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, St. Paul's words to Timothy (II Tim.2:7) gives us an uplift for budget-times:

"Think over what I say, for the Lord will give you understanding in all things."
Let us pray.

Father, You are our benevolent Lord and master of us all. Your glory is seen in every growing thing. Your goodness lives in every humble life concerned about the needs of our fellow human beings.

Equip us, Father, with wise statesmanship, parliamentary skills, attitudes of character and social insights that will make us equal to our tasks today.
Amen.

At 12:05 P.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.

At 12:07 P.M., on motion of Senator LEVENTIS, with unanimous consent, the Senate receded pending the presence of a quorum.

At 12:11 P.M., a quorum being present, the Senate resumed.

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

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

Document No. 2899
Agency: South Carolina State Library
SUBJECT: Certification Program for Public Librarians

Senator HAWKINS introduced Dr. David Mitchell of Spartanburg, S.C., Doctor of the Day.

On motion of Senator RAVENEL at 12:05 P.M. Senator WALDREP was granted a leave of absence until midnight tonight.

At 5:40 P.M., Senator KNOTTS requested a leave of absence until 6:30 P.M.

On motion of Senator GREGORY at 6:45 P.M. Senator COURSON was granted a leave of absence until 9:00 P.M.

The following were introduced:

S. 1223 (Word version) -- Senator Short: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF LIEUTENANT JIMMY LEE JETER, JR. OF CHESTER, A BRAVE AND COURAGEOUS FIREFIGHTER, ON FRIDAY APRIL 16, 2004, AND CONVEY THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

S. 1224 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE GENERAL ASSEMBLY UPON THE DEATH OF HENRY RUFUS CAUGHMAN, JR. OF ORANGEBURG COUNTY, TUESDAY, DECEMBER 23, 2003, AND TO CONVEY THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1225 (Word version) -- Senator O'Dell: A SENATE RESOLUTION TO CONGRATULATE MR. STAN MARSHALL ON RECEIVING THE ORDER OF THE PALMETTO, AND TO THANK HIM FOR HIS CONTINUED SERVICE TO BOTH HIS COUNTRY AND THE STATE.
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The Senate Resolution was adopted.

H. 3881 (Word version) -- Reps. G. M. Smith, Allen, Coleman, Delleney, Lucas, Rivers, Sheheen, F. N. Smith, J. E. Smith, Talley and Weeks: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO INCLUDE MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, MEMBERS OF THE SOUTH CAROLINA STATE GUARD, PERSONS ACTING ON BEHALF OR IN SERVICE OF A GOVERNMENTAL UNIT WITHOUT PAY OR COMPENSATION, COURT-APPOINTED ATTORNEYS, AND PUBLIC DEFENDERS IN THE DEFINITION OF "EMPLOYEE".

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

H. 4565 (Word version) -- Reps. Herbkersman, Bailey and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5, CHAPTER 23, TITLE 59 SO AS TO ENACT THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2004; TO DEFINE CERTAIN TERMS; TO PROVIDE FOR THE PREREQUISITES FOR THE OPERATION OF A QUALIFYING PROJECT; TO PROVIDE THE INFORMATION THAT MUST ACCOMPANY A REQUEST FOR APPROVAL OF A QUALIFYING PROJECT BY THE RESPONSIBLE PUBLIC ENTITY; TO PROVIDE FOR THE APPROVAL PROCESS AND WHEN A RESPONSIBLE PUBLIC ENTITY MAY GRANT APPROVAL OF THE ACQUISITION; TO PROVIDE THAT A PUBLIC ENTITY MAY ENTER INTO SERVICE CONTRACTS; TO PROVIDE THAT A PRIVATE ENTITY REQUESTING APPROVAL FROM A RESPONSIBLE PUBLIC ENTITY SHALL NOTIFY EACH AFFECTED LOCAL JURISDICTION, WHICH MAY SUBMIT COMMENTS FOR THE RESPONSIBLE PUBLIC ENTITY'S CONSIDERATION; TO

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

H. 5186 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR A ONE AND ONE-HALF MILL INCREASE IN THE LEVY OF TAXES FOR DEBT SERVICE AND A ONE AND ONE-HALF MILL INCREASE IN THE LEVY OF TAXES FOR THE GENERAL FUND IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2004, AND ENDING JUNE 30, 2005.

Read the first time and ordered placed on the Local and Uncontested Calendar.

On motion of Senator ELLIOTT, with unanimous consent, H. 5186 was ordered to receive a second and third reading on the next two consecutive legislative days.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

S. 793 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 12-43-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF A COUNTY TO REDUCE THE ASSESSMENT RATIO OTHERWISE APPLICABLE TO GENERAL AVIATION AIRCRAFT SUBJECT TO PROPERTY TAX IN A COUNTY TO A RATIO NOT LESS THAN FOUR PERCENT OF FAIR MARKET VALUE, SO AS TO EXTEND SIMILAR PROVISIONS TO BOATS SUBJECT TO PROPERTY TAX IN A COUNTY.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable with amendment report on:

H. 3689 (Word version) -- Reps. Miller, Bales, Rutherford, J. Hines, Anthony, Battle, Branham, Clyburn, Gourdine, M. Hines, Hosey, Jennings, Lloyd, Mack, McCraw, Moody-Lawrence, J.H. Neal, Neilson, Phillips, Snow, Bowers, Koon, Frye, Altman, Coates, Coleman, Herbkersman, Haskins, Harrison, Hagood, Freeman, Edge, Cobb-Hunter, Clark, G. Brown, Sinclair, Sheheen, Scarborough, Pinson, Perry, Owens, Richardson, Martin, Lucas, Witherspoon, Whipper, Townsend, W.D. Smith, Lourie, Kirsh, Cato, Ceips, McGee, Rice, Delleney, Harrell, Vaughn, Trotter, Tripp, J.R. Smith, J.E. Smith, Scott, Sandifer, Limehouse, Littlejohn, Bailey, Harvin, Toole, Thompson, G.R. Smith, F.N. Smith, Rhoad, E.H. Pitts, Kennedy, Leach, Clemmons and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO LIMIT TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY AND SECOND HOMES ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN THE COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES; AND TO AMEND SECTION 12-37-223A., RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET OF REAL PROPERTY AS A RESULT OF QUADRENNIAL REASSESSMENT IN A COUNTY, SO AS TO CONFORM THIS OPTIONAL EXEMPTION TO THE PROVISIONS OF SECTION 12-37-223 OF THE 1976 CODE AS ADDED BY THIS ACT.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a majority favorable with amendment and Senator LEVENTIS a minority unfavorable report on:

H. 3929 (Word version) -- Reps. Wilkins and Harrell: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT WHILE

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

H. 4755 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO HEARING PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2839, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a majority favorable with amendment and Senators LAND and MATTHEWS a minority unfavorable report on:

H. 4765 (Word version) -- Reps. Wilkins, W.D. Smith, Harrell, Cato, Chellis, Harrison, Quinn, Townsend, Witherspoon, Leach, Viers, Koon, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, J. Brown, Ceips, Clark, Clemmons, Clyburn, Coates, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Gilham, Hagood, Hamilton, Harvin, Haskins, Hayes, Herbkersman, Hinson, Huggins, Keegan, Kirsh, Lee, Limehouse, Littlejohn, Loftis, Lucas, Mahaffey, Martin, McCraw, McGee, Merrill, Neilson, Owens, Perry, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Richardson, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.R. Smith, Stewart, Stille, Talley, Taylor, Toole, Tripp, Trotter, Umphlett, Vaughn, Walker, White, Whitmire, Young and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-515 SO AS TO REDUCE THE SEVEN PERCENT TOP MARGINAL RATE OF SOUTH CAROLINA INDIVIDUAL INCOME TAX IN EQUAL ANNUAL INCREMENTS OF .225 PERCENT UNTIL A PERMANENT TOP MARGINAL RATE EQUAL TO 4.75 PERCENT IS ACHIEVED AND TO PROVIDE THAT A SCHEDULED REDUCTION IS POSTPONED IF

Ordered for consideration tomorrow.

Senator HAYES from the Committee on Finance submitted a favorable with amendment report on:

H. 4924 (Word version) -- Reps. Witherspoon, Harrell, Cobb-Hunter, Battle, Martin, Kirsh, Viers, Rhoad, McGee, Hayes, Lucas, Whipper, Quinn, Jennings, Coleman, Snow, J. Hines, Bailey, Bales, Barfield, Branham, Breeland, G. Brown, R. Brown, Cato, Chellis, Clemmons, Coates, Cooper, Davenport, Delleney, Duncan, Edge, Emory, Frye, Hamilton, Harrison, Haskins, Herbkersman, M. Hines, Keegan, Kennedy, Koon, Leach, Limehouse, Littlejohn, Loftis, Mahaffey, McCraw, Miller, J.M. Neal, Neilson, Ott, Perry, Phillips, Pinson, M.A. Pitts, Rice, Richardson, Rivers, Sandifer, Sinclair, D.C. Smith, G.R. Smith, J.R. Smith, Stille, Townsend, Trotter, Vaughn, Walker, White, Young and Owens: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE SHARE.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

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'

Ordered for consideration tomorrow.

S. 1214 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO COMMEND AND ACKNOWLEDGE THE CONGREGATION OF FIRST BAPTIST CHURCH OF MAULDIN FOR BEING THE BENCHMARK FOR CHRISTIAN SERVICE IN SOUTH CAROLINA AND TO DECLARE AUGUST 22, 2004, AS "FIRST BAPTIST CHURCH OF MAULDIN DAY" IN RECOGNITION OF ITS ONE HUNDREDTH ANNIVERSARY AND ITS WONDERFUL MINISTRY AND MISSION.

Returned with concurrence.

Received as information.

S. 1221 (Word version) -- Senators Leventis, Land, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Leatherman, 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 CONCURRENT RESOLUTION TO CONGRATULATE THE 1954 CLASS OF THE SCHOOL OF LAW AT SOUTH CAROLINA STATE COLLEGE UPON THE CELEBRATION OF ITS FIFTIETH ANNIVERSARY.

Returned with concurrence.

Received as information.

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

The following Bill was read the third time and, 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. 4698 (Word version) -- Reps. Witherspoon, Rhoad, Bailey, Barfield, Battle, Coates, Davenport, Duncan, Edge, Hayes, J. Hines, Keegan, Leach, Limehouse, McCraw and M.A. Pitts: A BILL TO AMEND SECTION 48-23-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICIAL SUMMONS FOR MAKING ARRESTS BY FOREST LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE VIOLATIONS FOR WHICH THIS SUMMONS MAY BE USED; AND TO AMEND SECTION 48-23-96, RELATING TO THE APPOINTMENT AND TRAINING OF FOREST LAW ENFORCEMENT OFFICERS, SO AS TO FURTHER PROVIDE FOR THEIR APPOINTMENT AND LAW ENFORCEMENT RESPONSIBILITIES.

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 1219 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND SECTION 44-7-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE ORANGEBURG-CALHOUN REGIONAL HOSPITAL, SO AS TO DELETE THE PROVISION REQUIRING THE GOVERNOR TO MAKE THE APPOINTMENTS TO THE BOARD AND PROVIDE THAT THE GOVERNING BODIES OF ORANGEBURG AND CALHOUN COUNTIES SHALL MAKE THE APPOINTMENTS ACCORDING TO THE PRO RATA METHOD PRESCRIBED IN THIS SECTION.

By prior motion of Senator MATTHEWS, with unanimous consent

The following Bill and Joint Resolution, having been read the second time with notice of general amendments, were ordered placed on the Third Reading Calendar:

S. 1207 (Word version) -- Senator Hayes: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO REVISE THE 2004 INDEX OF TAXPAYING ABILITY FOR PURPOSES OF ADJUSTING FOR A VALUATION ERROR IN ROCK HILL SCHOOL DISTRICT THREE OF YORK COUNTY.

S. 1133 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTIONS 59-26-30 AND 59-26-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO TEACHER ASSESSMENTS AND TEACHER CERTIFICATION, SO AS TO CHANGE REFERENCES FROM STUDENT TEACHERS TO TEACHER CANDIDATES, TO REMOVE PROVISIONAL CONTRACTS FROM THE TYPES OF CONTRACTS UNDER WHICH TEACHERS MAY BE EMPLOYED, TO PROVIDE THAT CONTINUING CONTRACT TEACHERS MUST BE EVALUATED ON A CONTINUOUS BASIS, TO PROVIDE WHEN A TEACHER MAY RECEIVE DIAGNOSTIC ASSISTANCE, AND TO FURTHER PROVIDE FOR THE REQUIREMENTS OF ANNUAL CONTRACT TEACHERS.

The following Bill and Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:

H. 4753 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO RECIPIENT UTILIZATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4818 (Word version) -- Reps. Cato, J.H. Neal, Moody-Lawrence, Lloyd, R. Brown, Emory, Mack, Cobb-Hunter, Govan, Chellis, Whipper, Trotter, Cooper, White, Barfield, Harrison, Sandifer, Thompson,

Senator THOMAS explained the Bill.

S. 1216 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO RECIPIENT UTILIZATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator PEELER explained the Joint Resolution.

S. 1217 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO HEARING PROCEDURE, DESIGNATED AS REGULATION DOCUMENT

S. 1218 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2854, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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 Joint Resolution 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 adoption of the amendment proposed by the Committee on Banking and Insurance.

The Committee on Banking and Insurance proposed the following amendment (4413SBI), which was adopted:

Amend the bill, as and if amended, page 2, line 15, after the sentence ending /   for purposes of this section. / by inserting:

/   No rate increase based upon an assessment may become effective unless the assessment has been paid.   /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

On motion of Senator THOMAS, the Bill was carried over as amended.

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 second reading of the Bill.

Senator LEATHERMAN, Chairman of the Senate Finance Committee, was recognized to address remarks to the members.

On motion of Senator LEATHERMAN, with unanimous consent, staff members from the Budget and Control Board were authorized as necessary to be in that area behind the rail and, further, that committee staff were admitted to the floor of the Senate Chamber while debate was in progress on H. 4925, the General Appropriation Bill.

Senator HAYES was recognized to give a report on behalf of the Public Education Subcommittee.

Senator GIESE was recognized to give a report on behalf of the Higher Education Subcommittee.

Senator THOMAS was recognized to give a report on behalf of the Corrections and Public Safety Subcommittee.

On motion of Senator LEATHERMAN, with unanimous consent, debate was interrupted by recess.

At 1:51 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 2:30 P.M.

At 2:37 P.M., the Senate resumed.

At 2:37 P.M., Senator J. VERNE SMITH 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                  Cromer
Drummond                  Elliott                   Fair
Ford                      Giese                     Glover
Gregory                   Grooms                    Hawkins
Hayes                     Hutto                     Land
Leatherman                Leventis                  Malloy
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Peeler
Rankin                    Ravenel                   Richardson
Ritchie                   Ryberg                    Setzler
Sheheen                   Short                     Smith, J. Verne
Thomas                    Verdin

A quorum being present, the Senate resumed.

Senators COURSON, KNOTTS, BRANTON and REESE recorded their presence subsequent to the Call of the Senate.

The Senate resumed consideration of the Bill, the question being the second reading of the Bill.

Senator J. VERNE SMITH was recognized to give a report on behalf of the Human Services Subcommittee.

Senator McGILL was recognized to give a report on behalf of the Natural Resources Subcommittee.

Senator LEATHERMAN was recognized to give a report on behalf of the Executive Subcommittee.

Senator LEVENTIS spoke on the Bill.

On motion of Senator LAND, with unanimous consent, Amendment No. 33 was taken up for immediate consideration.

Senator LAND proposed the following Amendment No. 33 (4925B003.JCL.DOC), which was carried over:

Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, line 31, by:

COLUMN 7   COLUMN 8

/   STRIKING:   1,083,956,976   1,063,954,198

and

INSERTING:   1,243,956,976   1,223,954,198/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator RICHARDSON asked unanimous consent to make a motion to take up Amendment No. 34 for immediate consideration.

Senator SETZLER objected.

Senator LAND continued explaining the amendment.

Senator THOMAS asked unanimous consent to make a motion to carry over Amendment No. 33.

Senator SETZLER objected.

Senator LAND explained the amendment.

Senator THOMAS spoke on the amendment.

At 5:17 P.M., Senator HAYES assumed the Chair.

Senator THOMAS continued speaking on the amendment.

With Senator THOMAS retaining the floor, Senator LAND asked unanimous consent to make a motion to perfect Amendment No. 33.

Senator KNOTTS objected.

Senator THOMAS continued speaking on the amendment.

With Senator THOMAS retaining the floor, Senator KNOTTS asked unanimous consent to make a motion to carry over Amendment No. 33 while an amendment is being drawn.

Senator SETZLER objected.

Senator THOMAS continued speaking on the amendment.

With Senator THOMAS retaining the floor, Senator LAND asked unanimous consent to make a motion that the Senate stand in recess for ten minutes.

Senator THOMAS objected.

Senator THOMAS moved to carry over Amendment No. 33.

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

Alexander                 Courson                   Cromer
Fair                      Giese                     Gregory
Grooms                    Hawkins                   Hayes
Knotts                    Kuhn *                    Leatherman
Martin                    McConnell                 Mescher
O'Dell                    Peeler                    Rankin
Ravenel                   Richardson                Ritchie
Ryberg                    Smith, J. Verne           Thomas
Verdin

Anderson                  Branton                   Drummond
Elliott                   Ford                      Glover
Hutto                     Jackson                   Land
Leventis                  Malloy                    Matthews *
McGill                    Moore                     Patterson
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.

Amendment No. 33 was carried over.

While Senator LAND's Amendment No. 33, which sought to increase the base student cost has merit, it fails to determine an adequate source of funding necessary to create a balanced budget. A balanced budget is required by the State of South Carolinas Constitution and is not negotiable. In order to remain in compliance with our state constitution, we must vote to carry over Amendment No. 33.

It was interesting this concept was never brought before the full Senate Finance Committee although there were many opportunities. The PRESIDENTS of the Senate in past years, both Republican and Democrat, have ruled the Senate cannot vote for a general tax increase within the budget. A general tax increase by law must originate in the House of Representatives.

Senators SETZLER and KNOTTS proposed the following Amendment No. 12A (4925B002.NGS.DOC), which was adopted (#1):

Amend amendment number 1, DADLOTSCRIV.DOC, by striking the contents of the amendment and inserting:

Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, line 31, by:

COLUMN 7   COLUMN 8

STRIKING:   1,083,956,976   1,063,954,198

AND

INSERTING   1,099,183,351   1,079,180,573

Amend the bill further, as and if amended, Part IA, Section 5A, COMMISSION ON HIGHER EDUCATION, page 29, line 38, by:

STRIKING   29,646,795   29,646,795

AND

INSERTING   14,420,420   14,420,420

Amend the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 360, line 30, by striking / $92,258,518 / and inserting / $110,484,893. /

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

Senator LEATHERMAN proposed the following Amendment No. 1 (DADLOT SCRIV.DOC), which was adopted (#2):

Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 360, paragraph 1, line 30, by striking /$92,258,519/ and inserting /$95,259,518/

Amend the bill further, as and if amended, page 361, paragraph 1, line 18, by striking: /and/

Amend the bill further, as and if amended, page 361, paragraph 1, line 19, by striking: / . / and inserting / ; /

Amend the bill further, as and if amended, page 361, paragraph 1, after line 19, by inserting:

/(24) Department of Education--EFA Base Student Cost, $15,226,375./

Renumber sections to conform.

Amend sections, totals and title to conform.

The amendment was adopted.

Senator LAND proposed the following Amendment No. 34 (4925B004.JCL.DOC), which was ruled out of order:

Amend the bill, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 85, line 2, by:

COLUMN 7   COLUMN 8

/   STRIKING:   618,034,868   157,407,060

and

INSERTING:   588,694,251   128,066,443/

Amend the bill further, as and if amended, Part IA, Section 8, page 85, line 3, by:

COLUMN 7   COLUMN 8

/   STRIKING:   368,448,679   105,554,683

and

INSERTING:   351,105,350   88,211,354/

Amend the bill further, as and if amended, Part IA, Section 8, page 85, line 5, by:

COLUMN 7   COLUMN 8

/   STRIKING:   591,920,176   122,738,265

and

INSERTING:   543,201,203   74,019,292/

Amend the bill further, as and if amended, Part IA, Section 8, page 85, line 6, by:

COLUMN 7   COLUMN 8

/   STRIKING:   247,412,589   65,569,518

and

INSERTING:   232,313,258   50,470,187/

Amend the bill further, as and if amended, Part IA, Section 8, page 85, line 7, by:

COLUMN 7   COLUMN 8

/   STRIKING:   104,016,093   25,789,668

and

INSERTING:   90,988,024   12,761,599/

Amend the bill further, as and if amended, Part IA, Section 8, page 85, line 9, by:

COLUMN 7   COLUMN 8

/   STRIKING:   98,642,625   27,331,093

and

INSERTING:   93,550,316   22,238,784/

Amend the bill further, as and if amended, Part IA, Section 8, page 85, line 10, by:

COLUMN 7   COLUMN 8

/   STRIKING:   115,442,256   31,344,106

and

INSERTING:   100,927,347   16,829,197/

Amend the bill further, as and if amended, Part IA, Section 8, page 85, line 11, by:

COLUMN 7   COLUMN 8

/   STRIKING:   26,853,929   2,472,376

and

INSERTING:   25,997,726   1,616,173/

Amend the bill further, as and if amended, Part IA, Section 8, page , line 12, by:

COLUMN 7   COLUMN 8

/   STRIKING:   72,893,262   17,457,910

and

INSERTING:   76,453,035   21,017,683/

Amend the bill further, as and if amended, Part IA, Section 8, page 85, line 13, by:

COLUMN 7   COLUMN 8

/   STRIKING:   7,823,739   7,598,321

and

INSERTING:   5,746,464   5,521,046/

Amend the bill further, as and if amended, Part IA, Section 8, page 85, line 14, by:

COLUMN 7   COLUMN 8

/   STRIKING:   4,981,952   1,349,207

and

INSERTING:   4,576,255   943,510/

Amend the bill further, as and if amended, Part IA, Section 8, page 85, line 16, by:

COLUMN 7   COLUMN 8

/   STRIKING:   17,762,706   17,236,622

and

INSERTING:   15,927,546   15,401,462/

Amend the bill further, as and if amended, Part IA, Section 8, page 85, line 17, by:

COLUMN 7   COLUMN 8

/   STRIKING:   976,434   279,702

and

INSERTING:   696,732   0/

Amend the bill further, as and if amended, Part IA, Section 8, page 85, line 18, by:

COLUMN 7   COLUMN 8

/   STRIKING:   85,058,558   22,262,333

and

INSERTING:   78,777,235   15,981,010/

Amend the bill further, as and if amended, Part IA, Section 8, page 85, line 20, by:

COLUMN 7   COLUMN 8

/   STRIKING:   44,208,680   11,950,769

and

INSERTING:   43,875,168   11,617,257/

Amend the bill further, as and if amended, Part IA, Section 8, page 85, line 21, by:

COLUMN 7   COLUMN 8

/   STRIKING:   62,997,327   16,893,160

and

INSERTING:   56,419,082   10,314,915/

Amend the bill further, as and if amended, Part IB, Section 73, page 507 by adding an appropriately numbered proviso to read:

/   73.__.   For the fiscal year beginning July 1, 2004 and ending June 30,2005 a fee is to be levied, assessed, collected, and paid on all cigarettes made of tobacco or any substitute for tobacco. This fee is to equal 2.65 cents over and above the current tax charged on each cigarette made of tobacco or any substitute for tobacco and reported, paid, collected and enforced in the same manner as that provided for in Section 12-21-620(1). The revenue received from this fee is appropriated in the following manner for the purposes stated:

1.   J02 - Department of Health and Human Services:

Hospital Services $29,340,617; Nursing Home Services $17,343,329; Pharmaceutical SVCS $48,718,973; Physical Services $15,099,331; Dental Services $13,028,068; Community Long Term Care $5,092,309; Other Medicaid SVCS $14,514,909; Family Planning $856,203; SMI -MAO-Medicare $2,077,275; Hospice Care Program $405,697; Residential Care Facilities $1,835,160; Assisted Living $279,702; Clinical Services $6,281,323; Durable Medical Equipment $333,512; Managed Care (HMO) $6,578,245

2.   J02 - Department of Health and Human Services:

All remaining revenue is be used to fund the major optional eligible groups covered by Medicaid with the first priority being to fund the Children's Health Insurance Program at 200% of poverty.

These funds are exempt from any budgetary cuts or reductions which are required or triggered by statute when there is a decrease or shortfall in estimated general fund revenues and may only be reduced by affirmative action of the General Assembly during the annual appropriation of the Medicaid Match Fund. Any monies not expended during the fiscal year must be carried forward to the succeeding fiscal year and appropriated and used for the same purposes.   /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

At 5:55 P.M., the PRESIDENT assumed the Chair.

Senator MARTIN raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A.

Senator MOORE spoke on the Point of Order.

Senator LAND spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator LEVENTIS spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Amendment No. 34 was ruled out of order.

The Senate adopted Rule 24A in order to reasonably and sensibly consider the Appropriation Bill without extraneous, lengthy debate on items that should be considered in separate legislation. The PRESIDENT correctly ruled Amendment No. 34 out of order in accordance with the precedents of last year. The Point of Order does not reflect on the merits of the proposal itself, but on the importance of complying with the rule and an orderly process for the budget debate.

Senators ALEXANDER and SHORT proposed the following Amendment No. 48 (BEHCOC.DOC), which was adopted (#3):

Amend the bill, as and if amended, Part IA, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 121, line 39, by striking opposite

COLUMN 7   COLUMN 8

CLASSIFIED POSITIONS/   9,782,735   2,858,959/

Amend the bill further, as and if amended, Section 13, page 121, line 40, by striking opposite

COLUMN 7   COLUMN 8

/   308.24   113.58/

Amend the bill further, as and if amended, Section 13, page 122, line 1, by striking opposite

COLUMN 7   COLUMN 8

UNCLASSIFIED POSITIONS/   69,911   69,911/

Amend the bill further, as and if amended, Section 13, page 122, line 2, by striking opposite

COLUMN 7   COLUMN 8

/   1.00   1.00/

Amend the bill further, as and if amended, Section 13, page 122, line 3, by striking opposite

COLUMN 7   COLUMN 8

OTHER PERSONAL SERVICES/   818,559   11,664/

Amend the bill further, as and if amended, Section 13, page 122, line 6, by striking opposite

COLUMN 7   COLUMN 8

OTHER OPERATING EXPENSES/   3,070,646   451,162/

Amend the bill further, as and if amended, Section 13, page 122, line 7, by striking opposite

COLUMN 7   COLUMN 8

CASE SERVICES/   3,078,034   1,389,404/

Amend the bill further, as and if amended, Section 13, page 121, line 7, by:

COLUMN 7   COLUMN 8

/   STRIKING:   9,103,273   1,769,083

and

INSERTING:   15,266,969   3,089,180/

Amend the bill further, as and if amended, Section 13, page 121, line 8, by:

COLUMN 7   COLUMN 8

/   STRIKING:   334.00   90.34

and

INSERTING:   554.24   155.32/

Amend the bill further, as and if amended, Section 13, page 121, line 9, by:

COLUMN 7   COLUMN 8

/   STRIKING:   142,942   38,594

and

INSERTING:   961,501   50,258/

Amend the bill further, as and if amended, Section 13, page 121, line 12, by:

COLUMN 7   COLUMN 8

/   STRIKING:   696,116   130,933

and

INSERTING:   2,694,385   259,718/

Amend the bill further, as and if amended, Section 13, page 121, line 15, by:

COLUMN 7   COLUMN 8

/   STRIKING:   7,612   878

and

INSERTING:   197,636   2,272/

Amend the bill further, as and if amended, Section 13, page 129, line 24, by:

COLUMN 7   COLUMN 8

/   STRIKING:   33,436,369   8,601,434

and

INSERTING:   32,417,495   8,247,950/

Amend the bill further, as and if amended, Section 56C, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 275 by inserting after line 13:

COLUMN 7   COLUMN 8

/5. Continuum of Care

PERSONAL SERVICES:

CLASSIFIED POSITIONS   3,619,039   1,538,862

    88.00   48.60

UNCLASSIFIED POSITIONS   69,911   69,911

  1.00   1.00

OTHER OPERATING   1,072,377   322,377

CASE SERVICES   2,888,010   1,388,010/

Amend the bill further, as and if amended, Section 56C, page 279, line 6, by:

COLUMN 7   COLUMN 8

/   STRIKING:   2,119,765   839,258

and

INSERTING:   3,138,639   1,192,742/

/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

Senator McGILL proposed the following Amendment No. 15 (RWDNR NAME CHANGE.DOC), which was adopted (#4):

Amend the bill, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 159, line 1, by striking: /Administrative Services/ and inserting /Support Services/

Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 159, lines 21 and 22, by striking: /Conservation Educ & Communication/ and inserting /Outreach/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator McGILL explained the amendment.

The amendment was adopted.

Senator THOMAS proposed the following Amendment No. 27 (TUITION5A21.DOC), which was ruled out of order:

Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 368, paragraph 5A.21, line 33, by striking the line in its entirety word and inserting:

/ 5A.21.   (CHE: Tuition Increase Limitation) Four-year state supported institutions of higher learning may raise their in-state undergraduate tuition for FY 2004-05 a maximum of $250 per semester above the increase in the Higher Education Price Index. If an institution's tuition and fees are below the state average for tuition and fees, then this restriction does not apply. The state average tuition shall be calculated separately for research institutions and four-year universities as defined in Section 59-103-15(B), with the Medical University of South Carolina being excluded due to it being the only free-standing health science center in the state.   /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

Senator RYBERG argued contra to the adoption of the amendment.

Senator MOORE raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A.

Senator THOMAS spoke on the Point of Order.

Senator MOORE spoke on the Point of Order.

Senator LEATHERMAN spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Amendment No. 27 was ruled out of order.

Senator GROOMS proposed the following Amendment No. 47 (4925R018.JWD):

Amend amendment number 42 (BEH9.31A.DOC), as and if amended, by striking the amendment and inserting:

/   Senator GROOMS proposed the following amendment (BEH9.31A.DOC):

Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 384, paragraph 31, by striking 9.31, MCH-Abstinence Education, in its entirety, lines 11 - 17 and inserting /The agency under contract with the State of South Carolina as of December 2000, and funded with federal funds under the provisions of Title V, Section 510, must continue to be under contract at the same funding level, for the same purposes for the current fiscal year until September 30, 2004. Applicants for Title V, Section 510 funding must have a proven and public history of having effectively implemented a program using a National Abstinence Clearinghouse (NAC) approved curricula for a minimum of one year prior to their application for the abstinence-only federal funds. NAC is the agency the federal Department of Health and Human Services has chosen to provide a comprehensive, national list of approved abstinence-only education curricula that is consistent with the A through H legislative requirements defined in Title V, Section 510(b)(2). A five member committee shall oversee the bid process. The five member committee shall be composed as follows: the President Pro Tempore of the Senate shall appoint two members of the committee, the Speaker of the House shall appoint two members of the committee and the Governor shall appoint one member of the committee.         /

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

Senator SHORT argued contra to the adoption of the amendment.

Senator RYBERG raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24.

Senator McCONNELL spoke on the Point of Order.

Senator MARTIN spoke on the Point of Order.

Senator LEATHERMAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator JACKSON moved to lay the amendment on the table.

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

Anderson                  Ford                      Glover
Gregory                   Hutto                     Jackson
Leventis                  Malloy                    Patterson
Ryberg                    Sheheen                   Short

Alexander                 Branton                   Cromer
Drummond                  Elliott                   Fair
Giese                     Grooms                    Hawkins
Hayes                     Land                      Leatherman
Martin                    McConnell                 McGill
Mescher                   Moore                     O'Dell
Peeler                    Rankin                    Ravenel
Reese                     Richardson                Ritchie
Setzler                   Smith, J. Verne           Thomas
Verdin

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator LEVENTIS argued contra to the adoption of Amendment No. 47.

With Senator LEVENTIS retaining the floor, Senator LEATHERMAN asked unanimous consent to make a motion that H. 4925, the General Appropriation Bill, be given a second reading with notice of general amendments on third reading, carrying over all amendments to third reading, with all members reserving the right to raise any Points of Order and to offer amendments without regard to questions of degree.

There was no objection and the motion was adopted.

With Senator LEVENTIS retaining the floor, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

On motion of Senator FORD, with unanimous consent, the Senate stood adjourned in memory of Mr. Herman Frazier, husband of Ms. Marjorie Amos Frazier of Charleston, S.C.

At 7:25 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 9:30 A.M.

This web page was last updated on Wednesday, June 24, 2009 at 3:36 P.M.