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 recorded in the Book of Revelation, Chapter 3:18, to the Church in Laodicea:
"Therefore, I counsel you to buy from me gold, refined by the fire of sacrifice, that you may be rich..."
Let us pray.
Father, we thank You for those who have lived before us, and by their sacrifices have made a down payment for the establishment of our State.
We pray that our decisions in these days may be guided by the Holy Spirit as we set out to write our budget for the coming year, ever mindful of the needs of us all.
Amen!
The PRESIDENT Pro Tempore called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointment was transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Berkeley County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
James A. Polk, 1111 Hollybrooke Drive, Moncks Corner, S.C. 29461 VICE Joseph Jefferson
The following was received:
Document No. 2965
Agency: Department of Insurance
SUBJECT: Agent Fees for DMV Compliance
Received by Lieutenant Governor March 15, 2005
S. 140 (Word version) -- Senators Hayes and Campsen: A BILL TO AMEND SECTION 12-6-3535 OF THE 1976 CODE, AS AMENDED, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED TAXPAYERS MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, TO EXTEND THE CREDIT TO LICENSE TAXES AND TO CLARIFY THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES.
Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Committee on Finance and order the Bill placed on the Calendar.
There was no objection.
The Bill was recalled from the Committee on Finance and placed on the Calendar for consideration tomorrow.
S. 489 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES, RETIREES, AND THEIR DEPENDENTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND THIS ELIGIBILITY TO THE CHILDREN'S TRUST FUND.
Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Committee on Finance and order the Bill placed on the Calendar.
There was no objection.
The Bill was recalled from the Committee on Finance and placed on the Calendar for consideration tomorrow.
S. 784 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN
Senator CROMER asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled from the Committee on Judiciary.
Senator CROMER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator CROMER asked unanimous consent to give the Bill a second reading.
There was no objection and the Bill was read the second time.
On motion of Senator CROMER, S. 784 was ordered to receive a third reading on Wednesday, April 27, 2005.
H. 3857 (Word version) -- Reps. Jennings, Townsend, Neilson, 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, 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, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer,
Senator MALLOY asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
There was no objection.
The Concurrent Resolution was recalled from the Committee on Transportation.
Senator MALLOY asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Concurrent Resolution.
On motion of Senator MALLOY, with Unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.
S. 628 (Word version) -- Senators Knotts, Short, Land, Ritchie, Setzler, Hutto, Cromer, Scott, Mescher, Jackson, Rankin and Hawkins: A BILL TO AMEND SECTION 40-45-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATING OR RESTRICTING RIGHTS OF PHYSICAL THERAPISTS TO PRACTICE WITHIN THE SCOPE OF THEIR STATUTORY AUTHORITY, SO AS TO ALSO PROVIDE THAT PROVISIONS OF THE PHYSICAL THERAPY PRACTICE ACT MAY NOT BE CONSTRUED TO
Senator PEELER asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.
Senator RYBERG objected.
The following were introduced:
S. 787 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROCLAIM MAY 7, 2005, AS "CHARLESTON RIFLE CLUB DAY" IN THE STATE OF SOUTH CAROLINA BASED ON THE CLUB'S ONE HUNDRED FIFTY YEAR HISTORY OF IMPROVING THE COMMUNITY AND CELEBRATING FELLOWSHIP.
l:\s-jud\bills\mcconnell\jud0088.gfm.doc
On motion of Senator MARTIN, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 788 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11, CHAPTER 36 OF TITLE 12 SO AS TO IMPOSE AN ADDITIONAL TWO PERCENT STATEWIDE SALES, USE, AND CASUAL EXCISE TAX EQUAL TO TWO PERCENT GROSS PROCEEDS OF SALES, EXEMPTING FROM THIS ADDITIONAL TAX ITEMS OF PREPARED FOOD WHICH MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS; BY ADDING SECTION 11-11-155 SO AS TO ESTABLISH A SEPARATE FUND IN THE STATE TREASURY STYLED THE SCHOOL TAX MILLAGE EXEMPTION TRUST FUND TO RECEIVE THE REVENUES OF THE SALES TAX ADDED BY THIS ACT; BY ADDING SECTION 12-37-253 SO AS TO EXEMPT OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM PROPERTY TAXES IMPOSED FOR SCHOOL OPERATIONS AND TO REIMBURSE SCHOOL DISTRICTS FOR THE TAXES NOT COLLECTED BECAUSE OF THIS EXEMPTION FROM THE SCHOOL TAX MILLAGE TRUST FUND AND TO ALLOW A CREDIT AGAINST SCHOOL OPERATING TAXES
Senator THOMAS spoke on the Bill.
Read the first time and referred to the Committee on Finance.
S. 789 (Word version) -- Senator Fair: A BILL TO AMEND CHAPTER 1, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES BY ADDING SECTION 17-1-25, SO AS TO PROVIDE THAT AN INDIVIDUAL MAY NOT BE TRIED OR SENTENCED AS A YOUTHFUL OFFENDER IF THE INDIVIDUAL HAS ALLEGEDLY COMMITTED OR BEEN CONVICTED OF A VIOLENT CRIME, A CLASS A, B, C, OR D FELONY, ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE, CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, OR STALKING AND TO PROVIDE THAT AN INDIVIDUAL WHO IS SENTENCED AS A YOUTHFUL OFFENDER, CONTRARY TO THIS SECTION, MUST BE REFERRED TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES FOR PROPER DISPOSITION; AND TO AMEND SECTION 24-19-10, AS AMENDED, RELATING TO DEFINITION OF TERMS USED IN CONNECTION WITH THE CORRECTION AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO REVISE THE DEFINITION
Read the first time and referred to the Committee on Judiciary.
S. 790 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-447 SO AS TO PROVIDE THAT NO PERSON IN ANY DOCUMENT DELIVERED TO A CONSUMER BY MAIL OR OTHER FORM OF DELIVERY SOLICITING THE SALE OF SOME TYPE OF SERVICE OR PRODUCT MAY USE A DERIVATION OF THE NAME OF A STATE OR LOCAL GOVERNMENTAL ENTITY IN THE DOCUMENT WHICH A REASONABLE PERSON WOULD ASSUME IS AN OFFICIAL DOCUMENT FROM THAT GOVERNMENTAL ENTITY REQUIRING ACTION ON THE CONSUMER'S PART, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
l:\council\bills\gjk\20441sd05.doc
Read the first time and referred to the Committee on Judiciary.
S. 791 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-3-75 SO AS TO PROVIDE THAT WITH THE APPROVAL OF THE BOARD OF DIRECTORS OF THE COUNTY DEFENDER CORPORATION AND THE GOVERNING BODY OF THE COUNTY A PUBLIC DEFENDER AND EMPLOYEES IN THE OFFICE OF PUBLIC DEFENDER ARE DEEMED COUNTY EMPLOYEES, AND THE OFFICE OF PUBLIC DEFENDER IS DEEMED A COUNTY GOVERNMENT AGENCY, AND TO PROVIDE THAT THIS DESIGNATION MUST NOT BE CONSTRUED AS DIMINISHING THE AUTHORITY OR THE AUTONOMY OF THE COUNTY DEFENDER CORPORATION.
l:\council\bills\ggs\22116htc05.doc
Read the first time and referred to the Committee on Judiciary.
Senator FAIR from the Committee on Corrections and Penology polled out S. 601 favorable with amendment:
S. 601 (Word version) -- Senators Fair, Knotts, Thomas, Verdin, Cromer, O'Dell, Hayes, Land, Bryant, McGill and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14, TITLE 24 SO AS TO CREATE THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING TO PROVIDE THAT DECISIONS OF THE BOARD MUST BE RENDERED BY FIVE-MEMBER PANELS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO REMOVAL OF GUBERNATORIAL APPOINTEES FROM OFFICE, SO AS TO CONFORM THIS SECTION TO THE PROVISIONS OF THIS ACT; TO AMEND SUBARTICLE 17, ARTICLE 30, CHAPTER 7, TITLE 20, RELATING TO JUVENILE PAROLE AND AFTER CARE, SO AS TO PROVIDE THAT THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY SHALL DETERMINE THE RELEASE OF JUVENILE OFFENDERS WHO HAVE COMMITTED CLASS A, B, C, AND D FELONIES AND OTHER ENUMERATED OFFENSES, TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL DETERMINE THE RELEASE OF JUVENILES WHO HAVE COMMITTED STATUS OFFENSES, AND OTHER OFFENSES NOT UNDER THE PURVIEW OF THE SOUTH CAROLINA PARDON AND PAROLE AUTHORITY, AND TO TRANSFER THE REMAINING POWERS AND DUTIES OF THE JUVENILE PAROLE BOARD TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY; TO AMEND SECTIONS 20-7-6910, 20-7-7810, AND 20-7-7815, BOTH AS AMENDED, AND 20-7-8025, ALL RELATING TO PROVISIONS CONTAINING REFERENCES TO THE JUVENILE PAROLE BOARD, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; TO ADD SECTION 20-7-8522 SO AS TO PROVIDE THAT JUVENILE RECORDS MUST BE PROVIDED TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY FOR CONSIDERATION OF RELEASE FOR AN ADULT OFFENDER WHO HAD A JUVENILE RECORD; TO AMEND ARTICLE 1, CHAPTER 21, TITLE 24, RELATING TO THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO TRANSFER THE POWERS AND DUTIES OF THIS BOARD TO THE SOUTH
AYES
Fair Thomas Ford Ryberg Hawkins Courson Hayes Bryant Lourie Scott Sheheen
Anderson Pinckney
Patterson Gregory Leatherman Williams
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a majority favorable and Senators MATTHEWS and PATTERSON a minority unfavorable report on:
S. 638 (Word version) -- Senators Campsen, Grooms, Leventis, Bryant, Fair, Hayes and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "EQUAL ACCESS TO INTERSCHOLASTIC ACTIVITIES ACT" BY ADDING SECTION 59-65-49 SO AS TO PERMIT HOME SCHOOL STUDENTS TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES OF THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES PURSUANT TO CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a majority favorable with amendment and Senator LEVENTIS a minority unfavorable report on:
H. 3193 (Word version) -- Reps. W.D. Smith, Clemmons, Barfield, Viers, Edge, Miller, Anderson and Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-110 SO AS TO PROVIDE THAT A TECHNICAL EDUCATION INSTITUTION UNDER THE CONTROL OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION MAY CHANGE ITS NAME PURSUANT TO CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills 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. 3299 (Word version) -- Rep. Ceips: A BILL TO AMEND CHAPTER 23, TITLE 57 OF THE 1976 CODE OF LAWS, BY ADDING ARTICLE 4 SO AS TO ESTABLISH THE "OLD SHELDON CHURCH ROAD SCENIC BYWAY".
H. 3782 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE LITTLE PEE DEE RIVER AS A SCENIC RIVER.
H. 3392 (Word version) -- Reps. Toole, Clyburn, Jefferson, Limehouse, Vaughn, Pinson and Vick: A BILL TO AMEND SECTION 59-150-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION ASSISTANCE TO ATTEND A STATE TECHNICAL COLLEGE OR A TWO-YEAR INSTITUTION, SO AS TO PROVIDE THAT IF A STUDENT FEELS THAT HE WILL DEFINITELY NOT QUALIFY TO RECEIVE FEDERAL FINANCIAL AID, THE STUDENT MAY COMPLETE A SIMPLE FORM OF MINIMUM QUESTIONS TO DETERMINE IF THE STUDENT DEFINITELY WILL NOT QUALIFY TO RECEIVE FEDERAL FINANCIAL AID, AND IF SO, THE STUDENT IS EXEMPT FROM COMPLETING THE FREE APPLICATION FOR FEDERAL STUDENT AID.
H. 3413 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL EDUCATION", "VOCATIONAL TRAINING", "VOCATIONAL PROGRAMS", AND OTHERS TO "CAREER AND TECHNOLOGY EDUCATION", "CAREER AND TECHNOLOGY TRAINING", "CAREER AND TECHNOLOGY PROGRAMS", TO MAKE OTHER CORRESPONDING CHANGES, TO FURTHER PROVIDE FOR PROCEDURES REGARDING THE EXPENDITURE OF CERTAIN FUNDING, AND TO MAKE TECHNICAL CORRECTIONS.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 613 (Word version) -- Senators Fair and Hutto: A BILL TO AMEND SECTION 56-3-8000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT ORGANIZATIONS SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A PORTION OF THE FEES FOR THESE SPECIAL LICENSE PLATES MUST BE DISTRIBUTED TO THE ORGANIZATION THAT SPONSORS THE SPECIAL LICENSE PLATE, AND TO REVISE THE NUMBER OF PREPAID APPLICATIONS FOR A SPECIAL LICENSE PLATE AND THE DEPOSIT THAT MUST BE RECEIVED BY THE DEPARTMENT OF MOTOR VEHICLES FROM A NONPROFIT ORGANIZATION BEFORE A SPECIAL LICENSE PLATE MAY BE PRODUCED.
S. 47 (Word version) -- Senators Cromer, Elliott, Fair, Ford and Ritchie: A BILL TO AMEND SECTION 16-3-652, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-3-653, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF FIVE YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; AND TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO PROVIDE THAT AN ACTOR WHO HAS AT LEAST ONE PRIOR CONVICTION FOR A CRIME FOR WHICH THE ACTOR MUST REGISTER AS A SEX OFFENDER PURSUANT TO SECTION 23-3-430 AND WHO ENGAGES IN SEXUAL BATTERY WITH A VICTIM WHO IS LESS THAN SIXTEEN YEARS OF AGE IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
S. 736 (Word version) -- Senators Ryberg and Peeler: A BILL TO AMEND SECTION 56-3-7780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF "VIETNAM WAR VETERANS SPECIAL LICENSE PLATES" SO AS TO PROVIDE THAT ONLY VIETNAM WAR VETERANS WHO SERVED ON
S. 778 (Word version) -- Senators Drummond and O'Dell: A BILL TO AMEND SECTION 7-7-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF GREENWOOD COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
S. 100 (Word version) -- Senator Richardson: A BILL TO AMEND THE CODE OF LAWS Of SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-280 SO AS TO PROVIDE DIFFERENT SALARY SUPPLEMENTS FOR TEACHERS CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS, PROVIDE FOR LOANS TO TEACHERS FOR THE NATIONAL BOARD CERTIFICATION APPLICATION FEE, PROVIDE FOR FORGIVENESS OF THE LOANS PURSUANT TO CERTAIN CONDITIONS, AND PROVIDE FOR THE APPROPRIATION OF FUNDS; BY ADDING SECTION 59-25-290 SO AS TO PROVIDE FOR THE CREATION OF A COMMISSION TO DETERMINE NECESSARY CHANGES TO THE SALARY SCHEDULE FOR TEACHERS AND PROVIDE ITS COMPOSITION; AND TO AMEND SECTION 59-18-1530, RELATING TO TEACHER SPECIALISTS, SO AS TO PROVIDE GUIDANCE IN THE CALCULATION OF COMPENSATION FOR TEACHER SPECIALISTS.
Senator HAYES explained the Bill.
S. 114 (Word version) -- Senators Ritchie, Richardson and Fair: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC
S. 128 (Word version) -- Senators Malloy, Knotts, Elliott, Richardson and Ford: A BILL TO AMEND SECTION 59-150-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION LOTTERY ACT, SO AS TO PERMIT THE SALE OF LOTTERY TICKETS ON GENERAL OR PRIMARY ELECTION DAYS.
S. 137 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 20-7-420 OF THE 1976 CODE, RELATING TO THE JURISDICTION OF THE FAMILY COURT, TO PROVIDE THAT THE FAMILY COURT MAY ORDER THAT CUSTODY OF A MINOR CHILD BE AWARDED TO THE CHILD'S DE FACTO CUSTODIAN UNDER CERTAIN CIRCUMSTANCES; AND TO ADD SECTION 20-7-1540, TO DEFINE "DE FACTO CUSTODIAN" AND TO SPECIFY THE CIRCUMSTANCES UNDER WHICH CUSTODY OF A MINOR CHILD MAY BE AWARDED TO A DE FACTO CUSTODIAN.
The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:
S. 786 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR FLORENCE COUNTY SCHOOL DISTRICT 4 TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED NINE HUNDRED THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MUST BE ISSUED, AND THE PURPOSE FOR WHICH THE PROCEEDS MUST BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
By prior motion of Senator LAND
S. 765 (Word version) -- Senator Gregory: A BILL TO REPEAL SECTION 47-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSAL OR REMOVAL OF FERAL DOGS FROM CERTAIN PROPERTY; SECTION 47-3-320, RELATING TO TRAINING OF CONSERVATION OFFICERS TO REMOVE DOGS; SECTION 47-3-510, RELATING TO THE AUTHORITY OF AN OWNER OF A HUNTING DOG TO REGISTER THE DOG WITH THE DEPARTMENT OF NATURAL RESOURCES; SECTION 50-1-20, RELATING TO DEFINITION OF HUNTERS AND HUNTING; SECTION 50-3-360, RELATING TO EMPLOYMENT OF DEPUTY OFFICERS IN GAME ZONE 2; SECTION 50-3-396, RELATING TO THE USE OF AN OFFICIAL SUMMONS FOR LITTERING VIOLATIONS; SECTION 50-5-2517, RELATING TO PROHIBITED ACTS IN CONNECTION WITH A DOLPHIN OR PORPOISE; SECTION 50-11-30, RELATING TO EXTENSION OF HUNTING SEASONS OPENING OR CLOSING ON SUNDAY; SECTION 50-11-1070, RELATING TO AUTHORITY TO KILL BOBCATS WITHOUT A LICENSE; SECTION 50-13-60, RELATING TO THE DEPARTMENT'S AUTHORITY TO DECLARE A CLOSED SEASON ON FISH IN STREAMS ON RECOMMENDATION OF COUNTY LEGISLATIVE DELEGATIONS; SECTION 50-13-70, RELATING TO NOTICE OF A SEASON CLOSED PURSUANT TO SECTION 50-13-60; SECTION 50-13-80, RELATING TO CONDUCT WHICH IS PRIMA FACIE EVIDENCE OF VIOLATING A SEASON CLOSED PURSUANT TO SECTION 50-13-60; SECTION 50-13-120, RELATING TO NO SIZE LIMIT ON FRESH-WATER GAME FISH OR COLD-WATER TROUT; SECTION 50-13-350, RELATING TO UNLAWFUL FISHING OR TRESPASSING IN PRIVATE ARTIFICIAL PONDS USED TO BREED FISH OR OYSTERS; SECTION 50-13-980, RELATING TO PRESUMPTIONS FROM POSSESSION OF FISH IN EXCESS OF LEGAL LIMITS; SECTION 50-13-1760, RELATING TO SALE OF WHITE PERCH AND INVOICES REQUIRED FOR IMPORTED FISH; SECTIONS 50-19-750, 50-19-760, 50-19-960, 50-19-1160, 50-19-1170, 50-19-1180, 50-19-1510, AND 50-19-2310, ALL RELATING TO SPECIAL HUNTING AND FISHING PROVISIONS; SECTION 50-21-60, RELATING TO CERTAIN PERSONNEL, EXPENSES, AND SALARIES OF THE DEPARTMENT OF NATURAL
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (MS\7446AHB05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Sections 47-3-310, 47-3-320, 47-3-510, 50-1-20, 50-3-360, 50-3-396, 50-5-1711, 50-5-2517, 50-11-30, 50-11-1070, 50-13-60, 50-13-70, 50-13-80, 50-13-120, 50-13-350, 50-13-980, 50-13-1760, 50-19-750, 50-19-760, 50-19-960, 50-19-1160, 50-19-1170, 50-19-1180, 50-19-1510, 50-19-2310, and 50-21-60 of the 1976 Code are repealed.
SECTION 2. This act takes effect upon approval by the Governor, except that the repeal of Section 50-19-960 takes effect January 1, 2006. /
Renumber sections to conform.
Amend title to conform.
Senator GREGORY explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
Senator SHEHEEN desired to be recorded as voting against the second reading of the Bill.
S. 737 (Word version) -- Senator Ryberg: A BILL TO AMEND THE TITLE OF CHAPTER 2, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976; TO REPEAL SECTION 56-2-2740, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator HUTTO proposed the following amendment (737R002.CBH), which was adopted:
Amend the bill, as and if amended, page 2, line 41 by inserting:
/ (G) A farm vehicle, as defined in Section 56-1-2070(C)(2), is not a low speed vehicle for the purposes of this article. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 139 (Word version) -- Senators Hayes and Richardson: A BILL TO ENACT THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT BY ADDING ARTICLE 35 TO CHAPTER 7, TITLE 20 OF THE 1976 CODE, TO ADOPT A UNIFORM ACT REVISING PROCEDURES FOR ESTABLISHING AND ENFORCING CHILD CUSTODY AND VISITATION WHEN ONE OF THE PARTIES RESIDES IN THIS STATE AND THE OTHER DOES NOT; AND TO REPEAL SUBARTICLE 2, ARTICLE 9, CHAPTER 7 OF TITLE 20 RELATING TO THE UNIFORM CHILD CUSTODY JURISDICTION ACT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0139.002), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 28 in its entirety and inserting the following:
Amend the bill further, as and if amended, page 19 (lines 41-43) and page 20 (lines 1-27), by striking Sections 20-7-6078, 20-7-6080, and 20-7-6082 in their entirety and inserting the following:
/ Section 20-7-6078. (A) In a case arising under this article or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor may take any lawful action, including resorting to a proceeding under this subarticle or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child-custody determination if there is:
(1) an existing child-custody determination;
(2) a request to do so from a court in a pending child-custody proceeding;
(3) a reasonable belief that a criminal statute has been violated; or
(4) a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(B) A prosecutor acting under this section acts on behalf of the court and may not represent any party.
Section 20-7-6080. At the request of a prosecutor acting under Section 20-7-6078, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor with responsibilities under Section 20-7-6078.
Section 20-7-6082. If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor and law enforcement officers under Sections 20-7-6078 or 20-7-6080./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 417 (Word version) -- Senator Hayes: A BILL TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE MOST CURRENT VERSION OF THIS UNIFORM ACT AND TO FURTHER PROVIDE FOR UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT, INCLUDING CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES, AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM INTERSTATE FAMILY SUPPORT ACT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0417.002), which was adopted:
Amend the bill, as and if amended, by striking subsection 20-7-1060(B) on page 36, lines 7 through 10, and inserting:
/ (B) The Department of Social Services may determine that a foreign country or political subdivision has established a reciprocal
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3142 (Word version) -- Reps. White, Davenport, Mahaffey and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 33, TITLE 40 SO AS TO ENACT THE NURSE LICENSURE COMPACT WHICH ENTERS SOUTH CAROLINA INTO A MULTI-STATE NURSE LICENSURE COMPACT TO PROVIDE FOR THE RECIPROCAL PRACTICE OF NURSING AMONG THE STATES THAT ARE PARTIES TO THE COMPACT; TO PROVIDE FOR THE STANDARDS AND PROCEDURES THAT APPLY TO PRACTICING NURSING IN OTHER STATES PURSUANT TO THE COMPACT; TO PROVIDE FOR A COORDINATED LICENSURE INFORMATION SYSTEM FOR SHARING DATA AMONG THE COMPACT STATES AND TO PROVIDE PROCEDURES FOR DISPUTE RESOLUTION AND DISCIPLINARY ACTION; AND TO FURTHER PROVIDE FOR THE REGULATION OF NURSES LICENSED IN STATES THAT ARE PARTIES TO THE COMPACT; AND TO ADD SECTION 40-33-525 SO AS TO REQUIRE, BEGINNING JANUARY 1, 2007, FOREIGN-EDUCATED APPLICANTS FOR LICENSURE AS A REGISTERED NURSE TO PASS THE NATIONAL COUNCIL LICENSURE EXAMINATION AND AN ENGLISH LANGUAGE PROFICIENCY TEST.
On motion of Senator SETZLER, the Bill was carried over.
H. 3347 (Word version) -- Reps. Scott, Cato, Tripp, J. Hines, Hosey, M. Hines, Vaughn, Bales, Battle, Branham, Breeland, R. Brown, Davenport, Hamilton, Haskins, Jennings, Leach, Loftis, Miller, Rhoad, Rivers and G.R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO
On motion of Senator MARTIN, the Bill was carried over.
S. 672 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS ON CERTAIN SALTWATER FISH, SO AS TO AUTHORIZE THE BOARD OF NATURAL RESOURCES TO ESTABLISH TAKE AND POSSESSION LIMITS AND SIZE LIMITS FOR ELEVEN SPECIFIC TYPES OR GROUPS OF SALTWATER FINFISH, TO PROVIDE FOR THE REVIEW, APPROVAL, NOTIFICATION, AND IMPLEMENTATION PROCEDURES IN REGARD TO THE ABOVE, TO PROVIDE THAT THESE PROCEDURES ARE IN LIEU OF THOSE FOR PROMULGATION OF REGULATIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT, AND TO PROVIDE THAT THIS AUTHORITY IS GRANTED TO THE BOARD FOR A PERIOD OF FIVE YEARS ONLY; AND TO AMEND SECTION 50-5-1710, AS AMENDED, RELATING TO SIZE LIMITS ON CERTAIN SALTWATER FISH, SO AS TO REVISE THE GAME FISH DESIGNATION FOR SALTWATER GAME FISH, TO PROVIDE FOR THE MANNER IN WHICH TAKE, POSSESSION, AND SIZE LIMITS APPLY TO CERTAIN
On motion of Senator ELLIOTT, the Bill was carried over.
S. 103 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO ENACT THE "SOUTH CAROLINA DIETETICS LICENSURE ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA BOARD OF DIETETICS AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS ENGAGING IN THE PRACTICE OF DIETETICS OR NUTRITION, INCLUDING ESTABLISHING CRITERIA FOR LICENSURE AND LICENSE RENEWAL; TO ESTABLISH THE SCOPE OF PRACTICE FOR DIETITIANS; AND TO PROVIDE GROUNDS FOR MISCONDUCT AND PENALTIES FOR MISCONDUCT, INCLUDING CRIMINAL PENALTIES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
Senate Medical Affairs Committee proposed the following amendment (NBD\11626AC05), which was adopted:
Amend the bill, as and if amended, page 2, immediately before line 10 by inserting:
/ Section 40-20-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to dietitians regulated or administered, or both, by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control. /
Amend the bill further by deleting Section 40-20-20(3) on page 2, lines 21-24 and inserting:
/ (3) 'Registered dietitian' means an individual who is registered by the Commission on Dietetic Registration of the American Dietetic Association. /
Amend the bill further by deleting Section 40-20-20(5) on page 2, lines 29-31 and inserting:
/ (5) 'Registered Dietetic Technician' means a person registered according to the criteria established for registered dietetic technicians by the Commission on Dietetic Registration of the American Dietetic Association. /
Amend the bill further, as and if amended, in Section 40-20-40(A), page 3, line 20, immediately after / Governor / by inserting / with the advice and consent of the Senate ;/
Amend the bill further Section 40-20-40(A), page 3, line 19 after / Dietetics / by inserting / under the administration of the Department of Labor, Licensing and Regulation /
Amend the bill further by deleting Section 40-20-50(4) and (5) on page 4, lines 19-26 and inserting:
/ (4) keep a register of all persons licensed. The register must include the name of every license holder and the last known place of employment and residence. The board annually shall compile and make available a list of dietitians licensed to practice in this State. An interested person may obtain a copy of this list upon request to the board and payment of an amount fixed by the board. /
Amend the bill further page 4, immediately after line 26 by inserting:
/ Section 40-20-55. The Department of Labor, Licensing and Regulation:
(1) shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 41-1-50;
(2) shall investigate complaints and violations of this chapter as provided for in Section 40-1-80;
(3) on behalf of the board and in accordance with Section 40-1-210, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter. /
Amend the bill further, as and if amended, in Section 40-20-60(3), page 4, by deleting on line 36 /post-baccalaureate / and inserting / baccalaureate /;
Amend the bill further Section 40-20-100(A), page 6, line 11 by deleting /./ and inserting /;/ and immediately after line 11 by inserting:
/ (11) engaging in any activity that is beyond the scope of practice of dietetics as set forth in this chapter. /
Amend the bill further by deleting SECTION 2 of the bill and inserting:
/SECTION 2. Persons engaging in the practice of dietetics or nutrition, as defined in this act, on this act's effective date are not required to comply with the requirements of this act; however, before July 1, 2009, such person must comply with continuing education requirements as may be established by the board in regulation.
SECTION 3. This act takes effect July 1, 2005./
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
The committee amendment was adopted.
On motion of Senator SETZLER, the Bill was carried over, as amended.
At 10:34 A.M., on motion of Senator MARTIN, the Senate receded from business not to exceed three minutes.
At 10:49 A.M., the Senate resumed.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3716, THE GENERAL APPROPRIATION BILL.
H. 3716--GENERAL APPROPRIATION BILL
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators J. VERNE SMITH, RITCHIE, HAWKINS and PEELER proposed the following Amendment No. 56 (JLBUSC UPSTATE.DOC), which was adopted (#1):
Amend the bill, as and if amended, Part IA, Section 5KC, U.S.C.-UPSTATE, page 54, line 11, by:
COLUMN 7 COLUMN 8
/ STRIKING: 13,111,798
and
INSERTING: 14,111,798 1,000,000/
Amend the bill further, as and if amended, Part IA, Section 5A, COMMISSION ON HIGHER EDUCATION, page 31, line 5, by:
COLUMN 7 COLUMN 8
/ STRIKING: 27,631,335 27,631,335
and
INSERTING: 26,631,335 26,631,335/
Amend the bill further, as and if amended, Part IB, page 512, Section 73, STATEWIDE REVENUE, paragraph 17, after line 28, by inserting:
/LIFE Scholarships $1,000,000;/
Amend the bill further, as and if amended, Part IB, page 513, paragraph 17, lines 4-5, by striking:
/H34 University of South Carolina - Upstate
Operating Expenses $1,000,000; /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator LEATHERMAN spoke on the amendment.
The amendment was adopted.
Senators McCONNELL, CAMPSEN and FORD proposed the following Amendment No. 4 (RWDOC - WORLD TRADE CENTER.DOC), which was adopted (#2):
Amend the bill, as and if amended, Part IA, Section 27, DEPARTMENT OF COMMERCE, page 168, line 13, by:
COLUMN 7 COLUMN 8
/ STRIKING: 1,652,186 1,652,186
and
INSERTING: 1,454,498 1,454,498/
Amend the bill further, as and if amended, Part IA, Section 27, page 168, by inserting after line 15
COLUMN 7 COLUMN 8
/SC World Trade Park
and Education Center 197,688 197,688/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator KNOTTS proposed the following Amendment No. 38 (RWSPOLETO FUNDING.DOC), which was adopted (#3):
Amend the bill, as and if amended, Part IA, Section 27, DEPARTMENT OF COMMERCE, page 168, line 31, by striking opposite
COLUMN 7 COLUMN 8
Spoleto/ 246,000 246,000/
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 164, by inserting after line 7
COLUMN 7 COLUMN 8
/Spoleto 246,000 246,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator KNOTTS explained the amendment.
Senator HUTTO spoke on the amendment.
The amendment was adopted.
Senator J. VERNE SMITH proposed the following Amendment No. 3 (GSA AMENDMENT.DOC), which was adopted (#4):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 336, paragraph 1.77, by striking line 24, and inserting:
/ literary, visual and performing arts subject areas who are otherwise considered to be appropriately qualified in a ratio of up to twenty-five /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
The amendment was adopted.
Senator RYBERG proposed the following Amendment No. 28 (3716R011.WGR.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 337, paragraph 1.83, by striking the proviso in its entirety, lines 8 - 10 and inserting:
/ 1.83. (SDE: National Board Certification Study) The Education Oversight Committee is directed to utilize appropriated funds to conduct a study of the effectiveness of National Board Certification in improving student outcomes. The results of this study are to be reported to the General Assembly by January 1, 2006. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
Senator HAYES spoke on the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator FAIR proposed the following Amendment No. 12 (DADACADEMIC COURSE CREDIT.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 337, after line 19, by adding an appropriately numbered paragraph to read:
/(SDE: Academic Course Credit) Students in grade levels nine through twelve who meet the requirements of Sections 59-65-40 through 59-65-47 may attend a public high school class or enroll in a district or school sponsored electronic class for credit towards their high school diplomas and the credit shall apply in a consistent manner with public high school students. The student must qualify as any other student. The school district shall receive base student cost funding weighted at 0.15 per course in the district's adjusted allocation of Education Finance Act funds. The performance of these students on end-of-course examinations shall be included in the calculation of the school and district's ratings for publication on the annual school and district report card. The student will be subject to the governing school
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator FAIR explained the amendment.
Senator HUTTO raised a Point of Order that Amendment No. 12 was out of order inasmuch as it was violative of Rule 24A.
Senator SETZLER spoke on the Point of Order.
Senator FAIR spoke on the Point of Order.
On motion of Senator HUTTO, with unanimous consent, the Point of Order was withdrawn.
Senator HUTTO moved to lay the amendment on the table.
The amendment was laid on the table.
Senator PEELER proposed the following amendment (DAD-HIGH SCH READING INITIATIVE.DOC), which was adopted (#5):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 337, after line 19, by adding an appropriately numbered paragraph to read:
/ (SDE: High School Reading Initiative) The funds appropriated for the High School Reading Initiative are to be used to expand the South Carolina Reading Initiative to the high school level by providing research based targeted assistance in improving and accelerating the reading ability of high school students reading below grade level. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
Senators LEATHERMAN, PEELER and SETZLER proposed the following Amendment No. 35 (DAD-1CFA.DOC), which was adopted (#6):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 337, after line 19, by adding an appropriately numbered paragraph to read:
/(SDE: Carry Forward Authority) Funds appropriated to the Department of Education, excluding any direct aid to school districts, subdivisions, and other entities; or agencies and special items, not expended during the prior fiscal year may be carried forward and expended during the current fiscal year for fuel. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator RYBERG proposed the following Amendment No. 31 (3716R015.WGR.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 337, line 20, by inserting an appropriately numbered paragraph:
/ 1.____. (SDE: EFA) Local school districts that raised millage rates since fiscal year 2001 for the purpose of offsetting revenue losses due to EFA funding must return millage rates to the fiscal year 2000 levels to compensate for this year's funding of EFA at $2,290. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
Senator HAYES raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A.
Senator RYBERG spoke on the Point of Order.
Senator MARTIN spoke on the Point of Order.
The ACTING PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator RICHARDSON proposed the following Amendment No. 22 (DAD-1AA.12 SR.DOC), which was adopted (#7):
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 356, paragraph 1AA.12, line 22, by striking /and repair/
Amend the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 356, paragraph 1AA.12, line 23, after /buses/ by inserting / and fuel /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RICHARDSON explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
At 11:55 A.M., the PRESIDENT assumed the Chair.
Senators ALEXANDER and LOURIE proposed the following Amendment No. 40 (DAD-5A FOSTER NEED BASED GRANTS.DOC), which was adopted (#8):
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 362, after line 19, by adding an appropriately numbered paragraph to read:
/ (CHE: Need-Based Grants for Foster Youth) For the 2006-07 academic year, youth in the custody of the Department of Social Services and attending a higher education institution in South Carolina are eligible for additional need based grants funding of up to $2,000 above the $2,500 maximum. Foster youth must apply for these funds no later than May 1, 2006. All other grants, both state and federal, for which these foster youth are eligible must be applied first to the cost of attendance prior to using the additional need-based grant funding. If the cost of attendance for a foster youth is met with other grants and scholarships, then no additional need-based grant may be used. The Department of Social Services, in cooperation with the Commission on Higher Education, will track the numbers of recipients of this additional need-based grant to determine its effectiveness in encouraging more foster youth to pursue a secondary education. No
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senators MATTHEWS, JACKSON, PATTERSON and PINCKNEY proposed the following Amendment No. 67 (DAD 5A CHE ELIGIBLE INSTI.DOC), which was adopted (#9):
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 362, after line 19, by adding an appropriately numbered paragraph to read:
/ (CHE: Eligible Institutions Definition) For purposes of the SC Higher Education Excellence Enhancement Act, 'eligible institution' means a four-year institution of higher learning:
(a) at which sixty-percent or more of the enrolled undergraduate students were low-income and educationally disadvantaged students, for the four consecutive years immediately preceding the then current year;
(b) that is defined in part B, Subchapter 111, Chapter 28, Title 20 of the United States Code;
(c) that is accredited by the Southern Association of Colleges and Schools;
(d) that is organized as a nonprofit corporation or is a public institution; and
(e) that has it main campus located in South Carolina. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MATTHEWS explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator MATTHEWS proposed the following Amendment No. 59 (11740AC05.DOC), which was adopted (#10):
Amend the bill, as and if amended, Part IB, Section 8-J02/, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 372, after line 25, by adding an appropriately numbered paragraph to read:
/8.__ (A) Federally qualified health centers are exempt from provisions of Chapter 43, Title 40 of the 1976 Code that require:
(1) all facilities distributing or dispensing prescription drugs to be permitted by the Board of Pharmacy;
(2) each pharmacy to have a pharmacist-in-charge;
(3) a pharmacist to be physically present in the pharmacy or health center delivery site in order to serve as the pharmacist-in-charge;
(4) a pharmacist to serve as a pharmacist-in-charge for only one pharmacy at a time.
(B) A federally qualified health center must be recognized as a covered entity under Section 40-43-60(I) of the 1976 Code allowing licensed practitioners, as defined by Section 40-43-30(45), to dispense drugs or devices that are the lawful property of the practitioner or the corporation./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MATTHEWS explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 8 (BEH00944.DOC), which was adopted (#11):
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 379, paragraph 44, lines 3-31, by striking proviso 9.44 (DHEC: Drinking Water Construction Application Fees) in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
Senator ALEXANDER moved that the amendment be adopted.
The amendment was adopted.
Senator J. VERNE SMITH proposed the following Amendment No. 9 (BEH01011.DOC), which was adopted (#12):
Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 383, paragraph 11, lines 12-18, by striking proviso 10.11 (DMH: Freedom Commission on Mental Health) in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
The amendment was adopted.
Senators J. VERNE SMITH and O'DELL proposed the following Amendment No. 10 (DMH CAMPBELL.DOC), which was adopted (#13):
Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 383, after line 34, by adding an appropriately numbered proviso to read:
/ (DMH: Campbell Veterans Home) Of the newly appropriated funds for the Campbell Veterans Home up to $400,000 must be used for contract operations. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senators SHEHEEN, MOORE, LEATHERMAN and MALLOY proposed the following Amendment No. 70 (3716B017.VS.DOC), which was adopted (#14):
Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 401,
/ 26.10. (PRT: State Park Privatization Approval) Before the department may enter into a final contract to privatize all or a portion of Cheraw State Park or Hickory Knob State Park, approval of the majority of the General Assembly must be obtained, in addition to the approval of the State Budget and Control Board. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SHEHEEN explained the amendment.
Senator LEATHERMAN spoke on the amendment.
The amendment was adopted.
Senators McCONNELL, CAMPSEN and ELLIOTT proposed the following Amendment No. 5 (RWDOC - WORLD TRADE CENTER PROVISO.DOC), which was adopted (#15):
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 405, after line 27, by adding an appropriately numbered paragraph to read:
/(CMRC: World Trade Center) Of the funds appropriated to the department for the SC World Trade Park and Education Center, these funds shall not be transferred to any other program within the department for any other purpose./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senators SHEHEEN, LOURIE, RITCHIE, SETZLER, ANDERSON, ALEXANDER, 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,
Amend the bill, as and if amended, Part IB, Section 30-B04, JUDICIAL DEPARTMENT, page 407, after line 23, by adding an appropriately numbered paragraph to read:
/30. (JUD: Magistrates' training) From the funds appropriated to the Judicial Department, the department shall provide magistrates annual continuing education on domestic violence, which may include, but is not limited to:
(1) the nature, extent, and causes of domestic and family violence;
(2) issues of domestic and family violence concerning children;
(3) prevention of the use of violence by children;
(4) sensitivity to gender bias and cultural, racial, and sexual issues;
(5) the lethality of domestic and family violence;
(6) legal issues relating to domestic violence and child custody;
(7) procedures, penalties, programs, and other issues relating to criminal domestic violence, including social and psychological issues relating to such violence, the vulnerability of victims and volatility of perpetrators, and the court's role in ensuring that the parties have appropriate and adequate representation;
(8) procedures and other matters relating to issuing orders of protection from domestic violence./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SHEHEEN explained the amendment.
The amendment was adopted.
Senator FAIR proposed the following Amendment No. 15 (DC DJJ PAROLE AUTHORITY SAVINGS.DOC), which was adopted (#17):
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 427, after line 19, by adding an appropriately numbered paragraph to read:
/ (DJJ: Parole Authority Savings) In the event that legislation is enacted which creates the South Carolina Parole and Pardon Authority and the powers, duties, and responsibilities of the Board of Probation, Parole, and Pardon Services and the Juvenile Parole Board are
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator FAIR explained the amendment.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 13A (3716THOMASWC2.DOC), which was adopted (#18):
Amend the bill, as and if amended, Part IB, Section 47, DEPARTMENT OF INSURANCE, page 430, paragraph 47.6, (INS: Workers' Compensation Advisory Board) by striking the proviso in its entirety, lines 11 - 18 and inserting:
/ 47.6 (INS: Workers' Compensation Advisory Board). The Department of Insurance, from funds appropriated, will create a Workers' Compensation Advisory Board that will provide oversight of the assigned risk plan administrator and the workers' compensation rating organization. The members of the Advisory Board will include a representative from the Department of Insurance, a representative from the Department of Consumer Affairs, a representative from the Workers' Compensation Commission, three representatives from insurers writing workers' compensation in South Carolina, two producer representatives and three consumer representatives. Excluding the representatives from the Department of Consumer Affairs and the Workers' Compensation Commission, members shall be chosen by the director or his designee after requesting nominations from the insurance trade organizations and other trade organizations including the Heating and Air Association, the Homebuilders Association and the Mechanical Contractors Association. The representative of the Department shall chair the meetings. The first meeting of the Advisory Board shall meet within 90 days of being appointed and thereafter shall meet as requested by the Director.
The Board oversight shall consist of hearing appeals, monitoring the integrity of data used in rate making and experience rating, monitoring the ability of the rating organization and the assigned risk plan administrator, monitoring staffing levels of the rating organization and the assigned risk plan administrator and providing
The Board shall review the separate rating organization tasks now performed in South Carolina for workers' compensation. The tasks to be reviewed include data collection, data accuracy, enforcement of classification plans, rate filings, assigned risk plan management, customer service to the citizens of South Carolina, and customer service to the Department of Insurance. The Advisory Board must provide a report and its recommendations on how these tasks have been performed and if a new rating organization should be created to perform all or some of the above tasks as well as other tasks that may be appropriate. The report shall be completed by December 10, 2005, and copies will be provided to the Department of Insurance, the Workers' Compensation Commission, the Speaker of the House of Representatives and the President Pro Tempore of the Senate. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
The amendment was adopted.
Senator J. VERNE SMITH proposed the following Amendment No. 65 (BEH056DD30.DOC), which was adopted (#19):
Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 444, paragraph 30, by deleting line 19 and inserting /to transfer $67,032 $122,032 of the funds carried forward from the prior fiscal year in the Victims' Compensation Fund, to the South/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator J. VERNE SMITH explained the amendment.
The amendment was adopted.
Senator COURSON proposed the following Amendment No. 7 (DAD-72.14 MUSC.DOC), which was adopted (#20):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 471, paragraph 72.14, lines 10-11, by striking: / For the purposes of the Medical University of South Carolina, they may offer educational fee waivers to no more than four percent of their total student body. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator COURSON explained the amendment.
The amendment was adopted.
On motion of Senator LEATHERMAN, debate was interrupted by recess.
At 12:31 P.M., on motion of Senator LEATHERMAN, the Senate receded from business not to exceed thirty minutes.
The Senate reassembled at 1:14 P.M. and was called to order by the PRESIDENT.
The Senate resumed consideration of the Bill, the question being the third reading of the Bill.
Senators LAND and LEVENTIS proposed the following Amendment No. 58 (DAD72.26 IRS MILEAGE RATE.DOC), which was adopted (#21):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 478, paragraph 72.26, by striking lines 21 - 22 and inserting /automobile and the employee shall bear the expense of supplies and upkeep thereof. However, the standard business mileage rate used in this calculation shall be the lesser of 34.5 cents per mile or the current rate established by the Internal Revenue Service./
Amend the bill further, as and if amended, Part IB, page 478, paragraph 72.26, by striking lines 26 - 27 and inserting /vehicle and the employee shall bear the expense of supplies and upkeep thereof. However, the standard business mileage rate used in this calculation shall be the lesser of 34.5 cents per mile or the current rate established by the Internal Revenue Service. When/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LEATHERMAN spoke on the amendment.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. 17 (20450SD05.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 497, on line 32, by inserting paragraph 72.105 to read:
/72.105. (GP: Joint Committee on Activity Based Budgeting) There is established the Joint Committee on Activity Based Budgeting composed of nine members. The nine members must be appointed as follows: three Senators appointed by the Chairman of the Senate Finance Committee; three members of the House of Representatives appointed by the Chairman of the House Ways and Means Committee; and three members appointed by the Governor. The Governor shall appoint the committee chairman. The terms of members shall be coterminous with the term of their appointing authority. Members of the Senate and House of Representatives shall serve ex officio.
The committee shall study activity based budgeting processes and how these processes may apply to the budget for the State. Because the intent of this paragraph is to reduce duplication of government services, maximize cost efficiencies and still continue to provide excellent customer services, all costs of implementing a new budgeting system must be considered including technological and human resource applications.
The committee may adopt by majority vote, rules not inconsistent with this paragraph it considers proper with respect to matters relating to the discharge of its duties. Professional and clerical services for the committee must be made available from the staffs of the General
The committee shall render its report to the General Assembly and the Governor as soon as possible but not later than June 30, 2006, at which time it is dissolved. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator LEATHERMAN spoke on the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator McGILL proposed the following Amendment No. 69 (RWBEAUFORT WATER FESTIVAL.DOC), which was adopted (#22):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, paragraph 72.109, lines 26-36, and page 499, lines 1-4, by striking: (GP: Beaufort Water Festival) in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator McGILL explained the amendment.
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 46A (3716B018.CBH.DOC), which was adopted (#23):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 499, paragraph , lines 5 through 8 by striking and inserting the following:
/ 72.110. (GP: Lobbyist Funds Transfer) The following agencies are directed to transfer the amounts listed, which have been used to pay contract lobbyists, to the State Treasurer's Office for deposit in Barnwell Subfund 4693, Atomic Wste Brl Fd. -Chm Nclr: University of Charleston, $7,500; Coastal Carolina University, $20,933; South Carolina State University, $17,175; Winthrop University, $20,833; and Technical and Comprehensive Education Board, $38,180. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator HUTTO explained the amendment.
Senator COURSON moved to lay the amendment on the table.
The Senate refused to table the amendment.
The amendment was adopted.
Senator McGILL proposed the following Amendment No. 11A (3716R029.JYM.DOC), which was adopted (#24):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 500, by adding an appropriately numbered paragraph at the end to read:
/ 72.____ (GP: Courthouse Security Study Committee) There is created a study committee to review, assess, and evaluate the current security of courthouses in South Carolina. The study committee is composed of the following members: three members appointed by the President Pro Tempore of the Senate; three members appointed by the Speaker of the House of Representatives; and three members appointed by the Governor. The committee shall elect a chairman from its membership.
The study committee shall make specific recommendations to the Governor and the General Assembly regarding changes in statutes and policies that would improve security in South Carolina's Courthouses.
A report on the study committee's recommendations must be submitted to the Governor, the chairmen of the Senate Finance and Judiciary Committees and the chairmen of the House Ways and Means and Judiciary Committees by March 11, 2006. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator McGILL explained the amendment.
Senator FAIR spoke on the amendment.
The amendment was adopted.
At 1:45 P.M., Senator LEATHERMAN asked unanimous consent to make a motion that no further amendments would be accepted on the Desk after 2:30 P.M.
There was no objection and the motion was adopted.
Senator THOMAS proposed the following Amendment No. 77 (MLSETHICS.DOC), which was adopted (#25):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 512, paragraph 73.17, line 20, by striking: /$318,000/ and inserting /$300,000/
Amend the bill further, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 512, paragraph 73.17, immediately after line 20 by adding: /Other Operating Expenses ...$18,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 43A (3716B016.SBD.DOC), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, line 27, by striking opposite
COLUMN 7 COLUMN 8
EOC Public Relations/ 226,592 /
Amend the bill further, as and if amended, Part IA Section 1, page 10, line 9 by striking opposite
COLUMN 7 COLUMN 8
Education Oversight
Committee (A85) / 1,214,538 /
Amend the bill further, as and if amended, Part IA Section 1, page 10, line 31 by striking opposite
COLUMN 7 COLUMN 8
EOC Family Involvement/ 45,318 /
Amend the bill further, as and if amended, Part IA, Section 54H, page 254 by striking lines 1 through 27.
Amend the bill further, as and if amended, Part IA, Section 1, page 3, line 39 by striking opposite:
COLUMN 7 COLUMN 8
EAA-Transportation/ 4,000,000
and inserting
5,200,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator HUTTO explained the amendment.
Senator RYBERG moved to lay the amendment on the table.
The amendment was laid on the table.
Senators PEELER and MALLOY proposed the following Amendment No. 90 (BEH0081A.DOC), which was adopted (#26):
Amend the bill, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 84, line 1, by:
COLUMN 7 COLUMN 8
/ STRIKING: 660,852,217 173,058,665
and
INSERTING: 660,718,564 173,008,665/
Amend the bill further, as and if amended, Part IA, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 84, line 24, by:
COLUMN 7 COLUMN 8
/ INSERTING: 133,653 50,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MALLOY explained the amendment.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 66 (RWPSC - $100K & 1 FTE.DOC), which was adopted (#27):
Amend the bill, as and if amended, Part IA, Section 42, PUBLIC SERVICE COMMISSION, page 217, by inserting after line 10
COLUMN 7 COLUMN 8
/New Position
"Project Manager" 50,000/
Amend the bill further, as and if amended, Part IA, Section 42, PUBLIC SERVICE COMMISSION, page 217, line 16, by striking opposite
COLUMN 7 COLUMN 8
Other Operating Expenses/ 1,136,528/
and
INSERTING:/ 1,186,528/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senator SHORT proposed the following Amendment No. 81 (3716B008.LHS.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 336, line 27, by adding the following paragraph:
/ 1.78. (SDE: Local Match Requirement) For the current fiscal year, school districts with a fund balance in excess of twelve percent of their operating budget shall not be required to meet the local match requirement of the Education Finance Act. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SHORT explained the amendment.
Senator PINCKNEY moved to lay the amendment on the table.
The amendment was laid on the table.
On motion of Senator GROOMS, with unanimous consent, Amendment No. 93 was taken up for immediate consideration.
Senator GROOMS proposed the following Amendment No. 93 (DAD-1.79 IN$ITE 60%.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 336, paragraph 1.79, by striking the proviso in its entirety, lines 28 - 29 and inserting / 1.79. (SDE: Educational Items) In order that resources more closely follow the student and are targeted for direct classroom instruction, school districts must spend no less than 60% of its expenditures in the In$ite function category of Instruction./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator LEATHERMAN spoke on the amendment.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Drummond Elliott Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill O'Dell Patterson Pinckney Rankin Reese Setzler Short Smith, J. Verne Williams
Bryant Campsen Cleary
Fair Gregory Grooms Hawkins Mescher Richardson Ritchie Ryberg Scott Sheheen Thomas Verdin
The amendment was laid on the table.
At 2:57 P.M., Senator REESE asked unanimous consent to make a motion to allow acceptance of three further amendments.
There was no objection and the motion was adopted.
Senator GROOMS proposed the following Amendment No. 94 (DAD-1.79 IN$ITE 65%.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 336, paragraph 1.79, by striking the proviso in its entirety, lines 28 - 29 and inserting / 1.79. (SDE: Educational Items) In order that resources more closely follow the student and are targeted for direct classroom instruction, school districts must spend no less than 65% of its expenditures in the In$ite function category of Instruction./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator RYBERG argued in favor of the adoption of the amendment.
Senator MARTIN spoke on the amendment.
Senator COURSON spoke on the amendment.
Senator GROOMS spoke on the amendment.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson
Cromer Drummond Elliott Ford Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McGill Moore O'Dell Patterson Pinckney Rankin Reese Scott Setzler Sheheen Short Smith, J. Verne Williams
Bryant Campsen Cleary Fair Gregory Grooms Hawkins McConnell Mescher Richardson Ritchie Ryberg Thomas Verdin
The amendment was laid on the table.
Senator GROOMS is well intended with his amendments to require a defined percentage of state spending to go to the classroom. However, we have repeatedly asked how his proposal would affect our respective school districts, and he cannot tell us. Therefore, it would be irresponsible of us to vote for a specific percentage of the school district's budget to be allocated toward instruction, particularly in a year when the State is no longer providing funds for resource officers.
If our school districts are to continue to provide resource officers, they will be required to earmark local funds that will no longer be available for classroom instruction. Moreover, all of the state's school districts are required or expected to fund school nurses, counselors, resource officers, aids, etc. These amendments ignore these expectations and impose an arbitrary percentage of the budget in such a way that it could require a local tax increase or the elimination of school nurses, resource officers, counselors, etc. We genuinely need more information about
Senators THOMAS, BRYANT and O'DELL proposed the following Amendment No. 80A (10850MM05.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 337, paragraph , after line 19, by adding an appropriately numbered paragraph to read:
/ 1.__.(SDE: Local School District Transfer Flexibility) Children who reside within one mile of an adjoining district school boundary and whose parent or legal guardian owns property in the adjoining district, and who are closer to the schools located in the adjoining district as to be better accommodated for attendance purposes, are not subject to the provisions of Sections 59-63-45 and Section 59-63-490 should they choose to attend the schools in the adjoining district. Further, the trustees at the adjoining school district in which the schools are located shall receive those children as though they resided in the district, with all rights and privileges that are afforded resident students. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
Senator SHORT raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A.
Senator SETZLER spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Amendment No. 80A was ruled out of order.
Senators SETZLER, JACKSON and RITCHIE proposed the following Amendment No. 85 (DAD-1A.56 NTL ABOUT FACE.DOC), which was adopted (#28):
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 350, paragraph 1A.56, line 13, by striking /$285,000/ and inserting /$485,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator RITCHIE proposed the following Amendment No. 27 (20452SD05.DOC), which was adopted (#29):
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 356, by adding an appropriately numbered paragraph to read:
/ 1AA.___. (LEA: Scholarship Reserve Account) There is created a Scholarship Reserve Account in fiscal year 2005-2006, separate and distinct from the general fund, for the exclusive purpose of maintaining funding of the Palmetto Fellows, LIFE, and HOPE scholarships, need-based and tuition grants and grants to teachers for advanced education, and National Guard and tuition assistance for two-year institutions if certified net lottery proceeds and investment earnings fall below a level sufficient to fund these scholarships.
(2) The account must be funded by all excess net lottery proceeds and investment earnings, in an amount not to exceed three percent of the Education Lottery Account revenue for the 2004-2005 fiscal year. 'Excess' means the funds remaining at the end of fiscal year 2004-2005, over and above the full funding of all appropriations that are not contingent and are based on certified lottery proceeds in the general appropriation bill and any supplemental appropriation bill, except that excess does not include unclaimed prize money. These excess monies must be transferred to the State Treasurer for deposit in the separate and distinct Scholarship Reserve Account. Expenditure of the funds in the account must be allocated among the scholarships, grants, and assistances based on the respective need.
(3) Any reduction to the Lottery Reserve Account must be restored by appropriation from the Education Lottery Account to ensure that the three percent maximum required in item (2) is reached and maintained.
(4) This subsection does not prohibit the appropriation by the General Assembly of monies from the state's general fund to ensure full funding in all Palmetto Fellows and LIFE scholarships, nor does it prohibit the allocation by the General Assembly of monies from the
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RITCHIE explained the amendment.
Senator SETZLER spoke on the amendment.
The amendment was adopted.
Senator GROOMS proposed the following Amendment No. 71A (3716R032.LKG.DOC), which was adopted (#30):
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 372, after line 25, by adding an appropriately numbered paragraph to read:
/ 8.____ (DHHS: Commission on Healthcare Access Recommendations) The Department of Health and Human Services is authorized to develop and implement pilot projects based on the recommendations of the South Carolina Commission on Healthcare Access for the purpose of providing health care to individuals identified by the Commission who are uninsured and have limited resources. Any pilot project developed pursuant to this section may not be implemented until it is approved by the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
The amendment was adopted.
Senators ALEXANDER and FAIR proposed the following Amendment No. 95 (BEH01329B.DOC), which was adopted (#31):
Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 390, paragraph 29, lines 3-9, by striking Proviso 13.29 (DSS: Childcare Center Rating System) in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator FAIR explained the amendment.
The amendment was adopted.
Senators REESE, RITCHIE and HAWKINS proposed the following Amendment No. 100 (BEH051SPT.DOC), which was adopted (#32):
Amend the bill, as and if amended, Part IB, Section 51, EMPLOYMENT SECURITY COMMISSION, page 433, after line 6, by adding an appropriately numbered paragraph to read:
/The Employment Security Commission is authorized to expend up to $500,000 of funds made available to the State under Section 903 of the United States Social Security Act, as amended. The funds must be used under the direction of the Employment Security Commission, for the purpose of acquiring land in Spartanburg County on which to erect a building for the use of the Employment Security Commission. Approval of the site must be obtained from the Spartanburg delegation with a three-fourth vote based on weighted population. No part of the money herein appropriated may be obligated after a two-year period beginning on July 1, 2005. The amount obligated pursuant to this proviso, shall not at ay time exceed the amount by which (a) the aggregate of amounts transferred to the accounts of the State pursuant to Section 903 of the Social Security Act exceeds (b) the aggregate of the amounts obligated for administration and paid out for administration and paid out for benefits and required by law to be charged against the amounts transferred to the account of this State. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator REESE explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator LEATHERMAN proposed the following amendment (DAD68.38 PAYPLAN TECHNICAL.DOC), which was adopted (#33):
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 460, paragraph 63.38, line 13, by striking / with / and inserting / without /
Amend the bill further, as and if amended, Part IB, page 460, paragraph 63.38, line 28, after / compensation shall be / by inserting: / increased by /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator LEATHERMAN proposed the following Amendment No. 75 (MLSB&CBRETIREMENT.DOC), which was adopted (#34)
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 462, paragraph 63.46, line 4, by inserting:
/ The South Carolina Retirement Systems is authorized to expend funds appropriated in the Fiscal Year 2005-06 Appropriation Act and the Fiscal Year 2004-05 Capital Reserve Fund to fund transition costs to transfer the National Guard Pension Fund to the South Carolina Retirement Systems from the Adjutant General and to pay administrative costs with respect to the National Guard Pension Fund or a successor pension plan during this fiscal year. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 101 (DAD-63B.2.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63B, B&C BD - EMPLOYEE BENEFITS, page 463, paragraph 63B.2, by striking the proviso in its entirety, lines 7 - 9 and inserting / 63B.2. (BCB/EB: Funding Abortions Prohibited) No funds appropriated for employer contributions to the State Health Insurance Plan may be expended to
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
Senator HUTTO argued contra to the adoption of the amendment.
Senator SHORT moved to lay the amendment on the table.
The amendment was laid on the table.
Senator GROOMS proposed the following Amendment No. 16 (10838MM05.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 476, paragraph 72.26A, lines 25-36, by deleting the subparagraph A. and inserting:
/A. Unless otherwise provided in paragraphs B through H of this section, all employees of the State of South Carolina or any agency thereof including employees and members of the governing bodies of each technical college while traveling on the business of the State shall, upon presentation of a paid receipt, be allowed reimbursement for actual expenses incurred for lodging, not to exceed the current maximum lodging rates, excluding taxes, established by the U.S. General Services Administration. The lodging reimbursements for employees of a school district also must conform to these rates when that employee's travel reimbursement is paid by state funds that are transferred to the school district. Agencies may contract with lodging facilities to pay on behalf of an employee. Failure to maintain proper control of direct payments for lodging may result in the revocation of the agency's authority by the Comptroller General or the State Auditor. The employee shall also be reimbursed for the actual expenses incurred in the obtaining of meals except that such costs shall not exceed ($25) per day within the State of South Carolina. For travel outside of South Carolina the maximum daily reimbursement for meals shall not exceed ($32). Agencies may contract with food or dining facilities to pay for meals on behalf of employees in accordance with rules and regulations established by the Budget and Control Board. It shall be the responsibility of the agency head to monitor the charges for lodging
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator McCONNELL raised a Point of Order that Proviso 22.10 of the Senate Finance Committee Report was out of order inasmuch as it was violative of Rule 24A.
The PRESIDENT took the Point of Order under advisement.
Senator McCONNELL raised a Point of Order that Proviso 36A.18 of the Senate Finance Committee Report was out of order inasmuch as it was violative of Rule 24A.
The PRESIDENT took the Point of Order under advisement.
Senator McCONNELL raised a Point of Order that Proviso 37.35 of the Senate Finance Committee Report was out of order inasmuch as it was violative of Rule 24A.
The PRESIDENT took the Point of Order under advisement.
Senator McCONNELL raised a Point of Order that Proviso 50.9 of the Senate Finance Committee Report was out of order inasmuch as it was violative of Rule 24A.
The PRESIDENT took the Point of Order under advisement.
Senator McCONNELL raised a Point of Order that Proviso 72.100 of the Senate Finance Committee Report was out of order inasmuch as it was violative of Rule 24A.
The PRESIDENT took the Point of Order under advisement.
Senator RYBERG proposed the following Amendment No. 55 (3716R022.WGR.DOC), which was adopted (#35):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 510, paragraph 73.17, by striking the proviso in its entirety, line 18 - Page 514 line 21 and inserting:
/ 73.17. (SR: Increased Enforcement Collections) For Fiscal Year 2005-06, the Department of Revenue shall continue its efforts pertaining to increased enforced collections as established in Fiscal Year 2004-05.
The department may collect revenues from any source within its jurisdiction, which may include but is not limited to corporate, individual or sales tax collections but especially shall focus on enforced collections and outstanding liabilities.
These funds shall be subsequently deposited in a fund separate and distinct from the general fund as established within the Office of the State Treasurer, except that any motor fuel funds collected as a result of the enforced collection efforts shall be distributed in the same manner as other motor fuel tax revenues are currently distributed. For the fiscal year beginning July 1, 2005 and ending June 30, 2006, the State Treasurer shall disburse the following funds on a quarterly basis:
E16 State Treasurer's Office
Barnwell Subfund 4693 Atmc Wste Brl Fd-Chm Nclr
$ 20,216,905;
J04 Department of Health & Environmental Control
Pinewood Trust Fund Subfund 4641 Haz Waste-Permitted Site Fd $ 942,290;
R14 Patients' Compensation Fund
Subfund 4484 Patients Compensation Fund $ 1,499,559;
D17 Governor's Office of Executive Policy and Programs
Subfund 4649 USDA-TLAP $ 79,485;
E16 State Treasurer's Office
Governor's Teaching School Loan Program Subfund 4019 $ 2,000,000;
Subfund 4066 Disaster Trust Fund $ 1,250;
Subfund 4455 SVA Cumulative Snkg Fd 88 $ 164,114;
Subfund 4557 SVA Special Tax Fund 1988 $ 66,074;
Subfund 4612 Asbestos Expense Trust $ 24,157;
Subfund 4694 Loan Fund-St. Ed Ast Auth $ 1,278,710;
Subfund 4731 General Ser Ds-Gen Fund $ 15,065;
Subfund 4732 General Ser Ds-Ins Res Fund $ 3,188;
Subfund 4895 Confiscated Cash $ 4,761;
E23 Commission on Indigent Defense
Subfund 4313 Indigent Def Services Fund $ 78,553;
F03 Budget and Control Board
Subfund 4153 Funded Debt-Sinking Fund $ 1,737;
Subfund 4154 Ordinary Sinking Fund $ 54,717;
Subfund 4190 Fed Surplus Property Fd $ 10,257;
Subfund 4343 SC Infrastructure Loan Fund $ 824,318;
Subfund 4821 PVE-First Stage Restitution $ 15,026;
J02 Department of Health & Human Services
Subfund 4176 Nursing Home Sanctions $ 96,900;
J04 Department of Health & Environmental Control
Subfund 4545 Waste Tire Grant Trust Fund $ 541,329;
Subfund 4546 Petroleum Fund $ 280,891;
Subfund 4865 Solid Waste Mgmt Trust Fund $ 103,919;
Subfund 4906 Superb Fin Responsibility $ 230,474;
Subfund 4971 Infectious Waste Contingency Fd $ 21,414;
Subfund 4977 Infectious Waste Cnty Entitle Fd $ 4,773;
J20 Department of Alcohol & Other Drug Abuse Services
Subfund 4784 Revolving Loan Fund $ 14,882;
K05 Department of Public Safety
Subfund 4547 Uninsured Enforcement Fund $ 70,904;
P16 Department of Agriculture
Subfund 4308 Whse Receipts Guarantee $ 241,499;
Subfund 4358 Grain Producers Guaranty Fund $ 269,410;
P24 Department of Natural Resources
Subfund 4189 SC Aquatic Plant Man Tr Fd $ 16,913;
Subfund 4373 Nongame Wildlife & Natural Areas $ 9,794;
Subfund 4395 Mitigation Trust Fund $ 439,291;
Subfund 4520 Heritage Land Trust Fund $ 212,643;
Subfund 4795 Jocassee Gorges Trust Fund $ 17,002;
P28 Department of Parks, Recreation, and Tourism
Subfund 4278 Recreation Land Trust $ 159,337;
Subfund 4279 Gifts & Endowments Trust $ 41,334;
P36 Patriots Point Development Authority
Subfund 4049 Donations-Restricted $ 14,225;
Subfund 4133 Admissions Revenue $ 59,842;
P32 Department of Commerce-Public Railways Commission
Subfund 4816 Capital Improvement $ 26,591;
E04 Lieutenant Governor's Office
Subfund 4508 Sr Cit Ctrs Perm Imp Fund $ 332,516;
E28 Election Commission
Statewide Primaries and Run-offs $ 3,335,000;
F03 Budget and Control Board
Geodetic Mapping $ 250,000;
Reimbursement for Graniteville Disaster Relief $ 340,000;
Office of Research & Statistics: Election File Merging
$ 65,000;
Maritime Collection Maintenance & Security $ 100,000;
R52 State Ethics Commission
Electronic Filing System $ 318,000;
A20 Legislative Audit Council
Operating expenses $ 70,000;
J02 Department of Health and Human Services
Health Care Information & Referral Network` $ 141,121;
H03 Commission on Higher Education
African American Loan Program $ 100,000;
Statewide Electronic Library $ 2,000,000;
Academic Program Review $ 250,000;
H12 Clemson University
Call Me Mister $ 1,300,000;
H15 University of Charleston
School of Business: Office of Tourism Analysis $ 129,000;
Lowcountry Graduate Center $ 100,000;
Avery Research Center $ 100,000;
H18 Francis Marion University
Omega Project $ 18,853;
Francis Marion Trail $ 110,000;
H27 University of South Carolina - Columbia
Poison Control Center $ 200,000;
H34 University of South Carolina - Upstate
Operating Expenses $ 1,000,000;
H51 Medical University of South Carolina
Hollings Cancer Center $ 500,000;
H59 State Board for Technical and Comprehensive Education
Spartanburg Technical College - Cherokee Expansion
$ 2,000,000;
Piedmont Technical College - Nursing Program $ 250,000;
Horry-Georgetown Technical College - Nursing Program
$ 235,000;
Special Schools $ 4,000,000;
D10 Governor's Office - State Law Enforcement Division
Methamphetamine Lab Enforcement Team Equipment
$ 566,250;
K05 Department of Public Safety
High Mileage Vehicle Replacement $ 1,500,000;
N04 Department of Corrections
Substance Abuse Programs $ 1,802,000;
U12 Department of Transportation
State Ports Authority Access Road Study $ 100,000;
E24 Adjutant General's Office
Air Guard $ 100,000;
Emergency Preparedness Federal Match $ 1,000,000
P16 Department of Agriculture
Waste Pesticide Federal Match $ 75,000;
P21 South Carolina State-PSA
Maintain Federal Match $ 452,000;
P28 Department of Parks, Recreation & Tourism
Competitive Grants Program $ 56,727;
P32 Department of Commerce
Marketing/Ad. & Alliances $ 1,000,000;
I-26/I-95 Corridor Project $ 950,000.
The funds in this account shall be appropriated for the purposes herein and disbursed quarterly on a pro rata basis as revenue is received subject to the minimum quarterly general fund enforced collections restrictions below; however, no agency shall expend funds appropriated in this provision until they are received by that agency. Unexpended funds appropriated pursuant to this proviso may be carried forward to succeeding fiscal years and expended for the same purpose.
Any excess revenue collected after the above items are fully funded shall be credited to the South Carolina Budget and Control Board Grants Program.
To insure that customary and usual enforced collections are unaffected by this paragraph, the Office of the State Treasurer may not disburse funds from the new account until the following schedule of enforced collections are collected by the Department of Revenue by the
July to September 2005 $ 60,000,000;
October to December 2005 $120,000,000;
January to March 2006 $210,000,000;
April to June 2006 $300,000,000.
The Department of Revenue shall report on a quarterly basis to the finance committees of the General Assembly and to the Board of Economic Advisors on the collections received in this fund.
If revenues collected and deposited into the new account are less than the amounts appropriated, agencies receiving appropriations shall have their appropriations reduced on a pro rata basis.
The Executive Director of the Budget and Control Board is authorized to use excess appropriations for the current fiscal year, as determined by the Director of the Office of State Budget, designated for statewide employer contributions for other statewide purposes. At the discretion of the Executive Director of the Budget and Control Board, such action may be considered a permanent transfer into the receiving agency's base budget. Funds appropriated in F30, Section 63B, Budget and Control Board, Employee Benefits may be carried forward from the prior fiscal year into the current fiscal year. //
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
At 4:10 P.M., Senator McCONNELL assumed the Chair.
Senators FAIR, LEATHERMAN, J. VERNE SMITH, KNOTTS, MALLOY, WILLIAMS, SETZLER, ALEXANDER, CROMER, CAMPSEN, McCONNELL and COURSON proposed the following Amendment No. 108 (DAD-SLED REALIGNMENT 2.DOC), which was adopted (#36):
Amend the bill, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 260, lines 01-03, by striking opposite
COLUMN 7 COLUMN 8
New Positions
"SLED Agents"/ 473,169 473,169
(10.00) (10.00)/
Amend the bill further, as and if amended, Part IA, Section 56B, page 257, by inserting after line 21
COLUMN 7 COLUMN 8
/New Positions 455,023 455,023
"SLED Agents" (10.00) (10.00)/
Amend the bill further, as and if amended, Part IA, Section 56B, page 260, by inserting after line 18
COLUMN 7 COLUMN 8
/New Positions 455,023 455,023
"Lab Agents" (10.00) (10.00)/
Amend the bill further, as and if amended, Part IA, Section 56B, page 261, line 21, by:
COLUMN 7 COLUMN 8
/ STRIKING: 6,469,187 6,063,865
and
INSERTING: 6,717,190 6,311,868/
Amend the bill further, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 513, paragraph 73.17, by striking lines 13-14.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senators FAIR, LEATHERMAN, J. VERNE SMITH, KNOTTS, MALLOY, WILLIAMS, SETZLER, ALEXANDER, CROMER, CAMPSEN, McCONNELL and COURSON proposed the following Amendment No. 109 (DAD-SLED REALIGNMENT3.DOC), which was adopted (#37):
Amend the bill, as and if amended, Part IA, Section 56B, GOVERNOR'S OFF-STATE LAW ENFORCEMENT DIVISION, page 257, line 20, by:
COLUMN 7 COLUMN 8
/ STRIKING: 3,027,020 3,027,020
and
INSERTING: 3,227,020 3,227,020/
Amend the bill further, as and if amended, Part IA, Section 56B, page 260, line 17, by:
COLUMN 7 COLUMN 8
/ STRIKING: 3,702,568 3,452,568 and
INSERTING: 3,902,568 3,652,568/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator FAIR explained the amendment.
The amendment was adopted.
Senator RYBERG proposed the following Amendment No. 30 (3716R005.WGR.DOC), which was adopted (#38):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 336, paragraph 1.77, by striking the proviso in its entirety, lines 22 - 26 and inserting:
/ 1.77. (SDE: SCGSAH Certified Teacher Designation) Because of the unique nature of the South Carolina Governor's School for the Arts and Humanities, the school is authorized to employ at its discretion non-certified classroom teachers teaching in the visual and performing arts subject areas who are otherwise considered to be appropriately qualified in a ratio of up to one hundred percent of the entire teacher staff./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
Senators LOURIE, SHEHEEN, PATTERSON, LAND, MALLOY, WILLIAMS and MARTIN proposed the following Amendment No. 84 (3716B004.JL.DOC), which was withdrawn:
Amend the bill, as and if amended, Part IB, Section 54, LEGISLATIVE DEPARTMENT, page 439, after line 24, by adding an appropriately numbered paragraph to read:
/ 54. (LEG:TIPS) A separate and distinct fund in the Office of the State Treasurer entitled the Targeted Investments in Public School (TIPS) Fund is hereby created. These funds shall be used as stipulated by the General Assembly upon receiving input from the Department of Education and the Education Oversight Committee. This fund is to provide for infrastructure and other needs of public schools in the rural and less developed school districts of this State. This fund is to be administered by the State Department of Education. As prescribed in proviso 73.18 the first fifty million dollars of surplus general fund revenues for fiscal year 2004-2005 after the initial appropriation of $214,627,931 is to be deposited in the TIPS fund. /
Amend the bill further, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 516, after line 1 and before line 2, by inserting the following:
/ The first $50,000,000 after the $214,627,931 appropriation is to be appropriated to the Department of Education to administer the Targeted Investment in Public Schools Fund $ 50,000,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LOURIE explained the amendment.
On motion of Senator LOURIE, with unanimous consent, Amendment No. 84 was withdrawn.
Senator LEATHERMAN asked unanimous consent to make a motion that the Finance Committee be allowed to prepare the necessary technical and balancing amendments to Parts 1A and 1B, to be
There was no objection and the motion was adopted.
Senators ELLIOTT and LEVENTIS proposed the following Amendment No. 36A (3716R033.DE.DOC), which was adopted (#39):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 513, paragraph 73.17, after line 32, by inserting:
/ U12 Department of Transportation
Mass Transit $ 100,000; /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator REESE proposed the following Amendment No. 116 (3716R037.GGR.DOC), which was adopted (#40):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 516, by adding an appropriately numbered item to read:
/ (___) Croft State Park
Refresh Horse Trails $100,000. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator REESE explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senators GROOMS, MATTHEWS and PINCKNEY proposed the following Amendment No. 96A (3716R034.LKG.DOC), which was adopted (#41):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, by adding an appropriately numbered item to read:
/ (__)P28 Department of Parks Recreation and Tourism
Great Swamp Sanctuary
Project...........................................$ 1,800,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
The amendment was adopted.
At 4:39 P.M., the PRESIDENT assumed the Chair.
Senator KNOTTS proposed the following Amendment No. 20B (3716R036.JMK.DOC), which was adopted (#42):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, by adding an appropriately numbered item to read:
/ (__) N08 Department of Probation, Parole, & Pardon Services
Global Position Satellite Surveillance for Probationary Sex Offenders...............$ 1,000,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator KNOTTS explained the amendment.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 114A (3716R035.NGS.DOC), which was adopted (#43):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, by adding an appropriately numbered item to read:
/ ( ) H63 Department of Education
School Bus Fuel $ 4,000,000/
Amend the bill further, Part IB, Section 73, STATEWIDE REVENUE, page 516, by striking line 3 and inserting:
/ Funds appropriated for school bus purchases may be used to purchase buses and fuel. Any amount appropriated to purchase school bus fuel not expended for that purpose must lapse to the general fund./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senators MATTHEWS, PATTERSON, LAND, ANDERSON, FORD, MALLOY, WILLLIAMS and JACKSON proposed the following Amendment No. 25 (DAD-73.18 SCSTATE TRANS CTR.DOC), which was adopted (#44):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 73.18, line 25, opposite /a) Transportation Center - Federal Match/ by striking /$598,365/ and inserting /$748,365/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator FAIR proposed the following Amendment No. 14 (DC SCDC & TEC EDUC PROG.DOC), which was adopted (#45):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 18, after line 28, by adding an appropriately numbered item to read:
/ ( ) Department of Corrections
Self-Paced In-Class Education Program $1,000,000 /
Amend the bill further, as and if amended, Part IB, page 516, paragraph 18, after line 4, by inserting:
/ Of the funds appropriated to the Department of Corrections for the Self-Paced In-Class Education Program (SPICE), the Department shall continue its joint venture with the State Board of Technical and Comprehensive Education to provide education and job skills to inmates being released from the correctional facilities. The pilot
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator FAIR explained the amendment.
The amendment was adopted.
Senators CAMPSEN, McCONNELL, GROOMS, FORD and HUTTO proposed the following Amendment No. 1A (DAD-MORRIS50K.DOC), which was adopted (#46):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 73.18, after line 36, by inserting an appropriately numbered item to read:
/ F03 Budget and Control Board
Morris Island Lighthouse $ 50,000; /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator CAMPSEN explained the amendment.
The amendment was adopted.
Senators CAMPSEN and GROOMS proposed the following Amendment No. 2 (DAD-73.18 PREVENTION70K.DOC), which was adopted (#47):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 73.18, after line 36, by inserting an appropriately numbered item to read:
/ F03 Budget and Control Board
Accountability Strategy for SC
Prevention Programs Study $ 70,000; /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator MATTHEWS proposed the following Amendment No. 23A (3716B025.JWM.DOC), which was adopted (#48):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, after line 36, by adding an appropriately numbered paragraph to read:
/ ( ) H24 South Carolina State University
Program Enhancement and Deferred Maintenance $ 1,500,000/ Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MATTHEWS explained the amendment.
The amendment was adopted.
Senators SCOTT and MATTHEWS proposed the following Amendment No. 39 (BEH07318B.DOC), which was adopted (#49):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 18, after line 36, by inserting an appropriately numbered item to read:
/L04 Department of Social Services
Children in Crisis $50,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MATTHEWS explained the amendment.
The amendment was adopted.
Senators DRUMMOND, O'DELL and VERDIN proposed the following Amendment No. 41 (DAD73.18 LANDER DEF MAIN.DOC), which was adopted (#50):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 73.18, after line 36, by inserting an appropriately numbered item to read:
/ ( ) H21 Lander University
Larry A. Jackson Library - Roof & HVAC Deferred Maintenance $ 1,000,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator O'DELL explained the amendment.
Senator DRUMMOND proposed the following Amendment No. 42 (3716B001.DRUMMOND.DOC), which was adopted (#51):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, after line 36, by adding an appropriately numbered item to read:
/ ( ) 27 Department of Commerce
SC Technology Alliance $ 300,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senators VERDIN and SETZLER proposed the following Amendment No. 45 (DAD-73.18 ADULT ED LITERACY.DOC), which was adopted (#52):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 73.18, line 36, by adding an appropriately numbered item to read:
/ ( ) H63 Department of Education
Adult Education Literacy Community Based Org. $250,000 /
Amend the bill further, as and if amended, Part IB, page 516, paragraph 73.18, after line 4, by inserting:
/ Funds appropriated to the Department of Education for Adult Education Literacy Community Based Organizations are to be equally distributed among the adult education literacy community based organizations. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator VERDIN explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator SHEHEEN proposed the following Amendment No. 64 (3716B014.VS.DOC), which was adopted (#53):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, after line 36, by adding an appropriately numbered paragraph to read:
/ ( ) P28 Department of Parks, Recreation & Tourism
Battle of Camden Land Acquisition $ 200,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SHEHEEN explained the amendment.
The amendment was adopted.
Senator RICHARDSON proposed the following Amendment No. 73 (DAD-73.18 SC MFG EXT SR.DOC), which was adopted (#54):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 73.18, line 36, by adding an appropriately numbered item to read:
/ H03 Commission on Higher Education
SC Manufacturing Extension Partnership $1,200,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RICHARDSON explained the amendment.
Senator McCONNELL spoke on the amendment.
The amendment was adopted.
Senators COURSON, SETZLER and HUTTO proposed the following Amendment No. 74 (DAD-73.18 USC LAW SCH.DOC), which was adopted (#55):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 73.18, line 36, by adding an appropriately numbered item to read:
/ ( ) H27 University of South Carolina
USC Law School $5,000,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator COURSON explained the amendment.
The amendment was adopted.
Senators WILLIAMS, MATTHEWS, McGILL, RITCHIE, BRYANT, HAWKINS, FAIR, MARTIN, MALLOY, SHEHEEN, ANDERSON, ELLIOTT, HUTTO, LOURIE, FORD, LEVENTIS, MOORE, GROOMS, DRUMMOND, PATTERSON, HAYES and CAMPSEN proposed the following Amendment No. 78 (DAD-73.18 250K MARLB.DOC), which was adopted (#56):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 73.18, line 36, by adding an appropriately numbered item to read:
/ ( ) D10 Governor's Office-State Law Enforcement Division
Marlboro County Sheriff's Department Building $250,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator WILLIAMS explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senators RANKIN, ALEXANDER, ANDERSON, BRYANT, CAMPSEN, CLEARY, COURSON, CROMER, DRUMMOND, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAWKINS, HAYES, HUTTO, JACKSON, KNOTTS, LAND, LEATHERMAN,
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 73.18, line 36, by adding an appropriately numbered item to read:
/ ( ) J04 Department of Health and Environmental Control
Beach Renourishment $5,000,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RANKIN explained the amendment.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 86 (DAD73.18 WALHALLA.DOC), which was adopted (#58):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 73.18, after line 36, by inserting an appropriately numbered item to read:
/ P28 Department of Parks, Recreation, and Tourism
Walhalla Civic Auditorium $ 250,000; /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senators HUTTO, SHEHEEN, PINCKNEY, ANDERSON, MALLOY, WILLIAMS, SCOTT, ELLIOTT, SETZLER, MOORE, RANKIN, CLEARY, MATTHEWS, LEVENTIS and PATTERSON proposed the following Amendment No. 87 (3716B021.CBH.DOC), which was adopted (#59):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, after line 36, by adding an appropriately numbered paragraph to read:
/ ( )J02 Department of Health and Human Services Increase in CHIPS funding to 185% of Poverty $ 8,569,914/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator RITCHIE proposed the following Amendment No. 88 (DAD-73.18 VICTIM WITNESS.DOC), which was adopted (#60):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 73.18, line 36, by adding an appropriately numbered item to read:
/ ( ) E21 Prosecution Coordination Commission
Solicitors Victim/Witness Assistance Programs $440,000 /
Amend the bill further, as and if amended, Part IB, page 516, paragraph 73.18, line 4, by inserting:
/ The $440,000 appropriated above for Solicitors Victim/Witness Assistance Programs shall be apportioned among the circuits on a per capita basis and based upon the official census of 2000. Payment shall be made as soon after the beginning of each quarter as practical. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
Senators WILLIAMS and ELLIOTT proposed the following Amendment No. 97 (DAD-73.18 MULLINS.DOC), which was adopted (#61):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 73.18, after line 36, by inserting an appropriately numbered item to read:
/ ( ) H59 State Board for Technical and Comprehensive
Education
Florence-Darlington Technical
College-Mullins Satellite Campus $350,000; /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator WILLIAMS explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator LEATHERMAN proposed the following Amendment No. 98 (DAD-73.18 FM CTR CHILD CONSTR.DOC), which was adopted (#62):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 73.18, line 36, by adding an appropriately numbered item to read:
/ ( ) H18 Francis Marion University
Center for Child Construction $2,000,000; /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator LEATHERMAN proposed the following Amendment No. 99 (DAD-73.18 FLOR DWNTN REDEV.DOC), which was adopted (#63):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 73.18, line 36, by adding an appropriately numbered item to read:
/ ( ) City of Florence Downtown Redevelopment $1,000,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator PINCKNEY proposed the following Amendment No. 102 (3716B022.CP.DOC), which was adopted (#64):
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 515, after line 36, by adding an appropriately numbered paragraph to read:
/ ( ) State Department of Education
Estill School District for Alternative and
After School Facility $500,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator HAWKINS proposed the following Amendment No. 104 (DC LLR FIRE ACADEMY.DOC), which was adopted (#65):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, after line 36, by adding an appropriately numbered paragraph to read:
/ R36 Department of Labor, Licensing & Regulation
Fire Academy - Local Equipment Needs $50,000/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator HAWKINS explained the amendment.
The amendment was adopted.
Senator McGILL proposed the following amendment (DAD73.18 WMSBRG CLDRNS LIBR.DOC), which was adopted (#66):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 73.18, line 36, by adding an appropriately numbered item to read:
/ ( ) H87 State Library
Williamsburg County Children's Library $450,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator McGILL explained the amendment.
The amendment was adopted.
Senators MALLOY and MARTIN proposed the following Amendment No. 106 (DAD-73.18 AID TO COUNTY LIBRARIES.DOC), which was adopted (#67):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 73.18, line 36, by adding an appropriately numbered item to read:
/ ( ) H87 State Library
Aid to County Libraries $1,150,000 /
Amend the bill further, as and if amended, Part IB, page 516, paragraph 73.18, line 4, by inserting:
/ Of the funds appropriated to the State Library for Aid to County Libraries, $25,000 shall be apportioned to each county of the state for local library aid. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MALLOY explained the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 110 (3716B023.PL.DOC), which was adopted (#68):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, after line 36, by adding an appropriately numbered paragraph to read:
/ ( ) P32 Department of Commerce
City of Sumter - Rate Consultant for Water Rate
Dispute Resolution $ 25,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator SHORT proposed the following Amendment No. 111 (BEH07318S.DOC), which was adopted (#69):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, paragraph 18, after line 36, by inserting an appropriately numbered item to read:
/J02 Department of Health and Human Services/
Rural Hospital Grants $3,000,000
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 113 (10849MM05.DOC), which was adopted (#70):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 515, after line 36, by adding an appropriately numbered item to read:
/ ( ) Department of Parks, Recreation and Tourism
Heritage Corridor/Willington on the Way $350,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senators McCONNELL, GROOMS, CAMPSEN, PICKNEY, FORD and MOORE proposed the following Amendment No. 51A (3716R038.GLM.DOC), which was adopted (#71):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 516, paragraph 73.18, by adding an appropriately numbered item to read:
/ ( _) P28 Department of Parks, Recreation, and Tourism,
Charles Towne Landing .............................7,000,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator GROOMS, proposed the following Amendment No. 103A (3716R039.LKG.DOC), which was adopted (#72):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 516, paragraph 73.18, after line 1, by inserting:
/ ( ) P28 Department of Parks, Recreation, and Tourism,
Repair and maintenance to the Francis Marion
Tomb.......................................................50,000 /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator GROOMS explained the amendment.
Senator LEATHERMAN spoke on the amendment.
The amendment was adopted.
Senators RICHARDSON, McCONNELL and CAMPSEN proposed the following Amendment No. 6 (DAD-14M EXCESS.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 516, paragraph 73.18, after line 4, by inserting:
/ After the $214,627,931 of Fiscal Year 2004-05 unobligated general fund revenue as certified by the Board of Economic Advisors has been realized, $14,000,000 shall be appropriated to first fund the net revenue loss of Fiscal Year 2005-06 EFA and employer contribution funds to Beaufort County Schools and the remaining dollars shall be allocated to Beaufort and Charleston County Schools in the same proportion as the sum of the net loss for both school districts for Fiscal Year 2005-06 EIA Teacher Salary Supplement and Teacher Salary Supplement Fringe funds. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RICHARDSON explained the amendment.
Senator McCONNELL spoke on the amendment.
Senator PINCKNEY spoke on the amendment.
Senator PEELER moved to lay the amendment on the table.
The amendment was laid on the table.
Senators RICHARDSON, McCONNELL, PINCKNEY, GROOMS and CAMPSEN desired to be recorded as voting against the motion to table the amendment.
Senators RICHARDSON, RYBERG, CAMPSEN, CLEARY, SHEHEEN, MALLOY, RITCHIE, CROMER and BRYANT proposed the following amendment (3716R040.SHR), which was adopted (#73):
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 516, after line 6, by adding an appropriately numbered paragraph to read:
/ (SR: Trust Fund Repayment) From the surplus general funds for Fiscal Year 2004-05, not obligated in this Act, and available for use in Fiscal Year 2005-06 after the Comptroller General's close of the state books on Fiscal Year 2004-05, funds may be transferred for the purpose of repayment of trust and reserve funds in the following order of priority:
(1) F31 General Reserve Fund
(2) E16 State Treasurer's Office
Subfund 4693, Barnwell Trust Fund
(3) F03 Budget & Control Board
Subfund 4161, Insurance Reserve Fund
For any amount available after the full repayment of those accounts, funds can be transferred to restore funds previously transferred and appropriated from any earmarked or restricted accounts classified as trust funds in the Statewide Accounting and Reporting System (STARS). The trust accounts and subfunds which are subject to this item are included among those identified in (a) Part IB, Section 72.109 of the 2001-02 Appropriation Act; (b) Part IB, Sections 72.96, 72.97, and 72.98 of the 2002-03 Appropriation Act; (c) Part IB, Section 73.2
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RICHARDSON explained the amendment.
The amendment was adopted.
Senators RICHARDSON, GREGORY, LOURIE and HAYES proposed the following Amendment No. 61 (22128HTC05.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 516, by adding an appropriately numbered paragraph at the end to read:
/ 73.____ (SR: Cigarette User Fee - Medicaid Expansion Fund - Funds Transfer - Highway Maintenance - Smoking Cessation) For the current fiscal year, and in addition to the license tax imposed pursuant to Section 12-21-620(1) of the 1976 Code, there is imposed a user fee on each cigarette made of tobacco or any substitute for tobacco in an amount equal to 2.9 cents a cigarette. This user fee must be reported, paid, collected, and enforced as provided in Article 5, Chapter 21 of Title 12 of the 1976 Code. The revenue of this user fee must be credited to the Medicaid Expansion Fund established pursuant to Section 44-6-155 of the 1976 Code and must be used for the purposes of that fund and an equal amount of general fund revenues appropriated to the Medicaid Expansion Fund are transferred to the State Highway Fund and must be used by the Department of Transportation for highway maintenance and payment of principal and interest on state highway bonds. However, the first fifteen million dollars of general fund revenues transferred from the Medicaid Expansion Fund are transferred to the Department of Health and Environmental Control and must be used for smoking cessation programs.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RICHARDSON explained the amendment.
Senator LOURIE spoke on the amendment.
Senator KNOTTS raised a Point of Order that the amendment was out of order inasmuch as the amendment was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... or new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act" and the amendment was also violative under Rule 24.
Senator McCONNELL spoke on the Point of Order.
Senator GREGORY spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Amendment No. 61 was ruled out of order.
Senator HUTTO appealed the Ruling of the PRESIDENT.
The PRESIDENT Pro Tempore assumed the Chair.
On motion of Senator HUTTO, with unanimous consent, the appeal was withdrawn.
The PRESIDENT took up the Point of Order previously raised by Senator McCONNELL that Proviso 22.10 as contained in the Senate Finance Committee Report was out of order inasmuch as it was violative of Rule 24A.
22.10. (AGRI: Grain Dealers Guaranty Fund Loan Interest) During Fiscal Year 2004-05 2005-06, the interest rate required to be paid to the Insurance Reserve Fund in connection with its loan to the Grain Dealers Guaranty Fund under Section 46-40-50 shall be the average prime rate of the five largest banks in South Carolina by deposits and not the interest rate specified by Section 34-31-20(A).
The PRESIDENT sustained the Point of Order.
Proviso 22.10 was ruled out of order.
The PRESIDENT took up the Point of Order previously raised by Senator McCONNELL that Proviso 36A.18 as contained in the Senate
The PRESIDENT sustained the Point of Order.
Proviso 36.A18 was ruled out of order.
The PRESIDENT took up the Point of Order previously raised by Senator McCONNELL that Proviso 37.35 as contained in the Senate Finance Committee Report was out of order inasmuch as it was violative of Rule 24A.
37.35. (CORR: Medical Furlough) Inmates are eligible to apply for a medical furlough if determined to be medically incapacitated. The inmate's incapacitation will be determined by two Department of Corrections' physicians. All other requirements will be in accordance with Section 24-3-210 of the 1976 Code, as amended, except the requirement for life expectancy of one year or less. However, inmates convicted of an offense that is considered sexual in nature shall not be eligible for a medical furlough. Other violent offenders must meet the criteria established in Section 24-3-210(D) of the 1976 Code, as amended, in order to be eligible for a medical furlough. In addition, inmates who are furloughed under the provisions of this proviso will be placed on electronic monitoring.
The PRESIDENT sustained the Point of Order.
Proviso 37.35 was ruled out of order.
The PRESIDENT took up the Point of Order previously raised by Senator McCONNELL that Proviso 50.9 as contained in the Senate Finance Committee Report was out of order inasmuch as it was violative of Rule 24A.
50.9. (LLR: Board of Medical Examiners-Licensure Requirements) During Fiscal Year 2004-2005 2005-06, the South Carolina Board of Medical Examiners shall expend funds necessary to review and issue, at the board's discretion, a license to practice medicine to an applicant
(1) has been licensed to practice medicine in another state in the United States;
(2) has not had his or her license revoked, suspended, or restricted in this State or any other state and has no disciplinary matters pending in this State or any other state;
(3) holds certification by a specialty board recognized by either the American Board of Medical Specialties or the American Osteopathic Association; and
(4) has undertaken to establish himself or herself in a rural area of this State.
The PRESIDENT sustained the Point of Order.
Proviso 50.9 was ruled out of order.
The PRESIDENT took up the Point of Order previously raised by Senator McCONNELL that Proviso 72.100 as contained in the Senate Finance Committee Report was out of order inasmuch as it was violative of Rule 24A.
72.100. (GP: Indigent and Appellate Defense Merger) The Budget and Control Board, in conjunction with the Commission on Indigent Defense and the Commission on Appellate Defense shall transfer all funds, personnel equipment, supplies, appropriations, carry forward funds, and all other assets and resources of the Commission on Appellate Defense to the Commission on Indigent Defense as soon as practical on or before June 30, 2006. Both the programs and the funds appropriated to the Appellate Defense division of the Commission on Indigent Defense must be administered separately from other programs within Indigent Defense and must be expended for the exclusive use of the Appellate Defense program. The merged entity shall be known as the Commission on Indigent Defense. The Commission on Indigent Defense shall perform its current duties and functions and assume the duties and functions of the former Commission on Appellate Defense.
The PRESIDENT sustained the Point of Order.
Proviso 72.100 was ruled out of order.
Pursuant to the motion by Senator LEATHERMAN, the Clerk was directed to prepare and certify a conforming and balancing amendment as follows:
Clerk's Conforming and Balancing Amendment No. 200 (3716R041.HKL), which was adopted (#74):
Amend the bill, as and if amended, by striking Proviso 73.18 in its entirety and inserting:
/ 73.18. (SR: Unobligated General Fund Revenue) (A) The source of general fund revenue appropriated in this provision is $214,627,931 of Fiscal Year 2004-05 unobligated general fund revenue as certified by the Board of Economic Advisors and $49,189,794 of anticipated additional Fiscal Year 2004-05 unobligated general fund revenue. This revenue is deemed to have occurred and is available for use in Fiscal Year 2005-06 after September 1, 2005, following the Comptroller General's close of the state's books on Fiscal Year 2004-05.
(B) From such Fiscal Year 2004-05 unobligated general fund revenues the appropriations in this provision are listed in priority order. Items 1), 2), and 3) must be funded first and each remaining item must be fully funded before any funds are allocated to the next item. Provided, however, that any individual item may be partially funded in the order in which it appears to the extent that revenues are available.
The following sums are appropriated for the purposes stated:
(1) F31 General Reserve Fund
a) General Reserve Fund Full Restoration $ 28,333,866;
b) General Reserve Fund Full Restoration $ 50,000,000;
(2) Unobligated Surplus in Part 1A $ 126,356,061;
(3) F03 Budget & Control Board
a) National Guard Pension Fund (F30) $ 972,902;
b) National Guard Pension Fund - Administration
$ 200,000;
(4) H63 Department of Education
School Buses $ 5,000,000;
(5) H03 Commission on Higher Education
Greenville University Center $ 800,000;
(6) K05 Department of Public Safety
Bureau of Protective Services Operating Expenses
$ 119,973;
(7) J02 Department of Health & Human Services
Health Care Information & Referral Network $ 74,879;
(8) P16 Department of Agriculture
Inspections $ 626,000;
(9) E24 Adjutant General
State Guard Other Operating Expenses $ 200,000;
(10) P12 Forestry Commission
Chesterfield County School District $ 150,000;
(11) F03 Budget and Control Board
Maritime Collection Maintenance & Security $ 75,000;
(12) P28 Department of Parks, Recreation & Tourism
Charlestown Landing $ 47,400;
(13) N12 Department of Juvenile Justice
Matching Funds for Faith-Based Programs $ 100,000;
(14) N04 Department of Corrections
Matching Funds for Faith-Based Programs $ 100,000;
(15) H24 SC State University
a) Transportation Center - Federal Match $ 748,365;
b) Business School Accreditation Support $ 89,365;
(16) H63 Department of Education
SC Alliance of Boys & Girls Clubs, Inc. $ 1,000,000;
(17) N04 Department of Corrections
Self-Paced In-Class Education Program $ 1,000,000;
(18) C05 Administrative Law Judges
Case Management System $ 250,000;
(19) D10 Governor's Office- State Law Enforcement Division
Voluntary Constables Workers' Compensation Premiums $ 59,000;
(20) H36 University of South Carolina-Beaufort
Penn Center $ 500,000;
(21) R60 Employment Security Commission
SC Occupational Information System-Other Operating Expenses $ 60,000;
(22) F03 Budget and Control Board
Morris Island Lighthouse $ 50,000;
(23) F03 Budget and Control Board
Accountability Strategy for SC Prevention Programs Study $ 70,000;
(24) H63 Department of Education
Adult Education Literacy Community Based Organizations $ 250,000;
(25) R36 Department of Labor, Licensing, and Regulation
Fire Academy - Local Equipment Needs $ 50,000;
(26) P28 Department of Parks, Recreation, and Tourism
Walhalla Civic Auditorium $ 250,000;
(27) E21 Prosecution Coordination Commission
Solicitors Victim/Witness Assistance Programs $ 440,000;
(28) H59 State Board for Technical and Comprehensive Education
Florence-Darlington Technical College-Mullins Satellite Campus $ 350,000;
(29) City of Florence Downtown Redevelopment $ 1,000,000;
(30) P32 Department of Commerce
City of Sumter - Rate Consultant for Water Rate Dispute Resolution $ 25,000;
(31) P28 Department of Parks, Recreation, and Tourism
Repair and Maintenance to the Francis Marion Tomb
$ 50,000;
(32) H63 Department of Education
School Bus Fuel $ 4,000,000;
(33) L04 Department of Social Services
Children in Crisis $ 50,000;
(34) H18 Francis Marion University
Center for the Child, Construction $ 2,000,000;
(35) H87 State Library
Williamsburg County Children's Library $ 450,000;
(36) P28 Department of Parks, Recreation & Tourism
Battle of Camden Land Acquisition $ 200,000;
(37) H63 Department of Education
Estill School District for Alternative and After School Facility $ 500,000;
(38) P32 Department of Commerce
SC Technology Alliance $ 300,000;
(39) P28 Department of Parks, Recreation, and Tourism
Heritage Corridor/Willington on the Way $ 350,000;
(40) P28 Department of Parks, Recreation, and Tourism
Croft State Park, Refresh Horse Trails $ 100,000;
(41) D10 Governor's Office-State Law Enforcement Division
Marlboro County Sheriff's Department Building $ 250,000;
(42) H87 State Library
Aid to County Libraries $ 1,150,000;
(43) J02 Department of Health and Human Services
Rural Hospital Grants $ 3,000,000;
(44) H27 University of South Carolina
USC Law School $ 5,000,000;
(45) P28 Department of Parks, Recreation, and Tourism
Charles Towne Landing $ 7,000,000;
(46) J04 Department of Health and Environmental Control
Beach Renourishment $ 5,000,000;
(47) J02 Department of Health and Human Services
Increase in CHIPS Funding to 185% of Poverty
$ 8,569,914;
(48) P28 Department of Parks, Recreation and Tourism
Great Swamp Sanctuary Project $ 1,800,000;
(49) N08 Department of Probation, Parole & Pardon Services
Global Position Satellite Surveillance for Probationary Sex Offenders $ 1,000,000;
(50) H21 Lander University
Larry A. Jackson Library - Roof & HVAC Deferred Maintenance $ 1,000,000;
(51) H24 South Carolina State University
Program Enhancement and Deferred Maintenance
$ 1,500,000;
(52) H03 Commission on Higher Education
SC Manufacturing Extension Partnership $ 1,200,000;
Total $ 263,817,725.
Unexpended funds appropriated pursuant to this provision may be carried forward to succeeding fiscal years and expended for the same purposes. This provision takes effect July 1, 2005.
Funds appropriated for school bus purchases may be used to purchase buses and fuel. Any amount appropriated to purchase school bus fuel not expended for that purpose must lapse to the general fund.
Of the funds appropriated to the Department of Corrections for the Self-Paced In-Class Education Program (SPICE), the Department shall continue its joint venture with the State Board of Technical and Comprehensive Education to provide education and job skills to inmates being released from the correctional facilities. The pilot project should involve inmates completing a didactic portion of training via videotapes while incarcerated and completing certain, non-degree job skills development courses through the technical colleges upon release. The Department shall establish performance
Funds appropriated to the Department of Education for Adult Education Literacy Community Based Organizations are to be equally distributed among the adult education literacy community based organizations.
The $440,000 appropriated above for Solicitors Victim/Witness Assistance Programs shall be apportioned among the circuits on a per capita basis and based upon the official census of 2000. Payment shall be made as soon after the beginning of each quarter as practical.
Of the funds appropriated to the State Library for Aid to County Libraries, $25,000 shall be apportioned to each county of the state for local library aid. /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senators McCONNELL, CAMPSEN, CLEARY, RICHARDSON and RYBERG desired to be recorded as voting against the third reading of the Bill.
Senator DRUMMOND spoke on the Bill.
Lady and gentlemen of the finest legislative body in this America, you are looking at a happy Senator today. I didn't really want to come back down here this year, but I came back because I wanted to see this body get together and work together. It is said that sometimes we don't get along with the Governor. He represents four million people and we, 46 Senators, represent the same four million people. I have been sitting here, yesterday and so far today, in silence, which is sometimes hard for JOHN DRUMMOND. I have a learned a lot watching every one of you here. I feel for Senator LEATHERMAN when he has had to get up and look around at one of his closest friends and say, "I'm sorry, but I need to table that." I had to do that many
As I said earlier, I didn't intend to come back and I had some of my associates tell me that I needed to come back. You know what? Today proves that I did the right thing by coming back. I came back to try and pull this body together. I have been watching and it's happening. We can continue this, because we have the finest State in the union. They say we are a red and blue state, but I say no -- we are a red, white and blue state. I saw a lot of young people give their lives for this country -- including this State -- and we are obligated to do what we think is right for this State. I think we proved that today. We have watched this staff, which most have been here for years and years. They did what they thought was right for this State and we accepted it. It's been really exciting for me to be here this year. I love every one of you Senators here, and I challenge every one of you to stand up for South Carolina. You know someone said that maybe the Governor doesn't like this whole Senate. As I told you earlier, he represents four million people and 46 of us represent the same people. We will probably come up with 46 different ideas and maybe some of them should filter downstairs. I'm not criticizing the Governor. He has a job to do just like we do. I am going to challenge every one of you. I am going to sit right over there as long as the good Lord gives me the health to do so. My challenge is for us to work together like we did today. I think that all South Carolinians will thank us. I love every one of you. I thank the good Lord for the finest legislative body in this nation. I don't believe that there is another body that can do what we've done today by settling differences between counties, cities and different parts of South Carolina. We Democrats and Republicans have really worked together and I'm proud of every one of you here.
Thank you.
On motion of Senator PEELER, with unanimous consent, Senator DRUMMOND's remarks were ordered printed in the Journal.
Senator LEATHERMAN spoke on the Bill.
We regret voting against the General Appropriation Bill, however, we were compelled to vote against it given the outcome of the vote on Amendment No. 6. This amendment would have restored money for public education in Charleston and Beaufort Counties to last year's
The overall focus of this budget, particularly the supplemental spending provisions, lead me to oppose the Bill.
This General Assembly might have used the budget supplement to further and more fully repay many of the trust funds it has depleted over recent years, particularly that in Barnwell which suffered a most egregious withdrawal.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission, the Ethics Commission, the Administrative Law Court, the Probation, Pardon and Parole Services and the Department of Motor Vehicles.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission, the Department of Motor Vehicles, the Probation, Pardon and Parole Services, the Employment Security Commission, the Administrative Law Court and DHEC.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission and the Dept. of Probation, Parole and Pardon Services and the Public Service Commission.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Insurance Reserve Fund.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on matters pertaining to the Workers' Compensation Commission, the Department of Motor Vehicles, the Dept. of Probation, Parole and Pardon Services, the Employment Security Commission, the Administrative Law Court and DHEC.
Under the provisions of Section 8-13-700, S. C. Code of Laws, I abstained from consideration of and voting on any matters pertaining to the Workers' Compensation Commission each year since obtaining a law license.
H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.
The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Rankin Reese Richardson Ritchie Ryberg Scott Setzler Sheheen Short Smith, J. Verne Thomas Verdin Williams
The Joint Resolution was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senator McCONNELL asked unanimous consent to make a motion that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 10:00 A.M.
There was no objection and the motion was adopted.
Having received a favorable report from the Berkeley County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Berkeley County Magistrate, with term to commence April 30, 2003, and to expire April 30, 2007
James A. Polk, 1111 Hollybrooke Drive, Moncks Corner, S.C. 29461 VICE Joseph Jefferson
On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Douglas Lee Purcell of Kingstree, S.C.
At 6:43 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 10:00 A.M.
This web page was last updated on Wednesday, June 24, 2009 at 1:20 P.M.