Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index
| Printed Page 2280, May 2 | Printed Page 2300, May 2 |
Printed Page 2290 . . . . . Thursday, May 2, 1996
NAYS
Courson              Courtney             Gregory
Reese                Richter              Russell
Setzler              Smith, G.            Wilson
TOTAL--9

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

Having received the necessary vote, Rule 15A was adopted.

The Senate set 4:40 P.M. as a time certain on which to vote on the amendment.

Senator WILSON argued contra to the adoption of the amendment.

The PRESIDENT announced that fifteen minutes each would be apportioned to proponents and opponents on the amendment.

Senator BRYAN moved to dispense with the arguments.

The question then was the adoption of Amendment No. 43.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 32; Nays 8

AYES
Alexander           Boan                Bryan
Cork                Drummond            Elliott
Fair                Ford                Glover
Holland             Jackson             Land
Leatherman          Leventis            Martin
Matthews            McConnell           Mescher
Moore               O'Dell              Passailaigue
Printed Page 2291 . . . . . Thursday, May 2, 1996
Patterson           Peeler              Rankin
Richter             Rose*               Saleeby
Smith, G.           Smith, J.V.         Thomas
Waldrep             Washington
TOTAL--32

NAYS
Courson              Courtney             Gregory
Hayes                Reese                Russell
Setzler              Wilson
TOTAL--8

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate with unanimous consent.

The amendment was adopted.

Motion to Reconsider Adopted

Amendment No. 123A

Having voted on the prevailing side, Senator McCONNELL asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 123A (4600R208.WGR) proposed by Senator RYBERG was adopted on May 1, 1996.

The motion to reconsider was adopted.

The amendment was later ruled out of order.

Leave of Absence

On motion of Senator PEELER, at 4:45 P.M., Senator RYBERG was granted a leave of absence for the balance of the day.

RECESS

At 4:47 P.M., on motion of Senator LAND, the Senate receded from business not to exceed five minutes.

At 5:10 P.M., the Senate resumed.

Printed Page 2292 . . . . . Thursday, May 2, 1996
Amendment No. 105

Senator SHORT proposed the following Amendment No. 105 (JIC\5958AC.96), which was tabled:

Amend the bill, as and if amended, Part II, by deleting SECTION 45 in its entirety.

Amend sections, totals and title to conform.

Senator PEELER explained the amendment.

Senators DRUMMOND, LAND, MATTHEWS and GLOVER spoke on the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 200

Senator RICHTER proposed the following Amendment No. 200 (4600R237.LER), which was carried over.

On motion of Senator RICHTER, with unanimous consent, Amendment No. 200 was carried over and later withdrawn.

Amendment No. 195

Senators THOMAS, LEATHERMAN, COURSON and RUSSELL proposed the following Amendment No. 195 (4600R226.HKL), which was tabled:

Amend the bill, as and if amended, Part II, Section 69, page(s) 642, by striking lines 12 through 40, and inserting in lieu thereof the following:

/SECTION 69

TO AMEND SECTION 59-35-10 OF THE 1976 CODE, RELATING TO KINDERGARTEN PROGRAMS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1996-97, SCHOOL DISTRICTS WHICH CHOOSE TO OFFER AN EXTENDED-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAM SHALL BE ELIGIBLE FOR CERTAIN STATE FUNDING, TO PROVIDE THAT THOSE FIVE-YEAR-OLDS WHOSE FAMILIES ARE AT 100% POVERTY SHALL BE ELIGIBLE FOR PARTICIPATION BEGINNING SCHOOL YEAR 1996-97; THOSE 5 YEAR OLDS WHOSE FAMILIES ARE BETWEEN 100% AND 185% POVERTY SHALL BE ELIGIBLE FOR PARTICIPATION BEGINNING SCHOOL YEAR 1997-98; AND ALL STUDENTS SHALL BE ELIGIBLE FOR PARTICIPATION BEGINNING SCHOOL YEAR 1998-99, TO PROVIDE THAT PARENTS WITH CHILDREN WHO ARE

Printed Page 2293 . . . . . Thursday, May 2, 1996
ELIGIBLE TO ATTEND THE EXTENDED-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAM MAY ELECT A HALF-DAY PROGRAM FOR THEIR CHILDREN, AND TO REQUIRE PARENTS TO PROVIDE NOTIFICATION TO THE SCHOOL OF THEIR ELECTION TO ENROLL THEIR CHILD IN THE FULL-DAY PROGRAM.

Section 59-35-10 of the 1976 Code is amended to read:

"Section 59-35-10. The board of trustees of each school district shall establish and provide kindergartens for children within its jurisdiction. All children in the five-year-old kindergarten program must be counted in the average daily membership of any public school district when public school funds are to be apportioned to the several school districts. State aid for the five-year-old kindergarten program must be distributed through the formula provided for in the `Education Finance Act' (Act 163 of 1977).

State scholarships must be made available to all school age residents of the state who attend or are about to attend full day or half day kindergarten. Upon receipt of the proof of the pupil's enrollment in the school, the Department of Education shall pay to the parent or guardian the scholarship amount based on the EFA weight for a child attending a full-day kindergarten program as funds are made available from the General Assembly. The Department of Education shall prepare guidelines establishing an application form and approval process and reasonable deadline dates for submission of scholarship applications and shall announce the award of scholarships no later than fifteen (15) days prior to the beginning of the school year for which the scholarships will be used, except that for school year 1996-97, scholarships shall be awarded no later than September 1, 1996. The Department of Education shall make quarterly payments to the parent or guardian for the use of the school. Payments in the name of the parent or guardian shall be disbursed to the school. The parent or guardian shall restrictively endorse the check for the use of the school.

As part of the scholarship process, the Department of Education shall require an application to be verified as to accuracy by the parents or guardians of an eligible scholarship recipient and to be accompanied by a verified statement from the school which will provide the educational program for which the scholarship is sought, attesting to the enrollment of the eligible scholarship recipient. In school year 1996-97 and 1997-98, scholarship application forms shall contain a release from the applicant authorizing the Department of Education to verify the accuracy of the income eligibility information contained in scholarship applications. The Department of Education may verify the accuracy of the income eligibility

Printed Page 2294 . . . . . Thursday, May 2, 1996
information with the Internal Revenue Service or with any other applicable governmental or private entity.

Beginning with school year 1996-97, any school electing to provide full-day or half-day kindergarten shall be eligible to enroll scholarship students. Nonpublic schools shall provide the Department of Education, parents or guardians with published information regarding instructional practices, student conduct expectations, staff qualifications, performance standards and a statement of nondiscrimination on ground of race, color or national origin. The program must operate for at least one hundred eighty days. Nonpublic schools shall document performance standards of enrolled students testing "ready" for first grade. All public and nonpublic schools must meet or exceed the statewide average for public school students testing ready for first grade on the testing tool approved by the State Department of Education. Schools failing to meet this performance standard will be suspended from participation in the scholarship program until reinstated by the Department of Education. Nothing in this section shall be construed to grant the State control over the instructional or hiring practices or philosophies of an eligible nonpublic school.

Parents, guardians, schools and entities participating in the scholarship program are subject to fines and penalties associated with fraudulent activities as prescribed in state law.

Parents or guardians meeting the means test of one hundred percent poverty in school year 1996-97; up to one hundred eighty five percent poverty in school year 1997-98; and all students in school year 1998-99, and choosing to send their children to a full day five-year-old kindergarten program shall be eligible for a scholarship equal to the EFA weight for a child attending a full day five-year-old kindergarten program. Parents may elect a half-day program for their children and shall receive a scholarship in the amount of one-half of the EFA weight for a child attending full day five-year-old kindergarten. No local match is required.

Scholarship funds must follow children transferring from one instate school to another on a pro-rata basis. By June 1, parents must notify the State Department of Education of the kindergarten their children will attend in upcoming school year. Exceptions shall be provided for those families changing residence after June 1. Notification must include a statement of acceptance from the kindergarten."/.

Amend sections, totals and title to conform.

Senator THOMAS was recognized.

Printed Page 2295 . . . . . Thursday, May 2, 1996
Parliamentary Inquiry

Senator MOORE made a Parliamentary Inquiry as to whether or not Amendment No. 200, which was carried over, perfected Amendment No. 195.

The PRESIDENT stated that Amendment No. 200 perfected Amendment No. 195.

Senator MOORE moved that Amendment No. 200 be taken up for immediate consideration.

Point of Order

Senator THOMAS raised a Point of Order that Senator MOORE's motion was out of order inasmuch as Amendment No. 200 had been carried over and Amendment No. 195 had already been published.

Having voted on the prevailing side, Senator MOORE moved to reconsider the vote whereby Amendment No. 200 was carried over.

Point of Order

Senator THOMAS raised a Point of Order that the motion to reconsider by Senator MOORE was out of order inasmuch as Senator THOMAS had the floor.

The PRESIDENT sustained the Point of Order.

Senator THOMAS argued in favor of the adoption of the amendment.

Senator WASHINGTON moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 27; Nays 13

AYES
Boan                Bryan               Cork
Courtney            Drummond            Elliott
Ford                Glover              Gregory
Holland             Jackson             Land
Lander              Leventis            Matthews
Moore               Passailaigue        Patterson
Rankin              Reese               Saleeby
Printed Page 2296 . . . . . Thursday, May 2, 1996
Setzler             Short               Smith, G.
Smith, J.V.         Waldrep             Washington
TOTAL--27

NAYS
Alexander            Courson              Fair
Hayes                Leatherman           Martin
McConnell            Peeler               Richter
Rose*                Russell              Thomas
Wilson
TOTAL--13

PAIRED

Mescher. . . . .(Present) Nay

McGill. . . . .(Absent) Aye

PAIRED

O'Dell. . . . .(Present) Aye

Ryberg. . . . .(Absent) Nay

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The amendment was laid on the table.

Statement by Senator HAYES

I voted against tabling Amendment No. 195 in order to protect funding for full day kindergarten, which I understand will be vetoed without this amendment. I do not favor a voucher system.

Amendment No. 223

Senator SETZLER proposed the following Amendment No. 223 (4600R244.NKS), which was adopted:

Amend the bill, as and if amended, Part II, Section 69, page(s) 642, line(s) 40, by adding a sentence to read:

/Any parent or guardian of a child eligible for kindergarten may elect for their child or ward not to attend kindergarten pursuant to Section 59-65-10./

Printed Page 2297 . . . . . Thursday, May 2, 1996
Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Leave of Absence

At 5:45 P.M., Senator GREGORY requested a leave of absence until 9:30 P.M.

Rule 3b Not Rescinded

Senator PASSAILAIGUE moved to rescind Rule 3b.

Senator SETZLER moved to table the motion.

The Senate refused to table the motion to rescind Rule 3b.

The question then was the motion to rescind Rule 3b.

Rule 3b was not rescinded.

Amendment No. 225

Senator MATTHEWS proposed the following Amendment No. 225 (JIC\5978AC.96), which was adopted:

Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/SECTION

TO AMEND SECTION 44-93-170, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT WHEN THE FUND EXCEEDS $350,000, FEES MUST BE DISTRIBUTED TO THE COUNTY IN WHICH THE FEE WAS COLLECTED AND THAT WHEN THE AMOUNT IN THE FUND REACHES $250,000 OR LESS, ALL FEES MUST GO TO THE FUND UNTIL IT REACHES $350,000.

Section 44-93-170 of the 1976 Code, as last amended by Section 30C, Part II, Act 497 of 1994, is further amended to read:

"Section 44-93-170. The department shall establish an Infectious Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted infectious waste treatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response actions associated with infectious waste. After funding of the Infectious Waste Program Fund, as provided for in Section 44-93-165, the Infectious Waste Contingency Fund must be

Printed Page 2298 . . . . . Thursday, May 2, 1996
financed by the remaining fees imposed pursuant to Section 44-93-160. The fees credited to the Infectious Waste Contingency Fund must be allocated as follows: an amount equal to two-thirds of the fees must be deposited into the fund and an amount equal to one-third of the fees must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by Section 44-93-160 is collected. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds five million three hundred fifty thousand dollars, two-thirds of all subsequent all fees to be credited to the Infectious Waste Contingency Fund remaining after funding the Infectious Waste Program Fund must be remitted to the Hazardous Waste Contingency Fund established pursuant to Section 44-56-160(A) to assist in defraying the costs of governmental response actions at uncontrolled hazardous waste sites, with the remaining one-third of all subsequent fees credited to the Infectious Waste Contingency Fund continuing to be placed into a separate and distinct in the account established for counties and distributed as provided for in this section. When the balance in the Infectious Waste Contingency Fund reaches $250,000 or less, all fees remaining after funding the Infectious Waste Program Fund must be retained by the contingency fund until the fund reaches $350,000. Interest earned by the funds must be credited to the general fund of the State. Proceeds of the county account returned to a county pursuant to this section must be released by the State Treasurer upon the written request of a majority of the legislative delegation of the recipient county."/

Amend sections, totals and title to conform.

Senator MATTHEWS explained the amendment.

The amendment was adopted.

Amendment No. 123A

Senator RYBERG proposed the following Amendment No. 123A (4600R208.WGR), which was ruled out of order:

Amend the bill, as and if amended, Part II, page 662, after line 34, by adding an appropriately numbered new SECTION to read:

/SECTION

TO AMEND SECTION 6-27-40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF MONIES APPROPRIATED TO THE LOCAL GOVERNMENT FUND, SO AS TO PROHIBIT A MUNICIPALITY IN VIOLATION OF SECTION 5-7-65 OR SECTION 5-31-1940 FROM RECEIVING A DISTRIBUTION; AND

Printed Page 2299 . . . . . Thursday, May 2, 1996
TO AMEND CHAPTER 7, TITLE 5 OF THE 1976 CODE, RELATING TO THE POWER AND FUNCTIONS OF MUNICIPALITIES, BY ADDING SECTION 5-7-65 AND TO AMEND ARTICLE 19, CHAPTER 31, TITLE 5 OF THE 1976 CODE, RELATING TO CONTRACTS FOR MUNICIPAL SERVICES WITHIN AND WITHOUT CITY LIMITS, BY ADDING SECTION 5-31-1940, SO AS TO PROVIDE THAT A MUNICIPALITY MAY NOT, BY ORDINANCE OR OTHERWISE, IMPOSE UPON A CUSTOMER RECEIVING FIRE PROTECTION SERVICES OR RECEIVING WATER AND SEWER SERVICES FROM THE MUNICIPALITY WHOSE PROPERTY IS WITHOUT THE CORPORATE LIMITS OF THE MUNICIPALITY, OR UPON A SUBSEQUENT PURCHASER, ASSIGNEE, TRANSFEREE OR OTHER SUCCESSOR IN INTEREST TO THE PROPERTY SERVED, A REQUIREMENT THAT THE CUSTOMER REFRAIN FROM OPPOSING ANNEXATION OR CONSENT TO ANNEXATION AS A CONDITION OF CONTINUED RECEIPT OF FIRE PROTECTION SERVICES OR WATER AND SEWER SERVICES, IF THE MUNICIPALITY HAS PRIOR TO JULY 1, 1996, OR IN THE CASE OF A COMMERCIAL CUSTOMER PRIOR TO OCTOBER 1, 1996, EXTENDED FIRE PROTECTION SERVICES OR WATER AND SEWER SERVICES TO THE CUSTOMER, PURSUANT TO A CONTRACTUAL AGREEMENT WHICH DID NOT CONTAIN, PRIOR TO JULY 1, 1996, OR IN THE CASE OF A COMMERCIAL CUSTOMER PRIOR TO OCTOBER 1, 1996, A CLAUSE OR PROVISION PROHIBITING THE CUSTOMER FROM OPPOSING ANNEXATION OR REQUIRING THE CUSTOMER'S CONSENT TO ANNEXATION IF SUCH PROPERTY BECOMES CONTIGUOUS TO THE MUNICIPALITY OR EXTENDED SUCH SERVICES TO THE CUSTOMER UNDER ANY CIRCUMSTANCES WITHOUT, PRIOR TO JULY 1, 1996, OR IN THE CASE OF A COMMERCIAL CUSTOMER PRIOR TO EFFECTIVE OCTOBER 1, 1996, ANY SPECIFIC AGREEMENT WITH RESPECT TO ANNEXATION.

A. Section 6-27-40 of the 1976 Code is amended by adding an appropriately numbered new subsection to read:

"( ) No municipality which is in violation of Section 5-7-65 or Section 5-31-1940 may receive a distribution under subsection (A)."

B. Chapter 7, Title 5 of the 1976 Code is amended by adding:

"Section 5-7-65. Notwithstanding any other provision of law and effective July 1, 1996, or in the case of a commercial customer effective October 1, 1996, a municipality may not, by ordinance or otherwise, impose upon a customer receiving fire protection services from the

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