Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of Psalms 133:1:
"Behold, how good and how pleasant it is for brethren to dwell together in UNITY."
Let us pray.
Holy Father, we join with the Catholic Church throughout the world in giving thanks for the life and labors of Pope John Paul II, who gave his life for the spiritual unity of all Your children - in a wonderful catholicity of faith and an ecumenical outreach of the Gospel of the Love of God, our Father!
We pray for the Gifts of the Spirit of God upon the College of Cardinals as they come together to elect a new Pope of the Church.
We pray for the unity of Your worldwide children and both sing and pray the old hymn, "Bind us together, Lord, Bind us together in love!"
Amen!
At 11:10 A.M., the PRESIDENT assumed the Chair.
At 11:12 A.M., on motion of Senator MARTIN, the Senate receded from business until 11:25 A.M., pending the presence of the members of the Committee on Finance.
At 11:30 A.M., the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator LEATHERMAN introduced Dr. Coleman Floyd of Florence, S.C., Doctor of the Day.
At 11:05 A.M., Senator CLEARY requested a leave of absence beginning at 12:00 P.M. today and lasting until 12:00 P.M. on Tuesday.
On motion of Senator PATTERSON, at 11:06 A.M., Senator FORD was granted a leave of absence for today.
At 2:04 P.M., Senator LAND requested a leave of absence for the balance of the day.
At 2:05 P.M., Senator MESCHER requested a leave of absence until 8:00 A.M. on Friday, April 8, 2005.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
S. 413 (Word version) -- Senators Hayes, Setzler and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-87 SO AS TO PROVIDE THAT SPEECH-LANGUAGE PATHOLOGISTS WHO HAVE RECEIVED NATIONAL CERTIFICATION FROM THE AMERICAN SPEECH-LANGUAGE HEARING ASSOCIATION (ASHA) OR WHO ARE LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION BEGINNING WITH FISCAL YEAR 2005-06, SHALL RECEIVE A PAY INCREASE OF SEVEN THOUSAND FIVE HUNDRED DOLLARS PER YEAR FOR THE LIFE OF THE CERTIFICATE OR LICENSE, SUBJECT TO FUNDING BEING PROVIDED BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
On motion of Senator SHEHEEN, with unanimous consent, the name of Senator SHEHEEN was added as a co-sponsor of S. 413.
S. 670 (Word version) -- Senators Elliott, Peeler, Leventis, Ford, Anderson, Malloy, O'Dell, Mescher, J. Verne Smith and Martin: A SENATE RESOLUTION TO EXPRESS THE SENTIMENT OF THE
Senator ELLIOTT asked unanimous consent to make a motion to recall the Resolution from the Committee on Labor, Commerce and Industry.
There was no objection.
Senator ELLIOTT asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Senate Resolution.
Senator ELLIOTT asked unanimous consent to adopt the Resolution.
There was no objection.
The Senate Resolution was adopted.
On motion of Senator DRUMMOND, the name of Senator DRUMMOND was added as a co-sponsor of S. 670.
H. 3856 (Word version) -- Reps. Govan, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers,
Senator THOMAS asked unanimous consent to make a motion to recall the Resolution from the Committee on Banking and Insurance.
There was no objection.
Senator THOMAS asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.
Senator THOMAS asked unanimous consent to adopt the Resolution.
There was no objection.
The Concurrent Resolution was adopted and ordered returned to the House.
The following were introduced:
S. 712 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SENATE OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF JOHN HENRY LAIRD, JR. OF NORTH AUGUSTA, AS A RESULT OF THE GRANITEVILLE TRAIN ACCIDENT, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.
S. 713 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF MR. WILLIE LEE TYLER OF AIKEN FOLLOWING THE TRAGIC TRAIN DERAILMENT IN GRANITEVILLE ON JANUARY 6, 2005,
The Senate Resolution was adopted.
S. 714 (Word version) -- Senators Leventis, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Lourie, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE SENATE UPON THE DEATH OF SCRIVEN SPENCER BRUNSON, JR. OF SUMTER COUNTY, WEDNESDAY, MARCH 30, 2005, AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.
S. 715 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MAY 4, 2005, AS JOHN DE LA HOWE SCHOOL DAY IN SOUTH CAROLINA ON THE OCCASION OF THE PREMIER ON THAT DAY OF A SOUTH CAROLINA EDUCATIONAL TELEVISION PRODUCED DOCUMENTARY FILM OUTLINING THE OUTSTANDING WORK ACCOMPLISHED AT THE JOHN DE LA HOWE SCHOOL IN MCCORMICK COUNTY.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 716 (Word version) -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. VICTOR C. JONES, DIRECTOR OF PUBLIC SAFETY FOR SUMTER COUNTY FOR MORE THAN THIRTY-TWO YEARS, FOR A DISTINGUISHED CAREER OF PUBLIC SERVICE, UPON THE OCCASION OF HIS RETIREMENT AND TO EXTEND TO HIM EVERY BEST WISH FOR A HAPPY AND ENJOYABLE RETIREMENT.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 717 (Word version) -- Senators Leventis and Land: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND MR. VICTOR C. JONES, DIRECTOR OF PUBLIC SAFETY FOR SUMTER COUNTY FOR MORE THAN THIRTY-TWO YEARS, FOR A DISTINGUISHED CAREER OF PUBLIC SERVICE, UPON THE OCCASION OF HIS RETIREMENT AND TO EXTEND TO HIM EVERY BEST WISH FOR A HAPPY AND ENJOYABLE RETIREMENT.
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The Senate Resolution was adopted.
S. 718 (Word version) -- Senators Sheheen and Elliott: A BILL TO AMEND SECTION 29-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, SO AS TO PROVIDE THAT THE WORK INCLUDED IN DETERMINING A MECHANICS' LIEN INCLUDES THE HAULING AND TRANSPORTING OF CONSTRUCTION AND DEMOLITION DEBRIS.
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Read the first time and referred to the Committee on Banking and Insurance.
S. 719 (Word version) -- Senator Fair: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS MAY UTILIZE INMATE LABOR UNTIL JULY 1, 2007, DURING THE CONSTRUCTION OR RENOVATION, OR BOTH, OF A FOOD SERVICE FACILITY AT THE STEVENSON CORRECTIONAL INSTITUTION AND THE RELOCATION OF A HOUSING UNIT FROM THE FORMER GREENWOOD WORK RELEASE FACILITY TO THE STEVENSON CORRECTIONAL INSTITUTION.
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Read the first time and referred to the Committee on Corrections and Penology.
S. 720 (Word version) -- Senators Ritchie and Richardson: A BILL TO AMEND CHAPTER 45, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VENTURE CAPITAL INVESTMENT ACT, SO AS TO ESTABLISH A VENTURE CAPITAL AUTHORITY WITHIN THE DEPARTMENT OF COMMERCE TO SOLICIT INVESTMENT PLANS FOR RAISING
Read the first time and referred to the Committee on Finance.
S. 721 (Word version) -- Senators McConnell, Knotts, Martin, Verdin, Land, Hutto, O'Dell and Fair: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT AND RETIREMENT ALLOWANCES FOR PURPOSES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ALLOW A SOLICITOR ELIGIBLE TO RETIRE WITH THE MAXIMUM RETIREMENT ALLOWANCE EQUAL TO NINETY PERCENT OF THE CURRENT SALARY OF A SOLICITOR TO RETIRE AND RECEIVE THIS RETIREMENT ALLOWANCE WHILE CONTINUING TO SERVE AS SOLICITOR, TO PROVIDE THAT A RETIRED SOLICITOR CONTINUING TO SERVE PAYS NO EMPLOYEE CONTRIBUTIONS, AND TO PROVIDE THAT EMPLOYER CONTRIBUTIONS MUST BE PAID AS IF THAT SOLICITOR WERE AN ACTIVE CONTRIBUTING MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS.
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Read the first time and referred to the Committee on Finance.
S. 722 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 62-2-204, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SURVIVING SPOUSE'S RIGHTS TO AN ELECTIVE SHARE, HOMESTEAD ALLOWANCE, AND EXEMPT PROPERTY, SO AS
Read the first time and referred to the Committee on Judiciary.
S. 723 (Word version) -- Senator Campsen: A BILL TO AMEND SECTIONS 12-24-10 AND 12-24-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO RECORDING OF DEEDS, SO AS TO PROVIDE THAT AN INSTRUMENT ALIENATING REALTY TO THE DISTRIBUTEE OF AN ESTATE IS NOT A DEED REQUIRING A RECORDING FEE OR AN AFFIDAVIT.
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Read the first time and referred to the Committee on Finance.
S. 724 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE SORROW OF THE SOUTH CAROLINA STATE SENATE AND TO HONOR THE MEMORY OF THE LATE STEVEN W. BAGBY, FORKLIFT OPERATOR AT THE GREGG PLANT OF AVONDALE MILLS IN AIKEN COUNTY, WHO LOST HIS LIFE AS A RESULT OF THE CATASTROPHIC TRAIN DERAILMENT ON JANUARY 6, 2005.
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The Senate Resolution was adopted.
S. 725 (Word version) -- Senator Cromer: A SENATE RESOLUTION TO COMMEND MASTER DEPUTY TERRY D. SNEAD OF THE LEXINGTON COUNTY SHERIFF'S DEPARTMENT FOR HIS DEDICATED SERVICE TO THE PEOPLE OF LEXINGTON COUNTY AND SOUTH CAROLINA AS A LAW ENFORCEMENT OFFICER, AND TO CONGRATULATE HIM ON THIS SPECIAL OCCASION OF HIS BEING SELECTED AS DEPUTY OF THE YEAR BY THE LEXINGTON COUNTY SHERIFF'S FOUNDATION.
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The Senate Resolution was adopted.
S. 726 (Word version) -- Senator Cromer: A SENATE RESOLUTION TO COMMEND CHIEF TIM JAMES OF THE LEXINGTON COUNTY SHERIFF'S DEPARTMENT FOR HIS DEDICATED SERVICE TO THE PEOPLE OF LEXINGTON COUNTY AND SOUTH
The Senate Resolution was adopted.
S. 727 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION HONORING THE 1935 CHESTERFIELD COUNTY RUBY HIGH SCHOOL GRADUATING CLASS, AS THEY CELEBRATE THEIR SEVENTIETH HIGH SCHOOL REUNION ON SATURDAY, APRIL 16, 2005.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 728 (Word version) -- Senator Williams: A SENATE RESOLUTION TO HONOR RAYMOND FELTON OF LATTA, SOUTH CAROLINA, FOR AN OUTSTANDING BASKETBALL SEASON WITH THE UNIVERSITY OF NORTH CAROLINA TARHEELS AND TO RECOGNIZE HIS EXCEPTIONAL PERFORMANCE IN LEADING THE TEAM TO CAPTURE THE NCAA CHAMPIONSHIP TITLE.
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The Senate Resolution was adopted.
S. 729 (Word version) -- Senators Lourie, Alexander, Anderson, Bryant, Campsen, Cleary, Courson, Cromer, Drummond, Elliott, Fair, Ford, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Reese, Richardson, Ritchie, Ryberg, Scott, Setzler, Sheheen, Short, J. Verne Smith, Thomas, Verdin and Williams: A SENATE RESOLUTION JOINING THE ENTIRE STATE OF SOUTH CAROLINA IN CONGRATULATING THE UNIVERSITY OF SOUTH CAROLINA GAMECOCKS ON THEIR 2005 NATIONAL INVITATION TOURNAMENT TITLE AND EXPRESSING THE STATE'S EXCITEMENT AT THE STELLAR 20-13 SEASON, BEHIND THE MEASURED DIGNITY AND COACHING FINESSE OF HEAD COACH DAVE ODOM.
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The Senate Resolution was adopted.
H. 3189 (Word version) -- Reps. Merrill, Brady, Scarborough, Cobb-Hunter, Whipper, Toole, Ballentine, Hagood, McLeod, R. Brown, Altman and Edge: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT OF ARTICLE 15, CHAPTER 7, TITLE 14, SO AS TO PROVIDE THAT THERE IS A NEED TO ENHANCE THE GRAND JURY SYSTEM TO IMPROVE THE ABILITY OF THE STATE TO DETECT AND INVESTIGATE VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BECAUSE OF ITS UNIQUE QUALIFICATIONS, MUST PLAY A SUBSTANTIAL ROLE IN THE INVESTIGATION OF ANY SUCH ALLEGED ENVIRONMENTAL OFFENSE; AND TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO EXTEND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY TO INCLUDE WILFUL CRIMINAL VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST MAKE A FORMAL WRITTEN RECOMMENDATION TO THE ATTORNEY GENERAL AND THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSIDERATION OF THE NEED TO IMPANEL A STATE GRAND JURY.
Read the first time and referred to the Committee on Judiciary.
H. 3402 (Word version) -- Reps. M. A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E. H. Pitts, G. R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST.
Read the first time and referred to the Committee on Judiciary.
H. 3787 (Word version) -- Reps. Taylor, M. A. Pitts and Duncan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 101 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 14 TO ITS INTERSECTION WITH INTERSTATE HIGHWAY 385 IN LAURENS COUNTY THE "CHARLES M. CULBERTSON MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CHARLES M. CULBERTSON MEMORIAL HIGHWAY".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 3817 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-168 SO AS TO AUTHORIZE AN OBJECT CONTAINING THE WORDS OF THE TEN COMMANDMENTS TO BE DISPLAYED ON REAL PROPERTY OWNED BY THE STATE ALONG WITH OTHER DOCUMENTS OF HISTORICAL SIGNIFICANCE THAT HAVE FORMED AND INFLUENCED THE UNITED STATES LEGAL OR GOVERNMENTAL SYSTEM.
Read the first time and referred to the Committee on Finance.
H. 3862 (Word version) -- Reps. Battle and M. Hines: A BILL TO AMEND ACT 197 OF 1991, AS AMENDED, RELATING TO THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO INCREASE THE NUMBER OF COMMISSIONERS FROM NINE TO ELEVEN AND TO PROVIDE FOR THE TERMS OF THE TWO NEW MEMBERS.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 3886 (Word version) -- Reps. G. M. Smith, G. Brown, Coates, J. H. Neal, Weeks, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard,
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3888 (Word version) -- Reps. J. E. Smith, Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO DIRECT THAT THE FLAGS ON THE STATEHOUSE DOME BE FLOWN AT HALF-STAFF ON FRIDAY, APRIL 8, 2005 OUT OF DEEPEST RESPECT FOR HIS HOLINESS POPE JOHN PAUL II.
Senator LOURIE asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
Senator McCONNELL spoke on the Resolution.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
S. 68 (Word version) -- Senators Short, Mescher, Gregory and Ford: A BILL TO AMEND SECTION 59-149-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR A LIFE SCHOLARSHIP, SO AS TO PROVIDE THE REQUIREMENTS FOR A HOME SCHOOLED STUDENT TO RECEIVE A LIFE SCHOLARSHIP.
Ordered for consideration tomorrow.
Columbia, S.C., April 7, 2005
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3634 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND SECTION 58-11-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A RADIO COMMON CARRIER TO CONSTRUCT OR OPERATE A RADIO COMMON CARRIER SYSTEM MUST FIRST OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FROM THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE COMMISSION MAY REGULATE "COMMERCIAL MOBILE SERVICE" PROVIDERS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 7, 2005
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3579 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING STATE CROP PEST COMMISSION ENFORCEMENT PROVISIONS, SO AS TO CLARIFY THOSE PERSONS TO WHOM CERTAIN PENALTIES MAY APPLY; AND TO ADD SECTION 46-33-100 SO AS TO PROVIDE THAT ANY PERSON SUBJECT TO TREE AND PLANT SHIPMENT PROVISIONS OF LAW OR OTHER PROVISIONS UNDER THE JURISDICTION OF THE STATE CROP PEST COMMISSION MAY BE ISSUED A STOP SALE, USE, AND DISTRIBUTION ORDER UNDER CERTAIN CONDITIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 6, 2005
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 212 (Word version) -- Senators McGill, Grooms, Ford, McConnell, Land, Leatherman, Moore, Reese, Drummond, Elliott, Peeler, O'Dell, Fair, Malloy, Leventis, Verdin, Jackson, Short, Patterson, Richardson, Gregory, Courson, Hayes, Ryberg, Anderson, Setzler, Alexander, Sheheen, Hawkins, J. Verne Smith, Cromer, Martin, Mescher, Knotts, Hutto, Thomas, Matthews, Rankin and Campsen: A BILL TO AMEND SECTION 50-11-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING WILD TURKEY, SO AS TO MAKE IT UNLAWFUL TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY FROM A WATERCRAFT ON THE WATERS OF THE STATE.
Received as information.
S. 212 (Word version) -- Senators McGill, Grooms, Ford, McConnell, Land, Leatherman, Moore, Reese, Drummond, Elliott, Peeler, O'Dell, Fair, Malloy, Leventis, Verdin, Jackson, Short, Patterson, Richardson, Gregory, Courson, Hayes, Ryberg, Anderson, Setzler, Alexander, Sheheen, Hawkins, J. Verne Smith, Cromer, Martin, Mescher, Knotts, Hutto, Thomas, Matthews, Rankin and Campsen: A BILL TO AMEND SECTION 50-11-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING WILD TURKEY, SO AS TO MAKE IT UNLAWFUL TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY FROM A WATERCRAFT ON THE WATERS OF THE STATE.
Whereupon, Senators GREGORY, McGILL and HUTTO were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 706 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF THEODORE "DOC" HOUGH OF DARLINGTON COUNTY UPON THE OCCASION OF HIS RETIREMENT AND TO WISH HIM GOOD HEALTH AND IMMENSE HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
Returned with concurrence.
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 ordered sent to the House of Representatives:
S. 588 (Word version) -- Senators Martin, Thomas, Bryant, McConnell, Alexander, Hayes and Malloy: A BILL TO AMEND CHAPTER 1 OF TITLE 35,
S. 690 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2943, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3602 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS THAT SOUTH CAROLINA MARINAS PROVIDE TO OUR CITIZENS AND VISITORS IN TERMS OF RECREATION, REST, AND RELAXATION AND TO DECLARE AUGUST 13, 2005, AS "NATIONAL MARINA DAY IN SOUTH CAROLINA".
The Concurrent Resolution was adopted, ordered returned to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3133 (Word version) -- Reps. Delleney, Harrison, Altman, Simrill, Taylor, Vaughn, Davenport, Sandifer, Barfield, Owens, E.H. Pitts, Rice, Clark, Walker, Toole, Viers, M.A. Pitts, Vick, Littlejohn, Coates, Wilkins and Mahaffey: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15, SO AS TO PROVIDE THAT MARRIAGE IS EXCLUSIVELY DEFINED AS THE UNION BETWEEN ONE MAN AND ONE WOMAN.
Senator MARTIN moved that the Joint Resolution be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Gregory Grooms Hawkins Hayes Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Peeler Rankin Reese * Richardson Ritchie Ryberg Scott Setzler Sheheen Short Smith, J. Verne Thomas Verdin Williams
Patterson
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The Resolution was made a Special Order.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 3007 (Word version) -- Reps. Wilkins, W.D. Smith, Harrell, Cato, Chellis, Harrison, Townsend, Witherspoon, G.R. Smith, Vaughn, Sandifer, Coates, Barfield, Young, Kirsh, Leach, E.H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Simrill, Mahaffey, Toole, Talley, Umphlett, Brady, Bailey, Hagood, Edge, Clemmons, Huggins, Neilson, Vick and Delleney: 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 GENERAL FUND REVENUE GROWTH FOR THE APPLICABLE FISCAL YEAR IS LESS THAN TWO PERCENT.
By prior motion of Senator LEATHERMAN, with unanimous consent, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
S. 618 (Word version) -- Senators Alexander, Setzler, Short, Verdin and Knotts: A BILL TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT TO REQUIRE A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURNS TO COVERED EMPLOYMENT TO PAY THE EMPLOYEE CONTRIBUTION FOR ACTIVE MEMBERS, TO ESTABLISH TWO CLASSES OF SERVICE FOR PERSONS BECOMING SOUTH CAROLINA RETIREMENT SYSTEM MEMBERS AFTER 2005 AND PROVIDE A RETIREMENT OPTION FOR THESE PERSONS AT ANY AGE WITH TWENTY-EIGHT YEARS OF CREDITABLE SERVICE WITH A PENALTY FACTOR FOR THEIR EARLY RETIREMENT, TO MAKE VARIOUS AMENDMENTS TO THE TERI PROGRAM, AND TO ESTABLISH THE RETIREMENT SYSTEM INVESTMENT COMMISSION AND PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES AS TRUSTEE OF THE ASSETS AND INVESTOR OF THE FUNDS OF THE STATE RETIREMENT SYSTEM. (ABBREVIATED TITLE)
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (618R001.WGR) proposed by Senators RYBERG and RICHARDSON and previously printed in the Journal of Tuesday, April 5, 2005. Amendment No. 1 was tabled.
Senator ALEXANDER explained the Bill.
Senator RYBERG spoke on the Bill.
Senator RYBERG explained Amendment No. 1.
At 1:21 P.M., Senator RICHARDSON made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator ALEXANDER moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant Campsen Courson Cromer Drummond Elliott Fair Gregory Grooms Hawkins
Hayes Hutto Knotts Land Leatherman Lourie Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Short Smith, J. Verne Thomas Verdin Williams
A quorum being present, the Senate resumed.
Senator RYBERG resumed arguing in favor of the adoption of the amendment.
Senator RYBERG moved that the amendment be adopted.
Senator ALEXANDER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Cromer Drummond Elliott Grooms Hayes Knotts Land Leatherman Lourie Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Reese Scott Setzler Sheheen Short Smith, J. Verne Thomas Verdin Williams
Campsen Fair Gregory Hawkins Richardson Ryberg
The amendment was laid on the table.
Senators RYBERG and RICHARDSON proposed the following Amendment No. 2 (618R002.), which was adopted:
Amend the bill, as and if amended, page 19 by striking lines 24 through 29 and inserting:
/ (C) A person may not be appointed to the commission unless the person possesses at least one of the following qualifications:
(1) the Chartered Financial Analyst credential of the CFA Institute;
(2) the Certified Financial Planner credential of the Certified Financial Planner Board of Standards;
(3) at least ten years professional securities broker experience;
(4) at least ten years professional actuarial experience;
(5) at least ten years professional teaching experience in economics or finance; or
(6) an earned Ph.D. in economics or finance. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
Senator RYBERG moved that the amendment be adopted.
The amendment was adopted.
Senators RYBERG and RICHARDSON proposed the following Amendment No. 3 (618R003.WGR), which was adopted:
Amend the bill, as and if amended, page 19 by striking lines 21 through 23 and inserting:
/ Each member shall receive three thousand dollars quarterly as compensation for his service on the commission during the preceding three months. Each member is allowed the mileage, subsistence, and
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
Senator RYBERG moved that the amendment be adopted.
The amendment was adopted.
Senators RYBERG and RICHARDSON proposed the following Amendment No. 4 (618R004.WGR), which was tabled:
Amend the bill, as and if amended, page 19 by striking lines 30 through 43 and Page 20 lines 1 through 6 and inserting:
/ (D)(1) The Retirement System Investment Commission is established to serve as the trustee of the retirement system and to invest the funds of the retirement system. All of the powers and duties of the State Budget and Control Board and State Treasurer with respect to the commission's function as trustee and investor in equity securities and the State Treasurer's function of investing in fixed income instruments are transferred to and devolved upon the Retirement System Investment Commission. To assist the commission in its investment function, it shall employ a chief investment officer, who under the direction and supervision of the commission, and as its agent, shall develop and maintain annual investment plans and invest and oversee the investment of retirement system funds. The chief investment officer serves at the pleasure of the commission and must receive the compensation the commission determines appropriate. The commission may employ the other professional, administrative, and clerical personnel it determines necessary and fix their compensation. All employees of the commission are employees-at-will. The compensation of the chief investment officer and other employees of the commission is not subject to the state compensation plan.
(2) The commission may not employ a person as the chief investment officer unless the person possesses at least one of the following qualifications:
(a) the Chartered Financial Analyst credential of the CFA Institute;
(b) the Certified Financial Planner credential of the Certified Financial Planner Board of Standards;
(c) at least ten years professional securities broker experience;
(d) at least ten years professional actuarial experience;
(e) at least ten years professional teaching experience in economics or finance; or
(f) an earned Ph.D. in economics or finance. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
Senator RYBERG moved that the amendment be adopted.
Senator ALEXANDER moved to lay the amendment on the table.
The amendment was laid on the table.
Senators RYBERG, RICHARDSON and RITCHIE proposed the following Amendment No. 5A (618R007.WGR), which was adopted:
Amend the bill, as and if amended, page 15 by striking, SECTION 1, lines 5 through 25 and inserting:
/ SECTION 1. Section 9-1-1310 of the 1976 Code is amended to read:
"Section 9-1-1310. (A) The board is the trustee of the funds of the system, and may shall invest and reinvest the these funds, subject to all the terms, conditions, limitations, and restrictions imposed by Article 7, Chapter 9, Title 11, upon the investment of sinking funds of the State, and, subject to like terms, conditions, and limitation, and restrictions, may hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which the funds created in this chapter have been invested, plus the proceeds of these investments and any monies belonging to these funds. Additionally, and without regard to the limitations imposed pursuant to Article 7, Chapter 9, Title 11, the board may invest and reinvest the funds of the system in equity securities of a corporation within the United States that is registered on a national stock exchange as provided in the Securities Exchange Act, 1934, or a successor act, or quoted through the National Association of Securities Dealers Automatic Quoting System, or similar service Section 16, Article X of the South Carolina Constitution, subsection (B) of this section, and Chapter 16 of this Title.
(B) Except as prohibited by Section 16, Article X of the South Carolina Constitution and Chapter 16 of this Title, the funds of the system may be invested in, including but not limited to, the following:
(1) bonds of this State, other states of the United States, the United States, or any political subdivisions or agency thereof;
(2) banks and savings and loan institutions;
(3) top-rated commercial paper;
(4) funds of funds;
(5) foreign certificates of deposit;
(6) short-term debt;
(7) investment trust securities;
(8) real estate securities;
(9) foreign fixed-income obligations;
(10) futures and options regulated by the United States Securities and Exchange Commission;
(11) private equity;
(12) domestic and foreign group trusts;
(13) investment vehicles of Federal Deposit Insurance;
(14) bonds of foreign countries designated industrialized by the International Monetary Fund;
(15) collateralized mortgage obligations;
(16) World Bank bonds;
(17) debt of the United States or Canadian corporations collateralized at least fifty percent;
(18) equipment trust debt;
(19) purchase money mortgages received for real estate; or
(20) real estate investment trusts.
(C) The funds and assets of the various state retirement systems are not funds of the State, but are instead held in trust as provided in Section 9-16-20." /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
Senator RYBERG moved that the amendment be adopted.
Senator THOMAS argued contra to the adoption of the amendment.
Senator RICHARDSON argued in favor of the adoption of the amendment.
Senator THOMAS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Land Mescher Smith, J. Verne Thomas
Anderson Bryant Campsen Courson Cromer Drummond Elliott Fair Gregory Grooms Hawkins Hayes Hutto Knotts Leatherman Lourie Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Peeler Rankin Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Short Verdin Williams
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
I opposed this amendment because:
I. The matter of investment liberalization was previously voted down by the public of SC in a proposed constitutional change two years ago.
II. This liberalization of the investment portfolio of the state's retirement fund under this amendment is wide open. For instance, international investments are unlimited.
III. There is no requirement that the investments made are part of an established stock exchange system - such as the New York Stock Exchange. Hence, investments could be made into highly questionable companies not listed on an established exchange.
Senator REESE proposed the following Amendment No. 6A (REESE.618-2), which was adopted:
Amend the bill, as and if amended, Part II, page 8, by adding an appropriately numbered section at the end to read:
/ SECTION ___. 9-1-1790 (A) of the 1976 Code, as last amended by Act 25 of 2001, is further amended to read:
"(A) A retired member of the system who has been retired for at least sixty days may return to employment covered by the system. and earn up to fifty thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned fifty thousand dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. If a retired member of the system returns to employment covered by the system sooner than sixty days after retirement, the member's retirement allowance is suspended while the member remains employed by the participating employer. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member." /
Renumber sections to conform.
Amend title to conform.
Senator REESE explained the amendment.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 7 (GGS\22056HTC05), which was adopted:
Amend the bill, as and if amended, in Section 9-1-1520(B), as contained in Part III, SECTION 2, page 9, line 19, by striking / ______ / and inserting / twelve /
Amend further, in Section 9-1-1020, as contained in Part III, Section 4, page 10, by striking lines 42 and 43 and inserting / eight and sixty-six hundredths percent of earnable compensation." /
Amend further, in Section 9-1-1550(C)(1)(b), as contained in Part III, Section 8, page 14, by striking line 17 and inserting:
/ (b) two and thirty-nine hundredths percent of his /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senators RYBERG and RICHARDSON proposed the following Amendment No. 8 (618R012.WGR), which was adopted:
Amend the bill, as and if amended, page 25 by striking lines 7 through 10 and inserting:
/ SECTION 8. Upon implementation of the provisions of this Part, it is the intent of the General Assembly that the Retirement System Investment Commission shall seek to maximize the rate of return on retirement system assets. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
Senator PATTERSON proposed the following Amendment No. 9 (GGS\22054HTC05), which was adopted:
Amend the bill, as and if amended, in Article 3, Chapter 16, Title 9 of the 1976 Code, as contained in Part IV, Section 5, page 23, by inserting immediately before Section 9-16-350:
/ Section 9-16-345. In hiring and procurement, and consistent with its duties as trustee and fiduciary, the commission shall strive to assure that minorities and minority-owned businesses are represented. /
Renumber sections to conform.
Amend title to conform.
Senator PATTERSON explained the amendment.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 10A (618R017.NGS), which was adopted:
Amend the bill, as and if amended, page 19, line 29, by adding a new sentence at the end of subsection (C) to read:
/ (C) No person may be appointed or continue to serve who is an elected or appointed officer or employee of the State or any of it political subdivisions, including school districts. /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senators SETZLER, WILLIAMS and MALLOY proposed the following Amendment No. 12 (618-SETZLER-3), which was adopted:
Amend the bill, as and if amended, page 8, line 6 by striking and inserting the following:
/of law, a program participant who began TERI participation after/
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senators SHORT and HUTTO proposed the following Amendment No. 13 (618-SHORT), which was adopted:
Amend the bill, as and if amended, page 22, line 24, by striking and inserting the following:
/ makes amendments as it considers appropriate. The plan must include the minimum and maximum portions of system assets that may be allocated to equity investments on an ongoing basis not to exceed seventy percent. /
Renumber sections to conform.
Amend title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 15A (618-HUTTO-4), which was withdrawn:
Amend the bill, as and if amended, page 8, lines 5 through 15 by striking and inserting the following:
/ (2) With the exception of certified public school district educators returning to work and notwithstanding Section 9-1-1790 or any other provision of law, a program participant who terminates employment after June 30,2005, is ineligible to be employed by an employer covered under this chapter or Chapter 11 of this title. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator MATTHEWS argued in favor of the adoption of the amendment.
On motion of Senator HUTTO, with unanimous consent, the amendment was withdrawn.
Senator RYBERG proposed the following Amendment No. 20 (618R005.WGR), which was tabled:
Amend the bill, as and if amended, page 5 by striking line 17 and inserting:
/ the specified program period. The program is closed to new participants effective July 1, 2005. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
Senator ALEXANDER argued contra to the adoption of the amendment.
Senator RYBERG spoke on the amendment.
Senator RICHARDSON spoke on the amendment.
Senator SETZLER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Campsen Courson Cromer Drummond Elliott Grooms Hawkins Hayes Hutto Knotts Land Leatherman Lourie Malloy Matthews McConnell McGill Moore O'Dell Patterson Rankin Reese Scott Setzler Short Smith, J. Verne Verdin Williams
Bryant Fair Gregory Martin Peeler Richardson Ritchie Ryberg Sheheen Thomas
The amendment was laid on the table.
Senator RYBERG proposed the following Amendment No. 22A (618R015.WGR), which was tabled:
Amend the bill, as and if amended, page 8 by striking PART III in its entirety and inserting:
South Carolina Retirement System
Thirty Years Credit Service
SECTION 1. Section 9-1-1510(2) of the 1976 Code is amended to read:
"(2) attained the age of sixty years or has twenty-eight thirty or more years of creditable service; and"
SECTION 2. Section 9-1-1515 of the 1976 Code is amended to read:
"Section 9-1-1515. (A) In addition to other types of retirement provided by this chapter, a member may elect early retirement if the member:
(1) has five or more years of earned service;
(2) has attained the age of fifty-five years;
(3) has at least twenty-five years of creditable service; and
(4) has separated from service.
A member electing early retirement shall apply in the manner provided in Section 9-1-1510.
(B) The benefits for a member electing early retirement under this section must be calculated in the manner provided in Section 9-1-1550, except that in lieu of any other reduction factor, the member's early retirement allowance is reduced by four percent a year, prorated for periods less than one year, for each year of creditable service less than twenty-eight thirty.
(C) A member who elects early retirement under this section is ineligible to receive any cost-of-living increase provided by law to retirees until the second July first after the date the member attains age sixty; or the second July first after the date the member would have twenty-eight thirty years' creditable service had he not retired, whichever is earlier.
(D)(1) Except as provided in item (2) of this subsection, a member who elects early retirement under this section is not covered by the State Insurance Benefits Plan until the earlier of:
(a) the date the member attains age sixty, or
(b) the date the member would have twenty-eight thirty years' creditable service had he not retired.
(2) A member taking early retirement may maintain coverage under the State Insurance Benefits Plan until the date his coverage is reinstated pursuant to item (1) of this subsection by paying the total premium cost, including the employer's contribution, in the manner provided by the Division of Insurance Services of the State Budget and Control Board."
SECTION 3. Section 9-1-1550 of the 1976 Code is amended to read:
"Section 9-1-1550. (A) Upon retirement from service on or after July 1, 1964, a Class One member shall receive a service retirement allowance, which shall consist of:
(1) an employee annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and
(2) an employer annuity equal to the employee annuity allowable at the age of sixty-five years or at age of retirement, whichever is less, computed on the basis of contributions made prior to the age of sixty-five years; and
(3) if he has a prior service certificate in full force and effect, an additional employer annuity which must be equal to the employee annuity which would have been provided at age sixty-five or at age of retirement, whichever is less, by twice the contributions which he would have made during his entire period of prior service had the system been in operation and had he contributed thereunder during such entire period.
Upon retirement from service after December 31, 2000 June 30, 2005, a Class One member shall receive a service retirement allowance computed as follows: If the member's service retirement date occurs on or after his sixty-fifth birthday, or after he has completed twenty-eight thirty or more years of creditable service, the allowance must be equal to one and forty-five hundredths percent of his average final compensation multiplied by the number of years of his creditable service.
If the member's service retirement date occurs before his sixty-fifth birthday and before he completes twenty-eight thirty years of creditable service, his service retirement allowance is computed as above, but is reduced by five-twelfths of one percent thereof for each month by which his retirement date precedes the first day of the month, prorated for periods less than a month, coincident with or next following his sixty-fifth birthday.
Notwithstanding the foregoing provisions, any Class One member who retires on or after July 1, 1976, shall receive not less than the benefit provided under the formula in effect before July 1, 1976.
(B) Upon retirement from service after December 31, 2000 June 30, 2005, a Class Two member shall receive a service retirement allowance computed as follows:
(1) If the member's service retirement date occurs on or after his sixty-fifth birthday or after he has completed twenty-eight thirty or more years of creditable service, the allowance must be equal to one and eighty-two hundredths percent of his average final compensation, multiplied by the number of years of his creditable service.
(2) If the member's service retirement date occurs before his sixty-fifth birthday and before he completes the twenty-eight thirty
(3) Notwithstanding the foregoing provisions, a Class Two member whose creditable service began before July 1, 1964, shall receive not less than the benefit provided by subsection (A) of this section."
SECTION 4. Section 9-1-1660(A)(3) of the 1976 Code is amended to read:
"(3) has either attained the age of sixty years or has accumulated fifteen years or more of creditable service, elect to receive in lieu of the accumulated contributions an allowance for life in the same amount as if the deceased member had retired at the time of the member's death and had named the person as beneficiary under an election of Option B of Section 9-1-1620(A). For purposes of the benefit calculation, a member under age sixty with less than twenty-eight thirty years' credit is assumed to be sixty years of age."
SECTION 5. Section 9-1-1770 of the 1976 Code is amended to read:
"Section 9-1-1770. Effective July 1, 1968, there shall be created the Preretirement Death Benefit Program, which shall be effective as of that date to all employers under the System except counties, municipalities and other political subdivisions, as well as those State departments, agencies or other institutions which pay directly to the System the total employer contributions for the participating members in their employ.
The Program shall be available to those employers exempted in the preceding paragraph by written application of such employer. Applications shall be an irrevocable commitment to participate under the Program. For applications received by the System prior to October 1, 1968, the effective date of the coverage shall be July 1, 1968. For all other applications the effective date shall be July first next following the date of receipt by the System of the application.
Upon receipt of proof, satisfactory to the board, of the death of a contributing member in service who had completed at least one full year of membership in the System or of the death of a contributing member as a result of an injury arising out of and in the course of the performance of his duties regardless of length of membership, as of the effective date of his employer's participation, there must be paid to the
The Board is authorized to take such action as may be necessary to provide the death benefit under this section in the form of group life insurance upon a determination that to do so would guarantee a more favorable tax treatment of the benefit to beneficiaries to whom such benefit is payable.
Upon the death of a retired member after December 31, 2000 June 30, 2005, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death, otherwise to the retired member's estate, a life insurance benefit of one thousand dollars if the retired member had ten years of creditable service but less than twenty years, two thousand dollars if the retired member had twenty years of creditable service but less than twenty-eight thirty, and three thousand dollars if the retired member had at least twenty-eight thirty years of creditable service at the time of retirement, provided the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program.
Upon the death of a retired member after June 30, 2000, the life insurance benefit otherwise due the member's beneficiary, beneficiaries, or estate under the above paragraph is increased as follows: one thousand dollars is increased to two thousand dollars; two thousand dollars is increased to four thousand dollars; and three thousand dollars is increased to six thousand dollars."
SECTION 6. Section 9-1-1850 of the 1976 Code is amended to read:
"Section 9-1-1850. A member who has at least twenty-five years of creditable service may elect to receive up to three five years of additional service credit as though the additional service credit were rendered by the member as an employee or member upon paying into the member's retirement system, during the ensuing number of years the member wishes to purchase in the manner the Comptroller General shall direct, the employer and employee contributions that would be due for the position that the member presently holds at the salary level in effect during those years. If the position is consolidated or eliminated after the member's retirement, the member shall pay the employer and employee contributions during the remaining required years at a level equal to what these contributions were for the position before its consolidation or elimination. The member also shall pay the employer and employee cost for health and dental insurance in effect during the ensuing years the member wishes to purchase. The additional service credit qualifies the member for retirement and the member must terminate employment within ninety days after electing the option provided by this section. The salary level of the position the member presently holds, during the ensuing years the member pays the employer and employee contributions, is attributable to the member for purposes of determining the member's average final compensation.
The retirement benefits of the member shall not commence until the time benefits would have been paid when the member had completed twenty-eight thirty years of service.
The option allowed by this section cannot be exercised if the member has purchased nonqualified service pursuant to Section 9-1-1140(E)."
SECTION 8. This Part takes effect upon approval by the Governor and applies with respect to applications for retirement filed with the South Carolina Retirement System after June 30, 2005, and in the case of Section 9-1-1770 of the 1976 Code, as amended in this act, for retired members of the South Carolina Retirement System dying after June 30, 2005. This Part does not apply to any member vested in the state retirement system as of the effective date established by this SECTION for this Part. /
Amend the bill further, as and if amended, Page 26 by striking lines 9 through 15 and inserting:
Miscellaneous
SECTION 1. Article 17, Chapter 1, Title 9 of the 1976 Code is repealed effective July 1, 2010, for all purposes except the distribution of program accounts existing on that date. The provisions of this
Effective Date
SECTION 1. This act takes effect July 1, 2005. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
Senator ALEXANDER spoke on the amendment.
Senator ALEXANDER moved to lay the amendment on the table.
The amendment was laid on the table.
Senator REESE proposed the following Amendment No. 24 (REESE-618), which was tabled:
Amend the bill, as and if amended, page 4, by striking lines 5 through 10 by striking and inserting the following:
/ "(C) A member retiring after June 30, 2005, shall pay to the system the employee contribution for active members if an employer participating in the system employs the retired member. The retired member does not accrue additional service credit in the system by reason of the contributions required pursuant to this subsection and subsection (B) of this section." /
Amend the bill further, as and if amended, page 5, lines 37, 38 and 39 by striking and inserting the following:
/ employee. Employees electing to participate in the program after June 30, 2005, shall pay the system the employee contribution for active members. The program participant does not accrue additional service credit in the system. /
Renumber sections to conform.
Amend title to conform.
Senator REESE explained the amendment.
Senator ALEXANDER moved to lay the amendment on the table.
The amendment was laid on the table.
Senators CAMPSEN, GROOMS, BRYANT and RITCHIE proposed the following Amendment No. 25 (SWB\6467SJ05), which was withdrawn:
Amend the bill, as and if amended, in Section 9-1-2210, as contained in Part II, Section 2.B, page 8, by adding an appropriately lettered subsection at the end to read:
/ ( ) Notwithstanding the provisions of subsection (A) of this section, a person is not eligible to participate in the program established by this section unless that person was a member of the South Carolina Retirement System and had contributions on account with that system before July 1, 2005. /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
On motion of Senator CAMPSEN, with unanimous consent, the amendment was withdrawn.
Senator RITCHIE proposed the following Amendment No. 26 (MS\ 7717HTC05), which was adopted:
Amend the bill, as and if amended, page 26 by inserting immediately before / PART VI / beginning on line 8
Severability Clause
SECTION 1. If any part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other parts, sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
Senator RYBERG proposed the following Amendment No. 28 (618R019.WGR), which was tabled:
Amend the bill, as and if amended, page 25, line 11, by inserting an appropriately numbered section:
/ SECTION ___. A comprehensive analysis of the system and the system's investment record must be conducted and a complete report of the analysis produced. The report shall be given to the General Assembly not later than two years after the effective date of this act. The TERI program must terminate two years after the effective date of this act unless extended by affirmative action of the General Assembly. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
Senator ALEXANDER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Campsen Courson Cromer Drummond Elliott Grooms Hayes Hutto Knotts Land Leatherman Lourie Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Rankin Reese Ritchie Scott Setzler Sheheen Short Smith, J. Verne Verdin Williams
Bryant Fair Gregory Hawkins Peeler Richardson Ryberg
The amendment was laid on the table.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
The Bill was returned to the status of Special Order.
Senator LEATHERMAN asked unanimous consent to make a motion that the Bill be given a third reading on the next legislative day.
Senator HUTTO objected.
By prior motion of Senator McCONNELL, the Senate agreed to go into Executive Session.
On motion of Senator McCONNELL, the seal of secrecy was removed and the Senate reconvened.
On motion of Senator MALLOY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Johnnie L. Cochran, Jr. of Los Angeles, California, well-known criminal attorney famous for celebrity cases and clientele.
At 3:21 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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