Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 9:30 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, in our social outlook hear the record in St. Matthew, Chapter 9:36:
"When He saw the crowds, He had compassion for them, because they were harassed and helpless, like sheep without a shepherd."
Let us pray.
Father, sometimes we can't work up any enthusiasm for crowds. It is difficult to relate to a multitude.
So give us the ability that Jesus had of seeing faces in the crowd: the frightened child, the lonely widow, the young man with too much money, the man born blind, the troubled father, the conscience-torn sinner.
We thank You for the dedicated folk that staff the social agencies of a concerned State Government. They serve as agents of the State but also as Servants of their God in whose Name we pray.
Amen.
At 9:38 A.M., Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.
At 9:39 A.M., on motion of Senator SETZLER, with unanimous consent, the Senate receded pending the presence of a quorum.
At 9:49 A.M., 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. 154 (Word version), R229, an Act.
This legislation was introduced to strengthen the background check procedure for prospective teachers, which is a measure I support. However, I am vetoing the legislation based on the content of Section 2, which was added by amendment.
Section 2 of the Bill deletes Sections 59-3-50, 59-3-60 and 59-3-70 from the Code of Laws, which require the reporting of various statistics from schools to the Superintendent, as well as from the Superintendent to the Governor and the General Assembly. The information that these sections require is critical to the legislature and to governors as they make decisions that affect the state's schools. It includes the number of pupils, the number of schools, the average teacher salary and the cost and status of school construction, among other items.
This veto is not based on communications problems between the Superintendent's office and Governor's office. In fact, I have no doubts that the Superintendent would continue to report this information in a timely manner to my office as well as to the General Assembly. Instead, my veto is based on the importance of the state's role in maintaining our education system. As one of the state's most significant obligations, it is essential that future governors, legislatures and superintendents have access to the most current information and data. The Department of Education has indicated that some of the language contained in these Sections is outdated. A more appropriate method of addressing this would be to update and amend those sections rather than eliminating them altogether.
For these reasons, I am returning S. 154, R229 to you without my signature.
Sincerely,
/s/ Mark Sanford
(R229, S154 (Word version)) -- Senator Giese: AN ACT TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO PROVIDE THAT A PERSON ENROLLED IN A TEACHER EDUCATION PROGRAM MUST BE ADVISED BY THE COLLEGE OR UNIVERSITY THAT HIS PRIOR CRIMINAL RECORD COULD PREVENT HIS TEACHER CERTIFICATION, PROVIDE THAT BEFORE BEGINNING FULL-TIME CLINICAL TEACHING EXPERIENCE A PERSON SHALL UNDERGO A STATE AND NATIONAL CRIMINAL RECORDS CHECK TO BE REVIEWED BY THE STATE DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION, PROVIDE THAT THE COSTS ASSOCIATED WITH THE FBI BACKGROUND CHECKS ARE THOSE OF THE APPLICANT, PROVIDE THAT THE INFORMATION COULD AFFECT HIS FITNESS TO TEACH AND THAT HE MAY BE DENIED THE OPPORTUNITY TO COMPLETE HIS CLINICAL TEACHING EXPERIENCE, PROVIDE THAT A TEACHER EDUCATION CANDIDATE MAY REQUEST RECONSIDERATION AFTER ONE YEAR, AND PROVIDE THAT A GRADUATE OF A TEACHER EDUCATION PROGRAM APPLYING FOR INITIAL TEACHER CERTIFICATION MUST HAVE COMPLETED THE FBI FINGERPRINT PROCESS WITHIN EIGHTEEN MONTHS OF FORMALLY APPLYING; AND TO REPEAL SECTIONS 59-3-50, 59-3-60, AND 59-3-70, ALL RELATING TO STATISTICAL REPORTS REQUIRED BY THE SUPERINTENDENT OF EDUCATION.
The veto of the Governor was taken up for immediate consideration.
Senator HAYES 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, State Advisory Committee on Educational Requirements for Local Government Planning or Zoning Officials or Employees, with term to commence June 30, 2003, and to expire June 30, 2004
Clemson
John T. Farris, Ph.D., Department of Planning and Landscape Architecture, Clemson Univ., Box 340511, Clemson, S.C. 29634-0511
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2004, and to expire June 30, 2007
6th Congressional District
Celestine White Parker, 416 Meadowbury Dr., Columbia, S.C. 29203 VICE Gloria M. James
Referred to the Committee on Judiciary.
Initial Appointment, State Advisory Committee on Educational Requirements for Local Government Planning or Zoning Officials or Employees, with term to commence June 30, 2003, and to expire June 30, 2005
Municipalities
Stephen G. Riley, Town of Hilton Head Island, 1 Town Center Ct., Hilton Head Island, S.C. 29928
Referred to the Committee on Judiciary.
Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 2003, and to expire April 1, 2007
Tissue Procurement Organization
Patricia R. Thompson, 501 Devenger Road, Greer, S.C. 29650 VICE Beverly J. Bliss
Referred to the Committee on Medical Affairs.
Senator ALEXANDER introduced Dr. James R. Pruitt of Seneca, S.C., Doctor of the Day.
At 12:05 P.M., Senator HAYES requested a leave of absence until 1:00 P.M.
Senator KUHN rose for an Expression of Personal Interest.
The following were introduced:
S. 1226 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 6 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 33 IN CALHOUN COUNTY THROUGH THE TOWN OF ELLOREE, SOUTH CAROLINA, IN ORANGEBURG COUNTY THE "WILLIAM BURDEN BOOKHART, JR. HIGHWAY" AND TO ERECT APPROPRIATE SIGNS WHICH CONTAIN THE WORDS "WILLIAM BURDEN BOOKHART, JR. HIGHWAY" ALONG THIS PORTION OF HIGHWAY.
l:\council\bills\swb\6034cm04.doc
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4127 (Word version) -- Reps. Wilkins, Harrell, Quinn, Harrison, W. D. Smith, Cotty, Cato, Young, Tripp, G. R. Smith, Leach, Bailey, Koon, Altman, Bingham, Ceips, Chellis, Clark, Davenport, Delleney, Duncan, Edge, Frye, Gilham, Hagood, Hamilton, Haskins, Herbkersman, Hinson, Keegan, Limehouse, Mahaffey, McGee, Merrill, Rice, Sandifer, Scarborough, Skelton, D. C. Smith, G. M. Smith, J. R. Smith and Toole: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2003" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR
Read the first time and referred to the Committee on Judiciary.
H. 5129 (Word version) -- Reps. Rice, Talley, Clyburn, Frye, Hamilton, Herbkersman, Hosey, Keegan, Littlejohn, Martin, Owens, Perry, E. H. Pitts, Scarborough, Simrill, Sinclair, J. R. Smith, Snow, Taylor, Young,
Read the first time and referred to the Committee on Judiciary.
H. 5204 (Word version) -- Reps. Neilson, Lucas and J. Hines: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. FLOSSIE HOPKINS OF DARLINGTON UPON HER RETIREMENT FROM THE DARLINGTON COUNTY SCHOOL DISTRICT AFTER FORTY-THREE YEARS OF SERVICE AND TO EXTEND BEST WISHES TO HER IN ALL OF HER FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5206 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE GEORGE R. MOORE, DIRECTOR OF THE HEALTH FACILITY OVERSIGHT PROGRAM, DIVISION OF HEALTH LICENSING, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, ON HIS RETIREMENT FROM THE DEPARTMENT ON JULY 1, 2004, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator LEATHERMAN from the Committee on Finance submitted a majority favorable with amendment and Senator REESE a minority unfavorable report on:
S. 1088 (Word version) -- Senator Leatherman: A BILL TO ENACT THE PROVISO CODIFICATION ACT OF 2004, TO PROVIDE FOR THE CODIFICATION IN THE SOUTH CAROLINA CODE OF LAWS OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR OTHER PROVISIONS RELATED TO THE ANNUAL GENERAL APPROPRIATIONS ACT EFFECTIVE FOR FISCAL YEAR 2004-2005 ONLY.
Ordered for consideration tomorrow.
Columbia, S.C., May 4, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 487 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES AND USE TAX ACT, SO AS TO EXCLUDE THE ENVIRONMENTAL SURCHARGE IMPOSED PURSUANT TO SECTION 44-56-430 FROM THE DEFINITION OF "GROSS PROCEEDS OF SALES"; TO AMEND SECTION 44-56-430, RELATING TO THE DRYCLEANING FACILITY RESTORATION TRUST FUND, SO AS TO PROVIDE FOR THE CALCULATION, ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF THE ENVIRONMENTAL SURCHARGE; TO AMEND SECTION 44-56-470, RELATING TO THE ANNUAL REGISTRATION AND FEES FOR DRYCLEANING FACILITIES, SO AS TO PROVIDE FOR THE DEPARTMENT OF REVENUE'S RETENTION OF FUNDS FOR COSTS INCURRED TO COLLECT AND ENFORCE THE DRYCLEANING FACILITY RESTORATION TRUST FUND; TO AMEND SECTION 44-56-480, RELATING TO THE SURCHARGE ON PERCHLOROETHYLENE (TETRACHLOROETHYLENE) AND STODDARD SOLVENT, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MUST ADMINISTER, COLLECT, AND ENFORCE THE
Received as information.
Columbia, S.C., May 4, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5056 (Word version) -- Reps. Stille, M.A. Pitts and Townsend: A BILL TO AMEND ACT 780 OF 1928, AS AMENDED, RELATING TO THE ELECTION OF THE BOARD OF TRUSTEES OF THE ABBEVILLE COUNTY MEMORIAL HOSPITAL, SO AS TO DELETE ARCHAIC REFERENCES THAT SPECIFY FROM WHICH VOTING PRECINCTS IN ABBEVILLE COUNTY MEMBERS OF THE BOARD SHALL RESIDE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 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, McGee, Merrill, W.D. Smith and Huggins: A BILL TO AMEND SECTION 37-2-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CREDIT SALE, SO AS TO PROVIDE THAT A DELINQUENCY CHARGE MUST NOT BE APPLIED TO A DELINQUENCY ATTRIBUTABLE ONLY TO AN ASSESSMENT AGAINST AN EARLIER INSTALLMENT AND TO PROVIDE FOR CONSTRUCTION OF THE PROVISION IN CONFORMITY WITH FEDERAL LAW; TO AMEND SECTION 37-3-202, RELATING TO ADDITIONAL CHARGES PERMITTED IN CONNECTION WITH A CONSUMER LOAN, SO AS TO INCLUDE OPEN-END CREDIT PURSUANT TO A LENDER CREDIT CARD OR SIMILAR ARRANGEMENT IN CONFORMANCE WITH OTHER PROVISIONS AND TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CONSUMER LOAN, SO AS TO PROVIDE THAT THE DELINQUENCY CHARGE MUST NOT BE APPLIED TO A DELINQUENCY ATTRIBUTABLE ONLY TO AN ASSESSMENT AGAINST AN EARLIER INSTALLMENT AND TO PROVIDE FOR CONSTRUCTION OF THE PROVISION IN CONFORMITY WITH FEDERAL LAW; AND TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES TO A CONSUMER LOAN, SO AS TO INCLUDE A
Senator THOMAS explained the Bill.
The following Joint Resolutions were read the third time and ordered sent to the House of Representatives:
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.
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 NUMBER 2839, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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.
The following Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:
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.
H. 5186 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR A ONE AND ONE-HALF MILL INCREASE IN THE LEVY OF TAXES FOR DEBT SERVICE AND A ONE AND ONE-HALF MILL INCREASE IN THE LEVY OF TAXES FOR THE GENERAL FUND IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2004, AND ENDING JUNE 30, 2005.
By prior motion of Senator ELLIOTT, with unanimous consent
H. 4475 (Word version) -- Reps. Harrell, W.D. Smith, Wilkins, Altman, Bingham, Ceips, Chellis, Clark, Cotty, Davenport, Edge, Frye, Gilham, Hagood, Hamilton, Harrison, Haskins, Hinson, Huggins, Koon, Leach, Limehouse, Littlejohn, Mahaffey, Martin, Merrill, E.H. Pitts, Quinn, Rice, Richardson, Simrill, D.C. Smith, G.M. Smith, G.R. Smith, J.R. Smith, Stewart, Stille, Taylor, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, White, Witherspoon, Young, Sandifer, Kirsh, Owens, Whitmire, Cato, Coates, Ott, Sinclair, Keegan, McGee, Perry, J.M. Neal, Emory, Pinson, Barfield, R. Brown, Weeks, Branham, Bailey, Battle, Neilson, Clemmons, Viers and Harvin: A BILL TO ENACT THE FISCAL DISCIPLINE PLAN OF 2004 BY DESIGNATING SECTION 6 OF ACT 356 OF 2002, RELATING TO ACTIONS NECESSARY FOR THE STATE BUDGET AND CONTROL BOARD TO COVER AN OPERATING DEFICIT, AS SECTION 11-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND AMENDING IT TO REQUIRE AN OPERATING DEFICIT TO BE PLACED FIRST ON THE AGENDA OF THE STATE BUDGET AND CONTROL BOARD AT THE FIRST BOARD MEETING FOLLOWING THE COMPTROLLER GENERAL'S REPORT OF THE DEFICIT TO THE BOARD, BY PROVIDING FOR THE REPAYMENT OF THE ACCUMULATED STATE OPERATING DEFICIT AND LIMITING GENERAL FUND APPROPRIATIONS GROWTH TO THREE PERCENT IN FISCAL YEARS 2003-2004 THROUGH 2008-2009 AND PROVIDING FOR THE USE OF SURPLUS REVENUES, AND TO PROVIDE THAT DURING THE SAME PERIOD ANNUALLY REQUIRED TRANSFERS TO THE GENERAL RESERVE FUND MUST BE CONSIDERED RECURRING GENERAL FUND APPROPRIATIONS.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
Senator SETZLER objected.
H. 4413 (Word version) -- Reps. Cato, Vaughn, Cotty, Leach and Hinson: A BILL TO AMEND SECTION 38-73-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKING OF RATES FOR CASUALTY INSURANCE, SO AS TO ADD TO THE CRITERIA THAT CONSIDERATION MUST BE GIVEN TO ASSESSMENTS, SUCH AS THE GUARANTY FUND, WIND AND HAIL JOINT UNDERWRITING ASSOCIATION, AND SIMILAR MECHANISMS WHEN MAKING THE RATES; AND TO AMEND SECTION 38-73-920, RELATING TO THE REQUIREMENT THAT THE INSURER MAY MAKE OR ISSUE A CONTRACT OR POLICY ONLY ON RATES WHICH ARE IN EFFECT, SO AS TO PROVIDE THAT PROPOSED RATES CHANGES WHERE THE SOLE FACTOR FOR THE CHANGE IS THE IMPACT OF A REVISED ASSESSMENT DOES NOT CONSTITUTE A RATE INCREASE FOR PURPOSES OF THIS SECTION.
Senator RICHARDSON asked unanimous consent to take the Bill up for immediate consideration.
Senator RYBERG objected.
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.
On motion of Senator SETZLER, with unanimous consent, the Bill was carried over.
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
Senator PEELER explained the Joint Resolution.
On motion of Senator KNOTTS, with unanimous consent, the Joint Resolution was carried over.
S. 793 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 12-43-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF A COUNTY TO REDUCE THE ASSESSMENT RATIO OTHERWISE APPLICABLE TO GENERAL AVIATION AIRCRAFT SUBJECT TO PROPERTY TAX IN A COUNTY TO A RATIO NOT LESS THAN FOUR PERCENT OF FAIR MARKET VALUE, SO AS TO EXTEND SIMILAR PROVISIONS TO BOATS SUBJECT TO PROPERTY TAX IN A COUNTY.
On motion of Senator KNOTTS, with unanimous consent, the Bill was carried over.
H. 4963 (Word version) -- Reps. Harrell, Mack and Neilson: A BILL TO AMEND SECTIONS 9-8-10, 9-8-50, 9-8-60, AS AMENDED, AND 9-8-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, CREDITED SERVICE, RETIREMENT AND RETIREMENT ALLOWANCES, AND MEMBERS' CONTRIBUTIONS FOR PURPOSES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DEFINE "EARNED SERVICE" FOR PURPOSES OF THIS SYSTEM, PROVIDE THE TYPE AND AMOUNT OF SERVICE CREDIT THAT MAY BE ESTABLISHED IN THIS SYSTEM AND THE COST REQUIRED TO ESTABLISH SERVICE CREDIT, PROVIDE THE OPTIONS AVAILABLE TO A MEMBER WHO TERMINATES SERVICE BEFORE RETIREMENT, PROVIDE THE AMOUNT OF EARNED SERVICE NECESSARY FOR A MEMBER OF THIS SYSTEM TO VEST AND RECEIVE A MONTHLY RETIREMENT BENEFIT, CONFORM THE SERVICE REQUIREMENTS FOR RECEIVING A MONTHLY RETIREMENT ALLOWANCE TO THESE REVISIONS, AND INCREASE MEMBER CONTRIBUTIONS FROM SEVEN TO TEN PERCENT OF COMPENSATION PHASED IN OVER THREE YEARS.
Senator HAYES explained the Bill.
On motion of Senator RYBERG, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4925, THE GENERAL APPROPRIATION BILL.
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 47 (4925R018.JWD) proposed by Senator GROOMS and previously printed in the Journal of Tuesday, May 4, 2004.
Senator LEVENTIS was recognized.
On motion of Senator GROOMS, with unanimous consent, Amendment No. 47 was carried over.
Senator McCONNELL raised a Point of Order that Proviso 72.89 was out of order inasmuch as it was violative of Rule 24.
72.89. (GP: Division of Aeronautics Transfer) Notwithstanding any other provision of law, the duties, functions, responsibilities, personnel, equipment, supplies, appropriations, carry forward funds and all other assets and resources of the Division of Aeronautics in the Department of Commerce are transferred to the Department of Transportation.
The PRESIDENT sustained the Point of Order.
Proviso 72.89 was ruled out of order.
Senator McCONNELL raised a Point of Order that Proviso 72.99 was out of order inasmuch as it was violative of Rule 24.
72.99. (GP: Fraudulent Checks) An individual may hold a check twenty calendar days from the date the check was presented to the payee before cashing or depositing the check and the drawer shall
The PRESIDENT sustained the Point of Order.
Proviso 72.99 was ruled out of order.
Senator HUTTO raised a Point of Order that Proviso 56DD.32 was out of order inasmuch as it was violative of Rule 24.
56DD.32. (GOV: SLED - Sex Offender Registry Fee) Each Sheriff is authorized to charge and collect an annual amount of one hundred dollars from each sex offender required to register by law. If an offender is required to register by law and is subsequently pardoned, the offender cannot be removed from the registry. If such sex offender has been declared indigent by the Clerk of Court of the county in which the offender must register and provides proof of the declaration at the time of registration, the fee will automatically be waived. If an offender is not declared indigent and fails to pay the fee, he is officially declared unregistered. This fee shall be equally divided between the Sheriffs and the State Law Enforcement Division. Sheriffs shall remit the appropriate portion of these funds to SLED on a quarterly basis. These funds must be used to support the Statewide Sex Offender Registry.
The PRESIDENT sustained the Point of Order.
Proviso 56DD.32 was ruled out of order.
Senator HUTTO raised a Point of Order that Proviso 56DD.40 was out of order inasmuch as it was violative of Rule 24.
56DD.40. (GOV: SLED - Fraudulent Checks) A conviction for up to three fraudulent checks, when complete restitution is made, does not alone render an applicant unfit for licensure as a private investigator.
The PRESIDENT sustained the Point of Order.
Proviso 56DD.40 was ruled out of order.
Senator RITCHIE raised a Point of Order that Proviso 72.88 was out of order inasmuch as it was violative of Rule 24.
Senator LEATHERMAN spoke on the Point of Order.
Senator RITCHIE spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator RITCHIE raised a Point of Order that Proviso 1.80 was out of order inasmuch as it was violative of Rule 24.
1.80. (SDE: Individual Student Report) The Department of Education is directed to work with the Education Oversight Committee and to solicit input from school and school district personnel to provide detailed information on student achievement results to school districts and schools.
This report must provide information for each student regarding his or her achievement on academic assessments that are aligned to the State's academic content and achievement results. These reports should allow parents, teachers, principals and district office staff to understand and address academic needs of students.
An individual student report must have the following qualities:
1) Provide valid and reliable information for each student on his/her performance on the academic content and achievement expected of all students. It should direct instruction and support to student needs;
The PRESIDENT sustained the Point of Order.
Proviso 1.80 was ruled out of order.
Senator LEVENTIS raised a Point of Order that Proviso 73.15 was out of order inasmuch as it was violative of Rule 24.
73.15. (SR: Atlantic Compact) South Carolina authorizes, and the South Carolina commissioners or alternate commissioners to the Atlantic Interstate Low-Level Radioactive Waste Compact shall cast any applicable votes to approve, the importation of up to 100,000 cubic feet of Class A low-level waste into the region in Fiscal Year 2004-05 for purposes of disposal at the regional disposal facility in South Carolina. This 100,000 cubic feet of waste shall be in addition to the 50,000 cubic foot cap set forth for Fiscal Year 2004-05 under Section 48-46-40(A)(6)(a), South Carolina Code of Laws. The disposal site operator may sell this additional volume of disposal capacity as it deems appropriate and retain the proceeds from such sale, as long as such marketing activity does not negatively impact the Budget and Control Board's existing disposal commitments and projected disposal revenues for fiscal years 2005 through 2008. Notwithstanding any other provision of the law, the disposal site operator must submit a payment of $6,000,000 to the South Carolina Department of Revenue not later than June 30, 2005, for deposit into the General Fund for South Carolina budget year 2004-2005. The disposal funds deposited into the General Fund as a result of this provision are appropriated to F30 - B&C-Employee Benefits to be used toward funding the employer's share of the State Health Plan. This appropriation is intended to reduce any increase that may be needed in the employee's share of the cost of health insurance. Nothing in this section shall be construed to amend obligations of the disposal site operator to remit contributions to the Barnwell Extended Care Fund under Section 13-7-30, or contributions to the Decommissioning Trust Fund in accordance with the Decommissioning Trust Agreement dated March 24, 1981, as amended.
The PRESIDENT sustained the Point of Order.
Proviso 73.15 was ruled out of order.
Senator RYBERG raised a Point of Order that Proviso 63.49 was out of order inasmuch as it was violative of Rule 24.
63.49. (BCB: Rural Infrastructure Trust Fund) (A) For the current fiscal year, there is established in the Office of Local Government of the State Budget and Control Board the South Carolina Rural Infrastructure Trust Fund. The Office of Local Government is authorized to do the following in connection with the Fund: (1) award grants or loans to eligible trust fund projects as determined by the Office of Local Government; (2) apply for and receive additional funding for the trust fund from other sources to be used as provided in this paragraph; (3) exercise its discretion in determining what portion of trust funds must be expended or awarded in the current fiscal year. Funds within the trust fund must be invested or deposited into interest-bearing instruments or accounts, with the interest accruing and credited to the fund; (4) coordinate the Trust Fund with applicable federal programs; (5) apply for and receive funds from other sources which may be deposited in the trust fund and establish accounts and sub accounts as necessary to its purposes. To carry out the functions of the Trust Fund, the Office of Local Government shall: (1) operate a program in order to implement the purposes of this paragraph; (2) develop additional guidelines and prescribe procedures consistent with the purposes of the Trust Fund; (3) submit a report at the end of the current fiscal year to the Governor, Lieutenant Governor, and General Assembly that accounts for trust fund and other program receipts, briefly describes grants and loans that were approved by the Office of Local Government during the fiscal year, and describes recipients of trust fund grants; (4) have a financial audit of the Trust Fund conducted by the state auditor or an outside independent certified public accountant.
(B) Earnings on the trust fund are retained in the trust fund. The trust fund may receive revenues from any source the General Assembly may provide by law and from governmental grants. Trust fund revenues may be used only for rural development as determined by the Office of Local Government. An eligible trust fund recipient may apply for a grant or loan from the trust fund to fund an eligible trust fund project. A grant or loss from the trust fund must be awarded based upon, and each application by a qualifying entity shall provide information regarding how the proposal meets, one or more of the
The PRESIDENT overruled the Point of Order.
Senator SHORT proposed the following Amendment No. 67 (4925B009.CBH.DOC), which was adopted (#5):
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 387, after line 15, by adding an appropriately numbered paragraph to read:
/ 9.__. (DHEC Cervical Cancer Study) The Department is directed to study strategies and new technologies that are effective in preventing and controlling cervical cancer. Because of the proven cost effectiveness of vaccines this method of prevention should be one of the areas of focus of the study. In developing the study the DHEC Commissioner shall consult with groups and/or institutions with expertise in the prevention and treatment of cervical cancer. The groups selected to provide consultation shall be at the discretion of the Commissioner. The findings of the study shall be provided in a report to the Chairman of the Senate Medical Affairs Committee and the Chairman of the House Medical, Military, Public Affairs Committee no later than June 15, 2005. /
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Senator SHORT explained the amendment.
The amendment was adopted.
Senators SETZLER, RICHARDSON and KNOTTS proposed the following Amendment No. 65 (4925B010.NGS.DOC), which was adopted (#6):
Amend the bill, as and if amended, Part IB, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 403, paragraph
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Senator SETZLER explained the amendment.
The amendment was adopted.
Subsequent to the adoption of Amendment No. 65, the vote whereby Amendment No. 65 was adopted was reconsidered and the amendment was carried over.
Senator LEATHERMAN proposed the following Amendment No. 31 (DAD27.15 ENTERPRISE ZONE.DOC), which was adopted (#7):
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 408, paragraph 27.15, line 32, by striking / an annual renewal fee of $500 to be / and inserting /an annual renewal fee fees of $500 for the Enterprise Zone and Retraining Programs to be /
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Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator KNOTTS raised a Point of Order that Proviso 36A.15 was out of order inasmuch as it was violative of Rule 24.
36A.15. (DMV: CDL Skills Test Fee) The commercial driver's license skills test shall be administered to an individual free of charge one time, thereafter the Department of Motor Vehicles is authorized to charge a fee of twenty-five dollars for each commercial driver's license skills test administered by the department. State agency and school district employees who are required to possess a commercial driver's
Senator THOMAS spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
Senator LEVENTIS spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator THOMAS proposed the following Amendment No. 41 (DC DPS BUILDING FUND FLEXIBILITY.DOC), which was adopted (#8):
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 421, after line 6, by adding an appropriately numbered paragraph to read:
/ (DPS: Building Fund Flexibility) For the current fiscal year, all monies collected in the Department of Public Safety Building Fund, Subfund 3324, that exceed the annual bond payment and the amount needed for building repair must be utilized by the Department to support the Highway Patrol./
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Senator THOMAS explained the amendment.
The amendment was adopted.
Having voted on the prevailing side, Senator SETZLER moved to reconsider the vote whereby Amendment No. 65, proposed by Senators SETZLER, RICHARDSON and KNOTTS (S-RESMIN\Amend\4925B010.ngs) was adopted (#6).
There was no objection and the adoption of Amendment No. 65 was reconsidered.
The question then was the adoption of Amendment No. 65.
On motion of Senator SETZLER, with unanimous consent, Amendment No. 65 was carried over.
Senator THOMAS proposed the following Amendment No. 39 (DC3920 FROM DJJ TO DPS.DOC), which was withdrawn:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF JUVENILE JUSTICE, pages 430-431, paragraph 20, by striking the proviso in its entirety, page 430, lines 34 through page 431, line 5.
Amend the bill further, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, by inserting after line 31 an appropriately numbered section to read:
/ (GP: Secure Juvenile Confinement) The Department of Public Safety and the Department of Corrections may not implement any changes to the current policies regarding secure juvenile confinement until the Attorney General considers the Departments' interpretation of the federal Juvenile Justice and Delinquency Prevention Act in regard to the secure holding of juveniles for more than six hours in adult detention facilities that also serve as 48-hour juvenile holdover facilities. The Attorney General will determine if the Departments' interpretation is fair and equitable and how the local governments and the Department of Juvenile Justice would be impacted, to include any financial considerations. If the Attorney General determines that the Departments' interpretation is fair and equitable, the Departments may implement changes. If the Attorney General determines otherwise, the Departments may not implement changes and must work with the Association of Counties, the Department of Juvenile Justice, and the Attorney General to determine an appropriate policy./
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Senator LEVENTIS raised a Point of Order that Amendment No. 39 was out of order inasmuch as the amendment was violative of Rule 24.
Senator THOMAS spoke on the Point of Order.
Senator LEVENTIS spoke on the Point of Order.
Senator MARTIN spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
On motion of Senator THOMAS, with unanimous consent, Amendment No. 39 was withdrawn.
On motion of Senator LEVENTIS, the Point of Order was withdrawn.
Senator ALEXANDER proposed the following Amendment No. 16A (RWFUNERAL HOME INSPECTORS2.DOC), which was adopted (#9):
Amend the bill, as and if amended, Part IB, Section 50, DEPARTMENT OF LABOR, LICENSING AND REGULATION, page 435, after line 31, by adding an appropriately numbered paragraph to read:
/(LLR: Funeral Home Inspectors) The SC State Board of Funeral Service shall retain sufficient funds from fees received by the Board to employ at least one and one-half full-time equivalent positions to inspect funeral homes and crematories in South Carolina./
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Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senator RICHARDSON proposed the following Amendment No. 53 (22681HTC04.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 457, paragraph 63.10, beginning on line 3, by striking / only required to seek a zero / and inserting / only required to seek a zero thirty /
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Senator RICHARDSON explained the amendment.
Senator LEATHERMAN spoke on the amendment.
Senator MARTIN argued contra to the adoption of the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Cromer Drummond Elliott Fair Ford Glover Grooms Hawkins Hayes Land Leatherman Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Rankin Ravenel Short Smith, J. Verne Thomas Verdin
Courson Giese Gregory Hutto Knotts Kuhn Leventis Mescher Peeler Reese Richardson Ritchie Ryberg Setzler Sheheen Waldrep
The amendment was laid on the table.
Senator RICHARDSON proposed the following Amendment No. 52 (22680HTC04.DOC), which was adopted (#10):
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 461, by striking paragraph 63.35 and inserting:
/ 63.35. (BCB: State Health Plan Savings) The Budget and Control Board is directed to review the final report of the State Health Plan Financing Advisory Study Committee and is further directed to consider these and any other proposals with a goal of limiting the impact on participants. /
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Senator RICHARDSON explained the amendment.
The amendment was adopted.
Senators THOMAS and GROOMS proposed the following Amendment No. 28 (EXCEPT63B.2.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63B, B&C BD - EMPLOYEE BENEFITS, page 465, paragraph 63B.2, lines 15 and 16, by striking: /except in the cases of rape, incest or where the life of the mother is in jeopardy / and inserting: / except in the cases of rape, incest or where the life of the mother is in jeopardy/
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Senator THOMAS explained the amendment.
Senator HUTTO argued contra to the adoption of the amendment.
Senator HUTTO moved to lay the amendment on the table.
The amendment was laid on the table.
Senator VERDIN desired to be recorded as voting against the motion to table the amendment.
Senator RICHARDSON proposed the following Amendment No. 54 (22682HTC04.DOC), which was adopted (#11):
Amend the bill, as and if amended, Part IB, Section 64, DEPARTMENT OF REVENUE, page 467, Paragraph 64.14, line 17, by striking / supplies / and inserting / supplies, diabetic diagnostic equipment, and diabetic testing equipment /
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Senator RICHARDSON explained the amendment.
The amendment was adopted.
Senator McGILL proposed the following Amendment No. 13 (RWETHICS CARRY FORWARD.DOC), which was adopted (#12):
Amend the bill, as and if amended, Part IB, Section 65, STATE ETHICS COMMISSION, page 468, after line 36, by adding an appropriately numbered paragraph to read:
/(SEC: Carry Forward Lobbying Fees) The State Ethics Commission is authorized to carry forward unexpended lobbyists and lobbyist's principal registration fees into the current fiscal year and to use these funds for the same purpose./
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Senator McGILL explained the amendment.
The amendment was adopted.
Senator RITCHIE proposed the following Amendment No. 7 (DAD72.71 7TH CIRCUIT.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 490, paragraph 72.71, line 15, after "third" by inserting:
/ , seventh, /
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Senator RITCHIE explained the amendment.
Senator LAND spoke on the amendment.
Senator LAND moved to lay the amendment on the table.
By a division vote of 19-10, the amendment was laid on the table.
Senator RITCHIE proposed the following Amendment No. 8 (DAD72.71 ALLJUDICIAL.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 490, paragraph 72.71, lines 13-17, by striking the proviso in its entirety and by inserting:
/ 72.71. (GP: Fee for Motions Disbursement) For Fiscal Year 2003-04 2004-05, the revenue collected pursuant to Section 8-21-320 of the 1976 Code shall be distributed transferred by the State Treasurer in the following manner: (1) The first $300,000 of these funds must be transferred to the Prosecution Coordination Commission. The funds shall be distributed equally to the third and eleventh judicial circuits to fund drug courts. (2) Any remaining funds must be transferred to the Judicial Department for operating purposes. /
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Senator RITCHIE explained the amendment.
Senator FORD spoke on the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
Senator THOMAS proposed the following Amendment No. 40 (DC DMV TAG FLIPPING PROVISO.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 36A, DEPARTMENT OF MOTOR VEHICLES, page 422, paragraph 10, by striking lines 18 - 22 and inserting /computer operating system changes to ensure that after the transfer of a license tag to a vehicle, before any subsequent transfer of a license tag to that same vehicle, the department shall require a paid tax receipt, based upon the value of the vehicle to which the license tag is being transferred, for the remaining months of the tax year of the license tag being transferred, regardless of any break in ownership. Any re-registration of the vehicle from which the tag was transferred shall begin in the month that the re-registration is effective. This provision shall take effect January 1, 2005./
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Senator KNOTTS raised a Point of Order that Amendment No. 40 was out of order inasmuch as the amendment was violative of Rule 24.
The PRESIDENT sustained the Point of Order.
Amendment No. 40 was ruled out of order.
Senator MARTIN raised a Point of Order that Proviso 50.11 was out of order inasmuch as it was violative of Rule 24.
50.11. (LLR: Cosmetologist, Esthetician, Manicurists License) Notwithstanding the provisions of Section 40-7-280 or any other provision of law, a person licensed as a cosmetologist, esthetician, or manicurist pursuant to Chapter 13 may practice, within the scope of practice authorized by the person's license, in a barbershop registered in accordance with this chapter.
The PRESIDENT sustained the Point of Order.
Proviso 50.11 was ruled out of order.
Senator LEVENTIS raised a Point of Order that Proviso 26.7 was out of order inasmuch as it was violative of Rule 24.
26.7. (PRT: PalmettoPride) There is established PalmettoPride, an eleemosynary, nonprofit corporation organized pursuant to Chapter 31 of Title 33 and Section 501(c)(3) of the Internal Revenue Code to coordinate and implement statewide and local programs for litter control. PalmettoPride may accept gifts, bequests, and grants from any person or foundation. PalmettoPride also may receive and expend public funds appropriated to it by the General Assembly.
PalmettoPride has the following duties and responsibilities:
(1) encourage anti-litter education efforts;
(2) assist state and local law enforcement agencies in efforts to stem the flow of litter on the streets and highways;
(3) devise strategies to maximize the use of prison work crews to collect litter;
(4) facilitate the use of community-based service programs to combat litter;
The PRESIDENT took the Point of Order under advisement.
On motion of Senator LEATHERMAN, with unanimous consent, debate was interrupted by the recess.
At 12:32 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 1:30 P.M.
The Senate reassembled at 1:35 P.M. and was called to order by the PRESIDENT.
At 1:35 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 Courson Cromer Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Hutto 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
A quorum being present, the Senate resumed.
Senators JACKSON and WALDREP recorded their presence subsequent to the Call of the Senate.
The Senate resumed consideration of the Bill, the question being the third reading of the Bill.
Senator KNOTTS proposed the following Amendment No. 66 (DAD72.75 INTEREST.DOC), which was adopted (#13):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 490, lines 35-36, and page 491, lines 1-3, paragraph 72.75, by striking the proviso in its entirety and inserting:
/ 72.75. (GP: Repayment of Loans) Pursuant to the loan agreement dated March 1, 2002, between the State Budget and Control Board and the Department of Commerce, beginning in fiscal year 2003-2004, the Department of Commerce shall repay the $3,000,000 loan from the Office of Local Government in four equal annual installments, with interest as stated in the loan agreement. Furthermore, upon the full repayment of the loan from the Office of Local Government, the Department of Commerce shall continue payments of $750,000 annually to repay the $3,500,000 loan from the Insurance Reserve Fund until such time as the loan is paid in full. /
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Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator FAIR proposed the following Amendment No. 5 (DC CORR OFFICER PAY INC BEER & WINE.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, after line 31, by adding an appropriately numbered paragraph to read:
/(GP: Correctional Officer Pay Increase) (A) In addition to other taxes on beer imposed pursuant to Article 7, Chapter 21, Title 12, there is imposed a surcharge on beer at the rate of three and one-half cents a gallon or fractional quantity of a gallon. For purposes of reporting, payment, enforcement, and collection, this surcharge is deemed to be a part of the license tax on beer imposed pursuant to Article 7, Chapter 21, Title 12. Notwithstanding any other provisions of law relating to the disposition of beer license tax revenue, the revenue of the surcharge imposed pursuant to this section must be credited to the general fund of the State and allocated to funding the correctional officer pay increases as directed in Section (C) of this provision.
(B) In addition to other taxes on wine imposed on wine imposed pursuant to Articles 7 and 9, Chapter 21, Title 12, there is imposed a surcharge on wine at the rate of three and one-half cents a gallon or fractional quantity of a gallon. For purposes of reporting, payment, enforcement, and collection, this surcharge is deemed to be a part of the license tax on wine imposed pursuant to Article 7, Chapter 21, Title 12. Notwithstanding any other provisions of law relating to the disposition of wine license revenue, the revenue of the surcharge imposed pursuant to this section must be credited to the general fund of the State and allocated to funding the correctional officer pay increases as directed in Section (C) of this provision.
(C) From the revenue resulting from the surcharges imposed in Sections (A) and (B) of this provision, the Budget and Control Board must allocate sufficient funding to the Department of Corrections and the Department of Juvenile Justice for employee pay increases in accordance with the following plan:
Effective on the first pay date on or after October 1, 2004, the base pay for all employees in Correctional Officer I (Band 3) and Correctional Officer II (Band 4) classifications shall be increased by 3% based on their June 1, 2004, salary.
Effective on the first pay date on or after April 1, 2005, the base pay for all employees in Correctional Officer I (Band 3) and Correctional Officer II (Band 4) classifications shall be increased by 3% based on their June 1, 2004, salary.
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Senator FAIR explained the amendment.
Senator LEATHERMAN raised a Point of Order that Amendment No. 5 was out of order inasmuch as the amendment was violative of Rule 24A.
Senator SETZLER spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Amendment No. 5 was ruled out of order.
Senator FAIR proposed the following Amendment No. 6 (DC CORR OFFICER PAY INC $25 SURCHARGE.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, after line 31, by adding an appropriately numbered paragraph to read:
/(GP: Correctional Officer Pay Increase) The surcharge imposed in Provision 73.3 of this Act is hereby increased by eight dollars. The revenue collected pursuant to this increase shall be deposited into the General Fund for allocation by the Budget and Control Board to the Department of Corrections and the Department of Juvenile Justice for employee pay increases in accordance with the following plan:
Effective on the first pay date on or after October 1, 2004, the base pay for all employees in Correctional Officer I (Band 3) and Correctional Officer II (Band 4) classifications shall be increased by 3% based on their June 1, 2004, salary.
Effective on the first pay date on or after April 1, 2005, the base pay for all employees in Correctional Officer I (Band 3) and Correctional Officer II (Band 4) classifications shall be increased by 3% based on their June 1, 2004, salary./
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Senator KNOTTS raised a Point of Order that Amendment No. 6 was out of order inasmuch as the amendment was violative of Rule 24A.
The PRESIDENT sustained the Point of Order.
Amendment No. 6 was ruled out of order.
At 1:49 P.M., Senator PEELER assumed the Chair.
Senator McCONNELL proposed the following Amendment No. 18 (RWMORRIS ISLAND LIGHTHOUSE.DOC), which was adopted (#14):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, after line 31, by adding an appropriately numbered paragraph to read:
/(GP: Morris Island Lighthouse Transfer) Responsibility for the Morris Island Lighthouse is transferred from the Department of Natural Resources to the Budget and Control Board. Effective July 1, 2004, the Department of Natural Resources shall transfer $500,000 to the Budget and Control Board for stabilization of the Morris Island Lighthouse. The board is authorized and directed on behalf of the State of South Carolina to execute all necessary agreements concerning Section 103 funds available from the federal government. The State will be responsible for all financial commitments arising from the Section 103 agreements./
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Senator McCONNELL explained the amendment.
The amendment was adopted.
Senators THOMAS, HAWKINS, KNOTTS, FAIR, RICHARDSON, RAVENEL, PEELER and KUHN proposed the following Amendment No. 24 (GGS\22673HTC04), which was carried over:
Amend the bill, as and if amended, in Part IB, SECTION 72, General Provisions, page 495, by adding an appropriately numbered paragraph at the end to read:
/ 72.____ (GP: Statewide Advisory Referendum)(A) From funds appropriated to it in Section 62, Part IA of this act, the State Election Commission shall conduct an advisory referendum at the time of the general election of 2004 to determine the views of the qualified electors of this State with respect to raising the state sales and use tax from five to seven percent and using the additional revenue to provide a credit against the property tax imposed for operating purposes on owner-occupied residential property, motor vehicles, and motor cycles. The question that must appear on the ballot reads as follows:
"Do you favor increasing the state sales and use tax from five percent to seven percent and using the additional revenue to provide a credit against property tax imposed for operating purposes on owner-occupied residential property, motor vehicles, and motor cycles?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'.
(B) The election laws of this State applies with respect to this referendum mutatis mutandis and the State Election Commission shall certify the results of the referendum to the members of the South Carolina Senate and the members of the South Carolina House of Representatives. /
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Senator THOMAS explained the amendment.
Senator MARTIN raised a Point of Order that Amendment No. 24 was out of order inasmuch as it was violative of Rule 24 in that the amendment did not relate to the raising and spending of revenue.
Senator RICHARDSON spoke on the Point of Order.
Senator GROOMS spoke on the Point of Order.
Senator FORD spoke on the Point of Order.
Senator MOORE spoke on the Point of Order.
The ACTING PRESIDENT overruled the Point of Order.
The question then was the adoption of Amendment No. 24.
Senator HAWKINS argued in favor of the adoption of the amendment.
Senator HUTTO raised a Point of Order that Amendment No. 24 was out of order inasmuch as it was violative of Rule 24 in that it amended or suspended permanent law.
The ACTING PRESIDENT overruled the Point of Order.
Senator HAWKINS continued arguing in favor of the adoption of the amendment.
Senator RAVENEL argued in favor of the adoption of the amendment.
Senator ELLIOTT argued contra to the adoption of the amendment.
Senator KUHN argued in favor of the adoption of the amendment.
Senator BRANTON argued in favor of the adoption of the amendment.
Senator LEATHERMAN moved to carry over Amendment No. 24
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Drummond Elliott Ford Glover Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Moore Patterson Pinckney Rankin Richardson Ritchie Ryberg
Sheheen Short Smith, J. Verne Waldrep
Branton Courson Cromer Fair Giese Gregory Grooms Hawkins Knotts Kuhn Mescher O'Dell Peeler Ravenel Reese Setzler Thomas Verdin
Amendment No. 24 was carried over.
Senator LEVENTIS proposed the following Amendment No. 32A (4925R039.PPL.DOC), which was adopted (#15):
Amend the bill, as and if amended, Part IB, page 495, Section 72, GENERAL PROVISIONS, by adding an appropriately numbered Proviso to read:
/ 72. . (GP: Prison Medical Services Study) The Budget and Control Board shall conduct a study to determine whether privatizing any portion of prison medical services will result in greater cost efficiencies to the Department of Corrections. The study shall include, but is not limited to, prior experiences with privatization of correctional facility operations in the State. The results of the study shall be reported to the Senate Corrections and Penology Committee and the House Medical, Military, Public and Municipal Affairs Committee. /
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Senator LEVENTIS explained the amendment.
The amendment was adopted.
Senators McCONNELL and FORD proposed the following Amendment No. 84 (4925R027.GFM.DOC), which was adopted (#16):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 495, by adding an appropriately numbered paragraph to read:
/ 72. . (GP: H.L. Hunley Museum Location) The General Assembly approves the City of North Charleston as the permanent site of the H.L. Hunley Museum. This approval is contingent upon the negotiation and execution of necessary contracts between the State of South Carolina and the City of North Charleston. The Hunley Commission is directed to expend funds from its account to negotiate and execute contracts on behalf of the State of South Carolina. /
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Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 61 (DAD73.3 EXCEPT.DOC), which was adopted (#17):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 498, paragraph 73.3, line 23, after "misdemeanor traffic offenses" by inserting:
/except for violations of Section 56-5-6540 of the 1976 Code, /
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Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The amendment was adopted.
Senator McGILL proposed the following Amendment No. 14A (RWDNR-FORESTRY EXEMPTION .DOC), which was adopted (#18):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 499, paragraph 73.7, line 31, after "Transportation" by inserting:
/and properties owned by the Department of Natural Resources and the Forestry Commission with reverter clauses or other restraints/
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Senator McGILL explained the amendment.
The amendment was adopted.
Senator RITCHIE proposed the following Amendment No. 95 (DC DRUG COURT FUNDING 7TH CIRCUIT.DOC), which was adopted (#19):
Amend the bill, as and if amended, Part IB Section 73, STATEWIDE REVENUE, page 501, paragraph 7, line 1 by striking /$100,000/ and inserting /$25,000/.
Amend the bill further, as and if amended, Part IB Section 73, STATEWIDE REVENUE, page 500, paragraph 7, after line 36 by inserting an appropriately numbered item to read:
/( ) E21 - Prosecution Coordination Commission, Drug Court Funding, Seventh Judicial Circuit $75,000;/
Amend the bill further, as and if amended, Part IB Section 73, STATEWIDE REVENUE, page 501, paragraph 9, line 33 by striking /$12,965,531/ and inserting /$12,915,531/.
Amend the bill further, as and if amended, Part IB Section 73, STATEWIDE REVENUE, page 502, paragraph 9, after line 35 by inserting an appropriately numbered item to read:
/( ) E21 - Prosecution Coordination Commission, Drug Court Funding, Seventh Judicial Circuit $50,000;/
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Senator RITCHIE explained the amendment.
The amendment was adopted.
Senators RICHARDSON and McGILL proposed the following Amendment No. 29A (RWBEACH RENOURISHMENT.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 501, after line 2, by inserting:
/Of the revenue derived from the sale of the Department of Mental Health Bull Street property, the first five million dollars shall be directed to Hunting Island State Park for beach renourishment./
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Senator RICHARDSON explained the amendment.
Senator ELLIOTT argued contra to the adoption of the amendment.
Senator ELLIOTT moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Courson Drummond Elliott Fair Ford Giese Glover Grooms Hawkins Hayes Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell Mescher O'Dell Patterson Peeler Rankin Ravenel Setzler Short Smith, J. Verne Thomas Verdin Waldrep
Branton Cromer Gregory Hutto Kuhn McGill Moore Pinckney Reese
Richardson Ritchie Ryberg Sheheen
The amendment was laid on the table.
I support beach renourishment but believe we need first to see that the deficit is covered and that the capital needs of the agency whose property is sold are also covered.
Senator RYBERG proposed the following Amendment No. 72 (RWSALE OF FLEET.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 504, paragraph 73.10, line 1-3, by striking: /The board shall submit a report to the Governor, the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by December 1, 2004./
And by inserting: /This study must be completed by September 1, 2004.
If the Budget and Control Board finds that cost efficiencies will result from the sale of agency owned vehicles and/or privatization of State Fleet maintenance facilities and the State Fleet operated by the Budget and Control Board, the Board is directed to immediately carry out the sale and privatization proposal.
All proceeds from the sale of agency owned vehicles and closure of State Fleet facilities and the State Fleet operated by the Budget and Control Board shall be used toward funding the employee's share of the State Health Plan. This appropriation is intended to reduce any increase that may be needed in the employee's share of the cost of health insurance./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator GLOVER proposed the following Amendment No. 46 (SWB\6046HTC04), which was ruled out of order:
Amend the bill, as and if amended, in Part IB, SECTION 73, STATEWIDE REVENUE, page 507 by adding an appropriately numbered paragraph at the end to read:
/ 73._____ (SR: Sales Tax Cap - State Employee Pay Raises) For the current fiscal year, the maximum state sales, use, and casual excise tax that is imposed pursuant to Section 12-36-2110(A) of the 1976 Code on amounts taxable in excess of $37,000 is increased from $300 to $500. Notwithstanding the uses to which sales, use, and casual excise tax revenues must be applied, the revenue attributable to this increased cap, if so much is available, must be appropriated by the General Assembly to provide a base pay increase for state employees for the current fiscal year of at least four percent but not more than five percent of base pay. To the extent revenues provided pursuant to this paragraph exceed the amount necessary to provide a maximum five percent base pay increase to state employees, the excess must be credited and used as other sales, use, and casual excise taxes are credited and used. /
Renumber sections to conform.
Amend title to conform.
Senator GLOVER explained the amendment.
Senator MARTIN raised a Point of Order that Amendment No. 46 was out of order inasmuch as the amendment was violative of Rule 24A.
The ACTING PRESIDENT sustained the Point of Order.
Amendment No. 46 was ruled out of order.
Senator GLOVER proposed the following Amendment No. 80 (MS\ 7306MM04), which was ruled out of order:
Amend the bill, as and if amended, Part IB, SECTION 73, STATEWIDE REVENUE, by adding an appropriately numbered paragraph at the end to read:
/ 73. _____. (SR: Cigarette Tax for Medicaid Match) Effective for the current fiscal year and in addition to the tax imposed pursuant to
Renumber sections to conform.
Amend title to conform.
Senator GLOVER explained the amendment.
Senator MARTIN raised a Point of Order that Amendment No. 80 was out of order inasmuch as the amendment was violative of Rule 24A.
The ACTING PRESIDENT sustained the Point of Order.
Amendment No. 80 was ruled out of order.
Senators SHEHEEN and LEVENTIS proposed the following Amendment No. 86 (4925B012.VAS.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 507, after line 3, by adding an appropriately numbered paragraph to read:
/ 73.__. For purposes of estate tax for calendar year 2004 and Fiscal Year 2004-05, computations shall be made the same as in calendar year 2003. Any funds realized shall be deposited into the General Fund to be distributed as follows: F30 - B&C -Employee Benefits to offset the employee's cost of health insurance $6,000,000 with any additional revenue realized is to be distributed to H63 - Department of Education for Education Finance Act funding of the Base Student Cost. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SHEHEEN explained the amendment.
Senator MARTIN raised a Point of Order that Amendment No. 86 was out of order inasmuch as the amendment was violative of Rule 24A.
Senator LEVENTIS spoke on the Point of Order.
Senator LEATHERMAN spoke on the Point of Order.
Senator SHEHEEN spoke on the Point of Order.
The ACTING PRESIDENT sustained the Point of Order.
Amendment No. 86 was ruled out of order.
Senator MALLOY proposed the following Amendment No. 90A (4925R036.GM.DOC), which was adopted (#20):
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 59-150-210 OF THE 1976 CODE, RELATING TO THE EDUCATION LOTTERY ACT, TO ALLOW LOTTERY TICKETS TO BE SOLD ON GENERAL OR PRIMARY ELECTION DAYS.
A. Section 59-150-210 of the 1976 Code is amended to read:
"Section 59-150-210. (A) A person shall not sell a lottery game ticket or share at a price other than that established by the commission. A person, other than a duly certified lottery retailer, shall not sell lottery game tickets, but a person may purchase lawfully lottery game tickets or shares and make a gift of the lottery game tickets or shares to another. The commission may designate certain agents and employees to sell lottery game tickets or shares directly to the public.
(B) Lottery game tickets or shares shall not be purchased and given by merchants as a means of promoting goods or services to customers or prospective customers, except as approved in writing by the commission.
(C) A lottery retailer shall not sell a lottery game ticket or share except from the locations listed in the lottery retailer's contract and as evidenced by the lottery retailer's certificate of authorization unless the commission authorizes, in writing, a temporary location not listed in the lottery retailer's contract.
(D) Lottery game tickets or shares must not be sold to persons under eighteen years of age, but a person eighteen years of age or older may purchase lawfully lottery game tickets or shares and make a gift to a person of any age. If a minor lawfully receives a winning lottery game ticket, the commission may direct payment of proceeds of a lottery prize in an amount not exceeding two thousand five hundred dollars to the parent or guardian of the minor without court approval and without appointment of a conservator. In the case of a lottery prize greater than two thousand five hundred dollars and not exceeding twenty-five thousand dollars, payment must be made in accordance with the procedures outlined in Section 62-5-103 as they relate to distribution. In the case of a prize in an amount greater than twenty-five thousand dollars, payment must be made to a duly appointed conservator to be held for the benefit of the minor, pursuant to Section 62-5-433.
(E) A lottery ticket or share must not be sold on the date of any general or primary election; for a lottery game other than that defined in Section 59-150-20(7); or for a lottery game with corporate sponsorship.
(FE) A lottery ticket or share must not be sold on the campus of a public institution of higher learning as defined in Section 59-103-5."
B. This section takes effect July 1, 2004. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MALLOY explained the amendment.
Senator MALLOY moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Courson Cromer Drummond Elliott Ford Giese Glover Gregory Grooms Hutto Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Waldrep
Anderson Branton Fair Hawkins Hayes Thomas Verdin
The amendment was adopted.
Senator LEVENTIS rose for an Expression of Personal Interest.
Senator THOMAS proposed the following Amendment No. 98 (3939DW04.DOC), which was tabled:
Amend the bill, as and if amended, page 507, by inserting after line 5:
PERMANENT PROVISIONS
SECTION __
The Code Commissioner is directed to include all permanent general laws in this Part in the next edition of the Code of Laws of South Carolina, 1976, and all supplements to the Code.
TO AMEND THE 1976 CODE BY ADDING SECTION 48-46-45 SO AS TO PROVIDE THAT THIS STATE AUTHORIZES AND THE COMMISSIONERS TO THE ATLANTIC INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT SHALL CAST ANY APPLICABLE VOTES TO APPROVE THE IMPORTATION OF ADDITIONAL LOW-LEVEL WASTE AND PROVIDE A PAYMENT TO THE STATE FOR THE DISPOSAL OF THIS WASTE AND PROVIDE FOR THE APPROPRIATION OF THE DISPOSAL FUNDS BY THE GENERAL ASSEMBLY ANNUALLY AND FOR FISCAL YEAR 2004-05.
Chapter 46, Title 48 of the 1976 Code is amended by adding:
"Section 48-46-45. (A) The State of South Carolina authorizes, and the South Carolina commissioners or alternate commissioners to the Atlantic Interstate Low-Level Radioactive Waste Compact shall cast any applicable votes to approve, the importation of up to 100,000 cubic feet of Class A low-level waste into the region for purposes of disposal at the regional disposal facility in South Carolina. This 100,000 cubic feet of waste is in addition to the 50,000 cubic foot cap provided for in fiscal year 2004-05 pursuant to the provisions of Section 48-46-40(A)(6)(a). The disposal site operator may sell this additional volume of disposal capacity as it considers appropriate and retain the proceeds from the sale, as long as the marketing activity does not impact negatively the Budget and Control Board's existing disposal commitments and projected disposal revenues. Notwithstanding another provision of the law, the disposal site operator shall submit a payment of $25,000,000 to the South Carolina Department of Revenue not later than June 30 of each fiscal year for deposit into the General Fund and appropriated therefrom as the General Assembly shall
(1) $6,000,000 - Budget and Control Board-employee benefits to be used toward funding the employer's share of the State Health Plan;
(2) $5,000,000 - Commission on Higher Education to be used for needs-based tuition grants;
(3) $5,000,000 - Department of Education to be used to purchase school buses;
(4) $5,000,000 - State Board of Technical and Comprehensive Education; and
(5) $4,000,000 - Department of Education to be used to fund the Education Finance Act.
(B) The appropriation for employee benefits is intended to reduce any increase that may be needed in the employee's share of the cost of health insurance.
(C) Nothing in this section may be construed to amend obligations of the disposal site operator to remit contributions to the Barnwell Extended Care Fund pursuant to Section 13-7-30, or contributions to the Decommissioning Trust Fund in accordance with the Decommissioning Trust Agreement dated March 24, 1981, as amended." /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
Senator RICHARDSON asked unanimous consent to make a motion to perfect the amendment.
Senator LEATHERMAN objected.
Senator THOMAS continued explaining the amendment.
Senator RICHARDSON asked unanimous consent to make a motion to perfect the amendment.
Senator COURSON objected.
Senator THOMAS continued explaining the amendment.
Senator COURSON argued contra to the adoption of the amendment.
Senator COURSON moved to lay the amendment on the table.
The amendment was laid on the table.
On motion of Senator McCONNELL, with unanimous consent, debate was interrupted by adjournment.
On motion of Senator KNOTTS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Dan F. Miller of West Columbia, S.C., beloved husband of Dottie Miller, Administrative Assistant to Sgt.-at-Arms Jim Melton. Mr. Miller passed away on June 12, 2003, while the Senate was not in session.
At 5:50 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 10:00 A.M.
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