Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the wise man of Ecclesiastes, Chapter 11:5-6:
"Just as you do not know how the breath comes to the bones in the mother's womb, so you do not know the work of God, who makes everything."
Let us pray.
Father, it is amazing how deftly the sacred writers use metaphors to communicate the most profound messages to every age.
We did, indeed, begin this session with considerable trepidation. You encouraged us to go forward. You lifted our spirits with faith.
No human being dare judge too soon the quality of our stewardship. We have planted some seeds. Your sovereign Majesty, and history, alone will assess our efforts!
But, as Jesus took the lad's loaves and fish, and to them added His blessings, so bless our efforts that South Carolina and our country may come to better times.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 10:15 A.M., Senator KNOTTS requested a leave of absence until 11:00 A.M.
At 10:15 A.M., Senator ANDERSON requested a leave of absence from 11:00 A.M. until 4:00 P.M. today.
At 10:15 A.M., Senator RICHARDSON requested a leave of absence beginning at 4:00 P.M. today and lasting until noon on Monday, May 10, 2004.
At 10:30 A.M., Senator MATTHEWS requested a leave of absence beginning at 1:00 P.M. today and lasting until 10:00 A.M. Monday, May 10, 2004.
At 10:30 A.M., Senator GLOVER requested a leave of absence beginning at 12:30 P.M. today and lasting until 11:00 A.M. Tuesday, May 11, 2004.
At 12:30 P.M., Senator McCONNELL requested a leave of absence until 1:30 P.M.
At 12:30 P.M., Senator THOMAS requested a leave of absence until 1:30 P.M.
At 12:10 P.M., Senator GIESE requested a leave of absence for today.
At 12:30 P.M., Senator JACKSON requested a leave of absence beginning at 2:30 P.M. today and lasting until noon on Tuesday, May 11, 2004.
At 12:31 P.M., Senator SETZLER asked unanimous consent to make a motion to be granted leave beginning at midnight this evening until 12:00 Noon on Tuesday, May 11, 2004.
Senator J. VERNE SMITH objected.
At 3:13 P.M., Senator RITCHIE requested a leave of absence beginning at 4:00 P.M. today and lasting until Tuesday morning.
Senator SETZLER objected.
At 3:15 P.M., Senator SETZLER rescinded his objection to Senator RITCHIE'S earlier request for leave.
At 3:15 P.M., Senator RITCHIE renewed his request for a leave of absence beginning at 4:00 P.M. today and lasting until Tuesday morning.
At 3:15 P.M., Senator RANKIN requested a leave of absence beginning at 6:00 P.M. today and lasting until Monday morning.
At 3:15 P.M., Senator FORD requested a leave of absence beginning at 4:00 P.M. today and lasting until Tuesday morning.
Senator KNOTTS objected.
At 3:15 P.M., Senator SETZLER requested a leave of absence beginning at 12:00 A.M. tonight and lasting until Tuesday morning.
Senator KNOTTS objected.
At 5:25 P.M., Senator LAND requested a leave of absence beginning at 7:50 P.M. and lasting until 9:10 P.M. this evening.
At 5:25 P.M., Senator FORD requested a leave of absence until 12:00 Noon on Tuesday, May 12, 2004.
At 5:25 P.M., Senator FAIR requested a leave of absence until 10:30 A.M. on Tuesday, May 11, 2004.
Senator KNOTTS objected.
On motion of Senator PEELER, at 9:00 P.M. Senator COURSON was granted a leave of absence for the balance of the day.
H. 5178 (Word version) -- Reps. McLeod, Huggins and Koon: A BILL TO PROVIDE THAT THE INTERCHANGE OF INTERSTATE HIGHWAY 26 WITH HIGHWAY S-32-48 (COLUMBIA AVENUE) IN LEXINGTON COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
Senator CROMER asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
Senator CROMER 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 CROMER, with unanimous consent, the Bill was read the second time.
On motion of Senator CROMER, with unanimous consent, H. 5178 was ordered to receive a third reading on Tuesday, May 11, 2004.
The following were introduced:
S. 1229 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK OF MAY 16 THROUGH MAY 22, 2004, AS "TRANSPORTATION WEEK" IN SOUTH CAROLINA AND TO RECOGNIZE THE CRITICAL ROLE TRANSPORTATION PLAYS IN OUR DAILY LIVES.
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On motion of Senator RYBERG, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 1230 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE CHARLES E. KENNEDY, DIRECTOR OF OCONEE ADULT EDUCATION IN OCONEE COUNTY, FOR BEING AWARDED THE HALL OF FAME AWARD FROM THE SOUTH CAROLINA ASSOCIATION FOR ADULT AND CONTINUING EDUCATION AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
H. 4805 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-9-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING VERIFICATION THAT AN OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT THAT RESULTS IN PROPERTY DAMAGE MUST VERIFY THAT THE VEHICLE HAS LIABILITY INSURANCE COVERAGE, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE INSURANCE VERIFICATION MUST BE OBTAINED; TO AMEND SECTION 56-9-351, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS INVOLVED IN CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE THE PROVISIONS CONTAINED IN THIS SECTION BECOME APPLICABLE; AND TO AMEND SECTION 56-9-359, RELATING TO THE AMOUNT OF SECURITY THE DEPARTMENT OF MOTOR VEHICLES MAY ORDER A PERSON TO DEPOSIT, SO AS TO REVISE THE MINIMUM AMOUNT OF SECURITY THAT MAY BE REQUIRED BY THE DEPARTMENT.
Read the first time and referred to the Committee on Transportation.
H. 5088 (Word version) -- Reps. Anthony, Simrill and Jennings: A BILL TO AMEND SECTION 23-35-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND STORAGE OF CLASS "B" FIREWORKS USED FOR DISPLAY OR AGRICULTURAL PURPOSES, SO AS TO PROVIDE THAT DISPLAY OF CLASS "B" FIREWORKS RETURNED TO A WHOLESALER MUST BE RETURNED IN THE SAME MANNER THEY WERE SOLD, ISSUED, OR SHIPPED, INCLUDING ANY PROTECTIVE DEVICE ATTACHED TO THE FUSE OR FUSES.
Read the first time and referred to the Committee on Judiciary.
H. 5207 (Word version) -- Rep. Leach: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO HAVE SIGNS PLACED ON I-385 AT EXIT 34 ON BUTLER ROAD TO MARK THE EXIT TO THE "BOY SCOUTS OF AMERICA SERVICE CENTER".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
Columbia, S.C., May 6, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
H. 4272 (Word version) -- Reps. Hinson, Altman, Breeland, R. Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Umphlett and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-85 SO AS TO ALTER THE LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
Very respectfully,
Speaker of the House
Received as information.
H. 4272 (Word version) -- Reps. Hinson, Altman, Breeland, R. Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Umphlett and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-85 SO AS TO ALTER THE LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
On motion of Senator HUTTO, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator HUTTO spoke on the report.
On motion of Senator HUTTO, the Report of the Committee of Conference to H. 4272 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4272 (Word version) -- Reps. Hinson, Altman, Breeland, R. Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Umphlett and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-85 SO AS TO ALTER THE LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: Amend the bill, as and if amended, by striking all after the title and inserting therein the following:
/ Whereas, the governing bodies of Berkeley and Charleston counties have no objection to a change in the county lines of both counties; and
Whereas, Section 7, Article VII of the Constitution of South Carolina, 1895, requires before any county line is altered the question must be submitted to the qualified electors of the territory proposed to be taken from one county and given to another; and
Whereas, at this time there are no inhabitants in the territory proposed to be taken from Charleston County and given to Berkeley County; and
Whereas, the South Carolina Attorney General has issued an opinion, Op. Atty. Gen., 90-67 (November 21, 1990), which concludes that when there are no inhabitants and therefore no qualified electors in the territory being moved from one county to another no election is required to move a county line between two counties. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 4 of the 1976 Code is amended by adding:
"Section 4-3-85. (A)(1) The following described portion of Charleston County is transferred and annexed to Berkeley County:
All that area, approximately 4.04 acres, now lying in the County of Charleston and identified as a portion of TMS #487-00-00-026 located adjacent to Crowfield Plantation Development and shown on a map prepared by ADC Engineer, Inc., designated as Job #02227 and dated December 4, 2002.
(2) The proper proportion of the existing Charleston County indebtedness of the area transferred must be assumed by Berkeley County.
(B) Upon application, the clerk of court, register of deeds, sheriff, and probate judge of Charleston County shall furnish certified copies of any judgment roll, entry on abstract of judgment book, will, record, execution, decree, deed, mortgage, or other papers signed or recorded in the office of such officers, upon payment of proper fees and when this certified copy is filed or recorded in the proper office of Berkeley County, it has the same force and effect in Berkeley County that it had in Charleston County and any record not transferred continues in force and effect, and each has the same force and effect in Berkeley County as if it had been transferred and made a record in the proper office in Berkeley County."
SECTION 2. Section 4-10-330(A)(1) of the 1976 Code, as added by Act 138 of 1997, is amended to read:
"(1) the purpose for which the proceeds of the tax are to be used, which may include projects located within or without, or both within and without, the boundaries of the local governmental entities, including the county, municipalities, and special purpose districts located in the county area, and may include the following types of projects:
(a) highways, roads, streets, and bridges, and public parking garages and related facilities;
(b) courthouses, administration buildings, civic centers, hospitals, emergency medical facilities, police stations, fire stations, jails, correctional facilities, detention facilities, libraries, coliseums, or any combination of these projects;
(c) cultural, recreational, or historic facilities, or any combination of these facilities;
(d) water, sewer, or water and sewer projects;
(e) flood control projects and storm water management facilities;
(f) beach access and beach renourishment;
(g) jointly operated projects of the county, a municipality, special purpose district, and school district, or any combination of those entities, for the projects delineated in subitems (a) through (e) (f) of this subsection;
(g)(h) any combination of the projects described in subitems (a) through (f) (g) of this item;"
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/C. Bradley Hutto /s/Floyd Breeland /s/Scott H. Richardson /s/Harry B. "Chip" Limehouse III /s/James H. Ritchie, Jr. /s/Shirley Rogers Hinson On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
Columbia, S.C., May 6, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4420 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-31-125 SO AS TO PROVIDE THAT FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, A NEW EMPLOYING UNIT MUST NOT BE ASSIGNED A DISCRETE EMPLOYER NUMBER WHEN THERE IS AN ACQUISITION OR CHANGE IN THE FORM OF THE ORGANIZATION OF AN EXISTING BUSINESS ENTERPRISE WITH CONTINUITY OF CONTROL, AND TO PROVIDE DEFINITIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 6, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R229, S. 154 by a vote of 96 to 1:
(R229, S154 (Word version)) -- Senator Giese: AN ACT TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO PROVIDE THAT A PERSON ENROLLED IN A TEACHER EDUCATION PROGRAM MUST BE ADVISED BY THE COLLEGE OR UNIVERSITY THAT HIS PRIOR CRIMINAL RECORD COULD PREVENT HIS TEACHER CERTIFICATION, PROVIDE THAT BEFORE BEGINNING FULL-TIME CLINICAL TEACHING EXPERIENCE A PERSON SHALL UNDERGO A STATE AND NATIONAL CRIMINAL RECORDS CHECK TO BE REVIEWED BY THE STATE DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION, PROVIDE THAT THE COSTS ASSOCIATED WITH THE FBI BACKGROUND CHECKS ARE THOSE OF THE APPLICANT, PROVIDE THAT THE INFORMATION COULD AFFECT HIS FITNESS TO TEACH AND THAT HE MAY BE DENIED THE OPPORTUNITY TO COMPLETE HIS CLINICAL TEACHING EXPERIENCE, PROVIDE THAT A TEACHER EDUCATION CANDIDATE MAY REQUEST RECONSIDERATION AFTER ONE YEAR, AND PROVIDE THAT A GRADUATE OF A TEACHER EDUCATION PROGRAM APPLYING FOR INITIAL TEACHER CERTIFICATION MUST HAVE COMPLETED THE FBI FINGERPRINT PROCESS WITHIN EIGHTEEN MONTHS OF FORMALLY APPLYING; AND TO REPEAL SECTIONS 59-3-50, 59-3-60, AND 59-3-70, ALL RELATING TO STATISTICAL REPORTS REQUIRED BY THE SUPERINTENDENT OF EDUCATION.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 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.
By prior motion of Senator MOORE, with unanimous consent
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 RYBERG, 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 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.
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.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator RICHARDSON proposed the following amendment (DKA\3937DW04):
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION __. A. Section 38-43-100(A), (B), (F), and (J) of the 1976 Code, as last amended by Act 73 of 2003, is further amended to read:
"(A) Business may not be done by the applicant except following issuance of a producer's license, and the license may not be issued until the director or his designee has determined that the applicant is qualified as an insurance producer, generally, and is particularly qualified for the line of business in which the applicant proposes to engage. The department shall promulgate regulations setting forth qualifying standards of producers as to all lines of business and shall require the producer applicant to stand a written examination. For the purpose of interstate reciprocity, the department shall identify by bulletin which limited lines or limited lines credit insurance are approved in South Carolina and which are exempt from examination. The director or his designee may waive the examination with respect to for an applicant who receives a bachelor's degree in insurance within five years of an application for licensure. The director or his designee also may waive the examination for property, casualty, surety, and marine lines of authority for applicants who have achieved the designations of Certified Insurance Counselor (CIC) or Chartered Property and Casualty Underwriter (CPCU) or. The director or his designee also may waive the examination for life, accident, and health lines of authority for applicants who have achieved the designation of or Chartered Life Underwriter (CLU), Fellow, Life Management Institute (FLMI), Life Underwriters Training Council Fellow (LUTCF), Registered Health Underwriter (RHU), Registered Employee Benefit Consultant (REBC), or Chartered Financial Consultant (CHFC). A bank, finance company, or other company handling credit transactions operating in this State and utilizing one or more credit life or accident and health or credit property producers in a particular geographical area who are licensed without having taken the written examination is required to have readily available at least one credit life or accident and health or credit property producer to answer customers' questions concerning credit life, credit accident and health insurance, or credit property, or any combination of these.
(B) A resident individual applying for an insurance producer license shall pass a written an examination unless exempt pursuant to subsection (A) of this section. The examination shall must test the knowledge of the individual concerning the lines of authority for which application is made, the duties and responsibilities of an insurance producer, and the insurance laws and regulations of this State. Examinations The examination required by this section must be developed and conducted under rules and regulations prescribed by the director or his designee.
(F) A person applying for a resident insurance producer license or a person applying on behalf of the applicant shall make application to the director or his designee on the Uniform Application and declare under penalty of refusal, suspension, or revocation of the license that the statements made in the application are true, correct, and complete to the best of the individual's applicant's knowledge and belief. Before approving the application, the director or his designee shall find that the individual applicant:
(1) is at least eighteen years of age;
(2) has not committed any act is a person of good moral character and has not been convicted of a felony or any crime involving moral turpitude within the last ten years that is a ground for denial, suspension, or revocation set forth as provided for in Section 38-43-130;
(3) has completed a prelicensing course of study for the lines of insurance for which the person has applied;
(4) has paid the fees set forth in Section 38-43-80; and
(5) has successfully passed the examination or examinations for the line or lines of insurance for which the person has applied.
(J) Each insurer that sells, solicits, or negotiates any form of limited line credit insurance shall provide to each individual whose duties include selling, soliciting, or negotiating limited line credit insurance a program of instruction that is approved by has been filed with the director or his designee."
B. This section takes effect January 1, 2005.
SECTION __. A. Section 38-43-101 of the 1976 Code, as added by Act 323 of 2002, is amended by adding:
"(C) A person applying for a nonresident insurance producer license or a person applying on behalf of the applicant shall make application to the director or his designee on the uniform application and declare under penalty of refusal, suspension, or revocation of the license that the statements made in the application are true, correct, and complete to the best of the applicant's knowledge and belief."
B. This section takes effect January 1, 2005.
SECTION __. A. Section 38-43-105(A) and (D) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(A) No An applicant may not be licensed as a local or general producer unless, within two years immediately preceding the date of his licensing, he has:
(1) successfully completed classroom or correspondence courses in insurance approved by the director or his designee consisting of no less than forty classroom hours, or forty self-study hours; or
(2) had at least one year of insurance underwriting or marketing experience as an employee of a producer, insurer, or their managers or general producers in all lines of insurance for which he is making application to be licensed;
(3) received a bachelor's degree in insurance within five years of an application for licensure;
(4) achieved one of the following designations: Chartered Life Underwriter (CLU), Fellow, Life Management Institute (FLMI), Certified Financial Planner (CFP), Life Underwriter Training Council Fellow (LUTCF), Registered Health Underwriter (RHU), Registered Employee Benefit Consultant (REBC), or Chartered Financial Consultant (CHFC) if applying for a Life, Accident, and Health license; or
(5) achieved the designation of Chartered Property and Casualty Underwriter (CPCU) or Certified Insurance Counselor (CIC) if applying for a Property, Casualty, Surety, and Marine license.
(D) Any A correspondence course approved by the director or his designee shall qualify for the equivalency of the number of classroom hours assigned thereto to it by the director or his designee. Any An applicant taking a prelicensing education course by correspondence in fulfillment of the forty-hour prelicensing education requirement must successfully shall pass a closed book course examination that is monitored by a state approved proctor successfully."
B. This section takes effect January 1. 2005.
SECTION __. A. Section 38-43-106(A) of the 1976 Code, as last amended by Act 323 of 2002, is further amended by adding:
"(3) However, a licensed resident producer who has obtained one of the following designations may use the credit hours earned to maintain the designation toward the fulfillment of the twenty-four hour requirement: Chartered Life Underwriter (CLU), Fellow, Life Management Institute (FLMI), Certified Financial Planner (CFP), Life Underwriter Training Council Fellow (LUTCF), Registered Health Underwriter (RHU), Registered Employee Benefit Consultant (REBC), or Chartered Financial Consultant (CHFC) if applying for a Life, Accident, and Health license, or Chartered Property and Casualty Underwriter (CPCU) or Certified Insurance Counselor (CIC) if applying for a Property, Casualty, Surety, and Marine license."
B. This section takes effect January 1, 2005.
SECTION __. A. Section 38-43-106(C)(1) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(1) The director or his designee shall administer these continuing education requirements and shall approve courses of instruction which qualify for these purposes. However, the director may enter into reciprocal agreements with the insurance commissioners of other states regarding the approval of continuing education courses, sponsors, instructors, or proctors if, in his judgment, the arrangements or agreements are in the best interest of the State and if the proposed courses, sponsors, instructors, or proctors submitted meet the minimum statutory requirements of this State for approval. However, the director or his designee may not enter into or continue a reciprocal agreement unless the other state has requirements similar to this State in approving courses, sponsors, instructors, or proctors. In administering this program, the department, in its discretion, may promulgate regulations whereby producers provide to a continuing education administrator established within the Department of Insurance proof of compliance with continuing education requirements as a condition of license renewal or, in the alternative, contract with an outside service provider to provide recordkeeping services as the continuing education administrator. The costs of the continuing education administrator must be paid from the continuing insurance education fees paid by producers in the manner provided by this section, except that course approval responsibilities may not be designated to the continuing education administrator. The continuing education administrator shall compile and maintain, in conjunction with insurers and producers, records reflecting the continuing insurance education status of all licensed or qualified producers subject to the requirements of this section. The continuing education administrator shall furnish to the insurer, as specified by regulation, a report of the continuing insurance education status of all of its producers. All licensed producers shall provide evidence of their continuing insurance education status to the continuing education administrator by May first of the biennially compliance year unless granted an extension. Any continuing insurance education approved courses taken subsequent to this May first deadline must be applied to the following biennial continuing insurance education required period."
B. This section takes effect July 1, 2004.
SECTION __. A. Section 38-43-106(C)(2) and (3) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(2) The department may promulgate regulations prescribing the overall parameters of continuing education requirements, and these regulations shall must expressly authorize the director or his designee to recognize product-specific training offered by insurers. The director shall appoint an advisory committee to make recommendations with respect to courses offered for approval, but the director or his designee shall retain authority with respect to course approvals. When the advisory committee is approved, it shall meet regularly as needed, but no less than semiannually, to review new course applications. Also, the advisory committee shall review modifications of courses previously approved and review previously promulgated regulations to make recommendations regarding any need for modifications, deletions, or new regulations. The advisory committee must be comprised of sixteen representatives. In making these appointments, the director may accept nominations for qualified individuals from the Professional Insurance Agents of South Carolina; the Independent Insurance Agents of South Carolina; the South Carolina Association of Automobile Insurance Agents; the South Carolina Association of Insurance and Financial Advisers; the Association of South Carolina Life Insurance Companies; the Direct Writers Insurance Companies; insurers that are not members of any national insurance trade association; and any other individual, group, or trade or professional association.
(3) Vacancies A vacancy on the advisory committee must be published in newspapers of general, statewide circulation. Each advisory committee members member must be appointed for a term of two years each and shall serve until their his successors are successor is appointed and have qualified. Any A vacancy must be filled for the unexpired term only."
B. This section takes effect January 1, 2005.
SECTION __. A. Section 38-43-106(H) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(H) A licensed producer reaching the age of fifty-five, for any lines of authority for which he has a minimum of twenty years of continuous licensure, is exempted from the requirements of this section as to the line or lines which are otherwise subject to the provisions of this section is required biennially to complete twelve hours of continuing education. A licensed producer, reaching the age of sixty for any lines of authority for which he has a minimum of twenty twenty-five years of active licensure, is exempted from the requirements of this section as to the line or lines which are otherwise subject to the provisions of this section required biennially to complete twelve hours of continuing education. A licensed producer, for any lines of authority for which he has been continuously licensed for ten years and has achieved one of the following designations, is required biennially to complete twelve hours of continuing education: Chartered Life Underwriter (CLU), Fellow, Life Management Institute (FLMI), Certified Financial Planner (CFP), Registered Health Underwriter (RHU), Registered Employee Benefit Consultant (REBC), Life Underwriter Training Council Fellow (LUTCF), or Chartered Financial Consultant (CHFC) if applying for a Life, Accident, and Health license, or Chartered Property and Casualty Underwriter (CPCU) or Certified Insurance Counselor (CIC) if applying for a Property, Casualty, Surety, and Marine license. A multiline producer shall complete a minimum of six hours of continuing education for each line of authority. A producer who is exempt from continuing education requirements before the effective date of this section, shall maintain the total exemption from continuing education requirements."
B. This section takes effect May 1, 2006.
SECTION __. A. Section 38-43-107(A) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(A) When If an individual applies for an insurance producer's license he shall supply the department his business, mailing, and residence street address. The producer shall notify the department within thirty days of any change in legal name or in these addresses."
B. This section takes effect January 1, 2005.
SECTION __. A. Section 38-43-200 of the 1976 Code, as last amended by Act 323 of 2002, is further amended by deleting subsection (I) which reads:
"(I) An insurer or insurance producer may pay or assign commissions, service fees, brokerages, or other valuable consideration to an insurance agency or to persons who do not sell, solicit, or negotiate insurance in this State, unless the payment would violate the procedures as outlined under Chapter 57 of Title 38."
B. This section takes effect January 1, 2005.
SECTION __. Section 38-44-20(3)(a) of the 1976 Code is amended to read:
"(a) 'Managing general agent', MGA, means a person who:
(i) manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office; and
(ii) acts as an agent for the insurer whether known as a MGA, a manager, or another similar term;, who
(iii) with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premium equal to or more than five percent of the policyholder surplus as reported in the last annual statement of the insurer in one quarter or year with one or both of the following activities related to the business produced:
a. adjusts or pays claims in excess of five thousand dollars;
b. negotiates ceding reinsurance contracts on behalf of the insurer."
SECTION __. Section 38-45-20(2) of the 1976 Code, as last amended by Act 73 of 2003, is further amended to read:
"(2) successful completion of classroom insurance courses approved by the director or his designee consisting of no less than twelve classroom hours, which must be in addition to the requirements for a producer license contained in Section 38-43-105. The course subjects must be related to broker or surplus lines activities as approved by the director or his designee. A course certificate must be issued to each course participant upon successful completion of the course requirements. The certificate expires twenty-four months following the date of issuance. A request for licensure submitted to the department after the expiration date of the certificate is considered invalid for purposes of licensure as a broker;"
SECTION __. Section 38-77-155 of the 1976 Code is amended to read:
"Section 38-77-155. The director shall distribute monies annually from the Uninsured Motorists Fund among the several insurers writing motor vehicle bodily injury and property damage liability insurance on motor vehicles registered in this State. Monies must be distributed in the proportion that each insurer's premium income for the basic uninsured motorists limits auto liability coverage bears to the total premium income for basic uninsured motorists limits auto liability coverage written in this State during the preceding year. Premium income must be gross premiums less cancellation and return premiums for coverage required by Section 38-77-150. Only insurers that maintain records satisfactory to the director shall receive any payment from the Uninsured Motorists Fund. Records must be considered satisfactory if they adequately disclose the loss experience for the coverage. The director shall obtain premium information from the annual statement filed by each insurer." /
Amend further by striking SECTION 3 in its entirety and inserting:
/ SECTION __. Except as otherwise provided in this act, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator RICHARDSON explained the amendment.
On motion of Senator HUTTO, 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 adoption of Amendment No. 125 (4925B018.VAS) proposed by Senators SHEHEEN and HUTTO and previously printed in the Journal of Thursday, May 6, 2004.
Yesterday, I raised concerns about problems with the amendment proposed by Senator SHEHEEN (No. 125) that would use surplus funds to pay back the deficit from the estimated surplus. I have received information that corroborated my concerns.
Senator SHEHEEN's amendment provided that "any revenue realized in excess of authorized expenditures for fiscal year 2003-2004... must be applied toward the repayment of the accumulated budgetary general fund operating deficit for fiscal year 2001-2002." His use of the term "authorized expenditures" has created a confusing or unconstitutional situation.
Depending on what definition is used, the amount of the estimated surplus could be as low as $23 million or as much as $130 million. However, that decision would probably be only achieved after costly litigation. The language also would empower the Comptroller General to make decisions that are constitutionally prohibited.
While Senator SHEHEEN's goal is laudable, his language is problematic and, unless the language is fixed, this amendment would cause more harm than good.
At 10:32 A.M., on motion of Senator RICHARDSON, the Senate receded from business subject to the Call of the Chair.
At 12:30 P.M., the Senate resumed.
Senator KNOTTS asked unanimous consent to make a motion that the Senate stand in recess for one hour.
Senator MOORE objected.
Senator ELLIOTT asked unanimous consent to make a motion.
Senator RICHARDSON objected.
At 12:33 P.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was present.
The Senate resumed.
Senator LEATHERMAN argued contra to the adoption of Amendment No. 125.
On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by the recess, with Senator LEATHERMAN retaining the floor.
At 1:09 P.M., with Senator LEATHERMAN retaining the floor, on motion of Senator McCONNELL, with unanimous consent, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 3:12 P.M. and was called to order by the ACTING PRESIDENT, Senator MARTIN.
THE SENATE RESUMED CONSIDERATION OF H. 4925, THE GENERAL APPROPRIATION BILL.
The Senate resumed consideration of the Bill, the question being the adoption of Amendment No. 125.
At 3:13 P.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Branton Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Land Leatherman Malloy Martin McConnell McGill Mescher Moore O'Dell Peeler Pinckney Rankin Reese Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Thomas Verdin
A quorum being present, the Senate resumed.
At 3:19 P.M., the PRESIDENT assumed the Chair.
Senator DRUMMOND rose for an Expression of Personal Interest.
Mr. PRESIDENT, and members of the Senate, I am standing here thinking and wondering what I'm going to do. As all of you know, the good Lord has blessed me with good health. I've been in the Senate for 38 years and I am proud of every moment I've been here. I came in here and I sat on the back row just like the other freshman did and I worked myself up to the seat where the Senator from Charleston sits now. I had that burden on my shoulders and I also had the same burden, which the Senator from Florence has on his shoulders today. Senators, I don't have to run again. I think I've served my country, but this State and this country means more to me than honor and more to me than anything else. I've been just as non-partisan as I can be. I've served under every Governor since Russell and every Governor -- Democratic or Republican -- gave me letters of commendation. I helped Carroll Campbell when he was so successful.
Carroll Campbell had nine Republican Senators when he went into office. He had 22 Republican House members. He got things done and you know how he got things done? He called the leadership of both parties downstairs and he said, "Let's talk over the issues and let's settle them in a non-partisan way." I'm on this side now and sometimes we may act like we're a little tough. As you know, we're the minority. You're on that side and you are the majority, but you know, if we work against each other, neither one of us can accomplish anything. You ever think about that? The public sent us down here to do their work.
Quite a few years ago, I was honored by most of you that were here with that portrait on the wall. I was so honored. You just can't believe what I felt at that time. I was probably the least qualified educationally than anyone in the body, but I had been blessed and I found out how to do things the right way. The right way is to make friends and not enemies. Lord, we've got too many enemies in the world today. We don't need enemies in this body. We are all South Carolinians. We are all Americans. We represent all of South Carolina -- really and truly, if we just lay aside competition sometime. It's not a football game, it's not a basketball game, and it's not a soccer game. It's a game doing the right things for the right people -- South Carolina.
I feel sorry for the Senator from Florence. I suffered through some of the things he's going through right now, but you know he can't get one thing done unless we all agree.
Today I went to lunch and I was told that it would be an hour's wait because of the graduation ceremony at the University. There are graduations back home also and everyone one of us -- fathers, uncles, mothers, aunts, and cousins --we need to be at those ceremonies. You know whose paying the price of us not being there? It's our families -- our families. I said something and I am going to say it to you again. When you have problems in the Senate, call home and thank your loved ones. You know who's paying the penalty for us staying here? Our families are paying the price while we sit here and enjoy each other. Don't laugh when I say that. This old guy has been around a long time and he has been well blessed. I'm going to be here some more. Sometimes I don't know if I want to be back here and I'm going to ask you all to please come together and let's go home and thank our families.
Several years ago a Senator told me that every time he leaves home his wife is mad because she does not want him to leave. I told him to call home and tell her you love her and thank her for being there for you. You know what he told me the next week. He said, "I called home and you know what? My wife was thrilled to death." I just want to say this to each of you, "Call home and tell them you love them and let's get this work done in a good manner."
Thank you.
On motion of Senator FORD, with unanimous consent, Senator DRUMMOND's remarks were ordered printed in the Journal.
Senator ELLIOTT asked unanimous consent to make a motion.
Senator THOMAS objected.
Senator LEATHERMAN argued contra to the adoption of the amendment.
Senator HUTTO asked unanimous consent to make a motion to take up a cigarette tax amendment for immediate consideration.
Senator KNOTTS objected.
Senator LEATHERMAN argued contra to the adoption of the amendment.
Senator LEATHERMAN moved to table Amendment No. 125.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Cromer Drummond Ford Hayes Land Leatherman Martin McGill Mescher O'Dell Rankin Reese Short Smith, J. Verne Thomas Verdin
Branton Courson Elliott Fair Gregory Grooms Hawkins Hutto Jackson Knotts Kuhn Malloy McConnell Moore Peeler Pinckney Richardson Ritchie Ryberg Setzler Sheheen
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Although I still have the same misgivings about the problems in Amendment No. 125, I refused to table the amendment because Senators ELLIOTT and KNOTTS wanted to speak about the amendment and could not because of the motion to table. As a matter of courtesy, I wanted to afford them that right to speak on the amendment before a final vote was taken.
On motion of Senator LEATHERMAN, Amendment No. 125 was carried over.
Having voted on the prevailing side, Senator ELLIOTT moved to reconsider the vote whereby Amendment No. 99 (Doc. DAD72 STWD ADV REF.DOC), proposed by Senators RICHARDSON, KUHN, KNOTTS, THOMAS and HAWKINS was adopted on May 6, 2004.
There was no objection.
The question then was the motion to reconsider.
Senator HAWKINS moved to table the motion to reconsider.
Senator ELLIOTT moved to carry over the motion to table the motion to reconsider the vote whereby Amendment No. 99 was adopted on May 6, 2004.
Senator HAWKINS objected.
The question then was the motion to table the motion to reconsider.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Courson Fair Gregory Grooms Hawkins Kuhn McConnell Mescher Peeler Richardson Ritchie Ryberg Thomas Verdin
Branton Cromer Drummond Elliott Ford Hayes Hutto Jackson Knotts Land Malloy Martin McGill Moore O'Dell Pinckney Rankin Reese Setzler Sheheen Short Smith, J. Verne
We voted against Senate Amendment No. 99 offered by Senator RICHARDSON to the General Appropriation Bill because it is only advisory in nature. In April, the Lexington County Legislative Delegation unanimously passed legislation providing the citizens of Lexington County the right to vote, by a referendum on the November ballot, whether the sales tax charged in Lexington County should be increased by one cent in order to reduce property taxes. If the Lexington referendum is passed by the citizens, an increase in the sales tax and decrease in property tax will be immediate. Amendment No. 99 only allows the citizens to advise the General Assembly and does not require any changes to sale tax or a reduction in property tax.
The Senate refused to table the motion to reconsider. The question then was the motion to reconsider the vote whereby Amendment No. 99 was adopted.
Senator PEELER moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Elliott Fair Gregory Hawkins Hutto Jackson Kuhn Malloy Peeler Reese Richardson Ryberg Sheheen
Alexander Branton Courson Cromer Drummond Grooms Hayes Knotts Land Leatherman Martin McConnell McGill Mescher Moore O'Dell Rankin Ritchie Setzler Short Smith, J. Verne Thomas Verdin
The Senate refused to adjourn. The question then was the motion to reconsider the vote whereby Amendment No. 99 was adopted.
At 4:08 P.M., Senator PEELER moved to invoke Rule 3B and rescind all Leaves of Absence.
Senator MARTIN raised a Point of Order that the motion was out of order inasmuch as it was a double-barreled motion.
On motion of Senator PEELER, with unanimous consent, the motion was withdrawn.
At 4:09 P.M., Senator PEELER moved to invoke Rule 3B.
Senator BRANTON made a Parliamentary Inquiry as to whether or not the motion under Rule 3B was subject to debate.
The PRESIDENT stated that proponents and opponents were allotted two and one-half minutes each.
Senator BRANTON argued contra to invoking Rule 3B.
Senator PEELER argued in favor of invoking Rule 3B.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Cromer Hawkins Knotts Leatherman Mescher Peeler Smith, J. Verne Thomas Verdin
Branton Courson Drummond Elliott Fair Ford Gregory Grooms Hayes Hutto Jackson Kuhn Land Malloy Martin McConnell McGill Moore O'Dell Pinckney Rankin Reese Richardson Ritchie Setzler Sheheen Short
The Senate refused to invoke Rule 3B.
The question then was the motion to reconsider the vote whereby Amendment No. 99 was adopted.
Senator ELLIOTT argued in favor of the motion to reconsider.
Senator HAWKINS argued contra to the motion to reconsider.
With Senator HAWKINS retaining the floor, Senator KNOTTS asked unanimous consent to make a motion to recommit H. 4925, the General Appropriation Bill, to the Committee on Finance.
Senator LEATHERMAN objected.
Senator HAWKINS argued contra to the motion to reconsider.
At 4:35 P.M., Senator KNOTTS made the point that a quorum was not present. It was ascertained that a quorum was not present.
In the absence of a quorum, Senator KNOTTS moved that the Senate stand adjourned.
Senator BRANTON raised a Point of Order that the Point of Quorum was out of order inasmuch as Senator HAWKINS retained the floor and the motion required unanimous consent.
The PRESIDENT stated that the Point of Quorum could be made at any time and did not require unanimous consent.
The question then was the motion to adjourn.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Fair Ford Gregory Hawkins Hutto Jackson Kuhn Peeler Richardson
Alexander Branton Courson Cromer Drummond Elliott Grooms Hayes Knotts Land Leatherman Malloy Martin McConnell McGill Mescher Moore O'Dell Pinckney Rankin Reese Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin
The Senate refused to adjourn.
Senator HAWKINS resumed arguing contra to the motion to reconsider.
Senator HAWKINS moved to table the motion to reconsider the vote whereby Amendment No. 99 was adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton Courson Fair Gregory Grooms Hawkins Kuhn McConnell Mescher O'Dell Peeler Richardson Ritchie Thomas Verdin
Cromer Drummond Elliott Ford Hayes Hutto Jackson Knotts Land Leatherman Malloy Martin McGill Moore Pinckney Rankin Reese Setzler Sheheen Short Smith, J. Verne
We voted against Senate Amendment No. 99 offered by Senator RICHARDSON to the General Appropriation Bill because it is only advisory in nature. In April, the Lexington County Legislative Delegation unanimously passed legislation providing the citizens of Lexington County the right to vote, by a referendum on the November ballot, whether the sales tax charged in Lexington County should be increased by one cent in order to reduce property taxes. If the Lexington referendum is passed by the citizens, an increase in the sales tax and decrease in property tax will be immediate. Amendment 99 only allows the citizens to advise the General Assembly and does not require any changes to sale tax or a reduction in property tax.
The Senate refused to table the motion to reconsider. The question then was the motion to reconsider the vote whereby Amendment No. 99 was adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cromer Drummond Elliott Ford Hayes Hutto Jackson Knotts Land Leatherman Malloy Martin McGill Moore Pinckney Rankin Reese Setzler Sheheen Short Smith, J. Verne
Alexander Branton Courson Fair Gregory Grooms Hawkins Kuhn McConnell Mescher O'Dell Peeler Richardson Ritchie Thomas Verdin
We voted against Senate Amendment No. 99 offered by Senator RICHARDSON to the General Appropriation Bill because it is only advisory in nature. In April, the Lexington County Legislative Delegation unanimously passed legislation providing the citizens of Lexington County the right to vote, by a referendum on the November ballot, whether the sales tax charged in Lexington County should be increased by one cent in order to reduce property taxes. If the Lexington referendum is passed by the citizens, an increase in the sales tax and decrease in property tax will be immediate. Amendment 99 only allows the citizens to advise the General Assembly and does not require any changes to sale tax or a reduction in property tax.
The motion to reconsider was adopted. The question then was the adoption of Amendment No. 99.
At 5:18 P.M., the PRESIDENT Pro Tempore assumed the chair.
Senator HAWKINS argued in favor of the adoption of Amendment No. 99.
Senator HAWKINS moved to carry over Amendment No. 99
Senator MOORE moved to table the motion to carry over Amendment No. 99.
The motion to carry over Amendment No. 99 was laid on the table.
The question then was the adoption of Amendment No. 99.
Senator HAWKINS argued in favor of the adoption of Amendment No. 99.
Senator HUTTO raised a Point of Order that Amendment No. 99 was out of order inasmuch as it was violative of Rule 24.
Senator MARTIN spoke on the Point of Order.
Senator HAWKINS spoke on the Point of Order.
Senator MOORE spoke on the Point of Order.
The PRESIDENT Pro Tempore took the Point of Order under advisement.
Senator HAWKINS argued in favor of the adoption of Amendment No. 99.
Senator HAWKINS moved that the Senate stand adjourn.
Senator LEATHERMAN asked unanimous consent to make a motion that the Senate stand in recess for five minutes.
There was no objection.
Senator HAWKINS made a Parliamentary Inquiry as to whether or not he would retain the floor on the motion to stand in recess.
The PRESIDENT Pro Tempore stated that, although the pending motion when the Senate resumed after the recess would be the motion to adjourn, Senator HAWKINS would not retain the floor inasmuch as he made the motion to adjourn.
Senator HAWKINS insisted on the motion to adjourn and raised an objection to the recess.
The PRESIDENT Pro Tempore stated that, when the motion was made to recede, no objections were offered and the Senate would stand in recess.
At 5:58 P.M., on motion of Senator LEATHERMAN, the Senate receded from business not to exceed five minutes.
At 6:12 P.M., the Senate resumed.
The PRESIDENT Pro Tempore took up the Point of Order raised by Senator HUTTO that Amendment No. 99 was out of order inasmuch as it was violative of Rule 24.
The PRESIDENT Pro Tempore overruled the Point of Order.
The question then was the motion to adjourn.
Senator HAWKINS asked unanimous consent to make a motion to withdraw the motion to adjourn.
Senator MOORE objected.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Elliott Hutto Jackson Malloy Moore Pinckney Sheheen
Alexander Branton Courson Cromer Fair Gregory Grooms Hawkins Hayes Knotts Kuhn Land Leatherman Martin McConnell McGill Mescher O'Dell Peeler Rankin Reese Ritchie Setzler Short Smith, J. Verne Thomas Verdin
The Senate refused to adjourn.
At 6:18 P.M., the PRESIDENT assumed the Chair.
Senator ELLIOTT moved to lay Amendment No. 99 on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Elliott Ford Hutto Jackson Land Malloy Martin McGill Moore Pinckney Rankin Reese Setzler Sheheen Short
Alexander Branton Courson Cromer Fair Gregory Grooms Hawkins Hayes Knotts Kuhn McConnell Mescher O'Dell Peeler Ritchie Smith, J. Verne Thomas Verdin
The Senate refused to table Amendment No. 99. The question then was the adoption of the amendment.
Senator HUTTO argued contra to the adoption of the amendment.
At 6:34 P.M., Senator MALLOY made the point that a quorum was not present. It was ascertained that a quorum was present.
With Senator HUTTO retaining the floor, Senator J. VERNE SMITH asked unanimous consent to make a motion to carry over Amendment No. 99.
Senator PEELER objected.
Senator HUTTO argued contra to the adoption of the amendment.
At 6:52 P.M., Senator KNOTTS made the point that a quorum was not present. It was ascertained that a quorum was not present.
In the absence of a quorum, Senator KNOTTS moved that the Senate stand adjourned.
A roll call vote was ordered.
Senator KNOTTS asked unanimous consent to make a motion to withdraw the motion to adjourn.
Senator SHEHEEN objected.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Fair Hutto Jackson Land Malloy Moore Pinckney Setzler Sheheen Short
Alexander Branton Courson Gregory Grooms Hawkins Hayes Knotts Kuhn Leatherman Martin McConnell McGill Mescher O'Dell Peeler Reese Ritchie Smith, J. Verne Thomas Verdin
The Senate refused to adjourn. The question then was the adoption of the amendment.
Senator HUTTO argued contra to the adoption of the amendment.
With Senator HUTTO retaining the floor, Senator RITCHIE asked unanimous consent to make a motion to carry over Amendment No. 99.
There was no objection and Amendment No. 99 was carried over.
Senator HUTTO moved that the Senate adjourn.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Elliott Hutto Jackson Land Malloy Moore Pinckney Reese Setzler Sheheen Short
Alexander Courson Cromer Fair Gregory Grooms Hawkins Hayes Knotts Kuhn Leatherman Martin McConnell McGill Mescher O'Dell Peeler Ritchie Smith, J. Verne Thomas Verdin
The Senate refused to adjourn.
Having voted on the prevailing side, Senator LEATHERMAN moved to reconsider the vote whereby Amendment No. 20A (Doc. No. S/FIN/Amend/BEHHCA2), proposed by Senators GROOMS, SHORT, LAND and SETZLER, was tabled on May 6, 2004.
There was no objection.
The question then was the adoption of Amendment No. 20A.
Senator SHORT explained the amendment.
Senator LEATHERMAN spoke on the amendment.
Amendment No. 20A was adopted (#55).
Senators THOMAS and HUTTO proposed the following Amendment No. 138 (2043MM04.DOC), which was not adopted:
Amend the bill, as and if amended, Part II, page 507, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 48-46-90 SO AS TO PROVIDE FOR THE APPROVAL OF THE IMPORTATION OF UP TO ONE HUNDRED THOUSAND CUBIC FEET OF CLASS A LOW-LEVEL WASTE IN FISCAL YEAR 2004-2005 FOR DISPOSAL AT THE STATE'S REGIONAL DISPOSAL FACILITY, IN ADDITION TO ANY CAP SET OTHERWISE ON THE CUBIC FOOT AMOUNT FOR THAT FISCAL YEAR, TO PROVIDE A MINIMUM PAYMENT AMOUNT AND QUARTERLY PAYMENTS OF A PERCENTAGE OF THE SALES PROCEEDS, AND TO PROVIDE THAT THE MONIES BE USED TOWARD FUNDING THE EMPLOYER'S SHARE OF THE STATE HEALTH PLAN AND ALLOCATED TO THE BARNWELL ECONOMIC DEVELOPMENT FUND, WITH THE BALANCE TO BE APPLIED TO THE PREVIOUS YEAR'S DEFICIT.
A. Chapter 46, Title 48 of the 1976 Code is amended by adding:
"Section 48-46-90. (A) The South Carolina commissioners or alternate commissioners to the Atlantic Interstate Low-Level Radioactive Waste Compact shall cast applicable votes to approve the importation of up to one hundred thousand cubic feet of Class A low-level waste into the region in Fiscal Year 2004-05 for purposes of disposal at the regional disposal facility in South Carolina. This one hundred thousand cubic feet of waste is in addition to the fifty thousand cubic foot cap set forth for Fiscal Year 2004-05 in Section 48-46-40(A)(6)(a). Notwithstanding another provision of law, the disposal site operator may sell this additional volume of disposal capacity as it deems appropriate and retain the proceeds from the sale, so long as the marketing activity does not impact negatively the Budget and Control Board's existing disposal commitments and projected disposal revenues for Fiscal Years 2005 through 2008.
(B) The disposal site operator must submit a minimum payment of six million dollars and seventy-five percent of all sales proceeds from the sale of one hundred thousand cubic feet in excess of nine million dollars to be paid in quarterly installments on September 30, 2004, December 30, 2004, March 30, 2005, and June 30, 2005, for deposit into the General Fund for South Carolina budget year 2004-2005. The six million dollars of disposal funds deposited into the General Fund as a result of this provision must be appropriated to the Budget and Control Board, Employee Benefits, to be used toward funding the employer's share of the State Health Plan, to the extent necessary to reduce any increase that may be needed in the employee's share of the cost of health insurance. Five hundred thousand dollars of the disposal funds in excess of six million dollars must be allocated to the Barnwell Economic Development Fund as established in Section 48-46-60. The balance of any funds collected over nine million dollars must be applied to the prior year's deficit. Nothing in this section amends obligations of the disposal site operator to remit contributions to the Barnwell Extended Care Fund pursuant to Section 13-7-30, or contributions to the Decommissioning Trust Fund in accordance with the Decommissioning Trust Agreement dated March 24, 1981, as amended."
B. This SECTION takes effect July 1, 2004. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator HUTTO explained the amendment.
Senator COURSON argued contra to the adoption of the amendment.
Senator COURSON moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Branton Courson Gregory Grooms Hayes Kuhn Malloy McConnell Moore Reese Sheheen
Alexander Cromer Drummond Elliott Fair Hawkins Hutto Knotts Land Leatherman Martin McGill Mescher O'Dell Peeler Pinckney Ritchie Setzler Short Smith, J. Verne Thomas Verdin
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator KUHN spoke on the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton Cromer Drummond Fair Hawkins Hutto Land Leatherman Martin McGill Mescher Moore O'Dell Peeler Pinckney Ritchie Setzler Short Smith, J. Verne Thomas Verdin
Courson Elliott Gregory Grooms Hayes Jackson Knotts Kuhn Malloy McConnell Reese Sheheen
Having failed to receive the necessary vote, the adoption of Amendment No. 138 failed.
Senator SHEHEEN proposed the following Amendment No. 115 (DC INCOME TAX FILING DATE CHESTERFIELD SCHOOLS.DOC), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 0011, after line 39, by adding:
COLUMN 7 COLUMN 8
/ CHESTERFIELD
COUNTY SCHOOLS 100,000 100,000
Amend the bill further, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, after line 31, by adding an appropriately numbered paragraph to read:
/72.__ (Electronic Filing Date) The Department of Revenue shall not extend the due date of individual income tax returns for purposes of filing electronically. The additional general funds resulting from this date change shall be appropriated to the Chesterfield County school district to partially replace funds from the sale of forest products, land rentals and other forestry privileges which were redirected during FY 2002-03. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SHEHEEN explained the amendment.
Senator SHEHEEN asked unanimous consent to make a motion to perfect the amendment.
Senator LEATHERMAN objected.
Senator LEATHERMAN spoke on the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LEATHERMAN proposed the following Amendment No. 156 (BEHDAODAS.DOC), which was adopted (#56):
Amend the bill, as and if amended, Part IA, Section 12, DEPARTMENT OF ALCOHOL & OTHER DRUG ABUSE SERVICES, page 114, line 3, by:
COLUMN 7 COLUMN 8
/ STRIKING: 25,296
and
INSERTING: 101,185 75,889/
Amend the bill further, as and if amended, Section 12, page 114, by amending line 5 to read:
COLUMN 7 COLUMN 8
/CLASSIFIED POSITIONS 322,165 259,840/
Amend the bill further, as and if amended, Section 12, page 114, line 17, by:
COLUMN 7 COLUMN 8
/ STRIKING: 182,856
and
INSERTING: 234,832 51,976/
Amend the bill further, as and if amended, Section 12, page 115, line 6, by:
COLUMN 7 COLUMN 8
/ STRIKING: 206,336
and
INSERTING: 318,631 112,295/
Amend the bill further, as and if amended, Part 1B, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 360, line 30 by striking /: $110,484,893 / and inserting /$109,484,893/
Amend the bill further, as and if amended, Part 1B, Section 1.AA, Lottery Expenditure Account, page 361, after line 19 by inserting: /(24) Department of Alcohol and Other Drug Abuse Services -- $1,000,000./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
Senator J. VERNE SMITH spoke on the amendment.
The amendment was adopted.
Senator COURSON proposed the following Amendment No. 122 (DAD FWAVM.DOC), which was adopted (#57):
Amend the bill, as and if amended, Part IA, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 170, line 32, opposite "Advertising" by:
COLUMN 7 COLUMN 8
/ STRIKING: 8,555,017 7,555,017
and
INSERTING: 8,305,017 7,305,017/
Amend the bill further, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 296, by inserting after line 18:
COLUMN 7 COLUMN 8
/Veteran's Memorial 250,000 250,000/
Amend the bill further, as and if amended, Part IB, page 502, Section 73, STATEWIDE REVENUE, paragraph 73.9, after line 13, by inserting an appropriately numbered item to read:
/( ) P28 - Department of Parks, Recreation and Tourism $250,000;/
Amend the bill further, as and if amended, Part IB, page 503, paragraph 73.9, line 7, by striking:
/ (57) F03 - Budget and Control Board: Veterans Memorial $250,000; / and inserting / (57) F03 - Budget and Control Board: Veteran's Memorial $0 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator COURSON explained the amendment.
The amendment was adopted.
Senator REESE proposed the following Amendment No. 164 (DADTRANSFERAGING.DOC), which was adopted (#58):
Amend the bill, as and if amended, Part IA, Section 56C, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 278, lines 20-21, by striking opposite:
COLUMN 7 COLUMN 8
CLASSIFIED POSITIONS/ 860,795 324,279
(21.48) (8.66)/
Amend the bill further, as and if amended, Part IA, Section 56C, page 278, line 22, by striking opposite:
COLUMN 7 COLUMN 8
OTHER PERSONAL SERVICES/ 248,671/
Amend the bill further, as and if amended, Part IA, Section 56C, page 278, line 25, by striking opposite:
COLUMN 7 COLUMN 8
OTHER OPERATING EXPENSES/ 635,819 161,964/
Amend the bill further, as and if amended, Part IA, Section 56C, page 278, line 27, by striking opposite:
COLUMN 7 COLUMN 8
MCCORMICK INTERGENERATIONAL/ 8,841 8,841/
Amend the bill further, as and if amended, Part IA, Section 56C, page 278, lines 28-29, by striking opposite:
COLUMN 7 COLUMN 8
LOCAL PROVIDERS
SALARY SUPPLEMENTS/ 729,411 729,411/
Amend the bill further, as and if amended, Part IA, Section 56C, page 278, line 30, by striking opposite:
COLUMN 7 COLUMN 8
ALZHEIMERS/ 300,000 150,000/
Amend the bill further, as and if amended, Part IA, Section 56C, page 278, line 33, by striking opposite:
COLUMN 7 COLUMN 8
ALLOC OTHER ENTITIES/ 23,834,707 1,034,707/
Amend the bill further, as and if amended, Part IA, Section 56C, page 279, line 6, opposite EMPLOYER CONTRIBUTIONS by:
COLUMN 7 COLUMN 8
/ STRIKING: 2,119,765 839,258
and
INSERTING: 2,028,967 748,460/
Amend the bill further, as and if amended, Part IA, Section 57, LIEUTENANT GOVERNOR'S OFFICE, page 281, by inserting after line 14:
COLUMN 7 COLUMN 8
/Office on Aging
1. Senior Services Administration
Personal Service:
Classified Positions 860,795 324,279
(21.48) (8.66)
Other Personal Services 248,671
Total Personal Service 1,109,466 324,279
(21.48) (8.66)
Other Operating Expenses 635,819 161,964
Total Senior Services
Administration 1,745,285 486,243
(21.48) (8.66)
2. Office on Aging Assistance
Special Items:
McCormick Intergenerational 8,841 8,841
Local Provider Salary
Supplements 729,411 729,411
Alzheimers 300,000 150,000
Total Special Items 1,038,252 888,252
Aid to Subdivisions:
Alloc Other Entities 23,834,707 1,034,707
Total Dist Subdivisions 23,834,707 1,034,707
Total Office on Aging Assistance 24,872,959 1,922,959
Total Office on Aging 26,618,244 2,409,202
(21.48) (8.66)/
Amend the bill further, as and if amended, Part IA, Section 57, page 281, line 17, opposite EMPLOYER CONTRIBUTIONS by:
COLUMN 7 COLUMN 8
/ STRIKING: 47,090 47,090
and
INSERTING: 246,387 137,888/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator REESE explained the amendment.
The amendment was adopted.
Senator REESE proposed the following Amendment No. 165 (10304SJ04.DOC), which was adopted (#59):
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 375, beginning on line 7, by deleting paragraph 8.17 in its entirety and inserting:
/ 8.17. (DHHS: Division on Aging Transfer) Notwithstanding any other provision of law, the duties, functions and responsibilities of the Division on Aging in the Office of the Governor are transferred to the Off of the Lieutenant Governor as the Office on Aging. The director of the department must employ a deputy director to be the administrator for the office. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator REESE explained the amendment.
The amendment was adopted.
At 8:04 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 8:30 P.M.
At 8:42 P.M., the Senate resumed.
Senators RYBERG and KNOTTS proposed the following Amendment No. 157 (4925R051.GR.DOC), which was tabled:
Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 297, line 20, by:
COLUMN 7 COLUMN 8
/ STRIKING: 2,014,909 1,401,476
and
INSERTING: 1,014,909 401,476/
Amend the bill further, as and if amended, Part IA, Section 27, DEPARTMENT OF COMMERCE, page 182, line 5, by:
COLUMN 7 COLUMN 8
/ STRIKING: 641,888 641,888
and
INSERTING: 1,641,888 1,641,888/
Amend the bill further, as and if amended, Part IB, page 502, Section 73, STATEWIDE REVENUE, by striking line 14.
Amend the bill further, as and if amended, Part IB, page 503, Section 73, STATEWIDE REVENUE, by striking line 3 and inserting:
/ (53) F03 - Budget and Control Board: $3,650,890; /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN spoke on the amendment.
Senator MOORE argued contra to the adoption of the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PATTERSON proposed the following Amendment No. 110 (4925B023.KP.DOC), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 31, by:
COLUMN 7 COLUMN 8
/ STRIKING: 21,832,678
and
INSERTING: 22,870,783/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN spoke on the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senators LAND, MOORE, SETZLER, MATTHEWS, SHORT, HUTTO, GLOVER, PATTERSON, REESE, DRUMMOND, MALLOY and FORD proposed the following Amendment No. 148 (4925B027.NGS.DOC), which was tabled:
Amend amendment number 56A (7307AHB054.DOC), by striking the amendment and inserting the following:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 333, paragraph 1.4, line 21-23, by striking:
/ The base student cost for the current fiscal year has been determined to be $1,701 $1827 funded from the general fund and $25 funded from the Education Lottery Account for a total base student cost funding of $1,852. /
and inserting:
/The mandated base student cost for the current fiscal year has been determined to be $1,701, calculated pursuant to Section 59-20-40(b) is $2,234 has been funded at $1,852 per student. For fiscal year 2004-05, the total Education Finance Act weighted pupil count is projected by the Division of Research and Statistics of the Budget and Control Board to be 842,000. Total average per weighted pupil count funding is $3,418 state, to include General funds, Education Improvement Act funds and Lottery funds, $601 federal and $2,811 local. This is an average total funding per weighted pupil of $6,830 excluding local revenues of local bond issues and leases. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator MARTIN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton * Cromer Fair Gregory Grooms Hawkins Hayes Knotts Kuhn Leatherman Martin McConnell Mescher O'Dell Peeler Ritchie Smith, J. Verne Thomas Verdin
Anderson Drummond Elliott Ford * Glover * Hutto Jackson Land * Malloy Matthews * McGill * Moore Pinckney Reese Setzler Sheheen Short
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
Senators J. VERNE SMITH, LEATHERMAN, McCONNELL, PEELER, COURSON, GIESE, THOMAS, O'DELL, HAYES, GREGORY, MARTIN, MESCHER, RYBERG, WALDREP, ALEXANDER, FAIR, RAVENEL, BRANTON, GROOMS, RICHARDSON, HAWKINS, RITCHIE, VERDIN, KUHN, KNOTTS and CROMER proposed the following Amendment No. 56A (7307AHB04.DOC), which was adopted (#60):
Amend the bill, as and if amended, Part IB, SECTION 1, DEPARTMENT OF EDUCATION, page 333, paragraph 1.4, and inserting after / $1,852. / on line 23 / In fiscal year 2004-2005, the total pupil count is projected to be 666,932. The average per pupil funding is projected to be $4,316 state, $759 federal, and $3,548 local. This is an average total funding level of $8,623 excluding revenues of local bond issues. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
The amendment was adopted.
Senators LAND, MOORE, SETZLER, MATTHEWS, SHORT, HUTTO, GLOVER, REESE, DRUMMOND, MALLOY and FORD proposed the following Amendment No. 149 (4925B025.NGS.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 333, paragraph 1.4, line 22, by striking /$1,827 funded from the general fund and $25 funded from the Education Lottery Account for a total base student cost funding of $1,852./ and inserting /$2,234./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator MOORE argued in favor of the adoption of the amendment.
Senator THOMAS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Cromer Fair Gregory Grooms Hawkins Hayes Knotts Kuhn Martin McConnell Mescher O'Dell Ritchie Smith, J. Verne Thomas Verdin
Anderson Branton Drummond Elliott Hutto Jackson Land Leatherman Malloy Moore Peeler Pinckney Reese Setzler Sheheen Short
Senator McGILL desired to be recorded as voting against the motion to table the amendment.
The amendment was laid on the table.
We voted to table Amendment No. 149 to the General Appropriation Bill because the amendment sought to artificially set the base student cost which will cause an unfunded mandate resulting in higher property taxes.
Senator REESE proposed the following Amendment No. 140 (10290SJ04.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, H63 DEPARTMENT OF EDUCATION-EIA, page 351, paragraph 1A.18, after line 35, by adding a new paragraph to read:
/ For the current fiscal year, each school with an average daily membership of at least three hundred students shall have a registered nurse on school grounds during regular school hours. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator REESE explained the amendment.
Senator HAYES moved to lay the amendment on the table.
The amendment was laid on the table.
Senators PEELER, HAYES and RITCHIE proposed the following Amendment No. 134 (DAD1AA.1 STC.DOC), which was adopted (#61):
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 360, paragraph 1AA.1, lines 25-26, by striking:
/ All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year and shall be used to support the appropriations contained herein. /
and by inserting / All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year and of those funds, $86,000,000 shall be used to support the appropriations contained herein below. /
Amend the bill further, as and if amended, Part IB, page 362, paragraph 1AA.1, after line 26, by inserting:
/ After the first $86,000,000 of lottery funds carried forward from the prior fiscal year are realized, the next $500,000 realized shall be appropriated to the State Board for Technical and Comprehensive Education for Spartanburg Technical College for the Cherokee County Campus. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
Senator LEATHERMAN spoke on the amendment.
The amendment was adopted.
Senators RITCHIE, JACKSON and RICHARDSON proposed the following Amendment No. 135A (4925R057.JHR.DOC), which was adopted (#62):
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 360, paragraph 1AA.1, lines 25-26, by striking:
/ All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year and shall be used to support the appropriations contained herein. /
and by inserting: / All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year and of those funds, $86,500,000 shall be used to support the appropriations contained herein below./
Amend the bill further, as and if amended, Part IB, page 362, paragraph 1AA.1, after line 26, by inserting:
/ After the first $86,500,000 of lottery funds carried forward from the prior fiscal year are realized, the next $1,000,000 realized shall be appropriated to the Governor's Office of Executive Policy and Programs for academic enrichment after-school programs administered by the South Carolina Alliance of Boys & Girls Clubs, Inc., and the next $250,000 realized shall be appropriated to Francis Marion University for the expansion of the Nursing Program, and the next $100,000 realized shall be appropriated to Chesterfield County School District. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RITCHIE explained the amendment.
Senator MARTIN spoke on the amendment.
Senator HUTTO spoke on the amendment.
The amendment was adopted.
At 9:52 P.M., on motion of Senator LEATHERMAN, the Senate receded from business not to exceed five minutes.
At 10:10 P.M., the Senate resumed.
Senators PATTERSON, SETZLER, COURSON, LEATHERMAN and JACKSON proposed the following Amendment 126 (DAD1AA.1 PSG2.DOC), which was adopted (#63):
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 360, paragraph 1AA.1, line 30, by striking: / $92,258,518 / and by inserting / $91,058,518 /
Amend the bill further, as and if amended, Part IB, page 361, paragraph 1AA.1, after line 5, by inserting an appropriately numbered item to read:
/ ( ) Commission on Higher Education--Private Accredited Undergraduate Single Gender Institutions, $1,200,000 /
Amend the bill further, as and if amended, Part IB, page 361, paragraph 1AA.1, after line 26, by inserting:
/ The funds appropriated to the Commission on Higher Education for Private Accredited Undergraduate Single Gender Institutions must be disbursed equally to any private accredited undergraduate single gender institution to be used to match Pell Grants to students, however no institution may receive more than $600,000. Institutions may not draw down these funds until the institution certifies to the Commission on Higher Education that a dollar for dollar match is available. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator PATTERSON explained the amendment.
The amendment was adopted.
Senator O'DELL proposed the following Amendment No. 60 (DAD1AA.1 BPL.DOC), which was adopted (#64):
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 361, paragraph 1AA.1, line 14, by striking /$3,800,000/ and inserting /$3,864,000/
Amend the bill further, as and if amended, Part IB, page 362, paragraph 1AA.1, after line 26, by inserting:
/ Of the funds appropriated to the State Library--Aid to County Libraries, $64,000 shall be allocated to the Belton Public Library in Anderson County./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator O'DELL explained the amendment.
The amendment was adopted.
Having voted on the prevailing side, Senator LAND moved to reconsider the vote whereby Amendment No. 60 was adopted.
There was no objection and the motion to reconsider was adopted.
The question then was the adoption of the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senators J. VERNE SMITH and MALLOY proposed the following Amendment No. 91 (JVSMATHANDSCIENCE.DOC), which was adopted (#64):
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 362, paragraph 1AA.1, lines 17-18, by striking and inserting:
/ All revenue above $12,167,395 from unclaimed prizes shall be distributed as follows: $674,000 Department of Education - Governor's School for Science and Mathematics; and the remainder to school districts and allocated based on the Education Finance Act formula. /
Renumber sections to conform.
Amend sections, totals and title to conform.
The amendment was adopted.
Senators LEATHERMAN and MALLOY asked unanimous consent to place on the Desk an amendment (No. 167) that would allocate out of the lottery funds carried forward $50,000 for each of the 46 county public libraries above the present $87 million allocation.
There was no objection and the motion was adopted.
Senators JACKSON and RITCHIE proposed the following Amendment No. 123 (DAD1AA.1 AFP2.DOC), which was adopted (#65):
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 361, paragraph 1AA.1, after line 26, by inserting:
/ Of the funds appropriated to the Department of Education for homework centers, $285,000 shall be used for the National About Face Pilot Program. /
Renumber sections to conform.
Amend sections, totals and title to conform.
The amendment was adopted.
Senators SHORT and ANDERSON proposed the following Amendment No. 111A (4925B022.LHS.DOC), which was adopted (#66):
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 377, after line 29, by adding an appropriately numbered paragraph to read:
/ 8.__. The Long Term Care Ombudsman Program is authorized to conduct a pilot project utilizing volunteers to visit facilities, resolve minor complaints, and support salaried ombudsmen. This project must be conducted in areas of the State that are designated in accordance with the Federal Older Americans Act. These volunteers must be directly supervised by a salaried ombudsman employee, receive training, testing and certification consistent with salaried ombudsmen. A progress report of the pilot is to be submitted to the Senate Medical Affairs Committee and the House Medical, Military, Public and /Municipal Affairs Committee by January 1,2005. /
Renumber sections to conform. Amend sections, totals and title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
Senators SMITH, LEVENTIS, REESE, LEATHERMAN, ALEXANDER and SHEHEEN proposed the following Amendment No. 127 (BEHAMB.DOC), which was adopted (#67):
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:
/For the current fiscal year, the Department of Health and Human Services must reimburse for ambulance services at the rates in effect during FY 2003-04./
Renumber sections to conform.
Amend sections, totals and title to conform.
The amendment was adopted.
Senators HUTTO, REESE, FORD, DRUMMOND, MALLOY, SHEHEEN and MATTHEWS proposed the following Amendment No. 146 (4925B026.LHS.DOC), which was tabled:
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:
/ 8.__. Children ages birth to 18 whose family's income is 200% or less of poverty and are not otherwise insured, are to receive insurance through the Children's Health Insurance Program. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton Cromer Fair Gregory Grooms Hawkins Hayes Knotts Kuhn Leatherman Martin McConnell Mescher O'Dell Peeler Ritchie Smith, J. Verne Thomas Verdin
Anderson Drummond Elliott Hutto Jackson Land Malloy McGill Moore Patterson Pinckney Reese Setzler Sheheen Short
The amendment was laid on the table.
Senators RICHARDSON and THOMAS proposed the following Amendment No. 129 (DAD26.7 PALPRID.DOC), which was adopted (#68):
Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 405, paragraph 26.7, lines 7-36, and page 406, lines1-11, by striking proviso 26.7 (PalmettoPride) in its entirety.
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. 131A (4925R055.DLT.DOC), which was adopted (#69):
Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 406, by adding an appropriately numbered proviso to read:
/ 26.___. (PRT: Litter Control) 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.
The current members of the legislative advisory board shall become the board of directors. In addition to the members of the legislative advisory board becoming the board of directors, the Speaker of the House shall appoint two members of the board, the President Pro Tem of the Senate shall appoint two members of the board, and the Governor's appointed chairman/director shall appoint two members of the board. The Governor's appointed chairman/director shall act as the chairman of the board of directors. The board shall recommend and approve board vacancies.
PalmettoPride shall submit an annual budget to the board of directors and the Governor. The board of directors shall approve the budget and any additional budget adjustments.
Monies appropriated in Section 26, Part IA of this act, 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 board of directors is responsible for recommending a chairman/director to the Governor, 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 Director of the Department of Parks, Recreation and Tourism must appoint an interim director to serve until the Governor appoints a new chairman/director within ninety days of the vacancy as recommended by the board. That appointment as chairman/director is not considered an office for the purposes of the South Carolina constitutional prohibition against dual office holding. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 93 (4925B019.PLL.DOC), which was adopted (#70):
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 McGILL explained the amendment.
Senator McGILL moved that the amendment be adopted.
The amendment was adopted.
Senator FAIR proposed the following Amendment No. 143 (10303SJ04.DOC), which was tabled:
Amend the bill, Part 1B, SECTION 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 406, immediately after line 23, by inserting an appropriately numbered paragraph to read:
/ 26.__. (PRT: Hunting Island State Park beach renourishment) For the current fiscal year, of the funds allocated to the Conservation Bank in Part 1A, Section 29A, $5,000,000 must be allocated to the Hunting Island State Park to be expended on beach renourishment. /
Renumber sections to conform.
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Senator FAIR explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PINCKNEY desired to be recorded as voting against the motion to table the amendment.
Having voted on the prevailing side, Senator PEELER moved to reconsider the vote whereby Amendment No. 93 was adopted (#70).
There was no objection and the motion was adopted.
The question then was the adoption of Amendment No. 93.
Senator McGILL explained the amendment.
Senator PEELER moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LEATHERMAN proposed the following Amendment No. 133 (4925R043.HKL.DOC), which was adopted (#70):
Amend the bill, as and if amended, Part IB, page 409, Section 27, DEPARTMENT OF COMMERCE, by adding an appropriately numbered Proviso to read:
/ 27. . (CMRC: Department Operations) The State Treasurer shall transfer the first $1,495,000 of the gasoline user fee that would otherwise be transferred to the South Carolina Coordinating Council for Economic Development to the Department of Commerce to be used for operating purposes. /
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Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator RYBERG proposed the following Amendment No. 145 (4925R050.WGR.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, page 409, Section 27, DEPARTMENT OF COMMERCE, by adding a new Proviso to read:
/ 27. . (CMRC: Division of Public Railways) The Division of Public Railways shall make a one-time transfer in Fiscal Year 2004-05 of 1,000,000 to the Department of Commerce for general operations of the department. /
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Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ALEXANDER proposed the following Amendment No. 153 (12542AC04.DOC), which was adopted (#71):
Amend the bill, as and if amended, Part IB, Section 50, DEPARTMENT OF LABOR, LICENSING AND REGULATION, page 435, immediately after line 31 by adding an appropriately numbered paragraph to read:
/50.__. (L.L.R. Board of Medical Examiners- Licensure Requirements) During fiscal year 2004-2005, the South Carolina Board of Medical Examiners shall expend funds necessary to review and issue, at the board's discretion, a license to practice medicine to an applicant who has passed the required examinations, irrespective of the number of times an exam was taken or the time frame within which the applicant successfully passed such examinations, if the applicant otherwise qualifies for licensure and:
(1) has been licensed to practice medicine in another state in the United States;
(2) has not had his or her license revoked, suspended, or restricted in this State or any other state and has no disciplinary matters pending in this State or any other state;
(3) holds certification by a specialty board recognized by either the American Board of Medical Specialties or the American Osteopathic Association; and
(4) has undertaken to establish himself or herself in a rural area of this State./
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Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senator REESE proposed the following Amendment No. 139A (4925R058.GGR.DOC), which was adopted (#72):
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, by adding an appropriately numbered paragraph to read:
/ 63.__ (BCB Minutes of Meetings) Of the funds appropriated to the State Budget and Control Board for operating expenses, the board shall direct an employee to post on its web site within forty-eight hours after a meeting a summary of the actions by the board and copies of any information distributed at the meeting. A copy of the summary and any information distributed at the meeting also must be delivered to the President Pro Tempore of the Senate and the Speaker of the House of Representatives within five days of the meeting, and may be delivered by electronic mail at the option of the recipient. If the forty-eight hour or five-day time limit falls on a weekend, the minutes and information must be posted or delivered by five o'clock p.m. on the following Tuesday. /
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Senator REESE explained the amendment.
The amendment was adopted.
Senator RICHARDSON proposed the following Amendment No. 163 (4925R054.SHR.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, page 463, Section 63, BUDGET AND CONTROL BOARD, by striking line 35 and inserting:
/ 63.47 (BCB: Lawsuit Funding) The Executive Director shall pay from the Insurance Reserve Fund up to $3,000,000 of the defense costs of the /
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Senator McCONNELL moved to lay the amendment on the table.
The amendment was laid on the table.
Senator BRANTON proposed the following Amendment No. 114 (DC POLICE CORP SCHOLARHIPS NON TAXABLE.DOC), which was adopted (#73):
Amend the bill, as and if amended, Part IB, Section 64, DEPARTMENT OF REVENUE, page 468, after line 16, by adding an appropriately numbered paragraph to read:
/64.___ (Police Corps Scholarships) Any payments or reimbursements under the Police Corps Scholarship Program shall be deemed to be nontaxable scholarships for South Carolina income tax purposes for the 2003 tax year./
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Senator BRANTON explained the amendment.
The amendment was adopted.
Senator CROMER proposed the following Amendment No. 161 (4925R011.RWC.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 470, 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. /
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Senator CROMER explained the amendment.
Senator LEATHERMAN raised a Point of Order that Amendment No. 161 was out of order inasmuch as it was violative of Rule 24.
Senator HAWKINS spoke on the Point of Order.
Senator GREGORY spoke on the Point of Order.
Senator J. VERNE SMITH spoke on the amendment.
Senator J. VERNE SMITH moved to lay the amendment on the table.
The PRESIDENT sustained the Point of Order.
Amendment No. 161 was ruled out of order.
Senator CROMER proposed the following Amendment No. 162 (4925R053.RWC.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 470, 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, must not merge during the current fiscal year, and must not expend any funds for the merger of the two pharmacy programs. /
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Senator HUTTO raised a Point of Order that Amendment No. 162 was out of order inasmuch as it was violative of Rule 24.
Senator HAWKINS spoke on the Point of Order.
Senator GREGORY spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Amendment No. 162 was ruled out of order.
Senator GROOMS proposed the following Amendment No. 79 B(DADDHEC WASTE TIRE FUNDS TO HERITAGE.DOC), which was adopted (#74):
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: Heritage Community Services) The Department of Health and Environmental Control is directed to transfer $460,000 from the Waste Tire Grant Trust Fund, Subfund 4545, to the Department of Social Services for the Heritage Community Services Program. In order to provide maximum flexibility, the department may, in lieu of the specific account 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. /
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Senator GROOMS explained the amendment.
Senator HUTTO argued contra to the adoption of the amendment.
Senator KNOTTS argued in favor of the adoption of the amendment.
The amendment was adopted.
At 11:56 P.M., on motion of Senator LEATHERMAN, the Senate receded from business not to exceed twenty minutes.
At 12:43 A.M., the Senate resumed.
Senators BRANTON and KNOTTS proposed the following Amendment No. 166 (4925R046.WSB.DOC), which was adopted (#75):
Amend the bill, as and if amended, Part IB, page 370, Section 5M, MEDICAL UNIVERSITY OF SOUTH CAROLINA, by adding an appropriately numbered Proviso to read:
/ 5M. . (MUSC: Burn Unit) Of the funds appropriated for the Medical University of South Carolina, the Medical University must provide a burn unit and deliver health care to burn victims. /
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Senator BRANTON explained the amendment.
The amendment was adopted.
Senators MALLOY, LEATHERMAN and KNOTTS proposed the following Amendment No. 167 (4925R060.HKL.DOC), which was adopted (76):
Amend the bill, as and if amended, Part IB, page 362, paragraph 1AA.1, after line 26, by inserting a sentence at the end of the paragraph to read:
/ Any further amount realized shall be appropriated to the counties of this State in equal amounts not to exceed $50,000 per county for local library aid. /
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Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator LEATHERMAN asked unanimous consent to take up Amendment No. 99 for immediate consideration.
There was no objection.
Senators RICHARDSON, KUHN, KNOTTS, THOMAS and HAWKINS proposed the following Amendment No. 99 (DAD72 STWD ADV REF.DOC), which was not adopted:
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 LEATHERMAN explained the amendment.
The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Branton Cromer Fair Grooms Hawkins Kuhn McConnell Mescher O'Dell Peeler Ritchie Thomas Verdin
Alexander Anderson Drummond Elliott Gregory Hayes Hutto Jackson Knotts Land Leatherman Malloy Martin McGill Moore Patterson Pinckney Reese Setzler Sheheen Short Smith, J. Verne
Senator BRANTON asked unanimous consent to make a motion that Senator RAVENEL be recorded as voting in favor of the adoption of the amendment.
Senator J. VERNE SMITH objected.
Having failed to receive the necessary vote, the amendment was not adopted.
Senators LEATHERMAN, SHEHEEN, KNOTTS, HUTTO and KUHN proposed the following Amendment No. 168 (DADREPAYDEF5.DOC), which was adopted (#77):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 507, after line 2, by adding an appropriately numbered paragraph to read:
/ 73. . (SR: Repayment of Deficit) The State Treasurer is directed to transfer the sources of revenues identified in this provision to reduce the Fiscal Year 2001-02 accumulated budgetary general fund operating deficit.
(A) It is the intent of the General Assembly to establish a comprehensive central property and office facility management process to plan for the needs of state government agencies and to achieve maximum efficiency and economy in the use of state owned or state leased real properties. The Budget and Control Board is directed to identify all state owned properties whether titled in the name of the state or an agency or department, and all agencies and departments of state government are upon request to provide the Board all documents related to the title and acquisition of the real properties that are occupied or used by the agency or titled in the name of the agency. Further, the Budget and Control Board is directed to approve a long-term plan no later than November 1, 2004, for the real property and space needs of all state agencies. Based on the plan, state owned buildings and properties that the Board determines are not needed shall be sold with the approval of the Board. Upon determination by the Board that a property should be sold, the agency is required to sell the property and remit the proceeds as directed herein. In addition existing debt on facilities and buildings may be refinanced with Board approval.
The proceeds from the sale of surplus properties shall be used to reduce the Fiscal Year 2001-02 accumulated budgetary general fund operating deficit as provided in this section.
The property that the Board should consider for sale includes but is not limited to:
Department of Mental Health - Bull Street Complex;
Budget and Control Board - 300 Gervais Street;
Budget and Control Board - Brickyard Road, 6.5 acres;
Department of Disabilities and Special Needs - Margaret Street House;
Department of Motor Vehicles - Office at old Myrtle Beach Air Force Base; and
Educational Television Commission - Closed ETV Building.
This provision applies to all state agencies and departments except: institutions of higher learning; the Public Service Authority; the Ports Authority; the MUSC Hospital Authority; the Myrtle Beach Air Force Redevelopment Authority; the Department of Transportation; and the Charleston Naval Complex Redevelopment Authority.
This provision is comprehensive and supercedes any conflicting provisions concerning title and acquisition and disposition of state owned real property whether in permanent law, temporary law or by provision elsewhere in this Act.
Funds derived from sales and refinancing pursuant to this provision are to be used as provided in this section, except in those instances where the Board determines that the funds should be applied to debt payments related to the property.
(B) The State Budget and Control Board shall develop and implement a plan during Fiscal Year 04-05 to privatize the state's use of the following types of passenger vehicles: sedans, station wagons, pick-up trucks, and passenger vans, subject to the results of the study to be conducted by the Budget and Control Board. The Executive Director of the Budget and Control Board shall assume title to all state agency, board, commission, Clemson University-PSA, and South Carolina State-PSA owned passenger type vehicles (sedans, station wagons, pick-up trucks, and passenger vans) and shall dispose of such vehicles as surplus property. Notwithstanding any other provision of law, the Executive Director shall determine the appropriate method for the sale of these vehicles to maximize the revenue that would be generated by the sale. All proceeds from the sale of these vehicles shall be used to reduce the Fiscal Year 2001-02 accumulated budgetary general fund operating deficit, except for proceeds from vehicles originally purchased with federal funds. Institutions of higher learning and the Department of Transportation are exempt from the above provision. The following vehicles which may be considered special are excluded from this requirement: handicapped accessible vehicles at the Department of Disabilities and Special Needs; vehicles used to transport inmates or suspected criminals at the Department of Corrections and the Department of Juvenile Justice, vehicles used for law enforcement purposes at the Department of Public Safety, the Department of Natural Resources, the Forestry Commission, and the State Law Enforcement Division; and the Forestry Commission's fire suppression equipment.
At such time as all identified vehicles have been disposed of, the Executive Director of the Budget and Control Board shall oversee the closure of all state agency, board, and commission operated vehicle maintenance facilities. Institutions of higher learning, the Department of Transportation, the Department of Mental Health, the Department of Corrections, the Department of Education, the School for the Deaf and the Blind, the Forestry Commission and Clemson University-PSA are exempt from the maintenance facility closure requirement. A report shall be submitted quarterly to the Governor and the Chairmen of the Senate Finance Committee and the House Ways and Means Committee on the disposition of the identified types of vehicles and the status of maintenance facility closings.
Prior to the sale of vehicles pursuant to this proviso, the Budget and Control Board will conduct a study to determine that the sale of the vehicles and/or privatization of the state fleet vehicle maintenance facilities and The State Fleet will result in greater cost efficiencies to state agencies. The Board shall certify the amount of annual savings that would be realized from the privatization of the State Fleet Management Services. Should the results of the study conclude that privatization is not more cost effective, the vehicles shall not be sold nor shall any current services provided by State Fleet Management be terminated./
Amend the bill further, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 505, paragraph 17, line 9, by striking /(SR: Unobligated General Funds)/ and inserting /(SR: Repayment of Debt and Unobligated General Funds) (A) Before the close of the books on the state's 2003-2004 fiscal year, the State Treasurer is directed to transfer twenty million dollars from the general fund to partially offset the Fiscal Year 2001-2002 accumulated general fund operating deficit. (B) /
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Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senators LEATHERMAN and KUHN proposed the following Amendment No. 169 (DC BALANCING.DOC), which was adopted (#78):
Amend the amendment No. 144 bearing Document No. BEH001.DOC, as and if amended, by striking on page 3 of the amendment that portion which references Part IA, Section 5A, COMMISSION ON HIGHER EDUCATION, page 29, line 38, and by inserting:
COLUMN 7 COLUMN 8
/ STRIKING: 14,420,420 14,420,420
and
INSERTING: 13,361,683 13,361,683/
Amend amendment No. 144 further, as and if amended, by striking on page 3 of the amendment that portion which references Part IB, page 501, Section 73, STATEWIDE REVENUE, paragraph 8, line 6, and by inserting:
/ (SR: Agency Cash Surplus) Notwithstanding any other provision of law, the following amounts must be transferred to the State General Fund:
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, $1,997,509 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 LEATHERMAN asked unanimous consent to make a motion that the Finance Committee be allowed to prepare 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.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission and the Ethics Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission and the Dept. of Probation, Parole and Pardon Services.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Insurance Reserve Fund.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission, the Department of Motor Vehicles, the Dept. of Probation, Parole and Pardon Services and the Employment Security Commission.
On motion of Senator ALEXANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Don A. Richardson, M.D. of Seneca (Oconee County), S.C.
At 12:59 A.M., on motion of Senator McCONNELL, the Senate adjourned to meet next Tuesday, May 11, 2004, at 12:00 Noon.
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