House Journal for June 14, 2005 - South Carolina Legislature Online

TUESDAY, JUNE 14, 2005

Indicates Matter Stricken

Indicates New Matter

The House assembled at 12:00 noon.

Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is a quote from John G. Miller, author of The Question Behind the Question: “God grant me the serenity to accept the people I cannot change, the courage to change the one I can, and the wisdom to know--it’s me!”

Let us pray. God of all, we pray on behalf of Your people assembled here. We ask You to create in us a spirit of mercy and understanding toward each other and those we serve. May we rededicate ourselves to greater service to the people of South Carolina. We thank You for faithful servants and ask Your continued blessings on each of our families. We pray for wisdom, courage, integrity and understanding on our newly elected Speaker Harrell. We remember before You our Nation, President, State and Governor. Keep safe our defenders of freedom. Receive our prayers, Holy God, and give us all we need for this day and the days to come. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER PRO TEMPORE.

After corrections to the Journal of the proceedings of Thursday, June 2, the SPEAKER PRO TEMPORE ordered it confirmed.

MOTION ADOPTED

Rep. W.D.SMITH moved that when the House adjourns, it adjourn in memory of Laurence Martin, husband of Ann Martin, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for Ann Martin and her family in the death of her husband, Laurence.

SILENT PRAYER

The House stood in silent prayer for Representative Alex Harvin who is ill.

RATIFICATION OF ACTS

At 4:00 p.m. on June 6, 2005, the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified:

(R199, S. 286) -- Senator Hawkins: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN INMAN, SOUTH CAROLINA, TO THE TOWN OF INMAN; TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF THE LOCKHART NATIONAL GUARD ARMORY TO THE TOWN OF LOCKHART; AND TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER THE OWNERSHIP OF THE JONESVILLE NATIONAL GUARD ARMORY TO THE TOWN OF JONESVILLE.

(R200, S. 618) -- Senators Alexander, Setzler, Short, Verdin and Knotts: AN ACT TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT BY AMENDING SECTIONS 811620, AS AMENDED, AND 912210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LUMPSUM PAYMENTS FOR UNUSED ANNUAL LEAVE FOR STATE EMPLOYEES AND THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM (TERI), SO AS TO DEFER THE LUMPSUM PAYMENT OF UNUSED ANNUAL LEAVE FOR TERI PARTICIPANTS UNTIL THE TERMINATION OF TERI PARTICIPATION AND REVISE THE CALCULATION OF THE RETIREMENT BENEFIT FOR TERI PARTICIPANTS, PROVIDE FOR THE RECALCULATION OF THAT BENEFIT AT THE END OF TERI PARTICIPATION, AND REQUIRE TERI PARTICIPANTS TO MAKE SOUTH CAROLINA RETIREMENT SYSTEM (SCRS) EMPLOYEE CONTRIBUTIONS; TO ELIMINATE A LUMPSUM PAYMENT FOR UNUSED ANNUAL LEAVE FOR RETIRED REEMPLOYED STATE EMPLOYEES; BY AMENDING SECTION 817370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT TERI PARTICIPANTS, REEMPLOYED STATE EMPLOYEES RETIRED FROM THE SCRS, AND THE CHIEF INVESTMENT OFFICER AND EMPLOYEES OF THE STATE RETIREMENT SYSTEM INVESTMENT COMMISSION ESTABLISHED BY THIS ACT; BY AMENDING SECTION 911020, AS AMENDED, RELATING TO EMPLOYEE CONTRIBUTIONS TO SCRS, SO AS TO INCREASE CONTRIBUTIONS; BY ADDING SECTION 911175 SO AS TO INCREASE SCRS EMPLOYER CONTRIBUTIONS; BY AMENDING SECTION 92050, AS AMENDED, RELATING TO EMPLOYER AND EMPLOYEE CONTRIBUTIONS FOR PURPOSES OF THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO CONFORM EMPLOYER CONTRIBUTIONS TO THE PROVISIONS OF SECTION 911175, AS ADDED BY THIS ACT; BY REPEALING SECTIONS 911200 AND 911220, RELATING TO SCRS EMPLOYER CONTRIBUTIONS; BY AMENDING SECTION 911770, AS AMENDED, RELATING TO THE SCRS DEATH BENEFIT, SO AS TO PROVIDE FOR COVERAGE FOR A RETIRED SCRS CONTRIBUTING MEMBER; BY AMENDING SECTION 911790, AS AMENDED, RELATING TO RETURN TO COVERED EMPLOYMENT OF SCRS RETIREES, SO AS TO ELIMINATE THE EARNINGS LIMIT, REDUCE THE PERIOD OF THE REQUIRED BREAK IN SERVICE, AND TO REQUIRE SCRS RETIREES IN COVERED EMPLOYMENT TO MAKE EMPLOYEE CONTRIBUTIONS; BY AMENDING SECTION 911810, AS AMENDED, RELATING TO SCRS BENEFIT COSTOFLIVING ADJUSTMENTS, SO AS TO REQUIRE AN ANNUAL BENEFIT INCREASE EQUAL TO THE LESSER OF ONE PERCENT OR THE INCREASE IN THE CONSUMER PRICE INDEX AND PROVIDE THOSE CIRCUMSTANCES WHERE AN ADDITIONAL INCREASE, NOT TO EXCEED A TOTAL INCREASE OF FOUR PERCENT, MAY BE GRANTED; BY AMENDING SECTIONS 91190 AND 911120, BOTH AS AMENDED, RELATING TO THE RETURN OF RETIREES OF THE SOUTH CAROLINA POLICE OFFICER RETIREMENT SYSTEM (SCPORS) TO COVERED EMPLOYMENT AND THE PRERETIREMENT DEATH BENEFIT FOR SCPORS, SO AS TO REQUIRE SCPORS RETIREES IN COVERED EMPLOYMENT TO MAKE EMPLOYEE CONTRIBUTIONS AND PROVIDE FOR DEATH BENEFIT COVERAGE FOR A RETIRED SCPORS CONTRIBUTING MEMBER; BY AMENDING SECTIONS 9110, AS AMENDED, 9910, AS AMENDED, 91110, AS AMENDED, AND 91130, RELATING TO DEFINITIONS FOR PURPOSES OF SCRS, SCPORS, AND THE GENERAL ASSEMBLY RETIREMENT SYSTEM AND THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD WITH RESPECT TO SCPORS, SO AS TO ELIMINATE THE DISABILITY RETIREMENT MEDICAL BOARD AND PROVIDE FOR THE INTERPRETATION OF REFERENCES TO “MEDICAL BOARD”; BY REPEALING SECTIONS 91220 AND 9935, RELATING TO THE DISABILITY MEDICAL BOARD UNDER SCRS AND SCPORS; BY AMENDING SECTION 911310, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE AND INVESTOR OF EQUITYSECURITY ASSETS OF THE VARIOUS STATE RETIREMENT SYSTEMS, SO AS TO PROVIDE THAT THE BOARD SHALL SERVE AS TRUSTEE OF THESE SYSTEMS WITH ALL RESPONSIBILITIES FOR INVESTING ASSETS IN THE RETIREMENT SYSTEM INVESTMENT COMMISSION ESTABLISHED BY THIS ACT, PROVIDE THE INVESTMENTS ALLOWED FOR THESE ASSETS, AND PROVIDE THAT THESE ASSETS ARE NOT FUNDS OF THE STATE BUT ARE INSTEAD HELD IN TRUST AND SUBJECT TO THE MANAGEMENT AND INVESTING OF THE COMMISSION; BY AMENDING SECTION 911340, RELATING TO CONFLICTS OF INTEREST, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT; BY REPEALING SECTIONS 98160, 99150, AND 911240, RELATING TO THE INVESTMENT OF FUNDS AND DUTIES OF THE STATE BUDGET AND CONTROL BOARD WITH RESPECT TO VARIOUS STATE RETIREMENT SYSTEMS; BY AMENDING ARTICLES 1 AND 3, CHAPTER 16 OF TITLE 9, RELATING TO THE DUTIES OF TRUSTEE, FIDUCIARIES, AND AGENTS FOR PURPOSES OF THE VARIOUS STATE RETIREMENT SYSTEMS AND THE ASSETS OF THE SYSTEMS AND THE INVESTMENT OF THE ASSETS OF THESE SYSTEMS, SO AS TO REVISE THE DUTIES OF THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL (SRSIP) AND ESTABLISH THE STATE RETIREMENT SYSTEM INVESTMENT COMMISSION (SRSIC), PROVIDE FOR ITS MEMBERSHIP, AND ITS DUTIES AS THE ENTITY CHARGED WITH THE INVESTMENT OF ALL ASSETS OF THE VARIOUS STATE RETIREMENT SYSTEMS, ITS EMPLOYMENT OF A CHIEF INVESTMENT OFFICER AND OTHER EMPLOYEES AND AGENTS, PROVIDE FOR THE COMMISSION’S FIDUCIARY STATUS AND THE FIDUCIARY STATUS OF ITS MEMBERS, THE CHIEF INVESTMENT OFFICER, AND ITS AGENTS, AND PROVIDE ADDITIONAL STANDARDS OF CONDUCT APPLICABLE TO THESE FIDUCIARIES AND SANCTIONS FOR VIOLATIONS, TO CONFORM EXISTING PROVISIONS RELATING TO FIDUCIARY DUTIES, RESPONSIBILITY FOR INVESTING, AND THE ANNUAL INVESTMENT PLAN, INCLUDING REPORTING REQUIREMENTS FOR THE ASSETS OF THE RETIREMENT SYSTEM AND THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE AND THE DUTIES OF SRSIC AS INVESTORFIDUCIARY OF SYSTEM ASSETS TO THE PROVISIONS OF THIS ACT, TO REVISE THE ANNUAL INVESTMENT PLAN REQUIREMENTS WITH RESPECT TO MAXIMUM ASSET ALLOCATION TO EQUITY SECURITIES AND BROKERAGE TRANSACTIONS, AND TO PROVIDE THAT THE SRSIC SHALL STRIVE FOR MINORITY REPRESENTATION IN HIRING AND PROCUREMENT, BY EXPRESSING THE INTENT OF THE GENERAL ASSEMBLY THAT SRSIC MAXIMIZE THE RETURN ON SYSTEM ASSETS; BY AMENDING SECTION 30470, AS AMENDED, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC, SO AS TO CONFORM IT TO THE ESTABLISHMENT OF THE SRSIC, AND TO PROVIDE EFFECTIVE DATES AS TO THE TIMES THE VARIOUS PROVISIONS OF THIS ACT TAKE EFFECT AND HOW THESE PROVISIONS AFFECT PARTICULAR GROUPS OF EMPLOYEES AND RETIREES, TO PROVIDE TRANSITION PROVISIONS, AND TO MAKE THE PROVISIONS OF THIS ACT SEVERABLE.

(R201, S. 659) -- Senators Campsen, Scott, Alexander, Ryberg, J.V. Smith, Mescher, Drummond, Knotts, Malloy, Bryant, Elliott, Grooms, Cromer, Hutto, Sheheen, Pinckney, Verdin, Short, Leventis, Hawkins, Fair, O’Dell, McGill and Peeler: AN ACT TO AMEND SECTION 2331215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO REVISE THE PROCEDURES TO RENEW A CONCEALABLE WEAPONS PERMIT; AND TO AMEND CHAPTER 31, TITLE 23, RELATING TO FIREARMS, BY ADDING ARTICLE 8 SO AS TO PROVIDE CERTAIN DEFINITIONS, TO PROVIDE THAT AN AGENCY OR DEPARTMENT MUST ISSUE AN IDENTIFICATION CARD TO A PERSON WHO RETIRED FROM THAT AGENCY OR DEPARTMENT WHO IS A QUALIFIED RETIRED LAW ENFORCEMENT OFFICER, TO ALLOW THESE RETIRED OFFICERS TO CARRY A CONCEALED WEAPON UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT AN AGENCY OR DEPARTMENT THAT DOES NOT COMPLY WITH THIS PROVISION OF THIS SECTION IS NOT ELIGIBLE TO RECEIVE CERTAIN GRANTS AND IS NOT ENTITLED TO SEND INDIVIDUALS FOR TRAINING AND EDUCATION AT THE STATE CRIMINAL JUSTICE ACADEMY, TO PROVIDE THAT A REASONABLE FEE MAY BE CHARGED FOR THE ISSUANCE OF THE IDENTIFICATION CARD AND THAT AN AGENCY OR DEPARTMENT MUST PROVIDE THE RETIRED OFFICER THE OPPORTUNITY TO QUALIFY TO CARRY A FIREARM.

(R202, H. 3296) -- Reps. Harrell, Wilkins, Leach, Lucas, Bales, G.R.Smith, J.R.Smith, Vaughn, Battle, CobbHunter, Neilson, Clark, Skelton, Kirsh, MoodyLawrence, Rice, Harrison, Haley, Harvin, Young, Cotty, Mack, J.E.Smith, Taylor, Clemmons, Tripp, Chalk, Breeland, Limehouse, Altman, Bailey, Ballentine, Barfield, Bingham, Ceips, Chellis, Dantzler, Delleney, Duncan, Frye, Hagood, Hardwick, Herbkersman, Hinson, Huggins, Jennings, Littlejohn, Martin, McGee, Norman, Ott, Perry, E.H.Pitts, Scarborough, Sinclair, D.C.Smith, Stewart, Toole, Townsend, Umphlett, Walker, Witherspoon, Brady, Mahaffey and R.Brown: AN ACT TO AMEND SECTION 12281555, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE USE OF DYED MOTOR VEHICLE FUELS UNDER CERTAIN CIRCUMSTANCES, AND PENALTIES ASSOCIATED WITH VIOLATIONS OF THIS SECTION, SO AS TO PROVIDE THAT ALL FINES IMPOSED PURSUANT TO THIS SECTION MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NONFEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12282355, AS AMENDED, RELATING TO BOTH THE INSPECTION FEE AND THE ENVIRONMENTAL IMPACT FEE CHARGED ON PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT AFTER JUNE 30, 2005, TEN PERCENT OF THE INSPECTION FEE MUST BE TRANSMITTED TO THE DEPARTMENT OF REVENUE FOR CERTAIN PURPOSES AND THE REMAINDER OF THE FEE MUST BE PLACED IN THE DEPARTMENT OF TRANSPORTATION STATE NONFEDERAL AID HIGHWAY FUND; TO AMEND SECTION 12282910, AS AMENDED, RELATING TO THE FUNDING AND FUNCTIONS OF THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT ITS FUNDING PROVIDED FROM A PORTION OF THE GASOLINE USER FEE SHALL BE ELIMINATED OVER A THREEYEAR PERIOD AND CREDITED TO THE DEPARTMENT OF TRANSPORTATION STATE NONFEDERAL AID HIGHWAY FUND; TO ADD SECTION 12282915 SO AS TO PROVIDE THAT A PORTION OF THE TAXES ASSESSED AGAINST ELECTRIC POWER MUST BE PLACED IN THE ACCOUNT FOR ECONOMIC DEVELOPMENT AND A PORTION MUST BE CREDITED TO THE DEPARTMENT OF TRANSPORTATION FOR CERTAIN PURPOSES; TO AMEND SECTION 56150, AS AMENDED, RELATING TO THE ISSUANCE OF A BEGINNER’S PERMIT, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF A BEGINNER’S PERMIT MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NONFEDERAL AID HIGHWAY FUND OVER A THREEYEAR PERIOD; TO AMEND SECTION 561140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER’S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DRIVER’S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NONFEDERAL AID HIGHWAY FUND OVER A THREEYEAR PERIOD; TO AMEND SECTION 561200, AS AMENDED, RELATING TO OBTAINING A DUPLICATE OF A LOST OR DESTROYED DRIVER’S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED PURSUANT TO THE ISSUANCE OF A DUPLICATE DRIVER’S LICENSE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NONFEDERAL AID HIGHWAY FUND OVER A THREEYEAR PERIOD; TO AMEND SECTION 561390, AS AMENDED, RELATING TO THE FEE CHARGED FOR THE REINSTATEMENT OF A DRIVER’S LICENSE, SO AS TO PROVIDE THAT THE PORTION OF THESE FEES THAT IS PLACED IN THE GENERAL FUND OF THE STATE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NONFEDERAL AID HIGHWAY FUND OVER A THREEYEAR PERIOD; TO AMEND SECTION 561740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER’S LICENSE AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER’S LICENSE, SO AS TO PROVIDE THAT THE PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL RESTRICTED DRIVER’S LICENSES THAT IS PLACED IN THE GENERAL FUND OF THE STATE MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NONFEDERAL AID HIGHWAY FUND OVER A THREEYEAR PERIOD; TO AMEND SECTION 5612090, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER’S LICENSE, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF COMMERCIAL DRIVER’S LICENSES MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NONFEDERAL AID HIGHWAY FUND OVER A THREEYEAR PERIOD; TO AMEND SECTION 5613350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT THE FEES COLLECTED FROM THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS MUST BE TRANSFERRED FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF TRANSPORTATION STATE NONFEDERAL AID HIGHWAY FUND OVER A THREEYEAR PERIOD; TO AMEND SECTION 563910, AS AMENDED, RELATING TO THE DISPOSITION OF CERTAIN MOTOR VEHICLE REGISTRATION AND LICENSING FEES AND PENALTIES, SO AS TO PROVIDE THESE FEES AND PENALTIES MUST BE CREDITED TO THE DEPARTMENT OF TRANSPORTATION WHICH MUST MAKE AN ANNUAL CONTRIBUTION FROM NONSTATE TAX SOURCES TO THE STATE HIGHWAY ACCOUNT OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK UNDER CERTAIN CONDITIONS; TO ADD SECTION 5751625 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY AWARD HIGHWAY CONSTRUCTION CONTRACTS USING A DESIGNBUILD PROCEDURE, AND TO PROVIDE THE CONTRACT SELECTION CRITERIA; TO AMEND SECTION 571120, AS AMENDED, RELATING TO REVENUES RECEIVED BY THE DEPARTMENT OF TRANSPORTATION FOR ITS OPERATION, SO AS TO PROVIDE THAT THESE FUNDS MUST BE PLACED IN EITHER THE “STATE HIGHWAY FUND” OR THE “STATE NONFEDERAL AID HIGHWAY FUND”, AND TO PROVIDE THAT INTEREST INCOME FROM THE NONFEDERAL AID HIGHWAY FUND MUST BE DEPOSITED TO THE CREDIT OF THE NONFEDERAL AID HIGHWAY FUND; AND TO PROVIDE A DECLINING SCHEDULE OF PAYMENTS FOR THE DEPARTMENT OF TRANSPORTATION’S COST OF ADMINISTRATION.