Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.

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

Beloved, hear words from St. John, Chapter 6:9:

"Andrew, Simon Peter's brother, said to Him, 'There is a boy here who has five barley loaves and two fish. But what are they among so many people'?"
Let us pray.

Father, with so many decisions yet to be made that involve the lives of so many people, help us to think positively and optimistically and creatively.

Forbid that we should look at our budget problems as Andrew did, when he said, hopelessly, 'What good are they for all these people?'

Help us not to get bogged down in details. Help us to see clearly the things that ought... and must... be done.

In our positive thinking, may we be willing to try bold measures, IF THE CAUSE IS RIGHT and IF THE NEED IS REAL!

Whether a boy with a little lunch, or a State with considerable resources, help us to exercise our stewardship faithfully... and look for the surprise!
Amen!

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

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

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

Thomas Edward Davis, P.O. Box 215, Bethune, S.C. 29009-0215

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

R. Eugene Hartis, 1477 Springhill Road, Camden, S.C. 29020

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

Francis E. James, P. O. Box 32, Elgin, S.C. 29045

The following was received and referred to the appropriate committee for consideration:

Document No. 2832
Agency: Commission for the Blind
SUBJECT: Business Enterprise Program
Received by Lieutenant Governor May 5, 2003
Referred to Medical Affairs Committee
Legislative Review Expiration September 2, 2003
Subject to Sine Die Revision

The following was received:

Document No. 2818
Agency: Department of Labor, Licensing and Regulation
SUBJECT: Inspections and Fees
Received by Lieutenant Governor March 25, 2003
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration July 23, 2003
Subject to Sine Die Revision
July 28, 2003, Subject to Sine Die Revision
August 4, 2003, Subject to Sine Die Revision
Withdrawn and Resubmitted May 6, 2003

Senator McCONNELL introduced Dr. David Hiott of Charleston, S.C., Doctor of the Day.

Senator HUTTO rose for an Expression of Personal Interest.

At 12:15 P.M., Senator FORD requested a leave of absence from 5:00 - 7:00 P.M. today, Wednesday and Thursday of this week for medical leave.

At 3:00 P.M., Senator JACKSON requested a leave of absence beginning at 6:00 P.M. today and lasting until Noon tomorrow.

H. 4113 (Word version) -- Reps. Townsend, Clark, Gilham, J. Hines, Lloyd, Lourie, Martin, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Owens, Pinson, Skelton, D.C. Smith, Stille, Walker, Whitmire and Wilkins: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MAY 2003 AS "SOUTH CAROLINA HIGHWAY SAFETY MONTH".

Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation and order the Resolution placed on the Calendar for consideration tomorrow.

There was no objection.

H. 4114 (Word version) -- Rep. Moody-Lawrence: A CONCURRENT RESOLUTION TO ENCOURAGE AND PROMOTE GREATER INVOLVEMENT OF FATHERS IN THEIR CHILDREN'S LIVES AND TO DECLARE JUNE 9-15, 2003, AS "FATHERHOOD WEEK" IN SOUTH CAROLINA.

Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

Senator MESCHER asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

The Resolution was adopted and ordered returned to the House.

S. 670 (Word version) -- Senators Hutto, Verdin and Waldrep: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF

Senator HUTTO asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.

There was no objection.

The Bill was recalled from the Committee on Labor, Commerce and Industry.

Senator HUTTO asked unanimous consent to commit the Bill to the Committee on Agriculture and Natural Resources.

There was no objection.

The Bill was committed to the Committee on Agriculture and Natural Resources.

The following were introduced:

S. 680 (Word version) -- Senator Fair: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, SO AS TO ENACT THE SOUTH CAROLINA SUPPORTIVE MARRIAGE CONTRACT ACT.
l:\s-jud\bills\fair\jud0098.mlf.doc

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

S. 681 (Word version) -- Senators Moore and Cromer: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS

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

S. 682 (Word version) -- Senator Jackson: A BILL TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE TERM FROM "MORTGAGE LOAN BROKER" TO "MORTGAGE BROKER", TO CONFORM THE CHAPTER ACCORDINGLY, TO DEFINE "PROCESSOR", TO FURTHER SPECIFY THE SCOPE OF RESPONSIBILITY OF "ORIGINATORS", AND AMONG OTHER THINGS TO PROVIDE FOR LICENSURE AND RENEWAL FEES FOR ORIGINATORS.
l:\council\bills\nbd\11690ac03.doc

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

H. 3045 (Word version) -- Rep. Scott: A BILL TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 SO AS TO ESTABLISH THE MOBILITY DEVELOPMENT AUTHORITY AS A DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE ITS POWERS AND DUTIES; TO AMEND SECTIONS 57-1-20, 57-3-10, AND 57-3-20, ALL AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION AND ITS DIVISIONS, SO AS TO DELETE THE MASS TRANSIT DIVISION; TO REPEAL SECTION 57-3-40, RELATING TO THE DEPARTMENT OF TRANSPORTATION MASS TRANSIT DIVISION'S POWERS AND DUTIES; AND TO REPEAL CHAPTER 25, TITLE 58, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES.

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

H. 3326 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-27-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT BY NATIVE AMERICAN TRIBES, SO AS TO DELETE CERTAIN REFERENCES TO TRIBAL UNITS.

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

H. 3429 (Word version) -- Reps. Cotty and Cato: A BILL TO REPEAL SECTION 27-33-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESPONSIBILITIES OF LANDLORDS AND TENANTS FOR UTILITIES, WATER, SEWERAGE, AND GARBAGE SERVICES.

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

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

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

H. 3839 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-4-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLICE POWERS OF MEMBERS AND AGENTS OF THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE EMPLOYMENT BY THE COMMISSION OF LIVESTOCK LAW ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE THESE OFFICERS AND OTHER LAW ENFORCEMENT OFFICERS TO USE THE UNIFORM TRAFFIC TICKET FOR VIOLATIONS OF TITLE 47 WHICH FALL WITHIN THE JURISDICTION OF THE COMMISSION AND OF THE SUMMARY COURTS; AND TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO THE REQUIREMENT THAT ALL LAW ENFORCEMENT OFFICERS USE THE UNIFORM TRAFFIC TICKET FOR TRAFFIC OFFENSES AND CERTAIN OTHER OFFENSES, SO AS TO INCLUDE ON THE UNIFORM TRAFFIC TICKET OFFENSES RELATING TO LIVESTOCK AND POULTRY.

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

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

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 3986 (Word version) -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-4007 AND 12-21-4009 SO AS TO ADD SPECIFICATIONS FOR A SITE SYSTEM AND ELECTRONIC BINGO DABBER AND PROVIDE FOR THE LIMITED USE OF AN ELECTRONIC OR MECHANICAL DEVICE DESIGNED FOR A BINGO GAME; TO AMEND SECTION 12-21-3920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH PLAYING BINGO, SO AS TO CHANGE THE DEFINITION OF "CARD" TO COMPLY WITH PROVISIONS WHEN AN ELECTRONIC DABBER IS USED; TO AMEND SECTION 12-21-3990, AS AMENDED, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO CHANGE THE TIME THE AMOUNT OF THE PRIZE MUST BE ANNOUNCED AND THE AMOUNT OF THE PRIZE; TO AMEND SECTION 12-21-4000, AS AMENDED, RELATING TO BINGO PROCEDURES AND THE VARIOUS CLASSES OF A BINGO LICENSE, SO AS TO CLARIFY ON WHICH BASIS THE AMOUNT OF THE PRIZE IS CALCULATED AND PROVIDE FOR THE REGULATION OF PROMOTIONS CONDUCTED DURING A BINGO SESSION; AND TO AMEND SECTIONS 12-21-4020 AND 12-21-4120, BOTH AS AMENDED, RELATING TO THE RIGHT TO A CONFERENCE FOLLOWING A VIOLATION, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO RESPOND IN WRITING AND SPECIFY WHAT INFORMATION MUST BE INCLUDED IN THE RESPONSE.

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

H. 4086 (Word version) -- Reps. Duncan, Taylor, M. A. Pitts and McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 56 IN LAURENS COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO THE ENOREE RIVER BRIDGE WHICH FORMS THE BOUNDARY BETWEEN LAURENS COUNTY AND SPARTANBURG COUNTY "DONNY WILDER HIGHWAY" AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "DONNY WILDER HIGHWAY".

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

H. 4091 (Word version) -- Rep. Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON APRIL 22 AND 23, 2003, BY THE STUDENTS OF HOLLY SPRINGS ELEMENTARY SCHOOL IN PICKENS COUNTY, WHEN THE SCHOOL WAS CLOSED DUE TO EMERGENCY FLOOR REPAIR NECESSITATED BY SEVERE WATER DAMAGE, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Read the first time and, on motion of Senator MARTIN, with unanimous consent, S. 4091 was ordered placed on the Calendar without reference.

H. 4092 (Word version) -- Rep. Ott: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, EFFECTIVE MAY 1, 2003, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY LOCATED AT 220 BYNUM STREET IN ST. MATTHEWS, SOUTH CAROLINA, TO THE TOWN OF ST. MATTHEWS.

Read the first time and, on motion of Senator LEATHERMAN, with unanimous consent, S. 4092 was ordered placed on the Calendar without reference.

H. 4102 (Word version) -- Rep. Lloyd: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT EXITS 52 AND 57 ON

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

H. 4133 (Word version) -- Rep. Hinson: A CONCURRENT RESOLUTION CONGRATULATING SIR KNIGHT MICHAEL W. TELESCO FOR FIFTY YEARS OF OUTSTANDING SERVICE AND FOR HIS MANY CONTRIBUTIONS TO THE KNIGHTS OF COLUMBUS AND THE STATE OF SOUTH CAROLINA AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.

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

H. 4136 (Word version) -- Reps. D. C. Smith, J. R. Smith, Perry, Stewart, Clyburn and Clark: A CONCURRENT RESOLUTION TO EXTEND WARMEST REGARDS AND HEARTFELT CONGRATULATIONS TO MR. AND MRS. WILLIAM L. FELTY ON THE OCCASION OF THE CELEBRATION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND TO EXTEND TO THEM GOOD WISHES FOR CONTINUED SUCCESS AND HAPPINESS IN THE YEARS TO COME.

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

Columbia, S.C., May 1, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3902 (Word version) -- Reps. Witherspoon, Duncan, M.A. Pitts, Taylor and Umphlett: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE DEFINITION OF "FEDERAL LAW ENFORCEMENT OFFICER"

Received as information.

At 12:17 A.M., the PRESIDENT assumed the Chair.

Senator LEATHERMAN asked unanimous consent to make a motion that, upon completion of the Call of the Uncontested Local and Statewide Calendar, the Senate take up H. 3598 for immediate consideration.

Senator HUTTO spoke on the motion.

Senator HUTTO objected to the motion.

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

S. 626 (Word version) -- Senators Fair, Ryberg and Thomas: A JOINT RESOLUTION TO ESTABLISH A JOINT CORRECTIONS AND PENOLOGY STUDY COMMITTEE TO STUDY SOUTH CAROLINA'S STATUTORY IMPEDIMENTS TO PROVIDING NECESSARY AND DESIRABLE FLEXIBILITY FOR THE DEPARTMENT OF CORRECTIONS IN MANAGING INMATE POPULATION CONSISTENT WITH PUBLIC SAFETY, TO PROVIDE FOR THE COMMITTEE TO MAKE A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE GOVERNOR NO LATER THAN JANUARY 14, 2004, AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, ITS DUTIES, EXPENSES, AND STAFFING.

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

Senator SETZLER proposed the following amendment (NBD\11679AC03), which was adopted:

Amend the joint resolution, as and if amended, SECTION 1(B)(1) page 1, line 34 after /Senate/ by inserting /, one of whom must be from the majority party and one of whom must be from the minority party/

Amend the joint resolution, further, SECTION 1 (B)(2) page 1, line 36 after /Speaker/ by inserting /, one of whom must be from the majority party and one of whom must be from the minority party/

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

There being no further amendments, the Joint Resolution was read the third time and ordered sent to the House of Representatives.

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

H. 3630 (Word version) -- Reps. McLeod and Duncan: A BILL TO ENACT THE NEWBERRY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN NEWBERRY COUNTY NOT TO EXCEED ONE PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.

On motion of Senator CROMER, H. 3630 was ordered to receive a third reading on Wednesday, May 7, 2003.

H. 3631 (Word version) -- Reps. McLeod and Duncan: A BILL TO AMEND ACT 189 OF 1957, RELATING TO THE AUTHORITY OF THE BOARD OF EDUCATION OF NEWBERRY COUNTY TO SELL SURPLUS SCHOOL PROPERTY AND RATIFYING EARLIER SALES MADE BY THE BOARD, SO AS TO DELETE THE PROVISION RELATING TO THE DISPOSITION OF PROPERTY.

On motion of Senator CROMER, H. 3631 was ordered to receive a third reading on Wednesday, May 7, 2003.

S. 678 (Word version) -- Senator Richardson: A BILL TO AMEND ACT 596 OF 1969, AS AMENDED, RELATING TO THE HILTON HEAD NO. 1 PUBLIC SERVICE DISTRICT IN BEAUFORT COUNTY, SO AS TO PROVIDE FOR THE ELECTION INSTEAD OF THE APPOINTMENT OF ITS COMMISSIONERS.

S. 675 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO RENAME CERTAIN PRECINCTS 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.

S. 512 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 56-1-2080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE A DEFINITION FOR THE PHRASE "RESIDENT OF SOUTH CAROLINA".

Senator RYBERG explained the Bill.

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

H. 3546 (Word version) -- Reps. Clemmons, Barfield, Edge, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BOB GRISSOM PARKWAY CONNECTOR-HIGHWAY 17 BYPASS OVERPASS IN HORRY COUNTY IN HONOR OF THE LATE PRIVATE FIRST CLASS JOSEPH JOHN "JOE" MCGARRY OF THE MYRTLE BEACH POLICE DEPARTMENT, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS

Senator RANKIN asked unanimous consent to commit the Concurrent Resolution to the Horry County Legislative Delegation.

There was no objection.

At 12:30 P.M., on motion of Senator McCONNELL, the Senate receded from business until 2:00 P.M.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 10:00 A.M.

The Senate reassembled at 2:03 P.M. and was called to order by the PRESIDENT.

At 2:04 P.M., on motion of Senator MARTIN, the Senate receded from business pending the presence of a quorum.

At 2:12 P.M., a quorum being present, the Senate resumed.

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

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

Senator LEATHERMAN was recognized.

Senator LEATHERMAN yielded the floor.

Senator MARTIN raised a Point of Order that under Rule 24A, Proviso 73.4 of the Report of the Senate Finance Committee was out of order inasmuch as it amends, suspends or repeals permanent law.
Amend the bill further, as and if amended, Part IB, Section 73, X91, page 505, after line 3, by adding Proviso 73.4 to read: / 73.4. (Sales Tax Cap and Exemptions) The exemption from sales and use tax allowed pursuant to Section 12-36-2120(17) is suspended for the current fiscal year. Notwithstanding the provisions of Section 12-36-2110(A), in the case of a sale or lease in the current fiscal year of items described in Section 12-36-2110(A), the maximum tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code is increased from three hundred dollars to two thousand five hundred dollars. Sales tax due on a lease of any of these items in the current fiscal year must be paid in full at the time the lease is executed. One hundred percent of the additional state sales, use, and casual excise tax revenue attributable to the cap increase and exemption suspension provided by this paragraph must be credited to the general fund of the State and is appropriated therefrom to increase the base student cost pursuant to the Education Finance Act. /

Senator MARTIN explained the proviso.

The PRESIDENT sustained the Point of Order.

Proviso 73.4 was ruled out of order.

Senator MARTIN raised a Point of Order that under Rule 24A, Proviso 73.5 of the Report of the Senate Finance Committee was out of order inasmuch as it amends, suspends or repeals permanent law.
Amend the bill further, as and if amended, Part IB, Section 73, X91, page 505, after line 3, by adding Proviso 73.5 to read: / 73.5. (Sales Tax Exemption Suspended-Individuals Age 85 Years of Age and Older) The sales, use, accommodations, and casual excise tax exemption allowed on sales or leases to individuals eighty-five years of age and older pursuant to Sections 12-36-2620(2), 12-36-2630(2), and 12-36-2640(2), are suspended for the current fiscal year. One hundred percent of the additional state sales, use, accommodations, and casual excise tax revenue attributable to this suspension must be credited to the general fund of the State and is appropriated therefrom to increase base student cost pursuant to the Education Finance Act. /

Senator MARTIN explained the proviso.

The PRESIDENT sustained the Point of Order.

Proviso 73.5 was ruled out of order.

Senator MARTIN raised a Point of Order that under Rule 24A, Proviso 73.6 of the Report of the Senate Finance Committee, was out of order inasmuch as it amends, suspends or repeals permanent law.
Amend the bill further, as and if amended, Part IB, Section 73, X91, page 505, after line 3, by adding Proviso 73.6 to read:
/ 73.6. (Cigarette Tax Increase - Medicaid Match - Economic Recovery Tax Credit) (A) Effective for the current fiscal year and in addition to the tax imposed pursuant to Section 12-21-620(1), there is levied, assessed, collected, and paid upon all cigarettes made of tobacco or any substitute for tobacco, an additional license tax equal to 2.65 cents on each cigarette made of tobacco or any substitute for tobacco. The amount imposed pursuant to this subparagraph must be reported, paid, collected, and enforced in the same manner as the tax imposed pursuant to Section 12-21-620(1). There is created in the state treasury the Medicaid Match Fund. The revenue of the tax imposed pursuant to this subparagraph must be credited to the Medicaid Match Fund. This fund must be separate and distinct from the general fund of the State. Monies in the fund must be used by the Department of Health and Human Services solely as the state match for federal Medicaid funding. The fund is exempt from any budgetary cuts or reductions caused by the lack of general fund revenues. Earnings on investments of monies in the fund must be credited to the fund and used for the same purposes as other monies in the fund. Any monies in the fund not expended during a fiscal year must be carried forward to the succeeding fiscal year and used for the same purposes. (B) Effective January 1, 2004, the license taxes imposed on cigarettes by Article 5, Chapter 21, Title 12 of the 1976 Code and this subparagraph must be paid by affixing stamps to each individual package in the manner and at the time set forth in this subparagraph. A stamp evidencing the taxes imposed may not be of a denomination of less than one cent and whenever the tax computed at the rate prescribed is a specified amount plus a fractional part of one cent, the package must be stamped for the next full cent. The Department of Revenue may authorize wholesale dealers in cigarettes to store cigarettes intended to be sold and shipped out of this State in separate

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the proviso.

The PRESIDENT sustained the Point of Order.

Proviso 73.6 was ruled out of order.

Senator MOORE made a Parliamentary Inquiry as to whether or not the pending question before the Senate was the Report of the Senate Finance Committee of the General Appropriation Bill.

The PRESIDENT stated that perfecting amendments to the Report of the Senate Finance Committee of the General Appropriation Bill were on the Desk.

Senator MOORE moved under Rule 18 to divide the entire matter of the Report of the Senate Finance Committee of the General Appropriation Bill.

Senator HUTTO raised a Point of Order that under Rule 24A, Proviso 69A.2 of the Report of the Senate Finance Committee, was out of order inasmuch as it amends, suspends or repeals permanent law.
Amend the bill further, as and if amended, Part IB, Section 69A, AID TO SUBDIVISIONS, COMPTROLLER GENERAL, page 471, Proviso 69A.2, by striking line 18 and inserting: / seniors' homestead exemption and manufacturer's depreciation. A local taxing entity's reimbursement for manufacturer's depreciation provided in Section 12-37-935(B) shall not be less than the reimbursement received in the prior fiscal year. /

Senator HUTTO explained the proviso.

The PRESIDENT sustained the Point of Order.

Proviso 69A.2 was ruled out of order.

Senator LEATHERMAN spoke on the Bill.

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

Senator LAND objected.

Senator LEATHERMAN continued speaking on the Bill.

Well, I guess I should ask the body if it's okay to go ahead and make comments on the sheets I've got here for us to look at. Are we going to

I really was hoping we could put those two proposals aside and that there would be a winner and a loser or maybe two winners and two losers -- I don't know what the outcome would be on those. I'll just repeat this. I don't know how we will do an Appropriation Bill without knowing how much money we have to spend. I will tell you this though, I will be hard pressed to return to H. 3598 if we slug it out here on the floor of the Senate and finally reach a conclusion, whatever that conclusion may be. In my opinion there will be no reason to return to H. 3598. If we do go down the road that we are going down, the people of this State are going to be the losers and I can tell you that. The House version came over with $1,643 per base student cost in it. The Finance Committee was able to get that up some. But, it appears that revenue will be taken out due to some Points of Order that were just made. We will have to wait and see what that decision is. If we do return the base student cost to $1,643 per student, ladies and gentlemen of the Senate, it is almost criminal for us to go down the road that mandates and dictates that we stay anywhere close to that range. I can tell you it gives me a great deal of concern. I have said all along that I am committed to trying to get more money for education.

Based on what I had heard earlier, I think either one of the proposals would have gotten more money for education. But, now it looks to me that those proposals are not before the body and most probably -- and I want you to understand that -- will not be before the body. We have given this body the opportunity this day, to take up those proposals to generate the money and help education. But, for whatever reason, and I don't know what the reason is, there is a reluctance to take them up, knowing that, if either one of the two passes, there would be more money for educating our students. So, ladies and gentlemen, if that is the road you want to go down then, of course, it's the body's decision.

Let me -- if I may -- just spend a few minutes looking at the big picture we have before us this afternoon. The economic downturns that became apparent with the devastating events of 9/11 are in large measure responsible for where we are in the State of South Carolina. The fact that most other states are facing similar problems is of little

As the books closed on the 2001-02 year, we emptied the General Reserve fund, and every dollar in there is gone. In addition to that, we still have bills to pay. The Comptroller General borrowed $148,500,000 from our working council accounts to close those books when we got there. All that happened after taking the entire capitol reserve fund of $100 million in October of 2001 and cutting spending by $326 million during the year. The sputtering economy greeted the beginning of this fiscal year. To date we have reduced spending by 8.7%. The lowest agencies out there have been downsized dramatically as a result. Most will receive budget cuts again this year, and if we go down the road we are starting down, then those cuts will even be more drastic than we can imagine. The fat is gone and we are cutting into the muscle and bone of our agencies.

The Board of Economic Advisors projects a 1.8% general fund growth this fiscal year beginning in July. Now that's not much, but it would be the first increase in revenue since the year 2000-2001. That's the painful context in which we find ourselves today. Let's talk about our future if we may. Without bold action -- and I think either one of the proposals that's floating out there would be considered bold action -- school funding would drop to levels not seen in years. Thousands of our citizens -- young and old alike -- will lose Medicaid coverage, and the young will be denied an education. Not only that, but failure to live up to our responsibilities will cause a hidden tax increase on the people who pay for private health insurance. On Medicaid the issue is not whether we raise taxes but whether we do it out in the open or in secrecy via the rising health care costs of those with the ability to pay. Without bold action -- and I want to say again, either one of the two proposals would be bold action -- but without allowing us to look at those --teachers will be tossed out of the classroom and the neediest will be tossed off the Medicaid roles. Without that bold action, our hopes and dreams for South Carolina families will be dashed. I don't think that anyone in this body wants that to happen. I believe that every member of this Senate wants the best for our people, and we are struggling to find that.

You know, as I stand here this afternoon and think about where we are and where we are going, I think our choices are very stark; they are not pleasant. Because of that, I do not sense a consensus yet, but that is what debate is all about -- to probe, question and analyze. Though all of that is before us, I ask you to keep one thought above all in mind -- we have choices to make. We have made a choice this afternoon, and I disagree with that choice. I think it is the wrong choice, but we do have choices to make. We can cling to the status quo and do nothing bold or innovative and this will imperil Medicaid and education. I think the action we have taken this afternoon will do that. Or, we can pass a very massive tax increase on the people to provide funding for the various proposals that are before us. We can seize the moment, and I would hope that common sense would prevail. We can seize the moment, ladies and gentlemen, and rethink this thing on
H. 3598 (Word version). Allow us to go forward and do that. Because if we don't -- as I said when I started -- the people of the State of South Carolina are going to be the losers. There won't be a winner on the Republican side or a winner on the Democrat side, but the people of this State will be the losers.

Again, I urge you, and I simply ask you please, please, allow us on both sides of the aisle to get on H. 3598 to determine how much money we have to go to education, how much to Medicaid, how much to corrections and how much to Juvenile Justice. If we don't do that, as far as I am concerned, we have skirted our responsibilities as Senators in this great State.

Thank you so much.

On motion of Senator J. VERNE SMITH, with unanimous consent, Senator LEATHERMAN's remarks, were ordered printed in the Journal.

Senator HOLLAND spoke on the Bill.

In fairness to the members of the General Assembly I have been very reluctant to get involved over the years in anything that involves financial matters. I don't know enough about that to get out of the rain. But I think the occasion has come that we've got to speak. We've got a crisis. It's just a matter of whether you measure up to the tasks or not, to do what's got to be done. Senators, you know that. You've been here long enough to know it. I look around this wall and I don't see

North Carolina has seen fit to do it - Georgia has seen fit to do it. I've been in this General Assembly long enough to see the roads in this State become 49th in the nation. And we used to be, Senator SMITH, first in the nation. Because we've sat on our duffs and failed to do what we should do, I beg you to rise to the challenge and let's do what we've got to do. I'm not willing to close the days of my life on this earth to see education being dumped down the tube. You can't do it by putting a tax on cigarettes, a tax on this, a tax on that, and cutting this and cutting that. You've got to make a big effort, a big effort, to do it. I happened to be one of the last ones left here that was here in 1950-1951 when Jim Byrnes came down and said, "We need to put on a sales tax of 3%." I can remember what they said about that - to put on a 3% sales tax, but he was the salvation of this State at that time. You can run and hide and tuck your feathers here and yonder, but the issue is upon you. Are you going beat the problems that are before you? And the problem basically is education. Along with that go other things. But basically the problem is education. We're going to sell this State down the river if we fail to do something about helping the educational process. Now, if you tell me you're going to do it by cutting state income tax, state property tax - you're going to do it by meeting the responsibility and putting on a 2% sales tax dedicated to education and other things that might go along with it.

That's my challenge to you. I'm willing to take the responsibility. I don't know what you're going to do or what you want to start off with or what you're going to wind up with. But you're here without any money, voting on all these big things without any money, and you're not going to find it with these little minute solutions you're offering. We know we're never going to live to see the day when there won't be property tax. There's going to be property tax. I don't want to put our local school boards in the position they're being put in. If you're not going to get it from them - you're going to get it from somewhere else. The responsibility is on the State of South Carolina. Education has

I just want to make this simple statement. I think you should think of where you're going to get the money to do what's got to be done - not where we can run around and hide. You've got to raise whatever money is necessary for the schools. And I say the only way you can do it is to increase the sales tax. I'm a co-supporter of the MOORE amendment. I've been reluctant to say that because it might offend somebody, but I'm a Democrat and I'm going to say that. But I say it's got to be done and I'm willing to take the heat and do it.

On motion of Senator LAND, with unanimous consent, Senator HOLLAND's remarks were ordered printed in the Journal.

Senator LAND spoke on the Bill.

Mr. PRESIDENT, ladies and gentlemen of the Senate.

First, I want to thank the Senator from Kershaw for his remarks, because I think he properly framed this issue. I thank the Senator from Florence for his remarks. Ladies and gentlemen, this State that you and I love so much, Senator from Charleston, going back a long time - is in a crisis.

We as a Senate in the State of South Carolina cannot revert to funding our school children based on a 1994 level. The fault of where we find ourselves is to be shared by all of us, except one group in South Carolina, and that is the school children. They don't vote. They don't serve in the General Assembly. Our first obligation is to them, to see that they get a world class education, because no longer will they just be competing in South Carolina and the United States, but they will be competing all over this world.

The Appropriation Bill that came out of the House is totally inadequate, Senator from Greenville, totally inadequate. We could not live by that. The report that was proposed by the Senate Finance Committee made a step, Senator from Florence, in the right direction but not far enough, not far enough.

It is our understanding, and this is no criticism, that we have backed off of that approach and wisely so in my opinion. I voted against the report of the Finance Committee, because I thought it put too much of the burden - that needed to be shared by all - on the car buyer; that it

Now we can argue about procedure all that we want to and, Senator, we can point fingers. I could say it was not "our" side that brought up the Rule 24 Points of Order. As I understand the Senator from Pickens' motion, the cigarette tax increase that I will put in front of my tobacco farmers in Clarendon County and Florence County and Williamsburg County, Lee County - is gone - it is gone. Well, I am anticipating the ruling. It is gone. Now, what are we going to do, Senator from Greenville? What are we going to do for the sick people in the State of South Carolina? We didn't bring that motion up, and I am sure the Senator from Orangeburg would withdraw his motion if that causes any consternation on this side of the aisle. I would ask the Senator from Pickens to withdraw his motion. I would ask that every member of this Senate, whether you are for the tobacco tax increase or not, to withhold your motion under Rule 24 and let's see what the will of this Senate is. We can always pull out a Bill if we come to terms, Senator from Greenville, and put our agreement, our compromise there. It is never too late for that. We have to meet the needs of the sick people in South Carolina. We have to meet the needs of the people in nursing homes, and yes we need to go to 200% of poverty for the CHIPS program in South Carolina. How long do we have to see the other southeastern states get ahead of us in the way they treat our children - before we wake up? How long do we have to watch Georgia and North Carolina find out every federal Medicaid dollar they could get their hands on and build medical infrastructure like we have never seen? How long do we have to wait to wake up that that's the best deal the State of South Carolina has? Tell me Senators, where can you go to appropriate a dollar and get three? Where could you go? That is like manna from heaven. That's like the universal skyhook that we have always been looking for. That's your skyhook for South Carolina - fully funded and then come up with some more and buy those federal dollars,

Senator from Florence, I understand where you are coming from, and I appreciate where you are coming from, but I, like the Senator from Kershaw, want everybody in the balcony, every press person here with a pencil and a computer and everyone in the lobby who is willing to listen to tell everybody in South Carolina after we go through this committee report the dire financial circumstance we are in. I don't care who put us here. I reckon I was responsible, too. But I am also responsible for getting us out of the position that we find ourselves in. Let us get busy. Let us do the right thing for the people of South Carolina. Let us go through this budget and let's show this State the dire financial circumstance we find ourselves in. Let's show the people of this State that we are not funding the prison system where we lock people up. We have a powder keg out there waiting - a powder keg waiting to go off by the slightest mark, and then you will say, "Well, I wish we had funded it." We have a mental health program in South Carolina, thanks to the Senator from Greenville in major part, that is second to none in this nation. And we probably spend less on those community services than any other state, and we have a most effective program. But you cut out the funding for that agency, you are going to be treating them in the emergency rooms at a much higher price, and yes, sir, you are going to be having them in your jails that you aren't willing to put the guards in to guard. Yes, sir. We have our disabilities and special needs, a good program in South Carolina thanks again to the Senator from Greenville's efforts over the years where he fought for these people. Are we going to underfund them? At the same time we are losing federal dollars by underfunding these agencies that I am talking about.

Our natural resources are just as important to us as anything else. We need to fund it, Senator from Williamsburg. You have worked hard for that. We need to fund all these vital agencies in South Carolina. We can't do it by putting a $25.00 tax on a poor man that the judge didn't want to send to jail. Consequently, the judge puts a fine on him and since the poor man can't pay the fine, now he is going to jail after all. And we are going to pay a lot more than that $25.00 that we couldn't get out of the poor man. We need to wake up. We need to get busy. We need to come together as South Carolina State Senators; let's run the word "R" and run the word "D" out of here. Senator from

God bless you all.

On motion of Senator PATTERSON, with unanimous consent, Senator LAND's remarks were ordered printed in the Journal.

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

Senator HUTTO objected.

Senator MARTIN spoke on the Bill.

With Senator MARTIN retaining the floor, on motion of Senator McCONNELL, with unanimous consent, the members of the Committee on Judiciary were granted leave to attend a short meeting of the committee and be counted in any quorum calls.

Senator MARTIN continued speaking on the Bill.

With Senator MARTIN retaining the floor, on motion of Senator HAYES, with unanimous consent, Senators SHORT, JACKSON and HAYES were granted leave to attend a meeting of the Committee of Conference on S. 438.

Senator MARTIN continued speaking on the Bill.

Senator HUTTO raised a Point of Order that under Rule 24A, Proviso 73.2 of the Report of the Senate Finance Committee, was out of order inasmuch as it amends, suspends or repeals permanent law.

Senator HUTTO explained the proviso.

The PRESIDENT sustained the Point of Order.

Proviso 73.2 was ruled out of order.

Senator HUTTO raised a Point of Order that under Rule 24A, Proviso 73.3 of the Report of the Senate Finance Committee was out of order inasmuch as it amends, suspends or repeals permanent law.
Amend the bill further, as and if amended, Part IB, Section 73, X91, page 504, beginning on line 13, by striking Proviso 73.3 and inserting: / 73.3. (Law Enforcement Funding) (A) In addition to all other assessments and surcharges, during Fiscal Year 2003-04, a twenty-five dollar surcharge is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrates' or municipal court for misdemeanor traffic offenses or for nontraffic violations. No portion of the surcharge may be waived, reduced, or suspended. (B)(1) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction, which heard or processed the case and paid to the State Treasurer within thirty days after receipt. The State Treasurer may retain the actual cost associated with the collection of this surcharge not to exceed $40,000. The State Treasurer shall allocate and transfer quarterly the remaining revenue as follows: 37.75% of these funds quarterly to the circuit solicitors in the manner hereinafter provided, 22.10% to the Department of Juvenile Justice for the Coastal Evaluation Center, for Assault Prevention, and other federal lawsuit related expenses, 15% to the State Law Enforcement Division for its general purposes, 15% to the Department of Corrections for its general purposes, 3.75% to the Attorney General's Office for its general purposes, 3.75% to the Judicial Department for its general purposes, 1.55% to the Department of Natural Resources for statewide police responsibilities, 1% to the Office Appellate Defense for its general purposes, and 0.10% to the Forestry Commission for statewide police responsibilities. The State Treasurer shall transmit the portion of these funds earmarked for the solicitors' offices to the Prosecution Coordination Commission which shall then apportion these funds among the circuit solicitors of this State on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census. The funds shall be used for the operation of the solicitors' offices, and the solicitor may use a portion of those funds to provide for drug courts in their judicial circuits. (2) The funds received by solicitors' offices pursuant to this paragraph in part are to replace the funds received by solicitors in the same year from judicial circuits state support pursuant to Paragraph 33.3 Judicial Circuits State Support. As a result and notwithstanding the

Senator HUTTO explained the proviso.

The PRESIDENT took the Point of Order under advisement, which was subsequently overridden.

Senator RICHARDSON spoke on the Bill.

Senator LEATHERMAN moved to take up for immediate consideration Amendment No. 1.

Senator MOORE made a Parliamentary Inquiry as to whether further Points of Order could be raised pending consideration of the General Appropriations Bill.

The PRESIDENT stated that Points of Order could be raised at any time.

Senator MOORE raised a Point of Order that Amendment No. 1 was out of order inasmuch as the pending question should be the adoption of the first divided item of the Report of the Committee on Finance and this amendment did not pertain to that item.

Senator MOORE made a Parliamentary Inquiry under Rule 18 as to whether or not the first item for consideration would be the first item in the Report of the Committee of Finance on the General Appropriations Bill as listed on the document.

Senator RICHARDSON spoke on the Parliamentary Inquiry.

Senator MOORE requested that the Reading Clerk publish the first item in the committee report.

Senator MARTIN spoke on the request.

At 4:03 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 4:15 P.M.

At 4:34 P.M., the Senate resumed.

The Committee on Finance proposed the following amendment (3749R001.HKL), which was divided into the following items pursuant to the motion under Rule 18:

Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 4, line 36, by:

COLUMN 7   COLUMN 8

/   STRIKING:                 2,783,814   0

and

INSERTING:                   2,633,814   0/

Senator RICHARDSON moved to carry over Item 1.

A roll call vote was requested.

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

Alexander                 Branton                   Courson
Cromer                    Fair                      Giese
Gregory                   Grooms                    Hawkins

Hayes                     Knotts                    Kuhn
Leatherman                Martin                    McConnell
Mescher                   Peeler                    Ravenel
Richardson                Ritchie                   Ryberg
Smith, J. Verne           Thomas                    Verdin
Waldrep

Anderson                  Elliott                   Ford
Glover                    Holland                   Hutto
Jackson                   Land                      Malloy
Matthews                  McGill                    Moore
O'Dell                    Patterson                 Pinckney
Rankin                    Reese                     Setzler
Short

Item 1 was carried over.

Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 5, line 34, by:

COLUMN 7   COLUMN 8

/   STRIKING:                     0             0

and

INSERTING:                 1,312,874           0/

Senator RICHARDSON moved to carry over Item 2.

Senator RICHARDSON made a Parliamentary Inquiry as to whether or not Section 1 could be carried over in its entirety.

Senator MOORE spoke on the Inquiry.

Senator PEELER explained the item.

Senator MARTIN moved to carry over Item 2.

Item 2 was carried over.

Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 21, by:

COLUMN 7   COLUMN 8

/   STRIKING:                   2,000,000   0

and

INSERTING:                     1,000,000   /

Senator MARTIN moved to carry over Item 3.

Item 3 was carried over.

Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 26, by:

COLUMN 7   COLUMN 8

/   STRIKING:               120,262,397   0

and

INSERTING:                 120,412,397   /

Senator MARTIN moved to carry over Item 4.

Item 4 was carried over.

Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, line 8, by:

COLUMN 7     COLUMN 8

/   STRIKING:               651,796         0

and

INSERTING:                 500,226   /

Senator MARTIN moved to carry over Item 5.

Item 5 was carried over.

Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, line 9, by:

COLUMN 7     COLUMN 8

/   STRIKING:               6,274,891     0

and

INSERTING:                 6,113,587     0/

Senator MARTIN moved to carry over Item 6.

Senator PEELER explained Item 6.

Item 6 was carried over.

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

COLUMN 7     COLUMN 8

/EFA - Contingent on

Enactment of Proviso 73.4     145,650,000     145,650,000/

Senator MARTIN moved to carry over Item 7.

Item 7 was carried over.

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

COLUMN 7     COLUMN 8

/EFA - Contingent on

Enactment of Proviso 73.5       5,850,000     5,850,000/

Senator SETZLER moved to carry over Item 8.

Item 8 was carried over.

Amend the bill further, as and if amended, Part 1A, Section 1, DEPARTMENT OF EDUCATION, page 11, by inserting after line 29:

COLUMN 7     COLUMN 8

/Offset DHHS Medicaid

Reimbursement             20,000,000       20,000,000/

Senator SETZLER moved to carry over Item 9.

Item 9 was carried over.

Senator MOORE proposed the following Amendment No. 8 (SEC1-BUSES):

Amend the Finance Committee amendment, as and if amended, page [3749-1], by inserting:

Amend the bill further, as and if amended, Part 1A, Section 1, DEPARTMENT OF EDUCATION, page 4, line 4, by:

COLUMN 7   COLUMN 8

/STRIKING:                         8,261,888     8,261,888

and INSERTING:                   17,261,888   17,261,888 /

Amend title, totals, and other necessary references to conform.

Senator MOORE explained the amendment.

With Senator MOORE retaining the floor, Senator LAND asked unanimous consent to make a motion to take up an amendment for immediate consideration pertaining to providing Medicaid funding in the sum of $171,000,000 produced by an increase from $ .07 to $ .60 per pack of cigarettes.

Senator KNOTTS objected.

Senator MOORE explained the amendment.

With Senator MOORE retaining the floor, Senator LAND asked unanimous consent to make a motion to take up an amendment for immediate consideration pertaining to providing Medicaid funding in the sum of $171,000,000 produced by an increase from $ .07 to $ .60 per pack of cigarettes and the Governor's income tax reduction plan as passed by the Senate Finance Committee.

Senator PINCKNEY objected.

On motion of Senator J. VERNE SMITH, with unanimous consent, debate was interrupted by adjournment, with Senator MOORE retaining the floor.

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

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

Thomas Edward Davis, P.O. Box 215, Bethune, S.C. 29009-0215

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

R. Eugene Hartis, 1477 Springhill Road, Camden, S.C. 29020

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

Francis E. James, P. O. Box 32, Elgin, S.C. 29045

At 5:22 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 10:00 A .M.

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