Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
As Jethro, Moses' father-in-law, said to him:
"... teach them the statutes and instructions and make known to them the way they are to go and the things they are to do." (Exodus 18:20)
Please join me as we bow in prayer:
Holy God, the proposed budget comes to the floor of the Senate this week. And as these Senators and their aides continue to wrestle with all of the many calculations and permutations--and limitations--of it, bestow Your mercy, Your wisdom and Your grace upon them all. Continue to guide this body as it seeks the very best ways to provide for the needs of this State and her people. May they ultimately agree upon the way they are to go and upon the things that they are to do as responsible and caring leaders.
In Your loving name we pray, Lord.
Amen.
The PRESIDENT 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, Greenwood County Board of Voter Registration, with the term to commence March 15, 2006, and to expire March 15, 2010
At-Large:
James N. Kier, 144 Amherst Drive, Greenwood, SC 29649 VICE William J. Park
Senator FAIR introduced Dr. Ted Watson of Anderson, S.C., Doctor of the Day.
On motion of Senator PEELER, at 12:05 P.M., Senator RITCHIE was granted a leave of absence for today.
At 3:30 P.M., Senator VAUGHN requested a leave of absence for the balance of the day today and also, Wednesday, April 16, 2008.
Senator HAWKINS rose for an Expression of Personal Interest.
S. 1257 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO 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.
Senator HAYES 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 and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1286 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION CONGRATULATING ST. EMMA MILITARY ACADEMY AND THE ST. FRANCIS DE SALES HIGH SCHOOL ON THE
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1287 (Word version) -- Senators Ryberg and Bryant: A JOINT RESOLUTION TO ABOLISH THE COMPETITIVE GRANTS PROGRAM OF THE STATE BUDGET AND CONTROL BOARD AND OTHER AGENCIES CONTAINED IN ACT 117 OF 2007 AND TO PROVIDE THAT ANY FUNDS REMAINING IN THE PROGRAM SHALL REVERT TO THE GENERAL FUND.
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Senator RYBERG asked unanimous consent to make a motion that the Resolution be placed on the Calendar without reference.
Senator LEATHERMAN objected.
Read the first time and referred to the Committee on Finance.
S. 1288 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-1920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE UNDER CERTAIN CONDITIONS OF EXOTIC FARM-RAISED VENISON AND PENALTIES FOR VIOLATING THE PROVISIONS OF THIS SECTION, SO AS TO PROVIDE THAT THE PROHIBITIONS OF THIS SECTION DO NOT APPLY TO THE SALE OR PURCHASE OF PROCESSED PET FOODS OR PET TREATS CONTAINING EXOTIC FARM-RAISED VENISON, AND TO PROVIDE FOR CERTAIN REGISTRATION AND LABELING REQUIREMENTS OF THIS EXCEPTION.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1289 (Word version) -- Senators Ford and Knotts: A BILL TO AMEND SECTION 5-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES TO THE ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO DELETE THE REFERENCE TO CHAPTER 17.
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Read the first time and referred to the Committee on Judiciary.
S. 1290 (Word version) -- Senator Campbell: A BILL TO AMEND CHAPTER 1, TITLE 23 OF THE 1976 CODE, BY ADDING SECTION 23-1-240, TO PROVIDE THAT A VOLUNTEER FIRE DEPARTMENT MAY ESTABLISH A REASONABLE SERVICE CHARGE FOR BEING CALLED TO EXTINGUISH OR CONTROL A FIRE, AND TO PROVIDE THE PROCESS BY WHICH THE FEE MAY BE CHARGED.
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Read the first time and referred to the Committee on Judiciary.
S. 1291 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-125 SO AS TO CREATE THE OFFENSE OF TRESPASS UPON THE GROUNDS OR STRUCTURE OF A DOMESTIC VIOLENCE SHELTER AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO A WARRANTLESS ARREST OR SEARCH WHEN A PERSON IS BELIEVED TO HAVE COMMITTED A CRIMINAL DOMESTIC VIOLENCE OFFENSE, SO AS TO CLARIFY A WARRANTLESS ARREST OR SEARCH MAY BE UNDERTAKEN BY LAW ENFORCEMENT WHEN THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED.
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Read the first time and referred to the Committee on Judiciary.
S. 1292 (Word version) -- Senators Ceips, Ford, Patterson, Anderson, Williams, Pinckney, Knotts, Cromer, Malloy, Reese, Land, Short, Cleary, Jackson, Campbell, Courson, McGill, Lourie, Thomas, Ritchie, Elliott, Vaughn, Verdin, Scott, Alexander, Bryant and Matthews: A BILL TO AMEND CHAPTER 16, TITLE 17 OF THE 1976 CODE, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-736, TO PROVIDE THAT A PERSON WHO FALSELY REPRESENTS BEING AWARDED A MILITARY DECORATION SHALL BE GUILTY OF A MISDEMEANOR.
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Read the first time and referred to the Committee on Judiciary.
S. 1293 (Word version) -- Senator Martin: A BILL TO AMEND TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COURTS, BY ADDING CHAPTER 29 SO AS TO ENACT THE
Read the first time and referred to the Committee on Judiciary.
S. 1294 (Word version) -- Senators Ceips, Ford, Vaughn, Thomas, Land, Anderson and Short: A BILL TO AMEND CHAPTER 1, TITLE 39 OF THE 1976 CODE, RELATING TO TRADE AND COMMERCE, TO PROHIBIT THE SELLING, MANUFACTURING, OR DISTRIBUTION OF ANY CLEANING AGENT CONTAINING MORE THAN ZERO PERCENT PHOSPHOROUS BY WEIGHT, AND TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS FOR ENFORCEMENT.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1295 (Word version) -- Senator Massey: A BILL TO AMEND SECTION 40-13-10(A) OF THE 1976 CODE, RELATING TO THE STATE BOARD OF COSMETOLOGY, TO PROVIDE THAT ONE MEMBER OF THE BOARD MUST BE A REPRESENTATIVE OF A COSMETOLOGY SCHOOL IN THIS STATE.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1296 (Word version) -- Senator Massey: A BILL TO AMEND SECTION 40-43-40 OF THE 1976 CODE, RELATING TO THE STATE BOARD OF PHARMACY, BY INCREASING THE MEMBERS OF THE BOARD TO NINE WITH THE ADDITIONAL MEMBER BEING A PHARMACY TECHNICIAN FROM THE STATE AT-LARGE.
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Read the first time and referred to the Committee on Medical Affairs.
S. 1297 (Word version) -- Senator Hawkins: A BILL TO AMEND ACT 890 OF 1976, AS AMENDED, RELATING TO THE HOLLY SPRINGS VOLUNTEER FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO CHANGE THE NAME OF THE DISTRICT TO THE "HOLLY SPRINGS FIRE-RESCUE DEPARTMENT".
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Read the first time and ordered placed on the Local and Uncontested Calendar.
S. 1298 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 12, 2008, AND FRIDAY, JUNE 13, 2008.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.
S. 1299 (Word version) -- Senator Williams: A SENATE RESOLUTION PROCLAIMING FRIDAY, APRIL 18, 2008, DILLON COUNTY FIRST STEPS AWARENESS DAY AND RECOGNIZING THE ACCOMPLISHMENTS OF THE DILLON COUNTY FIRST STEPS PROGRAM AND THE DILLON COUNTY FIRST STEPS PARTNERSHIP BOARD.
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The Senate Resolution was adopted.
S. 1300 (Word version) -- Senator Ceips: A SENATE RESOLUTION RECOGNIZING THE OUTSTANDING BENEFIT AND SERVICE OF THE HERITAGE CLASSIC FOUNDATION AND THE VERIZON HERITAGE GOLF TOURNAMENT, EXEMPLIFYING THE TRUE SPIRIT OF SOUTH CAROLINA.
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The Senate Resolution was adopted.
S. 1301 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO RECOGNIZE AND HONOR BARBARA MCCLAIN FOR MORE THAN FIFTY YEARS OF SERVICE TO THE CITIZENS OF SOUTH CAROLINA AND TO CONGRATULATE HER UPON
The Senate Resolution was adopted.
H. 4549 (Word version) -- Reps. Harrell, W. D. Smith, Cooper, Cato, Harrison, Walker, Witherspoon, White, Young, Merrill, Bingham, Littlejohn, G. R. Smith, Bedingfield, Taylor, Shoopman, Haley, Hardwick, J. R. Smith, Lowe, Viers, Hutson, Erickson, Ballentine, Frye, Pinson, D. C. Smith, Huggins, Toole, Bowen, Brady, Mahaffey, Bannister, Clemmons, Delleney, Duncan, Gambrell, Herbkersman, Mulvaney, E. H. Pitts, Sandifer, Spires, Thompson, Umphlett, Whitmire, Limehouse, Owens, Gullick, Knight, Loftis, Hodges, Skelton and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2647 SO AS TO PROVIDE THAT THE SALES, USE, AND CASUAL EXCISE TAX REVENUES IN A FISCAL YEAR FROM THE SALE, USE, OR TITLING OF A VEHICLE REQUIRED TO BE REGISTERED AND LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES MUST BE CREDITED TO THE STATE HIGHWAY FUND, TO PHASE IN THIS DISTRIBUTION, TO PROVIDE FOR THE USE OF THESE REVENUES, AND TO "HOLD HARMLESS" THE EDUCATION IMPROVEMENT ACT (EIA) FUND FOR REVENUES NOT CREDITED TO IT PURSUANT TO THE PROVISIONS OF SECTION 12-36-2647 AS ADDED BY THIS ACT.
Read the first time and referred to the Committee on Finance.
H. 4687 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 44-53-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATERIALS, COMPOUNDS, MIXTURES, AND PREPARATIONS CLASSIFIED AS SCHEDULE I DRUGS, SO AS TO ADD SALVIA DIVINORUM AND SALVINORIN A TO THE LIST OF SCHEDULE I DRUGS.
Read the first time and referred to the Committee on Medical Affairs.
H. 4745 (Word version) -- Reps. Young, Mulvaney, Umphlett, Ballentine, Huggins, E. H. Pitts, Bedingfield, Haley, Lowe, Clemmons, Viers, Scarborough, Edge, Harrell, Cotty, Mitchell, Chalk, Hagood, Talley, Gullick, Miller, Harvin, Bingham, Witherspoon, Haskins, Thompson, Merrill, Sandifer, Brady, Weeks, Scott, Duncan, Cato, Cooper, Dantzler, G. M. Smith,
Read the first time and referred to the Committee on Judiciary.
H. 4746 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 40-29-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD, SO AS TO PROVIDE THAT ONE MEMBER OF THE BOARD MUST BE A REPRESENTATIVE OF THE MANUFACTURED HOUSING INDUSTRY FROM A LIST OF CANDIDATES SUBMITTED TO THE GOVERNOR BY THE MANUFACTURED HOUSING INSTITUTE OF SOUTH CAROLINA; TO AMEND SECTION 40-29-20, AS AMENDED, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF THE MANUFACTURED HOUSING INDUSTRY, SO AS TO DEFINE MANUFACTURED HOME APPRENTICE RETAIL SALESPERSON AND TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 40-29-200, AS AMENDED, RELATING TO LICENSURE REQUIREMENTS, SO AS TO PROVIDE REQUIREMENTS FOR AN APPRENTICE SALESPERSON LICENSE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4959 (Word version) -- Reps. Barfield, Viers, Clemmons, Edge, Hardwick and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNIVERSITY BOULEVARD IN HORRY COUNTY
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4982 (Word version) -- Rep. Hayes: A BILL TO PROVIDE FOR THE ANNUAL LEVY OF MILLAGE FOR SCHOOL PURPOSES IN DILLON COUNTY AND TO PROVIDE FOR ITS ALLOCATION FOR SCHOOL PURPOSES.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 5017 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTIEST CONGRATULATIONS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO NOLAN T. RUSSELL III AND VERONICA J. ROLANDI, BOTH OF RICHLAND COUNTY, UPON THE OCCASION OF THEIR MARRIAGE ON MAY 10, 2008, AND TO WISH THEM MUCH HAPPINESS IN THE YEARS AHEAD.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator KNOTTS from the Committee on Invitations polled the following invitations with a favorable report. The polling sheet below reflects how each member of the Invitations Committee voted in favor of the entire list of invitations.
Knotts Alexander Patterson McGill Reese O'Dell
Elliott Ford Grooms Verdin Campsen
Tuesday - April 15, 2008 - 6:00-8:00 pm:
Members of the Senate and staff, Reception, State Museum, by the FILM SC
(Accepted--March 19, 2008)
Wednesday - April 16, 2008 - 8:00-10:00 am:
Members of the Senate, Breakfast, Room 112 of the Blatt Building, by THE ADULT EDUCATION DIVISION OF THE SC ASSOCIATION OF SCHOOL ADMINISTRATORS
(Accepted--March 19, 2008)
Wednesday - April 16, 2008 - 12:00-2:00 pm:
Members of the Senate, Lunch, State House Grounds, by HOSPITALITY ASSOCIATION OF SOUTH CAROLINA
(Accepted--March 19, 2008)
Wednesday - April 16, 2008 - 6:00-7:30 pm:
Members of the Senate and staff, Reception, Clarion, by SPARTANBURG COUNTY DAY
(Accepted--March 19, 2008)
Thursday - April 17, 2008 - 8:00-10:00 am:
Members of the Senate and staff, Breakfast, Room 112 of the Blatt Building, by the PIEDMONT NATURAL GAS
(Accepted--March 19, 2008)
Tuesday - April 22, 2008 - 6:00-8:00 pm:
Members of the Senate, Reception, State Museum, by BEACH MUSIC DAY
(Accepted--March 19, 2008)
Wednesday - April 23, 2008 - 1:00-2:00 pm:
Members of the Senate, Lunch, Columbia Convention Center, by the SC SCHOOL BOARDS ASSOCIATION
(Accepted--March 19, 2008)
Wednesday - April 23, 2008 - 6:00-8:00 pm:
Members of the Senate, spouses and staff, Reception, The Vista Room and The Blue Marlin, by SC JUNIOR GOLF FOUNDATION
(Accepted--March 19, 2008)
Thursday - April 24, 2008 - 8:00-10:00 am:
Members of the Senate, Breakfast, Room 112 of the Blatt Building, by THE PRINCIPAL DIVISION OF THE SC ASSOCIATION OF SCHOOL ADMINISTRATORS
(Accepted--March 19, 2008)
Tuesday - April 29, 2008 - 6:00-8:00 pm:
Members of the Senate, Reception, Siebels House (1601 Richland Street), by SC CONSERVATION COMMUNITY
(Accepted--March 19, 2008)
Tuesday - April 29, 2008 - 8:00-10:00 pm:
Members of the Senate and staff, Reception, Clarion, by CAROLINAS READY MIXED CONCRETE ASSOCIATION
(Accepted--March 19, 2008)
Wednesday - April 30, 2008 - 8:00-10:00 am:
Members of the Senate and staff, Breakfast, Room 112 of the Blatt Building, by the MID-ATLANTIC CHAPTER OF THE NATIONAL MS SOCIETY
(Accepted--March 19, 2008)
Wednesday - April 30, 2008 - 12:00-2:00 pm:
Members of the Senate, Lunch, Brookland Conference Center, by the ALPHA PHI ALPHA FRATERNITY
(Accepted--March 19, 2008)
Wednesday - April 30, 2008 - 6:00-8:00 pm:
Members of the Senate and staff, Reception, Clarion, by YORK COUNTY DAY
(Accepted--March 19, 2008)
Thursday - May 1, 2008 - 8:00-10:00 am:
Members of the Senate and staff, Breakfast, Room 112 of the Blatt Building, by the BOYS AND GIRLS CLUB
(Accepted--March 19, 2008)
Tuesday - May 6, 2008 - 6:00-8:00 pm:
Members of the Senate and staff, Reception, SCBWA Office (1114 College Street), by the SC BEER WHOLESALERS ASSOCIATION
(Accepted--March 19, 2008)
Wednesday - May 7, 2008 - 8:00-10:00 am:
Members of the Senate, Breakfast, Room 112 of the Blatt Building, by SC HIV/AIDS CARE CRISIS
(Accepted--March 19, 2008)
Wednesday - May 7, 2008 - 12:00-2:00 pm:
Members of the Senate, spouses and staff, Lunch, State House Grounds, by the SC DAIRY ASSOCIATION
(Accepted--March 19, 2008)
Thursday - May 8, 2008 - 8:00-10:00 am:
Members of the Senate, Breakfast, Room 112 of the Blatt Building, by ALPHA KAPPA ALPHA SORORITY
(Accepted--March 19, 2008)
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
S. 1233 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 59-112-20 OF THE 1976 CODE RELATING TO SOUTH CAROLINA DOMICILE FOR TUITION AND FEE PURPOSES, TO PROVIDE THAT INDEPENDENT PERSONS WHO RESIDE IN AND HAVE BEEN DOMICILED IN SOUTH CAROLINA FOR FEWER THAN TWELVE MONTHS, AND THEIR DEPENDENTS, MAY BE CONSIDERED ELIGIBLE FOR IN-STATE TUITION AND FEES AS LONG AS THE INDEPENDENT PERSON IS EMPLOYED ON
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
H. 4680 (Word version) -- Reps. Walker, Anthony, W.D. Smith, Littlejohn, Talley, Kelly, Mahaffey and Davenport: A BILL TO AMEND ACT 906 OF 1962, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION OF A MEMBER FROM CHEROKEE COUNTY SCHOOL DISTRICT ONE AND A MEMBER FROM THE SCHOOL DISTRICT OF UNION COUNTY, TO REDUCE FROM FOUR TO TWO THE AT-LARGE MEMBERS FROM SPARTANBURG COUNTY AND TO PROVIDE TRANSITION PROVISIONS.
Ordered for consideration tomorrow.
S. 1284 (Word version) -- Senators Elliott, Sheheen and Lourie: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND BOBBY T. JONES OF CAMDEN FOR THREE TERMS OF FAITHFUL SERVICE ON THE SOUTH CAROLINA TRANSPORTATION COMMISSION AND TO WISH HIM SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 880 (Word version) -- Senators Campsen, Knotts, Fair and Scott: A BILL TO AMEND SECTION 56-1-2110 OF THE 1976 CODE, RELATING TO DISQUALIFICATION FROM DRIVING A COMMERCIAL MOTOR VEHICLE, TO PROVIDE THAT A PERSON WITH A VERIFIED POSITIVE DRUG TEST OR ALCOHOL CONFIRMATION TEST IS DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE UNTIL THE PERSON SUCCESSFULLY COMPLETES AN ALCOHOL OR DRUG
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (880R002.GEC), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 56 of the 1976 Code is amended by adding:
South Carolina CDL Drug Testing Act
Section 56-1-2200. This article may be cited as the 'South Carolina CDL Drug Testing Act'.
Section 56-1-2210. (1) Unless otherwise specified, the terms used in this article have the same meaning as those terms defined in 49 C.F.R. 40.3 in effect on January 1, 2007.
(2) For purposes of this article, 'employer' includes all motor carriers or employers who employ drivers who operate commercial motor vehicles and who are required to have a drug and alcohol testing program pursuant to the Federal Motor Carrier Safety Regulations, 49 C.F.R. 382 or to a consortium to which the carrier or employer belongs and consortiums or third party administrators who perform drug and alcohol testing services pursuant to 49 C.F.R. 382 for an owner-operator.
(3) For purposes of this article, 'employee' includes any person holding a resident or nonresident commercial motor vehicle driver's license employed by an employer described in subsection (2) who performs a safety sensitive function, or an owner-operator subject to testing by a consortium or third party administrator who perform drug and alcohol testing services pursuant to 49 C.F.R. 382.
(4) For purposes of this article, 'applicant' means any person holding a resident or nonresident commercial motor vehicle driver's license seeking employment with an employer described in subsection
Section 56-1-2220. (A) All employers shall report to the Department of Motor Vehicles within three business days a refusal by an employee or applicant made to the employer to provide a specimen for a drug or alcohol test, under circumstances that constitute the refusal of a test under 49 C.F.R. 40.
(B) All medical review officers or breath alcohol technicians hired by or under contract to an employer shall report to the employer within three business days:
(1) a verified positive drug test or positive alcohol confirmation test of an employee or applicant,
(2) a refusal by an employee or applicant to provide a specimen for a drug or alcohol test, under circumstances that constitute the refusal of a test under 49 C.F.R. 40, or
(3) the submission of an adulterated specimen, a dilute positive specimen, or a substituted specimen by an employee or applicant.
(C) Employers shall make it a written condition of their contract or agreement with a medical review officer or breath alcohol technician, regardless of the state where the medical review officer or breath alcohol technician is located, that the medical review officer or breath alcohol technician is required to report to the employer the information required by subsection (B).
(D) Upon receipt of the notification from a medical review officer or a breath alcohol technician, employers shall report to the department within three business days:
(1) a verified positive drug test or positive alcohol confirmation test of an employee or applicant,
(2) a refusal by an employee or applicant made to a medical review officer or breath alcohol technician to provide a specimen for a drug or alcohol test, under circumstances that constitute the refusal of a test under 49 C.F.R. 40, or
(3) the submission of an adulterated specimen, a dilute positive specimen, or a substituted specimen by an employee or applicant.
(E) The notification required by this section must be made in a manner approved by the department and must include on the notification submitted to the department a coding method that indicates whether the person who is the subject of the notification is an employee or applicant.
(F) An employer must maintain a record of the notification to the department on each employee or applicant for three years.
(G) The records required by this subsection are subject to inspection by the Department of Public Safety.
(H) Evidence included in a person's motor vehicle record that indicates the person tested positive on a drug or alcohol confirmation test, refused to submit to a drug or alcohol confirmation test, or submitted a diluted or adulterated specimen is not admissible in any action unless probative to demonstrate that the person was under the influence of drugs or alcohol at the time of an accident that is the subject of the action.
Section 56-1-2230. (A) An employer, medical review officer, or breath alcohol technician who knowingly fails to make a report to the Department of Motor Vehicles as required by this article is subject to a fine of up to five hundred dollars.
(B) An employer who employs a person in a safety sensitive function when the employer knows the employee is disqualified from driving a commercial motor vehicle pursuant to Section 56-1-2110(G) is subject to a fine of up to two thousand dollars.
(C) The penalties provided by this section do not apply to the State, a state agency, or a political subdivision.
(D) Any person or entity is immune from liability for the good faith performance of any duty imposed by this article.
(E) Fines collected pursuant to this section must be credited to the Department of Public Safety - State Transport Police Division."
SECTION 2. Section 56-1-2110 of the 1976 Code is amended to read:
"Section 56-1-2110. (A) A person is disqualified from driving a commercial motor vehicle for not less than one year if convicted of a first violation of:
(1) driving a motor vehicle under the influence of alcohol, a controlled substance, or a drug which impairs driving ability as prescribed by state law;
(2) driving a commercial motor vehicle while the alcohol concentration of the person's blood or breath or other bodily substance is four-one hundredths or more;
(3) leaving the scene of an accident involving a motor vehicle driven by the person;
(4) using a motor vehicle in the commission of a felony as defined in this article;
(5) refusal to submit to a test to determine the driver's alcohol concentration while driving a motor vehicle;
(6) driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver's license is revoked, suspended, or cancelled, or the driver is disqualified from operating a commercial motor vehicle;
(7) causing a fatality through the negligent operation of a commercial motor vehicle, including, but not limited to, the crimes of motor vehicle manslaughter, homicide by a motor vehicle, and negligent homicide.
If any of the above violations occur while transporting a hazardous material required to be placarded, the person is disqualified for not less than three years.
(B) A person is disqualified for life if convicted of two or more violations of any of the offenses specified in subsection (A) or a combination of those offenses, arising from two or more separate incidents.
(C) Only offenses committed after the effective date of this article may be considered in applying this subsection.
(D) The department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (B) may be reduced to not less than ten years.
(E) A commercial driver's license holder is disqualified from driving a commercial motor vehicle for life who uses a commercial motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance or possession with intent to manufacture, distribute, or dispense a controlled substance.
(F) A person is disqualified from driving a commercial motor vehicle for not less than sixty days if convicted of two serious traffic violations or one hundred twenty days if convicted of three serious traffic violations committed in a motor vehicle arising from separate incidents occurring within a three-year period.
(G) A person is disqualified from driving a commercial motor vehicle if a report pursuant to Section 56-1-2220 has been received by the Department of Motor Vehicles that the person has received a verified positive drug test or positive alcohol confirmation test, or refused to take a drug or alcohol test. A disqualification under this subsection remains in effect until the person undergoes a drug and alcohol assessment by a substance abuse professional meeting the requirements of 49 C.F.R. 40, and the substance abuse professional certified in a manner approved by the Department of Alcohol and Other Drug Abuse Services that the person has successfully completed a drug
(G)(H) After suspending, revoking, or canceling a commercial driver's license, the department shall update its records to reflect that action immediately. After suspending, revoking, or canceling a nonresident commercial driver's privilege, the department shall notify the licensing authority of the state which issued the commercial driver's license or commercial driver's instruction permit within ten days.
(H)(I) For purposes of this section, serious traffic violations are those violations contained in Section 56-1-2030(22) and 49 CFR 383.5 and 383.51."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN 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. 1207 (Word version) -- Senators Matthews, Patterson, Williams, Anderson and Jackson: A BILL TO AMEND SECTION 59-127-20 OF THE 1976 CODE, RELATING TO THE ELECTION OF BOARD MEMBERS TO THE SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES, TO PROVIDE THAT NINE MEMBERS OF THE BOARD ARE ELECTED BY THE GENERAL ASSEMBLY, ONE FROM EACH CONGRESSIONAL DISTRICT AND THREE FROM THE STATE AT LARGE, AND TO PROVIDE THAT THE SOUTH CAROLINA STATE UNIVERSITY ALUMNI ASSOCIATION ELECTS THREE MEMBERS OF THE BOARD OF TRUSTEES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (1207R003.JWM), which was adopted:
Amend the bill, as and if amended, on page 2, by striking lines 7 - 9 and inserting:
/ in number to each congressional district, Seats 8, 9, and 12 elected by the alumni association, and Seats 7-12 7, 10, and 11 at large. The Governor or his designee occupies Seat 13. Of the three /
Amend the bill further, as and if amended, on page 3, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. Notwithstanding the provisions in Section 59-127-20(A) concerning alumni-elected seats on the board of trustees, duly elected board members representing Seats 8 and 9 as of the effective date of this act and the board member elected during the 2008 Legislative Session to represent Seat 12 may serve the remainder of the term to which they were elected even if they are not alumni of the university. All subsequent board members representing Seats 8, 9, and 12 must be elected by the alumni association as provided in this act./
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS 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. 1251 (Word version) -- Senator Peeler: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE SENATE OFFICE BUILDING ON THURSDAY, DECEMBER 4, 2008, AND FRIDAY, DECEMBER 5, 2008, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
The Senate Resolution was adopted.
S. 1281 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 28, 2008, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE
S. 1285 (Word version) -- Senators Anderson, Fair, Thomas and Vaughn: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNIVERSITY RIDGE IN THE CITY OF GREENVILLE FROM ITS INTERSECTION WITH CLEVELAND STREET TO ITS INTERSECTION WITH CHURCH STREET "WILFRED J. WALKER STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THE WORDS "WILFRED J. WALKER STREET".
H. 4897 (Word version) -- Rep. Gullick: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE CHARITABLE WORK OF THE SOUTH CAROLINA LIONS INTERNATIONAL AND TO SET ASIDE APRIL 13 TO APRIL 20, 2008, AS LIONS WEEK IN SOUTH CAROLINA IN HONOR OF THE SOUTH CAROLINA LIONS CONVENTION TO BE HELD FROM APRIL 17 TO APRIL 20, 2008.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4906 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 21, 2008, IMMEDIATELY FOLLOWING THE ELECTION OF A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS AND A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE COLLEGE OF CHARLESTON, THE CITADEL, CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, FRANCIS MARION
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.
Senator KNOTTS proposed the following amendment (4906R001.JMK), which was adopted:
Amend the concurrent resolution, as and if amended, by striking lines 37 through 42 on page 1 and by striking lines 1 through 6 on page 2, and inserting:
/ (1) That the House of Representatives and the Senate meet in joint session in the Hall of the House of Representatives on Wednesday, May 21, 2008, immediately following the election of a successor to a certain judge of the Court of Appeals and a successor to a certain judge of the family court, for the purpose of electing certain members of the boards of trustees of the College of Charleston, The Citadel, Clemson University, Coastal Carolina University, Francis Marion University, Lander University, Medical University of South Carolina, South Carolina State University, the University of South Carolina, Wil Lou Gray Opportunity School, and Winthrop University to succeed those members whose terms expire in 2008, or whose positions otherwise must be filled, and who were screened on February 25, 2008. /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House.
H. 4735 (Word version) -- Reps. Harrell, Cato, Funderburk, Loftis, Sandifer, Thompson, Owens, Harvin, Bedingfield, Leach, Bales, Whipper and R. Brown: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA EDUCATIONAL BROADBAND SERVICE COMMISSION FOR THE PURPOSE OF OBTAINING AND EVALUATING PROPOSALS FROM COMMERCIAL ENTITIES FOR THE LEASING OF SPECTRUM CAPACITY LICENSED TO THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK, TO PROVIDE A PROCESS FOR APPROVAL OF THE LEASES, TO PROVIDE THAT ANY REVENUE RECEIVED FROM THE LEASE OF SPECTRUM CAPACITY SHALL BE DEPOSITED INTO THE STATE GENERAL FUND, TO EXEMPT THE LEASES FROM THE CONSOLIDATED PROCUREMENT CODE, AND TO PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE COMMISSION.
On motion of Senator MARTIN, the Joint Resolution was carried over.
S. 1242 (Word version) -- Senators Leatherman, Cleary, Short and Hayes: A BILL TO ESTABLISH THE SOUTH CAROLINA TAXATION REALIGNMENT COMMISSION, TO PROVIDE FOR THE COMMISSION'S MEMBERSHIP, POWERS, DUTIES, AND RESPONSIBILITIES, TO PROVIDE THAT THE COMMISSION MUST CONDUCT A COMPREHENSIVE STUDY OF THE STATE'S TAX SYSTEM AND SUBMIT A REPORT OF ITS RECOMMENDED CHANGES TO FURTHER THE GOAL OF MAINTAINING AND ENHANCING THE STATE AS AN OPTIMUM COMPETITOR IN THE EFFORT TO ATTRACT BUSINESSES AND INDIVIDUALS TO LOCATE, LIVE, WORK, AND INVEST IN THE STATE, AND TO PROVIDE FOR PROCEDURES GOVERNING THE CONSIDERATION OF LEGISLATION RESULTING FROM THE COMMISSION'S RECOMMENDATIONS.
On motion of Senator MARTIN, the Bill was carried over.
S. 1070 (Word version) -- Senators Peeler, Ryberg, Knotts, Hawkins and Vaughn: A BILL TO AMEND CHAPTER 1, TITLE 7 OF THE 1976 CODE BY ADDING SECTION 7-1-90 TO PROVIDE FOR THE 'CANDIDATE VOLUNTARY DRUG TESTING PROGRAM', TO PROVIDE THAT
Senator PEELER 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 third reading of the Bill.
Senator PEELER asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.
There was no objection.
Having received the requisite number of votes under the provisions of Rule 26B, Amendment No. 1 was taken up for immediate consideration.
Senator PEELER proposed the following Amendment No. 1 (1070R006.HSP), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 2, by striking lines 1-12 and inserting:
/ (1) the tested sample must be collected by a physician that observes all submission protocols required by the laboratory that tests the sample, or collected by the laboratory testing the sample, within thirty days prior to or ten days subsequent to filing,
(2) the sample must be tested by a laboratory certified under the National Laboratory Certification Program,
(3) the test must only screen for illegal substances commonly screened for persons performing safety sensitive functions, as provided in 49 C.F.R. 40.85, and
(4) the original certified results form prepared by the laboratory that tested the sample must be submitted by the candidate to the authority with which the candidate files or the screening committee, as appropriate. /
Amend the bill, as and if amended, SECTION 1, page 2, by striking lines 20 and 21 and inserting:
/ original certified results form in its records for ninety days after the final election for a particular candidate, at which time the results must be /
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
H. 4800--GENERAL APPROPRIATIONS BILL
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
Senator LEATHERMAN, Chairman of the Senate Finance Committee, was recognized to speak on the Bill.
At 1:11 P.M., Senator McCONNELL assumed the Chair.
Senator LEATHERMAN, Chairman of the Senate Finance Committee, resumed speaking on the Bill.
Senator PEELER, Vice Chairman of the Senate Finance Committee, spoke on the Bill.
Senator PEELER, Chairman of the Subcommittee on K-12 Education, was recognized to report to the Senate regarding the work of the subcommittee.
Senator THOMAS, Chairman of the Subcommittee on Constitutional and Administrative Laws, was recognized to report to the Senate regarding the work of the subcommittee.
At 1:25 P.M., the PRESIDENT assumed the Chair.
Senator McGILL, Chairman of the Subcommittee on Natural Resources and Economic Development, was recognized to report to the Senate regarding the work of the subcommittee.
Senator COURSON, Chairman of the Subcommittee on Higher Education, was recognized to report to the Senate regarding the work of the subcommittee.
Senator ALEXANDER, Chairman of the Subcommittee on Health and Human Services, was recognized to report to the Senate regarding the work of the subcommittee.
Senator FAIR, Chairman of the Subcommittee on Corrections and Public Safety, was recognized to report to the Senate regarding the work of the subcommittee.
On motion of Senator LEATHERMAN, with unanimous consent, staff members from the Budget and Control Board were authorized as necessary to be in that area behind the rail and further, that committee staff designated by the President Pro Tempore were admitted to the floor of the Senate Chamber while debate was in progress on H. 4800, the General Appropriations Bill.
Senator LEATHERMAN moved that the Report of the Senate Finance Committee be adopted, provided, that all Points of Order are preserved and shall remain timely.
The motion was adopted.
The Report of the Senate Finance Committee was adopted.
The question then was the second reading of the Bill.
Senator PEELER proposed the following Amendment No. 6 (CP CHE IN-STATE TUITION.DOC), which was adopted (#1):
Amend the bill, as and if amended, Part IB, Section 6, COMMISSION ON HIGHER EDUCATION, page 405, paragraph 29, by striking the proviso in its entirety, lines 20 - 22 and inserting:
/(CHE: In-State Tuition) Beginning in Fiscal Year 2008-09, independent persons who reside in and have been domiciled in South Carolina for fewer than twelve months with an intention of making a permanent home therein pursuant to Title 59 and Chapter 112, and their dependents, may be considered eligible for in-state tuition and fees as long as such independent person is employed on a full-time basis within an adjoining county in North Carolina or Georgia. The Commission on Higher Education shall explore and establish, if possible, a reciprocal agreement for persons full-time employed in SC but domiciled in an adjoining county in North Carolina or Georgia and their dependents.//
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
Senator LEATHERMAN proposed the following Amendment No. 22 (DAD 89.115 LAYMAN.DOC), which was adopted (#2):
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 555, paragraph 89.115, lines 23-28, by striking the proviso in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator LEATHERMAN explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator FAIR proposed the following Amendment No. 4 (DC ALCOHOL MONITORING OPERATIONS.DOC), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 48, STATE LAW ENFORCEMENT DIVISION, page 465, lines 32-35, and page 466, lines 1-2, paragraph 48.17, by striking the proviso in its entirety, and inserting:
/ 48.17. (SLED: Compliance/Underage Alcohol/Tobacco Enforcement DPPPS Alcohol Monitoring Operations) Notwithstanding any other provision of law In addition to all other fees provided by law, all initial alcoholic liquor, beer and wine license application fees shall be increased by one hundred dollars, all biennial alcoholic liquor, beer and wine beverage fees and licenses shall be increased by two hundred dollars, and all local operation permit fees shall be increased by fifty dollars. These additional funds shall be collected by the Department of Revenue and as soon as practicable allocated to the State Law Enforcement Division Department of Probation, Parole, and Pardon Services to offset the costs of inspections, investigations, and enforcement its alcohol monitoring or other operations. SLED DPPPS is authorized to receive, expend and carry forward these funds./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator FAIR explained the amendment.
Senator LAND raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A.
Senator LEATHERMAN spoke on the Point of Order.
Senator FAIR spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Amendment No. 4 was ruled out of order.
Senator THOMAS proposed the following Amendment No. 25 (DAD SCEIS FLEXIBILITY.DOC), which was adopted (#3):
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 521, after line 18, by adding an appropriately numbered paragraph to read:
/ (BCB: SCEIS Flexibility) In addition to the flexibility authorized in provision 89.112 (GP: Flexibility), the Executive Director of the Budget and Control Board is directed to transfer and utilize funds from any other accounts within the agency in an effort to maintain critical development of infrastructure assets of the statewide SCEIS implementation until further funding is appropriated by the General Assembly. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator McGILL raised a Point of Order that Proviso 81.15 of Part 1B was out of order inasmuch as it was violative of Rule 24A.
81.15. (DOR: Local Hospitality Tax Collection Procedures) From the funds appropriated to the Department of Revenue, the department shall develop procedures and guidelines to begin collecting the local hospitality tax authorized to local governing bodies in Chapter 1 of Title 6 of the 1976 Code. The department must combine the collection of this tax with the collection of sales taxes and remit the collections, less its administrative fee, to the local governing bodies. The department shall be allowed to retain for budgeted operations 1% of the amounts collected in local hospitality taxes to defray administrative costs associated with the collection of the tax.
Senator MARTIN spoke on the Point of Order.
Senator REESE spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Section 81.15 of Part 1B was ruled out of order.
Senator LEVENTIS raised a Point of Order that Proviso 89.108 of Part 1B was out of order inasmuch as it was violative of Rule 24A.
89.108. (GP: Personnel Administration Exemption) Employees of the Offices of the Lieutenant Governor, Secretary of State, State Treasurer, Attorney General, Comptroller General, Superintendent of Education, Adjutant General, and the Commissioner of Agriculture shall be exempt from the provisions of Article 5, Chapter 17, Title 8 of the 1976 Code of Laws, as amended, if those employees report directly to a constitutional officer or report directly to a person who reports directly to a constitutional officer. Additionally, management employees of the Department of Alcohol and Other Drug Abuse Services, the Department of Commerce, the Department of Corrections, the Department of Health and Human Services, the Department of Insurance, the Department of Juvenile Justice, the Department of Labor, Licensing and Regulation, the Department of Parks, Recreation and Tourism, the Department of Probation, Parole, and Pardon Services, the Department of Revenue, the Department of Social Services, the State Law Enforcement Division, the Department of Motor Vehicles, and the Department of Public Safety shall be exempt from the provisions of Article 5, Chapter 17, Title 8 of the 1976 Code of Laws, as amended, if those employees report directly to the agency head or report directly to a person who reports directly to the agency head.
The PRESIDENT sustained the Point of Order.
Section 89.108 was ruled out of order.
Senator FAIR proposed the following Amendment No. 7 (DC ELECTRICITY FRANCHISE FEE.DOC), which was adopted (#4):
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 555, after line 29, by adding an appropriately numbered paragraph to read:
/(Electricity Franchise Fee) The State shall not pay a franchise fee to any municipality or utility with respect to electrical power provided to the State by a utility under the "Stateline Accounts." The "Stateline Accounts" referenced in this proviso are those State electrical power accounts that arose from the 1925 agreement validated, ratified and approved in Act No. 440 of 1925 (34 Stats. 852)./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator FAIR explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL raised a Point of Order that Proviso 89.110 of Part 1B 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."
89.110. (GP: Printed Graphic Materials Surcharge) For the current fiscal year in addition to all other taxes collected on printed materials, any entity that sells adult entertainment printed materials depicting frontal nudity shall collect a surcharge equivalent to twenty percent of the cost of such printed material sold by the entity and shall remit these funds to the Department of Revenue. Frontal nudity is defined as exposure of any genitalia or exposure of the entire breast of women in a manner that a reasonable/average person applying contemporary community standards would find to be a lascivious exhibition. Adult entertainment printed materials means those materials printed or published with a substantial purpose that is the sale or distribution of sexually explicit matter and that is prohibited to persons under the age of 18. Adult entertainment printed materials shall not include printed materials where the primary purpose or publication is for educational value or any purpose other than adult entertainment. The Department of Revenue shall provide collection and remittance procedures for this surcharge. All revenue collected under this provision must be transferred to the Department of Probation Parole and Pardon Services, and the department shall
Senator FAIR spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Section 89.110 of Part 1B was ruled out of order.
Senator ALEXANDER proposed the following Amendment No. 12 (AS TOBACCO DEALLOCATION - YOUTH SMOKING PREVENTION AND CESSATION.DOC), which was adopted (#5):
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 557, paragraph 5, line 31, by striking /$10,000,000/ and re-inserting /$10,500,000/
Amend the bill further, as and if amended, Part IB, page 557, paragraph 5, line 32-33, by striking:/to the Department of Health and Human Services/
Amend the bill further, as and if amended, Part IB, page 557, paragraph 5, line 33, by inserting after $10,000,000:
/shall be transferred to the Department of Health and Human Services/
Amend the bill further, as and if amended, Part IB, page 557, paragraph 5, line 33, by inserting after Medicaid:
/and $500,000 shall be transferred to the Department of Health and Environmental Control for the Youth Smoking Prevention and Cessation program./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senator ALEXANDER proposed the following Amendment No. 13 (AS DHEC - TOBACCO PREVENTION & CESSATION.DOC), which was adopted (#6):
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 574, paragraph 13, line 34, by striking
Amend the bill further, as and if amended, Part IB, page 574, paragraph 13, line 35, by striking /Cancer Research/ and inserting /Youth Smoking Prevention & Cessation /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
At 2:40 P.M., Senator MARTIN assumed the Chair.
Senator PEELER proposed the following Amendment No. 27 (LN 2 FTE DROPOUT TRUANCY.DOC), which was adopted (#7):
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 3, lines 18-19, opposite "Program Coordinator II" by:
COLUMN 7 COLUMN 8
/ INSERTING: (2.00) (2.00)/
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator PEELER explained the amendment.
Senator PEELER moved that the amendment be adopted.
The amendment was adopted.
At 2:45 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed thirty minutes.
At 3:45 P.M., the Senate resumed.
Senator ALEXANDER proposed the following Amendment No. 11 (AS PRIOR AUTHORIZATION FORMULARY CHANGES.DOC), which was adopted (#8):
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 419, paragraph 42, by striking lines 22 - 25 in their entirety, and inserting:
/formulary change regarding a medication prescribed to treat one of the conditions listed above will adversely affect the patient's condition, the grievance process must be exhausted prior to the beneficiary initiating disenrollment from the plan. At no time will a patient who is actively on medication for treatment of one of the above conditions at the time of enrollment in a managed care plan be denied coverage for such medication until resolution of the grievance process. If the department determines the grievance process does not provide favorable relief for the beneficiary, the beneficiary shall be allowed to enroll in fee-for-service or another managed care plan providing formulary coverage./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
Senators SHORT and FAIR proposed the following Amendment No. 14A (4800R009.LHS.DOC), which was adopted (#9):
Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 436, after line 16, by adding an appropriately numbered paragraph to read:
/ (DSS: Child Care Voucher) State funds allocated to the Department of Social Services and used for child care vouchers must be used to enroll eligible recipients within provider settings exceeding the state's minimum child care licensing standards. The department may waive this requirement on a case by case basis. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
Senators THOMAS, FAIR, VERDIN, ANDERSON, VAUGHN and RITCHIE proposed the following Amendment No. 8 (DAD UNIV CTR 1M FARMERS MARKET.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 34, DEPARTMENT OF AGRICULTURE, page 442, after line 6, by adding an appropriately numbered paragraph to read:
/ (AGRI: University Center of Greenville) Of the funds appropriated to the Department of Agriculture by Act 122 of 2007 for the Farmers Market, the department shall transfer $1,112,229 of the funds carried forward from the prior fiscal year to the Commission on Higher Education for the University Center of Greenville. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator THOMAS explained the amendment.
Senator THOMAS moved that the amendment be adopted.
Senator LEATHERMAN spoke on 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 the following Provisos of Part 1B were out of order inasmuch as each was violative of Rule 24A.
The PRESIDENT took the Points of Order under advisement.
Proviso 1.4
1.4. (SDE: EFA - Formula) The amount appropriated in Part IA, Section 1 for "Education Finance Act" shall be the maximum paid under the provisions of Act 163 of 1977 (the South Carolina Education Finance Act of 1977) to the aggregate of all recipients. The South Carolina Education Department shall develop formulas to determine the state and required local funding as stipulated in the South Carolina Education Finance Act of 1977. Such formulas shall require the approval of the State Board of Education and the Budget and Control Board. After computing the EFA allocations for all districts, the department shall determine whether any districts' minimum required local revenue exceeds the districts' total EFA Foundation Program.
In the event that the formulas as devised by the Department of Education and approved by the State Board of Education and the Budget and Control Board should provide for distribution to the various school districts totaling more than the amount appropriated for such purposes, subject to the provisions of this proviso, the Department of Education shall reduce each school district entitlement by an equal amount per weighted pupil so as to bring the total disbursements into conformity with the total funds appropriated for this purpose. If a reduction is required in the state's contribution, the required local funding shall be reduced by the proportionate share of local funds per weighted pupil unit. The Department of Education shall continually monitor the distribution of funds under the provisions of the Education Finance Act and shall make periodic adjustments to disbursements to insure that the aggregate of such disbursements do not exceed the appropriated funds.
Notwithstanding any other provision of law, local districts shall not be mandated or required to inflate the base number in their respective salary schedules by any percentage greater than the percentage by which the appropriated base student cost exceeds the appropriated base student cost of the prior fiscal year.
Proviso 1A.41
1A.41. (SDE-EIA: Report Card Printing) The State Department of Education is prohibited from printing the Annual School and District Report Card in any other color other than black and white. School districts must advertise the results of their schools' report cards in an audited newspaper of general circulation in their geographic area within 45 days. If the audited newspaper has previously published the entire report card results as a news item, this requirement is waived for the school and district. Notwithstanding Section 59-18-930, the requirement to mail school and district report cards is suspended and report cards may be sent home with the students. The parent survey required by Section 59-28-190 may be sent home with the students and the department must use the results of the parent survey to report parent perceptions on the school report cards.
Proviso 1A.45
1A.45. (SDE-EIA: Critical Geographic Area) Notwithstanding the provision of Section 59-26-20(j) for those students seeking loan cancellation under the Teacher Loan Program after July 1, 2004, "critical geographic area" shall be defined as schools that have an absolute rating of below average or unsatisfactory, schools where the average teacher turnover rate for the past three years is 20 percent or higher, or schools that meet the poverty index criteria at the 70 percent level or higher. The list shall also include special schools, alternative schools, and correctional centers as identified by the State Board of Education. After July 1, 2005, students shall have their loan canceled based on those schools or districts designated as a critical geographic area at the time of employment. The definition of critical geographic area shall not change for those students who are in the process of having a loan canceled, on or before June 30, 2005. Beginning in Fiscal Year 2005-06 the maximum loan amount will be increased to an amount not to exceed $20,000.
Proviso 1A.47
1A.47. (SDE-EIA: EAA Summer School, Grades 3-8) Funds appropriated for summer school shall be allocated to each local public school district based on the number of academic subject area scores below the basic on the prior year Spring PACT administration for students in grades three through eight and on the number of students entering ninth grade who score below proficient in reading. Individual student scores on the PACT shall not be the sole criterion used to determine whether a student on an academic plan the prior year will be placed on probation or retained. Individual student scores on the PACT shall not be the sole criterion for requiring students to attend summer school. School districts may consider other factors such as student performance, teacher judgment, and social, emotional, and physical development in placing students on academic probation or requiring summer school attendance. Students may not be placed on academic probation or retained based solely on the PACT scores. The State Department of Education working with the Education Oversight Committee must develop a method to supplement the PACT with diagnostic training and materials aligned to the content standards. Current year appropriations may be expended for prior year EAA summer school purposes. Local public school districts shall utilize these funds in accordance with the requirements of Section 59-18-500 of the 1976 Code. The State Department of Education is directed to
Proviso 6.10
6.10. (CHE: Furlough) Notwithstanding Section 8-11-195 of the 1976 Code, or any other provision of law, in a fiscal year in which the general funds appropriated for an institution of higher education are less than the general funds appropriated for that institution in the preceding fiscal year, or whenever the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, agency heads for institutions of higher education and the State Board for Technical and Comprehensive Education through policy and procedure for the Technical College System may institute employee furlough programs of not more than twenty working days in the fiscal year in which the deficit is projected to occur. The furlough must be inclusive of all employees regardless of source of funds, place of work, or tenure status, and must include employees in classified positions and unclassified positions as well as agency heads. Scheduling of furlough days, or portions of days, shall be at the discretion of the agency or individual institution. During this furlough, affected employees shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries. As to those benefits which require employer and employee contributions, including but not limited to contributions to the South Carolina Retirement System or the optional retirement program, institutions will be responsible for making both employer and employee contributions during the time of the furlough if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions. Placement of an employee on furlough under this provision does not constitute a grievance or appeal under the State Employee Grievance Act. In the event an institution's reduction
Proviso 6.11
6.11. (CHE: Unspent Scholarship Grants) Notwithstanding the provisions of Section 59-143-10, any unspent balance in the Higher Education Scholarship Grants share of the Children's Education Endowment Fund, including interest and low-level radioactive waste tax revenue from previous years' collections, may be made available for Need-based Grants and Palmetto Fellows Scholarships during the current fiscal year.
Proviso 6.14
6.14. (CHE: Gifted Student Scholarship Criteria) For an exceptionally gifted student who is a resident of South Carolina and is accepted into an institution of higher learning without having attended or graduated from high school, the Commission on Higher Education by regulation must define alternative criteria for the student to qualify for a Palmetto Fellows Scholarship.
Proviso 6.17
6.17. (CHE: International Exchange Program Abatement) State supported colleges and universities which have an established and ongoing relationship in one or more degree programs with an international institution, the terms of which have been formally approved by the institution's Board of Trustees, and the relationship includes regular arrangements for the enrollment of qualified students and/or the exchange of faculty between the institutions, although not necessarily in equal exchange numbers, may charge tuition to such qualified students at the South Carolina resident rate.
Proviso 6.20
6.20. (CHE: Excellence Enhancement Program Additions) Notwithstanding any other provision of law, Converse College and Columbia College shall be eligible to receive funds under the Higher Education Excellence Enhancement Program.
Proviso 15.5
15.5. (USC: Beaufort Campus - Reciprocal Tuition) The University of South Carolina Beaufort Campus may offer in-state tuition to any student whose legal residence is in the Chatham-Effingham and Bryan County area of the neighboring state of Georgia as long as the Georgia Board of Regents continues its Georgia Tuition Program by which in-state tuition is offered to students residing in the Beaufort/Jasper County area of the State of South Carolina.
Proviso 18.4
18.4. (TEC: NC/GA Reciprocal) The South Carolina Technical Colleges may offer in-state tuition to the bordering North Carolina and Georgia communities when a negotiated reciprocal agreement is in effect with the two-year colleges in these neighboring regions or when students from these out-of-state communities are employed by South Carolina employers who pay South Carolina taxes.
Proviso 19.2
19.2. (ETV: New Facility Equipment Purchases & Renovations) Notwithstanding any other provisions of law, the commission, with approval by the Budget and Control Board, is allowed to sell or lease its facilities, property, equipment, programs, publications, and other program related materials, and funds received therefrom may be used for equipment purchases and renovations of its facilities upon review by the Joint Bond Review Committee and approval by the Budget and Control Board.
Proviso 21.9
21.9. (DHHS: Managed Care) The Insurance Law of South Carolina and the regulations promulgated thereunder shall not apply to partially capitated, primary care providers, insofar as such groups or individuals are defined by and agree to provide health care services under South Carolina's Medicaid Managed Care Program.
Proviso 21.13
21.13. (DHHS: Generic Drugs) With respect to prescriptions reimbursed through the South Carolina Medicaid Program, Medicaid recipients for whom the pharmaceuticals are intended are deemed to have consented to substitution of a less costly equivalent generic product which will result in a cost savings to the South Carolina Medicaid program. Therefore, individual Individual patient consent for
Proviso 21.17
21.17. (DHHS: Hospital Tax - Medicaid Expansion Fund) The tax on licensed hospitals imposed pursuant to Article 11, Chapter 23, Title 12 of the 1976 Code, must initially equal two hundred and sixty-four million dollars. The amount of each general hospital's tax shall be derived from Schedule B, Part 1 of each hospital's cost report. The initial annual tax shall be collected, beginning July 1, 2006, based upon the reconciled account of each general hospital under this Article considering any partial payments or uncollected portion of the previous assessment under this Article for the fiscal year ending June 30, 2006 and upon notification from the Department of Revenue, on behalf of and based upon calculations performed by the Department of Health and Human Services, each general hospital shall remit the balance due based on a payment schedule as determined by the Department of Health and Human Services. Furthermore, beginning July 1, 2006, on the first day of each quarter, each general hospital shall remit one-fourth of a second and each successive annual tax, as calculated above, based upon operations conducted during the fiscal year ending June 30, 2007, and each successive state fiscal year, to the Department of Revenue. The tax must be paid for each quarter a hospital is in operation. If a hospital ceases operations, the taxes not paid as a result of the cessation of operations must be apportioned among other hospitals in operation. In addition to the purposes specified in Section 44-6-155, monies in the Medicaid Expansion Fund shall be used to provide healthcare coverage to the Medicaid-eligible and uninsured populations in South Carolina.
Proviso 21.21
21.21. (DHHS: Franchise Fees Suspension) Franchise fees imposed on nursing home beds and enacted by the General Assembly during the 2002 session are suspended July 1, 2002.
Proviso 21.25
21.25. (DHHS: Pharmacy and Therapeutics Committee) There is established within the department the Pharmacy and Therapeutics Committee. The committee must consist of fifteen members appointed by the director and serving at his pleasure. The members must include eleven physicians and four pharmacists licensed to practice in South
Proviso 21.30
21.30. (DHHS: Federally Qualified Health Centers-Pharmacies) (A) Federally qualified health centers are suspended 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.
(C) A federally qualified health center may transport medications in the same manner as allowed by laws for free clinics and/or private physician practices.
Proviso 22.18
22.18. (DHEC: Medical & Dental Loan Program) Notwithstanding other provisions of law, unobligated Unobligated funds in the Medical
Proviso 22.25
22.25. (DHEC: Certificate of Public Advantage) Notwithstanding Regulation 61-31, Health Care Cooperative Agreements and other provisions of law, should the department of Health and Environmental Control issue a Certificate of Public Advantage, the applicant will pay to the department, an annual monitoring fee to cover the actual cost of audits and monitoring. This fee shall be used by the department in whatever manner solely for the purpose of monitoring Certificates of Public Advantage as set forth in Section 44-7-570(A).
Proviso 22.28
22.28. (DHEC: Church/Charitable Organization Food Preparation) The Department of Health and Environmental Control shall not use any funds appropriated or authorized to the department to enforce Regulation 61-25 to the extent that the regulation would prohibit churches and charitable organizations from preparing and serving food to the public on their own premises at not more than one function a month or not more than twelve functions a year.
Proviso 22.41
22.41. (DHEC: Hazardous Waste Contingency Fund) Beginning on July 1, 2006, all interest accruing on funds collected and held pursuant to Section 44-56-160 must be credited to the Hazardous Waste Contingency Fund and authorized for expenditure by the department to defray costs of governmental response actions at uncontrolled hazardous waste sites and for the purpose of response actions incidental to the transportation of hazardous materials.
Proviso 22.42
22.42. (DHEC: South Carolina State Trauma Care Fund) Of the funds appropriated to the South Carolina State Trauma Care Fund, $4,000,000 shall be utilized for increasing the reimbursement rates for trauma hospitals, for trauma specialists' professional fee, for increasing the capability of EMS trauma care providers from counties with a high rate of traumatic injury deaths to care for injury patients, and for support of the trauma system, based on a methodology as determined by the department with guidance and input from the Trauma Council as established in Section 44-61-530 of the South Carolina Code of Laws.
Proviso 22.45
22.45. (DHEC: Hospital Infections Reports) Of the funds appropriated to the department for Infectious Diseases, $276,245 will be allocated for Hospital Infections Reports. The department is authorized to phase-in the reporting requirements in consultation with the advisory committee appointed pursuant to Section 44-7-2430 of the 1976 Code.
Proviso 22.46
22.46. (DHEC: Hazardous Waste Fee) The department is authorized to assess each company generating hazardous waste a fee based on the amount of hazardous waste generated. Large Quantity Generators, as determined by R.61-79.262 South Carolina Hazardous Waste Regulations, producing greater than 100 tons of hazardous waste per year will be assessed an annual base fee of $1,000 per facility and a $1.50 per ton fee for all hazardous waste the company generates. Large Quantity Generators producing 100 tons or less of hazardous waste will be assessed an annual fee of $1,000. Small Quantity Generators will be assessed an annual fee of $500. Fees collected under this provision shall not exceed an annual cap of $15,000 per generator. Companies subject to fees required by Section 44-56-170(F) (1) of the 1976 Code are exempt from fees established by this provision. The fees collected under this provision shall be deposited to the Hazardous Waste Contingency Fund for response actions at uncontrolled hazardous waste sites.
Proviso 23.2
23.2. (DMH: Paying Patient Account) Notwithstanding any other provision of law and in In addition to other payments provided in Part I
Proviso 23.3
23.3. (DMH: Patient Fee Account) Notwithstanding any other provisions of law and in In addition to other payments provided in Part I of this act, the Department of Mental Health is hereby authorized during the current fiscal year, to provide the funds budgeted herein for $6,214,911 for departmental operations, $400,000 for the Continuum of Care, $50,000 for the Alliance for the Mentally Ill, $250,000 for S.C. SHARE Self Help Association Regarding Emotions, $50,000 for Palmetto Pathways, $50,000 for New Day Clubhouse, $15,000 for the Children's Advocacy Center of Spartanburg, and all fees collected at the Campbell Nursing Home and other veterans facilities for day-to-day operations, from the Patient Fee Account which has been previously designated for capital improvements and debt service under provisions of Act 1276 of 1970. The Department of Mental Health is authorized to fund the cost of Medicare Part B premiums from its Patient Fee Account up to $150,000. The South Carolina Alliance for the Mentally Ill, and the South Carolina Self-Help Association Regarding Emotions, Palmetto Pathways, New Day Clubhouse, and the Children's Advocacy Center of Spartanburg shall provide an itemized budget before the receipt of funds and quarterly financial statements to the Department of Mental Health. DMH is authorized to use unobligated Patient Paying Fee Account funds for community transition programs. The funds made available shall be utilized consistently with the Transition Leadership Council's definition of severely mentally ill children and adults. The department shall report their use of these funds to the Senate Finance Committee and the House Ways and Means Committee. This amendment is made notwithstanding other obligations currently set forth in this proviso.
Proviso 26.14
26.14. (DSS: Foster Care Fingerprint Reviews) Notwithstanding the provisions of Section 20-7-1640, of the SC Code of Laws, 1976, as amended, the The department is authorized to pay from funds
Proviso 26.22
26.22. (DSS: Penalty Assessment) The Department of Social Services may impose monetary penalties against a person, facility, or other entity for violation of statutes or regulations pertaining to programs, other than foster home licensing, that the department regulates. Penalties collected must be remitted to the State Treasurer for deposit into the State General Fund. The department shall promulgate regulations for each program in which penalties may be imposed. The regulations must include guidance on the decision to assess a penalty, the effect of failure to pay a penalty in a timely manner, and a schedule of penalty ranges that takes into account severity and frequency of violations. These regulations must provide for notice of the penalty and the right to a contested case hearing before a designee of or panel appointed by the director of the department. Judicial review of the final agency decision concerning a penalty must be in accordance with statutes or regulations that apply to judicial review of final revocation and denial decisions in that particular program. The department, in accordance with regulations promulgated pursuant to this provision, shall have discretion in determining the appropriateness of assessing a monetary penalty against a person or facility and the amount of the penalty. The authority to assess monetary penalties shall be in addition to other statutory provisions authorizing the department to seek injunctive relief or to deny, revoke, suspend, or otherwise restrict or limit a license or other types of operating or practice registrations, approvals, or certificates.
Proviso 27.3
27.3. (BLIND: Patriot's Point Vendor Exemption) For the current fiscal year, the provisions of Chapter 26, Title 43 of the 1976 Code pertaining to rules regulating vending facilities operated by persons who are blind do not apply to the Patriots Point Development Authority is not subject to provisions regulating vending facilities operated by persons who are blind.
Proviso 34.4
34.4. (AGRI: Seed Licenses) Notwithstanding any other provision of law, the department shall charge, for the licenses it issues pursuant to
Proviso 34.5
34.5. (AGRI: Specialty Crop Grant Indirect Cost Waiver) Notwithstanding any other provision of law, the Department of Agriculture is granted a waiver of the remittance of indirect cost recoveries for the Specialty Crop Grant (H.R. 2213, Section 7) supported by the United States Department of Agriculture through the Commodity Credit Corporation.
Proviso 34.6
34.6. (AGRI: Warehouse Receipts Guaranty Fund) The Department of Agriculture may retain and expend fifty thousand dollars from the Warehouse Receipts Guaranty Fund established by Section 39-22-150 of the 1976 Code as is necessary for the department to administer the funding of the program.
Proviso 34.8
34.8. (AGRI: Private Sector Calibrations) Notwithstanding any other provision of law, the Department of Agriculture shall charge a fee of $45.00 an hour based on a fee schedule for all calibrations performed for private sector entities by the Metrology Laboratory authorized by Section 39-9-68(3) of the 1976 Code of Laws. Revenues generated by these fees shall be for use by the Department of Agriculture to offset expenses incurred in operating the Metrology Laboratory.
Proviso 34.12
34.12. (AGRI: Grain Handlers Guaranty Fund) The Department of Agriculture may retain and expend one hundred thousand dollars of the interest from the Grain Handlers Guaranty Fund established by Section 46-41-230 of the 1976 Code as is necessary for the department to administer the funding of the program.
Proviso 35.4
35.4. (CU-PSA: Fee Increase) Notwithstanding any other provision of law, beginning FY 2001-2002, the Division of Regulatory and Public Service is authorized to increase the fertilizer, lime, and soil amendments registration fees; pesticide licensing fees; seed certification fees; and fertilizer inspection fees not to exceed twice the amount of the fee schedules set in FY 2000-2001.
Proviso 37.3
37.3. (DNR: Armed Forces Fishing/Hunting License) Any member of the armed forces of the United States who is a resident of South Carolina stationed outside of the state, shall upon presentation of his official furlough or leave papers, be allowed to fish or hunt without purchasing a fishing or hunting license.
Proviso 37.15
37.15. (DNR: Hunting License Fees) For the current fiscal year, the fee:
(1) for the combination hunting and fishing license issued pursuant to Section 50-9-510(3) of the 1976 Code is increased from twenty to twenty-five dollars;
(2) for the nonresident statewide license issued pursuant to Section 50-9-510(6) is increased from one hundred to one hundred twenty-five dollars;
(3) for the ten consecutive days regular hunting season license for a nonresident issued pursuant to Section 50-9-510(7) of the 1976 Code is increased from fifty to seventy-five dollars;
(4) for the three consecutive days regular hunting season license for a nonresident issued pursuant to Section 50-9-510(8) of the 1976 Code is increased from twenty-five to forty dollars; and
(5) for the big game nonresident permit issued pursuant to Section 50-9-510(10) of the 1976 Code, the fee is increased from eighty-nine to one hundred dollars.
Proviso 39.4
39.4. (PRT: Park Fee Structure) Notwithstanding Section 51-3-60 of the 1976 Code, in order to maintain the fiscal soundness and continued maintenance and operations of the State Park System, the Department of Parks, Recreation and Tourism is directed to maintain the adjustments in the fee structure implemented in September 2003 as a result of the study directed in the previous year by the General
Proviso 40.13
40.13. (CMRC: Economic Development Coordinating Council - Administrative Expenses) Notwithstanding any other provision of law, the Council: (1) may retain up to five percent of the revenue received by the State Rural Infrastructure Fund for the purposes of meeting administrative, reporting, establishment of grant guidelines, review of grant applications, and other statutory obligations; and (2) may increase the application fee for qualification for the Enterprise Zone Program from two thousand to four thousand dollars of which $500 will be shared with the Department of Revenue and establish annual renewal fees of $500 for the Enterprise Zone and Retraining Programs to be shared equally with the Department of Revenue for the purposes of meeting administrative, data collection, credit analysis, cost-benefit analysis, reporting, and other statutory obligations.
Proviso 40.22
40.22. (CMRC: Yearly Financial Audit) Notwithstanding any other provision of law, the Department of Commerce may have an Agreed Upon Procedures audit in lieu of having audited financial statements. This audit shall be in coordination with the State Auditor's Office and will be in accordance with generally accepted accounting principles and must comprise all financial records and controls. This audit must be completed by November 1 following the close of the fiscal year.
Proviso 46.7
46.7. (PCC: Drug Court Funding) (A) In addition to all other assessments and surcharges required to be imposed by law, during the current fiscal year, a one hundred dollar surcharge is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrates' or municipal court for misdemeanor or felony drug offenses. No portion of the surcharge may be waived, reduced, or suspended. (B) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction which heard or processed the case and paid to the State Treasurer within thirty days after receipt. The State Treasurer shall transmit these funds to the Prosecution Coordination Commission which shall then apportion these
Proviso 47.11
47.11. (INDEF: Assessments Increase) The assessment paid pursuant to Section 14-1-206, 14-1-207, or 14-1-208 by a person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in general sessions, magistrate's, or municipal court is increased from one hundred to one hundred seven and one-half percent of the fine imposed. The revenues generated by this increase of seven and one-half percent must be deposited in the General Fund of the State. From the total revenues generated by Sections 14-1-206, 14-1-207, and 14-1-208, and in addition to other uses prescribed by law, $3,200,000 shall be allocated to the following agencies for support of the programs specified: $500,000 to the Department of Juvenile Justice for the Juvenile Arbitration Program; $450,000 to the Department of Juvenile Justice for the Marine Institutes; $500,000 to the Department of Juvenile Justice for regional status offender programs, of which $106,000 must be allocated to the Anderson County Upstate Youth Camp; and $1,750,000 to the Office of Indigent Defense for use in offsetting budget cuts. It is the intent of the Legislature that the amount of the funds generated from this source and credited to the other State Agencies as provided by Section 14-1-206, 14-1-207, or 14-1-208 shall not be less than the amounts credited to those agencies in the previous fiscal year.
Proviso 45.1
45.1. (AG: Hiring of Attorneys) No department or agency of the State Government shall hire any classified or temporary attorney as an
Proviso 48.3
48.3. (SLED: Criminal Record Search Fee) (1) The State Law Enforcement Division shall charge and collect a fee of $25 for each criminal record search conducted pursuant to Regulations contained in Chapter 73, Article 3, Subarticle 1 of the Code of State Regulations. All revenue generated up to an amount of four million four hundred sixty-one thousand dollars collected from the criminal record search fee must be deposited to the General Fund of the State; any revenue generated above this amount shall be collected, retained, expended, and carried forward by the State Law Enforcement Division for agency operations. The sale or dissemination of the criminal history record database maintained by the State Law Enforcement Division is prohibited. The individual sale of individual criminal history records by SLED is not affected. Notwithstanding any other provision of law, criminal history record information, including arrest history, may be disseminated in accordance with regulations regardless of whether a corresponding judicial finding or disposition is part of the record.
Proviso 48.10
48.10. (SLED: Concealed Weapon Permit) The State Law Enforcement Division shall collect, retain, expend, and carry forward all fees associated with the Concealed Weapon Permit program.
Proviso 49.4
49.4. (DPS: License Fees) Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of revenues, all revenues derived under Title 56 credited to the Department of Public Safety must be credited to the General Fund of the State, except for those fees collected to recover the costs of the production, purchase, handling and mailing of documents, publications, records, and data sets, those fees collected under Sections 56-5-2951 and 56-1-286 for supplying and maintaining video cameras in law enforcement vehicles used for traffic enforcement and the issuance of the alcohol restricted license, those fees designated under Section 56-1-1320 to be used by the department to hire, train, and equip members of the highway patrol and state
Proviso 49.5
49.5. (DPS: Motor Carrier Registration Fees) Notwithstanding any other provisions of law, enforcement by the State Transport Police Division of the department, of Articles 3 and 5, of Chapter 23 of Title 58 of the 1976 Code, shall be funded from the motor carrier registration fees collected by the Department of Motor Vehicles that previously were collected by the Public Service Commission and the Department of Public Safety. Additionally, the State Transport Police is authorized to expend the motor carrier registration fees to build or renovate weigh stations. All unexpended funds from prior years collected under this proviso may be retained and carried forward by the department for the same purposes.
Proviso 49.14
49.14. (DPS: Law Enforcement Subsistence) The provisions of Section 56-19-420(B)(1) of the 1976 Code are suspended for the current fiscal year and instead of the allocation provided pursuant to that subitem, the first one million dollars must be deposited into the State General Fund and used to increase the subsistence allowance for law enforcement officers. For the current year the subsistence deduction allowed pursuant to Section 12-6-1140(6) of the 1976 Code is increased to eight dollars for each regular work day.
Proviso 49.17
49.17. (DPS: Yearly Financial Audit) Notwithstanding any other provision of law, the Department of Public Safety may have an Agreed Upon Procedures audit in lieu of having audited financial statements. This audit shall be in coordination with the State Auditor's Office and will be in accordance with generally accepted accounting principles and must comprise all financial records and controls. This audit must be completed by November 1 following the close of the fiscal year.
Proviso 50.3
50.3. (LETC: CJA-Miscellaneous Revenue) Notwithstanding any other provisions of law, revenue received from the sale of meals to employees and students attending non-mandated, advanced, or specialized training courses, sale of student locks and materials, sale of legal manuals and other publications, postal reimbursement, photo copying, sale of miscellaneous refuse and recyclable materials, tuition from non-mandated, advanced, or specialized courses, coin operated telephones, revenue from E-911 and Coroner training, private college tuition, and revenue from canteen operations and building management services, revenue from "Crime-to-Court" and other Criminal Justice Academy training series shall be retained by the Academy and expended in budgeted operations for food services, expansion of the department's distance learning programs, professional training, fees and dues, clothing allowance and other related services or programs as the Director of the Criminal Justice Academy may deem necessary. The Law Enforcement Training Council, Criminal Justice Academy shall report annually to the General Assembly the amount of miscellaneous revenue retained and carried forward.
Proviso 52.1
52.1. (DPPP: Offender-Related Record Information) The department is authorized to collect a fee for providing offender-related record information and for providing responses to freedom of information requests. The fee will be based on the staff time required to compile the information and the costs of supplies, photocopying and postage. The department must continue to remit fee proceeds to the general fund. Fee proceeds in excess of $6,000 may be retained by the department to offset associated costs and be carried forward from one fiscal year to another. Further, the department may accept unconditional gifts of money or personal property.
Proviso 53.3
53.3. (DJJ: Educational Funds Audit) Notwithstanding the provisions of the Education Finance Act, the South Carolina Department of Juvenile Justice shall have its educational funds audited by the Office of the State Auditor pursuant to a schedule established by the State Auditor, and said audit shall be sufficient to satisfy the timetable for audits required in Regulation 43175.
Proviso 53.12
53.12. (DJJ: Good Behavior Incentive) A child committed to the Department of Juvenile Justice for a determinate period pursuant to Section 20-7-7810 may be released by the department prior to the expiration of the determinate period for "good behavior" as determined by the department, after having served at least two-thirds of the time ordered by the court. The court, in its discretion, may include language in the order indicating that the child is not to be released prior to the expiration of the determinate period ordered by the court.
Proviso 53.17
53.17. (DJJ: Twelve-Month Funding) Notwithstanding any other provision of law, all funds disbursed to the Department of Juvenile Justice school district by the Department of Education shall be calculated using a base of 235 instructional days rather than a base of 190 instructional days. This includes, but is not limited to, all funding for teacher salary supplements, for instructional purposes or any other funds disbursed to the Department of Juvenile Justice school district's twelve-month continuous progress education program.
Proviso 65.6
65.6. (LLR: Cosmetologist, Esthetician, Manicurists License) Notwithstanding the provisions of Section 40-7-280 or any other provision of law, a person licensed as a cosmetologist, esthetician, or manicurist pursuant to Chapter 13 of Title 40 may practice, within the scope of practice authorized by the person's license, in a barbershop registered in accordance with this chapter.
Proviso 66.1
66.1. (DMV: Miscellaneous Revenue) Notwithstanding any other provisions of law, revenue received from the sale of legal manuals and other publications, postal reimbursement, third party commercial driver license testing, photo copying, sale of miscellaneous refuse and recyclable materials, insurance claim receipts, and tuition from non-mandated, advanced, or specialized courses shall be retained by the department and expended in budgeted operations and other related services or programs as the Director of the Department of Motor Vehicles may deem necessary. The Department of Motor Vehicles shall report annually to the General Assembly the amount of miscellaneous revenue retained and carried forward.
Proviso 66.5
66.5. (DMV: License Fees) Fees collected under Sections 56-5-2951 and 56-1-286 for supplying and maintaining video cameras in law enforcement vehicles used for traffic enforcement and the issuance of the alcohol restricted license, and those fees designated under Section 56-1-1320 to be used by the Department of Public Safety to hire, train, and equip members of the highway patrol and state transport police, shall be transferred to the Department of Public Safety. All fees collected to recover the costs of the production, purchase, handling and mailing of documents, publications, records, and data sets, and the revenues of fees imposed pursuant to Sections 56-1-170, 56-1-286, 56-1-390, 56-1-740, 56-1-745, 56-1-746, 56-5-750, 56-5-2951, 56-9-430, 56-10-260, and 56-10-270, but only the revenues of that portion of these fees that represents increases in the rate of these fees over rates in effect June 30, 2001, shall be transferred to the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles.
Proviso 66.6
66.6. (DMV: Expedited Documents and Records Upon Request) The Department of Motor Vehicles may collect a surcharge, not to exceed $20 per document, in addition to normal fees to expedite requests for copies of documents and records at the option of the requesting party. Requested documents or records will be available within 72 hours of receipt of the expedited request. Normal document and record processing time will be not more than 30 days. Funds derived from these sources shall be retained by the department. Nothing in this section may be construed as circumventing the requirements of Section 30-4-30 of the Freedom of Information Act for documents requested pursuant to Section 30-4-30.
Proviso 66.17
66.17. (DMV: Personalized License Plates) Notwithstanding the provisions of Section 56-3-2010(B) of the 1976 Code, as amended, every personalized license plate issued to members of the General Assembly and members of the licensed state or federal commissions and boards expires January thirty-first each year.
Proviso 68A.8
68A.8. (DOT: Relax Design/Construction Standards Authority) In recognition of budgetary restraints, the Department of Transportation,
Proviso 68A.13
68A.13. (DOT: Oversize and Overweight Permits) Notwithstanding any other provision of law, for the current fiscal year, the Department of Transportation may charge the following rates for Oversize and Overweight permits and licenses:
Single Trip $ 30.00
Excessive Width Over 16' $ 35.00
Excessive Width Over 18' $ 40.00
Excessive Width Over 20' $ 45.00
Excessive Width Over 22' $ 50.00
Multiple Trip (Annual) $ 100.00
House Moving License (Annual) $ 100.00
Superload Application (Non-Refundable) $ 100.00
Superload Engr Analysis Over 130,000 lbs. $ 100.00
Superload Engr Analysis Over 200,000 lbs. $ 200.00
Superload Engr Analysis Over 300,000 lbs. $ 350.00
Superload Impact Fee for Loads Over 130,000 lbs. $ 3.00/1,000 lbs.
Admin. Fee for Prorating Active Annual Permits $ 10.00
Admin. Fee for Road Machinery Permits $ 10.00.
The PRESIDENT took the Point of Order under advisement.
Proviso 72.6
72.6. (GOV: Governor's Office Budget) All other provisions of law notwithstanding, the Office of Executive Policy and Programs section, the Executive Control of State section and Mansion and Grounds section shall be treated as a single budget section for the purpose of transfers and budget reconciliation.
Proviso 73.1
73.1. (LTG: Personnel Administration Exemption) The staff of the Lieutenant Governor's Office who report directly to the Lieutenant Governor shall be exempt from the provisions of Article 3, Chapter 11,
Proviso 73.2
73.2. (LTG: Division on Aging Transfer) Notwithstanding any other provision of law, the The duties, functions and responsibilities of the Division on Aging are transferred from the Department of Health and Human Services to the Office of the Lieutenant Governor as the Office on Aging. A director must be employed to be the administrator of the office.
Proviso 74.1
74.1. (SS: Charitable Funds Solicitation - Fire Dept/Rescue Squads) A fire department or rescue squad conducting or intending to conduct a professional solicitation of charitable funds may comply with the registration and fee requirements of Chapter 56, Title 33 of the 1976 Code if the local governing body having jurisdiction over that department or squad and other departments or squads in its area singly registers the multiple departments or squads annually and pays a single annual registration fee to the Secretary of State of fifty dollars pursuant to Section 33-56-30. The single annual registration and fee payment of fifty dollars effectively registers all fire departments and rescue squads within the jurisdiction of the local governing body.
Proviso 76.6
76.6. (TREAS: Unclaimed Property) Notwithstanding Section 27-18-190(A) the State Treasurer shall only be required to publish a notice not later than April thirtieth of the year immediately following the report required by Section 27-18-180 by electronic means in this State or at least once in a newspaper of general circulation in the county of this State in which is located the last known address of any person named in the notice.
Proviso 76.8
76.8. (TREAS: Electronic Publication of Financial Institutions Cash) Notwithstanding Section 11-5-120, the State Treasurer shall publish quarterly, by electronic means and in a manner that allows for public
Proviso 80A.9
80A.9. (BCB: Compensation - Agency Head Salary) Notwithstanding any other provision of law in In the event of an agency head or technical or community college president vacancy, the governing board of the agency or the Governor, or the appointing authority if of a technical or community college president, must be in accord with and have the prior favorable recommendation of the Agency Head Salary Commission to set, discuss, or offer, or pay a salary for the agency head or technical or community college president at a rate that exceeds the minimum of the range established by the Agency Head Salary Commission. The Budget & Control Board shall have final approval authority for agency head and technical college president salaries. However, the agency head salary of the Department of Insurance shall be in accordance with the line item specification in Section 62 of Part IA, and shall be effective on the effective date of this Act. Boards and commissions of newly created agencies shall not offer or pay a salary to a prospective agency head until a salary range has been established and the salary approved by the Agency Head Salary Commission. The funding for such purpose the salaries of any agency head or technical or community college president should come from resources within the agency. The Budget & Control Board shall contract every four years for a study of agency head and technical or community college president compensation during the current year. The cost of the study must be shared by the participating agencies. The staff of the Budget and Control Board shall serve as the support staff to the Agency Head Salary Commission. The Agency Head Salary Commission shall recommend to the Budget & Control Board salary increases for agency heads and technical college presidents. Limited only by the maximum of the respective salary range, the General Assembly authorizes the respective appointing authority for an agency head or technical or community college president to provide salary increases for an agency head or technical or community college president only as recommended by the Agency Head Salary Commission. No agency head or technical or community college president shall be paid less than the minimum of the salary pay range nor receive an increase that would have the effect of raising the salary above the maximum of the pay range. Funding must be provided for an amount equivalent to the pay
Proviso 80A.14
80A.14. (BCB: Higher Education Salary Limit Exemption) Notwithstanding the provisions of Section 8-11-165 of the Code of Laws of South Carolina, 1976, as amended, higher education technical colleges, colleges and universities shall be exempt from the requirement that the salaries of employees shall not exceed ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater.
Proviso 80A.19
80A.19. (BCB: Mandatory Furlough) Notwithstanding Section 8-11-195 of the 1976 Code, or any other provision of law, in a fiscal year in which the general funds appropriated for a state agency, institution, or department are less than the general funds appropriated for that state agency, institution, or department in Fiscal Year 2001-02, or whenever the General Assembly or the Budget and Control Board implements an across-the-board budget reduction, agency heads may institute employee furlough programs of not more than ten working days in the fiscal year in which the deficit is projected to occur. The furlough must be inclusive of all employees in an agency or within a designated department or program regardless of source of funds or place of work. The furlough must include all classified and unclassified employees in the designated area. If the furlough includes the entire agency, the furlough must include the agency head. Scheduling of furlough days, or portions of days, shall be at the discretion of the agency head, but under no circumstances should the agency close completely. During this furlough, affected employees shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries. As to those benefits that which require employer and employee contributions, including but not limited to contributions to the South Carolina Retirement System or the optional retirement program, the state agencies, institutions, and departments will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making
Proviso 80A.27
80A.27. (BCB: Antenna and Tower Placement) Notwithstanding any other provision of law, all leases for antenna and tower operations within institutions of higher learning campuses must conform to the present and any future master plans for such property, as determined solely by the institution of higher learning.
Proviso 81.10
81.10. (DOR: Temporary Permits) Temporary permits issued by the Department of Revenue pursuant to Section 61-6-2010 may be issued in all parts of a municipality when any part of the municipality has been approved for the issuance of such permits.
Proviso 81.14
81.14. (DOR: Rural Infrastructure Fund Transfer) Notwithstanding Section 12-10-85, the Department of Revenue is authorized to deposit revenues from the Rural Infrastructure Fund in excess of $12 million dollars to the Rural Infrastructure Bank Trust Fund under the Budget and Control Board, Office of Local Government. Any revenues in excess of $17 million shall be deposited in the Rural Infrastructure Fund under the Department of Commerce, Coordinating Council.
Proviso 89.16
89.16. (GP: Residency Preference) Notwithstanding any other provision of law, when a vacancy occurs in a state agency, other than institutions of higher education, or when an agency acts to fill a new
Proviso 89.24
89.24. (GP: Travel Spouse of Governor & Lt. Governor) Notwithstanding any other provision of law, the spouses of the Governor and the Lieutenant Governor of the State are authorized to receive reimbursement of actual expenses when accompanying the Governor or the Lieutenant Governor on official state business.
Proviso 89.62
89.62. (GP: Fee for Motions Disbursement) For the current fiscal year, the revenue collected pursuant to Section 8-21-320 of the 1976 Code shall be distributed by the State Treasurer in the following manner: (1) The first $450,000 of these funds must be transferred to the Prosecution Coordination Commission. The funds shall be distributed equally to the third, fourth, and eleventh judicial circuits to fund drug courts. (2) Any remaining funds must be transferred to the Judicial Department for operating purposes.
Proviso 89.65
89.65. (GP: Endangered Species License Plates) The Department of Motor Vehicles shall issue a series of special commemorative motor vehicle license plates for use by the owner on his private passenger motor vehicle for the purposes of the "Non-game Wildlife and Natural Areas Fund" provided in Section 50-1-280. The special fee for the commemorative license plate is thirty dollars and this amount must be placed in the fund. This fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of Title 56. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words "South Carolina Protects Endangered Species." The plates must be issued or revalidated for a biennial period, which expires twenty-four months from the month they are issued.
Proviso 89.84
89.84. (GP: Workers' Compensation for Voluntary Constables) For the current fiscal year, a voluntary constable appointed pursuant to Section 23-1-60, of the 1976 Code, as amended, must be included under the provisions of the workers' compensation laws only while performing duties in connection with his appointment and as authorized
Proviso 89.110
89.110. (GP: Printed Graphic Materials Surcharge) For the current fiscal year in addition to all other taxes collected on printed materials, any entity that sells adult entertainment printed materials depicting frontal nudity shall collect a surcharge equivalent to twenty percent of the cost of such printed material sold by the entity and shall remit these funds to the Department of Revenue. Frontal nudity is defined as exposure of any genitalia or exposure of the entire breast of women in a manner that a reasonable/average person applying contemporary community standards would find to be a lascivious exhibition. Adult entertainment printed materials means those materials printed or published with a substantial purpose that is the sale or distribution of sexually explicit matter and that is prohibited to persons under the age of 18. Adult entertainment printed materials shall not include printed materials where the primary purpose or publication is for educational value or any purpose other than adult entertainment. The Department of Revenue shall provide collection and remittance procedures for this surcharge. All revenue collected under this provision must be transferred to the Department of Probation Parole and Pardon Services, and the department shall receive, expend, and carry forward these funds for use in their sex offender monitoring program or other programs as needed.
Proviso 90.12
90.12. (SR: Health and Human Services Funding) The source of funds appropriated in this provision is $96,209,474 of Department of Health and Human Services general fund appropriations, carry forward funds and earmarked and restricted special revenue fund accounts.
Of these funds, the department is directed to disburse the following Department of Health and Human Services appropriations for the purposes stated:
A. Medicaid Maintenance of Effort $ 29,000,000;
B. Institutes for Mental Disease Transition $ 13,000,000;
C. 300 Slots for Community Choices Waiver $ 1,250,000;
D. Personal Care III & Attendant II Rate Increases $ 500,000;
E. Rural Hospital Grants $ 3,000,000;
F. Federally Qualified Community Health Centers $ 700,000;and
G. MUSC Disproportionate Share $ 5,000,000.
The $5,000,000 appropriated for Disproportionate Share directed to the Department of Health and Human Services on behalf of the Medical University of South Carolina Hospital Authority under Title 59, Section 59-123-60(I) shall be transferred to the Medical University Hospital Authority within the first quarter of the state fiscal year. Of these funds $600,000 shall be transferred to the Cancer Center for screening, prevention, and research. The remaining funds shall initially be used as match funds for the hospital's disproportionate share and other Medicaid reimbursement programs as prescribed under paragraph (I).
Of these funds the department is further directed to transfer the following amounts to the specified agencies for the purposes stated:
A. Department of Health and Environmental Control
1) AIDS Drug Assistance Program $ 2,400,000;
2) SUPERB Fund $ 2,000,000;
3) Best Chance Network $ 2,000,000;
4) Colorectal Screening $ 1,000,000;
5) Vaccine Purchases for Under-Insured Children & Adolescents $ 2,397,192;
B. Department of Mental Health
Maintenance of Effort-Base Program/Service Maintenance $5,349,808;
C. Department of Disabilities and Special Needs
1) Rehabilitation Services $ 2,253,000;
2) Pervasive Developmental Disorder Waiver $ 4,500,000;
3) Community Support $ 3,000,000;
4) Greenwood Genetics Center $ 3,500,000;
D. Department of Alcohol and Other Drug Abuse Services
1) Alcohol Enforcement Teams $ 500,000;
2) Adolescent Prevention & Treatment Aid to Entities $1,000,000;
E. Department of Social Services
1) Child Support Enforcement System $ 9,000,000;
2) Annualization of Recurring Services
a) Adoption Subsidy $ 2,000,000;
b) Child Care Vouchers $ 2,609,474;
F. School for the Deaf and the Blind
Classroom Refurbishing and Equipment $ 150,000;
and
G. Governor's Office of Executive Policy and Programs
Children's Trust Fund $ 100,000.
The department is prohibited from using Fiscal Year 2007-08 carry forward funds attributable to the Children's Health Insurance Program or Fiscal Year 2008-09 recurring appropriations for the Children's Health Insurance Program to fund any of the allocations contained in this provision.
Senator McGILL proposed the following Amendment No. 28 (DADREGIONAL TOURISM.DOC), which was adopted (#10):
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 448, after line 14, by adding an appropriately numbered paragraph to read:
/(PRT: Regional Tourism) Of the funds appropriated to, authorized for, and/or carried forward by the department, the department shall provide the same level of recurring and non-recurring funds disbursed to the eleven Regional Tourism groups as they received in Fiscal Year 2007-08. /
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Senator LEATHERMAN spoke on the amendment.
The amendment was adopted.
Senators FAIR and SHEHEEN proposed the following Amendment No. 30 (DGPRODDEV7.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 448, by deleting paragraph 39.14.
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Senator FAIR 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 MASSEY proposed the following Amendment No. 35A (4800R008.SM.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION, AND TOURISM, by inserting an appropriately numbered new proviso to read:
/ 39.___ For the purposes of the Tourism Infrastructure Admissions Tax Act, the provisions in Section 12-21-6520(14) related to defining and certifying an extraordinary retail establishment and the provisions in Section 12-21-6590 related to conditional certification of an extraordinary retail establishment are suspended for the current fiscal year. /
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Senator MASSEY explained the amendment.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senators RYBERG and BRYANT desired to be recorded as voting against the motion to table the amendment.
Senators VERDIN and McGILL proposed the following Amendment No. 33 (DAD 56.1 CLOSED CAPTIONING.DOC), which was adopted (#11):
Amend the bill, as and if amended, Part IB, Section 56, PUBLIC SERVICE COMMISSION, page 480, paragraph 56.1, by striking the proviso in its entirety, lines 20 - 26 and inserting:
/ 56.1. (PSC: Real-Time Closed Captioning - Major Media Markets) The Public Service Commission is authorized and instructed to expend up to $810,000 from the Dual Party Relay Fund in order to continue real-time closed captioning of locally produced news services broadcasts for the four number one rated television stations in the state that are currently providing the service. The purpose of the voluntary project program is to allow for the deaf and hard-of-hearing citizens of our state to have real-time access to news and weather information. Only expenditures directly related to These funds may only be used for
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Senator VERDIN explained the amendment.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 39 (7604AHB08.DOC), which was adopted (#12):
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 553, paragraph 89.103, by striking the proviso in its entirety, lines 8 - 9 and inserting:
/ 89.103. (GP: Attorney Dues) Agencies and offices of the State of South Carolina that employ attorneys are authorized, if they so decide, to use other appropriated funds including General Fund carry forward funds to pay the costs of mandatory dues owed to the South Carolina Bar Association. /
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Senator LAND explained the amendment.
The amendment was adopted.
Senator HAYES proposed the following Amendment No. 31 (DAD 90.12 REALIGN ALCO ENF.DOC), which was adopted (#13):
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 573, paragraph 90.12, line 17, by striking /$500,000/ and inserting /$1,000,000/
Amend the bill further, as and if amended, Part IB, page 573, paragraph 90.12, line 18, by striking /Adolescent Prevention & Treatment Aid to Entities $1,000,000/ and inserting /State Block Grants $500,000/
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Senator HAYES explained the amendment.
The amendment was adopted.
Senator MATTHEWS proposed the following Amendment No. 36 (4800R006.LWM.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 19, EDUCATIONAL TELEVISION COMMISSION, page 409, paragraph 19.4, by striking from line 25 to 33 and inserting:
/ (2) The commission shall evaluate the proposals and present the proposals and its recommendations to the Joint Bond Review Committee. The Joint Bond Review Committee shall evaluate the proposals and the commission's recommendations to determine whether a proposal shall be approved. If the Joint Bond Review Committee determines that a proposal shall be approved, this determination shall be presented at the next meeting of the Budget and Control Board for review and approval. If the Budget and Control Board does not approve a proposal, it shall be returned to the Joint Bond Review Committee for further evaluation and recommendation. The South Carolina Education Television Network must take actions necessary to facilitate the lease of the spectrum capacity of the EBS licenses in the manner set forth in an approved proposal and to ensure that ETV complies with any FCC rules or requirements, provided, however that the State Budget and Control Board Chief Information Officer and the South Carolina Educational Television Network are directed to provide a wireless cloud over all public school facilities and over a ten-mile radius surrounding the facilities using existing infrastructure. Revenue received by the State from an approved proposal must be deposited into the State General Fund for recommendation by the Governor and appropriation by the General Assembly. /
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Senator PATTERSON moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LEATHERMAN proposed the following Amendment No. 29 (DC DELETE FTES.DOC), which was adopted (#14):
Amend the bill, as and if amended, Part IA, Section 78, ADJUTANT GENERAL'S OFFICE, page 303, line 14, by striking opposite
COLUMN 7 COLUMN 8
Bldg & Grounds Specialists/ (9.00) (2.25)/
Amend the bill further, as and if amended, Part IA, Section 78, page 303, line 29, by striking opposite
COLUMN 7 COLUMN 8
Emergency Prep Coordinator/ (3.00) (3.00)/
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Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator LOURIE proposed the following Amendment No. 34A (DGAGELIMIT.DOC), which was adopted (#15):
Amend the bill, as and if amended, Part IB, Section 6, COMMISSION ON HIGHER EDUCATION, page 405, after line 22, by adding an appropriately numbered paragraph to read:
/ (CHE: Tuition Age) For fiscal year 2008-2009, the age limitation for those children of certain war veterans who may be admitted to any state-supported college, university, or post high school technical education institution free of tuition is suspended for eligible children that successfully appeal the Division of Veterans Affairs on the grounds of a serious extenuating health condition. /
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Senator LOURIE explained the amendment.
Senator COURSON moved that the amendment be adopted.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 5A (DC UPSTATE YOUTH CAMP DELETION 2.DOC), which was adopted (#16):
Amend the bill, as and if amended, Part IB, Section 47, COMMISSION ON INDIGENT DEFENSE, page 462, paragraph 11, line 8-9, by striking: / $106,000 must be allocated to the Anderson County Upstate Youth Camp/ and inserting /$10,000 must be allocated to the University Center of Greenville/
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Senator THOMAS explained the amendment.
The amendment was adopted.
Senator THOMAS proposed the following Amendment No. 24 (DGMANSION.DOC), which was adopted (#17):
Amend the bill, as and if amended, Part IB, Section 72, GOVERNOR'S OFFICE, page 499, by deleting paragraph 72.21.
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Senator LEATHERMAN explained the amendment.
Senator LEATHERMAN moved that the amendment be adopted.
The amendment was adopted.
Senators CEIPS, BRYANT, CLEARY, GROOMS, CAMPSEN and VERDIN proposed the following Amendment No. 15A (DGEVERIFY.DOC), which was tabled:
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 575, after line 11, by adding an appropriately numbered paragraph to read:
/ (SR: E-Verify Credit) Beginning July 1, 2008, a South Carolina employer utilizing the federal E-Verify program to verify the employment eligibility status of newly hired employees is allowed a nonrefundable income tax credit equal to twenty-five dollars per employee only after receiving an employment authorized certification
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Senator CEIPS 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.
Senators CEIPS, BRYANT and CLEARY desired to be recorded as voting against the motion to table the amendment.
Senator GROOMS, SHORT, CAMPSEN, FAIR and ALEXANDER proposed the following Amendment No. 32A (4800R005.LKG.DOC), which was adopted (#18):
Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 436, by adding an appropriately numbered new proviso to read:
/ 26.___ From the monies appropriated for the Continuation of Teen Pregnancy Prevention, the department must award two contracts to separate private entities to provide abstinence education programs and services within the State. The monies appropriated must be divided equally between the contracts. Entities that have a proven and public history of having effectively implemented abstinence programs in this State may be given a preference during the contract evaluation and awarding process. One contract must be awarded to an entity that utilizes an abstinence first, age appropriate comprehensive approach to health and sexuality education with a goal of preventing adolescent
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The amendment was adopted.
Senators RANKIN, CAMPSEN and CEIPS proposed the following Amendment No. 17 (KW DESTINATION SPECIFIC TOURISM.DOC), which was carried over:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 448, after line 14, by adding an appropriately numbered paragraph to read:
/(PRT: Destination Specific Tourism Transfer) Of the funds appropriated to the department in the prior fiscal year for Tourism Product Development and carried forward into the current fiscal year, the department shall use $4.5 million for the Destination Specific Tourism Program./
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Senator RANKIN explained the amendment.
At 5:06 P.M., with Senator RANKIN retaining the floor, on motion of Senator PEELER, with unanimous consent, the Senate receded from business.
At 5:21 P.M., the Senate resumed.
Senator RANKIN resumed speaking on the amendment.
At 5:21 P.M., with Senator RANKIN retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, the Senate receded from business.
At 5:35 P.M., the Senate resumed.
Senator RANKIN resumed speaking on the amendment.
With Senator RANKIN retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, Amendment No. 17 was carried over.
Senator LEATHERMAN asked unanimous consent to make a motion that, the Bill be given a second reading, carrying over all amendments and pending Points of Order to third reading, with all members reserving the right to raise any Points of Order and to offer amendments on third reading; and, further, that no further amendments to the General Appropriations Bill be received on the Desk for consideration after 1:00 P.M. on Wednesday, April 16, 2008, with the exception of the necessary technical and balancing amendments to be delivered and certified by the Clerk and to be adopted upon his certification for inclusion in the Bill; and, further, the Senate would stand adjourned to meet at 10:00 A.M. tomorrow.
There was no objection and the motion was adopted.
The Bill was read the second time, passed and ordered to a third reading, carrying over all amendments to third reading.
Having received a favorable report from the Senate, the following appointment was confirmed in open session:
On motion of Senators MARTIN and ALEXANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. William H. "Bill" Hunter of Anderson, S.C., a longtime Clemson physician who cared about the bodies and minds of his patients and his community.
At 5:56 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 10:00 A.M.
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