorrow.
Senator HAWKINS from the Committee on Judiciary submitted a favorable report on:
H. 3410 (Word version) -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 30-1-90, RELATING TO THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY ASSISTING IN CREATING, FILING, AND PRESERVING RECORDS, SO AS TO ELIMINATE THE BUDGET AND CONTROL BOARD FROM THE RECORDS RETENTION SCHEDULE APPROVAL PROCESS AND ELIMINATE THE REQUIREMENT THAT THE GENERAL SCHEDULES BE DEVELOPED AS STATE REGULATIONS.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3426 (Word version) -- Reps. Cobb-Hunter, Jennings, Bingham, Toole, Neilson, Clark and Bales: 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, ESTABLISHING CERTAIN ADVISORY COMMITTEES, AND SEEKING FUNDING FOR IMPLEMENTING PROGRAMS AND SERVICES FOR AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, AND OTHER MINORITY GROUPS AND TO PROVIDE THAT THE ADDITIONAL DUTIES ASSIGNED TO THE COMMISSION ARE CONTINGENT UPON FUNDING.
Ordered for consideration tomorrow.
Senator RICHARDSON from the Committee on Judiciary submitted a favorable report on:
H. 3575 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-18-85 SO AS TO PROVIDE FOR TREATMENT OF UNCLAIMED PROPERTY PAYABLE OR DISTRIBUTABLE IN THE COURSE OF THE DEMUTUALIZATION OF AN INSURANCE COMPANY AS ABANDONED IN FIVE YEARS; AND TO AMEND SECTION 27-18-180, AS AMENDED, RELATING TO REPORTS OF UNCLAIMED PROPERTY, SO AS TO REQUIRE THE FILING OF A REPORT OF UNCLAIMED DEMUTUALIZATION PROCEEDS BEFORE MAY FIRST.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable report on:
H. 3592 (Word version) -- Reps. Delleney and Lucas: A BILL TO AMEND SECTION 62-7-403, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOCATION OF RECEIPTS AND DISBURSEMENTS BETWEEN PRINCIPAL AND INCOME FOR PURPOSES OF A TRUST OR ESTATE, SO AS TO EXPAND THE SCOPE OF THE SECTION BY MAKING A CHANGE IN A CROSS-REFERENCE.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a majority favorable with amendment and Senator KNOTTS a minority unfavorable report on:
H. 3777 (Word version) -- Reps. Scott, Harrison, Simrill, J.E. Smith, J.H. Neal, Bales, Cotty, Govan, McLeod, Parks, Hosey, Duncan, Rutherford, Taylor, Whipper, Allen, Altman, Anthony, Bailey, Barfield, Battle, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Edge, Emory, Freeman, Gilham, Gourdine, Hagood, Hamilton, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Howard, Huggins, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Mack, Mahaffey, Martin, McGee, Merrill, Miller, Moody-Lawrence, J.M. Neal, Neilson, Ott, Owens, Perry, E.H. Pitts, Quinn, Rhoad, Rice, Sheheen, Richardson, Skelton, Rivers, Scarborough, Sinclair, D.C. Smith, F.N. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Stille, Talley, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, Weeks, Wilkins and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO RESTRICT THEIR USAGE ONLY IN ABSENTEE VOTING; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO DELETE REFERENCES TO A MACHINE BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, SECTION 7-13-1650 RELATING TO EXPERIMENTAL USE OF VOTING MACHINES, AND 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3867 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL FROM WHICH A JURY IS SELECTED; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE LANGUAGE CONSISTENT WITH OTHER CHANGES MADE IN SECTION 14-25-165; AND TO AMEND SECTION 22-2-120, RELATING TO THE SELECTION OF ADDITIONAL JURORS IN MAGISTRATES COURT AT THE TIME OF TRIAL, SO AS TO DELETE ARCHAIC LANGUAGE.
Ordered for consideration tomorrow.
Senator WALDREP from the Committee on Agriculture and Natural Resources polled out H. 3950 favorable:
H. 3950 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 18, TITLE 50, SO AS TO ENACT THE AQUACULTURE ENABLING ACT, TO PROVIDE CERTAIN DEFINITIONS USED IN REGULATING AQUACULTURE, TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES HAS PERMITTING AND LICENSING AUTHORITY FOR AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE FOR CERTAIN LICENSES AND FEES, TO PROVIDE FOR REGULATION OF AQUACULTURE AND AQUACULTURE BUSINESSES, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN COMMERCIAL AQUACULTURE IN THIS STATE EXCEPT AS PROVIDED IN THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE; TO AMEND SECTION 50-9-710, RELATING TO PAY PONDS AND PAY-TO-FISH BUSINESSES, SO AS TO PROVIDE THAT PATRONS OF COMMERCIAL FISHING LAKES AND PAY-TO-FISH BUSINESSES ARE EXEMPT FROM PURCHASING AN INDIVIDUAL ANNUAL LICENSE IF THE COMMERCIAL FISHING BUSINESS HAS A VALID AQUACULTURE PERMIT OR REGISTRATION; TO AMEND SECTION 50-13-280, RELATING TO LIMITS ON POSSESSION OF GAME FISH, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO AQUACULTURE PRODUCED FISH; TO AMEND SECTION 50-13-1130, RELATING TO COMMERCIAL FRESHWATER FISHING LICENSE REQUIRED WHEN TAKING CATFISH FROM PUBLIC WATERS, SO AS TO DELETE THE REFERENCE TO CATFISH AND PROVIDE THAT A PERSON TAKING FRESHWATER NONGAME FISH EXCEPT SHAD, HERRING, AND STURGEON FROM PUBLIC WATERS WHO SELLS OR OFFERS THEM FOR SALE MUST HAVE A COMMERCIAL FRESHWATER FISHING LICENSE, PROVIDING THAT A PERSON SELLING , OFFERING FOR SALE, OR POSSESSION OF FRESHWATER NONGAME FISH MUST HAVE CERTAIN INVOICES AND OTHER DOCUMENTATION SHOWING THE ORIGIN AND FROM WHERE THE FISH WERE PROCURED, AND PROVIDING PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-13-1610, RELATING TO THE UNLAWFUL SALE AND TRAFFIC OF CERTAIN GAME FISH, SO AS TO PROVIDE AN EXCEPTION TO CERTAIN FISH AS ALLOWED BY THIS ARTICLE, AND TO REVISE THE PENALTY PROVISIONS OF THIS SECTION; AND TO REPEAL ARTICLE 1, CHAPTER 18, TITLE 50, RELATING TO HYBRID STRIPED BASS, SECTION 50-13-510, RELATING TO CERTAIN POND OWNER PERMITS, SECTION 50-13-1620, RELATING TO PENALTIES FOR UNLAWFUL SELLING OF FRESHWATER TROUT, SECTION 50-13-1640, RELATING TO DRAWING PRIVATE PONDS AND DISPOSING OF FISH, SECTION 50-13-1650, RELATING TO UNLAWFUL TRANSPORTATION OF GAME FISH OUT-OF-STATE, SECTION 50-13-1680, RELATING TO THE SALE OF MARKED TROUT, SECTION 50-13-1690, RELATING TO INFORMATION REQUIRED TO BE MARKED ON TROUT BEFORE SALE, SECTION 50-13-1700, RELATING TO RETAIL MARKETS SHOWING THE ORIGIN OF TROUT, SECTION 50-13-1710, RELATING TO RESPONSIBILITY OF RETAIL MARKETS FOR CERTAIN VIOLATIONS INVOLVING TROUT, SECTION 50-13-1720, RELATING TO REPORTS ON TROUT SOLD OR IMPORTED INTO THE STATE, SECTION 50-13-1730, RELATING TO REGULATIONS ON SELLING AND SHIPPING TROUT, SECTION 50-13-1740, RELATING TO CERTAIN PENALTIES FOR VIOLATIONS RELATING TO SALE AND TRAFFIC IN TROUT, SECTION 50-13-1750, RELATING TO GAME FISH BREEDER'S LICENSES, AND SECTION 50-13-1760, RELATING TO SALES OF WHITE PERCH.
AYES
Waldrep Leventis Peeler Matthews McGill Glover Hutto Ravenel Grooms Elliott Verdin Pinckney Kuhn Knotts Fair Malloy Cromer
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary submitted a favorable report on:
H. 4149 (Word version) -- Rep. Anthony: A BILL TO AMEND SECTION 7-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN UNION COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN UNION COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
Senator SHORT asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator SHORT, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator SHORT, H. 4149 was ordered to receive a third reading on Thursday, May 22, 2003.
Columbia, S.C., May 20, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification:
S. 438 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING VARIOUS SECTIONS OF TITLE 37, RELATING TO CONSUMER PROTECTION AND BY ADDING CHAPTER 23 TO TITLE 37, SO AS TO ENACT THE SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT, TO PROVIDE THAT A VIOLATION OF THE HIGH-COST HOME LOAN ACT IS AN UNFAIR TRADE PRACTICE PURSUANT TO CHAPTER 5 OF TITLE 39, AND TO PROVIDE FOR REMEDIES AND PENALTIES FOR VIOLATIONS OF THE HIGH-COST HOME LOAN ACT. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 21, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
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.
Very respectfully,
Speaker of the House
Received as information.
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.
On motion of Senator RYBERG, the Senate insisted upon its amendments to S. 342 and asked for a Committee of Conference.
Whereupon, Senators RYBERG, RITCHIE and HUTTO were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 21, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
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.
Very respectfully,
Speaker of the House
Received as information.
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.
On motion of Senator MARTIN, the Senate insisted upon its amendments to S. 555 and asked for a Committee of Conference.
Whereupon, Senators MARTIN, RITCHIE and HUTTO were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 702 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO CONGRATULATE MR. SAMUEL A. CHEATHAM OF LEXINGTON UPON HIS RETIREMENT FROM THE CLEMSON UNIVERSITY COOPERATIVE EXTENSION SERVICE, TO COMMEND HIM FOR HIS MANY YEARS OF HARD WORK AND DEDICATED SERVICE TO HIS COMMUNITY AND THE STATE OF SOUTH CAROLINA, AND TO WISH HIM AND HIS FAMILY MUCH HAPPINESS UPON HIS RETIREMENT.
Returned with concurrence.
Received as information.
S. 703 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. ARNOLD SCREEN OF LEXINGTON FOR HIS MANY YEARS OF SERVICE TO HIS LOCAL COMMUNITY AND THE STATE OF SOUTH CAROLINA, UPON RETIRING FROM HIS CURRENT POSITION AS LEXINGTON COUNTY SENIOR EXTENSION AGENT OF CLEMSON UNIVERSITY EXTENSION SERVICE AND TO WISH HIM MANY YEARS OF CONTINUED HAPPINESS.
Returned with concurrence.
Received as information.
S. 704 (Word version) -- Senators Martin, Alexander, O'Dell and Waldrep: A CONCURRENT RESOLUTION TO EXTEND THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO DR. DON C. GARRISON OF PICKENS COUNTY ON THE OCCASION OF HIS RETIREMENT AS PRESIDENT OF TRI-COUNTY TECHNICAL COLLEGE, FOR HIS MANY YEARS OF SERVICE TO THIS STATE THROUGH HIS WORK IN HIGHER EDUCATION, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
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.
Returned with concurrence.
Received as information.
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. 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 following Bill, having been read the second time, was ordered placed on the third reading Calendar:
H. 3945 (Word version) -- Rep. G. Brown: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR THE SCHOOL DISTRICT OF LEE COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
Senator MALLOY asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator MALLOY, H. 3945 was ordered to receive a third reading on Thursday, May 22, 2003.
H. 4118 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN ELEVEN MILL INCREASE IN THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2003, AND ENDING JUNE 30, 2004.
The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.
Senator ELLIOTT proposed the following amendment (GJK\ 20642SD03), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The taxes which were imposed in Dillon County for school purposes for fiscal year 2002-2003 are reimposed for fiscal year 2003-2004; and an additional eleven mills are imposed for fiscal year 2003-2004, eight of which shall be for school operations and three of which shall be for debt service. /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar.
On motion of Senator ELLIOTT, H. 4118 was ordered to receive a third reading on Thursday, May 22, 2003.
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.
At 10:42 A.M., on motion of Senator COURSON, the Senate receded from business subject to the Call of the Chair.
At 11:58 A.M., the Senate resumed.
At 11:58 A.M., Senator MARTIN assumed the Chair.
On motion of Senator RYBERG, with unanimous consent, the members of the Transportation Committee were granted leave to attend a meeting, to be counted in a quorum, and be allowed to vote from the balcony.
At 11:59 P.M., on motion of Senator PEELER, the Senate receded from business subject to the Call of the Chair.
At 12:15 P.M., the Senate resumed.
At 12:15 P.M., Senator McCONNELL assumed the Chair.
Senator LEATHERMAN spoke on the Bill.
Senators LEATHERMAN, SETZLER, MOORE, MATTHEWS, HAYES, JACKSON, MARTIN, SHORT, ALEXANDER and RITCHIE proposed the following Amendment No. 409 (DADLOTTERY BALAMEND.DOC), which was adopted (#61):
Amend the bill, as and if amended, Part IA, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 15, line 10, opposite / TUITION ASSISTANCE / by:
COLUMN 7 COLUMN 8
/ STRIKING: 28,000,000
and
INSERTING: 34,000,000 /
Amend the bill, as and if amended, Part IA, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 15, lines 11-12, opposite / TUITION ASSISTANCE-UNCLAIMED PRIZES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 5,000,000
and
INSERTING: /
Amend the bill further, as and if amended, Part IA, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 15, line 14, opposite / SC HOPE / by:
COLUMN 7 COLUMN 8
/ STRIKING: 5,000,000
and
INSERTING: 6,500,000 /
Amend the bill further, as and if amended, Part IA, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 15, line 15, opposite / NEED BASED GRANTS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 2,000,000
and
INSERTING: 3,000,000 /
Amend the bill further, as and if amended, LOTTERY EXPENDITURE ACCOUNT, Section 1AA, page 15, by inserting after line 23:
COLUMN 7 COLUMN 8
/ HIGHER EDUCATION EXCELLENCE
ENHANCEMENT PROGRAM 3,000,000 /
Amend the bill further, as and if amended, Part IA, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 15, line 29, opposite / RESEARCH & TECHNOLOGY GRANT /by:
COLUMN 7 COLUMN 8
/ STRIKING: 2,000,000
and
INSERTING: 3,000,000 /
Amend the bill further, as and if amended, LOTTERY EXPENDITURE ACCOUNT, Section 1AA, page 15, lines 34, opposite / EAA / by:
COLUMN 7 COLUMN 8
/ STRIKING: 22,000,000
and
INSERTING: 22,500,000 /
Amend the bill further, as and if amended, LOTTERY EXPENDITURE ACCOUNT, Section 1AA, page 15, lines 35-36, opposite / K-5 READING, MATH, SCIENCE & SOCIAL STUDIES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 34,000,000
and
INSERTING: 20,000,000 /
Amend the bill further, as and if amended, LOTTERY EXPENDITURE ACCOUNT, Section 1AA, page 15, after line 37 by inserting:
COLUMN 7 COLUMN 8
/ K-5 READING, MATH, SCIENCE
& SOCIAL STUDIES-UNCLAIMED PRIZES 6,000,000 /
Amend the bill further, as and if amended, Part IA, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 16, line 10, opposite /TUITION GRANTS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 2,000,000
and
INSERTING: 3,000,000 /
Amend the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, pages 362 and 363, paragraph 1AA.1, by striking the paragraph in its entirety and inserting:
/ 1AA.1. (LEA: Education Lottery Funds) Funds appropriated from the Education Lottery Account must be used to supplement and not supplant existing funds for education. All Education Lottery Account revenue in excess of $15,000,000 not appropriated in the prior fiscal year in the Education Lottery Account must be carried forward and appropriated in the following priority order:
1) Tuition Assistance $5,000,000
2) Need Based Grants $2,000,000
3) Technology-Public 4-Year Univ. and
2-Year Institutions & Tech Colleges $2,000,000
4) School Buses $4,000,000
5) Fully fund scholarships in the following priority order:
a) HOPE Scholarships
b) LIFE Scholarships
c) Palmetto Fellows Scholarships
Any remaining funds after the scholarships have been funded must be appropriated to the State Department of Education for the purchase and repair of school buses.
The amounts listed below reflect the dollars contained and appropriated in Part 1A of this Act:
Commission on Higher Education:
Tuition Assistance - Two-year Institutions $34,000,000
LIFE Scholarships 40,000,000
HOPE Scholarships 6,500,000
Palmetto Fellows Scholarships 5,000,000
Need-Based Grants 3,000,000
Teacher Grants 2,000,000
National Guard Tuition Repayment Program 1,500,000
Technology-Public 4-Year Univ.
/2-Year Institutions & Tech Colleges 12,000,000
Endowed Chairs 30,000,000
Higher Education Excellence
Enhancement Program 3,000,000
SC Tuition Grants:
Tuition Grants $ 3,000,000
SC State University:
Research & Technology $ 3,000,000
Department of Education:
Education Accountability Act $22,500,000
K-5 Reading, Math, Science,
& Social Studies Program 20,000,000
State Library:
Aid to County Libraries $ 1,500,000
Fiscal Year 2003-2004 funds appropriated to the Department of Education for the Education Accountability Act must be used provide: $ 1,548,440 for homework centers; $11,577,386 for teacher specialists; $ 2,270,302 for principal specialists; $ 1,466,872 for external review teams; $ 1,000,000 for Palmetto Gold/Silver Awards; and $ 4,637,000 for retraining grants. Funds appropriated for teacher and principal specialists must be used first to fully fund these programs. Any funds remaining are to be used for the other four programs listed above.
The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items in order to ensure the timely receipt of scholarships and tuition assistance.
Fiscal Year 2003-2004 funds appropriated to the Commission on Higher Education for Tuition Assistance must be distributed to the technical colleges and 2-year institutions as provided in Section 59-150-360.
Fiscal Year 2003-2004 funds appropriated to the Commission on Higher Education for the Higher Education Excellence Enhancement Program must be distributed in accordance with Section 2-77-10 through Section 2-77-50.
For Fiscal Year 2003-2004 the first $6,000,000 of unclaimed prize money is appropriated to the Department of Education for K-5 Reading, Math, Science, & Social Studies Program. Any revenue in excess of the $6,000,000 must be appropriated to the State Department of Education for the purchase and repair of school buses.
Fiscal Year 2003-2004 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment earnings for this period are appropriated and must be used to ensure that all HOPE, LIFE, and Palmetto Fellows scholarships for Fiscal Year 2003-2004 are fully funded.
If the lottery revenue for Fiscal Year 2003-2004 is less than the amounts appropriated, the projects and programs receiving appropriations for any such year shall must have their appropriations reduced on a pro rata basis, except that a reduction must not be applied to the funding of LIFE, Palmetto Fellows, and HOPE scholarships.
The Budget and Control Board may distribute funds from the Education Lottery Account on a monthly basis during the final quarter of the fiscal year. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 391A (3749R043.tca), which was substituted for Amendment No. 391 and adopted (#48A):
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 and 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.
The amendment was adopted.
Senator MARTIN proposed the following Amendment No. 397A (3749R045.LAM), which was substituted for Amendment No. 397 and adopted (#57A):
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 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 sections, totals and title to conform.
The amendment was adopted.
On motion of Senator LEATHERMAN, debate was interrupted by recess.
At 12:24 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 1:15 P.M.
The Senate reassembled at 1:38 P.M. and was called to order by the PRESIDENT Pro Tempore.
At 1:47 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 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 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.
Senator LEATHERMAN spoke on the Bill.
At 1:57 P.M., with Senator LEATHERMAN retaining the floor, on motion of Senator HUTTO, with unanimous consent, the Senate receded from business not to exceed ten minutes.
At 5:44 P.M., the Senate resumed.
At 5:44 P.M., Senator McCONNELL assumed the Chair.
Senator LEATHERMAN proposed the following Amendment No. 410A (3749R046.HKL.DOC), which was adopted (#62):
Amend the bill, as and if amended, Part IB, Section 73, page 501, paragraph 73.2, by striking the proviso in its entirety, beginning on line 1 and inserting:
/ 73.2. (Statewide Funding Requirements) The sources of general fund revenues appropriated in this provision are as follows: E16-State Treasurer's Office: $1,400,000 must be transferred to the general fund from Unclaimed Property Subfund 3879; E16-State Treasurer's Office: $3,284,872 Excess Debt Service from FY 2002-03 must be carried forward and credited to the general fund in FY 2003-04; and E12-Comptroller General's Office: $2,400,000 must be transferred to the general fund from Unemployment Compensation Insurance Subfund 4007. The State Treasurer shall take custody of unclaimed property, reported before November 1, 2003 for the year ending June 30, 2003, as payable or distributable in the course of a demutualization of an insurance company, and deposit into the general fund all monies received as abandoned property. Unclaimed property payable or distributable in the course of a demutualization of an insurance company is presumed abandoned five years after the earlier of the date: (1) of last contact with the policyholder; or (2) the property became payable or distributable. The above listed funds are transferred to the General Fund of the State, and by this provision, these transfers are deemed to have occurred and, notwithstanding any other provision of law, these general fund revenues are available for appropriation as provided in this paragraph. Any restrictions concerning specific utilization of these funds are lifted for the specified fiscal year. From the amount recouped from state agencies and transferred to the general fund pursuant to this proviso and from the first $5,000,000 realized from demutualization of funds, there is appropriated for the fiscal year beginning July 1, 2003 and ending June 30, 2004, the following sums for the stated purposes: H12-Clemson University: Center for Research of Wireless Communication $500,000; H27-University of South Carolina: Materials Research Science & Engineering Center (Nano-Technology) $1,000,000; L04-Department of Social Services: Child Support Enforcement Automated System $232,134; E12-Comptroller General: GASB #34 Compliance $602,546; J04-Department of Health & Environmental Control: Operating Expenses $1,016,597; J12-Department of Mental Health: Forensic Capacity $2,125,000; J12-Department of Mental Health: Sexual Predator Program $750,000; X12-Aid to Subdivisions-Comptroller General: $410,698 distributed as follows: Aid Cnty-Clerks of Court $6,567; Aid Cnty-Probate Judges $6,567; Aid Cnty-Sheriffs $6,567; Aid Cnty-Register of Deeds, $2,425; Aid Cnty-Auditors $194,286; and Aid Cnty-Treasurers $194,286; E28-Election Commission: Primary Elections $2,400,000; F03-Budget and Control Board: Base Closure Fund $287,500; Y14-State Ports Authority: Dredging $500,000; and. L04-Department of Social Services: Heritage Pregnancy Prevention $460,000. Any amount realized from demutualization above the first five million dollars shall be appropriated in the following manner for the purposes stated: A17-Legislative Printing & Information Technology Systems: Licenses $500,000; L12-John De La Howe School: Operating Expenses $150,000; J16-Department of Disabilities and Special Needs: Special Olympics $50,000; E28-Election Commission: HAVA Federal Match $700,000; P20-Clemson University-Public Service Activities: Operating Expenses $1,000,000; H71-Wil Lou Gray Opportunity School: Operating Expenses $117,657; Department of Public Safety $1,000,000; and Department of Natural Resources $1,000,000. The appropriations in this provision are contingent and therefore all items are to be funded on a pro-rata basis should revenue fall below the anticipated amount. Unexpended funds appropriated pursuant to this part may be carried forward to succeeding fiscal years and expended for the same purposes. No appropriation in this provision may be paid before the later of September 1, 2003, or the date the Comptroller General closes the state's books on Fiscal Year 2002-03. Appropriations in this provision resulting from demutualization shall be paid as soon as practicable after November 1, 2003. Contingent upon the approval of the Tobacco Settlement Revenue Management Authority and parties to the trust agreement, the State Treasurer's Office shall transfer an amount equal to $6,767,866 from the unrestricted taxable proceeds portion of the principal of the Healthcare Tobacco Settlement Trust Fund established pursuant to Section 11-11-170(B)(1) of the 1976 Code to the Department of Health and Human Services to be expended for Medicaid. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
Senator LEVENTIS spoke on the amendment.
At 6:20 P.M., with Senator LEVENTIS retaining the floor, Senator LAND asked unanimous consent to make a motion that the Senate stand in recess for five minutes.
Senator RAVENEL objected.
Senator LEVENTIS spoke on the amendment.
At 6:21 P.M., Senator THOMAS assumed the Chair.
At 6:22 P.M., Senator McCONNELL assumed the Chair.
Senator LEVENTIS spoke on the amendment.
The question then was the adoption of the amendment.
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 O'Dell Peeler Ravenel Richardson Ritchie Ryberg Short Smith, J. Verne * Thomas Verdin Waldrep
Anderson Elliott Ford Glover Holland Hutto Jackson Land Leventis Malloy Matthews Moore Patterson Pinckney Rankin * Reese Setzler
*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 adopted.
At 6:23 P.M., the PRESIDENT assumed the Chair.
Senator LEATHERMAN proposed the following Amendment No. 411 (DADBALAMEND2.DOC), which was adopted (#63):
Amend the bill, as and if amended, Part IA, Section 2, WIL LOU GRAY OPPORTUNITY SCHOOL, page 17, line 10, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 33,113 33,113
and
INSERTING: 16,574 16,574/
Amend the bill further, as and if amended, Section 2, page 17, line 25, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 44,388 29,388
and
INSERTING: 33,800 18,800/
Amend the bill further, as and if amended, Section 2, page 17, line 36, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 26,000 26,000
and
INSERTING: 3,540 3,540/
Amend the bill further, as and if amended, Section 2, page 18, line 9, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 6,837 6,837
and
INSERTING: 3,337 3,337/
Amend the bill further, as and if amended, Section 2, page 18, line 25, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 25,147 17,147
and
INSERTING: 18,501 10,501/
Amend the bill further, as and if amended, Section 2, page 18, line 37, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 970,143 340,143
and
INSERTING: 912,219 282,219/
Amend the bill further, as and if amended, Part IA, Section 3, SCHOOL FOR THE DEAF AND THE BLIND, page 20, line 5, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,029,413 797,892
and
INSERTING: 938,487 706,966/
Amend the bill further, as and if amended, Section 3, page 20, line 27, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 493,262 311,326
and
INSERTING: 457,784 275,848/
Amend the bill further, as and if amended, Section 3, page 21, line 1, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 293,658 147,902
and
INSERTING: 277,093 131,337/
Amend the bill further, as and if amended, Section 3, page 21, line 17, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 403,486 372,712
and
INSERTING: 360,540 329,766/
Amend the bill further, as and if amended, Section 3, page 21, line 34, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 950,523 303,817
and
INSERTING: 916,272 269,566/
Amend the bill further, as and if amended, Section 3, page 22, line 11, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 936,494 936,494
and
INSERTING: 829,773 829,773/
Amend the bill further, as and if amended, Section 3, page22, line 25, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,426,607 593,407
and
INSERTING: 1,358,612 525,412/
Amend the bill further, as and if amended, Section 3, page 23, line 3, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 718,888 718,888
and
INSERTING: 627,962 627,962/
Amend the bill further, as and if amended, Part IA, Section 4, JOHN DE LA HOWE SCHOOL, page 24, line 10, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 21,181 12,181
and
INSERTING: 19,181 10,181/
Amend the bill further, as and if amended, Section 4, page 24, line 19, opposite / UNCLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 605,698 388,735
and
INSERTING: 505,698 288,735/
Amend the bill further, as and if amended, Section 4, page 24, line 24, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 29,286 19,076
and
INSERTING: 25,286 15,076/
Amend the bill further, as and if amended, Section 4, page 24, line 33, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 939,434 859,151
and
INSERTING: 938,224 857,941/
Amend the bill further, as and if amended, Section 4, page 24, line 38, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 77,515 50,662
and
INSERTING: 67,515 40,662/
Amend the bill further, as and if amended, Section 4, page 25, line 24, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 576,397 576,397
and
INSERTING: 475,705 475,705/
Amend the bill further, as and if amended, Section 4, page 25, line 28, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 734,723 453,727
and
INSERTING: 694,723 413,727/
Amend the bill further, as and if amended, Section 4, page 25, line 35, opposite / EMPLOYER CONTRIBUTIONS
COLUMN 7 COLUMN 8
/ STRIKING: 898,137 817,852
and
INSERTING: 809,214 728,929/
Amend the bill further, as and if amended, Part IA, Section 12, DEPARTMENT OF ALCOHOL & OTHER DRUG ABUSE SERVICES, page 114, line 5, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 374,188 311,863
and
INSERTING: 322,165 259,840/
Amend the bill further, as and if amended, Section 12, page 114, line 10, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 223,628 62,905
and
INSERTING: 190,723 30,000/
Amend the bill further, as and if amended, Section 12, page 114, line 17, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 272,683 193,529
and
INSERTING: 131,130 51,976/
Amend the bill further, as and if amended, Section 12, page 115, line 6, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 522,538 369,468
and
INSERTING: 483,301 330,231/
Amend the bill further, as and if amended, Section 12, page 115, line 11, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 645,431 166,797
and
INSERTING: 558,336 79,702/
Amend the bill further, as and if amended, Section 12, page 115, line 18, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 618,541 177,732
and
INSERTING: 588,541 147,732/
Amend the bill further, as and if amended, Section 12, page 115, line 23, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,427,747 121,053
and
INSERTING: 1,394,889 88,195/
Amend the bill further, as and if amended, Section 12, page 115, line 36, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 305,406 81,397
and
INSERTING: 290,406 66,397/
Amend the bill further, as and if amended, Section 12, page 116, line 3, opposite / EMPLOYER CONTRIBUTIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 994,383 361,901
and
INSERTING: 925,054 292,572/
Amend the bill further, as and if amended, Part IA, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 117, line 6, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 8,805,595 2,571,405
and
INSERTING: 8,103,960 1,869,770/
Amend the bill further, as and if amended, Section 13, page 117, line 19, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 4,909,484 876,838
and
INSERTING: 4,789,621 756,975/
Amend the bill further, as and if amended, Section 13, page 117, line 31, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 15,236,556 4,770,893
and
INSERTING: 14,889,846 4,424,183/
Amend the bill further, as and if amended, Section 13, page 120, line 4, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 17,527,207 3,961,725
and
INSERTING: 17,489,101 3,923,619/
Amend the bill further, as and if amended, Section 13, page 121, line 34, opposite / ASSISTANCE PAYMENTS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 19,952,746 12,243,278
and
INSERTING: 19,297,886 11,588,418/
Amend the bill further, as and if amended, Section 13, page 122, line 2, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 10,181,475 3,587,414
and
INSERTING: 9,783,882 3,189,821/
Amend the bill further, as and if amended, Section 13, page 124, line 1, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 20,453,790 4,725,223
and
INSERTING: 19,050,519 3,321,952/
Amend the bill further, as and if amended, Section 13, page 124, line 39, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 8,813,933 2,218,606
and
INSERTING: 8,626,830 2,031,503./
Amend the bill further, as and if amended, Section 13, page 128, line29, opposite / EMPLOYER CONTRIBUTIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 39,703,552 12,133,385
and
INSERTING: 38,837,017 11,266,850/
Amend the bill further, as and if amended, Part IA, Section 21, FORESTRY COMMISSION, page 147, line 19, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 8,343,804 6,906,333
and
INSERTING: 8,024,979 6,587,508/
Amend the bill further, as and if amended, Part IA, Section 22, DEPARTMENT OF AGRICULTURE, page 150, line 11, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,526,414 297,307
and
INSERTING: 1,460,168 231,061/
Amend the bill further, as and if amended, Part IA, Section 23, CLEMSON UNIVERSITY (PUBLIC SERVICE ACTIVITIES), page 153, line 4, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,232,924 834,177
and
INSERTING: 1,199,298 800,551/
Amend the bill further, as and if amended, Section 23, page 153, line 6, opposite / UNCLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 346,578 346,578
and
INSERTING: 335,370 335,370/
Amend the bill further, as and if amended, Section 23, page 153, line 36, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,563,144 1,563,144
and
INSERTING: 1,501,994 1,501,994/
Amend the bill further, as and if amended, Section 23, page 153, line 38, opposite / UNCLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 281,920 281,920
and
INSERTING: 275,126 275,126/
Amend the bill further, as and if amended, Section 23, page 154, line 26, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 6,721,475 6,052,299
and
INSERTING: 6,005,618 5,336,442/
Amend the bill further, as and if amended, Section 23, page 154, line 28, opposite / UNCLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 6,655,360 6,047,281
and
INSERTING: 6,447,968 5,839,889/
Amend the bill further, as and if amended, Section 23, page 155, line 1, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 6,402,093 4,673,149
and
INSERTING: 6,252,623 4,523,679/
Amend the bill further, as and if amended, Section 23, page 155, line 3, opposite / UNCLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 11,910,023 10,636,776
and
INSERTING: 11,061,259 9,788,012/
Amend the bill further, as and if amended, Section 23, page 155, line 22, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 15,402 15,402
and
INSERTING: 12,555 12,555/
Amend the bill further, as and if amended, Section 23, page 155, line 33, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 54,795 54,795
and
INSERTING: 51,221 51,221/
Amend the bill further, as and if amended, Section 23, page 156, line 2, opposite / UNCLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 80,035 80,035
and
INSERTING: 74,332 74,332/
Amend the bill further, as and if amended, Section 23, page 156, line 10, opposite / EMPLOYER CONTRIBUTIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 10,913,683 8,320,690
and
INSERTING: 10,660,068 8,067,075 /
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 159, line 5, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 2,504,045 1,765,733
and
INSERTING: 1,984,345 1,2 46,033/
Amend the bill further, as and if amended, Section 24, page 159, line 7, opposite /UNCLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 184,869 184,869
and
INSERTING: 166,669 166,669/
Amend the bill further, as and if amended, Section 24, page 159, line 12, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,122,916 108,000
and
INSERTING: 1,084,983 70,067/
Amend the bill further, as and if amended, Section 24, page 159, line 25, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 616,574 588,215
and
INSERTING: 582,530 554,171/
Amend the bill further, as and if amended, Section 24, page 162, line 24, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 8,785,782 5,097,997
and
INSERTING: 8,045,558 4,357,773/
Amend the bill further, as and if amended, Section 24, page 164, line 32, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 960,688 553,809
and
INSERTING: 818,548 411,669/
Amend the bill further, as and if amended, Section 24, page 166, line 6, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,410,767 656,140
and
INSERTING: 1,367,223 612,596/
Amend the bill further, as and if amended, Part IA, Section 25, SEA GRANT CONSORTIUM, page 168, line 5, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 394,416 194,416
and
INSERTING: 384,416 184,416/
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF PARKS, RECREATION, AND TOURISM, page 172, line 12, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 9,131,128 8,250,436
and
INSERTING: 8,131,128 7,250,436/
Amend the bill further, as and if amended, Part IA, Section 30, JUDICIAL DEPARTMENT, page 186, line 26, opposite / UNCLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 2,658,044 1,566,204
and
INSERTING: 2,358,044 1,266,204/
Amend the bill further, as and if amended, Part IA, Section 31, SENTENCING GUIDELINES COMMISSION, page 190, line 17, opposite / EMPLOYER CONTRIBUTIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 29,512 29,512
and
INSERTING: 15,449 15,449/
Amend the bill further, as and if amended, Part IA, Section 34, OFFICE OF APPELLATE DEFENSE, page 194, line 5, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 614,390 614,390
and
INSERTING: 533,936 533,936/
Amend the bill further, as and if amended, Section 34, page 194, line 16, opposite / EMPLOYER CONTRIBUTIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 192,949 192,949
and
INSERTING: 184,010 184,010/
Amend the bill further, as and if amended, Part IA, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 196, line 5, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 8,455,922 5,400,018
and
INSERTING: 7,455,922 4,400,018/
Amend the bill further, as and if amended, Section 36, page 196, line 12, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 13,162,818 2,097,350
and
INSERTING: 12,662,818 1,597,350/
Amend the bill further, as and if amended, Section 36, page 197, line 1, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 18,802,387 18,168,920
and
INSERTING: 18,602,387 17,968,920/
Amend the bill further, as and if amended, Section 36, page 198, line 31, opposite / EMPLOYER CONTRIBUTIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 27,736,699 22,844,473
and
INSERTING: 27,436,699 22,544,473/
Amend the bill further, as and if amended, Part IA, Section 43, WORKERS' COMPENSATION COMMISSION, page 227, line 5, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 466,291 419,935
and
INSERTING: 461,668 415,312/
Amend the bill further, as and if amended, Section 43, page 227, line22, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 140,603 140,603
and
INSERTING: 133,668 133,668/
Amend the bill further, as and if amended, Section 43, page 227, line 33, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 279,615 228,914
and
INSERTING: 272,680 221,979/
Amend the bill further, as and if amended, Section 43, page 228, line 9, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 296,748 259,681
and
INSERTING: 289,813 252,746/
Amend the bill further, as and if amended, Section 43, page 228, line 23, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 150,201 77,957
and
INSERTING: 140,954 68,710/
Amend the bill further, as and if amended, Section 43, page 228, line 34, opposite / EMPLOYER CONTRIBUTIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 674,912 618,148
and
INSERTING: 663,354 606,590/
Amend the bill further, as and if amended, Part IA, Section 47, DEPARTMENT OF INSURANCE, page 233, line 23, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 457,610 40,770
and
INSERTING: 421,168 4,328/
Amend the bill further, as and if amended, Part IA, Section 49, DEPARTMENT OF CONSUMER AFFAIRS, page 238, line 19, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 207,860 86,398
and
INSERTING: 193,045 71,583/
Amend the bill further, as and if amended, Part IA, Section 50, DEPARTMENT OF LABOR, LICENSING AND REGULATION, page 240, line 5, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,610,272 396,504
and
INSERTING: 1,510,272 296,504/
Amend the bill further, as and if amended, Part IA, Section 53, DEPARTMENT OF TRANSPORTATION, page 249, line 11, opposite / AID TO OTHER ENTITIES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 50,000 50,000
and
INSERTING: 1,000 1,000 /
Amend the bill further, as and if amended, Part IA, Section 57, LIEUTENANT GOVERNOR'S OFFICE, page 276, line 7, opposite / UNCLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 191,032 191,032
and
INSERTING: 171,032 171,032/
Amend the bill further, as and if amended, Part IA, Section 57, page 276, line 19 opposite / EMPLOYER CONTRIBUTIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 70,136 70,136
and
INSERTING: 63,782 63,782/
Amend the bill further, as and if amended, Part IA, Section 61, ADJUTANT GENERAL'S OFFICE, page 282, line 5, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 854,455 854,455
and
INSERTING: 793,115 793,115/
Amend the bill further, as and if amended, Section 61, page 283, line 11, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 230,444 230,444
and
INSERTING: 215,544 215,544/
Amend the bill further, as and if amended, Section 61, page 283, line 23, opposite / CLASSIFIED POSITIONS / by:
COLUMN 7 COLUMN 8
/ STRIKING: 964,656 40,567
and
INSERTING: 963,801 39,712/
Amend the bill further, as and if amended, Part IA, Section 65, STATE ETHICS COMMISSION, page 324, line 10, opposite / OTHER OPERATING EXPENSES / by:
COLUMN 7 COLUMN 8
/ STRIKING: 70,000 20,000
and
INSERTING: 50,000 /
Amend the bill further, as and if amended, Part IB, Section 69A, AID TO SUBDIVISIONS-COMPTROLLER GENERAL, page 471, paragraph 69A.2, lines 21-23, by striking the paragraph in its entirety and inserting:
/ 69A.2. (AS-CG: Property Tax Relief Reimbursement) Notwithstanding any other provision of law, state reimbursements for the Property Tax Relief fund shall be funded in the same amount as in the prior fiscal year, except for the estimated growth in the seniors' homestead exemption and manufacturer's depreciation. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton Cromer Fair * Giese Gregory Grooms Hawkins Hayes Kuhn Leatherman Martin McGill Mescher O'Dell Ravenel Richardson Ritchie Ryberg Short Smith, J. Verne * Verdin Waldrep
Anderson Courson Elliott Ford Glover Holland Hutto Jackson Knotts Land Leventis Malloy Matthews McConnell Moore Patterson Peeler Pinckney Rankin * Reese Setzler Thomas
*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 adopted.
Under the provisions of Section 8-13-700, S.C. Code of Laws, I wished the Journal to reflect that I abstained from consideration on matters pertaining to the Workers' Compensation Commission and the Ethics Commission.
The question then was the third reading of H. 3749, the General Appropriation Bill.
Senator LEATHERMAN spoke on the Bill.
Senator LAND argued contra to the third reading of the Bill.
Mr. PRESIDENT and ladies and gentlemen of the Senate.
We have worked hard on this budget, but I have to say to you that we really haven't accomplished much. We took the money that we had and spread it around, and I think we spread it around inadequately. We have not lived up to our commitment to the children of this State. We have not lived up to our commitment to the educational community. We have not lived up to our commitment to higher education. We are causing students and families all across the State of South Carolina to pay higher fees and tuition - all across the state, simply because we thought our hands were tied up here and we would not come up with additional revenue. I really think we are letting our constituents down.
I can't vote for this budget, Senator from Florence, and I appreciate all of your hard work and I appreciate the staff's hard work. I just don't think we have stepped up to the plate, and I don't think we met our obligations to the people of this State. We can do better than what we have done. We can do a lot better than what we have done. We are back to 1995 standards on education per pupil funding under the EFA, and I remind you again that that is a law that we passed many years ago that set the formula to tell us how much we had to do, Senator from Pickens, and we ignored it. We didn't meet the full formula of funding for higher education, another formula that we passed for ourselves as to how we would fund our students in college, and we haven't done it. We have just let the people down across this State because either we were timid in not raising taxes or we had signed some pledge not to raise taxes or we somehow expected those on the local level to step us and bail us out. I am happy to say in a way and shameful to tell you in another way, Senator from Charleston, that many communities have stepped up to do that which we are not willing to do. All of the counties and the school districts in my district have stepped up and increased tuition, because they recognize that they can't pause in this work on education in South Carolina. We can't stop. We can't take a breather. We can't find a rock to hide under to say we just don't have the money to do what we know we have to do, and we know what it is going to cost us in the long run if we don't do it.
You can't stop this big ship called "Public Education in South Carolina" and let it pause and then all of a sudden crank it back up and make up for lost ground. You will never make it up. You will never make it up. As I told you before, our children aren't just competing in the counties in which they live. They aren't competing just in the state. They are competing internationally - globally - for jobs. We had a good educational movement going on in South Carolina, and we are going to let a little bump in the road just stop us in our tracks - stop us in our tracks. We aren't doing right by those who are in our mental health institutions and those who are getting mental health services all across the State of South Carolina. We are letting them down. Unless something gets in the budget to adequately fund Medicaid, we are just leaving all these funds in Washington that ought to be coming back here. We haven't done right. I have never seen this Senate when it didn't step up to the plate. I have never seen this Senate when we couldn't outdo the House of Representatives in funding the necessary needs of this State. And for the second time since I have been here, we haven't done that. Two years ago I voted against the budget for the first time in about 27 years at that particular time, because it didn't do what it should have done for the people of South Carolina. Again, I will vote against this budget, because Senator from Cherokee, we are not doing what we were elected to do. We are simply not doing right by the children of this State. They deserve better. They are the ones who don't vote, because they aren't old enough to vote. They have to depend on us to do what is right for them, but we haven't done it.
We really ought to think hard and long about what we are going on this next Bill that comes up before us. We will have another chance to do something for education - to come up with the revenue to do it. I hope that lightening will strike or some cloud will come over this State House and convince us as to what we need to do. Senator from Greenwood, I have seen you many times come up at the last minute to fund South Carolina, and each year I left here when the Session was over proud of what we had done for this State and mostly for our children. Because obviously, our first priority is to our children and that is why over half our budget goes to the funding of education. This budget just doesn't do it. It doesn't do it for the mentally retarded. It doesn't do it, Senator from Williamsburg, for the Department of Natural Resources, and that is important in our quality of life and our quantity of life that we enjoy on the outside. We haven't done right by our prisoners. We have not done right for the educational system within the prison system. I understand that the Palmetto School District, as they call it, is just about now defunct. So we are going to take those people in prison who average a sixth grade education, and we are going to say, "Yes, sir, when you leave here you will not have helped the average a bit, because we aren't going to give you any education whatsoever. We are going to put you back out on the street, unemployed or underemployed, and basically ignorant, and you will probably find your way right back to this prison, and we will spend another $40,000 to $50,000 a year," which I understand is the cost if you figure in the capital improvements that go along with our prison system.
We have not done right by them, and, yes, you might not like them, but once you take custody of them and put them in jail you have got them until you turn them loose again and you are going to have to be humane to them. You ought to have to be humane to those prison guards. You are setting them up in a dangerous situation - understaffed, underpaid. Something bad is going to happen to our prisons before too long because of what we have done.
I have said all of this to you before and I feel like a broken record, but I just want to look in your faces and tell you again what we are doing. And I am perplexed. I don't know why always in the past we could step up, Senator from Rock Hill, and do what we had to do. We could find the revenue to do it. Why this year? Why this year do we just lay down and pass a budget that may well be equal to or less than the House of Representatives. And I have said before that the Speaker of the House of Representatives goes to bed every night with a prayer, "Lord, please don't let the Senate pass the House budget." "Please get them to improve on it," - because they depend on us.
One other item, Senator from Florence, you just had on your list was the primary. Did you think that the House of Representatives when they sent their Bill over here thought that the primary was not going to occur next June and they would be free? No, they knew we would do it. Big Daddy over here would step up, Senator from Charleston, and fund that which they knew and we know we have to fund. We have a state run primary and we have to fund it. But they didn't do it. We did. But we left so many things unfunded, and I am just not proud.
But, we have another chance - one more chance, and I hope the Senator from Aiken will put up his amendment again. I am even praying that the other Senator from Aiken might join in. They would be proposing an amendment for the people of South Carolina that will fund our government and fund our children and fund our students in college. That probably won't happen, but I will try it again.
Senator, I will answer one question, and I am through because I have talked longer than I intended to.
Senator SETZLER: Did you know that when this Bill leaves, we will be funding EFA at $1,643 per student which is $130 less per student than last year after the budget cuts and takes us back to 1995 levels? That is what we are telling the people in our State.
Senator LAND: Senator, I don't want to believe that. I don't want to believe that there is a soul in this Senate that would vote for that. That is terrible. That is the perfect example as to why I am not voting for this budget and why I don't think that this budget serves the State of South Carolina and the people of South Carolina. And, we have let everyone down by not having the initiative and the wherewithal to come up with the necessary funds to fund our state government and to fund our State that we are all so proud of, Senator from Lexington. It is a wonderful state, but I will tell you what - this budget is wrong and I can't vote for it.
God bless you.
On motion of Senator PATTERSON, with unanimous consent, Senator LAND's remarks were ordered in the Journal.
Senator KNOTTS spoke on the Bill.
Thank you, Mr. PRESIDENT.
I have sat here now for almost 31/2 weeks and we have looked everywhere we could possibly look for money to run this State. I came to the House in 1995, until I was elected last year to the Senate. You know, in those good years there was plenty of money, a lot pork barrel politics, a lot of waste, and nobody worried about spending the money. When I ran for election the first time, I ran on my base in Lexington County, my conservative base. That base was "protect me, protect me from government." That is what got me elected, elected each and every time, as high as 78-80 percent of the vote one time. Well, number one, I did not promise them that I would do a thing when I came to the State House except protect their pocket books from government. You know, our citizens and taxpayers out there, everyday that they live, are going through problems in life to be able to keep the money that they work hard for and to be able to spend it on their families. Every time they leave home, or do not have to leave their homes, they take the chance of being robbed, mugged or fired to cut off their money supply. They go out and purchase a nice home for their families in which to live so they can send their children to school and be able to go and enjoy what life has to offer and the freedom that this country and this State supposedly guarantees them. Then, after they buy what they have to buy to put in their homes, whether they stay at home or go out, they have to worry about somebody coming and stealing it. A lot of them cannot afford insurance to replace it, and if they can, the cost is high due to the actions of other people to the point where they cannot stand the high cost and continue the payments so they lose their insurance. At the end of the year, without their knowledge, government raises their taxes or either reassesses their homes without any real input from them. It gets to the point that, when they go up there to complain, it does not matter because the government has to have it to run the government. You know, we have got people in Lexington County that bought their homes 20, 30 and 40 years ago. When they bought it, they were in the country. Through reassessment -- with no problem of theirs -- everything they have ever done is to live in that home, raise their family and every year in November they are subjected to having their home taken away from them because taxes -- whether they are millage increases or reassessments -- go up and they cannot afford to pay the taxes.
There is no provision in this State that I know of that would allow a person who cannot afford to pay their taxes and have equity in their homes to be able to have a lien placed against their home so that it would be paid at the time that its ownership is transferred. There is no protection for them in that aspect. We do not look at those ways to help the taxpayer.
During this whole 31/2 weeks, I've not seen one person here who thinks about the taxpayer in any manner except how much money do we need to run this State and where we are going to get it? They did not think about the salaries at the University of South Carolina for professors that do not teach a full course load but receive full pay. That is waste. In any job that a taxpayer works, if they do not go to work, or they are sick and they do not have sick leave, they do not get paid. That is not fair for you to sit here and condone or allow anybody in state government to get paid without working. But yet, you expect the taxpayer to do it.
In November, their home is sold because they cannot put a lien on their home to save the home in which they raised their children. They are the senior citizens or whatever that, when their taxes went up and up, they could not afford it. A man goes to his grave thinking that he has paid for a home so that his family will be able to live in it until his spouse dies or passes. Now, in these times, these people go to their graves and their loved ones are not protected because at any time Mr. Taxman can come in and take the property and sell it.
But, yet, we want a million here and a million there. We want a fee here and a fee there. Now, there's a new kid on the block -- a surcharge -- not to mention the user fee, disposal fee, gas tax, federal tax, state tax, county tax, school tax, etc. They stopped calling them taxes because people know what a tax is. You try to dress a tax and name it something else. But, I assure you, people out there now aren't fooled. They realize that, if it is not money that they can spend after they have worked all week to spend on their family and to be able to spend it the way they want to without the government directing them in another manner, it is a tax. I do not care how or what you name it, it is a tax. You cannot even die now in South Carolina and be tax-free. You cannot even go to your grave without having to pay taxes. Your State has to pay taxes. It is a shame the way we treat people in South Carolina. It is an absolute shame and we should be admonished for doing it.
I was once told by a taxpayer that the only time that my pocket book, bank account and I am safe is when the legislature is out of session, or when the County Council or School Boards are not meeting -- or some government body is not meeting that can take my money. I read that the average taxpayer has to work now almost over half a year to pay the taxes. People, enough is enough. They are tired of it. My base is tired of it. They want to own the home that they live in. But, guess what our paths are? Our paths now have changed. We only want to pick on the weak. We want to tax that person who is not able to hire a lobbyist to go to the State House and lobby for them.
I have been here ten years and have not seen a lobbyist hanging out in the lobby that was for the taxpayer. They have only one time to lobby and that is whenever it comes time to vote. And, some of us in this body remember the taxpayer. We remember what they go through because some of us are struggling taxpayers. The people of South Carolina do not mind paying taxes for things that are needed and that are not wasteful, if it is something that they can get something out of. But, when we go into a system like we have developed in this State, which I have seen in the past ten years -- my thoughts were that it was just in the House, but it is not. It is in the Senate, county and city councils. It is everywhere.
We pass laws up here -- we pass criminal laws -- and now we are attaching surcharges to those crimes. For example, a speeding ticket that was $50.00 is now $400.00 because of surcharges. The fellows that have insurance wait. We want to get in every aspect of people's lives -- not only to tell them how to spend their money, but what they can and cannot do. I think that sometimes we have the mentality that the taxpayer is not smart enough to do things on their own because they are not smart enough to run some of us out of office for raising their taxes. It is a shame. That is not the mentality to have of the taxpayer, because they are smart.
My base knows who is here to protect their pocket book and they know how to vote. They know when someone is promising something that they cannot deliver. People run for office saying that -- if I get elected or re-elected, I am going to do this and I am going to do that or I am promising you that this year we are going to get his done. I do not do that. I tell my people, "JAKE KNOTTS in the State House is like you being there, because I am going to protect you every minute that I am there and protect your pocketbook."
I have found an amendment that really doesn't amount to anything -- a little $3,000 raise but it showed that I read the budget. I tried to read that entire budget but it was so complicated that half of the people in here did not know what was going on in it. You had to crosscheck here and check there and then check with the state agencies to see if that was a true figure or not. Now, this is a process that has already been introduced by the House, sent to the Senate, sent to the committee, and worked on in the committee and brought back to the Senate for us to reduce. If there is anybody in here who liked the way that budget was done this year, I want to meet you. It was not the proper way to produce a budget or run a business. It is not the proper way to have to sit there through that much agony to find a $3,000 pay raise for the ONLY state employee in the entire State that deserves a pay raise. Then we find in the budget, that we -- members of the Senate -- are not even protected. Because when we go home, we put it in the hands of the Budget and Control Board. And what do they do? They have the neatest system in the world. They borrow money or allow a loan to be borrowed in one breath from an agency that helps the people. Guess where they took the money from -- local government funds. What does that do? That provides water and sewer and services to our local taxpayers. It provides them ways to be able to have water and sewer.
We also talk about matched money. We do not want to lose funding from Washington because the State will match it. Now, local government funds are a five to one match. Then, what do they do? They give the money to an area, which, in turn, gives the money to a private overseer to spend. Now, our Budget and Control Board on the other hand wants to forgive the debt. We will go back and we will write in the budget a forgiveness proviso. Where the contract that you signed to get that money -- not only from the local government, but the insurance reserve funds that you hurt -- to P.R.T. Don't you think that our taxpayers would love to have that type of agreement from their banker? But, you see, we are average people. We have to pay back loans. We have to work and dodge the government's taxes enough to be able to save enough money and work multiple jobs like many people to be able to pay the payments back to the bank. We cannot just forgive a $3.5 million dollar loan. Our taxpayers do not have that availability. We do that because we are dealing with the taxpayer's pocket book. It is easy for us to come up here and take. And, every time we have a problem, I know where we can get the money. We will look -- try to look -- and overlook what we want to overlook because we can look into the taxpayers pocketbook because the taxpayer has deep pockets. That is not our job. I believe that we forget what our jobs are from time to time up here. We forget about what that taxpayer has to go through to make the money so we can sit up here all day today. And it was worth it. I didn't go home and I haven't missed a day in ten years. I know that a lot of you all here probably would have liked for me to miss a day. But, my grandson came up here today to be with me because he wanted to be with his Pa-Pa. He sat with me all afternoon while we were in here trying to do what we are doing right now -- in here from 2:30 A.M. last night and in here for 31/2 weeks. Do you think the taxpayers appreciate that? Do you know what my grandson is going to tell his class tomorrow on his last day of school? He visited his Pa-Pa at the State House to be with him to see what he did. He asked me, "I have been here for four hours, is this what you all do every day? Because, you all did not do anything." This was an eight-year old recognizing that fact. That is a shame. Is that the message we want to send to our people? Do you think that, if an eight-year old sees it, that the taxpayer sees it?
The taxpayer cares about you doing your job in here, not how much money you can spend, but how much money you can spend to adequately give for services needed to run the State -- not a penny more, not a penny less. They do not mind paying their fair share. But, they are tired of every time that we need a dollar we reach into their pocketbook and try to get the money from them. I want you to know one thing -- this is from the heart -- if someone comes to talk to you with a prepared statement, that is not something a lot of time he wants to say. It's something somebody has said for him or statistics he's gotten to prove a point. But, when I approach the podium on something I believe in as much as tax relief for the citizens of our State, I do not bring paperwork, prepared statements or slide shows. I have been there, done that. I have worn the t-shirts and paid the taxes. I have paid the taxes that have been wasted over the years by government.
I want to just sit back and do what we have been able to do here in the last 31/2 weeks because we do not want to cost the taxpayers any more money by staying in special session to do a job that we should have been doing for the last 31/2 weeks. It is not the blame of the Democrats or the Republicans. The fact is, we do not have any money because we have lived outside of our means for the last nine years.
You know, there are a couple of old sayings I would like to share with you in closing. First, "Do not forget where you come from and do not forget what got you there." Bubba Ness told me that, if you do not remember your friends on your way up, they won't remember you on your way down. Bubba Ness has been a dear friend to me through the years, but, of the elected officials in this body and the rest of the elected officials of this State, you had better take heed -- if you do not start remembering the taxpayer when you get there, they will not put you there anymore.
I am now open for questions.
Senator ANDERSON: Did you know that investing in education is the best investment we can make in our State?
Senator KNOTTS: Senator, I agree with you. We need to invest in education and I am glad you asked that question. I was not going to get into that. But, I notice that we have money in the budget for school buses, supposedly. But, whenever you expect school buses to have -- and putting things in perspective, such as, a battery casing to hold the battery -- it has to be stainless steel. You expect stainless steal for a non-corrosive battery. When have you ever thought in your lifetime in modern years? They do not make them anymore. But yet, we expect our school buses to have a stainless steel battery casing to replace a black iron battery casing for the excuse of non-corrosive batteries. Guess what the price of that is? The stainless steel battery is right at $500.00 per bus which replaces a $14.00 dollar black iron casing. Only 14 have been replaced in 10 years. That is a waste. Do you know why we do things like that? Because, it is the taxpayers' money, Senator.
Senator ANDERSON: Did you know that I will agree with you that you are protecting your people's pocketbook, because if there are no jobs, their pocketbooks have no money in it -- only because we have invested in education, is why your county is doing so well?"
Senator KNOTTS: Yes, sir, because we have flipped the Bill. Our people in Lexington County have flipped the Bill -- built the schools. They have worked hard to pay the taxes and we have a good education system.
Senator ANDERSON: Can you tell me what you are going to tell your grandson when he gets a little older if there are no jobs available because industry has gone to other states because you under-funded education within our State?
Senator KNOTTS: Let me answer you this way. You always say you under-fund education. I think that we fund education and we fund the basic education. We try to fund and basically fund a lot of perks in education. But, there are a lot of things -- in the waste of the school bus battery casing, for example, and in the waste of the Administration building down here. Whenever we saw the Senator from Charleston's amendment yesterday on administration of the money -- it is things like that we need to look at. There is not one Senator in this body here tonight that knows how much money is in the pockets of these special groups and their departments and little special funds in the State of South Carolina.
We have got pockets of money in every agency that have been put in special funds in a bank account that we have no control over. That is where we fund education. We need to go back to a zero-based budget and go back to find what we have funded with special little surcharges and disposal fees. We need to find out how much the State has and come back and fund education with the money with which it is supposed to be funded. Let's fund it across the State equally.
Senator ANDERSON: Do you know that healthcare in South Carolina is at a crisis? It will continue to be a problem until we find ways to fund it properly. There are poor folks that will have to make a decision of whether to pay for prescription drugs or purchase food in order to survive. Did you know that?
Senator KNOTTS: Yes, sir. You can start correcting that, if you start taking a look at the entire state of the State and it's financial ability to collect these surcharges. You can start by simply not just sitting here and taking the word of five or six Senators on one side and five and six Senators on the other. But, say, "Let's find the money. Let's find out where it is and let's go."
Senator from Charleston: In my district I have 47% government employees, which includes state, county, city and federal employees. I would not be able to make the speech and comments you just made due to my district being dominated by government employees. What percentage of your district is made up of government employees?
Senator KNOTTS: I am glad you asked that. I probably have one of the largest percentages of government employees in the State. Most of the government employees live in Richland or Lexington County.
I have pride in my employees and that is why I do not want anybody in this State that is a state employee to get a raise unless every state employee gets a raise -- or, an agency head review board going back behind the legislature and giving the agency heads a 10-15% raise. The state employee is the one that is doing the regular work for $15,000 to $16,000 a year that makes the agency heads look good where the agency heads are making over $100,000 a year. Do you realize that we have agency heads that are making more than our Governor? That is not right or fair and should not be tolerated by this body. If one state employee gets a raise, then all state employees should get a raise for their hard work.
That is where I am coming from. I am on the side of the little man -- the man that is not looked at or thought of. Why? He is the man with the money. We can get it with out putting a gun to his head. That is what is wrong with the whole problem of government. This government needs to return to working for the people, not the people working for the government.
Senator HOLLAND: You have got me thoroughly confused. Senator, you talked about the democrats -- it is as if you were a democrat all of your life; but, when it comes time to vote, you vote for the republican. You don't want to spend any money.
Senator KNOTTS: You know, Senator, I did not come up here to spend their money. I came up here to save their money.
Senator HOLLAND: Do you believe that, if you take all the people employed by the University and fire them, we could improve the budget?
Senator KNOTTS: No, sir, but I guarantee you one thing -- I could have taken the salaries that were $211,000 on a sabbatical leave that had not worked all year -- there was a way to get around it. They would have worked that year or I would have cut the salary. But, you all voted that amendment down.
Senator HOLLAND: Now, how would that have helped us? To close every university, would that help us get out of where we are?
Senator KNOTTS: No, sir. I am not trying to close up the universities. I am trying to let us take responsibility as elected officials to the people that have the money -- the taxpayers, not the lobbyists and not the agencies -- and let's go to a zero-based budget and get the job done. It is not right for us to sit here and hide behind the fact that we have people that are going to close the university. I am not advocating the closing of this fine institution anyway. It is a great institution that provides a great way of helping our community in providing our people with a good education in order for them to get good jobs upon graduation. That is just the way that it is and I would hope that you all would begin taking heed to that and remember the people. As I have stated before, I have yet to see a paid lobbyist for the taxpayer. We are supposed to be the taxpayers' lobbyist. That is what our job is. They elect us to protect them.
Senator MALLOY: Do you support the Appropriation Bill?
Senator KNOTTS: I support parts of it, and some parts I don't. I have tried to correct it; but, it is basically the only thing that we have after we have been here this long. We are facing a crisis of whether we pass the budget or not or stay for an extended time at the cost of the taxpayer.
Senator MALLOY: Are you going to vote for it?
Senator KNOTTS: I do not know. If I do, it will be because I believe that we have done the best job we can do in this body to save the taxpayers' money.
Thank you, Mr. PRESIDENT.
On motion of Senator LEVENTIS, with unanimous consent, Senator KNOTTS' remarks were ordered printed in the Journal.
The question then was the third reading of H. 3749, the General Appropriation Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton Courson Cromer Elliott Fair * Giese Gregory Grooms Hawkins Hayes Jackson Knotts Kuhn Leatherman Martin McConnell McGill Mescher O'Dell Peeler Rankin * Ravenel * Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep
Anderson Drummond Ford Glover Holland * Hutto * 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.
The Bill was read the third time.
I voted against H. 3749, the General Appropriation Bill, because it does not provide for the basic needs of many of the citizens of the State. Funding for Public Education is at the 1995 level, health care for uninsured children, nursing homes, senior citizens and the handicapped has been under-funded by $232 million and those needing mental health services will have to be served in emergency rooms. In addition, we face the possibility of the federal courts requiring the release of criminals and delinquents back into the community before having served their sentence, placing an even greater burden on our public safety officers who are too few in number and are improperly equipped.
During the deliberations, I offered an amendment that would have raised the sales tax by two percent, which would not apply to food, and would have raised the cigarette tax. These two items would have raised enough revenue to properly fund the basic education of our children, fund the Medicaid match and fund agencies providing necessary services and protection to the citizens of this State. This revenue would have also exempted those having taxable income of $15,000 or less from paying income tax, increased the homestead exemption for senior citizens and lowered the tax rate for many small businesses. This proposal along with many others would have improved the condition of this State but were not adopted. Without the funding necessary to meet the basic needs of our citizens, I could not vote for the Bill.
Pursuant to the motion by the Senator from Charleston, Senator McCONNELL, of Thursday, May 15, 2003, and having voted on the prevailing side, Senator LEATHERMAN made a motion to reconsider the vote whereby H. 3749, the General Appropriation Bill, received third reading; and, further, made a motion to carry over the motion to reconsider the vote whereby H. 3749 received third reading for no more than three days; and, further, made a motion that the staff of the Senate Finance Committee be allowed to prepare the necessary technical correcting and balancing amendment to be delivered to, and certified by the Clerk, and for the amendment to be adopted upon his certification for inclusion in H. 3749.
The motion was adopted.
The motion to reconsider the vote whereby H. 3749, the General Appropriation Bill, received third reading was carried over for no more than three days.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3448 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment (DKA\3469DW03) proposed by Senators MARTIN, J. VERNE SMITH and O'DELL and previously printed in the Journal of May 1, 2003.
On motion of Senator MARTIN, debate was adjourned on the Bill.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator McCONNELL, the Senate agreed that, when the Senate adjourns, it stand adjourned to meet at 10:00 A.M. tomorrow.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
H. 3297 (Word version) -- Reps. Huggins and Cotty: A BILL TO AMEND SECTION 40-60-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS, RESTRAINING ORDERS, LICENSING, AND PROCEDURAL REQUIREMENTS FOR REAL ESTATE APPRAISERS, SO AS TO REMOVE THE TIME LIMIT THE BOARD HAS TO RENDER A DECISION AND SERVE NOTICE.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
On motion of Senator LAND, the Bill was carried over.
S. 209 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 20-7-952, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INITIATION OF ACTIONS TO ESTABLISH PATERNITY, SO AS TO INCLUDE THE PRESUMED, INFERRED, OR ALLEGED LEGAL FATHER AS ONE OF THE INDIVIDUALS WHO MAY INSTITUTE SUCH ACTIONS.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
On motion of Senator McCONNELL, the Bill was carried over.
S. 530 (Word version) -- Senators Giese, Kuhn, Knotts, Hayes, Peeler, Ritchie, Ryberg, Mescher, Branton, Alexander, Elliott, Moore, Waldrep, Thomas, Holland, Matthews, Pinckney, Patterson, Verdin, Courson, Leatherman, Short, Fair and Gregory: A BILL TO AMEND SECTION 59-17-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARACTER EDUCATION IN SCHOOLS, SO AS TO PROVIDE THAT A TEACHER IN A PUBLIC SCHOOL OF THIS STATE SHALL INDICATE A LETTER GRADE AND COMMENTS ON A STUDENT'S REPORT CARD UNDER THE SUBJECT HEADING OF "CONDUCT" AS AN ASSESSMENT OF HOW THE STUDENT EXPRESSES CERTAIN CHARACTERISTICS.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
On motion of Senator LEATHERMAN, the Bill was carried over.
S. 532 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.
On motion of Senator MARTIN, the Joint Resolution was carried over.
H. 3598 (Word version) -- Reps. Richardson, Bailey, Bowers, Clark, Clyburn, Edge, Hamilton, Herbkersman, Hosey, Kirsh, Limehouse, Mahaffey, Neilson, Owens, Quinn, Rivers, Sandifer, Simrill, Snow, Vaughn and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO PROVIDE THAT READING GLASSES ARE EXEMPT ITEMS DURING THE AUGUST SALES TAX HOLIDAY.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
On motion of Senator McCONNELL, debate was interrupted by adjournment.
At 7:33 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 10:00 A.M.
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