Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a word from II Samuel (14:20), the context of which may have some relevance for our times:
"Your servant Joab did this to change the present situation. My Lord has wisdom like that of an angel of God... he knows everything that happens in the land."
Let us pray.
Father, You are our Lord. You are the Eternal God who in every age has sought in devious ways to communicate Your Word to a wayward world.
Father, we pray for the gifts of the Spirit and the consolations of the Gospel to rest upon Senator JAKE KNOTTS and his family in the passing from this life of their mother, Dovereen Jessie Marler.
Give us today, as we return to our tasks, clarity of mind and a vision of most pressing issues!
Chasten us, forgive us and continue to love us that we may become Your own people in spirit... and in truth... and in fact.
Amen.
At 12:06 P.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Branton Cromer Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Hutto Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore Patterson Peeler Pinckney Rankin Ravenel Richardson Ritchie Ryberg Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
A quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 827 (Word version), R231, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO REQUIRE AN INDIVIDUAL WHO HOLDS HIMSELF OUT AS A CERTIFIED INDUSTRIAL HYGIENIST OR A CERTIFIED SAFETY PROFESSIONAL TO BE CERTIFIED BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS, RESPECTIVELY, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
I applaud the American Board of Industrial Hygiene and the Board of Certified Safety Professionals for their efforts to promote workplace safety and to encourage qualified workplace safety professionals. However, I must respectfully veto this legislation based on the administration's belief that unless there is widespread harm the state's power to criminalize conduct need not be invoked in instances where private associations and the market place can provide sufficient oversight when combined with the judicial system and civil remedies for harm incurred by misrepresentation.
Senate Bill 827, R231 provides for criminal penalties if a person holds himself out, verbally or in writing, as a certified industrial hygienist or a certified safety professional. While I understand and appreciate that these certified professionals must undergo an intensive examination and certification process worthy of a certified status, I believe voluntary associations, professional boards and the marketplace can be used to highlight these qualifications and the difference they can make in protecting the public - as well as promoting the value of using a certified professional and in policing unqualified professionals.
This policy is grounded in my fundamental belief in the need to limit government relative to the rest of society because this relationship in the long run determines how a society is ordered. Ultimately, there are two fundamental ways to order society: voluntarily, through private interaction of individuals, associations, religious organizations, businesses, etc. - what some term civil society - or coercively, through the power of the state - government or what some call "political society." The power of South Carolina's government could be brought to bare in solving this issue, but I would like to see further efforts at the association level to remedy this issue first. Even George Washington recognized this dilemma when he wrote, "Government is not reason, it is not eloquence - it is force. Like fire, it is a dangerous servant and a fearsome master."
My position on this issue has been consistent; in our Executive Budget we proposed to eliminate state oversight of professional geologists and foresters because we believed their voluntary associations and professional boards could provide adequate oversight to ensure public protection. I believe that we should follow a similar approach by relying on professional organizations to provide sufficient qualifications for industrial hygienists and safety professionals and necessary safeguards for the public.
For these reasons, I am returning S. 827, R231 to you without my signature.
Sincerely,
/s/ Mark Sanford
Governor
(R231, S827 (Word version)) -- Senators McConnell and J. Verne Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO REQUIRE AN INDIVIDUAL WHO HOLDS HIMSELF OUT AS A CERTIFIED INDUSTRIAL HYGIENIST OR A CERTIFIED SAFETY PROFESSIONAL TO BE CERTIFIED BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS, RESPECTIVELY, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
The veto of the Governor was taken up for immediate consideration.
Senator McCONNELL spoke on the veto.
Senator McCONNELL moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Cromer Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Kershaw County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Roderick M. Todd, Jr., 407 Chesnut Street, Camden, S.C. 29020 VICE Arthur Leon Sowell (deceased)
Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 2001, and to expire October 18, 2005
At-Large
Eleanor Kitzman, P.O. Box 6849, Columbia, S.C. 29260 VICE Susan D. Romaine (resigned)
Referred to the Committee on Judiciary.
Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2002, and to expire July 1, 2006
5th Congressional District
Frank Murray, Jr., 558 Christopher Lane, Chester, S.C. 29706 VICE Douglas Rucker (resigned)
Referred to the Committee on Fish, Game and Forestry.
The following was received:
Document No. 2878
Agency: Board of Education
SUBJECT: Gifted and Talented
Received by Lieutenant Governor January 21, 2004
Referred to Education Committee
Legislative Review Expiration May 20, 2004
Revised: June 1, 2004
Withdrawn and Resubmitted May 12, 2004
At 4:30 P.M., Senator KNOTTS requested a leave of absence until 10:00 P.M. tonight.
At 4:55 P.M., Senator GROOMS requested a leave of absence beginning at 7:00 P.M. today and lasting until 10:00 A.M. Friday morning.
At 4:55 P.M., Senator SHORT requested a leave of absence for the balance of the day.
At 5:00 P.M., Senator SHEHEEN requested a leave of absence beginning at 5:15 P.M. today and lasting until 11:00 A.M. in the morning.
At 5:00 P.M., Senator RANKIN requested a leave of absence beginning at 5:15 P.M. today and lasting until 11:00 A.M. in the morning.
At 5:00 P.M., Senator HUTTO requested a leave of absence for the balance of the day.
At 5:00 P.M., Senator CROMER requested a leave of absence from 5:30 - 7:00 P.M. this evening.
At 5:00 P.M., Senator JACKSON requested a leave of absence beginning at 5:30 P.M. today and lasting until 11:00 A.M. in the morning.
At 5:00 P.M., Senator HAYES requested a leave of absence beginning at 5:15 P.M. today and lasting until 10:00 A.M. in the morning.
At 5:00 P.M., Senator HAWKINS requested a leave of absence beginning at 5:30 P.M. today and lasting until 9:00 A.M. in the morning.
At 5:00 P.M., Senator RITCHIE requested a leave of absence beginning at 5:30 P.M. today and lasting until 9:00 A.M. in the morning.
At 5:00 P.M., Senator FAIR requested a leave of absence beginning at 5:20 P.M. today and lasting until 11:00 A.M. in the morning.
The following were introduced:
S. 1231 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO COMMEND THE ADMINISTRATION, FACULTY, STAFF, AND SUPPORTERS OF ST. ANTHONY OF PADUA CATHOLIC SCHOOL IN GREENVILLE FOR SUCCESSFULLY NURTURING MORE THAN FIVE THOUSAND YOUNGSTERS IN A FRANCISCAN ENVIRONMENT OF LOVE, PEACE, AND SECURITY SINCE 1951 AND WISH THEM CONTINUED SUCCESS IN THE FIELD OF EDUCATION.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1232 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO CONGRATULATE BOB JONES ACADEMY VARSITY MOCK TRIAL TEAM, LOCATED IN GREENVILLE, SOUTH CAROLINA, FOR ITS COMMITMENT TO EXCELLENCE AND DEMONSTRATION OF EXTRAORDINARY ABILITY IN THE AREA OF MOCK TRIAL COMPETITION UPON BEING DECLARED THE HIGH SCHOOL MOCK TRIAL NATIONAL CHAMPIONS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1233 (Word version) -- Senators Ritchie, Hawkins, Peeler and Reese: A CONCURRENT RESOLUTION JOINING THE CITIZENS OF SPARTANBURG COUNTY IN WELCOMING THE EXCITING ANNOUNCEMENT OF THE LOCATION ON THE GROUNDS OF THE MARY BLACK MEMORIAL HOSPITAL OF THE MARY BLACK CENTER FOR ORTHOPEDIC EXCELLENCE, A COLLABORATION OF THE LONG-TRUSTED MARY BLACK HEALTH SYSTEM AND THE HIGHLY RESPECTED STEADMAN HAWKINS CLINIC.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1234 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE DR. DEBRA COX ON BEING NAMED SOUTH CAROLINA ELEMENTARY SCHOOL ASSISTANT PRINCIPAL OF THE YEAR 2003-2004 AND TO EXTEND BEST WISHES TO HER IN ALL OF HER FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1235 (Word version) -- Senators Fair, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO RECOGNIZE THE IMPORTANCE OF GASTRIC BYPASS SURGERY BY BOARD CERTIFIED BARIATRIC SURGEONS IN SOUTH CAROLINA AND TO ENCOURAGE THE ENDORSEMENT OF THE SOUTH CAROLINA ALLIANCE OF MANAGED HEALTH CARE ENTITIES IN CONSIDERATION OF HEALTHCARE COSTS IN THE TREATMENT OF MORBID OBESITY.
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The Senate Resolution was adopted.
S. 1236 (Word version) -- Senator Patterson: A SENATE RESOLUTION TO CONGRATULATE AND RECOGNIZE DANIELLE RIVERS UPON RECEIVING THE "WOMEN IN GEOLOGICAL SCIENCES AWARD" AT THE STATE SCIENCE FAIR AND TO EXTEND BEST WISHES TO HER IN ALL OF HER FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 1237 (Word version) -- Senator Fair: A SENATE RESOLUTION TO AFFIRM THE STATE OF SOUTH CAROLINA'S POSITION THAT PUBLIC EMPLOYEES, INCLUDING PUBLIC SCHOOL TEACHERS, HAVE THE SAME FIRST AMENDMENT RIGHTS THAT ALL OTHER CITIZENS OF THE STATE OF SOUTH CAROLINA AND THE UNITED STATES OF AMERICA POSSESS.
Senator FAIR spoke on the Resolution.
The Senate Resolution was introduced and, on motion of Senator FAIR with unanimous consent, S. 1237 was ordered placed on the Calendar without reference.
S. 1238 (Word version) -- Senator Cromer: A SENATE RESOLUTION TO HONOR AND RECOGNIZE THE VOLUNTEERS AND MEMBERS OF THE FIRE SERVICES OF THE COUNTY AND CITY OF NEWBERRY, TO THANK THEM FOR ALL THEY DO FOR THEIR COMMUNITIES, AND TO EXTEND TO THEM BEST WISHES IN ALL THEIR FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 1239 (Word version) -- Senator Malloy: A SENATE RESOLUTION TO RECOGNIZE MR. RICHARD WASHINGTON OF DARLINGTON COUNTY ON THE REMARKABLE OCCASION OF HIS ONE HUNDRED ELEVENTH BIRTHDAY AND TO WISH HIM CONTINUED GOOD HEALTH AND MUCH HAPPINESS IN THE YEARS TO COME.
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The Senate Resolution was adopted.
H. 4509 (Word version) -- Rep. Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-81 SO AS TO AUTHORIZE THE COMPTROLLER GENERAL TO PAY A PREMIUM FOR THE PREPAID LEGAL INSURANCE OF A STATE EMPLOYEE BY MEANS OF PAYROLL DEDUCTION AND TO PROVIDE THE CONDITIONS APPLICABLE WITH RESPECT TO THE PAYROLL DEDUCTION.
Read the first time and referred to the Committee on Finance.
H. 5205 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF SOUTH CAROLINA HIGHWAY 6 FROM THE POINT WHERE IT MERGES WITH SOUTH CAROLINA HIGHWAY 45 IN THE TOWN OF EUTAWVILLE TO THE BERKELEY COUNTY LINE AS THE "DANNY BELL MEMORIAL HIGHWAY".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 5224 (Word version) -- Reps. Scott, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND CELEBRATE THE ACCOMPLISHMENTS OF REVEREND LEANDER WEST, JR. AS HE APPROACHES HIS FOURTEENTH ANNIVERSARY AS PASTOR OF MOUNT ZION BAPTIST CHURCH IN BLYTHEWOOD, AND TO EXPRESS APPRECIATION FOR HIS LEADERSHIP, GUIDANCE, AND DEDICATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5227 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE ALLISON MUNN OF COLUMBIA AND HER TALENT AS AN ACTRESS AS SHE PERFECTS HER CRAFT AND PURSUES HER DREAMS BY STARRING IN THEATRE, MOVIES, AND TELEVISION AND TO WISH HER CONTINUED SUCCESS IN HER CHOSEN FIELD OF ACTING.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5228 (Word version) -- Reps. M. A. Pitts, Duncan, Taylor, Parks, McLeod, Pinson and Stille: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE WILLIAM TOWNES JONES IV, SOLICITOR OF THE EIGHTH JUDICIAL CIRCUIT UPON HIS RETIREMENT AFTER NINETEEN YEARS OF SERVICE AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5231 (Word version) -- Rep. Talley: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE DORMAN HIGH SCHOOL GIRLS BASKETBALL TEAM OF SPARTANBURG FOR WINNING THE 2004 CLASS AAAA CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOME A CHAMPIONSHIP TEAM.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5233 (Word version) -- Rep. Limehouse: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO JACK MAYBANK, SR., AND MAYBANK SHIPPING COMPANY FOR DISTINGUISHED SERVICE TO THE STATE OF SOUTH CAROLINA, OUR CITIZENS AND THEIR ECONOMIC WELL-BEING.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5237 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION RECOGNIZING JEREMY LONGSHORE OF BROOME HIGH SCHOOL IN SPARTANBURG COUNTY ON HIS RECORD-SETTING CHAMPIONSHIP POLE VAULT EFFORT OF 15' 6" IN THE SOUTH CAROLINA STATE 3A TRACK AND FIELD CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5240 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION CONGRATULATING HIGH JUMPER BROCK BRIGMAN OF BROOME HIGH SCHOOL IN SPARTANBURG COUNTY ON HIS RECORD-MATCHING JUMP OF SIX FEET SIX INCHES TO TAKE THE SOUTH CAROLINA AAA HIGH JUMP TITLE FOR 2004.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5241 (Word version) -- Rep. Littlejohn: A CONCURRENT RESOLUTION APPLAUDING BROOME HIGH SCHOOL'S GARRETT BLAKELY OF SPARTANBURG COUNTY ON HIS SOUTH CAROLINA CLASS AAA GOLD MEDAL WIN IN THE 400 METERS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator MESCHER from the General Committee submitted a favorable with amendment report on:
S. 959 (Word version) -- Senator McConnell: A SENATE RESOLUTION TO REQUEST THAT DECEMBER FIFTEENTH BE NAMED "BILL OF RIGHTS DAY" IN HONOR OF THE BILL OF RIGHTS OF THE UNITED STATES CONSTITUTION.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3289 (Word version) -- Rep. Altman: A BILL TO AMEND SECTIONS 15-78-80 AND 15-78-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO DELETE THE REQUIREMENT THAT A CLAIM BE VERIFIED.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3409 (Word version) -- Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M.A. Pitts, Viers, Martin and Miller: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY GOVERNMENTS, SO AS TO AUTHORIZE A COUNTY BY ORDINANCE TO REGULATE OR PROHIBIT THE DISCHARGE OF OTHERWISE LAWFUL FIREWORKS IN PARTS OF THE COUNTY WHERE BECAUSE OF POPULATION DENSITY OR CONTIGUITY TO MUNICIPALITIES, THE PUBLIC SAFETY REQUIRES THIS REGULATION.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3482 (Word version) -- Reps. Bingham, Trotter, M.A. Pitts, Umphlett, Taylor, E.H. Pitts, Simrill, Huggins, Owens, Bailey, Hinson, Rice, Cato, Young, Hagood, Loftis, Ceips, Toole, Altman, White, G.R. Smith, Barfield, Chellis, Clemmons, Cooper, Duncan, Merrill, Scarborough, Ott and Quinn: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST CARRYING A PISTOL SO AS TO CLARIFY THAT A PERSON MAY CARRY A PISTOL IN ANY HOME, ON REAL PROPERTY, OR AT A FIXED PLACE OF BUSINESS IF THE PERSON HAS THE PERMISSION OF THE OWNER OR PERSON IN LEGAL POSSESSION OR CONTROL OF THE PROPERTY, TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ONE'S PERSON AND A SECURED COMPARTMENT IN ONE'S CAR, TO CLARIFY THAT IT IS NOT A VIOLATION OF THE EXCEPTION ALLOWING A PISTOL TO BE SECURED IN A GLOVE COMPARTMENT IF THE COMPARTMENT IS OPENED TO RETRIEVE CERTAIN MOTOR VEHICLE DOCUMENTS IN THE PRESENCE OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ANY OF THE PROVIDED EXCEPTIONS.
Ordered for consideration tomorrow.
Senator RITCHIE from the Committee on Judiciary submitted a majority favorable with amendment and Senator GLOVER a minority unfavorable report on:
H. 3780 (Word version) -- Reps. Simrill, Haskins, Cato, Clemmons, Davenport, Hamilton, Keegan, Littlejohn, Owens, Sandifer, Sinclair, Vaughn, Viers, Talley and Delleney: A BILL TO ENACT THE "UNBORN VICTIMS ACT" INCLUDING PROVISIONS TO AMEND CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTIES IN CONNECTION WITH CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT, FOR PURPOSES OF A CIVIL CAUSE OF ACTION, "PERSON" INCLUDES AN UNBORN CHILD, AND TO FURTHER PROVIDE FOR LIMITATIONS ON THE APPLICABILITY OF THIS SECTION; TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND BY ADDING SECTION 50-21-185 TO FURTHER PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH.
Ordered for consideration tomorrow.
Senator WALDREP from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4004 (Word version) -- Reps. Hinson, Gourdine, Merrill, Umphlett and McLeod: A BILL TO AMEND SECTION 43-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF "EXPLOITATION" TO INCLUDE CAUSING A VULNERABLE ADULT TO PURCHASE GOODS OR SERVICES FOR THE PROFIT OF ANOTHER USING, AMONG OTHER THINGS, DURESS, COERCION, OR SWINDLING.
Ordered for consideration tomorrow.
Senator RICHARDSON from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4261 (Word version) -- Reps. Umphlett, Dantzler, Duncan, Herbkersman, Hinson, Limehouse, Mahaffey, Merrill, Owens, Pinson, M.A. Pitts, Richardson, Sandifer, J.R. Smith and Taylor: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF STATE OFFICERS BY THE GOVERNOR, SO AS TO REMOVE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY FROM THE CATEGORY OF OFFICERS WHO MAY BE REMOVED ONLY FOR CAUSE, AND TO ADD TO THE CATEGORY OF THOSE OFFICERS WHO CAN BE REMOVED ONLY FOR CAUSE PERSONS SERVING ON THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY AND THE SOUTH CAROLINA PORTS AUTHORITY.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4649 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-765, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OR MOTORCYCLE OF A LAW ENFORCEMENT AGENCY, SO AS TO DEFINE THE TERM "INVOLVED IN A TRAFFIC COLLISION", AND TO PROVIDE THAT ANY INVESTIGATION THAT OCCURS AS A RESULT OF A COLLISION INVOLVING A POLICE VEHICLE MUST INCLUDE A FIELD INVESTIGATION TO IDENTIFY POSSIBLE WITNESSES.
Ordered for consideration tomorrow.
Senator MOORE from the Committee on Judiciary submitted a majority favorable with amendment and Senator ANDERSON a minority unfavorable report on:
H. 4656 (Word version) -- Reps. Cato, Sandifer, Huggins, Bailey, Bales, Barfield, Bingham, Bowers, G. Brown, J. Brown, Chellis, Cooper, Dantzler, Edge, Hamilton, Harrell, Harrison, Hinson, Jennings, Leach, Lee, Limehouse, Lourie, Mack, Martin, McCraw, Miller, Perry, Quinn, Rice, Richardson, Rutherford, Scarborough, Scott, J.R. Smith, W.D. Smith, Thompson, Tripp, Trotter, White, Witherspoon, Young, Moody-Lawrence, Gourdine, Allen, Weeks, Walker, Owens, Govan, Loftis, G.R. Smith and Hosey: A BILL TO AMEND SECTION 58-9-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A TELEPHONE UTILITY TO BE GRANTED A CERTIFICATE OF NECESSITY BEFORE THE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO PROVIDE THAT TELECOMMUNICATIONS CARRIERS THAT HAVE ELECTED TO HAVE RATES, TERMS, AND CONDITIONS DETERMINED PURSUANT TO THE PLAN DESCRIBED IN SECTION 58-9-576(B) SHALL PROVIDE THESE CONTRACTS TO THE PUBLIC SERVICE COMMISSION AS REQUIRED; AND TO AMEND SECTION 58-9-576, AS AMENDED, RELATING TO THE ELECTION A LOCAL EXCHANGE CARRIER MAY MAKE WITH REGARD TO ITS REGULATION, SO AS TO PROVIDE FURTHER CONDITIONS UNDER WHICH A LOCAL EXCHANGE CARRIER MAY MAKE THIS ELECTION, TO DEFINE "ABUSE OF MARKET POSITION" AND REQUIRE THE COMMISSION TO RESOLVE COMPLAINTS WITHIN ONE HUNDRED TWENTY DAYS, TO DEFINE "BUNDLED OFFERING" AND "CONTRACT OFFERING", TO PROHIBIT THE COMMISSION FROM REGULATING A BUNDLED OFFERING OR CONTRACT OFFERING BY A CARRIER AND REQUIRE A CARRIER TO ADHERE TO AN ALTERNATIVE REGULATORY PLAN UNTIL IT EXPIRES OR IS TERMINATED BY THE COMMISSION, WHICHEVER IS SOONER, TO PROVIDE THAT A LOCAL EXCHANGE CARRIER PROVIDING BUNDLED OFFERINGS OR CONTRACT OFFERINGS IS OBLIGATED TO PROVIDE CERTAIN UNIVERSAL SERVICE FUND (USF) CONTRIBUTIONS, AND TO PROVIDE FOR THE MANNER IN WHICH ACCESS MINUTES OF USE MUST BE CLASSIFIED AND REPORTED FOR PURPOSES OF ADMINISTERING THE INTERIM LOCAL EXCHANGE CARRIER FUND.
Ordered for consideration tomorrow.
Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4675 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTERING, SO AS TO PROVIDE THAT WHEN THE SENTENCE FOR A VIOLATION OF THIS SECTION INCLUDES LITTER-GATHERING, THE LITTER-GATHERING PORTION IS MANDATORY; HOWEVER THE COURT MAY DIRECT THE PERSON TO PAY AN ADDITIONAL MONETARY PENALTY IN LIEU OF THE SENTENCE, TO PROVIDE THE CIRCUMSTANCES WHEN PROBATION MAY BE GRANTED IN LIEU OF A LITTER-GATHERING SENTENCE, TO PROVIDE FOR THE DISTRIBUTION OF FUNDS COLLECTED IN LIEU OF A MANDATORY LITTER-GATHERING SENTENCE, AND TO PROVIDE WHEN A VIOLATION OF THIS SECTION CONSTITUTES A PRIOR VIOLATION WITHIN THE MEANING OF THIS SECTION; AND TO AMEND SECTION 56-25-20, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH CERTAIN TRAFFIC CITATIONS, SO AS TO REVISE THIS SECTION TO INCLUDE A SUMMONS FOR CERTAIN LITTER VIOLATIONS.
Ordered for consideration tomorrow.
Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4688 (Word version) -- Reps. Davenport, Martin, Altman, Bailey, Barfield, Branham, Cato, Clark, Clyburn, Coates, J. Hines, M. Hines, Kirsh, Moody-Lawrence, Rivers, Scarborough, Sinclair, Snow, Stille and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-55 SO AS TO PROVIDE THAT A PERSON MAY NOT ISSUE OR SELL A GIFT CERTIFICATE WHICH PROVIDES THAT THE CERTIFICATE EXPIRES BEFORE THE FIRST ANNIVERSARY OF THE DATE ON WHICH THE CERTIFICATE IS ISSUED OR SOLD, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A CONDITION RELATING TO THE USE OF A GIFT CERTIFICATE MUST BE STATED CLEARLY ON THE CERTIFICATE IF THE CONDITION PROVIDES THAT THE CERTIFICATE DECREASES IN VALUE OVER A PERIOD OF TIME OR THAT A FEE IS CHARGED AGAINST THE BALANCE OF THE CERTIFICATE AFTER A CERTAIN PERIOD OF TIME.
Ordered for consideration tomorrow.
Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4697 (Word version) -- Reps. Witherspoon, Rhoad, Hayes, Bailey, Battle, Coates, Davenport, Edge, Keegan, Leach, Limehouse, Loftis, McCraw and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-23-265 SO AS TO PROVIDE THAT A PERSON WHO PURCHASES TREES OR FOREST PRODUCTS DIRECTLY FROM A LANDOWNER FROM LANDS IN THIS STATE MUST MAKE FULL PAYMENT TO THE LANDOWNER IN THE MANNER PROVIDED IN THIS SECTION, TO PROVIDE EXCEPTIONS, TO PROVIDE THAT FAILURE TO REMIT PAYMENT AS REQUIRED SUBJECTS THE VIOLATOR TO CRIMINAL PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT WHERE THE VALUE OF THE TIMBER EXCEEDS FIVE THOUSAND DOLLARS, EQUIPMENT AND VEHICLES USED TO ACQUIRE OR CUT THE TIMBER ARE SUBJECT TO CONFISCATION AND FORFEITURE.
Ordered for consideration tomorrow.
Senator MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4720 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 26, SO AS TO ENACT THE UNIFORM ELECTRONIC TRANSACTIONS ACT, PROVIDING FOR DEFINITIONS, LEGAL EFFECT AND ENFORCEABILITY OF AN ELECTRONIC RECORD AND SIGNATURE, CHANGES OR ERRORS IN TRANSMISSION OF AN ELECTRONIC RECORD, COMPLIANCE OF AN ELECTRONIC RECORD OR SIGNATURE WITH OTHER LAWS AFFECTING VALIDITY OR RETENTION OR RECEIPT OF A RECORD OR SIGNATURE, USE OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES, PROMULGATION OF REGULATIONS BY THE BUDGET AND CONTROL BOARD TO ENHANCE THE UTILIZATION OF ELECTRONIC RECORDS AND SIGNATURES, AND DEVELOPMENT BY THE SECRETARY OF STATE OF MODEL PROCEDURES AND PROMULGATION OF REGULATIONS FOR SECURE ELECTRONIC TRANSACTIONS, INCLUDING LICENSING OF THIRD PARTIES; TO MAKE THE COMPUTER CRIME ACT APPLICABLE TO THE UNIFORM ELECTRONIC TRANSACTIONS ACT; AND TO REPEAL CHAPTER 5 OF TITLE 26, THE SOUTH CAROLINA ELECTRONIC COMMERCE ACT.
Ordered for consideration tomorrow.
Senator HUTTO from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4767 (Word version) -- Reps. J.E. Smith, Harrison, Scott and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-175 SO AS TO REQUIRE THAT THE BOARD OF VOTER REGISTRATION IN EACH COUNTY PROVIDE VOTER REGISTRATION APPLICATION FORMS IN EACH HIGH SCHOOL IN THE COUNTY FOR USE BY STUDENTS WHO ATTAIN THE AGE OF EIGHTEEN.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4800 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-5-2942, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMMOBILIZATION OF A MOTOR VEHICLE AFTER A PERSON IS CONVICTED OF CERTAIN ALCOHOL RELATED OFFENSES, SO AS TO PROVIDE THAT A VEHICLE MUST BE IMMOBILIZED AFTER THE DEPARTMENT OF MOTOR VEHICLES RECEIVES A CONVICTION OF A PERSON FOR A VIOLATION OF CERTAIN ALCOHOL RELATED OFFENSES INSTEAD OF AFTER THE PERSON IS SENTENCED; TO DELETE THE PROVISION THAT REQUIRES THE COURT TO ASCERTAIN THE REGISTRATION NUMBER OR OTHER INFORMATION TO DETERMINE THE IDENTITY OF A VEHICLE TO BE IMMOBILIZED, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL IDENTIFY ALL VEHICLES WHOSE REGISTRATIONS MUST BE SUSPENDED PURSUANT TO THIS SECTION, TO DELETE THE PROVISION THAT CREATES THE CRIME OF FALSIFYING A REPORT CONCERNING VEHICLES OWNED BY OR REGISTERED TO A PERSON, TO DELETE THE PROVISION THAT REQUIRES THE COURT TO ASSESS A FEE OF FORTY DOLLARS FOR EACH VEHICLE OWNED BY OR REGISTERED TO A PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF CERTAIN ALCOHOL RELATED OFFENSES, AND TO PROVIDE THAT A FEE OF FIFTY DOLLARS MUST BE PAID TO THE DEPARTMENT OF MOTOR VEHICLES FOR EACH VEHICLE THAT WAS SUSPENDED PURSUANT TO THIS SECTION BEFORE A SUSPENDED REGISTRATION AND LICENSE PLATE MAY BE REINSTATED.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4846 (Word version) -- Reps. Talley and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-230 SO AS TO PROVIDE THAT AN AGENCY REQUIRED BY LAW TO REPORT TO THE GENERAL ASSEMBLY SHALL PREPARE ITS REPORT AND NOTIFY THE MEMBERS OF THE GENERAL ASSEMBLY BY MAIL OR EMAIL THAT THE REPORT IS AVAILABLE UPON REQUEST.
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable report on:
H. 4871 (Word version) -- Reps. Witherspoon, Viers, Barfield, Clemmons and Keegan: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REVISE A CERTAIN VOTING PRECINCT IN HORRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Ordered for consideration tomorrow.
Senator MESCHER from the General Committee submitted a favorable report on:
H. 5138 (Word version) -- Reps. Lloyd, Breeland, G. Brown, R. Brown, Davenport, J. Hines, Hosey, Littlejohn, Mack, J.H. Neal and Vaughn: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO REQUIRE THE PUBLICATION, IN A MANNER MOST LIKELY TO REACH THE INTERESTED GENERAL PUBLIC, OF A SOLICITATION FOR BIDS FOR A FEDERAL CONTRACT TO BE AWARDED IN CONNECTION WITH A FEDERAL PROJECT IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Senator HUTTO from the Committee on Judiciary submitted a favorable report on:
H. 5139 (Word version) -- Reps. Lloyd, Bowers and R. Brown: A BILL TO AMEND SECTION 7-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN COLLETON COUNTY, SO AS TO PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE COLLETON COUNTY BOARD OF ELECTION AND VOTER REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE COLLETON COUNTY LEGISLATIVE DELEGATION.
Senator PINCKNEY asked unanimous consent to make a motion that the Bill be given second reading today and a third reading tomorrow.
Senator GROOMS objected.
Ordered for consideration tomorrow.
Senator MESCHER from the General Committee submitted a favorable report on:
H. 5172 (Word version) -- Reps. J.E. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND CELEBRATE THE THIRTY-FOURTH EARTH DAY ON APRIL 22, 2004, TO REFLECT ON THE RICH HISTORY OF THE ENVIRONMENTAL MOVEMENT IN SOUTH CAROLINA OVER THE LAST THIRTY YEARS, AND TO PRAISE THE SOUTH CAROLINA HERITAGE TRUST PROGRAM AND ITS STAFF FOR ITS EFFORTS IN PROTECTING AND PRESERVING THE ENVIRONMENT FOR FUTURE GENERATIONS OF SOUTH CAROLINIANS.
Ordered for consideration tomorrow.
Columbia, S.C., May 12, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
H. 4591 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 50-11-565, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CROSSBOWS WHILE HUNTING BY DISABLED PERSONS, SO AS TO PERMIT THE STATEMENT OF DISABILITY TO BE CERTIFIED BY A RHEUMATOLOGIST AS WELL AS A NEUROLOGIST OR ORTHOPEDIST.
The House returned the Bill with amendments.
On motion of Senator GREGORY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
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.
Returned with concurrence.
Received as information.
At 12:29 P.M. on motion of Senator McCONNELL the Senate receded from business until 2:00 P.M.
The Senate reassembled at 2:14 P.M. and was called to order by the PRESIDENT.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
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.
Senator HAYES explained the Bill.
H. 4901 (Word version) -- Reps. Ceips, Rivers, Gilham, Herbkersman and Lloyd: A BILL TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-3-700, SO AS TO PROVIDE THAT THE STATE PORTS AUTHORITY IS NOT REQUIRED TO OPERATE A MARINE TERMINAL AT PORT ROYAL, AND TO PROVIDE FOR THE CESSATION OF TERMINAL OPERATIONS, THE SALE OF PROPERTY AT FAIR MARKET VALUE, AND FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF THE PROPERTY.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator RICHARDSON spoke on the Bill.
Senator ELLIOTT proposed the following Amendment No. 1 (JUD4901.001), which was ruled out of order:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Chapter 3, Title 54, of the 1976 Code is amended by adding:
"Section 54-3-700. (A) Upon the effective date of this section:
(1) the State Ports Authority has no statutory responsibility to operate a marine terminal at Port Royal; and
(2) marine operations at Port Royal shall cease as soon as practicable.
(B) The State Ports Authority is hereby directed to sell all its real and personal property at Port Royal upon the effective date of this section, but in a manner that is financially responsible and advantageous to the State Ports Authority.
(C) The State Ports Authority shall, in its discretion, determine the manner of the sale, but in no event shall terms of the sale extend beyond December 31, 2006, except for parcels which may be under long-term contract, in which case the South Carolina Ports Authority is directed to terminate such leases as soon as possible through 'lease purchases,' 'buy outs,' or any other lawful means.
(D) Any real or personal property at Port Royal which is to be sold must be first appraised and then sold at fair market value. The real property appraiser must be a State Certified General Real Estate Appraiser, an MAI, and must be knowledgeable in appraisal and in appraising marine terminal facilities. The appraisal of the real property should include its future development opportunities and those of the surrounding properties. The sale of the real property shall comply with all state procedures, must be approved by the Budget and Control Board, must be on an open-bid basis, and no bid may be accepted which is less than the property's fair market value as shown by the appraisal. All proceeds from the sale of real and personal property at Port Royal must be retained by the State Ports Authority; provided, however, that the Town of Port Royal shall have the right to petition the Budget and Control Board for a portion of the net proceeds from any sale and may be allocated a portion of these net proceeds in an amount not to exceed five percent of the net proceeds upon showing the allocation is necessary to pay for infrastructure needs directly associated with and necessitated by the closing of the port as Port Royal. These funds must be expended at the direction of the Town Council of Port Royal with the approval of the Budget and Control Board, solely for the infrastructure, and shall have priority over all other expenditures except usual and necessary closing costs attributable to any sales contracts."
SECTION 2. Section 1-3-240 of the 1976 Code, as last amended by Act 175 of 2004, is further amended to read:
"Section 1-3-240. (A) Any officer of the county or State, except; may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity; however, before removing the officer, the Governor must inform him in writing of the specific charges brought against the officer and give the officer an opportunity after reasonable notice to be heard. This subsection does not apply to:
(1) an officer whose removal is provided for in Section 3 of Article XV of the state Constitution; or
(2) an officer guilty of the offense named in Section 8 of Article VI of the Constitution; or
(3) pursuant to subsection (B) of this section, an officer of the State appointed by a Governor, as provided in subsection (B), either with or without the advice and consent of the Senate; who is guilty of malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity shall be subject to removal by the Governor upon any of the foregoing causes being made to appear to the satisfaction of the Governor. But before removing any such officer, the Governor shall inform him in writing of the specific charges brought against him and give him an opportunity on reasonable notice to be heard.
(B) Any A person appointed to a state office by a Governor, either with or without the advice and consent of the Senate, other than those officers enumerated in subsection (C), may be removed from office by the Governor at his discretion by an Executive Order removing the officer.
(C)(1) Persons appointed to the following offices of the State may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:
(1)(a) Workers' Compensation Commission;
(2)(b) Commission of the Department of Revenue;
(3)(c) Ethics Commission;
(4)(d) Election Commission;
(5)(e) Professional and Occupational Licensing Boards;
(6)(f) Juvenile Parole Board;
(7)(g) Probation, Parole and Pardon Board;
(8)(h) Director of the Department of Public Safety;
(9)(i) Board of the Department of Health and Environmental Control, excepting the Chairman chairman;
(10)(j) Chief of State Law Enforcement Division;
(11)(k) South Carolina Lottery Commission; and
(12)(l) Executive Director of the Office of Regulatory Staff;
(m) South Carolina Public Service Authority; and
(n) South Carolina State Ports Authority.
(2) Upon the expiration of an officeholder's term, the individual may continue to serve until a successor has been is appointed and qualifies."
SECTION 3. Section 58-3-530 of the 1976 Code, as added by 175 of 2004, is amended to read:
"Section 58-3-530. The review committee has the following powers and duties:
(1) to nominate:
(a) no more than three candidates for each seat on the Public Service Commission to be elected by the General Assembly. In order to be nominated, a candidate must be found qualified by meeting the requirements as provided in Sections 58-3-20 and 58-3-560;
(b) no more than one qualified candidate for the Governor to consider in appointing the Executive Director of the Office of Regulatory Staff. In order to be nominated, a candidate must be found qualified by meeting the minimum requirements as provided in Section 58-4-30. The review committee must give due consideration to a candidate's experience and expertise in matters related to public utilities. A person must not be appointed to serve as Executive Director of the Office of Regulatory Staff unless nominated by the review committee. If the Governor rejects a person nominated for the position of executive director by the review committee, the review committee must nominate another candidate for the Governor to consider, until the Governor makes an appointment;
(2) notwithstanding any other provision of law, to set the salary of the Executive Director of the Office of Regulatory Staff;
(3) to conduct an annual performance review of each member of the commission, which must be submitted to the General Assembly. A draft of the member's performance review must be submitted to the member, and the member must be allowed an opportunity to be heard before the review committee before the final draft of the performance review is submitted to the General Assembly. The final performance review must be made a part of the member's record for consideration if the member seeks reelection to the commission;
(4) to evaluate the actions of the commission, to the end that the members of the General Assembly may better judge whether these actions serve the best interests of the citizens of South Carolina, both individual and corporate;
(5) to develop and distribute to each party and its representatives appearing before the commission an anonymous and confidential survey evaluating the commissioners. At a minimum, the survey must include the following:
(a) knowledge and application of substantive utility issues; ability to perceive relevant issues;
(b) absence of influence by political considerations;
(c) absence of influence by identities of lawyers;
(d) absence of influence by identities of litigants;
(e) courtesy to all persons appearing before the commission; and
(f) temperament and demeanor in general, preparation for hearings, and attentiveness during hearings;
(6) to submit to the General Assembly, on an annual basis, the review committee's evaluation of the performance of the commission. A proposed draft of the evaluation must be submitted to the commission prior to submission to the General Assembly, and the commission must be given an opportunity to be heard before the review committee prior to the completion of the evaluation and its submission to the General Assembly;
(7) to conduct an annual performance review of the Executive Director of the Office of Regulatory Staff, which must be submitted to the General Assembly. A draft of the executive director's performance review must be submitted to the executive director, and the executive director must be allowed an opportunity to be heard before the review committee before the final draft of the performance review is submitted to the General Assembly;
(8) to submit to the General Assembly, on an annual basis, the review committee's evaluation of the performance of the Office of Regulatory Staff. A proposed draft of the evaluation must be submitted to the Office of Regulatory Staff prior to submission to the General Assembly, and the Office of Regulatory Staff must be given an opportunity to be heard before the review committee prior to the completion of the evaluation and its submission to the General Assembly;
(9) to assist in developing an annual workshop of at least six contact hours concerning ethics and the Administrative Procedures Act for the commissioners and employees of the Public Service Commission and the executive director and employees of the Office of Regulatory Staff;
(10) to make reports and recommendations to the General Assembly on matters relating to the powers and duties set forth in this section;
(11) to submit a letter with the annual budget proposals of the Office of Regulatory Staff and the Public Service Commission, indicating the review committee has reviewed and approved the proposals;
(12) to appoint a committee from the general public at large to advise the review committee on any of its powers and duties. Members must not be members of the General Assembly, members or employees of the Public Service Commission, or the executive director or employees of the Office of Regulatory Staff; and
(13) to undertake such additional studies or evaluations as the review committee considers necessary; and
(14) to review candidates for appointment to the South Carolina Public Service Authority Board of Directors as submitted by the Governor to determine whether the candidates meet the qualifications set forth in Section 58-31-20."
SECTION 4. Section 58-31-20 of the 1976 Code is amended to read:
"Section 58-31-20. (A) Such The Public Service Authority shall consist consists of a board of eleven directors to be appointed by the Governor with the advice and consent of the Senate as follows: One one from each congressional district of the State; one from each of the counties of Horry, Berkeley, and Georgetown who reside in authority territory and are customers of the authority; and two shall be from the State at large, one of whom shall be chairman and the other of whom shall have had experience with the operations of rural electric cooperatives. Each director shall serve for a term of seven years and until his successor is appointed and qualifies, except that the present directors, including the chairman, shall serve until their terms of office expire and the directors first appointed from Horry, Berkeley and Georgetown Counties shall be appointed for terms of five, six and seven years respectively as determined by lot, such terms to commence May 19, 1974 except as provided in this section. At the expiration of the term of each director and of each succeeding director, the Governor shall must appoint with the advice and consent of the Senate a successor, who shall hold office for a term of seven years, or until his successor has been appointed and qualified. In the event of a vacancy occurring in the office of a director by death, resignation, or otherwise, the Governor shall must appoint his the director's successor, only with the advice and consent of the Senate, and he the successor-director shall hold office for the unexpired term. No director shall receive a salary for services as director until the Authority authority is in funds, but each director shall must be paid his actual expense in the performance of his duties hereunder, the same actual expense to be advanced from the contingent fund of the Governor until such time as the Public Service Authority is in funds, at which time the contingent fund shall be reimbursed. After the Public Service Authority is in funds, the compensation and expenses of each member of the board shall be paid from such funds, and the same shall compensation and expenses must be fixed by the advisory board hereinafter established. Members of the board of directors may be removed for cause by the advisory board or a majority thereof. No member of the General Assembly of the State of South Carolina shall be is eligible for appointment as a director of the Public Service Authority during the term of his office. Not No more than two members from the same county shall serve as directors at any time.
(B) Candidates for appointment to the board must be screened by the State Regulation of Public Utilities Review Committee and, prior to confirmation by the Senate, must be found qualified by meeting the minimum requirements as contained in subsection (C). The review committee must submit a written report to the Clerk of the Senate setting forth its findings as to the qualifications of each candidate. A candidate must not serve on the board even in an interim capacity until he is screened and found qualified by the State Regulation of Public Utilities Review Committee.
(C) Each member must have:
(1) a baccalaureate or more advanced degree from:
(a) a recognized institution of higher learning requiring face-to-face contact between its students and instructors prior to completion of the academic program;
(b) an institution of higher learning that has been accredited by a regional or national accrediting body; or
(c) an institution of higher learning chartered before 1962; and
(2) a background of substantial duration and an expertise in at least one of the following areas:
(a) energy issues;
(b) water issues;
(c) finance, economics, and statistics;
(d) accounting;
(e) engineering;
(f) economic development; or
(g) law.
(D) The review committee may find a candidate qualified although the candidate does not have a background of substantial duration and expertise in one of the seven enumerated areas contained in subsection (C)(2) of this section if three-fourths of the review committee vote to qualify such candidate and provide written justification of their decision in the report as to the qualifications of the candidates.
(E) For the assistance of the board of directors of said the Public Service Authority, there is hereby established an advisory board to be known as the advisory board Advisory Board of the South Carolina Public Service Authority, to be composed of the Governor of the State, the Attorney General, the State Treasurer, the Comptroller General, and the Secretary of State, as ex officio members, who shall must serve without extra compensation other than necessary traveling expenses. Said This advisory board shall must perform any duties imposed on them under this chapter, and shall must consult and advise with the board of directors on any and all matters which by the board of directors may be referred to the advisory board. The board of directors shall must make annual reports to the advisory board, which reports shall must be submitted to the General Assembly by the Governor, in which full information as to all of the acts of said the board of directors shall must be given, together with financial statement and full information as to the work of the Authority authority. The On July first of each year, the advisory board shall on July first of each year, must designate some reputable a certified public accountant or accountants, resident in who are residents of the State, for the purpose of making a complete audit of the affairs of said Authority the authority, which said audit shall must be filed with the annual report of the board of directors."
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator ELLIOTT explained the amendment.
Senator RICHARDSON argued contra to the adoption of the amendment.
Senator RICHARDSON raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24.
The PRESIDENT sustained the Point of Order.
Amendment No. 1 was ruled out of order.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 3891 (Word version) -- Reps. Quinn, Herbkersman, Altman, Anthony, Bailey, Bingham, G. Brown, J. Brown, Cato, Clemmons, Cobb-Hunter, Duncan, Edge, Gilham, Harrison, Harvin, Haskins, Hayes, J. Hines, Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M.A. Pitts, Scarborough, F.N. Smith, J.E. Smith, Talley, Toole, Umphlett, Viers, Young and Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE ACUPUNCTURE ACT OF SOUTH CAROLINA TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, OR AN AURICULAR DETOXIFICATION THERAPIST WITHOUT BEING LICENSED AND TO PROVIDE PENALTIES; TO FURTHER PROVIDE FOR THE REGULATION OF THESE PROFESSIONALS; AND TO REPEAL SECTION 12-21-2870 RELATING TO UNSTAMPED OR UNTAXED GOODS BEING CONTRABAND AND SUBJECT TO CONFISCATION; TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING TO AUTHORIZATION FOR THE PRACTICE OF ACUPUNCTURE, AND SECTION 44-9-30 RELATING TO THE CREATION OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.
Senator HUTTO asked unanimous consent to give the Bill a second reading with notice of general amendments, carrying over all amendments to third reading.
Senator KUHN objected.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Medical Affairs Committee proposed the following amendment (BBM\10229SJ04), which was adopted:
Amend the bill as and if amended, by deleting Section 40-47-760, pages 8-9 and inserting:
/ Section 40-47-760. This article does not apply to:
(1) the practice of acupuncture if it is an integral part of the program of study by students enrolled in an acupuncture education program under the direct clinical supervision of a licensed acupuncturist with at least five years of clinical experience and the program is accredited or is a candidate for accreditation or is actively seeking accreditation from ACAOM;
(2) a person employed as an acupuncturist or an auricular detoxification specialist by the United States Government if these services are provided solely under the direction or control of the United States Government. /
Amend the bill further, page 6, by striking lines 7-8 and inserting:
/ (5) successful completion of a national certified program approved by the Acupuncture Advisory Committee and the State Board of Medical Examiners; /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
Senator HUTTO proposed the following amendment (BBM\ 10224SJ04), which was adopted:
Amend the bill, as and if amended, Section 40-47-765, as contained in SECTION 1, by adding item (12) to read:
/ (12) has failed to refer to a licensed medical doctor or dentist, as appropriate, a patient whose medical condition should have been determined to be beyond their scope of practice. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator RITCHIE proposed the following amendment (3891R002.JHR), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 39-40 and inserting:
/ (6) `NCAAOM' means the National Certification Commission for Acupuncture and Oriental Medicine. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
On motion of Senator HUTTO, with unanimous consent, the Bill was carried over, as amended.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 4475 (Word version) -- Reps. Harrell, W.D. Smith, Wilkins, Altman, Bingham, Ceips, Chellis, Clark, Cotty, Davenport, Edge, Frye, Gilham, Hagood, Hamilton, Harrison, Haskins, Hinson, Huggins, Koon, Leach, Limehouse, Littlejohn, Mahaffey, Martin, Merrill, E.H. Pitts, Quinn, Rice, Richardson, Simrill, D.C. Smith, G.M. Smith, G.R. Smith, J.R. Smith, Stewart, Stille, Taylor, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, White, Witherspoon, Young, Sandifer, Kirsh, Owens, Whitmire, Cato, Coates, Ott, Sinclair, Keegan, McGee, Perry, J.M. Neal, Emory, Pinson, Barfield, R. Brown, Weeks, Branham, Bailey, Battle, Neilson, Clemmons, Viers and Harvin: A BILL TO ENACT THE FISCAL DISCIPLINE PLAN OF 2004 BY DESIGNATING SECTION 6 OF ACT 356 OF 2002, RELATING TO ACTIONS NECESSARY FOR THE STATE BUDGET AND CONTROL BOARD TO COVER AN OPERATING DEFICIT, AS SECTION 11-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND AMENDING IT TO REQUIRE AN OPERATING DEFICIT TO BE PLACED FIRST ON THE AGENDA OF THE STATE BUDGET AND CONTROL BOARD AT THE FIRST BOARD MEETING FOLLOWING THE COMPTROLLER GENERAL'S REPORT OF THE DEFICIT TO THE BOARD, BY PROVIDING FOR THE REPAYMENT OF THE ACCUMULATED STATE OPERATING DEFICIT AND LIMITING GENERAL FUND APPROPRIATIONS GROWTH TO THREE PERCENT IN FISCAL YEARS 2003-2004 THROUGH 2008-2009 AND PROVIDING FOR THE USE OF SURPLUS REVENUES, AND TO PROVIDE THAT DURING THE SAME PERIOD ANNUALLY REQUIRED TRANSFERS TO THE GENERAL RESERVE FUND MUST BE CONSIDERED RECURRING GENERAL FUND APPROPRIATIONS.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators SETZLER and KNOTTS proposed the following Amendment No. P-1 (NGS-4475), which was tabled:
Amend the committee report, as and if amended, [4475-3], SECTION 4 by deleting paragraph (A) and inserting the following:
/ SECTION 4. (A) In addition to all other applicable limitations on general fund appropriations and notwithstanding any other provisions of law, for fiscal years 2004-2005 through 2008-2009, except as provided in subsection (C), total general fund appropriations for the fiscal year may not exceed appropriations for the preceding fiscal year by more than three percent. This restriction, however, does not apply if the Education Finance Act is not fully funded in accordance with the base student cost amount projected by the Board of Economic Advisors. The Office of State Budget shall certify to the Governor and the chairmen respectively of the House Ways and Means Committee and Senate Finance Committee the total general fund appropriations allowed for a fiscal year pursuant to this section. In calculating the limitation, there must be removed from general fund appropriations for the preceding year any amounts determined by the Office of State Budget to be nonrecurring. Before the Governor may submit the proposed budget for these fiscal years, the proposal must include the certificate of the Director of the Office of State Budget that the proposed budget conforms to the limitation imposed by this section. The annual general appropriations bill may not be given third reading in the House of Representatives and Senate unless a similar certificate is received by the presiding officer in each house from the Director of the Office of State Budget before the bill is given third reading. The Director of the Office of State Budget must certify to the presiding officer of each house whether or not the appropriations bill conforms to the limitation imposed by this section within two hours of the adoption of the final amendment to the appropriations bill in each respective house. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator RYBERG moved to lay the amendment on the table.
The amendment was laid on the table.
The Committee on Finance proposed the following amendment (4475R001.HKL), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the Fiscal Discipline Plan of 2004.
SECTION 2. Section 6 of Act 356 of 2002 is designated as Section 11-11-180 of the 1976 Code and is amended to read:
"SECTION 6. Section 11-11-180. (A) By August 31 of each year, the Comptroller General shall report to the State Budget and Control Board the amounts of general fund revenues and expenditures recorded for the preceding fiscal year and any resulting surplus or deficit of the general fund from a budgetary-based perspective. If the Comptroller General determines that annual expenditures exceeded revenues, an operating deficit must be declared in the report and the State Budget and Control Board must meet to address the deficit within sixty days of receiving the report or earlier at any previously scheduled meeting. The operating deficit must be the first item on the agenda of the first State Budget and Control Board meeting held after the Comptroller General reports a deficit pursuant to this section.
(B) Notwithstanding any other provision of law, upon a determination by the Comptroller General that, at the close of a fiscal year, funds will be if the Comptroller General reports an operating deficit for the preceding fiscal year and it is determined funds are needed to balance the Budgetary General Fund after the use of the General Reserve Fund as provided in Section 11-11-310(B) of the 1976 Code, the State Budget and Control Board is authorized to borrow the amount needed to balance the Budgetary General Fund by borrowing from any department of state government any surplus to the credit of the state department which may be on hand in the office Office of the State Treasurer to the credit of any such department. Upon approval by the board of a repayment schedule, the State Treasurer is authorized to transfer to the board from the general fund the amount necessary to repay the loan with interest no later than the following June 30th of the following fiscal year. This provision takes effect upon signature of the Governor."
SECTION 3. (A) At the close of the state's 2003-2004 fiscal year, the State Treasurer is directed to transfer fifty million dollars from the general fund to partially offset the fiscal year 2001-2002 accumulated general fund operating deficit.
(B) To the extent balances in the Capital Reserve Fund for fiscal years 2004-2005 and 2005-2006 are available for appropriation by the General Assembly, as provided in Article III, Section 36(B)(2) of the Constitution of this State and Section 11-11-320, it is the intent of the General Assembly to offset any remaining fiscal year 2001-2002 accumulated operating deficit in an amount not to exceed fifty million dollars in fiscal year 2004-2005 and fifty-five million dollars in fiscal year 2005-2006, if so much is necessary, as the first order of priority in the appropriation of the Capital Reserve Fund for the respective fiscal years.
SECTION 4. (A) In addition to all other applicable limitations on general fund appropriations and notwithstanding any other provisions of law, for fiscal years 2004-2005 through 2008-2009, except as provided in subsection (C), total general fund appropriations for the fiscal year may not exceed appropriations for the preceding fiscal year by more than three percent. The Office of State Budget shall certify to the Governor and the chairmen respectively of the House Ways and Means Committee and Senate Finance Committee the total general fund appropriations allowed for a fiscal year pursuant to this section. In calculating the limitation, there must be removed from general fund appropriations for the preceding year any amounts determined by the Office of State Budget to be nonrecurring. Before the Governor may submit the proposed budget for these fiscal years, the proposal must include the certificate of the Director of the Office of State Budget that the proposed budget conforms to the limitation imposed by this section. The annual general appropriations bill may not be given third reading in the House of Representatives and Senate unless a similar certificate is received by the presiding officer in each house from the Director of the Office of State Budget before the bill is given third reading. The Director of the Office of State Budget must certify to the presiding officer of each house whether or not the appropriations bill conforms to the limitation imposed by this section within two hours of the adoption of the final amendment to the appropriations bill in each respective house.
(B) Notwithstanding any other provisions of law providing for the uses of surplus general fund revenues, for any fiscal year 2003-2004 through 2008-2009 for which the Comptroller General reports a surplus pursuant to Section 11-11-180(A), to the extent any fiscal year 2001-2002 accumulated general fund operating deficit remains:
(1) the State Treasurer must transfer to the appropriate depository accounts the amount of any surplus necessary to address any remaining fiscal year 2001-2002 accumulated general fund operating deficit; and
(2) should any surplus remain after item (1) is accomplished, the remaining surplus must be applied to restore any amounts previously withdrawn from the General Reserve Fund and not previously restored.
(C) When the fiscal year 2001-2002 accumulated general fund operating deficit is repaid and all amounts previously withdrawn from the General Reserve Fund are restored, the provisions of this section no longer apply.
SECTION 5. For fiscal year 2004-2005 and through the last fiscal year to which Section 4 of this act applies, amounts required to be transferred to the General Reserve Fund established pursuant to Article III, Section 34(A) of the Constitution of this State and Section 11-11-310 of the 1976 Code, including amounts necessary to restore previously withdrawn amounts, are deemed to be recurring general fund appropriations except that these transfers must be subtracted from total general fund revenues before applying a percentage in calculating any spending formulas based on a percentage of general fund revenues.
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
The committee amendment was adopted.
Senator LEVENTIS spoke on the Bill.
Senator LEATHERMAN proposed the following Amendment No. 1 (4475R004.HKL):
Amend the bill, as and if amended, by adding new appropriately numbered SECTIONS as follows:
/ SECTION ___. Section 11-27-110 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( __ ). Notwithstanding any other provisions of this section, any contract, arrangement or agreement with any person pursuant to which a school district makes payments for the purpose of financing any asset as defined in Section 11-27-110(A)(1) shall not be considered a financing agreement as defined in Section 11-27-110(A)(6), provided, that any such contract, arrangement or agreement entered into after the effective date of this chapter shall be subject to the limitations imposed in subsections (1) and (2) of this paragraph.
(1) School district payments are payable on dates as provided in the applicable financing agreement. School district payments made within a given fiscal year may be derived from the proceeds of general obligation bonds of a school district or any other source, but in no event may any such source include ad valorem taxes levied for operational purposes of a school district within that fiscal year.
(2) A school district may not enter into a financing agreement unless the school district or the county auditor in which the school district is located certifies that the amount of each respective annual principal and interest payment due under the financing agreement does not exceed seven percent of the assessed value of all taxable property in the school district on the date into which the financing agreement is entered.
SECTION ___. Section 11-27-110(A)(6) of the 1976 Code is amended to read:
"(6) 'financing agreement' means any contract entered into after December 31, 1995, under the terms of which a government entity acquires the use of an asset which provides:
(a) for payments to be made in more than one fiscal year, whether by the stated term of the contract or under any renewal provisions, optional or otherwise; and
(b) that the payments thereunder are divided into principal and title, or any legal or beneficial interest components or which contain any reference to in any portion of any asset or portion thereof will at any time be transferred to the governmental entity upon payment under the agreement being treated as interest; and
(c) that title to the asset will be in the name of or be transferred to the governmental entity if all payments as scheduled or as otherwise provided for in the financing agreement are made or in any other agreement between the governmental entity and any other party, but the term excludes any refinancing agreement and contracts entered into in connection with issues of general obligation bonds or revenue bonds issued pursuant to authorization provided in Article X of the Constitution: " /
Renumber sections to conform.
Amend title to conform.
Senator LEATHERMAN explained the amendment.
Senator BRANTON argued contra to the adoption of the amendment.
At 3:26 P.M., Senator PEELER assumed the Chair.
Senator BRANTON argued contra to the adoption of the amendment.
At 3:51 P.M., the PRESIDENT assumed the Chair.
Senator BRANTON argued contra to the adoption of the amendment.
With Senator BRANTON retaining the floor, Senator KNOTTS asked unanimous consent to make a motion that the Senate stand adjourned.
Senator LEATHERMAN objected.
Senator BRANTON argued contra to the adoption of the amendment.
At 5:35 P.M., Senator RYBERG 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 LEATHERMAN asked unanimous consent to make a motion that the Senate stand adjourned, with Senator BRANTON retaining the floor.
There was no objection.
On motion of Senator LEATHERMAN, with unanimous consent, debate was interrupted by adjournment, with Senator BRANTON retaining the floor.
Having received a favorable report from the Kershaw County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Kershaw County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
Roderick M. Todd, Jr., 407 Chesnut Street, Camden, S.C. 29020 VICE Arthur Leon Sowell (deceased)
On motion of Senator RYBERG, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Michael Townes of Aiken, S.C.
At 5:37 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.
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