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 Pro Tempore.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a few words from Isaiah (52:7):
"How beautiful upon the mountains are the feet of the messenger who announces peace, who brings good news."
Let us pray.
Father, You are the Guardian of our destinies. All of history proclaims the story.
Even in our day we get tidings that are sad, and the future is cloudy.
Help us to be done with the prophets of gloom and doom.
Give us the tidings of a glad day; that God is in His heavens and that He will care for and redeem His children.
It is an awesome prayer to pray; but we must pray it: make us... all of us... agents of God Almighty... in these days of hope, fulfilling the words of Isaiah of old: "How beautiful are the feet of the messenger who announces peace, who brings good news."
Amen.
At 10:04 A.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 Giese Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Peeler Rankin Ravenel Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
A quorum being present, the Senate resumed.
Senators JACKSON, FORD, GLOVER, PATTERSON and PINCKNEY recorded their presence subsequent to the Call of the Senate.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received:
Document No. 2855
Agency: Department of Health and Environmental Control
SUBJECT: Water Classifications and Standards
Received by Lieutenant Governor January 13, 2004
Referred to Medical Affairs Committee
Legislative Review Expiration May 11, 2004
Revised Expiration Date May 25, 2004
Withdrawn and Resubmitted May 25, 2004
Senator SETZLER introduced Dr. Julio C. Arroyo of West Columbia, S.C., Doctor of the Day.
On motion of Senator RYBERG, at 10:05 A.M. Senator GREGORY was granted a leave of absence until 2:30 P.M.
At 1:15 P.M., Senator HUTTO requested a leave of absence beginning at noon on Saturday, May 8, 2004, and lasting until noon on Sunday, May 9, 2004.
At 12:20 P.M., Senator RAVENEL requested a leave of absence beginning at 1:00 P.M. today and lasting until noon on Tuesday.
At 1:50 P.M., Senator McGILL requested a leave of absence until 7:00 P.M. this evening.
At 5:00 P.M., Senator HAYES requested a leave of absence for the balance of the day.
On motion of Senator VERDIN, at 5:50 P.M. Senator MARTIN was granted a leave of absence for the balance of the day.
At 10:10 A.M., Senator MARTIN asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:00 Noon.
There was no objection and a message was sent to the House accordingly.
H. 5191 (Word version) -- Rep. Hamilton: A CONCURRENT RESOLUTION TO RECOGNIZE THE URGENCY OF FINDING SOLUTIONS TO THE PROBLEM OF THE LACK OF HEALTH INSURANCE BY MANY SOUTH CAROLINIANS AND TO DECLARE THE WEEK OF MAY 10-16, 2004, AS "COVER THE UNINSURED WEEK" IN THIS STATE.
Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the General Committee.
There was no objection.
The Resolution was recalled from the committee.
Senator MESCHER asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.
On motion of Senator MESCHER, with unanimous consent, the Resolution was adopted and ordered returned to the House.
S. 1226 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 6 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 33 IN CALHOUN COUNTY THROUGH THE TOWN OF ELLOREE, SOUTH CAROLINA, IN ORANGEBURG COUNTY THE "WILLIAM BURDEN BOOKHART, JR. HIGHWAY" AND TO ERECT APPROPRIATE SIGNS WHICH CONTAIN THE WORDS "WILLIAM BURDEN BOOKHART, JR. HIGHWAY" ALONG THIS PORTION OF HIGHWAY.
Senator MATTHEWS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
There was no objection.
The Resolution was recalled from the committee.
Senator MATTHEWS asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.
On motion of Senator MATTHEWS, with unanimous consent, the Resolution was adopted and ordered returned to the House.
The following were introduced:
S. 1227 (Word version) -- Senators J. Verne Smith, Anderson, Fair, Thomas and Verdin: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE SENATE OFFICE BUILDING ON THURSDAY, DECEMBER 2, 2004, AND FRIDAY, DECEMBER 3, 2004, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
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The Senate Resolution was introduced and referred to the Committee on Invitations.
S. 1228 (Word version) -- Senator Pinckney: A SENATE RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE SENATE OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF UNITED STATES ARMY STAFF SERGEANT ESAU G. PATTERSON, JR., ON THURSDAY, APRIL 29, 2004, SOUTH OF BAGHDAD, IRAQ, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Senate Resolution was adopted.
H. 4801 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-748, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE ISSUED A RESTRICTED DRIVER'S LICENSE UNDER VARIOUS PROVISIONS OF LAW BEING INELIGIBLE TO OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THESE PROVISIONS, SO AS TO PROVIDE THAT THIS LIMITATION ALSO APPLIES TO A PERSON ISSUED A RESTRICTED DRIVER'S LICENSE AFTER HIS LICENSE IS SUSPENDED FOR REFUSING TO SUBMIT TO TESTING TO DETERMINE HIS ALCOHOL CONCENTRATION OR FOR REGISTERING A CERTAIN LEVEL OF ALCOHOL CONCENTRATION; AND TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ISSUED ONLY ONE PROVISIONAL DRIVER'S LICENSE IN A TEN-YEAR PERIOD.
Read the first time and referred to the Committee on Judiciary.
H. 5111 (Word version) -- Reps. Witherspoon, Frye, McLeod, Coleman, Bailey, Martin, Townsend, Sinclair, Barfield, Cobb-Hunter, Rutherford, Mack, Rhoad, Ott, Duncan, J. H. Neal, Emory, J. M. Neal, Whitmire, Thompson, Cooper, Anthony, Bales, Bowers, R. Brown, Clemmons, Coates, Davenport, Freeman, Govan, Herbkersman, J. Hines, Hosey, Jennings, Keegan, Kennedy, Koon, Lee, Limehouse, Loftis, Neilson, Pinson, M. A. Pitts, Rivers, Sandifer, F. N. Smith, G. M. Smith, Snow, Talley, Taylor, Toole, Umphlett, Weeks, Whipper and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 39 SO AS TO ENACT THE "SOUTH CAROLINA DAIRY STABILIZATION ACT", TO ESTABLISH THE SOUTH CAROLINA MILK BOARD, TO PROVIDE FOR ITS MEMBERS, PROCEDURES FOR THEIR APPOINTMENT AND FOR THEIR POWERS AND DUTIES; TO PROVIDE THAT THE BOARD'S PRIMARY DUTY IS TO ESTABLISH A FAIR MARKET BREAKEVEN PRICE FOR PRODUCERS OF MILK AND EXERCISE GENERAL SUPERVISION OVER THE MILK INDUSTRY IN THIS STATE; TO PROVIDE THAT THE BOARD MUST BE LOCATED IN THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE; TO AUTHORIZE THE BOARD TO ENTER INTO COMPACTS FOR A UNIFORM SYSTEM OF MILK CONTROL, TO CONDUCT INVESTIGATIONS AND MEDIATE AND ARBITRATE MILK DISPUTES, TO ISSUE RULES, ORDERS, AND FAIR MARKET BREAKEVEN MILK PRICES, TO SPECIFY CONDITIONS UNDER WHICH FEES MAY BE COLLECTED WHEN MILK DROPS BELOW THE FAIR MARKET BREAKEVEN PRICE SET BY THE BOARD, AND TO PROVIDE FOR THE COLLECTION AND DISBURSAL OF THESE FEES; TO REQUIRE LICENSURE IN ORDER TO OPERATE AS A MILK BUYER; TO AUTHORIZE THE BOARD TO DEVELOP A SYSTEM OF ACCOUNTING FOR BUYERS OF MILK AND TO SANCTION THOSE BUYERS WHO DO NOT USE THE SYSTEM; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 5193 (Word version) -- Reps. Scarborough, Altman, Hagood, Harrell and Limehouse: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HARBOR VIEW ROAD OVER JAMES ISLAND CREEK IN CHARLESTON COUNTY THE DR. JULIAN THOMAS BUXTON, JR. BRIDGE AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "DR. JULIAN THOMAS BUXTON, JR. BRIDGE".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 5196 (Word version) -- Reps. Ceips and Scarborough: A CONCURRENT RESOLUTION TO RECOGNIZE THE VALUE OF SOUTH CAROLINA'S BEACHES AND COASTAL AREAS AND TO PROVIDE FOR THEIR PROTECTION AS A PUBLIC TRUST RESOURCE THROUGH THE IMPLEMENTATION OF POLICIES DESIGNED TO DEFEND AGAINST EROSION.
The Concurrent Resolution was introduced and referred to the Committee on Agriculture and Natural Resources.
Senator McCONNELL from the Committee on Judiciary polled out H. 4127 majority favorable with amendments and Senator HUTTO a minority report:
H. 4127 (Word version) -- Reps. Wilkins, Harrell, Quinn, Harrison, W.D. Smith, Cotty, Cato, Young, G.R. Smith, Tripp, Bailey, Leach, Koon, Altman, Bingham, Ceips, Chellis, Clark, Davenport, Delleney, Duncan, Edge, Frye, Gilham, Hagood, Hamilton, Haskins, Herbkersman, Hinson, Keegan, Limehouse, Mahaffey, McGee, Merrill, Rice, Sandifer, Scarborough, Skelton, D.C. Smith, G.M. Smith, J.R. Smith and Toole: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2003" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH THE DIVISION OF THE STATE CHIEF INFORMATION OFFICER TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER WHO IS APPOINTED BY THE BUDGET AND CONTROL BOARD UPON RECOMMENDATION OF THE GOVERNOR AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DEPARTMENT; TO CREATE A JOINT INFORMATION FINANCE COMMITTEE AND THE INFORMATION TECHNOLOGY ARCHITECTURE REVIEW PANEL AND TO PROVIDE FOR THE FUNCTIONS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE AND PANEL, AND TO AMEND SECTION 11-35-1580, AS AMENDED, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO DELETE CERTAIN RESPONSIBILITIES OF THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE; AND BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MUST BE NOMINATED BY THE GOVERNOR AND ELECTED UNANIMOUSLY BY THE BUDGET AND CONTROL BOARD FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT.
McConnell Moore Gregory Martin Mescher Rankin Elliott Waldrep Fair Richardson Hawkins Ritchie Verdin Kuhn Knotts Malloy Cromer Sheheen
Ford Glover Jackson Hutto
Anderson
Ordered for consideration tomorrow.
Columbia, S.C., May 5, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 658 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND TERMS OF MUNICIPAL JUDGES, SO AS TO ESTABLISH A SET TERM OF FOUR YEARS RATHER THAN A TERM SET BY THE COUNCIL OF THE MUNICIPALITY NOT TO EXCEED FOUR YEARS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 5, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3460 (Word version) -- Reps. Jennings, Lucas, F.N. Smith, Bales and Hayes: A BILL TO AMEND SECTION 14-7-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER OR A SEVERELY DISABLED PERSON WHO CANNOT CARE FOR HIMSELF OR CANNOT BE LEFT UNATTENDED MAY BE EXCUSED FROM JURY DUTY BY THE PRESIDING JUDGE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 5, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3473 (Word version) -- Reps. Jennings, Hosey, Whipper, Bales, Branham, Breeland, Haskins, Herbkersman, J. Hines, J.E. Smith, M. Hines, Littlejohn, Lloyd, Rivers, Simrill, Vaughn and Witherspoon: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES OF HUMAN REMAINS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO STEAL ANYTHING OF VALUE FROM CERTAIN REPOSITORIES OF HUMAN REMAINS, TO MAKE A TECHNICAL CHANGE, AND TO REVISE THE PENALTY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 5, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4115 (Word version) -- Reps. Lourie, Parks, Littlejohn, Weeks and McLeod: A BILL TO ENACT THE SOUTH CAROLINA BIRTH DEFECTS ACT OF 2003 BY ADDING CHAPTER 44 TO TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ESTABLISH A BIRTH DEFECTS PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMOTE INCREASED UNDERSTANDING AND THE PREVENTION AND REDUCTION OF BIRTH DEFECTS; TO PROVIDE INFORMATION AND REFERRAL SERVICES; TO ESTABLISH THE BIRTH DEFECTS ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO REQUIRE THE PROGRAM TO CONDUCT SURVEILLANCE AND MONITORING OF BIRTH DEFECTS AND TO MAINTAIN A CENTRAL DATABASE OF THIS INFORMATION; TO REQUIRE VARIOUS HEALTHCARE PROVIDERS TO PROVIDE ACCESS TO BIRTH DEFECT INFORMATION; TO PROVIDE PROCEDURES FOR DISCLOSURE OF INFORMATION; AND TO PROVIDE IMMUNITY AND CONFIDENTIALITY PROVISIONS AND PENALTIES FOR VIOLATIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 5, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4130 (Word version) -- Reps. Cato, Tripp, G.R. Smith, Anthony and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-117 SO AS TO PROVIDE FLEXIBILITY IN THE PROMULGATION OF REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, TO DEFINE "SMALL BUSINESS", TO REQUIRE EXAMINATION OF REGULATORY ALTERNATIVES, TO PROVIDE FOR REVIEW OF AN AGENCY DECISION IN THIS CONNECTION, TO REQUIRE REVIEW OF AGENCY REGULATIONS IN THE CONTEXT OF PROMOTING FLEXIBILITY IN PROMULGATING REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, AND TO PROVIDE FOR EMERGENCY REGULATIONS; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS IN CONNECTION WITH THE PROMULGATION OF REGULATIONS, SO AS TO INCLUDE "SMALL BUSINESSES" AND A REFERENCE TO SECTION 1-23-117; AND TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REQUIRE AN AGENCY SUBMITTING A REGULATION FOR REVIEW TO ALSO SUBMIT THE DOCUMENTS AN AGENCY IS REQUIRED TO PREPARE PURSUANT TO THIS ACT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 1224 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE GENERAL ASSEMBLY UPON THE DEATH OF HENRY RUFUS CAUGHMAN, JR. OF ORANGEBURG COUNTY, TUESDAY, DECEMBER 23, 2003, AND TO CONVEY THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Returned with concurrence.
Received as information.
S. 1215 (Word version) -- Senators Leatherman, McGill, Malloy, Glover, Land and Elliott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE OF INTERSTATE 95 AND HIGHWAY 327 IN FLORENCE COUNTY IN HONOR OF MR. ROBERT W. WILLIAMS, JR. FOR HIS LONG AND OUTSTANDING CAREER AS A PIONEER OF RURAL ELECTRIFICATION AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE INTERCHANGE SO THAT AS THE PUBLIC PASSES, THEY WILL REMEMBER MR. WILLIAMS' CONTRIBUTIONS TO THE COMMUNITY.
Returned with concurrence.
Received as information.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 6, 2004, at 12:00 P.M. and the following Acts and Joint Resolutions were ratified:
(R296, S. 769 (Word version)) -- Senators Cromer, Reese and Knotts: AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROPERTY TAX, SO AS TO EXTEND THE HOMESTEAD EXEMPTION ALLOWED A VETERAN PERMANENTLY AND TOTALLY DISABLED FROM A SERVICE-CONNECTED DISABILITY AND THAT VETERAN'S SPOUSE AND TO THE SURVIVING SPOUSE OF A SERVICEMAN OR LAW ENFORCEMENT OFFICER KILLED IN ACTION IN THE LINE OF DUTY, TO A FIREFIGHTER OR LAW ENFORCEMENT OFFICER PERMANENTLY AND TOTALLY DISABLED FROM A SERVICE-CONNECTED DISABILITY AND TO THAT LAW ENFORCEMENT OFFICER'S OR FIREFIGHTER'S SURVIVING SPOUSE, TO EXTEND THE EXEMPTION TO THE SURVIVING SPOUSE OF A LAW ENFORCEMENT OFFICER OR FIREFIGHTER WHO DIED IN THE LINE OF DUTY, TO CONTINUE THE EXEMPTION TO SUBSEQUENT HOMESTEADS OF SURVIVING SPOUSES AND PROVIDE THE REQUIREMENTS FOR THIS EXTENDED EXEMPTION, AND TO PROVIDE DEFINITIONS APPLICABLE FOR THIS EXEMPTION, INCLUDING A DEFINITION FOR "PERMANENTLY AND TOTALLY DISABLED".
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(R297, S. 799 (Word version)) -- Senator Thomas: A JOINT RESOLUTION TO PROVIDE THAT FORK SHOALS ROAD IN GREENVILLE AT ITS CONJUNCTION WITH THE DONALDSON CENTER IS NAMED THE "JAMES R. AND AIDA HATLEY MEMORIAL HIGHWAY" AND TO FURTHER PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION IS DIRECTED TO PLACE APPROPRIATE SIGNS ON FORK SHOALS ROAD IN GREENVILLE AT ITS CONJUNCTION WITH THE DONALDSON CENTER THAT READ: "JAMES R. AND AIDA HATLEY MEMORIAL HIGHWAY".
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(R298, S. 898 (Word version)) -- Senators J. Verne Smith, Fair, Knotts, Thomas, Martin, Land, Moore and Alexander: AN ACT TO AMEND CHAPTER 33, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF THE NURSING PROFESSION, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION INCLUDING, BUT NOT LIMITED TO, INCREASING THE BOARD MEMBERSHIP FROM NINE TO TEN BY ADDING A LAY PERSON, TO CODIFY AND FURTHER SPECIFY THE REQUIREMENTS FOR LICENSURE AND SCOPE OF PRACTICE FOR A NURSE PRACTITIONER, CERTIFIED NURSE-MIDWIFE, CLINICAL NURSE SPECIALIST, AND CERTIFIED REGISTERED NURSE ANESTHETIST, TO FURTHER SPECIFY LICENSURE AND EXAMINATION PROCEDURES, TO PROVIDE PROCEDURES AND REQUIREMENTS FOR EXPANDED PRACTICE IN NURSING, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE NURSING PROFESSION.
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(R299, S. 973 (Word version)) -- Senators Waldrep and O'Dell: AN ACT TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT OPERATING MILLAGE LEVIED IN A COUNTY FOR ALTERNATIVE SCHOOLS, CAREER AND TECHNOLOGY CENTERS, AND COUNTY BOARDS OF EDUCATION WHETHER OR NOT LEVIED COUNTYWIDE OR ON A SCHOOL DISTRICT BY SCHOOL DISTRICT BASIS ALSO IS CONSIDERED SCHOOL OPERATING MILLAGE TO WHICH THE PROPERTY TAX EXEMPTION PROVIDED BY THIS SECTION APPLIES, AND TO PROVIDE THAT COUNTY TREASURERS SHALL CONSIDER THESE OPERATING MILLAGES IN DETERMINING REVENUE LOST WHEN MAKING DISBURSEMENTS TO SCHOOL DISTRICTS FROM TRUST FUNDS FOR TAX RELIEF FUNDS.
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(R300, S. 1075 (Word version)) -- Senators Short, Hayes, Hutto, Leventis, Peeler, Martin, Moore, Giese, Verdin, Fair, Reese, Setzler, O'Dell, Malloy, Knotts and Cromer: AN ACT TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME AND OTHER TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS A TEXTILE MANUFACTURING FACILITY OR FOR ANCILLARY PURPOSES; TO AMEND SECTIONS 55-11-500, AS AMENDED, 55-11-510, AND 55-11-520, ALL RELATING TO STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO PROVIDE FOR A DOLLAR-FOR-DOLLAR MATCH FOR LOCAL FUNDS EXPENDED BY A SPECIAL PURPOSE DISTRICT OR OTHER POLITICAL SUBDIVISION OF THE STATE IN THE DEVELOPMENT OF SUCH A FACILITY; TO AMEND SECTION 11-41-30, AS AMENDED, RELATING TO AUTHORIZED ECONOMIC DEVELOPMENT PROJECTS, SO AS TO INCLUDE AIR CARRIER HUB TERMINAL FACILITIES; TO AMEND SECTION 12-10-82, RELATING TO ASSIGNMENT OF FUTURE PAYMENTS ATTRIBUTABLE TO THE JOB DEVELOPMENT CREDIT, SO AS TO PROVIDE FOR ASSIGNMENT TO ANOTHER DESIGNEE AND TO DEFINE "OTHER DESIGNEE".
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(R301, S. 1136 (Word version)) -- Senators Leventis and Land: AN ACT TO AMEND ACT 741 OF 1990, AS AMENDED, AND ACT 620 OF 1992, AS AMENDED, BOTH RELATING TO ELECTION OF THE SUMTER COUNTY SCHOOL DISTRICT BOARDS OF TRUSTEES, SO AS TO CHANGE THE FILING DATES FOR THE CANDIDATES TO FILE BY AUGUST FIFTEENTH TO CONFORM TO STATE LAW AND CHANGE REFERENCES FROM THE COUNTY ELECTION COMMISSION TO THE REGISTRATION AND ELECTIONS COMMISSION.
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(R302, S. 1143 (Word version)) -- Senators Malloy, Land and Leventis: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE LEE COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
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(R303, S. 1150 (Word version)) -- Senators Setzler, Knotts and Cromer: AN ACT TO ESTABLISH THE GILBERT-SUMMIT RURAL COMMUNITY WATER DISTRICT, TO PROVIDE FOR THE MEMBERSHIP OF THE GOVERNING BOARD, AND TO PROVIDE FOR THE ELECTION OF THE CHAIR AND VICE CHAIR.
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(R304, S. 1173 (Word version)) -- Senator Ritchie: A JOINT RESOLUTION TO AUTHORIZE THE CITY OF SPARTANBURG TO RELOCATE A STATUE OF REVOLUTIONARY WAR HERO GENERAL DANIEL MORGAN ONE HUNDRED FIFTY-FOUR FEET TO THE CENTER OF MORGAN SQUARE.
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(R305, H. 3460 (Word version)) -- Reps. Jennings, Lucas, F.N. Smith, Bales and Hayes: AN ACT TO AMEND SECTION 14-7-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THAT A PERSON WHO IS THE PRIMARY CARETAKER OF A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER OR A SEVERELY DISABLED PERSON WHO CANNOT CARE FOR HIMSELF OR CANNOT BE LEFT UNATTENDED MAY BE EXCUSED FROM JURY DUTY BY THE PRESIDING JUDGE.
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(R306, H. 3473 (Word version)) -- Reps. Jennings, Hosey, Whipper, Bales, Branham, Breeland, Haskins, Herbkersman, J. Hines, J.E. Smith, M. Hines, Littlejohn, Lloyd, Rivers, Simrill, Vaughn and Witherspoon: AN ACT TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES OF HUMAN REMAINS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO WILFULLY AND KNOWINGLY STEAL ANYTHING OF VALUE FROM CERTAIN REPOSITORIES OF HUMAN REMAINS, TO MAKE A TECHNICAL CHANGE, AND TO REVISE THE PENALTY.
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(R307, H. 3594 (Word version)) -- Reps. Jennings, Harrison, F.N. Smith, Lucas, G.M. Smith, Hagood, Lourie, McLeod, Bingham, Owens, Scott, Whipper, Delleney and Toole: AN ACT TO AMEND SECTION 23-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING CERTAIN OFFENDERS TO PROVIDE A SAMPLE FROM WHICH DEOXYRIBONUCLEIC ACID (DNA) MAY BE OBTAINED, SO AS TO PROVIDE THAT BEGINNING JULY 1, 2004, RATHER THAN REQUIRING ONLY CERTAIN OFFENDERS TO PROVIDE A DNA SAMPLE, ALL PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR ANY FELONY OR ANY OFFENSE PUNISHABLE BY IMPRISONMENT FOR FIVE YEARS OR MORE MUST PROVIDE SUCH A SAMPLE AND TO INCLUDE PROVISIONS FOR OBTAINING SAMPLES FROM THOSE CONVICTED OR ADJUDICATED DELINQUENT FELONS PRIOR TO THIS ACT'S EFFECTIVE DATE WHO ARE SERVING A TERM OF CONFINEMENT ON THIS ACT'S EFFECTIVE DATE; TO AMEND SECTIONS 23-3-630, 23-3-640, AND 23-3-650, RELATING TO PERSONS AUTHORIZED TO TAKE DNA BLOOD SAMPLES, THE DUTIES OF SLED WITH RESPECT TO THE USE AND DISPOSITION OF THESE SAMPLES AND PREPARATION OF DNA PROFILES, AND THE CONFIDENTIALITY OF DNA SAMPLES AND PROFILES, SO AS TO PROVIDE THAT PERSONS AUTHORIZED TO TAKE SAMPLES ARE NOT IMMUNE FROM LIABILITY FOR NEGLIGENCE IN TAKING A BLOOD SAMPLE, TO PROVIDE FOR THE SECURE AND CONFIDENTIAL STORAGE OF THESE SAMPLES, AND TO ALLOW THOSE AGENCIES AUTHORIZED BY LAW OR COURT ORDER TO RECEIVE THE RESULTS OF A DNA PROFILE TO SIMILARLY RECEIVE A DNA SAMPLE.
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(R308, H. 4115 (Word version)) -- Reps. Lourie, Parks, Littlejohn, Weeks and McLeod: AN ACT TO ENACT THE SOUTH CAROLINA BIRTH DEFECTS ACT BY ADDING CHAPTER 44 TO TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ESTABLISH A BIRTH DEFECTS PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMOTE INCREASED UNDERSTANDING AND THE PREVENTION AND REDUCTION OF BIRTH DEFECTS; TO PROVIDE INFORMATION AND REFERRAL SERVICES; TO ESTABLISH THE BIRTH DEFECTS ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO REQUIRE THE PROGRAM TO CONDUCT SURVEILLANCE AND MONITORING OF BIRTH DEFECTS AND TO MAINTAIN A CENTRAL DATABASE OF THIS INFORMATION; TO REQUIRE VARIOUS HEALTH CARE PROVIDERS TO PROVIDE ACCESS TO BIRTH DEFECT INFORMATION; TO PROVIDE PROCEDURES FOR DISCLOSURE OF INFORMATION; AND TO PROVIDE IMMUNITY AND CONFIDENTIALITY PROVISIONS AND PENALTIES FOR VIOLATIONS.
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(R309, H. 4130 (Word version)) -- Reps. Cato, Tripp, G.R. Smith, Anthony and Jennings: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 23, TITLE 1 SO AS TO ENACT THE SOUTH CAROLINA SMALL BUSINESS REGULATORY FLEXIBILITY ACT AND TO PROVIDE FLEXIBILITY IN THE PROMULGATION OF REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, TO DEFINE "SMALL BUSINESS", TO REQUIRE EXAMINATION OF REGULATORY ALTERNATIVES, TO PROVIDE FOR REVIEW OF AN AGENCY DECISION IN THIS CONNECTION, TO REQUIRE REVIEW OF AGENCY REGULATIONS IN THE CONTEXT OF PROMOTING FLEXIBILITY IN PROMULGATING REGULATIONS THAT ADVERSELY IMPACT SMALL BUSINESSES, AND TO ESTABLISH THE SMALL BUSINESS REGULATORY REVIEW COMMITTEE WITHIN THE DEPARTMENT OF COMMERCE, PROVIDING FOR ITS MEMBERSHIP, FOR ITS PROCEDURE FOR REVIEWING REGULATIONS, AND FOR EXCEPTIONS TO THE REVIEW REQUIRED BY THIS ACT; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS IN CONNECTION WITH THE PROMULGATION OF REGULATIONS, SO AS TO INCLUDE "SMALL BUSINESSES" AND A REFERENCE TO THIS ACT; AND TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REQUIRE AN AGENCY SUBMITTING A REGULATION FOR REVIEW TO ALSO SUBMIT THE DOCUMENTS AN AGENCY IS REQUIRED TO PREPARE PURSUANT TO THIS ACT.
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(R310, H. 4262 (Word version)) -- Reps. Neilson, Barfield, Bales, Cobb-Hunter, Clyburn, Martin, J. Hines, Rutherford, J. Brown, Hosey, Hayes, J.E. Smith, Altman, Anthony, Bailey, Battle, Branham, Emory, Freeman, Harvin, M. Hines, Keegan, Kennedy, Koon, Leach, Rhoad, Richardson, Rivers, Scarborough, Simrill, J.R. Smith, Snow, Thompson, Young, Walker, Clemmons, Lourie, Sandifer, Owens, Clark, Weeks, McLeod, Whipper, Allen and Jennings: AN ACT 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; TO ESTABLISH THE TRAUMA CARE FUND FOR PAYMENT OF THE DEPARTMENT'S EXPENSES IN ESTABLISHING ADMINISTERING, AND OVERSEEING THE STATE TRAUMA CARE SYSTEM; AND TO PROVIDE THAT THE DEPARTMENT'S RESPONSIBILITIES UNDER THIS ACT ARE CONTINGENT UPON ADEQUATE FUNDING.
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(R311, H. 4698 (Word version)) -- Reps. Witherspoon, Rhoad, Bailey, Barfield, Battle, Coates, Davenport, Duncan, Edge, Hayes, J. Hines, Keegan, Leach, Limehouse, McCraw and M.A. Pitts: AN ACT TO AMEND SECTION 48-23-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICIAL SUMMONS FOR MAKING ARRESTS BY FOREST LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE VIOLATIONS FOR WHICH THIS SUMMONS MAY BE USED; AND TO AMEND SECTION 48-23-96, RELATING TO THE APPOINTMENT AND TRAINING OF FOREST LAW ENFORCEMENT OFFICERS, SO AS TO FURTHER PROVIDE FOR THEIR APPOINTMENT AND LAW ENFORCEMENT RESPONSIBILITIES.
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(R312, H. 4753 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO RECIPIENT UTILIZATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R313, H. 4793 (Word version)) -- Reps. Kennedy, Harvin and Snow: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27 AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN THE WILLIAMSBURG COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R314, H. 4818 (Word version)) -- Reps. Cato, J.H. Neal, Moody-Lawrence, Lloyd, R. Brown, Emory, Mack, Cobb-Hunter, Govan, Chellis, Whipper, Trotter, Cooper, White, Barfield, Harrison, Sandifer, Thompson, McGee, Merrill, W.D. Smith and Huggins: AN ACT TO AMEND SECTION 37-2-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CREDIT SALE, SO AS TO PROVIDE THAT A DELINQUENCY CHARGE MUST NOT BE APPLIED TO A DELINQUENCY ATTRIBUTABLE ONLY TO AN ASSESSMENT AGAINST AN EARLIER INSTALLMENT AND TO PROVIDE FOR CONSTRUCTION OF THE PROVISION IN CONFORMITY WITH FEDERAL LAW; TO AMEND SECTION 37-3-202, RELATING TO ADDITIONAL CHARGES PERMITTED IN CONNECTION WITH A CONSUMER LOAN, SO AS TO INCLUDE OPEN-END CREDIT PURSUANT TO A LENDER CREDIT CARD OR SIMILAR ARRANGEMENT IN CONFORMANCE WITH OTHER PROVISIONS AND TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CONSUMER LOAN, SO AS TO PROVIDE THAT THE DELINQUENCY CHARGE MUST NOT BE APPLIED TO A DELINQUENCY ATTRIBUTABLE ONLY TO AN ASSESSMENT AGAINST AN EARLIER INSTALLMENT AND TO PROVIDE FOR CONSTRUCTION OF THE PROVISION IN CONFORMITY WITH FEDERAL LAW; AND TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES TO A CONSUMER LOAN, SO AS TO INCLUDE A CONSPICUOUS NOTICE IN CONFORMITY WITH OTHER LAW AND TO MAKE A TECHNICAL CORRECTION.
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(R315, H. 5056 (Word version)) -- Reps. Stille, M.A. Pitts and Townsend: AN ACT TO AMEND ACT 780 OF 1928, AS AMENDED, RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES OF THE ABBEVILLE COUNTY MEMORIAL HOSPITAL, SO AS TO DELETE ARCHAIC REFERENCES THAT SPECIFY FROM WHICH VOTING PRECINCTS IN ABBEVILLE COUNTY MEMBERS OF THE BOARD SHALL RESIDE.
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(R316, H. 5130 (Word version)) -- Reps. E.H. Pitts, Huggins and McLeod: AN ACT TO PROVIDE THAT FOR THE LEXINGTON COUNTY RESIDENT MEMBER OF THE BOARD OF TRUSTEES OF LEXINGTON-RICHLAND SCHOOL DISTRICT FIVE WHO TAKES OFFICE AFTER RECEIVING THE THIRD HIGHEST NUMBER OF VOTES IN THE GENERAL ELECTION OF 2004, FROM THOSE MEMBERS ELECTED FROM LEXINGTON COUNTY, THE TERM OF OFFICE IS FOR TWO YEARS AND UNTIL HIS SUCCESSOR ELECTED IN THE GENERAL ELECTION OF 2006 TAKES OFFICE.
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THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Joint Resolutions were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 5186 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR A ONE AND ONE-HALF MILL INCREASE IN THE LEVY OF TAXES FOR DEBT SERVICE AND A ONE AND ONE-HALF MILL INCREASE IN THE LEVY OF TAXES FOR THE GENERAL FUND IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2004, AND ENDING JUNE 30, 2005.
By prior motion of Senator ELLIOTT, with unanimous consent
H. 4755 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO HEARING PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2839, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 1133 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTIONS 59-26-30 AND 59-26-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO TEACHER ASSESSMENTS AND TEACHER CERTIFICATION, SO AS TO CHANGE REFERENCES FROM STUDENT TEACHERS TO TEACHER CANDIDATES, TO REMOVE PROVISIONAL CONTRACTS FROM THE TYPES OF CONTRACTS UNDER WHICH TEACHERS MAY BE EMPLOYED, TO PROVIDE THAT CONTINUING CONTRACT TEACHERS MUST BE EVALUATED ON A CONTINUOUS BASIS, TO PROVIDE WHEN A TEACHER MAY RECEIVE DIAGNOSTIC ASSISTANCE, AND TO FURTHER PROVIDE FOR THE REQUIREMENTS OF ANNUAL CONTRACT TEACHERS.
Senator WALDREP explained the Bill.
S. 1218 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2854, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator PEELER explained the Resolution.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the Third Reading Calendar:
H. 4413 (Word version) -- Reps. Cato, Vaughn, Cotty, Leach and Hinson: A BILL TO AMEND SECTION 38-73-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKING OF RATES FOR CASUALTY INSURANCE, SO AS TO ADD TO THE CRITERIA THAT CONSIDERATION MUST BE GIVEN TO ASSESSMENTS, SUCH AS THE GUARANTY FUND, WIND AND HAIL JOINT UNDERWRITING ASSOCIATION, AND SIMILAR MECHANISMS WHEN MAKING THE RATES; AND TO AMEND SECTION 38-73-920, RELATING TO THE REQUIREMENT THAT THE INSURER MAY MAKE OR ISSUE A CONTRACT OR POLICY ONLY ON RATES WHICH ARE IN EFFECT, SO AS TO PROVIDE THAT PROPOSED RATES CHANGES WHERE THE SOLE FACTOR FOR THE CHANGE IS THE IMPACT OF A REVISED ASSESSMENT DOES NOT CONSTITUTE A RATE INCREASE FOR PURPOSES OF THIS SECTION.
Senator RICHARDSON explained the Bill.
H. 3737 (Word version) -- Reps. Loftis, Bingham, Chellis, Harrison, Hinson, Leach, Merrill, Perry, Sandifer, Toole and Whitmire: A BILL TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION OF SUSPENDED OR REVOKED DRIVER'S LICENSES, MOTOR VEHICLE REGISTRATION CARDS, AND MOTOR VEHICLE LICENSE PLATES, SO AS TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER CONFISCATES A LICENSE PLATE, HE SHALL LEAVE NOTICE AT THE LOCATION WHERE THE LICENSE PLATE WAS CONFISCATED THAT CONTAINS HIS NAME AND LAW ENFORCEMENT AGENCY, THE DATE THE LICENSE PLATE WAS CONFISCATED, THE REASON IT WAS CONFISCATED, AND THE LOCATION WHERE THE LICENSE PLATE IS STORED.
On motion of Senator RICHARDSON, with unanimous consent, the Bill was carried over.
H. 4971 (Word version) -- Reps. Harrell, Quinn, Clyburn, Davenport, Edge, Rice, Neilson, Cobb-Hunter and Whipper: A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA COMMISSION ON HEALTH CARE ACCESS, TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND FUNCTIONS OF THE COMMISSION, AND TO PROVIDE THAT THE COMMISSION IS DISSOLVED JUNE 30, 2007, OR AT THE CONCLUSION OF ITS WORK, WHICHEVER OCCURS EARLIER.
On motion of Senator RYBERG, with unanimous consent, the Resolution was carried over.
S. 793 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 12-43-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF A COUNTY TO REDUCE THE ASSESSMENT RATIO OTHERWISE APPLICABLE TO GENERAL AVIATION AIRCRAFT SUBJECT TO PROPERTY TAX IN A COUNTY TO A RATIO NOT LESS THAN FOUR PERCENT OF FAIR MARKET VALUE, SO AS TO EXTEND SIMILAR PROVISIONS TO BOATS SUBJECT TO PROPERTY TAX IN A COUNTY.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was carried over.
H. 4963 (Word version) -- Reps. Harrell, Mack and Neilson: A BILL TO AMEND SECTIONS 9-8-10, 9-8-50, 9-8-60, AS AMENDED, AND 9-8-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, CREDITED SERVICE, RETIREMENT AND RETIREMENT ALLOWANCES, AND MEMBERS' CONTRIBUTIONS FOR PURPOSES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DEFINE "EARNED SERVICE" FOR PURPOSES OF THIS SYSTEM, PROVIDE THE TYPE AND AMOUNT OF SERVICE CREDIT THAT MAY BE ESTABLISHED IN THIS SYSTEM AND THE COST REQUIRED TO ESTABLISH SERVICE CREDIT, PROVIDE THE OPTIONS AVAILABLE TO A MEMBER WHO TERMINATES SERVICE BEFORE RETIREMENT, PROVIDE THE AMOUNT OF EARNED SERVICE NECESSARY FOR A MEMBER OF THIS SYSTEM TO VEST AND RECEIVE A MONTHLY RETIREMENT BENEFIT, CONFORM THE SERVICE REQUIREMENTS FOR RECEIVING A MONTHLY RETIREMENT ALLOWANCE TO THESE REVISIONS, AND INCREASE MEMBER CONTRIBUTIONS FROM SEVEN TO TEN PERCENT OF COMPENSATION PHASED IN OVER THREE YEARS.
On motion of Senator RYBERG, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4925, THE GENERAL APPROPRIATION BILL.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator LEATHERMAN proposed the following Amendment No. 63 (DC JUDICIAL SOF CHANGE PARTS 1A & 1B.DOC), which was adopted (#21):
Amend the bill, as and if amended, Part IA, Section 30, JUDICIAL DEPARTMENT, page 189, line 09, by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,840,967 1,840,967
and
INSERTING: 1,840,967 1,340,967/
Amend the bill further, as and if amended, Section 30, page 190, line 08, by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,980,000 1,371,406
and
INSERTING: 1,980,000 871,406/
Amend the bill further, as and if amended, Section 30, page 190, line 23, by:
COLUMN 7 COLUMN 8
/ STRIKING: 5,167,002 2,540,908
and
INSERTING: 5,167,002 1,347,908/
/
Amend the bill further, as and if amended, Part IB, page 495, Section 72, GENERAL PROVISIONS, paragraph 100, line 31, by striking /deposit into the General Fund/ and inserting /allocation to the Judicial Department/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senator KNOTTS proposed the following Amendment No. 43 (GGS\ 22677HTC04), which was adopted (#22):
Amend the bill, as and if amended, Part IB, Section 1, H63 DEPARTMENT OF EDUCATION, page 341, paragraph 1.37, line 6, by adding a new sentence at the end of line 6 to read:
/ However, if it is safe, more economical, and in the public interest, the department may use the school bus specifications of Georgia or North Carolina in the procurement of school buses. /
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senators HAYES, HUTTO and PINCKNEY proposed the following Amendment No. 10 (4925R017.RWH.DOC), which was adopted (#23):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 348, paragraph 1.79, line 11, by adding at the end of line 11 the following:
/ For the 2004-05 school year, the Department may utilize a supplemental alternative technical assistance program in a state of emergency school district. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
Senators RITCHIE and SHEHEEN proposed the following Amendment No. 57 (DAD5A.26 SOPHM-JR-SR YR.DOC), which was adopted (#24):
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 360, line 33, by striking /$11,491,212/ and by inserting / $11,176,712/
Amend the bill further, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 369, paragraph 5A.26, lines 6-7, by striking: /When calculating eligibility for Palmetto Fellows Scholarships, the top six percent of the graduating class shall be considered for the scholarship.
and by inserting: /When calculating eligibility for Palmetto Fellows Scholarships, students that rank in the top five percent of the graduating class at the end of their sophomore year, junior year, or at the end of the first semester of their senior year shall be considered for the scholarship./
Amend the bill further, as and if amended, Part IB, page 369, paragraph 5A.26, lines 8 and 9, by striking /six/ and inserting /five/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
At 11:16 A.M., the PRESIDENT assumed the Chair.
Senator LEVENTIS proposed the following Amendment No. 23 (DAD1AA.10 LEV.DOC), which was adopted (#25):
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 363, paragraph 1AA.10, by striking the proviso in its entirety, lines 20 - 22 and inserting:
/ 1AA.10. (LEA: Technology Lottery Funds) For the purpose of the allocation of technology funds from the lottery proceeds, $125,000 shall be transferred from the portion designated for 2-year institutions to the portion designated for 4-year institutions for each University of South Carolina 2-year institution that has moved to a 4-year status since 2000./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
The amendment was adopted.
Senators JACKSON and MALLOY proposed the following Amendment No. 69 (4925B008.DJ.DOC), which was adopted (#26):
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 363, after line 22, by adding an appropriately numbered proviso to read:
/ 1AA. __. Funds appropriated for teacher specialists on site may be used to support the Teacher Advancement Program (TAP) at five selected schools in lieu of state provided technical assistance. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator JACKSON explained the amendment.
The amendment was adopted.
Senator RITCHIE proposed the following Amendment No. 11 (DAD5A.26-5%.DOC), which was adopted (#27):
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 369, paragraph 5A.26, lines 6, 8, and 9, by striking /six/ and inserting /five/.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
At 11:28 A.M., on motion of Senator SETZLER, the Senate receded from business not to exceed five minutes.
At 11:43 A.M., the Senate resumed.
Senators J. VERNE SMITH, PATTERSON, ALEXANDER and O'DELL proposed the following Amendment No. 78 (BEHNURSES.DOC), which was adopted (#28):
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 379, after line 17, by adding an appropriately numbered paragraph to read:
/(DHHS: Reimbursement of Nurses) Of funds appropriated to the Department of Health and Human Services for Medicaid services, the department must increase the reimbursement rate for nurses by 3% for fiscal year 2004-05. This increase is to be used only for direct salary increases for RNs and LPNs./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator PATTERSON argued in favor of the adoption of the amendment.
The amendment was adopted.
On motion of Senator LEATHERMAN, with unanimous consent, debate was interrupted by the recess.
At 12:18 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 1:40 P.M.
The Senate reassembled at 1:40 P.M. and was called to order by the PRESIDENT.
H. 3082 (Word version) -- Reps. Scarborough, Simrill, Hinson, Merrill, White, Trotter, Thompson, M.A. Pitts, Barfield, Duncan, Edge, Clemmons, Viers and Bailey: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS AND REQUESTS TO WITHDRAW REGULATIONS, SO AS TO REQUIRE AFFIRMATIVE APPROVAL OF REGULATIONS RATHER THAN ALLOWING THEM TO BECOME EFFECTIVE AFTER ONE HUNDRED TWENTY DAYS, TO DELETE REFERENCES TO THE ONE-HUNDRED-TWENTY-DAY PERIOD AND TO PROVIDE THAT IF A RESOLUTION TO APPROVE OR DISAPPROVE A REGULATION HAS NOT BEEN ENACTED BY THE END OF THE SECOND YEAR OF THE LEGISLATIVE SESSION, THE REGULATION MUST BE PROMULGATED AS A NEW REGULATION BEFORE SUBMITTING FOR SUBSEQUENT APPROVAL.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
On motion of Senator MOORE, with unanimous consent, the minority report was withdrawn.
On motion of Senator MOORE, with unanimous consent, the Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
On motion of Senator MOORE, with unanimous consent, H. 3082 was placed in the status of Adjourned Debate, with Senator LEVENTIS retaining the floor.
H. 3442 (Word version) -- Reps. Sandifer, Cotty, Altman, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Ceips, Chellis, Clark, Clemmons, Coates, Dantzler, Duncan, Edge, Hayes, Herbkersman, Hinson, Jennings, Kirsh, Leach, Lucas, Mahaffey, McCraw, McGee, Merrill, Ott, Owens, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Scarborough, Simrill, Sinclair, Skelton, D.C. Smith, J.R. Smith, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Viers, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon, Young and Rutherford: A BILL TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION A PERSON MUST COMPLETE BEFORE PURCHASING A PISTOL, AND RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISIONS THAT PROHIBIT A PERSON FROM PURCHASING MORE THAN ONE PISTOL ON AN APPLICATION, PURCHASING MORE THAN ONE PISTOL DURING EACH THIRTY-DAY PERIOD, AND THE EXCEPTIONS TO THESE PROVISIONS.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
On motion of Senator MOORE, with unanimous consent, the minority report was withdrawn.
The Committee on Judiciary proposed the following amendment (JUD3442.001), which was adopted:
Amend the bill, as and if amended, page 3, beginning on line 3, in Section 23-31-140, as contained in SECTION 1, by striking lines 3 through 11, and inserting therein the following:
/ (F)(C) No person may purchase a pistol from a dealer unless he is a resident of this State. For the purpose of this article, the possession of a valid South Carolina driver's license or Department of Public Safety identification card constitutes proof of residency. However, residency is not required of a person who is on active duty in the United States military and who is in possession of a current United States military identification card.
(G)(D) Upon proper completion of the application, the dealer shall must submit the original application to the division, retain a copy /.
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator MOORE, with unanimous consent, H. 3442 was ordered to receive a third reading on Friday, May 7, 2004.
H. 4475 (Word version) -- Reps. Harrell, W.D. Smith, Wilkins, Altman, Bingham, Ceips, Chellis, Clark, Cotty, Davenport, Edge, Frye, Gilham, Hagood, Hamilton, Harrison, Haskins, Hinson, Huggins, Koon, Leach, Limehouse, Littlejohn, Mahaffey, Martin, Merrill, E.H. Pitts, Quinn, Rice, Richardson, Simrill, D.C. Smith, G.M. Smith, G.R. Smith, J.R. Smith, Stewart, Stille, Taylor, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, White, Witherspoon, Young, Sandifer, Kirsh, Owens, Whitmire, Cato, Coates, Ott, Sinclair, Keegan, McGee, Perry, J.M. Neal, Emory, Pinson, Barfield, R. Brown, Weeks, Branham, Bailey, Battle, Neilson, Clemmons, Viers and Harvin: A BILL TO ENACT THE FISCAL DISCIPLINE PLAN OF 2004 BY DESIGNATING SECTION 6 OF ACT 356 OF 2002, RELATING TO ACTIONS NECESSARY FOR THE STATE BUDGET AND CONTROL BOARD TO COVER AN OPERATING DEFICIT, AS SECTION 11-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND AMENDING IT TO REQUIRE AN OPERATING DEFICIT TO BE PLACED FIRST ON THE AGENDA OF THE STATE BUDGET AND CONTROL BOARD AT THE FIRST BOARD MEETING FOLLOWING THE COMPTROLLER GENERAL'S REPORT OF THE DEFICIT TO THE BOARD, BY PROVIDING FOR THE REPAYMENT OF THE ACCUMULATED STATE OPERATING DEFICIT AND LIMITING GENERAL FUND APPROPRIATIONS GROWTH TO THREE PERCENT IN FISCAL YEARS 2003-2004 THROUGH 2008-2009 AND PROVIDING FOR THE USE OF SURPLUS REVENUES, AND TO PROVIDE THAT DURING THE SAME PERIOD ANNUALLY REQUIRED TRANSFERS TO THE GENERAL RESERVE FUND MUST BE CONSIDERED RECURRING GENERAL FUND APPROPRIATIONS.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
Senator MOORE asked unanimous consent to give the Bill a second reading with notice of general amendments, carrying over all other amendments to third reading and placing the Bill in the status of Interrupted Debate, not to be taken up prior to Wednesday, May 12, 2004.
There was no objection and the motion was adopted.
H. 4539 (Word version) -- Rep. Walker: A BILL TO REPEAL SECTION 59-18-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING STUDENT AND SCHOOL PERFORMANCE RELATIVE TO NATIONAL PERFORMANCE LEVELS UNDER THE EDUCATION ACCOUNTABILITY ACT.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
On motion of Senator MOORE, with unanimous consent, the Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
THE SENATE PROCEEDED TO A CONSIDERATION OF
H. 4925, THE GENERAL APPROPRIATION BILL.
The Senate resumed consideration of the Bill, the question being the third reading of the Bill.
At 1:43 P.M., Senator LEATHERMAN asked unanimous consent to make a motion that no further amendments to the General Appropriation Bill be received on the Desk for consideration after 4:30 P.M. with the exception of the necessary technical and balancing amendments to be delivered and certified by the Clerk and to be adopted upon his certification for inclusion in the Bill.
There was no objection and the motion was adopted.
Senator SHORT proposed the following Amendment No. 100 (4925B021.LHS.DOC), which was tabled:
Amend amendment number 42 (BEH.31A.DOC), as and if amended, by the striking the amendment and inserting:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 384, paragraph 31, by striking 9.31. (MCH-Abstinence Education, in its entirety, line 11-17 and inserting:
/ A five member committee shall review grant proposals submitted for Title V, Section 510 federal abstinence only funding to assure compliance with requirements, review and make recommendations concerning curriculum proposals and make recommendations to the Governor. In addition, they are to ensure that all contracts awarded are in compliance with the South Carolina Procurement Code. The committee membership is as follows:
1. Commissioner of the Department of Health and Environmental Control, or designee;
2. Dean of the University of South Carolina's School of Public Health, or designee;
3. Director of the Heritage Community Services, or designee;
4. Director of the Teen Pregnancy Council, or designee;
5. At-large member to be appointed by the Governor, to serve as Chair. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SHORT explained the amendment.
Senator GROOMS argued contra to the adoption of the amendment.
Senator GROOMS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton Cromer Drummond Fair Grooms Hawkins Hayes Knotts Kuhn Land Leatherman Martin McConnell Mescher Moore O'Dell Peeler Rankin Reese Richardson Setzler Smith, J. Verne Thomas Verdin Waldrep
Anderson Elliott Giese Glover Gregory* Hutto Jackson Malloy Matthews McGill Patterson Pinckney Ryberg Sheheen Short
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
Senator GROOMS proposed the following Amendment No. 47 (4925R018.JWD), which was adopted (#29):
Amend amendment number 42 (BEH9.31A.DOC), as and if amended, by striking the amendment and inserting:
/ Senator GROOMS proposed the following amendment (BEH9.31A.DOC):
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 384, paragraph 31, by striking 9.31, MCH-Abstinence Education, in its entirety, lines 11 - 17 and inserting /The agency under contract with the State of South Carolina as of December 2000, and funded with federal funds under the provisions of Title V, Section 510, must continue to be under contract at the same funding level, for the same purposes for the current fiscal year until September 30, 2004. Applicants for Title V, Section 510 funding must have a proven and public history of having effectively implemented a program using a National Abstinence Clearinghouse (NAC) approved curricula for a minimum of one year prior to their application for the abstinence-only federal funds. NAC is the agency the federal Department of Health and Human Services has chosen to provide a comprehensive, national list of approved abstinence-only education curricula that is consistent with the A through H legislative requirements defined in Title V, Section 510(b)(2). A five member committee shall oversee the bid process. The five member committee shall be composed as follows: the President Pro Tempore of the Senate shall appoint two members of the committee, the Speaker of the House shall appoint two members of the committee and the Governor shall appoint one member of the committee. /
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
Senator RYBERG argued contra to adoption of the amendment.
At 2:41 P.M., with Senator RYBERG retaining the floor, on motion of Senator SETZLER, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 2:46 P.M., the Senate resumed.
At 2:46 P.M., Senator MARTIN assumed the Chair.
Senator RYBERG resumed arguing contra to the adoption of the amendment.
At 2:53 P.M., the PRESIDENT assumed the Chair.
Senator RYBERG resumed arguing contra to the adoption of 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 Drummond Elliott Fair Giese Grooms Hawkins Hayes Knotts Kuhn Land Leatherman Martin McConnell Mescher Moore Peeler Rankin Reese Richardson Ritchie Setzler Smith, J. V. * Thomas Verdin Waldrep
Anderson Ford Glover Gregory Hutto Jackson Malloy Matthews Patterson Pinckney Ryberg Short
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The amendment was adopted.
Senators DRUMMOND and GROOMS proposed the following Amendment No. 42 (BEH9.31A.DOC), which was adopted (#30):
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 384, paragraph 31, by striking 9.31, MCH-Abstinence Education, in its entirety, lines 11 - 17 and inserting /The agency under contract with the State of South Carolina as of December 2000, and funded with federal funds under the provisions of Title V, Section 510, must continue to be under contract at the same funding level, for the same purposes for the current fiscal year until September 30, 2004. Applicants for Title V, Section 510 funding must have a proven and public history of having effectively implemented a program using a National Abstinence Clearinghouse (NAC) approved curricula for a minimum of one year prior to their application for the abstinence-only federal funds. NAC is the agency the federal Department of Health and Human Services has chosen to provide a comprehensive, national list of approved abstinence-only education curricula that is consistent with the A through H legislative requirements defined in Title V, Section 510(b)(2). A committee of five will be appointed by the President Pro Tem of the Senate and the Speaker of the House for the bid process./
Renumber sections to conform.
Amend sections, totals and title to conform.
The amendment was adopted.
Senator SMITH proposed the following Amendment No. 62 (BEHNHFINES.DOC), which was adopted (#31):
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 387, after line 15, by adding an appropriately numbered paragraph to read:
/ (DHEC: Nursing Home Fines)Notwithstanding Section 44-7-90 of the1976 Code of Laws, the Department of Health and Environmental Control shall waive all Medicaid nursing home permit fines for fiscal year 2003-2004. The Department shall review the reallocation of Medicaid nursing home beds./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senators SETZLER, RICHARDSON and KNOTTS proposed the following Amendment No. 77 (RWWATER REC FUND2.DOC), which was adopted (#32):
Amend amendment number 65, document number 4925B010.NGS.DOC, Part IB, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 403, paragraph 24.15, by amending the inserted portion of the amendment by striking /boats, motors, and equipment/ and by inserting /boats, boat trailers, motors, and boating safety equipment/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senators SETZLER, RICHARDSON and KNOTTS proposed the following Amendment No. 65 (4925B010.NGS.DOC), which was adopted (#33):
Amend the bill, as and if amended, Part IB, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 403, paragraph 24.15, line 6, by striking / The department may use the Water Recreational Resource Funds of a county for the purpose of boats, motors, and equipment./ and inserting / In additional to all other uses allowed by statute, the department may use the Water Recreational Resource Funds of a county for the purchase of boats, motors, and equipment used for law enforcement and rescue. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator McGILL proposed the following Amendment No. 120 (RWPRT PRIVATIZATION.DOC), which was adopted (#34):
Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 406, paragraph 26.10, line 19, by striking proviso 26.10 (PRT: Retail Operations Privatization) in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senator LEATHERMAN proposed the following Amendment No. 30A (DAD CMRC REIMB2.DOC), which was adopted (#35):
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 409, after line 27, by adding an appropriately numbered paragraph to read:
/ (CMRC: Reimbursement of Expenditures) Any reimbursements of expenditures in prior fiscal years related to infrastructure costs for the ICAR project shall be retained by the department for repayment of funds previously used for the ICAR project. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 93 (4925B019.PLL.DOC), which was carried over:
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 409, after line 28, by adding an appropriately numbered paragraph to read:
/ 27.__. Funds derived from the sale of aircraft may only be used to offset debt and expenses incurred by the Aviation Division. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN raised a Point of Order that Amendment No. 93 was out of order inasmuch as it was violative of Rule 24.
The PRESIDENT took the Point of Order under advisement, which was later overruled.
Senator RITCHIE proposed the following Amendment No. 9 (DAD28.1 JEDA.DOC), which was adopted (#36):
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 409, paragraph 28.1, lines 31-32, by striking proviso 28.1 (JEDA: Transfer to EFA) in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
Senator KNOTTS proposed the following Amendment No. 82 (4925R028.JMK.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, beginning on page 422 and ending on page 423, by striking Proviso 36A.15 in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator KNOTTS explained the amendment.
Senator THOMAS spoke on the amendment.
Senator THOMAS moved to lay the amendment on the table.
The amendment was laid on the table.
Senators FAIR and JACKSON proposed the following Amendment No. 121 (10298MM04.DOC), which was adopted (#37):
Amend the bill, as and if amended, Part IB, SECTION 37, Department of Corrections, page 427, by adding an appropriately numbered paragraph at the end to read:
/ 37. (CORR. Inmate Education Program) The Department of Corrections is required to establish criteria to qualify inmates for the high school education or equivalency program. The department shall designate up to $2,500,000 in appropriated and/or authorized funds for this program, as provided in Part 1A, Section 37 of this bill. The department is authorized to make participation mandatory for qualified inmates and may revoke the privileges of those who refuse to participate in the program. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator FAIR explained the amendment.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 108 (DC 3920 FROM DJJ TO DPS FEDERAL FUNDS #3.DOC), which was adopted (#38):
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF JUVENILE JUSTICE, pages 430-431, paragraph 20, by striking the proviso in its entirety, page 430, lines 34 through page 431, line 5.
Amend the bill further, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, by inserting after line 31 an appropriately numbered section to read:
/ (GP: Secure Juvenile Confinement) The Attorney General shall review the interpretation of the current policies of the Department of Public Safety and the Department of Corrections regarding secure juvenile confinement that the Departments indicate may jeopardize federal grant funds. The Departments may not implement any changes to the current policies regarding secure juvenile confinement until the Attorney General considers the Departments' interpretation of the federal Juvenile Justice and Delinquency Prevention Act in regard to the secure holding of juveniles for more than six hours in adult detention facilities that also serve as 48-hour juvenile holdover facilities. The Attorney General will determine if the Departments' interpretation is fair and equitable and how the local governments and the Department of Juvenile Justice would be impacted, to include any financial considerations. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 75 (HIGHWAYSAFE2.DOC), which was adopted (#39):
Amend the bill, as and if amended, Part IB, Section 53, DEPARTMENT OF TRANSPORTATION, page 438, after line 27, by adding an appropriately numbered paragraph to read:
/ 53.hss (DOT: Highway Safety Study) The Department of Transportation must conduct a study of cost effective highway safety measures from funds appropriated in Section 53 in Part 1A of this act. The study must encompass highway safety measures that include, at a minimum: enhancements to current design standards on all roads; the use of rumble strips on all highways and secondary roads; the use of traffic circles at key intersections; the need for turn lanes at intersections; the benefits of wider lanes and wider shoulders on state secondary roads; the removal of roadside obstacles; the use of guardrails, retaining walls, and median barriers; the use of red light cameras at all types of locations; the impact of the graduated licensing provisions for those under seventeen years of age; and, the impact of increased drivers over the age of sixty-five. The study will measure, at a minimum, the cost effectiveness of each issue and any associated life and property savings. The Department of Motor Vehicles and the Department of Public Safety and any other state agency that can provide relevant information as considered necessary by the Department of Transportation shall participate in the study and provide any administrative assistance. The department must submit the report on the study of highway safety measures to the Governor, each member of the House of Representatives, and each member of the Senate no later than February 28, 2005./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
Senators O'DELL, DRUMMOND and LEATHERMAN proposed the following Amendment No. 83 (4925R026.WHO.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, page 448, Section 56, GOVERNOR'S OFFICE, by adding a new Proviso to read:
/ 56DD. . (GOV: Video Poker Fee) Any owner and/or licensee of any illegal gambling device shall pay an administrative fee of one thousand dollars per machine to the State Law Enforcement Division, when such said device has been deemed illegal. These fees shall be collected, expended, retained, and carried forward by the division for operations. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
Senator HAYES spoke on the amendment.
Senator KNOTTS raised a Point of Order that Amendment No. 83 was out of order inasmuch as it was violative of Rule 24.
The PRESIDENT sustained the Point of Order.
Amendment No. 83 was ruled out of order.
The PRESIDENT took up the Point of Order raised by Senator LEVENTIS that Proviso 26.7 was out of order inasmuch as it was violative of Rule 24.
26.7. (PRT: PalmettoPride) There is established PalmettoPride, an eleemosynary, nonprofit corporation organized pursuant to Chapter 31 of Title 33 and Section 501(c)(3) of the Internal Revenue Code to coordinate and implement statewide and local programs for litter control. PalmettoPride may accept gifts, bequests, and grants from any person or foundation. PalmettoPride also may receive and expend public funds appropriated to it by the General Assembly.
PalmettoPride has the following duties and responsibilities:
(1) encourage anti-litter education efforts;
(2) assist state and local law enforcement agencies in efforts to stem the flow of litter on the streets and highways;
(3) devise strategies to maximize the use of prison work crews to collect litter;
(4) facilitate the use of community-based service programs to combat litter;
(5) identify existing governmental and private efforts to avoid the duplication of efforts and to ensure the efficient use of resources to combat litter;
(6) devise strategies to increase the recycling of litter materials; (7) serve as a clearing house of information on existing and proposed litter programs;
(8) propose action plans for the consideration of the Governor, the General Assembly, and state agencies to address the litter problem in this State;
(9) develop strategies for promoting highway beautification and community improvement through beautification and litter reduction; and
(10) serve as the state affiliate for Keep America Beautiful, Inc., through Keep South Carolina Beautiful, a division of PalmettoPride. The chairman/director may select a coordinator to assist PalmettoPride in accomplishing its duties and responsibilities.
The chairman/director is responsible for all activities and personnel decisions undertaken by PalmettoPride and has sole authority in regard to activities and oversight of PalmettoPride. The chairman/director may undertake fundraising projects to implement various statewide and local programs.
Expenditures by PalmettoPride, upon direction of the chairman/director, must be cosigned by a treasurer or designated financially responsible party, such as PalmettoPride's certified public accountant, and either the chairman/director or his designee.
PalmettoPride shall have an advisory board chosen by the chairman/director and representing all areas of the State to the extent practicable. The advisory board functions as the chairman/director instructs.
If a provision of state or federal law requires appointment of a board of directors, the chairman/director may choose the appropriate number of board members from either within or without the advisory board. Monies designated to the PalmettoPride-Litter Control Program pursuant to Section 14-1-208(10) must not be transferred or used for a purpose other than PalmettoPride-Litter Control. Unexpended funds must be carried forward and used only for authorized purposes.
The person designated to serve as chairman in Governor's Executive Order No. 99-20 (May 5, 1999) shall serve in the capacity of chairman/director for a four-year term following the effective date of this act. Upon the conclusion of this four-year term, the Governor shall reappoint that chairman/director, who may be reappointed for succeeding terms as chairman/director at the discretion of the Governor. If an appointment is not made, the chairman/director shall serve in the interim with full authority until a successor is appointed. If the appointed chairman/director position is vacated, the board of the Department of Health and Environmental Control must appoint an interim director to serve until the Governor appoints a new chairman/director within ninety days of the vacancy. That appointment as chairman/director is not considered an office for the purposes of the South Carolina constitutional prohibition against dual office holding.
The PRESIDENT overruled the Point of Order.
Senators SHEHEEN, SHORT, ALEXANDER and FAIR proposed the following amendment (DC GAL SEC 32 INTEREST 2%.DOC), which was adopted (#40):
Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 448, immediately after line 29, by adding an appropriately numbered paragraph to read:
/ 56DD.__ Both the program and the funds appropriated to the Governor's Office, Division of Children's Services, Guardian ad Litem Program must be administered separately from other programs within the Division of Children's Services and must be expended for the exclusive use of the Guardian ad Litem Program.
For FY 2004-05, the Department of Revenue is directed to reduce the rate of interest paid on eligible refunds by two percentage points. The revenue resulting from this reduction must be used exclusively for operations of the Guardian ad Litem program. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
Senator FAIR spoke on the amendment.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 97A (DC 63.17 EXEMPT DOR & COLLEGES & UNIVS.DOC), which was adopted (#41):
Amend Amendment No. 051A bearing Document No. DAD63.17 VACANT POS.DOC by adding:
/ The Department of Revenue and the colleges and universities are exempt from this deletion process./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator RICHARDSON proposed the following Amendment No. 51A (4925R047.SHR.DOC), which was adopted (#42A):
Amend the bill, as and if amended, Part IB, page 459, Section 63, BUDGET AND CONTROL BOARD, by striking Proviso 63.17 in its entirety (lines 12-14) and inserting:
/ 63.17. (BCB: Vacant Positions) In the event that any permanent position in an agency remains vacant for more than one year twelve months the position may must be deleted by the Budget and Control Board.
For Fiscal Year 2003-04, the Budget and Control Board is authorized to suspend the requirement of this provision. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senators J. VERNE SMITH, DRUMMOND, LAND, MARTIN, O'DELL, MOORE, SHEHEEN, SETZLER, KNOTTS and LEATHERMAN proposed the following Amendment No. 73 (BEHSHP3.DOC), which was adopted (#43):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 464, after line 27, by adding an appropriately numbered paragraph to read:
/(BCB: State Health Plan - Experience Rating for Local Disabilities and Special Needs Boards) With respect to the Budget and Control Board's experience rating of all optional groups participating in the State employee health insurance program under the authority of Section 1-11-720, all local Disabilities and Special Needs providers are authorized under Subsection (A)(3) will be rated as a single group./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator RICHARDSON argued contra to the adoption of the amendment.
Senator MARTIN spoke on the amendment.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 128 (DAD63.46 ALL3%.DOC), which was adopted (#44):
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 463, paragraph 63.46, by striking lines 6-12, and by inserting:
/ 2. With respect to unclassified and non-judge judicial unclassified employees or unclassified executive compensation system employees not elsewhere covered in this Act, effective on the first pay date that occurs on or after July 1 of the current fiscal year the compensation of unclassified employees in this paragraph shall be increased by 3%. Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs 1, 3, 4, 5, or 6. /
Amend the bill further, as and if amended, Part IB, page 463, paragraph 63.46, by striking lines 21-22, and by inserting:
/ 5. With respect to local health care providers and school bus drivers, compensation increases shall be 3% effective on the first pay date that occurs on or after July 1 of the current fiscal year. /
Amend the bill further, as and if amended, Part IB, page 463, paragraph 63.46, lines 25-26, by striking:
/ It is the intent of the General Assembly that effective on the first pay date that occurs on or after July 1 of the current fiscal year, the compensation of all employees at institutions of higher learning shall be increased by 3%. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 22 (DADAUD&TREASPAYINCR.DOC), which was adopted (#45):
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 463, paragraph 63.46, line 13, by striking / or 6. / and inserting / 6, or 7. /
Amend the bill further, as and if amended, Part IB, page 463, paragraph 63.46, after line 24, by inserting:
/ 7. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, county auditors and county treasurers shall receive an annualized base pay increase of 3%. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
At 4:27 P.M., Senator SETZLER asked unanimous consent to make a motion that no further amendments be accepted on the Desk, with the exception of the necessary technical and balancing amendments to be delivered and certified by the Clerk and to be adopted upon his certification for inclusion in the Bill after 4:40 p.m.
There was no objection and the motion was adopted.
Senator LEATHERMAN proposed the following Amendment No. 105 (DAD72.14 EDFEEWAIV.DOC), which was adopted (#46):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 473, paragraph 72.14, line 10, by striking: /undergraduate student body/ and by inserting: /total student body/.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator REESE proposed the following Amendment No. 76 (BEHTRAVEL.DOC), which was adopted (#47):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 480, paragraph 26, lines 21 - 22, by striking:/However, the standard business mileage rate used in this calculation shall be the lesser of 34.5 cents per mile or the current rate established by the Internal Revenue Service./
Amend the bill further, as and if amended, page 480, paragraph 26, lines 26 - 27, by striking:/ However, the standard business mileage rate used in this calculation shall be the lesser of 34.5 cents per mile or the current rate established by the Internal Revenue Service./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator REESE explained the amendment.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 113A (BEHPARKA.DOC), which was adopted (#48):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 490, paragraph 72, line 19-20 by striking/ , that offers parking services in conjunction with a municipal parking facility/.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ALEXANDER spoke on the amendment.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator CROMER proposed the following Amendment No. 2A (4925R019.RWC.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, by adding an appropriately numbered paragraph to read:
/ 72.___. (GP: Separation of Colleges of Pharmacy) Notwithstanding any other provisions of this act, the Colleges of Pharmacy at the University of South Carolina (USC), and the Medical University of South Carolina (MUSC) must remain separate entities under each respective university and must not merge during the current fiscal year.
The Legislative Audit Council (LAC) is directed to study and compare the Colleges of Pharmacy at USC and MUSC, and to prepare a report including, but not limited to, evaluations of the following:
(a) revenue and expenditures of each college of pharmacy from FY 2001 until the most recent fiscal year (including annual costs per FTE student);
(b) research funds generated by each college of pharmacy (if research grants are executed in collaboration with other universities/colleges/departments external to the college of pharmacy, then a percentage allocation of the total research grant made to each specific college of pharmacy);
(c) states of residence of students before and after each student receives his pharmacy degree;
(d) national accreditation reports of each college of pharmacy by the Accreditation Council of Pharmacy Education for the two most recent reports;
(e) existing capacity and quality of classroom space and the capability to expand such space for each college pharmacy;
(f) geographical and practice setting diversity of experiential training sites for each college pharmacy;
(g) ability and existing capacity to integrate distance education technologies with on-campus facilities for each college of pharmacy; and
(h) cost of the proposed merger (including capital expenditures required).
USC, MUSC, and their respective Colleges of Pharmacy are directed to cooperate and participate with the LAC in furnishing all necessary information for this study and report. A report of the LAC's findings shall be submitted to the Governor, the Chairman of Senate Finance, the Chairman of Senate Education and Public Works, the Chairman of House Education and Public Works, and the Chairman of House Ways and Means no later than January 15, 2005. /
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Senator HUTTO raised a Point of Order that Amendment No. 2A was out of order inasmuch as it was violative of Rule 24.
Senator McCONNELL spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Amendment No. 2A was ruled out of order.
At 4:40 P.M., by prior motion of Senators LEATHERMAN and SETZLER, no further amendments were accepted on the Desk, with the exception of the necessary technical and balancing amendments to be delivered and certified by the Clerk and to be adopted upon his certification for inclusion in the Bill.
On motion of Senator LEATHERMAN, with unanimous consent, Amendment No. 144 was taken up for immediate consideration.
Senators LEATHERMAN and MOORE proposed the following Amendment No. 144 (BEH001.DOC), which was adopted (#49):
Amend the bill, as and if amended, Part IA, Section 4, JOHN DE LA HOWE SCHOOL, page 24, line 3, by inserting:
COLUMN 7 COLUMN 8
/SUPERINTENDENT 65,663 65,663/
Amend the bill further, as and if amended, Section 4, page 24, line 4 by inserting:
COLUMN 7 COLUMN 8
/ (1.00) (1.00)/
Amend the bill further, as and if amended, Section 4, page 24, line 5, by:
COLUMN 7 COLUMN 8
/ STRIKING: 8,445
and
INSERTING: 176,802 168,357/
Amend the bill further, as and if amended, Section 4, page 24, line 6, by:
COLUMN 7 COLUMN 8
/ STRIKING: (.25)
and
INSERTING: (8.00) (7.75)/
Amend the bill further, as and if amended, Section 4, page 24, line 7, by inserting:
COLUMN 7 COLUMN 8
/OTHER PERSONAL SERVICE 1,952 1,952/
Amend the bill further, as and if amended, Section 4, page 24, line 10, by:
COLUMN 7 COLUMN 8
/ STRIKING: 9,000
and
INSERTING: 19,181 10,181/
Amend the bill further, as and if amended, Section 4, page 24, line 17, by:
COLUMN 7 COLUMN 8
/ STRIKING: 82,758 58,961
and
INSERTING: 54,828 31,031/
Amend the bill further, as and if amended, Section 4, page 24, line 18, by:
COLUMN 7 COLUMN 8
/ STRIKING: (5.57) (4.13)
and
INSERTING: (4.79) (3.35)/
Amend the bill further, as and if amended, Section 4, page 24, line 19, by:
COLUMN 7 COLUMN 8
/ STRIKING: 485,022 288,735
and
INSERTING: 628,342 432,055/
Amend the bill further, as and if amended, Section 4, page 24, line 20, by:
COLUMN 7 COLUMN 8
/ STRIKING: (17.46) (11.59)
and
INSERTING: (17.63) (11.76)/
Amend the bill further, as and if amended, Section 4, page 24, line 33, by:
COLUMN 7 COLUMN 8
/ STRIKING: 668,258 617,783
and
INSERTING: 868,258 817,783/
Amend the bill further, as and if amended, Section 4, page 25, line 24 by inserting:
COLUMN 7 COLUMN 8
/CLASSIFIED POSITIONS 485,911 485,911/
Amend the bill further, as and if amended, Section 4, page 25, line 25, by inserting:
COLUMN 7 COLUMN 8
/ (29.00) (29.00)/
Amend the bill further, as and if amended, Section 4, page 25, line 28, by:
COLUMN 7 COLUMN 8
/ STRIKING: 330,996
and
INSERTING: 821,349 490,353/
Amend the bill further, as and if amended, Section 4, page 25, line 35, by:
COLUMN 7 COLUMN 8
/ STRIKING: 260,327 170,491
and
INSERTING: 781,257 691,421/
Amend the bill further, as and if amended, Part 1A, Section 5A, COMMISSION OF HIGHER EDUCATION, page 29, line 38, by:
COLUMN 7 COLUMN 8
/ STRIKING: 14,420,420 14,420,420
and
INSERTING: 13,861,683 13,861,683/
Amend the bill further, as and if amended, Part 1A, Section 63B, B&C - EMPLOYEE BENEFITS, page 315, by inserting after line 29:
COLUMN 7 COLUMN 8
/ Health Insurance -
Employer Contributions 6,000,000 6,000,000/
Amend the bill further, as and if amended, Section 73, STATEWIDE REVENUE, page 501, paragraph 8, line 6, by inserting:
/ (SR: Agency Cash Surplus) Notwithstanding any other provision of law, the following amounts must be transferred to the State General Fund:
P24 - Department of Natural Resources: $1,000,000 from Operating Revenue Subfund 3035;
R04 - Public Service Commission: $500,000 from Operation Revenue Subfund 3035;
R36 - Department of Labor, Licensing and Regulation: $500,000 from Operating Revenue Subfund 3035, $997,509 from POLA Revenue Subfund 3135, $124,561 from Education and Research Fund Subfund 3173, $252,980 from Vacation Time Sharing Recognition Subfund 3730, and $124,950 from Auctioneer Recovery Fund Subfund 4592; and
R40 - Division of Motor Vehicles: $4,000,000 from DMV Operating Subfund 3264.
In order to provide maximum flexibility to maintain critical programs, for these transfers identified above to the general fund, an agency may, in lieu of the specific accounts identified above, opt to transfer an equal amount of funds from any agency earmarked or restricted account designated as "special revenue funds" as defined by the Comptroller General's records, except that the Department of Natural Resources may not transfer Water Recreation Fund or County Game and Fish Fund monies for this purpose.
The above listed amounts 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 act. Any restrictions concerning specific utilization of these funds are lifted for the specified fiscal year. /
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Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 119 (DELAHOWE.DOC), which was adopted (#50):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, after line after line 31, by adding an appropriately numbered paragraph to read:
/ 72.___ (John de la Howe study committee): There is created a study committee to review, assess and evaluate the current structure, sustainability and effectiveness of John de la Howe as it relates to the care of children in the state. The study committee is composed of the following members: three members appointed by the President Pro Tempore of the Senate, one of whom represents the McCormick/Greenwood county area; three members appointed by the Speaker of the House of Representatives, one of whom represents the McCormick/Greenwood county area; and three members appointed by the Governor, one of whom currently serves on the Board of John de la Howe. The Committee shall elect a chairman from its membership.
The study committee shall 1) review and assess all laws of the state that bear upon the current system; 2) recommend any applicable programs which are eligible for Medicaid reimbursement and other possible sources of funding; 3) make recommendations regarding a protocol for priority placement of children in the custody of the state and children placed by their family or guardian, an improved intake procedure and methods for reducing costs; and 4) make specific recommendations to the Governor and the General Assembly pertaining to any reorganization of John de la Howe, changes in statutes and policies, and reallocation of funding which would provide better coordination of services. A report on the study committee's recommendations shall be submitted to the Governor, the chairmen of the Senate Finance and Judiciary Committees and the chairmen of the House Ways and Means and Judiciary Committees by January 11, 2005.
Professional and clerical staff for the study committee shall be provided jointly by the staffs of the Senate and House of Representatives. In addition, staffs of the following state agencies are to provide support staff and any other assistance deemed necessary by the study committee to carry out its duties and responsibilities: John de la Howe, Department of Juvenile Justice, Department of Health and Human Services, Department of Social Services, Department of Mental Health and Department of Education. /
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Senator MOORE explained the amendment.
The amendment was adopted.
On motion of Senator PEELER, with unanimous consent, Amendment No. 102A was taken up for immediate consideration.
Senators RYBERG, PEELER, KNOTTS, SHEHEEN and SETZLER proposed the following Amendment No. 102A (4925R042.GR.DOC), which was adopted (#51):
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 409, after line 27, by adding an appropriately numbered paragraph to read:
/ 27.___ (CMRC: One-Time Payment) Contingent upon the approval of the Tobacco Settlement Revenue Management Authority and parties to the trust agreement, the Department of Commerce is authorized to use funds remaining in the South Carolina Water and Wastewater Infrastructure Fund as established by Section 13-1-45 of the 1976 Code combined with the payment authorized in proviso 27.19 to make a one-time payment during Fiscal Year 2004-05 of $3,000,000 herein to the Office of Local Government. Earnings on the $3,000,000 must be credited to the Office of Local Government. /
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Senator PEELER explained the amendment.
The amendment was adopted.
On motion of Senator PEELER, with unanimous consent, Amendment No. 101 was taken up for immediate consideration.
Senators RYBERG, ALEXANDER and SHEHEEN proposed the following Amendment No. 101 (4925R029.GR.DOC), which was adopted (#52):
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 464, by striking Proviso 63.49 in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. 20A (BEHHCA2.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, after line 31, by adding an appropriately numbered paragraph to read:
/There is hereby created the South Carolina Commission on Healthcare Access to be composed of seven members as follows: (1) two members to be appointed by the Chairman of the Senate Finance Committee; (2) two members to be appointed by the Chairman of the House Ways and Means Committee; (3) the Director of the Department of Insurance and the Director of the Department of Health and Human Services shall serve as ex officio members of the commission; (4) a seventh member to be appointed by the Governor who shall serve as chairman. A vacancy on the commission must be filled in the manner of original appointment. A quorum for transacting business at all meetings of the commission shall consist of a majority of the membership of the commission. The commission shall meet as often and at any location in the State as the commission considers necessary or expedient for the duration of the commission's existence as provided by this joint resolution.
The commission's objectives include: (1) providing the direction and leadership for implementing a plan for a Medicaid Expansion Program for working adults of small business. The commission shall consider a program that will provide a statewide employer coverage option that would cover all of the employees in a group plan, and that would subsidize the premium for individuals/families whose income falls at or below one hundred fifty percent of the federal poverty level; (2) developing appropriate legislation that will allow existing and new nonprofit community-based health care programs to raise funds through prepayment fees. These fees are to be used to expand programs, increase participant size, or increase provider reimbursement. The plan design, fees, and networks must be based on the community needs; (3) seeking funding to develop educational programs to prepare South Carolinians to be more informed health care consumers and the beneficiaries of this should include children, adults, employers, and providers.
To accomplish the objectives of subsection (B), the commission, in its discretion, may: (1) receive testimony of employees of the State or other witnesses who may assist the commission in its duties; (2) call for assistance in the performance of its duties from employees or agencies of the State or of its political subdivisions; and (3) adopt by majority vote rules not inconsistent with this resolution it considers proper with respect to matters relating to the discharge of its duties pursuant to this resolution.
The members of the commission shall serve without compensation and may not receive the per diem, mileage, and subsistence as allowed by law for members of state boards, committees, and commissions when engaged in the exercise of their duties as members of the commission. The commission shall receive staff support from the Governor's Office, the Department of Insurance, the Department of Health and Human Services, the Senate, and the House of Representatives . The commission is empowered to receive and disburse state and federal grants for furtherance of the commission's objectives. All executive departments and agencies of the state government shall cooperate with the commission in the performance of its duties. The commission shall publish on the Department of Insurance's web-site agendas, minutes, and related commission information./
Renumber sections to conform.
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Senator RYBERG raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator GROOMS spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator LEATHERMAN spoke on the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator THOMAS proposed the following Amendment No. 24 (GGS\22673HTC04), which was tabled:
Amend the bill, as and if amended, in Part IB, SECTION 72, General Provisions, page 495, by adding an appropriately numbered paragraph at the end to read:
/ 72.____ (GP: Statewide Advisory Referendum)(A) From funds appropriated to it in Section 62, Part IA of this act, the State Election Commission shall conduct an advisory referendum at the time of the general election of 2004 to determine the views of the qualified electors of this State with respect to raising the state sales and use tax from five to seven percent and using the additional revenue to provide a credit against the property tax imposed for operating purposes on owner-occupied residential property, motor vehicles, and motor cycles. The question that must appear on the ballot reads as follows:
"Do you favor increasing the state sales and use tax from five percent to seven percent and using the additional revenue to provide a credit against property tax imposed for operating purposes on owner-occupied residential property, motor vehicles, and motor cycles?
No []"
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'.
(B) The election laws of this State applies with respect to this referendum mutatis mutandis and the State Election Commission shall certify the results of the referendum to the members of the South Carolina Senate and the members of the South Carolina House of Representatives. /
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the amendment.
Senator THOMAS asked unanimous consent to make a motion to withdraw the amendment.
Senator HAWKINS objected.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senators RICHARDSON, KUHN, KNOTTS, THOMAS and HAWKINS proposed the following Amendment No. 99 (DAD72 STWD ADV REF.DOC), which was adopted (#53):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page .495, after line 31, by adding an appropriately numbered paragraph to read:
/(GP: Statewide Advisory Referendum) (A) From funds appropriated to it in Section 62, Part IA of this act, the State Election Commission shall conduct an advisory referendum at the time of the general election of 2004 to determine the views of the qualified electors of this State with respect to raising the state sales and use tax to provide a credit against the property tax imposed for operating purposes on owner-occupied residential property, motor vehicles, and motor cycles. The question that must appear on the ballot reads as follows:
"Do you favor increasing the state sales and use tax to provide a credit against property tax imposed for operating purposes on owner-occupied residential property, motor vehicles, and motor cycles?
Yes____?
No_____?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'.
(B) The election laws of this State applies with respect to this referendum mutatis mutandis and the State Election Commission shall certify the results of the referendum to the members of the South Carolina Senate and the members of the South Carolina House of Representatives./
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Senator RICHARDSON explained the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton * Courson Cromer Elliott Fair Giese Gregory Grooms Hawkins Knotts Kuhn Leatherman McConnell Mescher O'Dell Peeler Rankin Ravenel * Reese Richardson Ritchie Ryberg Setzler Short Thomas Verdin Waldrep
Anderson Ford Glover Hutto Jackson Land Malloy Matthews Patterson Pinckney Sheheen Smith, J. Verne
*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.
Senators KNOTTS, McCONNELL, CROMER and GREGORY proposed the following Amendment No. 124A (7315AHB04.DOC), which was adopted (#54):
Amend the bill, as and if amended, Part IB, Section 62, ELECTION COMMISSION, page 455, after line 18, by adding an appropriately numbered paragraph to read:
/ 62.___ (ELECTION COMMISSION: HAVA) In no event shall any vendor, or vendor's equipment, which has been the subject of decertification, ethical, or technical violations in any state, county, municipality, or territory of the United States, or the Federal Government in the past three years, be eligible to supply election equipment or services to the State of South Carolina or any county, municipality, or other entity within the State through which an election may be conducted unless the vendor provides evidence to the State Election Commission to the Commission's satisfaction that deficiencies in the equipment have been corrected. Any equipment manufactured by any vendor as stipulated, or licensed by such vendor to any third party, is also ineligible for use in this State except as provided above. /
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Senator KNOTTS explained the amendment.
The amendment was adopted.
Senators RYBERG, RICHARDSON and PINCKNEY proposed the following Amendment No. 106 (4925R040.GR.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 501, by adding an appropriately numbered paragraph to Proviso 73.7 to read:
/ Of the revenue derived from the sale of the Department of Mental Health Bull Street property only, the first five million dollars shall be directed to Hunting Island State Park for beach renourishment. All of the remaining revenue from the sale shall be directed to reducing the 2001-2002 accumulated general fund operating deficit. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
Senator ELLIOTT moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Elliott Ford Glover Jackson Knotts Land Leatherman Matthews McConnell O'Dell Patterson Reese Setzler Short Smith, J. Verne
Branton Courson Cromer Fair Giese Gregory Grooms Hawkins Hutto Kuhn Malloy Mescher Peeler Pinckney Richardson Ritchie Ryberg Sheheen Thomas Verdin Waldrep
The Senate refused to lay the amendment on the table. The question then was the adoption of the amendment.
Senator ELLIOTT argued contra to the adoption of the amendment.
Senator HUTTO raised a Point of Order that Proviso 73.7 was out of order inasmuch as it was violative of Rule 24.
The PRESIDENT sustained the Point of Order.
Amendment No. 106 was ruled out of order.
The PREIDENT took up the Point of Order raised by Senator LEATHERMAN that Amendment No. 93 was out of order inasmuch as it was violative of Rule 24.
The PRESIDENT overruled the Point of Order.
Senators SHEHEEN and HUTTO proposed the following Amendment No. 125 (4925B018.VAS.DOC):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 507, after line 2, by adding an appropriately number paragraph to read:
/ 73.__. Following the Comptroller General's close of the state's books for fiscal year 2003-04, any revenue realized in excess of authorized expenditures for fiscal year 2003-2004, or so much thereof as may be necessary, must be applied toward the repayment of the accumulated budgetary general fund operating deficit for fiscal year 2001-2002. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SHEHEEN explained the amendment.
Senator KUHN spoke on the amendment.
Senator LAND spoke on the amendment.
Senator McCONNELL spoke on the amendment.
I agree that any budget deficit should be covered before new spending is approved. Unfortunately, the amendment before us is improperly drawn. It does not speak to the actual surplus as the difference between actual income for the fiscal year minus the actual expenditures incurred. Instead, the amendment speaks to the authorized expenditures of the previous fiscal year minus actual income. Is the surplus determined by the amount authorized in the Appropriation Bill or the amount authorized by the adjustments made by the Budget and Control Board to the Appropriation Bill? This decision is left to the Comptroller General to determine. Thus, there is, in my opinion, an unconstitutional delegation of legislative authority to the Comptroller General to determine what is a surplus and what is not. The goal of the amendment is admirable but it is inartfully drawn and should be tabled.
Senator SHEHEEN asked unanimous consent to make a motion to perfect the amendment.
Senator LEATHERMAN objected.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Land Leatherman McConnell Mescher O'Dell Patterson Reese Smith, J. Verne Thomas
Branton Courson Cromer Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hutto Jackson Knotts Kuhn Malloy Matthews Peeler Pinckney Richardson Ritchie Ryberg Setzler Sheheen Short Verdin
The Senate refused to lay the amendment on the table. The question then was the adoption of the amendment.
Senator LEATHERMAN argued contra to the adoption of the amendment.
At 7:36 P.M., with Senator LEATHERMAN retaining the floor, on motion of Senator PEELER, with unanimous consent, the Senate receded from business not to exceed five minutes.
At 7:44 P.M., the Senate resumed.
Senator LEATHERMAN resumed speaking contra to the adoption of the amendment.
With Senator LEATHERMAN retaining the floor, on motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment.
On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned in memory of Mr. Gerald Mixon of Andrews, S.C.
At 7:44 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 10:00 A.M.
This web page was last updated on Wednesday, June 24, 2009 at 3:36 P.M.