South Carolina General Assembly
114th Session, 2001-2002
Journal of the House of Representatives


Printed Page 1657 . . . . . Thursday, March 14, 2002

Thursday, March 14, 2002
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 9:30 a.m.
Deliberations were opened with prayer by Rev. W. Osborne Herlong, Jr. as follows:

O God, at whose word chaos became an ordered creation. To You alone is the power and the glory and yet You have ordained government for the welfare of humankind. Grant the men and women of this legislative body a right understanding, a pure purpose and sound speech. Enable us all to rise above self-seeking for the larger pursuit of public good and the use of our resources to build bridges of unity with one another. Inspire us with self-restraint and the endeavor to seek a more excellent way whereby justice and order may be established and the differences of people resolved in equity. 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.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. HINSON moved that when the House adjourns, it adjourn in memory of John William McGregor, grandfather of Representative Merrill, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for Edward A. Frazier, who died in a traffic accident early this morning.

HOUSE RESOLUTION

On motion of Rep. STUART, with unanimous consent, the following was taken up for immediate consideration:

H. 4904 (Word version) -- Rep. Stuart: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SWANSEA HIGH


Printed Page 1658 . . . . . Thursday, March 14, 2002

SCHOOL WRESTLING TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THEM ON WINNING THE CLASS AA/A 2002 STATE WRESTLING CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives hereby extend the privilege of the floor to the Swansea High School Wrestling Team, coaches, and other school officials, at a date and time to be determined by the Speaker for the purpose of recognizing and congratulating them on winning the Class AA/A 2002 state wrestling championship.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4905 (Word version) -- Reps. Stuart, Frye, Huggins, Koon and Riser: A HOUSE RESOLUTION TO CONGRATULATE SWANSEA HIGH SCHOOL OF LEXINGTON COUNTY ON WINNING THE CLASS AA/A STATE WRESTLING CHAMPIONSHIP FOR 2002 AT CAROLINA COLISEUM IN COLUMBIA.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4906 (Word version) -- Rep. Kelley: A CONCURRENT RESOLUTION TO COMMEND BUFORD S. MABRY, JR. FOR HIS MORE THAN THIRTY THREE YEARS OF OUTSTANDING AND DEDICATED SERVICE AS AN OFFICER IN THE SOUTH CAROLINA ARMY NATIONAL GUARD, AND TO CONGRATULATE HIM ON HIS WELL-DESERVED PROMOTION TO THE RANK OF BRIGADIER GENERAL.

The Concurrent Resolution was agreed to and ordered sent to the Senate.


Printed Page 1659 . . . . . Thursday, March 14, 2002

CONCURRENT RESOLUTION

The following was introduced:

H. 4907 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO WELCOME ANDREW CUOMO, THE FORMER UNITED STATES SECRETARY OF HOUSING AND URBAN DEVELOPMENT, TO THE STATE OF SOUTH CAROLINA, AND TO COMMEND HIM FOR HIS FOUR YEARS OF OUTSTANDING AND DEDICATED SERVICE AS A CABINET SECRETARY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4908 (Word version) -- Reps. Sharpe, Kirsh and Meacham-Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2635 SO AS TO DEFINE "PERSONAL MOTOR VEHICLE" FOR PURPOSES OF APPLYING THE APPROPRIATE ASSESSMENT RATIO USED TO DETERMINE THE ASSESSED VALUE OF SUCH VEHICLES FOR THE PROPERTY TAX.
Referred to Committee on Ways and Means

H. 4909 (Word version) -- Rep. Bingham: A BILL TO AMEND SECTION 39-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR DRUG PRESCRIPTIONS AUTHORIZING SUBSTITUTION OF A GENERIC DRUG, SO AS TO AUTHORIZE A PHARMACIST TO MAINTAIN GENERIC SUBSTITUTION RECORDS ELECTRONICALLY AND TO CONFORM THESE PROVISIONS TO OTHER GENERIC SUBSTITUTION PROVISIONS; TO AMEND SECTION 40-43-30, RELATING TO DEFINITIONS OF TERMS USED IN THE PHARMACY PRACTICE ACT, SO AS TO DEFINE "CERTIFIED PHARMACY TECHNICIAN"; TO AMEND SECTION 40-43-82, AS AMENDED, RELATING TO REGISTRATION QUALIFICATIONS FOR PHARMACY TECHNICIANS, SO AS TO REVISE THESE QUALIFICATIONS AND TO FURTHER SPECIFY APPLICATION AND RENEWAL


Printed Page 1660 . . . . . Thursday, March 14, 2002

PROCEDURES; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO VARIOUS PHARMACY FACILITY AND PRACTICE REQUIREMENTS, SO AS TO PROVIDE THAT IN PROVIDING ADEQUATE STAFFING, A PHARMACIST-IN-CHARGE IS NOT REQUIRED TO EMPLOY CERTIFIED PHARMACY TECHNICIANS, TO PROVIDE THAT EMERGENCY MEDICAL SERVICES AND DURABLE MEDICAL EQUIPMENT FACILITIES ARE NOT REQUIRED TO HAVE A CONSULTANT PHARMACIST AND TO AUTHORIZE OTHER HEALTH PROFESSIONALS WITH THESE SERVICES OR FACILITIES TO PERFORM THE DUTIES THAT WOULD HAVE BEEN PERFORMED BY A CONSULTANT PHARMACIST, AND TO AUTHORIZE A PHARMACIST TO MAINTAIN GENERIC SUBSTITUTION RECORDS ELECTRONICALLY AND TO CONFORM THOSE PROVISIONS TO OTHER GENERIC SUBSTITUTION PROVISIONS; TO AMEND SECTION 40-43-89, RELATING TO VARIOUS REQUIREMENTS RELATING TO WHOLESALE PHARMACY DISTRIBUTORS, SO AS TO CLARIFY PROVISIONS AND TO DELETE DUPLICATE STATUTORY PROVISIONS RELATING TO PERMIT APPLICATION PROCEDURES; TO AMEND SECTION 40-43-90, RELATING TO PERMIT APPLICATION PROCEDURES, SO AS TO FURTHER PROVIDE FOR PERMIT RENEWAL PROCEDURES AND FOR CHANGE OF NAME OR OWNER CIRCUMSTANCE WHICH REQUIRE A NEW PERMIT TO BE OBTAINED; TO AMEND SECTION 40-43-91, RELATING TO INFORMATION THAT MUST BE REPORTED TO THE BOARD OF PHARMACY ON DRUG THEFT AND EMPLOYEE DRUG CONVICTIONS, SO AS TO INCREASE THE TIME FOR REPORTING THESE EVENTS AND TO REQUIRE FORMAL ALLEGATIONS OF DRUG VIOLATIONS TO BE REPORTED; TO AMEND SECTION 40-43-110, RELATING TO PHARMACY PERMIT AND LICENSE APPLICATION AND RENEWAL PROCEDURES, SO AS TO FURTHER SPECIFY AND CLARIFY THESE PROCEDURES; AND TO AMEND SECTION 40-43-130, AS AMENDED, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR PHARMACISTS, SO AS TO ALSO PROVIDE CONTINUING EDUCATION REQUIREMENTS FOR REGISTERED PHARMACY TECHNICIANS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

Printed Page 1661 . . . . . Thursday, March 14, 2002

H. 4910 (Word version) -- Reps. Perry, Davenport, Keegan and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A SPOUSE, CHILD, PARENT, BROTHER, OR SISTER OF A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO AN OFFICE WHICH IS ELECTED BY THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary

H. 4911 (Word version) -- Reps. Kelley, A. Young, Loftis, Bales, Edge, Clyburn, J. R. Smith, Whipper, Barfield, Chellis, Davenport, Gilham, Gourdine, Govan, Harrison, Harvin, J. Hines, Hinson, Keegan, Law, Leach, Owens, Rodgers, Sandifer, Scarborough, Townsend and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-72 SO AS TO PROVIDE THAT THE STATE SUPERINTENDENT OF EDUCATION SHALL APPOINT AN ADVISORY PANEL TO RECOMMEND TO THE STATE BOARD OF EDUCATION BY JUNE 1, 2002, A PLAN TO IMPLEMENT A UNIFORM SCHOOL TERM STARTING DATE AFTER LABOR DAY FOR PUBLIC SCHOOLS IN SOUTH CAROLINA BEGINNING WITH THE 2003-04 SCHOOL YEAR AND SUGGESTED PACT TESTING DATES FOR THE 2003-2005 SCHOOL YEARS, AND TO PROVIDE THAT THE STATE BOARD SHALL ACT ON THE RECOMMENDATIONS OF THE ADVISORY PANEL BY AUGUST 31, 2002, AND IMPLEMENT THE RECOMMENDATIONS EFFECTIVE WITH THE 2003-04 SCHOOL YEAR.
Referred to Committee on Education and Public Works

H. 4912 (Word version) -- Reps. McLeod and Davenport: A BILL TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO DEFINE THE TERMS "POOL/SPA" AND "POOL/SPA OPERATOR"; AND TO AMEND SECTION 40-23-300, AS AMENDED, RELATING TO VARIOUS ENVIRONMENTAL SYSTEMS OPERATOR CERTIFICATION AND LICENSURE CLASSIFICATIONS AND QUALIFICATIONS, SO AS TO INCLUDE REQUIREMENTS FOR LICENSURE AS A BOTTLED WATER CLASS OPERATOR; AND TO ADD SECTION 40-23-330


Printed Page 1662 . . . . . Thursday, March 14, 2002

SO AS TO PROVIDE THE QUALIFICATIONS FOR LICENSURE AS A POOL/SPA OPERATOR.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4913 (Word version) -- Rep. M. Hines: A BILL TO AMEND SECTION 40-45-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS TO REFUSE TO GRANT AND TO REVOKE, SUSPEND, OR RESTRICT A LICENSE AND GROUNDS FOR SUCH ACTIONS, SO AS TO INCLUDE AS SUCH GROUNDS FAILING TO REFER A PATIENT, AMONG OTHERS, TO A CHIROPRACTOR WHEN THE PATIENT'S MEDICAL CONDITION WAS BEYOND THE SCOPE OF PRACTICE OF THE PHYSICAL THERAPIST AND TREATING A PATIENT WITHOUT A REFERRAL FROM, AMONG OTHERS, A CHIROPRACTOR.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 740 (Word version) -- Senator Bauer: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

HOUSE RESOLUTION

The following was introduced:

H. 4914 (Word version) -- Rep. Clyburn: A HOUSE RESOLUTION RECOGNIZING THE REVEREND DR. ALEXANDER POPE, JR., SPIRITUAL LEADER OF AIKEN AND EDGEFIELD COUNTIES, FOR HIS COUNTLESS CONTRIBUTIONS TO HIS COMMUNITY AND HIS CHURCH IN FOCUSING ON PRIDE IN THE PAST AND PROGRESS FOR THE FUTURE.

The Resolution was adopted.


Printed Page 1663 . . . . . Thursday, March 14, 2002

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Allison                Altman                 Bales
Barfield               Barrett                Battle
Bingham                Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Campsen                Cato                   Chellis
Clyburn                Cobb-Hunter            Coleman
Cooper                 Dantzler               Delleney
Easterday              Edge                   Emory
Fleming                Freeman                Frye
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harrison
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Huggins
Jennings               Keegan                 Kelley
Kirsh                  Knotts                 Koon
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Martin                 McCraw
McGee                  Meacham-Richardson     Merrill
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Owens                  Parks                  Perry
Rhoad                  Rice                   Riser
Rivers                 Rodgers                Sandifer
Scarborough            Scott                  Sharpe
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Webb                   Weeks                  Whatley
Whipper                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.


Printed Page 1664 . . . . . Thursday, March 14, 2002

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 14.

Karl Allen                        Robert Walker
James Klauber                     Olin Phillips
Walton McLeod                     Ralph Davenport
Gloria Haskins                    Bill Cotty
Fletcher Smith                    Richard Quinn
Marion Carnell
Marty Coates
Leon Howard   Todd Rutherford
Alex Harvin

Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. KENNEDY a leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Frederick E. Reed of Charleston is the Doctor of the Day for the General Assembly.

H. 4878--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Part IB, Section 1AA, cloture having been ordered.

H. 4878--THE GENERAL APPROPRIATION BILL

SECTION 1AA--AMENDED AND ADOPTED

Rep. J. H. NEAL proposed the following Amendment No. 215 (Doc Name council\DKA\amend\4753mm02.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 24, after /program./ by inserting: / The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may


Printed Page 1665 . . . . . Thursday, March 14, 2002

be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. Of the additional net proceeds of $22,000,000 generated by these games, $2,500,000 must be allocated for tuition grants. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. H. NEAL explained the amendment.

Rep. KELLEY moved to table the amendment.

Rep. J. H. NEAL demanded the yeas and nays which were taken, resulting as follows:

Yeas 38; Nays 61

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Chellis
Dantzler               Edge                   Fleming
Gilham                 Hamilton               Harrell
Harrison               Hinson                 Huggins
Keegan                 Kelley                 Law
Leach                  Limehouse              Littlejohn
McCraw                 Meacham-Richardson     Merrill
Owens                  Perry                  Riser
Rodgers                Sandifer               Scarborough
Smith, D.C.            Smith, J.R.            Trotter
Vaughn                 Walker                 Webb
Wilkins                Young, A.

Total--38

Those who voted in the negative are:

Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Cato                   Clyburn                Cobb-Hunter
Coleman                Cooper                 Davenport
Delleney               Easterday              Emory
Frye                   Gourdine               Govan

Printed Page 1666 . . . . . Thursday, March 14, 2002

Hayes                  Hines, J.              Hines, M.
Hosey                  Jennings               Kirsh
Klauber                Koon                   Lloyd
Loftis                 Lourie                 Lucas
Mack                   Martin                 McGee
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Phillips
Rice                   Rivers                 Scott
Sheheen                Simrill                Sinclair
Smith, G.M.            Smith, J.E.            Smith, W.D.
Snow                   Stille                 Stuart
Talley                 Taylor                 Thompson
Townsend               Tripp                  Weeks
Whatley                Whipper                White
Wilder

Total--61

So, the House refused to table the amendment.

Rep. HARRELL spoke against the amendment.

The question then recurred to the adoption of the amendment.

Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:

Yeas 49; Nays 52

Those who voted in the affirmative are:

Breeland               Brown, G.              Brown, J.
Brown, R.              Clyburn                Cobb-Hunter
Coleman                Davenport              Delleney
Emory                  Freeman                Gourdine
Govan                  Hayes                  Hines, J.
Hines, M.              Hosey                  Jennings
Kirsh                  Lee                    Lloyd
Lourie                 Lucas                  Mack
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Parks                  Phillips               Rivers

Printed Page 1667 . . . . . Thursday, March 14, 2002

Scott                  Sheheen                Simrill
Sinclair               Smith, G.M.            Smith, J.E.
Snow                   Talley                 Weeks
Whatley                Whipper                Wilder
Young, A.

Total--49

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Cooper
Dantzler               Easterday              Edge
Fleming                Frye                   Gilham
Harrell                Harrison               Hinson
Huggins                Keegan                 Kelley
Klauber                Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Martin                 Meacham-Richardson
Owens                  Perry                  Rice
Riser                  Rodgers                Sandifer
Scarborough            Sharpe                 Smith, D.C.
Smith, J.R.            Stille                 Stuart
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   White
Wilkins

Total--52

So, the amendment was rejected.

RECORD FOR VOTING

I would have voted no on Amendment No. 215.

Rep. Gloria Haskins

Rep. GOVAN proposed the following Amendment No. 217 (Doc Name council\PT\amend\1822dw02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 24, after /program./ by inserting: / The South Carolina Lottery


Printed Page 1668 . . . . . Thursday, March 14, 2002

Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. Of the additional net proceeds of $22,000,000 generated by these games, the following appropriations must be made:
HOPE Scholarships         $8,736,000
Need-Based Grants           $4,100,000
National Guard
Tuition Repayment Program   $1,500,000
Grants for Teachers         $ 664,000
Tuition Grants               $3,000,000
Public Library State Aid       $1,000,000
Research and Technology
Grant- South Carolina State
University                 $3,000,000/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

Rep. KELLEY moved to table the amendment.

Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:

Yeas 69; Nays 27

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Carnell                Cato                   Chellis
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Fleming                Frye                   Gilham

Printed Page 1669 . . . . . Thursday, March 14, 2002

Harrell                Harrison               Haskins
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Lucas
Martin                 McCraw                 McGee
Meacham-Richardson     Merrill                Neilson
Owens                  Perry                  Phillips
Quinn                  Rice                   Riser
Rodgers                Sandifer               Scarborough
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, J.R.
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   White                  Wilder
Wilkins                Witherspoon            Young, A.

Total--69

Those who voted in the negative are:

Breeland               Brown, G.              Brown, J.
Brown, R.              Cobb-Hunter            Emory
Gourdine               Govan                  Hines, J.
Hines, M.              Hosey                  Jennings
Lloyd                  Lourie                 Mack
Miller                 Moody-Lawrence         Neal, J.H.
Ott                    Parks                  Rivers
Rutherford             Scott                  Smith, J.E.
Snow                   Weeks                  Whipper

Total--27

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 218 (Doc Name council\dka\amend\4559mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 24, after /program./ by inserting: / The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of


Printed Page 1670 . . . . . Thursday, March 14, 2002

instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. Of the additional net proceeds of the $22,000,000 generated by these games $6,000,000 must be appropriated to the College and University Technology Grant Program and funds must be awarded to the branches of the University of South Carolina and public four-year universities, excluding the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina. Grants must be available for award to institutions with grant proposals supporting the development of technology or technology infrastructure, or both. The review process, to include the awarding of grants, is as determined by the Commission on Higher Education. The sum of $8,000,000 must be appropriated to the Commission on Higher Education to be used for needs-based grants for students attending public and independent institutions of higher learning in this State. The remaining $8,000,000 must be appropriated to the State Department of Education to be allocated to the following school districts for the enhancement of student achievement in the K-5 curricular areas of reading, mathematics, science, and art: Abbeville County School District, Allendale County School District, Bamberg County School District 1, Bamberg County School District 2, Barnwell County School District 19, Barnwell County School District 45, Clarendon County School District 2, Clarendon County School District 3, Dillon County School District 1, Dillon County School District 2, Dillon County School District 3, Florence County School District 1, Florence County School District 2, Florence County School District 3, Florence County School District 4, Florence County School District 5, Hampton County School District 1, Hampton County School District 2, Jasper County School District, Lee County School District, Lexington County School District 4, Marion County School District 1, Marion County School District 2, Marion County School District 3, Marion County School District 4, Marlboro County School District, McCormick County School District, Orangeburg Consolidated School District 3, Orangeburg Consolidated

Printed Page 1671 . . . . . Thursday, March 14, 2002

School District 4, Orangeburg Consolidated School District 5, Saluda County School District, and Williamsburg County School District. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. KELLEY moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 62; Nays 46

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Gilham                 Hamilton               Harrell
Harrison               Hinson                 Huggins
Keegan                 Kelley                 Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Lucas                  Martin                 McGee
Meacham-Richardson     Merrill                Neilson
Owens                  Perry                  Quinn
Rice                   Riser                  Rodgers
Sandifer               Scarborough            Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.R.            Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   White                  Wilkins
Witherspoon            Young, A.

Total--62

Those who voted in the negative are:

Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Carnell

Printed Page 1672 . . . . . Thursday, March 14, 2002

Clyburn                Cobb-Hunter            Coleman
Emory                  Freeman                Frye
Gourdine               Govan                  Hayes
Hines, J.              Hines, M.              Hosey
Jennings               Kirsh                  Lee
Lloyd                  Lourie                 Mack
McCraw                 McLeod                 Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Parks                  Phillips
Rhoad                  Rivers                 Rutherford
Scott                  Sheheen                Smith, J.E.
Snow                   Stille                 Stuart
Weeks                  Whatley                Whipper
Wilder

Total--46

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 219 (Doc Name council\dka\amend\4560mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 24, after /program./ by inserting: / The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. Of the additional net proceeds of the $22,000,000 generated by these games $6,000,000 must be appropriated to the College and University Technology Grant Program and funds must be awarded to the branches of the University of South Carolina and public four-year universities, excluding the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina. Grants must


Printed Page 1673 . . . . . Thursday, March 14, 2002

be available for award to institutions with grant proposals supporting the development of technology or technology infrastructure, or both. The review process, to include the awarding of grants, is as determined by the Commission on Higher Education. The sum of $8,000,000 must be appropriated to the Commission on Higher Education to be used for needs-based grants for students attending public and independent institutions of higher learning in this State. The remaining $8,000,000 must be appropriated to the State Department of Education to be allocated to the following school districts for grades K-5: Abbeville County School District, Allendale County School District, Bamberg County School District 1, Bamberg County School District 2, Barnwell County School District 19, Barnwell County School District 45, Clarendon County School District 2, Clarendon County School District 3, Dillon County School District 1, Dillon County School District 2, Dillon County School District 3, Florence County School District 1, Florence County School District 2, Florence County School District 3, Florence County School District 4, Florence County School District 5, Hampton County School District 1, Hampton County School District 2, Jasper County School District, Lee County School District, Lexington County School District 4, Marion County School District 1, Marion County School District 2, Marion County School District 3, Marion County School District 4, Marlboro County School District, McCormick County School District, Orangeburg Consolidated School District 3, Orangeburg Consolidated School District 4, Orangeburg Consolidated School District 5, Saluda County School District, and Williamsburg County School District. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. KELLEY spoke against the amendment.

Rep. KELLEY moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 63; Nays 42


Printed Page 1674 . . . . . Thursday, March 14, 2002

Those who voted in the affirmative are:
Allison                Altman                 Barfield
Barrett                Bingham                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Gilham                 Hamilton               Harrell
Harrison               Haskins                Hinson
Huggins                Keegan                 Kelley
Klauber                Law                    Leach
Limehouse              Littlejohn             Loftis
Lucas                  Martin                 McCraw
Meacham-Richardson     Merrill                Neilson
Owens                  Perry                  Quinn
Rice                   Riser                  Rodgers
Sandifer               Scarborough            Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.R.            Smith, W.D.            Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   White
Wilkins                Witherspoon            Young, A.

Total--63

Those who voted in the negative are:

Breeland               Brown, G.              Brown, R.
Carnell                Clyburn                Cobb-Hunter
Emory                  Freeman                Frye
Govan                  Hayes                  Hines, J.
Hines, M.              Hosey                  Jennings
Kirsh                  Lee                    Lloyd
Lourie                 Mack                   McGee
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Parks                  Phillips               Rhoad
Rivers                 Rutherford             Scott
Sheheen                Smith, F.N.            Smith, J.E.

Printed Page 1675 . . . . . Thursday, March 14, 2002

Snow                   Stille                 Stuart
Weeks                  Whipper                Wilder

Total--42

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 220 (Doc Name council\GGS\amend\22415mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 24, after /program./ by inserting: / The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. The additional net proceeds of $22,000,000 generated by these games must be appropriated to the State Department of Education to be allocated to the following school districts for grades K-5 for the purpose of increasing base student cost: Abbeville County School District, Allendale County School District, Bamberg County School District 1, Bamberg County School District 2, Barnwell County School District 19, Barnwell County School District 45, Clarendon County School District 2, Clarendon County School District 3, Dillon County School District 1, Dillon County School District 2, Dillon County School District 3, Florence County School District 1, Florence County School District 2, Florence County School District 3, Florence County School District 4, Florence County School District 5, Hampton County School District 1, Hampton County School District 2, Jasper County School District, Lee County School District, Lexington County School District 4, Marion County School District 1, Marion County School District 2, Marion County School District 3, Marion County School District 4, Marlboro County School District, McCormick County School District, Orangeburg Consolidated School District 3,


Printed Page 1676 . . . . . Thursday, March 14, 2002

Orangeburg Consolidated School District 4, Orangeburg Consolidated School District 5, Saluda County School District, and Williamsburg County School District. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. KELLEY moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 59; Nays 45

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Fleming                Harrell                Harrison
Haskins                Hinson                 Keegan
Kelley                 Klauber                Koon
Law                    Leach                  Limehouse
Littlejohn             Lucas                  Martin
Meacham-Richardson     Merrill                Owens
Perry                  Quinn                  Rice
Riser                  Sandifer               Scarborough
Simrill                Sinclair               Smith, D.C.
Smith, G.M.            Smith, J.R.            Smith, W.D.
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--59

Those who voted in the negative are:

Bowers                 Breeland               Brown, G.
Brown, R.              Carnell                Clyburn

Printed Page 1677 . . . . . Thursday, March 14, 2002

Cobb-Hunter            Coleman                Emory
Freeman                Frye                   Gourdine
Govan                  Hayes                  Hines, J.
Hosey                  Jennings               Kirsh
Lee                    Lloyd                  Lourie
Mack                   McCraw                 McGee
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Phillips
Rhoad                  Rivers                 Rutherford
Sheheen                Smith, F.N.            Smith, J.E.
Snow                   Stille                 Stuart
Weeks                  Whipper                Wilder

Total--45

So, the amendment was tabled.

Rep. KOON proposed the following Amendment No. 222 (Doc Name council\DKA\amend\4562mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 24, after /program./ by inserting: / The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. Of the additional net proceeds of $22,000,000 generated by these games, $8,000,000 must be allocated to the Commission on Higher Education for needs-based grants. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KOON moved to table the amendment, which was agreed to.


Printed Page 1678 . . . . . Thursday, March 14, 2002

Rep. KOON proposed the following Amendment No. 223 (Doc Name council\DKA\amend\4563mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 24, after /program./ by inserting: / The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. Of the additional net proceeds of $22,000,000 generated by these games, $6,000,000 must be allocated to the Commission on Higher Education for needs-based grants. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KOON moved to table the amendment, which was agreed to.

Rep. KOON proposed the following Amendment No. 224 (Doc Name council\DKA\amend\4564mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 24, after /program./ by inserting: / The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. Of the additional net proceeds of $22,000,000 generated by these


Printed Page 1679 . . . . . Thursday, March 14, 2002

games, $4,000,000 must be allocated to the Commission on Higher Education for needs-based grants. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KOON moved to table the amendment, which was agreed to.

Rep. KOON proposed the following Amendment No. 225 (Doc Name council\DKA\amend\4565mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 24, after /program./ by inserting: / The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. Of the additional net proceeds of $22,000,000 generated by these games, $2,000,000 must be allocated to the Commission on Higher Education for needs-based grants. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KOON moved to table the amendment, which was agreed to.

Rep. LLOYD proposed the following Amendment No. 251 (Doc Name council\DKA\amend\4762mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 24, after /program./ by inserting: / The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be


Printed Page 1680 . . . . . Thursday, March 14, 2002

governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. Of the additional net proceeds of $22,000,000 generated by these games, $1,500,000 must be appropriated to the South Carolina State Library for county public library state aid. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LLOYD explained the amendment.

Rep. GOVAN spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.

Rep. KELLEY moved to table the amendment, which was agreed to.

Rep. J. H. NEAL proposed the following Amendment No. 276 (Doc Name council\DKA\amend\4775mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 24, after /program./ by inserting: / The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. Of the additional net proceeds of $22,000,000 generated by these games, $2,000,000 must be appropriated to Community Education at the Department of Health and Environmental Control and must be used for AIDS education and prevention. /
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1681 . . . . . Thursday, March 14, 2002

Rep. J. H. NEAL explained the amendment.

Rep. KELLEY spoke against the amendment.

Rep. KELLEY moved to table the amendment.

Rep. J. H. NEAL demanded the yeas and nays which were taken, resulting as follows:

Yeas 67; Nays 24

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Hamilton               Harrell                Harrison
Haskins                Hinson                 Huggins
Jennings               Keegan                 Kelley
Kirsh                  Klauber                Koon
Law                    Leach                  Limehouse
Littlejohn             Lourie                 Lucas
Martin                 McCraw                 McGee
Meacham-Richardson     Merrill                Neilson
Owens                  Perry                  Phillips
Quinn                  Rice                   Riser
Rodgers                Scarborough            Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, J.R.            Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Webb                   White
Wilkins                Witherspoon            Young, A.
Young, J.

Total--67

Those who voted in the negative are:

Bales                  Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Clyburn                Cobb-Hunter            Gourdine

Printed Page 1682 . . . . . Thursday, March 14, 2002

Govan                  Hines, J.              Hines, M.
Hosey                  Lloyd                  Mack
Moody-Lawrence         Neal, J.H.             Rhoad
Rutherford             Sharpe                 Smith, F.N.
Snow                   Weeks                  Whipper

Total--24

So, the amendment was tabled.

Reps. EASTERDAY and CAMPSEN proposed the following Amendment No. 300 (Doc Name council\DKA\amend\ 4784mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, beginning on line 24, by striking: /The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. /
Amend further, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 36, after /2002.03./ by inserting: / When the State enters into an agreement for participation in and operation of multi-state lottery games pursuant to the Administrative Procedures Act and Section 59-150-70(A), the additional net proceeds that may be generated by those multi-state lottery games must be allocated as follows: $6,000,000 must be appropriated to the College and University Technology Grant Program and funds must be awarded to the branches of the University of South Carolina and public four-year universities, excluding the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina. Grants must be available for award to institutions with grant proposals supporting the development of technology or technology infrastructure, or both. The review process,


Printed Page 1683 . . . . . Thursday, March 14, 2002

to include the awarding of grants, is as determined by the Commission on Higher Education; $2,000,000 to the Commission on Higher Education to be used for needs-based grants; $1,500,000 to the South Carolina State Library to be allocated for county public library aid; $1,500,000 to the Commission on Higher Education to be used for the National Guard Tuition Repayment Program; $2,000,000 to the State Board for Technical and Comprehensive Education Technology Grant Program to be used for technology upgrades across the TEC system; and the remainder to the Department of Education to be used to enhance reading, mathematics, and science programs and student achievement in grades K-5. To the extent there are insufficient revenues to fully fund the itemized programs, the allocation for each program must be reduced pro rata. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. EASTERDAY moved to table the amendment, which was agreed to.

Reps. SCOTT, OTT, GOVAN, HOSEY, HAYES, HOWARD, BATTLE, J.E. SMITH, JENNINGS, MCLEOD, PARKS, J. HINES, MOODY-LAWRENCE, LEE, BREELAND, G. BROWN, LLOYD, RUTHERFORD, SNOW, WILDER, BALES, RHOAD, RIVERS, CLYBURN, CARNELL, MILLER, MACK, J. BROWN and R. BROWN proposed the following Amendment No. 301 (Doc Name council\amend\21171SD.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 24, after /program./ by inserting: / The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. The additional net proceeds of $22,000,000 generated by these games


Printed Page 1684 . . . . . Thursday, March 14, 2002

must be appropriated as follows: HOPE Scholarships $8,736,000; needs-based grants $4,150,000; tuition grants $3,711,000; public libraries $1,500,000; teacher grants $2,400,000; National Guard Scholarships $1,500,000./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

Rep. KELLEY moved to table the amendment.

Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:

Yeas 57; Nays 44

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Chellis                Cotty                  Dantzler
Davenport              Delleney               Easterday
Fleming                Frye                   Harrell
Harrison               Hinson                 Huggins
Keegan                 Kelley                 Klauber
Law                    Leach                  Limehouse
Littlejohn             McGee                  Meacham-Richardson
Merrill                Owens                  Perry
Quinn                  Rice                   Riser
Rodgers                Scarborough            Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, J.R.            Smith, W.D.            Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   White                  Wilkins
Witherspoon            Young, A.              Young, J.

Total--57

Those who voted in the negative are:

Bales                  Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.

Printed Page 1685 . . . . . Thursday, March 14, 2002

Carnell                Clyburn                Cobb-Hunter
Coleman                Emory                  Gourdine
Govan                  Hayes                  Hines, J.
Hines, M.              Hosey                  Jennings
Kirsh                  Lee                    Lourie
Lucas                  Mack                   Martin
McCraw                 McLeod                 Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Ott                    Parks
Phillips               Rhoad                  Rivers
Rutherford             Scott                  Smith, F.N.
Smith, J.E.            Snow                   Weeks
Whipper                Wilder

Total--44

So, the amendment was tabled.

Reps. CARNELL, JENNINGS, WILDER, CLYBURN, MCLEOD, ASKINS, J. E. SMITH, LOURIE, RUTHERFORD, G. BROWN, BOWERS, HARVIN, KENNEDY, MILLER, OTT, BALES, EMORY, HAYES, J. HINES, M. HINES, SCOTT, BATTLE, MOODY-LAWRENCE, COLEMAN, J. BROWN, J. M. NEAL, J. H. NEAL, NEILSON, MCCRAW, HOSEY, HOWARD, PHILLIPS, COBB-HUNTER, WHATLEY, FREEMAN, RIVERS, PARKS, LLOYD, GOVAN, LEE, RHOAD, TOWNSEND, GILHAM, RODGERS, LUCAS, HAMILTON, LEACH, LITTLEJOHN, SINCLAIR, D. C. SMITH, SIMRILL, RISER, WEBB, DAVENPORT, WITHERSPOON, STILLE, TAYLOR, SNOW, WHIPPER and F. N. SMITH proposed the following Amendment No. 302 (Doc Name council\swb\amend\5207djc02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 10, by striking /$27,519,500/ and inserting /$26,019,500/
Amend the bill further, as and if amended, page 392, paragraph 1AA.1, line 12, by inserting /$1,500,000 to the South Carolina State Library for Public Library State Aid/ after / ETV digitalization./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. CARNELL explained the amendment.


Printed Page 1686 . . . . . Thursday, March 14, 2002

Rep. HARRELL moved to table the amendment, which was agreed to.

Rep. KOON proposed the following Amendment No. 308 (Doc Name council\SWB\amend\5227ZCW02.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, paragraph 1AA.1, by striking the language between /2002-03/ on line 36, page 392 and / appropriations / on line 1, page 393 as added by the amendment of Reps. Scarborough, et al. designated as amendment 290 and inserting:
/ Of the additional net proceeds that may be generated by multi-state lottery games, $6,000,000 must be appropriated to the College and University Technology Grant Program and funds must be awarded to the branches of the University of South Carolina and public four-year universities, excluding the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina. Grants must be available for award to institutions with grant proposals supporting the development of technology or technology infrastructure, or both. The review process, to include the awarding of grants, is as determined by the Commission on Higher Education; $2,000,000 to the Commission on Higher Education to be used for needs-based grants (Tuition Grants); $1,500,000 to the South Carolina State Library to be allocated for county public library aid; $1,500,000 to the Commission on Higher Education to be used for the National Guard Tuition Repayment Program; $2,000,000 to the State Board for Technical and Comprehensive Education Technology Grant Program to be used for technology upgrades across the TEC system; and the remainder to the Department of Education to be used to enhance reading, mathematics, and science programs and student achievement in grades K-5. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARRELL explained the amendment.

Rep. J. H. NEAL spoke against the amendment.
Rep. KELLEY spoke in favor of the amendment.
Rep. HARRELL spoke in favor of the amendment.

Rep. SCOTT moved to table the amendment.


Printed Page 1687 . . . . . Thursday, March 14, 2002

Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:

Yeas 42; Nays 65

Those who voted in the affirmative are:

Barfield               Breeland               Brown, J.
Brown, R.              Clyburn                Cobb-Hunter
Emory                  Fleming                Freeman
Gourdine               Govan                  Harrison
Hayes                  Hines, J.              Hines, M.
Hosey                  Jennings               Kirsh
Lee                    Lloyd                  Lourie
Lucas                  Mack                   Martin
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Owens                  Parks
Phillips               Rutherford             Scott
Sheheen                Smith, F.N.            Smith, J.E.
Snow                   Weeks                  Whipper

Total--42

Those who voted in the negative are:

Allison                Bales                  Barrett
Bingham                Bowers                 Campsen
Carnell                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Frye                   Gilham
Hamilton               Harrell                Haskins
Hinson                 Huggins                Keegan
Kelley                 Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
McCraw                 McGee                  Meacham-Richardson
Merrill                Perry                  Quinn
Rhoad                  Rice                   Riser
Rodgers                Scarborough            Sharpe
Simrill                Sinclair               Smith, G.M.
Smith, J.R.            Stuart                 Talley
Taylor                 Thompson               Townsend

Printed Page 1688 . . . . . Thursday, March 14, 2002

Tripp                  Trotter                Vaughn
Walker                 Webb                   White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

Total--65

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Reps. EASTERDAY and SHEHEEN proposed the following Amendment No. 307 (Doc Name council\gjk\amend\21173sd02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 393, paragraph 1AA.1 by adding at the end of the paragraph:
/In participating in multi-state lottery agreements as permitted herein, the South Carolina Lottery Commission is not authorized to enter into any multi-state agreements for multi-state lottery games which do not comply with all requirements of Chapter 150 of Title 59 of the 1976 Code for lottery games and related procedures conducted solely within this State, except for provisions requiring the promulgation of regulations for multi-state games. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. EASTERDAY moved to table the amendment, which was agreed to.

Rep. OTT proposed the following Amendment No. 304 (Doc Name council\BBM\amend\10912htc02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 390, paragraph 1AA.1, beginning on line 24, by deleting the first sentence and inserting:
/ 1AA.1.   (Education Lottery Account) For the current fiscal year, described funds from the Education Lottery Account, including net proceeds from multi-state lottery games, must be appropriated as prescribed to the following education purposes and programs and transferred by the Budget and Control Board as directed below. /


Printed Page 1689 . . . . . Thursday, March 14, 2002

Amend the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 36, after /2002-03./ by inserting / Of the additional net proceeds that may be generated by multi-state lottery games, $6,000,000 must be appropriated to the College and University Technology Grant Program and funds must be awarded to the branches of the University of South Carolina and public four-year universities, excluding the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina. Grants must be available for award to institutions with grant proposals supporting the development of technology or technology infrastructure, or both. The review process, to include the awarding of grants, is as determined by the Commission on Higher Education; $2,000,000 to the Commission on Higher Education to be used for needs-based grants; $1,500,000 to the South Carolina State Library to be allocated for county public library aid; $1,500,000 to the Commission on Higher Education to be used for the National Guard Tuition Repayment Program; and the remainder to the State Board for Technical and Comprehensive Education Technology Grant Program to be used for tuition assistance across the TEC system./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. OTT explained the amendment.

Rep. KELLEY spoke against the amendment.

Rep. KELLEY moved to table the amendment.

Rep. OTT demanded the yeas and nays which were taken, resulting as follows:

Yeas 65; Nays 33

Those who voted in the affirmative are:

Allison                Barrett                Bingham
Carnell                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Gilham
Hamilton               Harrell                Haskins
Hinson                 Huggins                Keegan
Kelley                 Klauber                Knotts

Printed Page 1690 . . . . . Thursday, March 14, 2002

Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Lucas                  Martin                 McCraw
McGee                  Meacham-Richardson     Merrill
Neilson                Owens                  Perry
Quinn                  Rice                   Riser
Rodgers                Scarborough            Simrill
Sinclair               Smith, G.M.            Smith, J.R.
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

Total--65

Those who voted in the negative are:

Bales                  Barfield               Breeland
Brown, G.              Brown, J.              Brown, R.
Clyburn                Cobb-Hunter            Emory
Freeman                Gourdine               Hayes
Hines, J.              Hines, M.              Hosey
Jennings               Kirsh                  Lloyd
Lourie                 Mack                   McLeod
Miller                 Moody-Lawrence         Neal, J.H.
Ott                    Rhoad                  Rivers
Rutherford             Scott                  Smith, J.E.
Snow                   Weeks                  Whipper

Total--33

So, the amendment was tabled.

AMENDMENT NO. 183--RECONSIDERED AND ADOPTED

Rep. BARRETT moved to reconsider the vote whereby Amendment No. 183 was tabled, which was agreed to.

Reps. CARNELL and PARKS proposed the following Amendment No. 183 (Doc Name h-wm\007\jdhl_buses.doc), which was adopted:


Printed Page 1691 . . . . . Thursday, March 14, 2002

Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1, line 13, after "buses." by inserting:
/Of the allocation for the purchase of new school buses, two new nineteen passenger activity buses shall be purchased for John de la Howe./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. CARNELL explained the amendment.

Rep. PARKS spoke in favor of the amendment.
The amendment was then adopted.

Reps. TALLEY, LUCAS and SCOTT proposed the following Amendment No. 306 (Doc Name council\SWB\amend\ 5226ZCW02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 390, paragraph 1AA.1, beginning on line 24, by deleting the first sentence and inserting:
/ 1AA.1.   (Education Lottery Account) For the current fiscal year, described funds from the Education Lottery Account, including net proceeds from multi-state lottery games, must be appropriated as prescribed to the following education purposes and programs and transferred by the Budget and Control Board as directed below. /
Amend the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 36, after /2002-03./ by inserting / Of the additional net proceeds that may be generated by multi-state lottery games, $6,000,000 must be appropriated to the College and University Technology Grant Program and funds must be awarded to the branches of the University of South Carolina and public four-year universities, excluding the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina. Grants must be available for award to institutions with grant proposals supporting the development of technology or technology infrastructure, or both. The review process, to include the awarding of grants, is as determined by the Commission on Higher Education; $2,000,000 to the Commission on Higher Education to be used for needs-based grants; $1,500,000 to the South Carolina State Library to be allocated for county public library aid; $1,500,000 to the Commission on Higher Education to be used for the


Printed Page 1692 . . . . . Thursday, March 14, 2002

National Guard Tuition Repayment Program; $2,000,000 to the State Board for Technical and Comprehensive Education Technology Grant Program to be used for technology upgrades across the TEC system; $4,000,000 to the Commission on Higher Education for tuition grants; and the remainder to the Department of Education to be used to enhance reading, mathematics, and science programs and student achievement in grades K-5. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. TALLEY moved to table the amendment, which was agreed to.

Rep. HARRELL proposed the following Amendment No. 310 (Doc Name council\gjk\amend\21174sd02.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, by adding after / University / on line 18:
/, such funds to be divided equally between the four-year and two-year institutions to which it applies in the aggregate and the state's technical and comprehensive educational system/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARRELL explained the amendment.
The amendment was then adopted.

Reps. EASTERDAY and SHEHEEN proposed the following Amendment No. 313 (Doc Name council\gjk\amend\21176sd02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 393, paragraph 1AA.1 by adding at the end of the paragraph:
/In participating in multi-state lottery agreements as permitted herein, the South Carolina Lottery Commission is not authorized to enter into any multi-state agreements for multi-state lottery games which do not comply with the requirements of Section 59-150-60(18) and Section 59-150-210. /
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1693 . . . . . Thursday, March 14, 2002

Rep. EASTERDAY moved to table the amendment, which was agreed to.

Rep. MILLER proposed the following Amendment No. 314 (Doc Name council\gjk\amend\21177sd02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1 by striking /$18,500,000/ on line 12 and inserting /$18,200,000 / and by adding after / Digitalization. / on line 12 /$300,000 for educational programs for the Choppee Health Center /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER explained the amendment.

Rep. MILLER moved to table the amendment, which was agreed to.

Rep. GOVAN proposed the following Amendment No. 315 (Doc Name council\SWB\amend\5228ZCW02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, by striking /$35,000,000 / on line 12 and inserting /$27,000,000 / and by inserting immediately after / buses. / on line 13 /$8,000,000 shall be distributed to South Carolina State University to be applied for research and technology purposes. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

Rep. KELLEY moved to table the amendment.

Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:

Yeas 59; Nays 32

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bingham                Campsen                Carnell
Cato                   Chellis                Cooper
Cotty                  Dantzler               Delleney

Printed Page 1694 . . . . . Thursday, March 14, 2002

Easterday              Edge                   Fleming
Frye                   Gilham                 Hamilton
Harrell                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Klauber                Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Martin
McCraw                 Meacham-Richardson     Merrill
Owens                  Perry                  Quinn
Rice                   Riser                  Rodgers
Scarborough            Smith, D.C.            Smith, J.R.
Stuart                 Talley                 Taylor
Thompson               Tripp                  Trotter
Vaughn                 Walker                 Webb
White                  Wilder                 Wilkins
Witherspoon            Young, J.

Total--59

Those who voted in the negative are:

Bales                  Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Cobb-Hunter            Freeman                Gourdine
Govan                  Hayes                  Hines, J.
Hines, M.              Hosey                  Jennings
Lloyd                  Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Ott                    Parks
Rivers                 Rutherford             Scott
Sheheen                Smith, J.E.            Snow
Weeks                  Whipper

Total--32

So, the amendment was tabled.

Rep. GOVAN proposed the following Amendment No. 316 (Doc Name council\SWB\amend\5229ZCW02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, by striking /$35,000,000 / on line 12 and inserting /$30,000,000 / and


Printed Page 1695 . . . . . Thursday, March 14, 2002

by inserting immediately after / buses. / on line 13 /$5,000,000 shall be distributed to South Carolina State University to be applied for research and technology purposes. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

Rep. KELLEY moved to table the amendment.

Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:

Yeas 63; Nays 36

Those who voted in the affirmative are:

Barfield               Barrett                Campsen
Carnell                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Edge
Fleming                Frye                   Gilham
Hamilton               Harrell                Harrison
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Law                    Leach
Limehouse              Littlejohn             Loftis
Lucas                  Martin                 McCraw
Meacham-Richardson     Merrill                Neilson
Owens                  Perry                  Phillips
Rice                   Riser                  Rodgers
Scarborough            Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.R.            Stille                 Talley
Taylor                 Thompson               Townsend
Tripp                  Vaughn                 Walker
Webb                   White                  Wilkins
Witherspoon            Young, A.              Young, J.

Total--63


Printed Page 1696 . . . . . Thursday, March 14, 2002

Those who voted in the negative are:
Bales                  Bowers                 Brown, J.
Brown, R.              Clyburn                Cobb-Hunter
Coleman                Emory                  Freeman
Gourdine               Govan                  Hayes
Hines, J.              Hines, M.              Hosey
Jennings               Lee                    Lloyd
Lourie                 Mack                   McLeod
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Parks
Rhoad                  Rivers                 Rutherford
Scott                  Smith, F.N.            Smith, J.E.
Snow                   Weeks                  Whipper

Total--36

So, the amendment was tabled.

Reps. CARNELL and PARKS proposed the following Amendment No. 317 (Doc Name council\gjk\amend\21178sd02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1 by inserting after /buses. / on line 13 / Of the allocation for the purchase of new school buses, one new nineteen passenger activity bus shall be purchased for the John de la Howe School. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. CARNELL moved to table the amendment, which was agreed to.

Rep. KOON proposed the following Amendment No. 318 (Doc Name council\BBM\amend\10915htc02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 24, after /program./ by inserting: / The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of


Printed Page 1697 . . . . . Thursday, March 14, 2002

the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. Of the additional net proceeds of $22,000,000 generated by these games, $2,000,000 must be allocated to the Commission on Higher Education for Tuition Grants. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KOON moved to table the amendment, which was agreed to.

Rep. SCOTT proposed the following Amendment No. 269 (Doc Name council\DKA\amend\4766mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, beginning on page 390 and on line 24, by striking paragraph 1AA.1 in its entirety and inserting:
/ 1AA.1 (Education Lottery Account) For the current fiscal year, described funds from the Education Lottery Account must be appropriated as prescribed to the following education purposes and programs and transferred by the Budget and Control Board as directed below. These appropriations must be used to supplement and not supplant existing funds for education. Distributions from the Education Lottery Account must be made on a quarterly basis by the last day of January, April, July, and October of each year, beginning in July 2002 if the account has accrued more than $35,000,000 in net proceeds by that date. The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as listed in this provision. Of the net proceeds from the Education Lottery Account: $30,000,000 must be used to fund endowed research chairs for the current fiscal year as follows. There is created the Research Centers of Excellence Review Board (board). The board shall consist of nine members. Of the nine members, three must be appointed by the Governor, three must be appointed by the President Pro Tempore of the Senate, and three must be appointed by the Speaker of the House of Representatives. The terms of members are three years, and members are eligible to be appointed for no more than two additional terms. Of


Printed Page 1698 . . . . . Thursday, March 14, 2002

the members initially appointed by the Governor, the President Pro Tempore, and the Speaker of the House, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years, the initial term of each member to be designated by the Governor, President Pro Tempore, and Speaker of the House when making the appointments. The Governor, the President Pro Tempore, and the Speaker of the House shall appoint persons with substantial experience in business, law, accounting, technology, manufacturing, engineering, education, or other professions and experience which provide an understanding of the purposes of this program. The board shall: recommend annually to the State Budget and Control Board for approval a schedule by which applications for funding are received and awarded on a competitive basis; be responsible for the determination of suggested targeted knowledge-based industries for which proposals must be accepted for the awarding of matching funds, and for the oversight and operation of the fund; and provide an annual report to the State Budget and Control Board, which shall include an audit performed by an independent auditor. The presidents of the research universities, Clemson University, the Medical University of South Carolina, South Carolina State University, and the University of South Carolina, shall serve as ex officio nonvoting members of the board. There is created the Research Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account in the amounts provided by the General Assembly. The fund must be managed by the State Treasurer, subject to awards from the endowment. Interest earnings of the endowment fund must remain in the fund. The amount of $3,000,000 must be allocated to South Carolina State University, to be awarded outside of the competitive application and award process. The three senior research universities, Clemson University, the Medical University of South Carolina, and the University of South Carolina, individually, in conjunction with one or more other senior research universities or with other South Carolina higher education institutions, may make application for awards from the endowment. An application for an award from the endowment shall: provide to the board documentation of matching funds in an amount equal to the amount for which application is made; provide to the board documentation that all matching funds have been committed and raised exclusively from sources other than South Carolina tax dollars, and that the funds have been committed and raised after January 1, 2002; be in an amount of not less than two million dollars

Printed Page 1699 . . . . . Thursday, March 14, 2002

and not more than five million dollars; document that the application has significant potential to provide for enhanced economic development for the citizens of South Carolina in a specified knowledge-based industry or field of commerce; and, provide specific partnering activities with other institutions, businesses, and the community. Upon a determination by the board that the application meets the required criteria, the board shall appoint a panel of not more than five from its membership to review the application. The board shall designate one of the members of the panel to serve as chairman. The members appointed to the panel shall have expertise in subject matter areas of the application and shall have no affiliation with the research universities, Clemson University, the Medical University of South Carolina, South Carolina State University, and the University of South Carolina. The panel shall make a report and recommendation to the board as to the merits of the application not more than ninety days after submission to the panel. The board shall then make a determination as to whether or not to award the matching funds and the amount of the award. Staff and support for the operations of the board and the panels must be provided by the State Budget and Control Board. The State Budget and Control Board shall approve all necessary funds for the prudent operation of the board, including per diem, subsistence, and mileage expenses of board members as provided by law for members of state boards, committees, and commissions. The expenditures authorized must be provided from the fund created by these provisions upon approval by the State Budget and Control Board; $42,076,817 must be used to fund an increase attributable to enhanced LIFE Scholarship awards in the current fiscal year to a maximum level of $4,500 a year. Notwithstanding another provision to the contrary, in school year 2002-03, the annual amount of a LIFE Scholarship for an eligible resident student attending a public or independent four-year institution is the cost of tuition for thirty credit hours a year or its equivalent plus a $300 a year book allowance. Tuition for this purpose means the amount charged for registering for credit hours of instruction and does not include other fees, charges, or costs of textbooks and may not exceed $4,200 per student for the year, plus a $300 book allowance, for a maximum LIFE Scholarship for an eligible student in the amount of $4,500 for the year. Notwithstanding any other provision of law, eligibility in the current fiscal year does not require enrollment in an eligible institution within two years of graduating from high school. $3,500,000 must be used to provide Palmetto Fellows Scholarships to all eligible applicants in the amount of $5,500

Printed Page 1700 . . . . . Thursday, March 14, 2002

each. $18,500,000 must be used for ETV Digitalization. $30,000,000 must be used for the purchase of new school buses and the repair of existing school buses. $13,173,345 to the Commission on Higher Education must be used for a College Technology Investment Matching Grant Program to fund matching grants for technology infrastructure including, but not limited to, connectivity, upgrade, hardware, software, management, maintenance, installation, and training at this state's public four-year and two-year institutions of higher learning, branches of the USC, and technical schools, as defined in Sections 59-103-15(B)(2), (3), and (4), not to include the state's three senior research universities, the Medical University of South Carolina, the University of South Carolina, and Clemson University. The State Technical and Comprehensive Education System for this matching grant program is further clarified to include also the 16 individual technical colleges on an institution by institution basis. The monies must be allocated to the Commission on Higher Education for distribution in the amount of at least $100,000 to eligible institutions according to a competitive application process based on objective criteria developed by the Commission on Higher Education, which includes a certification from the applicant that the matching funds from a nonstate appropriated source are in hand. Up to one percent of the allocated amount may be used by the Commission on Higher Education to fund its administration of the program. Notwithstanding another provision of law, for the current year, $48,213,838 allocated so that a person who qualifies for in-state tuition rates pursuant to Chapter 112, Title 59 may attend, tuition-free, based on fiscal year 2001-2002 tuition at each public technical and two-year college increased by the Higher Education Price Index, as adopted by the Commission on Higher Education, a technical college of this State or a public two-year institution of higher learning. A person who qualifies for in-state tuition rates pursuant to this title may attend an independent two-year institution of higher learning and receive lottery tuition assistance each year up to the highest 2001-2002 two-year in-state tuition rate's increase annually by the Higher Education Price Index at a two-year public institution. In order to qualify as a first time entering freshman and before attempting twenty-four academic credit hours, a student must: be a South Carolina resident for a minimum of one year; be enrolled and maintain six credit hours each semester in a certificate, degree, or diploma program; make reasonable progress toward completion of the requirements for the certificate, degree, or diploma program; complete a Free Application for Federal Student Aid

Printed Page 1701 . . . . . Thursday, March 14, 2002

(FAFSA) application; and not be the recipient of a LIFE Scholarship. Regulations for this program are the responsibility of the South Carolina State Board for Technical and Comprehensive Education, for the technical college system, and the Commission on Higher Education for the two-year public and private institutions. These regulations must be developed in a coordinated effort and are to be interchangeable between each of the institutions affected.   A 'public or independent institution' which a student may attend to receive a scholarship for tuition includes South Carolina two-year public institutions, as defined in Section 59-103-5, including branch campuses and two-year independent institutions, as defined in Section 59-113-50.   Institutions whose sole purpose is religious or theological training, or the granting of professional degrees, do not meet the definition of 'public or independent institution' for purposes of this program.   'Tuition' for purposes of this program means the amount charged for registering for credit hours of instruction and academic fees less all federal grants and need-based grants, except as otherwise provided and does not include other fees, charges, or costs of textbooks. The financial need of the student shall be the determining factor in the distribution of need-based grants and the amount received toward tuition. Technical colleges and public two-year institutions may charge students an additional amount for academic or related fees not to exceed eight dollars per credit hour for academic fees, to offset any shortfall in lottery funding for free tuition. This will not increase the fee reduction required by the Commission on Higher Education. Each county must maintain its level of funding for technical colleges. If any county fails to maintain this level of funding for its technical college, the college may add, for students who reside in that county, an impact fee sufficient to offset the reduction in county funds.   In order for a student to retain eligibility after attempting twenty-four academic credit hours the student must have earned a grade point average of 2.0 or better on a 4.0 grading scale. Students shall not be eligible to receive free tuition for more than one certificate, diploma, or degree within any five-year period.   For the purposes of this program, the percentage of each student's need-based grant that is attributable to net lottery proceeds must not be deducted from tuition. Notwithstanding another provisions of law, for the current year,   SC HOPE Scholarships are hereby established with an allocation of $8,736,000, and are provided by the State. These scholarships are authorized in an amount of up to $4,000 dollars and are to cover the cost of attendance, as defined by the Commission on Higher Education by regulation, during the first year of

Printed Page 1702 . . . . . Thursday, March 14, 2002

attendance only, to an eligible student attending a four-year public or independent institution who does not also qualify for a LIFE Scholarship or a Palmetto Fellows Scholarship.   For purposes of this program, a 'public or independent institution' that a student may attend to receive an SC HOPE Scholarship includes the following: a South Carolina four-year public institution as defined in Section 59-103-5 and a four-year independent institution as defined in Section 59-113-50; a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which is accredited by the Southern Association of Colleges and Secondary Schools; or an independent bachelor's level institution which is accredited by the New England Association of Colleges and Schools. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'public or independent institution' for purposes of this program. A student is eligible to receive a SC HOPE Scholarship if he meets the criteria for receiving and maintaining the Legislative Incentives for Future Excellence (LIFE) Scholarship except that a minimum Scholastic Aptitude Test (SAT) or ACT score and requisite class rank are not required for eligibility for the SC HOPE Scholarship. These SC HOPE Scholarships must be granted and awarded. These SC HOPE Scholarships in combination with all other grants and scholarships must not exceed the cost of attendance at the particular institutions referenced. The Commission on Higher Education must promulgate regulations and establish procedures to administer these provisions. All institutions participating in the SC HOPE Scholarship Program must report their enrollment and other relevant data as solicited by the Commission on Higher Education which may audit these institutions to ensure compliance with this provision. The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission.

Printed Page 1703 . . . . . Thursday, March 14, 2002

Of the additional net proceeds of the $22,000,000 generated by these games: $4,500,000 must be appropriated to the Commission on Higher Education to be used for needs-based grants; $1,500,000 must be appropriated to the Commission on Higher Education to be used for the National Guard Tuition Repayment Program; $2,000,000 must be appropriated to the Commission on Higher Education to be used for grants for teachers seeking the masters degree or further training in their subject matter fields; $2,500,000 must be appropriated to the Commission on Higher Education and allocated to the state's independent institutions of higher learning for funding of tuition grants; $3,000,000 to the Commission on Higher Education to be allocated to South Carolina State University for the funding of research and technology grants in support of basic and applied research in information and technology outreach opportunities for the state's rural and urban citizens; $1,500,000 to the Department of Education for K-12 technology access, upgrade, maintenance, and training; $1,500,000 to the State Library for distribution to the state's county public libraries; $1,000,000 to the Department of Education for the funding of pilot programs at the local school level, with priority to those schools ranking below average or unsatisfactory for purposes of the Education Accountability Act; $1,500,000 to the Department of Education to fund homework centers at the local level; and $3,000,000 to the Commission on Higher Education for equal distribution for the purpose of funding capital construction and renovation projects at the state's private historically black colleges and universities, as defined in 20 U. S. Code Section 1061. Appropriations made in this provision are declared to be maximum, conditional, and proportionate, the purpose being to authorize expenditures for educational purposes and programs in amounts not to exceed the amounts named in this provision, but only if the aggregate revenues available in the Education Lottery Account during the period for which the appropriations are made are sufficient to pay them in full. The State Budget and Control Board is directed to survey the progress of the collection of revenue and the expenditure of funds in the Education Lottery Account. If the State Budget and Control Board determines that a year-end aggregate deficit may occur by virtue of a projected shortfall in anticipated revenues, it shall take the necessary action to restrict the rate of expenditure for educational programs, consistent with this provision. Any institution, activity, program, item, special appropriation, or allocation for which the General Assembly has provided funding in this provision must not be discontinued, deleted, or deferred by the State Budget and Control

Printed Page 1704 . . . . . Thursday, March 14, 2002

Board. A reduction of the rate of expenditure by the State Budget and Control Board, pursuant to authority of this provision, must be applied as uniformly as is practicable, except that a reduction must not be applied to the funding of scholarships in this provision. Any unspent surplus resulting from the collection of revenues in an amount in excess of that anticipated must remain in the Education Lottery Account and must be allocated for and appropriated to educational purposes and programs only as determined by the General Assembly. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

Rep. GOVAN spoke in favor of the amendment.

Rep. KELLEY moved to table the amendment.

Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:

Yeas 68; Nays 34

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Delleney
Easterday              Edge                   Fleming
Frye                   Gilham                 Hamilton
Harrell                Harrison               Haskins
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Law                    Leach
Limehouse              Littlejohn             Loftis
Martin                 McCraw                 McGee
Meacham-Richardson     Merrill                Owens
Perry                  Phillips               Quinn
Rice                   Riser                  Rodgers
Scarborough            Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, G.M.            Smith, J.R.            Stille
Stuart                 Talley                 Taylor

Printed Page 1705 . . . . . Thursday, March 14, 2002

Thompson               Townsend               Tripp
Trotter                Vaughn                 Webb
White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--68

Those who voted in the negative are:

Bales                  Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Clyburn                Emory                  Freeman
Gourdine               Govan                  Hayes
Hines, J.              Hines, M.              Hosey
Jennings               Lourie                 Lucas
Mack                   McLeod                 Miller
Moody-Lawrence         Neal, J.H.             Neilson
Ott                    Parks                  Rhoad
Rivers                 Rutherford             Scott
Smith, F.N.            Smith, J.E.            Snow
Weeks

Total--34

So, the amendment was tabled.

Reps. SCOTT, OTT, GOVAN and MCLEOD proposed the following Amendment No. 285 (Doc Name council\DKA\amend\ 4776mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, beginning on page 390 and on line 24, by striking paragraph 1AA.1 in its entirety and inserting:
/ 1AA.1 (Education Lottery Account) For the current fiscal year, described funds from the Education Lottery Account must be appropriated as prescribed to the following education purposes and programs and transferred by the Budget and Control Board as directed below. These appropriations must be used to supplement and not supplant existing funds for education. Distributions from the Education Lottery Account must be made on a quarterly basis by the last day of January, April, July, and October of each year, beginning in July 2002 if the account has accrued more than $35,000,000 in net proceeds by that date. The Budget and Control Board is directed to


Printed Page 1706 . . . . . Thursday, March 14, 2002

prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as listed in this provision. Of the net proceeds from the Education Lottery Account: $14,453,845 must be appropriated to the State Department of Education and must be used to fund Education Accountability initiatives; $27,519,500 must be appropriated to the State Department of Education and must be used to fund enhanced reading, mathematics, and science programs in grades K-5; $30,000,000 must be used to fund endowed research chairs for the current fiscal year as follows. There is created the Research Centers of Excellence Review Board (board). The board shall consist of nine members. Of the nine members, three must be appointed by the Governor, three must be appointed by the President Pro Tempore of the Senate, and three must be appointed by the Speaker of the House of Representatives. The terms of members are three years, and members are eligible to be appointed for no more than two additional terms. Of the members initially appointed by the Governor, the President Pro Tempore, and the Speaker of the House, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years, the initial term of each member to be designated by the Governor, President Pro Tempore, and Speaker of the House when making the appointments. The Governor, the President Pro Tempore, and the Speaker of the House shall appoint persons with substantial experience in business, law, accounting, technology, manufacturing, engineering, education, or other professions and experience which provide an understanding of the purposes of this program. The board shall: recommend annually to the State Budget and Control Board for approval a schedule by which applications for funding are received and awarded on a competitive basis; be responsible for the determination of suggested targeted knowledge-based industries for which proposals must be accepted for the awarding of matching funds, and for the oversight and operation of the fund; and provide an annual report to the State Budget and Control Board, which shall include an audit performed by an independent auditor. The presidents of the research universities, Clemson University, the Medical University of South Carolina, South Carolina State University, and the University of South Carolina, shall serve as ex officio nonvoting members of the board. There is created the Research Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account in the amounts provided by the General Assembly. The fund must be managed by the State Treasurer,

Printed Page 1707 . . . . . Thursday, March 14, 2002

subject to awards from the endowment. Interest earnings of the endowment fund must remain in the fund. The amount of $3,000,000 must be allocated to South Carolina State University, to be awarded outside of the competitive application and award process. The three senior research universities, Clemson University, the Medical University of South Carolina, and the University of South Carolina, individually, in conjunction with one or more other senior research universities or with other South Carolina higher education institutions, may make application for awards from the endowment. An application for an award from the endowment shall: provide to the board documentation of matching funds in an amount equal to the amount for which application is made; provide to the board documentation that all matching funds have been committed and raised exclusively from sources other than South Carolina tax dollars, and that the funds have been committed and raised after January 1, 2002; be in an amount of not less than two million dollars and not more than five million dollars; document that the application has significant potential to provide for enhanced economic development for the citizens of South Carolina in a specified knowledge-based industry or field of commerce; and, provide specific partnering activities with other institutions, businesses, and the community. Upon a determination by the board that the application meets the required criteria, the board shall appoint a panel of not more than five from its membership to review the application. The board shall designate one of the members of the panel to serve as chairman. The members appointed to the panel shall have expertise in subject matter areas of the application and shall have no affiliation with the research universities, Clemson University, the Medical University of South Carolina, South Carolina State University, and the University of South Carolina. The panel shall make a report and recommendation to the board as to the merits of the application not more than ninety days after submission to the panel. The board shall then make a determination as to whether or not to award the matching funds and the amount of the award. Staff and support for the operations of the board and the panels must be provided by the State Budget and Control Board. The State Budget and Control Board shall approve all necessary funds for the prudent operation of the board, including per diem, subsistence, and mileage expenses of board members as provided by law for members of state boards, committees, and commissions. The expenditures authorized must be provided from the fund created by these provisions upon approval by the State Budget and Control Board; $42,076,817 must be used to fund an increase attributable to enhanced

Printed Page 1708 . . . . . Thursday, March 14, 2002

LIFE Scholarship awards in the current fiscal year to a maximum level of $4,500 a year. Notwithstanding another provision to the contrary, in school year 2002-03, the annual amount of a LIFE Scholarship for an eligible resident student attending a public or independent four-year institution is the cost of tuition for thirty credit hours a year or its equivalent plus a $300 a year book allowance. Tuition for this purpose means the amount charged for registering for credit hours of instruction and does not include other fees, charges, or costs of textbooks and may not exceed $4,200 per student for the year, plus a $300 book allowance, for a maximum LIFE Scholarship for an eligible student in the amount of $4,500 for the year. Notwithstanding any other provision of law, eligibility in the current fiscal year does not require enrollment in an eligible institution within two years of graduating from high school. $3,500,000 must be used to provide Palmetto Fellows Scholarships to all eligible applicants in the amount of $5,500 each. $6,000,000 must be used for the acquisition of new school buses and the repair of existing school buses. $13,700,000 to the Commission on Higher Education must be used for a College Technology Investment Matching Grant Program to fund matching grants for technology infrastructure including, but not limited to, connectivity, upgrade, hardware, software, management, maintenance, installation, and training at this state's public four-year and two-year institutions of higher learning, branches of the USC, and technical schools, as defined in Sections 59-103-15(B)(2), (3), and (4), not to include the state's three senior research universities, the Medical University of South Carolina, the University of South Carolina, and Clemson University. The State Technical and Comprehensive Education System for this matching grant program is further clarified to include also the 16 individual technical colleges on an institution by institution basis. The monies must be allocated to the Commission on Higher Education for distribution in the amount of at least $100,000 to eligible institutions according to a competitive application process based on objective criteria developed by the Commission on Higher Education, which includes a certification from the applicant that the matching funds from a nonstate appropriated source are in hand. Up to one percent of the allocated amount may be used by the Commission on Higher Education to fund its administration of the program. Notwithstanding another provision of law, for the current year, $48,213,838 allocated so that a person who qualifies for in-state tuition rates pursuant to Chapter 112, Title 59 may attend, tuition-free, based on fiscal year 2001-2002 tuition at each public technical and two-year

Printed Page 1709 . . . . . Thursday, March 14, 2002

college increased by the Higher Education Price Index, as adopted by the Commission on Higher Education, a technical college of this State or a public two-year institution of higher learning. A person who qualifies for in-state tuition rates pursuant to this title may attend an independent two-year institution of higher learning and receive lottery tuition assistance each year up to the highest 2001-2002 two-year in-state tuition rate's increase annually by the Higher Education Price Index at a two-year public institution. In order to qualify as a first time entering freshman and before attempting twenty-four academic credit hours, a student must: be a South Carolina resident for a minimum of one year; be enrolled and maintain six credit hours each semester in a certificate, degree, or diploma program; make reasonable progress toward completion of the requirements for the certificate, degree, or diploma program; complete a Free Application for Federal Student Aid (FAFSA) application; and not be the recipient of a LIFE Scholarship. Regulations for this program are the responsibility of the South Carolina State Board for Technical and Comprehensive Education, for the technical college system, and the Commission on Higher Education for the two-year public and private institutions. These regulations must be developed in a coordinated effort and are to be interchangeable between each of the institutions affected.   A 'public or independent institution' which a student may attend to receive a scholarship for tuition includes South Carolina two-year public institutions, as defined in Section 59-103-5, including branch campuses and two-year independent institutions, as defined in Section 59-113-50.   Institutions whose sole purpose is religious or theological training, or the granting of professional degrees, do not meet the definition of 'public or independent institution' for purposes of this program.   'Tuition' for purposes of this program means the amount charged for registering for credit hours of instruction and academic fees less all federal grants and need-based grants, except as otherwise provided and does not include other fees, charges, or costs of textbooks. The financial need of the student shall be the determining factor in the distribution of need-based grants and the amount received toward tuition. Technical colleges and public two-year institutions may charge students an additional amount for academic or related fees not to exceed eight dollars per credit hour for academic fees, to offset any shortfall in lottery funding for free tuition. This will not increase the fee reduction required by the Commission on Higher Education. Each county must maintain its level of funding for technical colleges. If any county fails to maintain this level of funding for its technical college,

Printed Page 1710 . . . . . Thursday, March 14, 2002

the college may add, for students who reside in that county, an impact fee sufficient to offset the reduction in county funds.   In order for a student to retain eligibility after attempting twenty-four academic credit hours the student must have earned a grade point average of 2.0 or better on a 4.0 grading scale. Students shall not be eligible to receive free tuition for more than one certificate, diploma, or degree within any five-year period.   For the purposes of this program, the percentage of each student's need-based grant that is attributable to net lottery proceeds must not be deducted from tuition. Notwithstanding another provisions of law, for the current year,   SC HOPE Scholarships are hereby established with an allocation of $8,736,000, and are provided by the State. These scholarships are authorized in an amount of up to $4,000 dollars and are to cover the cost of attendance, as defined by the Commission on Higher Education by regulation, during the first year of attendance only, to an eligible student attending a four-year public or independent institution who does not also qualify for a LIFE Scholarship or a Palmetto Fellows Scholarship.   For purposes of this program, a 'public or independent institution' that a student may attend to receive an SC HOPE Scholarship includes the following: a South Carolina four-year public institution as defined in Section 59-103-5 and a four-year independent institution as defined in Section 59-113-50; a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which is accredited by the Southern Association of Colleges and Secondary Schools; or an independent bachelor's level institution which is accredited by the New England Association of Colleges and Schools. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'public or independent institution' for purposes of this program. A student is eligible to receive a SC HOPE Scholarship if he meets the criteria for receiving and maintaining the Legislative Incentives for Future Excellence (LIFE) Scholarship except that a minimum Scholastic Aptitude Test (SAT) or ACT score and requisite class rank are not required for eligibility for the SC HOPE Scholarship. These SC HOPE Scholarships must be granted and awarded. These SC HOPE Scholarships in combination with all other grants and scholarships must not exceed the cost of attendance at the particular institutions referenced. The Commission on Higher Education must promulgate regulations and establish procedures to administer these provisions. All institutions participating in the SC HOPE Scholarship Program

Printed Page 1711 . . . . . Thursday, March 14, 2002

must report their enrollment and other relevant data as solicited by the Commission on Higher Education which may audit these institutions to ensure compliance with this provision. The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. Of the additional net proceeds of the $22,000,000 generated by these games: $4,500,000 must be appropriated to the Commission on Higher Education to be used for needs-based grants; $1,500,000 must be appropriated to the Commission on Higher Education to be used for the National Guard Tuition Repayment Program; $2,000,000 must be appropriated to the Commission on Higher Education to be used for grants for teachers seeking the masters degree or further training in their subject matter fields; $2,500,000 must be appropriated to the Commission on Higher Education and allocated to the state's independent institutions of higher learning for funding of tuition grants; $3,000,000 to the Commission on Higher Education to be allocated to South Carolina State University for the funding of research and technology grants in support of basic and applied research in information and technology outreach opportunities for the state's rural and urban citizens; $1,500,000 to the Department of Education for K-12 technology access, upgrade, maintenance, and training; $1,500,000 to the State Library for distribution to the state's county public libraries; $1,000,000 to the Department of Education for the funding of pilot programs at the local school level, with priority to those schools ranking below average or unsatisfactory for purposes of the Education Accountability Act; and $3,000,000 to the Commission on Higher Education for equal distribution for the purpose of funding capital construction and renovation projects at the state's private historically black colleges and universities, as defined in 20 U. S. Code Section 1061. Appropriations made in this provision are declared to be maximum, conditional, and proportionate, the purpose being to authorize expenditures for educational purposes and programs in

Printed Page 1712 . . . . . Thursday, March 14, 2002

amounts not to exceed the amounts named in this provision, but only if the aggregate revenues available in the Education Lottery Account during the period for which the appropriations are made are sufficient to pay them in full. The State Budget and Control Board is directed to survey the progress of the collection of revenue and the expenditure of funds in the Education Lottery Account. If the State Budget and Control Board determines that a year-end aggregate deficit may occur by virtue of a projected shortfall in anticipated revenues, it shall take the necessary action to restrict the rate of expenditure for educational programs, consistent with this provision. Any institution, activity, program, item, special appropriation, or allocation for which the General Assembly has provided funding in this provision must not be discontinued, deleted, or deferred by the State Budget and Control Board. A reduction of the rate of expenditure by the State Budget and Control Board, pursuant to authority of this provision, must be applied as uniformly as is practicable, except that a reduction must not be applied to the funding of scholarships in this provision. Any unspent surplus resulting from the collection of revenues in an amount in excess of that anticipated must remain in the Education Lottery Account and must be allocated for and appropriated to educational purposes and programs only as determined by the General Assembly. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

Rep. GOVAN spoke in favor of the amendment.

Rep. KELLEY moved to table the amendment.

Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:

Yeas 59; Nays 31

Those who voted in the affirmative are:

Altman                 Barfield               Barrett
Bingham                Campsen                Carnell
Cato                   Chellis                Cooper
Cotty                  Dantzler               Delleney
Easterday              Edge                   Fleming
Frye                   Hamilton               Harrell

Printed Page 1713 . . . . . Thursday, March 14, 2002

Harrison               Hinson                 Keegan
Kelley                 Kirsh                  Klauber
Koon                   Law                    Leach
Limehouse              Martin                 McCraw
McGee                  Meacham-Richardson     Neilson
Perry                  Phillips               Quinn
Rice                   Riser                  Rodgers
Scarborough            Simrill                Sinclair
Smith, G.M.            Smith, J.R.            Smith, W.D.
Stille                 Stuart                 Taylor
Thompson               Tripp                  Trotter
Walker                 Webb                   Whatley
White                  Wilder                 Wilkins
Witherspoon            Young, J.

Total--59

Those who voted in the negative are:

Bales                  Brown, J.              Clyburn
Cobb-Hunter            Gourdine               Govan
Hayes                  Hines, J.              Hines, M.
Hosey                  Jennings               Lee
Lloyd                  Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Parks                  Rhoad                  Rivers
Rutherford             Scott                  Sheheen
Smith, F.N.            Smith, J.E.            Weeks
Whipper

Total--31

So, the amendment was tabled.

Reps. LUCAS, TALLEY and SCOTT proposed the following Amendment No. 299 (Doc Name council\DKA\amend\ 4783mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 390, paragraph 1AA.1, beginning on line 24, by deleting the first sentence and inserting:


Printed Page 1714 . . . . . Thursday, March 14, 2002

/ 1AA.1.   (Education Lottery Account) For the current fiscal year, described funds from the Education Lottery Account, including net proceeds from multi-state lottery games, must be appropriated as prescribed to the following education purposes and programs and transferred by the Budget and Control Board as directed below. /
Amend the bill further, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 36, after /2002-03./ by inserting / Of the additional net proceeds that may be generated by multi-state lottery games, $6,000,000 must be appropriated to the College and University Technology Grant Program and funds must be awarded to the branches of the University of South Carolina and public four-year universities, excluding the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina. Grants must be available for award to institutions with grant proposals supporting the development of technology or technology infrastructure, or both. The review process, to include the awarding of grants, is as determined by the Commission on Higher Education; $2,000,000 to the Commission on Higher Education to be used for needs-based grants; $1,500,000 to the South Carolina State Library to be allocated for county public library aid; $1,500,000 to the Commission on Higher Education to be used for the National Guard Tuition Repayment Program; $2,000,000 to the State Board for Technical and Comprehensive Education Technology Grant Program to be used for technology upgrades across the TEC system; $2,000,000 to the Commission on Higher Education for tuition grants; and the remainder to the Department of Education to be used to enhance reading, mathematics, and science programs and student achievement in grades K-5. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARRELL moved to table the amendment, which was agreed to.

Reps. CARNELL, JENNINGS, WILDER, CLYBURN, KLAUBER, MCLEOD, ASKINS, J. E. SMITH, LOURIE, RUTHERFORD, G. BROWN, BOWERS, HARVIN, KENNEDY, MILLER, OTT, BALES, EMORY, HAYES, J. HINES, M. HINES, SCOTT, BATTLE, MOODY-LAWRENCE, COLEMAN, J. BROWN, J. M. NEAL, J. H. NEAL, NEILSON, MCCRAW, HOSEY, HOWARD, PHILLIPS, COBB-HUNTER, WHATLEY, FREEMAN, RIVERS, PARKS,


Printed Page 1715 . . . . . Thursday, March 14, 2002

LLOYD, GOVAN, LEE, RHOAD, TOWNSEND, GILHAM, RODGERS, LUCAS, HAMILTON, LEACH, LITTLEJOHN, SINCLAIR, D. C. SMITH, SIMRILL, RISER, WEBB, DAVENPORT, WITHERSPOON, STILLE, TAYLOR, SNOW, WHIPPER and F. N. SMITH proposed the following Amendment No. 187 (Doc Name council\dka\amend\4750mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 24, after /program./ by inserting: / The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. Of the additional net proceeds of $22,000,000 generated by these games: $1,500,000 must be appropriated to the South Carolina State Library for public library state aid. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. CARNELL explained the amendment.

Rep. CARNELL moved to table the amendment, which was agreed to.

Rep. J. H. NEAL proposed the following Amendment No. 214 (Doc Name council\DKA\amend\4752mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 24, after /program./ by inserting: / The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be


Printed Page 1716 . . . . . Thursday, March 14, 2002

governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. Of the additional net proceeds of $22,000,000 generated by these games, $2,120,481 must be allocated for needs-based grants. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. H. NEAL explained the amendment.

Rep. HARRELL spoke against the amendment.

Rep. HARRELL moved to table the amendment.

Rep. J. H. NEAL demanded the yeas and nays which were taken, resulting as follows:

Yeas 66; Nays 35

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Carnell                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Easterday              Edge                   Frye
Gilham                 Hamilton               Harrell
Harrison               Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             McCraw                 McGee
Merrill                Owens                  Perry
Phillips               Quinn                  Rice
Riser                  Rodgers                Scarborough
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, F.N.            Smith, J.R.
Smith, W.D.            Stille                 Stuart
Talley                 Taylor                 Thompson
Tripp                  Trotter                Vaughn

Printed Page 1717 . . . . . Thursday, March 14, 2002

Walker                 Webb                   Whatley
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

Total--66

Those who voted in the negative are:

Bales                  Breeland               Brown, G.
Brown, J.              Clyburn                Cobb-Hunter
Coleman                Delleney               Emory
Govan                  Hayes                  Hines, J.
Hines, M.              Hosey                  Jennings
Lloyd                  Lourie                 Lucas
Mack                   McLeod                 Meacham-Richardson
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Parks
Rhoad                  Rivers                 Rutherford
Scott                  Sheheen                Smith, G.M.
Smith, J.E.            Weeks

Total--35

So, the amendment was tabled.

Reps. SCOTT and OTT proposed the following Amendment No. 235 (Doc Name council\DKA\amend\4759mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1AA.1, line 24, after /program./ by inserting: / The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. The additional net proceeds of $22,000,000 generated by these games


Printed Page 1718 . . . . . Thursday, March 14, 2002

must be appropriated as follows: HOPE Scholarships $8,736,000; needs-based grants $4,150,000; tuition grants $3,711,000; public libraries $1,000,000; teacher grants $3,400,000; National Guard Scholarships $1,000,000./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

Rep. MACK spoke in favor of the amendment.
Rep. JENNINGS spoke in favor of the amendment.

Rep. KELLEY moved to table the amendment, which was agreed to.

Rep. GOVAN spoke against the Section.

Rep. OTT spoke against the Section.

Rep. MACK spoke against the Section.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SNOW a leave of absence.

Rep. MACK continued speaking.

Section 1AA, as amended, was adopted.

SECTION 2

Section 2 was adopted.

SECTION 5A--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 247 (Doc Name h-wm\003\5a.13 loanpgm.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 396, paragraph 13, line 36, by striking /$227,280/ and inserting /$308,452/
Amend the bill further, as and if amended, page 396, paragraph 13, line 36 and page 397, line 1, by striking /and $100,000 $81,172 shall be distributed to Benedict College /


Printed Page 1719 . . . . . Thursday, March 14, 2002

Renumber sections to conform.
Amend totals and titles to conform.

Rep. KIRSH explained the amendment.

Rep. KEEGAN spoke against the amendment.

Rep. KEEGAN moved to table the amendment.

The amendment was then tabled by a division vote of 40 to 9.

Rep. PERRY proposed the following Amendment No. 83 (Doc Name h-wm\008\perrypf2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 399, after line 24, by adding an appropriately numbered paragraph to read:
/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./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. PERRY explained the amendment.
The amendment was then adopted.

Rep. BALES proposed the following Amendment No. 227 (Doc Name council\gjk\amend\21117sd02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 5A, H03, Commission on Higher Education, page 399, by adding an appropriately numbered paragraph immediately after paragraph 5A.30 to read:
/5A.___   A student who graduated from a high school in this State in 2000 or thereafter who at that time had sufficient qualifications to receive a Palmetto Fellows Scholarship but chose instead to attend an out-of-state institution of higher learning continues to be eligible to receive a Palmetto Fellows Scholarship to attend an institution of higher learning of this State for the remainder of the four-year or other period if his academic record at the out-of-state institution would have


Printed Page 1720 . . . . . Thursday, March 14, 2002

enabled him to retain the Palmetto Fellows Scholarship had he been attending an in-state institution. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BALES explained the amendment.

Rep. KEEGAN spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. KEEGAN spoke against the amendment.

Rep. KEEGAN moved to table the amendment.

Rep. BALES demanded the yeas and nays which were taken, resulting as follows:

Yeas 55; Nays 34

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bingham                Campsen                Carnell
Cato                   Chellis                Cooper
Cotty                  Delleney               Easterday
Fleming                Gilham                 Hamilton
Harrell                Haskins                Hinson
Huggins                Keegan                 Kelley
Klauber                Knotts                 Leach
Limehouse              Littlejohn             Lucas
Martin                 McCraw                 McGee
Meacham-Richardson     Merrill                Owens
Quinn                  Rice                   Riser
Rodgers                Scarborough            Sharpe
Simrill                Smith, D.C.            Smith, G.M.
Smith, J.R.            Stille                 Stuart
Talley                 Taylor                 Thompson
Tripp                  Vaughn                 Walker
White                  Witherspoon            Young, A.
Young, J.

Total--55


Printed Page 1721 . . . . . Thursday, March 14, 2002

Those who voted in the negative are:
Bales                  Brown, G.              Brown, R.
Clyburn                Cobb-Hunter            Frye
Gourdine               Hayes                  Hines, M.
Hosey                  Jennings               Kirsh
Lloyd                  Loftis                 Lourie
Mack                   McLeod                 Miller
Moody-Lawrence         Neal, J.H.             Ott
Parks                  Perry                  Rhoad
Rivers                 Rutherford             Scott
Sinclair               Smith, F.N.            Smith, J.E.
Trotter                Webb                   Weeks
Whipper

Total--34

So, the amendment was tabled.

Section 5A, as amended, was adopted.

SECTION 5B

Section 5B was adopted.

SECTION 5D--ADOPTED

Rep. KNOTTS moved to adjourn debate on the section.

Rep. HARRELL moved to table the motion, which was agreed to.

Section 5D was adopted.

SECTION 5J

Section 5J was adopted.

SECTION 5K

Section 5K was adopted.

SECTION 5M

Section 5M was adopted.


Printed Page 1722 . . . . . Thursday, March 14, 2002

SECTION 5N

Section 5N was adopted.

SECTION 6

Section 6 was adopted.

Rep. HARRELL moved that the House recede until 2:00 p.m., which was agreed to.

Further proceedings were interrupted by the House receding, the pending question being consideration of Part IB.

THE HOUSE RESUMES

At 2:00 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER HARRISON IN CHAIR

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR

H. 4878--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Part IB.

H. 4878--THE GENERAL APPROPRIATION BILL

SECTION 7--AMENDED AND ADOPTED

Rep. RICE proposed the following Amendment No. 117 (Doc Name h-wm\002\vrtransfer.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 7, VOCATIONAL REHABILITATION, page 402, paragraph 1, line 29, by inserting at the end:
/The department must transfer $900,000 to the General Fund of the State during the current fiscal year./
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1723 . . . . . Thursday, March 14, 2002

Rep. RICE explained the amendment.
The amendment was then adopted.

Rep. RICE proposed the following Amendment No. 106 (Doc Name h-wm\002\7.7 client svcs.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 7, VOCATIONAL REHABILITATION, page 403, paragraph 7, line 21, by striking /2001/ and inserting /2002/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RICE explained the amendment.
The amendment was then adopted.

Reps. QUINN and RICE proposed the following Amendment No. 112 (Doc Name h-wm\002\vr blind.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 7, VOCATIONAL REHABILITATION, page 403, paragraph 8, lines 23-25, by striking:/ 7.8. (VR: Blind-Matching Federal Funds) For the current fiscal year the amount appropriated in this section under Program II for Rehabilitative Services is conditioned upon matching by federal funds to the maximum amount available under the Federal Vocational Rehabilitation Program./
Amend the bill further, as and if amended, page 403, paragraph 9, lines 26-28, by striking:/7.9. (VR: Blind-Braille Production and Telecommunications Revenue) Revenues derived from the production of Braille and provision of services by clients of the Adult Adjustment and Training Center may be retained by the commission and used in the facility for production costs./
Amend the bill further, as and if amended, page 403, paragraph 10, lines 29-30, by striking:/7.10. (VR: Blind-Use of Funds) The Commission for the Blind is authorized to use unrestricted funds donated to the agency and any surplus state appropriations, to clear old negative grant balances that have been reflected in its accounts prior to 1991./
Amend the bill further, as and if amended, page 403, paragraph 11, lines 31-33, by striking:/7.11.(VR: Blind-USC-Spartanburg Visual Impairment Master of Education Program) Of the funds appropriated to the South Carolina Commission for the Blind, $50,000 shall be used to fund the Master of Education Program In Visual Impairment at the University of South Carolina- Spartanburg./


Printed Page 1724 . . . . . Thursday, March 14, 2002

Renumber sections to conform.
Amend totals and titles to conform.

Rep. RICE explained the amendment.
The amendment was then adopted.

Rep. RICE proposed the following Amendment No. 147 (Doc Name h-wm\002\vradm.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 7, VOCATIONAL REHABILITATION, page 403, after line 33, by adding an appropriately numbered paragraph to read:
/ Funds for carrying out certain administrative functions of the commission including information technology, leasing of district offices, human resource management, budgeting, and accounting must be appropriated to the Department of Vocational Rehabilitation to consolidate the administrative functions of the commission and the department. The Commission for the Blind shall provide the Department of Vocational Rehabilitation with the on-going information necessary to carry out these administrative functions and to be in compliance with the state and federal law. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RICE explained the amendment.

Rep. QUINN spoke in favor of the amendment.
The amendment was then adopted.

Section 7, as amended, was adopted.

SECTION 8--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 113 (Doc Name h-wm\002\dhhs date.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 408, paragraph 34, line 26, by striking /2002/ and inserting /each year/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KIRSH explained the amendment.
The amendment was then adopted.


Printed Page 1725 . . . . . Thursday, March 14, 2002

Rep. QUINN proposed the following Amendment No. 311 (Doc Name h-wm\002\8.37 initiatives.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 409, paragraph 37, lines 1-33, by striking the paragraph in its entirety and inserting / 8.37. (DHHS: Medicaid Initiatives) It is the intent of the General Assembly for the department to take the following initiatives: School Districts - The department shall withhold and retain up to $20,000,000 in increased revenue earned by school districts in the prior fiscal year and through June 30, 2003, as a result of rate changes and/or activation of Medicaid payment for new services. The Department of Education (SDE) and school districts shall aggressively pursue Medicaid reimbursement including administrative claiming and transportation services. The Department of Health and Human Services (DHHS) shall report to the B&C Board school districts failing to comply with the provisions of this section. Upon approval of the B&C Board, the SDE shall transfer to DHHS a like amount from the non-complying school district's EFA and EIA allocations. Medicaid Coverage Waiver - The department must submit an application for a waiver to increase the agency's discretion in administering the program including the use of premiums, deductibles, and co-pays by persons earning more than $30,000. The purpose of the waiver is to allow the agency to adjust eligibility standards. The waiver should be used to lower the costs of providing service to current higher income recipients. These costs savings should be used to provide limited services to those who currently have no health insurance. DHHS should explore limiting these new coverage groups to more essential services as opposed to a full coverage plan; Eligibility Determination Integrity Measures- DHHS must improve the accuracy and integrity of the eligibility determination program. DHHS shall institute a program to more closely scrutinize eligibility workers out stationed in provider offices. The eligibility determination measures must include, but are not limited to: 1) applicants, family members, or third parties must apply in person with an eligibility worker; 2) fax or mail-in applications are prohibited; 3) documented proof of citizenship or legal alien status is required; 4) A "face to face" re-application every twelve months is required except for the elderly and persons with handicapping conditions; 5) applicants, parents, the responsible party, or persons holding a power of attorney for the applicant must sign the application, which will attest to the accuracy of the information provided and provide for consent of applicant for eligibility search; 6)

Printed Page 1726 . . . . . Thursday, March 14, 2002

termination of enrollees who have provided false information; 7) an annual report to the General Assembly regarding the implementation of the above measures. In addition, the department must develop, publish and implement a plan for improving the eligibility determination process by October 30, 2002. The plan must address: a) auditing and testing measures that are statistically valid. b) recommendations for streamlining the eligibility process; c) automation for efficiency and cost-savings; d) on-line cross checks with IRS, SSA and state wage databases; e) verification of employer sponsored insurance; f) termination of eligibility of employee who fail to provide complete and truthful information; g) annual reporting to the General Assembly of applicants, enrollment, utilization, and the statistically valid auditing of the determination program.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. QUINN explained the amendment.

Rep. QUINN spoke in favor of the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. JENNINGS spoke in favor of the amendment.
The amendment was then adopted.

Rep. LOURIE proposed the following Amendment No. 143 (Doc Name h-wm\002\dhhsfranchise2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 410, paragraph 40, line 9, after "non-profit" by inserting:
/ and non-medicaid /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LOURIE explained the amendment.
The amendment was then adopted.

Section 8, as amended, was adopted.

SECTION 9--AMENDED AND ADOPTED

Rep. QUINN proposed the following Amendment No. 107 (Doc Name h-wm\002\9.50 hlth disparities.doc), which was adopted:


Printed Page 1727 . . . . . Thursday, March 14, 2002

Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 416, paragraph 41, line 8, by striking /The Plan should/ and inserting /The Plan will/
Amend the bill further, as and if amended, page 416, paragraph 41, line 11, by striking /DHEC will ensure the coordination of/ and inserting /DHEC will provide leadership in the coordination of/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. QUINN explained the amendment.
The amendment was then adopted.

Rep. RICE proposed the following Amendment No. 110 (Doc Name h-wm\002\haz jt com.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 417, after line 4, by adding an appropriately numbered paragraph to read:
/(DHEC: Joint Committee on Hazardous and Solid Waste) There is established the Joint Committee on Hazardous and Solid Waste composed of seven members: three appointed by the Chairman of the Senate Finance Committee from the membership of the Senate, three appointed by the Chairman of the House Ways and Means Committee from the membership of the House, and the Commissioner of the Department of Health and Environmental Control or his designee.

The committee must examine the following programs: 1) Waste Tire; 2) Waste Oil, and 3) Solid Waste. The committee must: 1) make a detailed and careful study of state and federal laws regarding these programs; 2) compare the State's laws in this area with other states; 3) evaluate the efficiency and effectiveness of these programs in meeting their stated goals; 4) recommend improvements to the laws and the operation of the programs; and 5) make recommendations regarding alternative methods of funding these programs and/or the sunset of these laws.

The committee may: 1) hold public hearings; 2) receive testimony of any employees of the State or any other witnesses who may assist the committee in its duties; and 3) call for assistance in the performance of its duties from any employees or agencies of the State or any of its political subdivisions. The committee may adopt by majority vote rules not inconsistent with this chapter that it considers


Printed Page 1728 . . . . . Thursday, March 14, 2002

proper with respect to matters relating to the discharge of its duties under this proviso. Professional and clerical services for the committee must be made available from the staffs of the General Assembly, the Budget and Control Board, the Department of Health and Environmental Control, and other state agencies and institutions. Expenses of the study committee may be paid from appropriated funds of the House of Representatives upon approval of the Speaker of the House and from appropriated funds of the Senate upon approval of the President Pro Tempore of the Senate. The committee must make reports and recommendations to the General Assembly and the Governor before the beginning of the 2003 Legislative Session./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RICE explained the amendment.
The amendment was then adopted.

Section 9, as amended, was adopted.

SECTION 10--AMENDED AND ADOPTED

Rep. QUINN proposed the following Amendment No. 114 (Doc Name h-wm\002\alzheimers.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 418, paragraph 9, line 25, by inserting at the end:
/For the current fiscal year, the department must provide funding for alzheimers programs in an amount not less than in the prior fiscal year./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. QUINN explained the amendment.
The amendment was then adopted.

Section 10, as amended, was adopted.

SECTION 13--AMENDED AND DEBATE ADJOURNED

Rep. HUGGINS proposed the following Amendment No. 103 (Doc Name h-wm\002\ccrs proviso.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 423, paragraph 26,


Printed Page 1729 . . . . . Thursday, March 14, 2002

lines 33-34, by striking:/ Case Resolution System, 3)/ and by striking: / 4)/ and inserting / 3) /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HUGGINS explained the amendment.
The amendment was then adopted.

Rep. J. E. SMITH moved to adjourn debate on the Section, which was agreed to.

SECTION 14--AMENDED AND ADOPTED

Reps. QUINN and RICE proposed the following Amendment No. 111 (Doc Name h-wm\002\restore blind.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 14, COMMISSION FOR THE BLIND, page 424, paragraph 1, lines 29-31, by reinserting /14.1. (BLIND: Matching Federal Funds) For the current fiscal year the amount appropriated in this section under Program II for Rehabilitative Services is conditioned upon matching by federal funds to the maximum amount available under the Federal Vocational Rehabilitation Program./
Amend the bill further, as and if amended, page 424, paragraph 2, lines 32-34, by reinserting and amending the proviso to read /14.2. (BLIND: Horticulture Braille Production and Telecommunications Revenue) Revenues derived from the production of horticulture products, Braille and packaging/assembly of manufacturing goods provision of services by clients of the Adult Adjustment and Training Center may be retained by the commission and used in the facility for client payments and other production costs./
Amend the bill further, as and if amended, page 425, paragraph 4, lines 4-5, by reinserting /14.4. (BLIND: Use of Funds) The Commission for the Blind is authorized to use unrestricted funds donated to the agency and any surplus state appropriations, to clear old negative grant balances that have been reflected in its accounts prior to 1991./
Amend the bill further, as and if amended, page 425, paragraph 5, lines 6-8, by reinserting /14.5. (BLIND: USC -Spartanburg Visual Impairment Master of Education Program) Of the funds appropriated to the South Carolina Commission for the Blind, $50,000 shall be used to fund the Master of Education Program In Visual Impairment at the University of South Carolina- Spartanburg./


Printed Page 1730 . . . . . Thursday, March 14, 2002

Renumber sections to conform.
Amend totals and titles to conform.

Rep. RICE explained the amendment.
The amendment was then adopted.

Rep. RICE proposed the following Amendment No. 105 (Doc Name h-wm\002\blind client svcs.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 14, COMMISSION FOR THE BLIND, page 425, after line 8, by adding an appropriately numbered paragraph to read:
/(BLIND: Client Services) The Commission for the Blind and the Vocational Rehabilitation Department are directed to work together to identify opportunities to better coordinate and refer eligible clients for services available from either agency. The two agencies shall jointly submit a report to the Chairmen of the House Ways and Means Committee and the Senate Finance Committee by December 2002 on the progress of the two agencies in improving client access to all services for which they are eligible./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RICE explained the amendment.
The amendment was then adopted.

Section 14, as amended, was adopted.

SECTION 21--AMENDED AND ADOPTED

Reps. HAYES and LITTLEJOHN proposed the following Amendment No. 221 (Doc Name h-wm\004\trees.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 21, FORESTRY COMMISSION, page 428, after line 36, by adding an appropriately numbered paragraph to read:
/(FC: Retention of Revenue) In Fiscal Year 02-03, all funds generated from the sale of forest products, land rentals, and other privileges on State Forestry Commission lands shall be retained by the commission, up to the amount of the agency's General Fund reduction./
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1731 . . . . . Thursday, March 14, 2002

Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.

Section 21, as amended, was adopted.

SECTION 22--AMENDED AND ADOPTED

Rep. COATES proposed the following Amendment No. 15 (Doc Name h-wm\004\agcommish$.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 22, DEPT. OF AGRICULTURE, page 430, after line 9, by adding an appropriately numbered paragraph to read: /(AGRI: Commissioners' Funding) In the event the department receives a General Fund reduction, the department must continue to fully fund per diem and subsistance payments to commissioners as provided by law, unless an individual commissioner opts to voluntarily waive those payments./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COATES explained the amendment.
The amendment was then adopted.

Rep. KOON proposed the following Amendment No. 91 (Doc Name h-wm\004\koon-Usdagrant.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 22, DEPARTMENT OF AGRICULTURE, page 430, after line 9, by adding an appropriately numbered paragraph to read:
/ 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. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KOON explained the amendment.
The amendment was then adopted.

Section 22, as amended, was adopted.


Printed Page 1732 . . . . . Thursday, March 14, 2002

SECTION 24--AMENDED AND ADOPTED

Rep. KNOTTS proposed the following Amendment No. 134 (Doc Name council\ggs\amend\22410mm02.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 432, after line 28, by adding an appropriately numbered paragraph to read:
/ 24___   (Water Recreation Fund and County Game and Fish Fund)     Funds collected during fiscal year 2002-2003 by the Department of Natural Resources for the Water Recreation Fund and for that portion of the county game and fish fund derived from licenses and fees must be retained by the department and used for the stated purposes of the respective funds, and may not be used by the department to offset base-budget reductions for fiscal year 2002-2003. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KNOTTS explained the amendment.
The amendment was then adopted.

Section 24, as amended, was adopted.

SECTION 26--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 236 (Doc Name h-wm\003\26.6 report.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 433, paragraph 6, line 24, by inserting at the end:
/The Myrtle Beach Chamber of Commerce and the Georgetown Chamber of Commerce shall submit a report to the Senate Finance Committee and the House Ways and Means Committee by December 1st each year describing how these funds were expended in the prior fiscal year./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KIRSH explained the amendment.
The amendment was then adopted.

Rep. LIMEHOUSE proposed the following Amendment No. 283 (Doc Name council\swb\amend\5225htc02.doc), which was adopted:


Printed Page 1733 . . . . . Thursday, March 14, 2002

Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 433, by adding an appropriately numbered paragraph at the end to read:
/26.__(PRT: Hunley Lab Security) Funds appropriated pursuant to Part IB, Paragraph 72.111, Act 66 of 2001, the general appropriation act for fiscal year 2001-2002, to the Department of Parks, Recreation and Tourism for Hunley Lab HVAC may also be expended for lab security as the department determines appropriate. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.

Section 26, as amended, was adopted.

SECTION 27--ADOPTED

Rep. COBB-HUNTER proposed the following Amendment No. 257 (Doc Name h-wm\004\27-cdc 3m.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 437, after line 2, by adding an appropriately numbered paragraph to read:
/(CMRC: CDC Funding) Notwithstanding any other provision of law, from the amount set aside pursuant to Section 12-28-2910 of the 1976 Code, the Coordinating Council must appropriate $3, 000,000 in FY 02-03 to The Rural & Community Development Division of the Dept. of Commerce for use in the Community Development Corporations program. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. KOON moved to table the amendment, which was agreed to.

Rep. FLEMING proposed the following Amendment No. 286 (Doc Name council\ggs\amend\22420cm02.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 437, after line 2, by adding an appropriately numbered paragraph to read:


Printed Page 1734 . . . . . Thursday, March 14, 2002

/ 27.____   (CMRC: Special Olympics)   From the revenues appropriated to the Department of Commerce, fifty thousand dollars must be distributed to the South Carolina Special Olympics. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. FLEMING explained the amendment.

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Amendment No. 286 was out of order under Rule 5.4 in that it provided an appropriation to pay a private entity.
SPEAKER WILKINS cited a similar Point of Order raised in 1999 which was sustained. He therefore sustained the Point of Order and ruled the amendment out of order.

Section 27 was adopted.

SECTION 30--AMENDED AND ADOPTED

Reps. JENNINGS, LUCAS, CARNELL, MCGEE, SINCLAIR, WEEKS, J. YOUNG, SHEHEEN, HARRISON, MCLEOD, COLEMAN, ALLEN, F.N. SMITH, FLEMING, TALLEY, SIMRILL, G.M. SMITH, COTTY AND WHIPPER proposed the following Amendment No. 199 (Doc Name council\BBM\amend\ 10913htc02.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 30, B04, Judicial Department, page 437, by inserting a new paragraph appropriately numbered to read:
/30.__.     (JUD: Fee for Motions Made in Court of Common Pleas.) There is assessed for every motion made in the court of common pleas a fee of twenty-five dollars. The fee must accompany each motion filed. The revenue from this fee must be collected by the clerk of court in each court and remitted to the State Treasurer and credited to a separate Judicial Department Support Fund for the exclusive use of the Judicial Department in the following manner:

(1)   The first three hundred thousand dollars must be used to fund the alternative dispute resolution pilot program.

(2)   The next $59,000 must be used for retired judges to help with the Judicial Department caseload.

(3)   Any funds remaining after the expenditure in item (2) of this paragraph must be used to restore reimbursement travel allowance for


Printed Page 1735 . . . . . Thursday, March 14, 2002

circuit judges so as to adhere to the constitutional requirement of the rotation of these judges provided in Article V, Section 14 of the Constitution of South Carolina, 1895.

(4)   Any funds remaining after the expenditure in item (3) of this paragraph must be used to fund the technology initiatives program.

The court may waive the filing fee imposed by this paragraph upon a proper showing of indigency./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. JENNINGS explained the amendment.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 199 was out of order under Rule 5.3B in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

Rep. F. N. SMITH spoke in favor of the amendment.
The amendment was then adopted.

Section 30, as amended, was adopted.

SECTION 32

Section 32 was adopted.

SECTION 33--AMENDED AND ADOPTED

Rep. W. D. SMITH proposed the following Amendment No. 233 (Doc Name council\ggs\amend\22409cm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 33, PROSECUTION COORDINATION COMMISSION, page 440, paragraph 33.7, by striking lines 15 through 20, and inserting / (PCC: Worthless Check Unit) A Circuit Solicitor may establish, under his direction and control and with the agreement of the county governing body, a Worthless Check Unit for the purpose of processing worthless checks and to assist without cost or fees to the victims of these cases in the collection of restitution.

The Prosecution Coordination Commission shall approve a fee schedule, recommended by the 16 Circuit Solicitors, which must be implemented if a Circuit Solicitor establishes a Worthless Check Unit as permitted herein. The allowable administrative costs contained in Section 34-11-70(b) or (c) must be added to the fee.


Printed Page 1736 . . . . . Thursday, March 14, 2002

All fees, other than court costs and the allowable administrative costs contained in Section 34-11-70(b) or (c) which must be remitted to the treasurer for deposit in the county general fund, collected by the Worthless Check Unit in accordance with the fee schedule promulgated under /
Amend title to conform.

Rep. W. D. SMITH explained the amendment.

Rep. KIRSH spoke against the amendment.
Rep. F. N. SMITH spoke against the amendment.
Rep. W. D. SMITH spoke in favor of the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. KNOTTS spoke against the amendment.

SPEAKER IN CHAIR

Rep. LIMEHOUSE spoke in favor of the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.

Rep. F. N. SMITH moved to table the amendment.

Rep. TROTTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 70; Nays 30

Those who voted in the affirmative are:

Allen                  Bales                  Barfield
Breeland               Brown, G.              Brown, J.
Brown, R.              Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Edge
Emory                  Freeman                Frye
Gourdine               Hamilton               Harvin
Hayes                  Hines, J.              Hines, M.

Printed Page 1737 . . . . . Thursday, March 14, 2002

Hosey                  Kirsh                  Knotts
Koon                   Leach                  Lee
Lloyd                  Loftis                 Lucas
Mack                   McCraw                 McLeod
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Ott                    Parks
Perry                  Phillips               Rice
Rivers                 Scarborough            Sheheen
Smith, D.C.            Smith, F.N.            Smith, G.M.
Smith, J.E.            Stille                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Webb
Weeks                  Whipper                White
Wilder                 Witherspoon            Young, A.
Young, J.

Total--70

Those who voted in the negative are:

Allison                Barrett                Bingham
Campsen                Fleming                Gilham
Harrell                Harrison               Haskins
Hinson                 Huggins                Keegan
Kelley                 Law                    Limehouse
Littlejohn             Lourie                 Martin
McGee                  Meacham-Richardson     Merrill
Riser                  Simrill                Sinclair
Smith, J.R.            Smith, W.D.            Stuart
Talley                 Walker                 Wilkins

Total--30

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 237 (Doc Name h-wm\003\33.7 worthless check unit.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 33, PROSECUTION COORDINATION COMMISSION, page 440, paragraph 7, lines 15-32, by striking:/ 33.7. (PCC: Worthless Check Unit) A Circuit Solicitor may establish, under his direction and control, a Worthless Check Unit for the purpose of processing


Printed Page 1738 . . . . . Thursday, March 14, 2002

worthless checks and to assist without cost or fees to the victims of these cases the collection of restitution.

The Prosecution Coordination Commission shall approve a fee schedule recommended by the 16 Circuit Solicitors, which must be implemented if a Circuit Solicitor establishes a Worthless Check Unit as permitted herein.

All fees, other than court costs, collected by the Worthless Check Unit in accordance with the fee schedule promulgated under this proviso must be deposited into a fund known as the Worthless Check Fund maintained by the county treasurers of the counties comprising the circuit. All funds collected and deposited in this fund shall be applied first to defray the costs of operation of the Worthless Check Unit with the balance thereof to be used by the solicitor to pay normal operating expenses of his office. Withdrawals from this account shall be made only at the request of the solicitor. The funds generated pursuant to this proviso must not be used to reduce the amount budgeted by the county to the solicitor's office.

The solicitor shall further maintain an account for the purpose of collection and disbursement of restitution of all funds collected for the benefit of the victims of the worthless check. The Worthless Check Unit shall disburse to the victim all restitution collected in connection with the original complaint filed. If the victim cannot be located after a reasonable time and upon diligent efforts to locate him, the restitution due the victim must be transferred to the general fund of the county.

The Prosecution Coordination Commission shall provide a report by February 1st to the Senate Finance Committee and the House Ways and Means Committee listing which solicitor's Offices established a Worthless Check Unit, the amount of funds generated by the fee and how the funds were expended in each office./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KIRSH explained the amendment.

Rep. LIMEHOUSE spoke against the amendment.
The amendment was then rejected.

AMENDMENT NO. 237--RECONSIDERED AND ADOPTED

Rep. F. N. SMITH moved to reconsider the vote whereby Amendment No. 237 was rejected.


Printed Page 1739 . . . . . Thursday, March 14, 2002

Rep. WHIPPER moved to table the motion to reconsider.

Rep. SHEHEEN demanded the yeas and nays which were taken, resulting as follows:

Yeas 3; Nays 89

Those who voted in the affirmative are:

Bales                  Bowers                 McGee

Total--3

Those who voted in the negative are:

Allen                  Barfield               Barrett
Bingham                Brown, G.              Brown, J.
Brown, R.              Campsen                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Freeman
Frye                   Gourdine               Govan
Hamilton               Harrell                Harrison
Harvin                 Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Huggins                Jennings               Keegan
Kelley                 Kirsh                  Knotts
Law                    Leach                  Lee
Limehouse              Lloyd                  Loftis
Lourie                 Lucas                  Mack
Martin                 McCraw                 McLeod
Meacham-Richardson     Merrill                Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Owens                  Parks                  Perry
Phillips               Riser                  Rivers
Sandifer               Scarborough            Scott
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, F.N.
Smith, G.M.            Smith, J.R.            Stille
Stuart                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Webb                   Weeks

Printed Page 1740 . . . . . Thursday, March 14, 2002

Whipper                White                  Wilder
Young, A.              Young, J.

Total--89

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 237 (Doc Name h-wm\003\33.7 worthless check unit.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 33, PROSECUTION COORDINATION COMMISSION, page 440, paragraph 7, lines 15-32, by striking:/ 33.7. (PCC: Worthless Check Unit) A Circuit Solicitor may establish, under his direction and control, a Worthless Check Unit for the purpose of processing worthless checks and to assist without cost or fees to the victims of these cases the collection of restitution.

The Prosecution Coordination Commission shall approve a fee schedule recommended by the 16 Circuit Solicitors, which must be implemented if a Circuit Solicitor establishes a Worthless Check Unit as permitted herein.

All fees, other than court costs, collected by the Worthless Check Unit in accordance with the fee schedule promulgated under this proviso must be deposited into a fund known as the Worthless Check Fund maintained by the county treasurers of the counties comprising the circuit. All funds collected and deposited in this fund shall be applied first to defray the costs of operation of the Worthless Check Unit with the balance thereof to be used by the solicitor to pay normal operating expenses of his office. Withdrawals from this account shall be made only at the request of the solicitor. The funds generated pursuant to this proviso must not be used to reduce the amount budgeted by the county to the solicitor's office.

The solicitor shall further maintain an account for the purpose of collection and disbursement of restitution of all funds collected for the benefit of the victims of the worthless check. The Worthless Check Unit shall disburse to the victim all restitution collected in connection with the original complaint filed. If the victim cannot be located after a reasonable time and upon diligent efforts to locate him, the restitution due the victim must be transferred to the general fund of the county.


Printed Page 1741 . . . . . Thursday, March 14, 2002

The Prosecution Coordination Commission shall provide a report by February 1st to the Senate Finance Committee and the House Ways and Means Committee listing which solicitor's offices established a Worthless Check Unit, the amount of funds generated by the fee and how the funds were expended in each office./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LIMEHOUSE explained the amendment.

Rep. F. N. SMITH spoke in favor of the amendment.
The amendment was then adopted.

Section 33, as amended, was adopted.

SECTION 35--ADOPTED

Rep. KIRSH proposed the following Amendment No. 238 (Doc Name h-wm\003\35.11 assessments.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 35, COMMISSION ON INDIGENT DEFENSE, page 443, paragraph 11, lines 29-36, and page 444, lines 1-11, by striking:/ 35.11. (INDEF: Assessments Increase) Notwithstanding any other provision of law and in addition to the appropriations provided in Part IA of this Act for the Commission on Indigent Defense, the assessment paid pursuant to Sections 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 seven and one-half percent of the fine imposed as an assessment must be credited to the account of the Commission on Indigent Defense and used for the defense of indigents. 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 Sections 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.

Prior to disbursing the additional seven and one-half percent to the account of the Commission on Indigent Defense, the treasurer shall transfer to those agencies from this source a sufficient amount of funds to raise their share of this assessment to the same level they received for the same fiscal month of the previous year, if necessary. If the agency has received the same amount of money or more money for that


Printed Page 1742 . . . . . Thursday, March 14, 2002

fiscal month, then the entire sum generated from this seven and one- half percent increase shall be transferred to the account of the Commission on Indigent Defense.

Of the amounts generated from this increase of seven and one-half percent, the commission shall apportion the funds received monthly at the rate of 33 1/3 percent to the civil fund, 33 1/3 percent divided among those other programs which were reduced in amounts up to the maximum approved in the 2000-01 fiscal year for all these funds. Included in this disbursement to the civil fund, the commission may transfer into the operating budget of the Office of Indigent Defense sufficient funds to provide for the operating expenses of this program. Once this disbursement has occurred and the fund limits are reached, the commission shall then disburse the remainder of the funds to the local defender corporations./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KIRSH explained the amendment.

Rep. LIMEHOUSE spoke against the amendment.

Rep. LOURIE moved to table the amendment.

Rep. KIRSH demanded the yeas and nays which were taken, resulting as follows:

Yeas 81; Nays 14

Those who voted in the affirmative are:

Allen                  Allison                Barrett
Bingham                Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Campsen                Cato                   Chellis
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Delleney
Easterday              Emory                  Freeman
Frye                   Gourdine               Hamilton
Harrell                Harrison               Harvin
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kelley                 Knotts

Printed Page 1743 . . . . . Thursday, March 14, 2002

Koon                   Law                    Leach
Lee                    Limehouse              Lloyd
Lourie                 Lucas                  Mack
McCraw                 McGee                  Merrill
Moody-Lawrence         Neal, J.M.             Neilson
Owens                  Parks                  Perry
Riser                  Rivers                 Rodgers
Sandifer               Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Stuart                 Talley
Thompson               Townsend               Tripp
Walker                 Webb                   Weeks
Whipper                Young, A.              Young, J.

Total--81

Those who voted in the negative are:

Bales                  Davenport              Edge
Kirsh                  Littlejohn             Loftis
Meacham-Richardson     Miller                 Phillips
Scarborough            Stille                 White
Wilder                 Witherspoon

Total--14

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 240 (Doc Name h-wm\003\35.10 applicationfee.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 35, COMMISSION ON INDIGENT DEFENSE, page 443, paragraph 10, lines 27-28, by striking:/ 35.10.(INDEF: Application Fee for Appointment of Counsel) For the current fiscal year, the application fee for public defender services payable under Section 17-3-30(B) is increased to forty ($40) dollars./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KIRSH explained the amendment.


Printed Page 1744 . . . . . Thursday, March 14, 2002

Rep. LIMEHOUSE moved to table the amendment, which was agreed to.

Section 35 was adopted.

SECTION 36--AMENDED AND ADOPTED

Rep. MEACHAM-RICHARDSON proposed the following Amendment No. 90 (Doc Name h-wm\009\specevent.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 444, paragraph 1, line 15, by striking /must not / and inserting /may/
Amend the bill further, as and if amended, page 444, paragraph 1, line 15, by striking /any fee/ and inserting /fees/
Amend the bill further, as and if amended, page 444, paragraph 1, line 16, by striking /unless approved by the General Assembly/ and inserting /The funds generated are to be retained and carried forward by the highway patrol to offset the cost of providing these services./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MEACHAM-RICHARDSON explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. MEACHAM-RICHARDSON continued speaking.

Rep. A. YOUNG moved to table the amendment.

Rep. MEACHAM-RICHARDSON demanded the yeas and nays which were taken, resulting as follows:

Yeas 82; Nays 15

Those who voted in the affirmative are:

Allen                  Altman                 Bales
Barfield               Barrett                Bingham
Bowers                 Brown, G.              Brown, J.
Campsen                Carnell                Cato
Chellis                Clyburn                Coleman
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Edge

Printed Page 1745 . . . . . Thursday, March 14, 2002

Emory                  Fleming                Freeman
Govan                  Hamilton               Harrell
Harrison               Harvin                 Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kelley
Knotts                 Koon                   Law
Leach                  Limehouse              Lloyd
Lourie                 Lucas                  McCraw
McGee                  McLeod                 Merrill
Miller                 Neal, J.M.             Neilson
Ott                    Owens                  Phillips
Quinn                  Rice                   Riser
Sandifer               Scarborough            Scott
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, F.N.
Smith, J.E.            Smith, J.R.            Talley
Taylor                 Townsend               Vaughn
Walker                 Webb                   Weeks
White                  Witherspoon            Young, A.
Young, J.

Total--82

Those who voted in the negative are:

Davenport              Frye                   Gilham
Gourdine               Haskins                Kirsh
Littlejohn             Martin                 Meacham-Richardson
Rivers                 Rodgers                Stille
Stuart                 Thompson               Trotter

Total--15

So, the amendment was tabled.

Reps. MEACHAM-RICHARDSON and KIRSH proposed the following Amendment No. 211 (Doc Name h-wm\009\ privevents.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 444, paragraph 1, line 15, by striking /The highway patrol must not charge any fee associated


Printed Page 1746 . . . . . Thursday, March 14, 2002

with special events for maintaining traffic control and ensuring safety on south carolina public roads and highways unless approved by the General Assembly./ and inserting /the highway patrol may charge fees for maintaining traffic control and ensuring safety on South Carolina public roads and highways at privately sponsored special events to offset the cost of providing these services. However, such fees may not be charged to public institutions./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MEACHAM-RICHARDSON explained the amendment.

Rep. A. YOUNG moved to table the amendment, which was agreed to.

Reps. MEACHAM-RICHARDSON and KIRSH proposed the following Amendment No. 212 (Doc Name h-wm\009\sportevent.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 444, paragraph 1, line 15, by striking /The highway patrol must not charge any fee associated with special events for maintaining traffic control and ensuring safety on south carolina public roads and highways unless approved by the General Assembly./ and inserting /the highway patrol may charge fees for maintaining traffic control and ensuring safety on South Carolina public roads and highways at privately sponsored athletic and sporting events to offset the cost of providing these services. However, such fees may not be charged for providing these services at festivals, fairs, parades or to any public institutions./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MEACHAM-RICHARDSON explained the amendment.

Rep. A. YOUNG moved to table the amendment, which was agreed to.

Rep. STUART proposed the following Amendment No. 174 (Doc Name h-wm\009\taglimit.doc), which was tabled:


Printed Page 1747 . . . . . Thursday, March 14, 2002

Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 447, paragraph , line 10, by inserting:
/If the department receives less than fifty biennial applications and renewals for a particular special license plate within one year of the first issuance of the special license plate, the department may require that any subsequent applications for special license plates in that series be applied for by mail or electronically. If the department receives less than three hundred biennial applications and renewals for a particular special license plate within four years of issuance of that special license plate, the department shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.

Should the department not collect the minimum required amount of four thousand dollars in license plate fees for a special license plate, the department is directed to retain the four thousand dollars placed on deposit by the individual or organization seeking issuance of the special license plate for the general operations of the division of motor vehicles. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. STUART explained the amendment.

Rep. A. YOUNG spoke against the amendment.

Rep. A. YOUNG moved to table the amendment.

The amendment was then tabled by a division vote of 34 to 21.

Rep. COBB-HUNTER proposed the following Amendment No. 27 (Doc Name h-wm\009\stpstudy.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 447, paragraph , line 10, by inserting:
/From the funds appropriated and/or authorized to the Department of Public Safety, the department is directed to establish a Motor Carrier Advisory Committee to solicit input from the trucking industry and other interested parties in developing policies and procedures for the regulation of this industry./


Printed Page 1748 . . . . . Thursday, March 14, 2002

Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.

SPEAKER IN CHAIR

Rep. STUART proposed the following Amendment No. 28 (Doc Name h-wm\009\titlefee.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 447, after line 10, by adding an appropriately numbered paragraph to read:
/(dps: title fee) The Department of Public Safety is directed to charge thirty dollars for the issuance of a certificate of title; the transfer of a certificate of title; or the issuance of a duplicate certificate of title.
Five dollars of each fee collected must be credited to the general fund of the state and twenty-five dollars must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses of the division of motor vehicles./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. STUART explained the amendment.

Rep. SIMRILL spoke against the amendment.
Rep. RODGERS spoke in favor of the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. RODGERS continued speaking.
Rep. HAMILTON spoke in favor of the amendment.
Rep. J. BROWN spoke against the amendment.

Rep. A. YOUNG moved to table the amendment.

The amendment was then tabled by a division vote of 48 to 9.

Reps. KNOTTS, WHATLEY, MEACHAM-RICHARDSON and G.M. SMITH proposed the following Amendment No. 320 (Doc Name council\bbm\amend\10916htc02.doc), which was ruled out of order:


Printed Page 1749 . . . . . Thursday, March 14, 2002

Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 447, by adding an appropriately numbered paragraph at the end to read:
/ 36. . (DPS: Stay in School) Notwithstanding any provision of law, the department shall not issue a driver's license or a learner's permit to a person under the age of eighteen years who is not enrolled in school or who has not graduated from high school. Notwithstanding any other provision of law, the department shall suspend the learner's permit or driver's license of a person under the age of eighteen years who leaves school before graduation. This suspension remains in effect until the person's eighteenth birthday. The department may require that documentation it determines necessary to enforce the provision of this paragraph. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KNOTTS explained the amendment.

POINT OF ORDER

Rep. TOWNSEND raised the Point of Order that Amendment No. 320 was out of order under Rule 5.3B in that it was not germane to the Bill.
ACTING SPEAKER CATO sustained the Point of Order and ruled the amendment out of order.

Section 36, as amended, was adopted.

SPEAKER IN CHAIR

SECTION 39--ADOPTED

POINT OF ORDER

Rep. HARRISON raised the Point of Order that Paragraph 39.13 was out of order under Rule 5.3B in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ordered Paragraph 39.13 to be stricken from the Bill.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that Paragraph 39.11 was out of order under Rule 5.3B in that it was not germane to the Bill.


Printed Page 1750 . . . . . Thursday, March 14, 2002

SPEAKER WILKINS sustained the Point of Order and ordered Paragraph 39.11 to be stricken from the Bill.

Section 39 was adopted.

SECTION 43--AMENDED AND ADOPTED

Reps. CATO and A. YOUNG proposed the following Amendment No. 92 (Doc Name h-wm\009\filingfee.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 43, WORKERS' COMPENSATION COMMISSION, page 455, paragraph 3, line 8, by striking:/the Workers Compensation Commission is authorized to charge a $25.00 filing fee for each requested hearing and retain and expend all revenues received as a result of this fee./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. CATO explained the amendment.
The amendment was then adopted.

Section 43, as amended, was adopted.

SECTION 50--AMENDED AND ADOPTED

Rep. FLEMING proposed the following Amendment No. 124 (Doc Name h-wm\009\llr del pos.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 50, DEPARTMENT OF LABOR, LICENSING AND REGULATION, page 457, after line 8, by adding an appropriately numbered paragraph to read:
/(LLR: Delete Position) Effective July 1, 2002, the department is directed to delete one Program Manager I fte position from the Labor Services program./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. FLEMING explained the amendment.

Rep. LOURIE moved to table the amendment.

The amendment was then tabled by a division vote of 50 to 15.


Printed Page 1751 . . . . . Thursday, March 14, 2002

Rep. QUINN proposed the following Amendment No. 272 (Doc Name h-wm\009\license.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 50, DEPARTMENT OF LABOR, LICENSING AND REGULATION, page 457, after line 8, by adding an appropriately numbered paragraph to read:
/from the funds authorized for professional and occupational licenses the Department of Labor, Licensing and Regulation may administer a special examination and utilize an individual evaluation of credentials to accommodate the disability of an applicant for licensure of a massage therapist.

An individual licensed under the provisions of this proviso will be issued a provisional license. If at the end of one year, no complaints have been received by the department or the massage therapy disciplinary panel concerning the practice of the licensee and satisfactory evidence of mandatory continuing education./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. QUINN explained the amendment.
The amendment was then adopted.

Rep. BATTLE proposed the following Amendment No. 319 (Doc Name council\nbd\amend\11412ac02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 50, DEPARTMENT OF LABOR, LICENSING AND REGULATION, page 457, immediately after line 8, by inserting an appropriately numbered paragraph to read:
/50.__   The Budget and Control Board shall reduce the budgets of various state agencies by $368,128 and this sum must be transferred to the Department of Labor, Licensing and Regulation to be expended for agency operations.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. JENNINGS explained the amendment.

Rep. A. YOUNG spoke against the amendment.

Rep. A. YOUNG moved to table the amendment.


Printed Page 1752 . . . . . Thursday, March 14, 2002

Rep. PHILLIPS demanded the yeas and nays which were taken, resulting as follows:

Yeas 56; Nays 45

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Coates
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Fleming
Frye                   Gilham                 Harrell
Harrison               Hinson                 Huggins
Keegan                 Kelley                 Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Martin
McGee                  Meacham-Richardson     Merrill
Owens                  Perry                  Quinn
Rice                   Riser                  Sandifer
Scarborough            Sharpe                 Sinclair
Smith, D.C.            Smith, J.R.            Talley
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   White                  Wilkins
Witherspoon            Young, A.

Total--56

Those who voted in the negative are:

Allen                  Bowers                 Breeland
Brown, J.              Brown, R.              Carnell
Clyburn                Cobb-Hunter            Coleman
Davenport              Edge                   Emory
Freeman                Govan                  Harvin
Haskins                Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Jennings               Kirsh                  Knotts
Lee                    Lloyd                  Lourie
Mack                   McCraw                 McLeod
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Phillips               Rivers
Scott                  Sheheen                Smith, F.N.

Printed Page 1753 . . . . . Thursday, March 14, 2002

Smith, J.E.            Stille                 Stuart
Thompson               Whipper                Wilder

Total--45

So, the amendment was tabled.

Section 50, as amended, was adopted.

SECTION 51--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 239 (Doc Name h-wm\003\51.6 fees for svcs.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 51, EMPLOYMENT SECURITY COMMISSION, page 457, paragraph 6, lines 27-28, by striking /The commission shall have the authority to administer employment skills and aptitude tests and charge a fee for this service./
and inserting /The commission shall have the authority to administer employment skills and aptitude tests and to charge a fee to companies that request this service./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KIRSH explained the amendment.
The amendment was then adopted.

Section 51, as amended, was adopted.

SECTION 53C--ADOPTED

Rep. KELLEY proposed the following Amendment No. 278 (Doc Name h-wm\001\port5m.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 53C, PORTS AUTHORITY, page 460, paragraph 1, lines 9-11, by striking:
/53C.1.   (SPA: Charleston Cooper River Bridge Project) During FY 2001-2002 2002-03, the State Ports Authority shall, from other general fund or operating fund surplus available and any funds appropriated to the authority in prior fiscal years and left unexpended as of July 1, 2001 2002, pay five million dollars to continue the Charleston Cooper River Bridge Project./
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1754 . . . . . Thursday, March 14, 2002

Rep. KELLEY explained the amendment.

Rep. MERRILL moved to table the amendment.

Rep. MERRILL demanded the yeas and nays which were taken, resulting as follows:

Yeas 55; Nays 39

Those who voted in the affirmative are:

Allen                  Allison                Altman
Bales                  Barrett                Campsen
Cato                   Cobb-Hunter            Coleman
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Freeman                Gilham
Gourdine               Hamilton               Harrell
Harrison               Haskins                Hinson
Huggins                Knotts                 Law
Leach                  Lee                    Limehouse
Martin                 McCraw                 McLeod
Merrill                Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Phillips
Quinn                  Rice                   Rivers
Scott                  Sinclair               Smith, W.D.
Stille                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Wilder                 Wilkins
Witherspoon

Total--55

Those who voted in the negative are:

Barfield               Bingham                Breeland
Brown, G.              Brown, R.              Carnell
Chellis                Clyburn                Cooper
Fleming                Frye                   Harvin
Hayes                  Hines, M.              Hosey
Jennings               Keegan                 Kelley
Koon                   Littlejohn             Lourie
Mack                   Meacham-Richardson     Owens
Perry                  Riser                  Sandifer

Printed Page 1755 . . . . . Thursday, March 14, 2002

Scarborough            Sharpe                 Smith, D.C.
Smith, J.E.            Smith, J.R.            Stuart
Talley                 Thompson               Webb
Whipper                White                  Young, A.

Total--39

So, the amendment was tabled.

Section 53C was adopted.

SECTION 54--AMENDED AND ADOPTED

Rep. KELLEY proposed the following Amendment No. 76 (Doc Name h-wm\006\54.1 designations. doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 54 LEGISLATIVE DEPARTMENT, page 460, paragraph 1, line 21, by inserting at the end: /The House of Representatives shall maintain an internal record denoting permanent, temporary, interim, part-time temporary, and permanent part-time employees./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KELLEY explained the amendment.
The amendment was then adopted.

Section 54, as amended, was adopted.

SECTION 55--AMENDED AND ADOPTED

Rep. LIMEHOUSE proposed the following Amendment No. 34 (Doc Name h-wm\005\add filing fee .doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 55, ADMINISTRATIVE LAW JUDGES, page 467, paragraph 2, line 5-12, by striking the proviso in its entirety. and adding:/Each request for a contested case hearing, notice of appeal, or request for injunctive relief before the division must be accompanied by a filing fee equal to that charged in circuit court for filing a summons and complaint. This fee must be retained by the division in order to help defray the costs of the proceedings. The filing fee for administrative appeals by inmates from final decisions of the Department of Corrections shall be $25.00. If an inmate filing an appeal in such a matter has been declared indigent by a court of competent jurisdiction and provides proof of the


Printed Page 1756 . . . . . Thursday, March 14, 2002

declaration at the time of filing, the fee will automatically be waived. No filing fee shall be required in administrative appeals by inmates from final decisions of the Department of Corrections, the Department of Juvenile Justice, or the Department of Probation, Parole and Pardon Services, or in matters involving fundamental rights filed by persons determined to be indigent. If the presiding administrative law judge determines at the conclusion of the proceeding that the case was frivolous or taken solely for the purpose of delay, the judge may impose such sanctions as the circumstances of the case and discouragement of like conduct in the future may require/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LIMEHOUSE explained the amendment.

Rep. SCOTT moved to table the amendment.

Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:

Yeas 26; Nays 59

Those who voted in the affirmative are:

Allen                  Breeland               Brown, G.
Brown, R.              Cotty                  Davenport
Easterday              Emory                  Freeman
Hamilton               Harvin                 Littlejohn
Lloyd                  Loftis                 Mack
McLeod                 Moody-Lawrence         Neal, J.M.
Perry                  Phillips               Rivers
Rutherford             Scott                  Smith, J.E.
Stille                 Whipper

Total--26

Those who voted in the negative are:

Allison                Altman                 Barrett
Bingham                Bowers                 Campsen
Cato                   Chellis                Cobb-Hunter
Coleman                Cooper                 Delleney
Edge                   Frye                   Gilham
Govan                  Harrell                Harrison

Printed Page 1757 . . . . . Thursday, March 14, 2002

Haskins                Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Keegan                 Kelley
Kirsh                  Knotts                 Koon
Law                    Leach                  Limehouse
McCraw                 Meacham-Richardson     Merrill
Neal, J.H.             Owens                  Quinn
Rice                   Riser                  Sandifer
Scarborough            Sharpe                 Sheheen
Sinclair               Smith, D.C.            Smith, F.N.
Smith, J.R.            Smith, W.D.            Talley
Thompson               Townsend               Tripp
Trotter                Webb                   White
Wilkins                Young, J.

Total--59

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that Paragraph 55.4 was out of order under Rule 5.3B in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ordered Paragraph 55.4 to be stricken from the Bill.

Section 55, as amended, was adopted.

MOTION NOTED

Rep. VAUGHN moved to reconsider the vote whereby Amendment No. 278 was tabled in Section 53C, Part IB and the motion was noted.

SECTION 56DD

Section 56DD was adopted.

SECTION 59--AMENDED AND ADOPTED

Rep. KELLEY proposed the following Amendment No. 75 (Doc Name h-wm\006\59.8 gasb 34.doc), which was adopted:


Printed Page 1758 . . . . . Thursday, March 14, 2002

Amend the bill, as and if amended, Part IB, Section 59, COMPTROLLER GENERAL'S OFFICE, page 475, paragraph 8, line 1, after "appropriations" by inserting:
/or cash/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KELLEY explained the amendment.
The amendment was then adopted.

Section 59, as amended, was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61

Section 61 was adopted.

SECTION 63--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 245 (Doc Name h-wm\003\agcy hd sal.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 483, paragraph 20, line 27, by inserting at the end:
/However, for Fiscal Year 2002-03 no salary increases shall be recommended for agency heads./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KIRSH explained the amendment.
The amendment was then adopted.

Rep. J. E. SMITH proposed the following Amendment No. 266 (Doc Name council\gjk\amend\21115sd02.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, F03, Budget and Control Board, page 486, by adding an appropriately numbered paragraph immediately after paragraph 63.27 to read:
/63.__.     For fiscal year 2002-2003, state employees who earn sick leave as provided in Section 8-11-40 of the 1976 Code may use ten days rather than eight days of sick leave to care for ill members of their immediate family. /


Printed Page 1759 . . . . . Thursday, March 14, 2002

Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 266 was out of order under Rule 5.3B in that it was not germane to the Bill.
Rep. J. E. SMITH argued contra.
SPEAKER WILKINS overruled the Point of Order.

Rep. J. E. SMITH continued speaking.
Rep. KELLEY spoke against the amendment.

Rep. KELLEY moved to table the amendment.

Rep. HAYES demanded the yeas and nays which were taken, resulting as follows:

Yeas 20; Nays 73

Those who voted in the affirmative are:

Campsen                Chellis                Cooper
Easterday              Edge                   Frye
Harrell                Hinson                 Keegan
Kelley                 Koon                   Limehouse
Littlejohn             Perry                  Rice
Rodgers                Smith, W.D.            Webb
Wilkins                Young, A.

Total--20

Those who voted in the negative are:

Allen                  Allison                Bales
Barfield               Barrett                Bingham
Bowers                 Breeland               Brown, G.
Brown, R.              Carnell                Cato
Clyburn                Cobb-Hunter            Coleman
Cotty                  Dantzler               Davenport
Delleney               Emory                  Fleming
Freeman                Gourdine               Govan
Harrison               Harvin                 Haskins

Printed Page 1760 . . . . . Thursday, March 14, 2002

Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Huggins
Jennings               Kirsh                  Knotts
Leach                  Lee                    Lloyd
Lourie                 Mack                   McCraw
McGee                  McLeod                 Meacham-Richardson
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Owens                  Phillips
Quinn                  Riser                  Rivers
Rutherford             Sandifer               Scarborough
Sheheen                Sinclair               Smith, D.C.
Smith, F.N.            Smith, J.E.            Smith, J.R.
Stuart                 Talley                 Taylor
Thompson               Townsend               Whipper
White                  Wilder                 Witherspoon
Young, J.

Total--73

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 241 (Doc Name h-wm\003\63.34 confederate2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 487, paragraph 34, line 20-22, by striking the paragraph in its entirety and inserting:
/63.34.   (BCB: Confederate Museum Relocation) It is the intent of the General Assembly that, as soon as space becomes available, the The Confederate Museum shall relocate to the Columbia Mills Building where it will be retained as a separate and distinct facility, entity under the State Budget and Control Board./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KIRSH explained the amendment.
The amendment was then adopted.


Printed Page 1761 . . . . . Thursday, March 14, 2002

Rep. J. E. SMITH proposed the following Amendment No. 94 (Doc Name council\bbm\amend\10863htc02.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 63, Budget and Control Board, page 489, by striking paragraph 63.50 and inserting:

/ 63.50.   (BCB: Career Growth Opportunity - Step Raise Plan) In order to prepare and plan for a professional workforce, the Budget and Control Board is directed to provide policy recommendations for creating additional career growth opportunities and succession planning for state employees based upon skills, education, experience, and performance or other significant factors. At a minimum, these recommendations shall include an analysis of current career growth opportunities within agencies, priority needs within and between agencies, current resources used to provide career advancement, determination of additional funding needs, a step-raise plan based on longevity that is in addition to existing components of the state employee classification and compensation plan, and an implementation plan. These recommendations must be provided to the Office of the Governor, Senate Finance Committee, and Ways and Means Committee by December 1, 2002, and the step-raise plan portion of the recommendations must be implemented effective July 1, 2003. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

POINT OF ORDER

Rep. KELLEY raised the Point of Order that Amendment No. 94 was out of order in that the implementation of its provisions did not take effect until the next fiscal year, thus binding future budgets.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. KELLEY proposed the following Amendment No. 77 (Doc Name h-wm\003\mceachern.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 491, after line 2, by adding an appropriately numbered paragraph to read:
/(McEachern Parking Facility) The main entrance to the Furman E. McEachern, Jr. Parking Facility at the intersection of South Main and Pendleton Streets shall be accessible from any direction except for the


Printed Page 1762 . . . . . Thursday, March 14, 2002

4:30 pm to 5:30 pm time period during which time traffic is routed in one direction out of the facility. The Assembly Street exits shall be open for traffic from 4:00 pm to 6:00 pm.
/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KELLEY explained the amendment.
The amendment was then adopted.

Rep. COBB-HUNTER proposed the following Amendment No. 229 (Doc Name h-wm\004\cdc tobacco 1.5m.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 491, after line 2, by adding an appropriately numbered paragraph to read:
/(BCB: Use of Tobacco Settlement Trust Fund) Notwithstanding any other provision of law, from funds available to the Office of Local Government pursuant to Section 11-11-170(B)(4) of the 1976 Code, an amount equal to $1,500,000 must be transferred to the Department of Commerce for the Rural and Community Development Division for use in the Community Development Corporation (CDC) program./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. KELLEY moved to table the amendment.

Rep. JENNINGS demanded the yeas and nays which were taken, resulting as follows:

Yeas 61; Nays 25

Those who voted in the affirmative are:

Barfield               Barrett                Bingham
Cato                   Chellis                Cooper
Cotty                  Dantzler               Delleney
Easterday              Edge                   Emory
Frye                   Gilham                 Hamilton
Harrell                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Law

Printed Page 1763 . . . . . Thursday, March 14, 2002

Leach                  Limehouse              Littlejohn
Loftis                 Lourie                 Martin
Meacham-Richardson     Merrill                Miller
Owens                  Perry                  Phillips
Quinn                  Rice                   Riser
Rodgers                Sandifer               Scarborough
Sharpe                 Sheheen                Sinclair
Smith, D.C.            Smith, J.E.            Smith, J.R.
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Walker                 White
Wilkins                Witherspoon            Young, A.
Young, J.

Total--61

Those who voted in the negative are:

Bowers                 Breeland               Brown, G.
Brown, R.              Carnell                Clyburn
Cobb-Hunter            Freeman                Gourdine
Harvin                 Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Jennings               Lloyd                  Mack
McLeod                 Moody-Lawrence         Ott
Rivers                 Rutherford             Whipper
Wilder

Total--25

So, the amendment was tabled.

Rep. MCLEOD proposed the following Amendment No. 231 (Doc Name h-wm\003\63 cpm bonus.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 491, after line 2, by adding an appropriately numbered paragraph to read:
/(BCB: CPM Program Bonus) Notwithstanding any other provision of law, any employee who graduates or has previously graduated from the Certified Public Manager (CPM) Program administered by the Budget and Control Board will receive a bonus of $1,000 in the current fiscal year from funds appropriated for this purpose. This payment is


Printed Page 1764 . . . . . Thursday, March 14, 2002

not a part of the employee's base salary and is not earnable compensation for purposes of employee and employer contributions to respective retirement systems./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MCLEOD explained the amendment.

Rep. KELLEY spoke against the amendment.

Rep. KELLEY moved to table the amendment, which was agreed to.

Reps. KNOTTS, BINGHAM, FRYE, HUGGINS, KOON, RISER and STUART proposed the following Amendment No. 249 (Doc Name council\ggs\amend\22413CM02.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 491, after line 2, by adding an appropriately numbered paragraph to read:
/ 63. ___   (BCB: Agency Head Salaries) During the current fiscal year the Agency Head Salary Commission may not increase an agency head's salary unless all state employees receive an across the board salary increase in the current fiscal year. /
Renumber sections to conform.
Amend title to conform.

Rep. KNOTTS explained the amendment.
The amendment was then adopted.

Rep. FLEMING proposed the following Amendment No. 280 (Doc Name council\ggs\amend\22418cm02.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 491, after line 2, by adding an appropriately numbered paragraph to read:
/ 63.____   (BCB: Privatization Study)   The Budget and Control Board shall conduct a study to determine the cost and cost savings associated with privatizing the Department of Labor, Licensing and Regulation's enforcement of the South Carolina Elevator Code and South Carolina Amusement Rides Safety Code. The board's findings and recommendations must be reported to the appropriate committees of the General Assembly by January 1, 2003. /


Printed Page 1765 . . . . . Thursday, March 14, 2002

Renumber sections to conform.
Amend totals and titles to conform.

Rep. FLEMING explained the amendment.

POINT OF ORDER

Rep. STUART raised the Point of Order that Amendment No. 280 was out of order under Rule 5.3B in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

The amendment was then adopted.

Rep. BOWERS proposed the following Amendment No. 324 (Doc Name h-wm\003\63-vet home 2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 491, after line 2, by adding an appropriately numbered paragraph to read:
/(BCB: Veteran's Nursing Home Funding) From funds appropriated or authorized to the Budget and Control Board, $2,590,000 shall be provided in FY 02-03 to the Colleton County Veterans Nursing Home Project. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BOWERS explained the amendment.

Rep. OWENS spoke in favor of the amendment.
Rep. HOSEY spoke in favor of the amendment.
Rep. KELLEY spoke against the amendment.
The amendment was then adopted.

ACTING SPEAKER CATO IN CHAIR

Rep. FLEMING proposed the following Amendment No. 330 (Doc Name council\gjk\amend\21183sd02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 491, by adding an appropriately numbered paragraph immediately after paragraph 63.61 to read:
/63.__.     /The State Budget and Control Board shall establish a grant program for the purpose of providing grants to nationally recognized 501(c)(3) organizations that engage primarily in sponsoring


Printed Page 1766 . . . . . Thursday, March 14, 2002

competitions where children with physical disabilities participate in olympic sports competitions. The amount of $50,000 in such grants shall be made in fiscal year 2002-2003 to be paid from the state general fund. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. FLEMING explained the amendment.

Rep. KELLEY spoke against the amendment.

Rep. KELLEY moved to table the amendment.

The amendment was then tabled by a division vote of 35 to 12.

Section 63, as amended, was adopted.

SECTION 63A

Section 63A was adopted.

SECTION 63B--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 243 (Doc Name h-wm\003\63b.7 adoption.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63B, B&C BD - EMPLOYEE BENEFITS, page 492, paragraph 7, lines 33-36 and page 493, lines 1-4, by striking: / 63B.7. (BCB/EB: State Employee Adoption Assistance Program) The State Employee Adoption Assistance Program established pursuant to Section 2(15), Joint Resolution 528 of 1994, is continued and its administration moved from the Department of Social Services to the State Budget and Control Board. The maximum grant amounts of $10,000 in the case of the adoption of a special needs child and $5,000 for all other child adoptions are maintained as originally provided in Joint Resolution 528 of 1994 and the subsequently developed State Employee Adoption Assistance Program. In establishing the State Employee Adoption Program, the Budget and Control shall give first consideration to those state employees who initiated the process with the Department of Social Services prior to March 1, 2001. The Department of Social Services shall transfer to the Budget and Control Board all records pertaining to requests for adoption assistance that have not been completed. /


Printed Page 1767 . . . . . Thursday, March 14, 2002

Renumber sections to conform.
Amend totals and titles to conform.

Rep. KIRSH explained the amendment.
The amendment was then adopted.

Section 63B, as amended, was adopted.

SECTION 63C

Section 63C was adopted.

SECTION 64--AMENDED AND DEBATE ADJOURNED

Reps. MERRILL and KELLEY proposed the following Amendment No. 295 (Doc Name council\PT\amend\\1834mm02.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 64, DEPARTMENT OF REVENUE, page 496, by adding an appropriately numbered paragraph to read:
/     64.___.   (GP: 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. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MERRILL explained the amendment.
The amendment was then adopted.

Rep. RICE proposed the following Amendment No. 332 to (Doc Name h-wm\002\dorfeerefund.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 64, DEPARTMENT OF REVENUE, page 496, paragraph 18, line 21-22, by striking the paragraph in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RICE explained the amendment.
The amendment was then adopted.

Rep. QUINN moved to adjourn debate on the Section, which was agreed to.


Printed Page 1768 . . . . . Thursday, March 14, 2002

SECTION 69A

Section 69A was adopted.

SECTION 13--AMENDED AND ADOPTED

Rep. J. E. SMITH proposed the following Amendment No. 331 (Doc Name council\nbd\amend\11438ac02.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, beginning on page 423, line 27, by deleting paragraph 13.26, and inserting:
/13.26.   (DSS: Integrated Children's Services Program-ICSP) There is established within the Department of Social Services a division titled the "Integrated Children's Services Program (ICSP)." The purpose of this program is to improve children's access to appropriate services, including those with emotional, developmental and physical disabilities while providing better statewide oversight, and prudent use of resources. The board shall consider the best practice standards for services to children in state custody or whom this division otherwise serves. The director is authorized to realign appropriated funds within the agency to accomplish the purposes of this new program.

The ICSP shall be comprised of the following entities: 1) Continuum of Care, 2) Managed Treatment Services, 3) the Interagency System of Caring for Emotionally Disturbed Children, and other offices as designated by the director. The state office must centrally administer programs provided under the current Continuum of Care Division and Managed Treatment Services Division.

There is also created the "Integrated Children's Services Program Board" for the purpose of facilitating, monitoring, and evaluation of the delivery of services to children by these designated entities. The Board is comprised of the following members: 1) one appointed by the Chairman of the House Ways and Means Committee; 2) one appointed by the Chairman of the Senate Finance Committee; 3) one appointed by the Speaker of the House; 4) one appointed by the President Pro Tempore of the Senate; 5) one appointed by the Governor; 6) two members who represent families or consumers of services appointed by the Governor; 7) one member to represent nonstate entities or organizations that serve or advocate for children appointed by the Governor; 8) state agency directors from each of the following agencies: Continuum of Care, Departments of Disabilities and Special Needs, Education, Health and Environmental Control, Juvenile Justice, Mental Health and Social Services/Managed Treatment Services; and 9) the Director of the Department of social


Printed Page 1769 . . . . . Thursday, March 14, 2002

Services, shall serve as the chairman of the board. The department of Social Services shall provide staff support to this board and members shall serve without pay.
The board shall study the current system of care and report their findings to the General Assembly before January 2, 2003. the report must include, but is not limited to: 1) an evaluation of the current system of children's services in South Carolina; 2) identification of any breaks in the delivery of services to children, because of restrictions by law or substantial lack of services or funding; 3) recommendations regarding placement of agency resources in the field with a focus on in-home services for children; 4) recommendations regarding coordination and consolidation of service delivery; and 5) recommendations regarding cost sharing by state agencies providing services to children with special needs. The board shall consider the best practice standards for services to children. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.

Section 13, as amended, was adopted.

SECTION 72--AMENDED AND ADOPTED

Rep. Bales proposed the following Amendment No. 282 (Doc Name council\PT\amend\1831dw02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 510, paragraph 72.36, by adding after /lodging/ line 11, line 22, and line 28 / not to exceed $65 a day / and by adding to 72.36 new subsections appropriately lettered to read:
/   .   No state agency, department, board, commission, or institution during fiscal year 2002-2003 shall pay a registration fee in excess of one hundred dollars for an employee or official of that entity to attend a conference, seminar, or meeting.

.   All reimbursements for mileage, except for the Governor and Lieutenant Governor, must be reimbursed at the standard business mileage rate or airfare, whichever is lower.

.   All public and governmental bodies, including but not limited to counties, municipalities, school districts, public service or special purpose districts, that receive any funds appropriated by the General


Printed Page 1770 . . . . . Thursday, March 14, 2002

Assembly are subject to and must adhere to the provisions of this paragraph. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BALES explained the amendment.

Rep. KELLEY moved to table the amendment.

Rep. BALES demanded the yeas and nays which were taken, resulting as follows:

Yeas 61; Nays 36

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Campsen                Cato                   Chellis
Coates                 Cooper                 Cotty
Dantzler               Delleney               Easterday
Emory                  Fleming                Gilham
Gourdine               Hamilton               Harrell
Harrison               Harvin                 Hinson
Huggins                Keegan                 Kelley
Kirsh                  Leach                  Lee
Littlejohn             Lourie                 Lucas
Mack                   Martin                 McCraw
McGee                  Meacham-Richardson     Merrill
Moody-Lawrence         Rice                   Riser
Rivers                 Rodgers                Sandifer
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Talley                 Townsend
Trotter                Vaughn                 Walker
Webb                   Whipper                White
Wilkins                Witherspoon            Young, A.
Young, J.

Total--61

Those who voted in the negative are:

Allen                  Bales                  Brown, G.
Brown, J.              Carnell                Clyburn

Printed Page 1771 . . . . . Thursday, March 14, 2002

Cobb-Hunter            Coleman                Davenport
Edge                   Freeman                Frye
Govan                  Hayes                  Hines, M.
Hosey                  Howard                 Jennings
Knotts                 Koon                   Limehouse
Lloyd                  McLeod                 Miller
Neal, J.H.             Ott                    Parks
Phillips               Rhoad                  Scarborough
Scott                  Stuart                 Taylor
Thompson               Tripp                  Wilder

Total--36

So, the amendment was tabled.

Rep. J. E. SMITH proposed the following Amendment No. 265 (Doc Name council\gjk\amend\21119sd02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, X90, General Provisions, page 512, paragraph 72.36, beginning on line 4, by striking / the lesser of 34.5 cents per mile or / and by striking on line 10, page 512, / the lesser of 34.5 cents per mile or /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. COOPER moved to table the amendment, which was agreed to.

Rep. LOFTIS proposed the following Amendment No. 309 (Doc Name h-wm\002\tefra.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 515, paragraph 47, line 32, by inserting:
/Agencies providing services under the provisions of this paragraph must not spend less in the current fiscal year than expended in the previous fiscal year/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LOFTIS explained the amendment.
The amendment was then adopted.


Printed Page 1772 . . . . . Thursday, March 14, 2002

Rep. QUINN proposed the following Amendment No. 120 (Doc Name h-wm\002\mis charges.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 527, paragraph 96, line 35, by inserting at the end: /The State's CIO is authorized to charge state agencies in Sections 7, 8, 9, 10, 11, 12, 13, and 14 for the implementation of an Integrated Health and Human Services Management Information System Plan after approval of the Budget and Control Board./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. QUINN explained the amendment.
The amendment was then adopted.

Rep. HARRELL proposed the following Amendment No. 32 (Doc Name h-wm\006\72.97 int2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 528, paragraph 97, lines 9-11, by striking:/ State Treasurer's Office: $1,219,184 must be transferred to the General Fund from Subfund 4042 Chem Nclr Trust Principal; State Treasurer's Office: $1,296,676 must be transferred to the General Fund from Subfund 4044 Chem Nclr Trust Income;/
Amend the bill further, as and if amended, page 528, paragraph 97, line 18, by striking /$6,598,772/ and inserting /$9,114,632/
Amend the bill further, as and if amended, page 529, paragraph 97, lines 29-30, by striking:/Second Injury Fund: $4,326,043 must be transferred to the General Fund from Subfund 4260 Second Injury Fund-Trust;/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARRELL explained the amendment.
The amendment was then adopted.

Rep. HOSEY proposed the following Amendment No. 122 (Doc Name h-wm\005\barnwell .doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 528, paragraph 97, line 13-14, by striking:/$596,616 must be transferred to the General Fund from subfund 43A8 Barnwell Economic Dev. Fd:/


Printed Page 1773 . . . . . Thursday, March 14, 2002

Renumber sections to conform.
Amend totals and titles to conform.

Rep. HOSEY explained the amendment.

Rep. HARRELL spoke against the amendment.
Rep. LOURIE spoke in favor of the amendment.

LEAVE OF ABSENCE

The ACTING SPEAKER CATO granted Rep. CARNELL a leave of absence for the remainder of the day.

Rep. HARRELL moved to table the amendment.

Rep. HOSEY demanded the yeas and nays which were taken, resulting as follows:

Yeas 68; Nays 39

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Frye
Gilham                 Hamilton               Harrell
Harrison               Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  McCraw
McGee                  Meacham-Richardson     Merrill
Owens                  Perry                  Quinn
Rice                   Riser                  Rodgers
Sandifer               Scarborough            Simrill
Sinclair               Smith, D.C.            Smith, J.R.
Smith, W.D.            Stille                 Stuart
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb

Printed Page 1774 . . . . . Thursday, March 14, 2002

White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--68

Those who voted in the negative are:

Allen                  Bales                  Breeland
Brown, G.              Brown, J.              Brown, R.
Clyburn                Cobb-Hunter            Coleman
Freeman                Gourdine               Govan
Harvin                 Hayes                  Hines, J.
Hines, M.              Hosey                  Jennings
Lee                    Lloyd                  Lourie
Mack                   McLeod                 Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Parks                  Phillips
Rhoad                  Rivers                 Sharpe
Sheheen                Smith, F.N.            Smith, G.M.
Smith, J.E.            Whipper                Wilder

Total--39

So, the amendment was tabled.

Rep. SHEHEEN proposed the following Amendment No. 200 (Doc Name council\bbm\amend\10904htc02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 528, paragraph 72.97, beginning on line 23, by striking /Commission on Indigent Defense: $78,553 must be transferred to the General Fund from Subfund 4313 Indigent Def Services Fund;/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SHEHEEN explained the amendment.

Rep. HARRELL spoke against the amendment.

Rep. HARRELL moved to table the amendment.


Printed Page 1775 . . . . . Thursday, March 14, 2002

Rep. G. M. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 62; Nays 44

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Coates
Cooper                 Cotty                  Dantzler
Edge                   Frye                   Gilham
Gourdine               Hamilton               Harrell
Harrison               Haskins                Hinson
Huggins                Keegan                 Kelley
Kirsh                  Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Martin
McCraw                 McGee                  Meacham-Richardson
Merrill                Owens                  Perry
Rice                   Riser                  Rodgers
Sandifer               Scarborough            Simrill
Smith, D.C.            Smith, J.R.            Smith, W.D.
Stille                 Stuart                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   White                  Wilkins
Witherspoon            Young, A.

Total--62

Those who voted in the negative are:

Allen                  Bales                  Breeland
Brown, J.              Brown, R.              Clyburn
Cobb-Hunter            Coleman                Davenport
Delleney               Easterday              Emory
Freeman                Govan                  Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Jennings               Lee
Lloyd                  Lourie                 Lucas
Mack                   McLeod                 Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Ott                    Parks

Printed Page 1776 . . . . . Thursday, March 14, 2002

Phillips               Rhoad                  Rivers
Scott                  Sheheen                Sinclair
Smith, F.N.            Smith, G.M.            Smith, J.E.
Talley                 Young, J.

Total--44

So, the amendment was tabled.

Rep. SHEHEEN proposed the following Amendment No. 150 (Doc Name council\bbm\amend\10890htc02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, beginning on page 528, paragraph 72.97, line 36, by striking /Dept. of Health and Environmental Control: $541,329 must be transferred to the General Fund from Subfund 4545 Waste Tire Grant Trust Fund;/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SHEHEEN explained the amendment.

Rep. HARRELL moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 62; Nays 44

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Cato
Chellis                Clyburn                Coates
Cooper                 Cotty                  Davenport
Delleney               Edge                   Fleming
Frye                   Gilham                 Harrell
Harrison               Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  McCraw
McGee                  Meacham-Richardson     Owens
Perry                  Rice                   Riser

Printed Page 1777 . . . . . Thursday, March 14, 2002

Rodgers                Sandifer               Scarborough
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.R.            Smith, W.D.            Stille
Stuart                 Talley                 Taylor
Thompson               Tripp                  Trotter
Vaughn                 Walker                 Webb
White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--62

Those who voted in the negative are:

Allen                  Bales                  Breeland
Brown, G.              Brown, J.              Brown, R.
Cobb-Hunter            Coleman                Easterday
Emory                  Freeman                Gourdine
Hamilton               Harvin                 Haskins
Hayes                  Hines, J.              Hines, M.
Hosey                  Jennings               Lee
Lloyd                  Lourie                 Mack
Martin                 McLeod                 Merrill
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Parks                  Phillips               Rhoad
Rivers                 Scott                  Sharpe
Sheheen                Simrill                Smith, F.N.
Smith, J.E.            Wilder

Total--44

So, the amendment was tabled.

Rep. SHEHEEN proposed the following Amendment No. 151 (Doc Name council\bbm\amend\10891htc02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 529, paragraph 72.97, beginning on line 2, by striking /Dept. of Health and Environmental Control: $280,891 must be transferred to the General Fund from Subfund 4546 Petroleum Fund;/
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1778 . . . . . Thursday, March 14, 2002

Rep. SHEHEEN explained the amendment.

Rep. HARRELL moved to table the amendment.

Rep. MILLER demanded the yeas and nays which were taken, resulting as follows:

Yeas 65; Nays 40

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Clyburn
Coates                 Cooper                 Cotty
Davenport              Delleney               Edge
Fleming                Frye                   Harrell
Harrison               Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Martin
McCraw                 McGee                  Meacham-Richardson
Merrill                Owens                  Perry
Rice                   Riser                  Rodgers
Sandifer               Scarborough            Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Stille                 Stuart
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--65

Those who voted in the negative are:

Allen                  Bales                  Brown, G.
Brown, J.              Brown, R.              Cobb-Hunter
Coleman                Easterday              Emory
Freeman                Gourdine               Hamilton
Harvin                 Haskins                Hayes
Hines, J.              Hines, M.              Hosey

Printed Page 1779 . . . . . Thursday, March 14, 2002

Jennings               Lee                    Lloyd
Lourie                 Mack                   McLeod
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Parks                  Phillips               Rhoad
Rivers                 Scott                  Sheheen
Simrill                Smith, F.N.            Smith, J.E.
Wilder

Total--40

So, the amendment was tabled.

Rep. SHEHEEN proposed the following Amendment No. 152 (Doc Name council\bbm\amend\10892htc02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 529, paragraph 72.97, beginning on line 3, by striking /Dept. of Health and Environmental Control: $942,290 must be transferred to the General Fund from Subfund 4641 Haz Waste-Permitted Site Fund;/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SHEHEEN explained the amendment.

Rep. HARRELL moved to table the amendment, which was agreed to.

Rep. SHEHEEN proposed the following Amendment No. 153 (Doc Name council\bbm\amend\10893htc02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 529, paragraph 72.97, beginning on line 4, by striking /Dept. of Health and Environmental Control: $103,919 must be transferred to the General Fund from Subfund 4865 Solid Waste Mgmt Trust Fund;/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SHEHEEN explained the amendment.


Printed Page 1780 . . . . . Thursday, March 14, 2002

Rep. HARRELL moved to table the amendment, which was agreed to.

Rep. SHEHEEN proposed the following Amendment No. 154 (Doc Name council\gjk\amend\21142zcw02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 529, paragraph 72.97, beginning on line 5, by striking: /Dept. of Health & Environmental Control: $154,266 must be transferred to the General Fund from Subfund 4906 Superb Fin Responsibility;/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SHEHEEN explained the amendment.

Rep. HARRELL moved to table the amendment, which was agreed to.

Rep. SHEHEEN proposed the following Amendment No. 155 (Doc Name council\gjk\amend\21143zcw02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 529, paragraph 72.97, beginning on line 6, by striking: /Dept. of Health & Environmental Control: $21,414 must be transferred to the General Fund from Subfund 4971 Infectious Waste Contingency Fd; /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SHEHEEN explained the amendment.

Rep. HARRELL moved to table the amendment, which was agreed to.

Rep. OTT proposed the following Amendment No. 82 to (Doc Name h-wm\006\72.97 int3.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 529, paragraph 97, lines 13-14, by striking: /Dept. of Agriculture: $35,226 must be transferred to the General Fund from Subfund 4159 Grain Dealers Guaranty Fund;/
Amend the bill further, as and if amended, page 529, paragraph 97, line 14, by striking /$206,273/ and inserting /$241,499/


Printed Page 1781 . . . . . Thursday, March 14, 2002

Renumber sections to conform.
Amend totals and titles to conform.

Rep. OTT explained the amendment.
The amendment was then adopted.

Rep. HINSON proposed the following Amendment No. 136 (Doc Name h-wm\003\ec rate.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 530, paragraph 98, line 25-36, by striking:/The Budget and Control Board is directed to set the employer contribution rate for all participating employers of the South Carolina Retirement System at 6.7% of the earnable compensation of each covered employee of a participating employer. The board is further prohibited from retroactively adjusting employer contribution rates for employers whose contribution rate has been lower than that of state agencies for prior fiscal years. During Fiscal Year 2002-03, employers shall remit to the South Carolina Retirement System 1.7% of the compensation of each employee participating in the State Optional Retirement Program (ORP) in lieu of the employer contribution of 2.55% set out in Section 9-20-50. Contributions pursuant to this provision shall be made in accordance with the guidelines established for remitting retirement contributions to the South Carolina Retirement System. The State Budget and Control Board is directed to set the employer contribution rate for all participating Class Two employers of the South Carolina Police Officers Retirement System at 9.35% of the earnable compensation of each covered Class Two employee in lieu of the contribution rate set out in Section 9-11-220(1) for Class Two members. The board is directed to develop the methodology to redirect the $25,540,981 general fund portion of the adjusted retirement employer contribution to the health insurance program./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HINSON explained the amendment.

Rep. HINSON spoke in favor of the amendment.
Rep. KELLEY spoke against the amendment.

SPEAKER PRO TEMPORE IN CHAIR


Printed Page 1782 . . . . . Thursday, March 14, 2002

Rep. CHELLIS spoke against the amendment.
Rep. CHELLIS spoke against the amendment.

Rep. KELLEY moved to table the amendment.

Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 64; Nays 49

Those who voted in the affirmative are:

Allen                  Allison                Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Dantzler
Davenport              Easterday              Edge
Frye                   Gilham                 Hamilton
Harrell                Harrison               Haskins
Hines, M.              Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Lee
Littlejohn             Lloyd                  Martin
Meacham-Richardson     Owens                  Perry
Phillips               Rice                   Riser
Rodgers                Sandifer               Scarborough
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, F.N.            Smith, W.D.
Stille                 Talley                 Taylor
Thompson               Townsend               Trotter
Vaughn                 Walker                 Webb
Whipper                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

Total--64

Those who voted in the negative are:

Bales                  Breeland               Brown, G.
Brown, J.              Brown, R.              Coates
Cobb-Hunter            Coleman                Delleney
Emory                  Fleming                Freeman
Gourdine               Govan                  Harvin

Printed Page 1783 . . . . . Thursday, March 14, 2002

Hayes                  Hines, J.              Hinson
Hosey                  Howard                 Jennings
Law                    Leach                  Loftis
Lourie                 Lucas                  Mack
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Quinn                  Rhoad
Rivers                 Rutherford             Scott
Sheheen                Smith, G.M.            Smith, J.E.
Smith, J.R.            Stuart                 Tripp
Weeks

Total--49

So, the amendment was tabled.

SPEAKER IN CHAIR

Reps. BALES, HOWARD, KENNEDY, MCLEOD, WILDER, BATTLE and M. HINES proposed the following Amendment No. 184 (Doc Name council\bbm\amend\10895htc02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72.98, page 530, by striking lines 25 through 36 and inserting:
/ expenditure authorization for the amount transferred. The Budget and Control Board is required to suspend /
Amend the bill further, Part IB, Section 72, paragraph 72.98, page 531, by adding at the end of the paragraph:
/The Budget and Control Board shall transfer $25,540,981 during fiscal year 2002-2003 from earmarked or restricted accounts it identifies to the general fund of this State to provide the necessary funding for state health insurance programs and shall allocate these funds as appropriate for state health insurance./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MCLEOD explained the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. MCLEOD continued speaking.


Printed Page 1784 . . . . . Thursday, March 14, 2002

Rep. HOWARD spoke in favor of the amendment.
Rep. BALES spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. BALES continued speaking.
Rep. G. BROWN spoke in favor of the amendment.

Rep. COOPER moved to table the amendment.

Rep. BALES demanded the yeas and nays which were taken, resulting as follows:

Yeas 66; Nays 42

Those who voted in the affirmative are:

Allen                  Barfield               Barrett
Bingham                Campsen                Cato
Chellis                Coates                 Cooper
Cotty                  Dantzler               Davenport
Easterday              Edge                   Frye
Gilham                 Hamilton               Harrell
Harrison               Haskins                Hinson
Huggins                Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Littlejohn             Martin                 McGee
Meacham-Richardson     Merrill                Owens
Perry                  Phillips               Quinn
Rice                   Riser                  Rodgers
Sandifer               Scarborough            Simrill
Sinclair               Smith, D.C.            Smith, F.N.
Smith, J.R.            Smith, W.D.            Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   White                  Wilkins
Witherspoon            Young, A.              Young, J.

Total--66


Printed Page 1785 . . . . . Thursday, March 14, 2002

Those who voted in the negative are:
Bales                  Breeland               Brown, G.
Brown, J.              Brown, R.              Clyburn
Cobb-Hunter            Coleman                Delleney
Emory                  Fleming                Freeman
Gourdine               Govan                  Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Jennings
Lee                    Lloyd                  Lourie
Lucas                  Mack                   McCraw
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Rhoad                  Rivers                 Rutherford
Scott                  Smith, G.M.            Smith, J.E.
Weeks                  Whipper                Wilder

Total--42

So, the amendment was tabled.

Rep. MCLEOD proposed the following Amendment No. 12 (Doc Name h-wm\006\cartax750.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 531, after line 29, by adding an appropriately numbered paragraph to read:
/(GP: Sales Tax on Motor Vehicles) Notwithstanding the provisions of Section 12-36-2110(A)(2) of the 1976 Code, limiting the sales, use, and casual excise tax on motor vehicles to three hundred dollars, for sales of motor vehicles made or leases of motor vehicles executed in the current fiscal year, the maximum tax is seven hundred and fifty dollars. In the case of a lease, and without regard to the lease extending past June 30, 2003, the total tax applied on each lease payment until the total tax paid equals seven hundred and fifty dollars./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MCLEOD explained the amendment.

Rep. COOPER moved to table the amendment, which was agreed to.


Printed Page 1786 . . . . . Thursday, March 14, 2002

Rep. MCLEOD proposed the following Amendment No. 13 (Doc Name h-wm\006\cartax500.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 531, after line 29, by adding an appropriately numbered paragraph to read:
/(GP: Sales Tax on Motor Vehicles) Notwithstanding the provisions of Section 12-36-2110(A)(2) of the 1976 Code, limiting the sales, use, and casual excise tax on motor vehicles to three hundred dollars, for sales of motor vehicles made or leases of motor vehicles executed in the current fiscal year, the maximum tax is five hundred dollars. In the case of a lease, and without regard to the lease extending past June 30, 2003, the total tax applied on each lease payment until the total tax paid equals five hundred dollars./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MCLEOD explained the amendment.

Rep. COOPER moved to table the amendment, which was agreed to.

Rep. LITTLEJOHN proposed the following Amendment No. 39 (Doc Name h-wm\007\resid.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 531, after line 29, by adding an appropriately numbered paragraph to read:
/Upon passage of this act, of the remaining general fund balance as defined by the difference in general fund revenue listed in section 71 less the total general fund appropriations summarized in section 70 $3,500 shall be appropriated for an educational television satellite system for the pacolet police and fire department./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LITTLEJOHN explained the amendment.

Rep. HOWARD moved to table the amendment.

Rep. LITTLEJOHN demanded the yeas and nays which were taken, resulting as follows:

Yeas 74; Nays 27


Printed Page 1787 . . . . . Thursday, March 14, 2002

Those who voted in the affirmative are:
Allen                  Bales                  Barfield
Barrett                Bingham                Brown, J.
Campsen                Cato                   Chellis
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Easterday
Edge                   Freeman                Frye
Gilham                 Gourdine               Govan
Harrell                Harrison               Harvin
Haskins                Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Limehouse              Lloyd
Lourie                 Lucas                  Mack
McLeod                 Meacham-Richardson     Merrill
Moody-Lawrence         Neal, J.H.             Ott
Owens                  Perry                  Phillips
Rhoad                  Rice                   Riser
Rivers                 Rodgers                Rutherford
Scott                  Sheheen                Smith, D.C.
Smith, G.M.            Smith, J.R.            Stuart
Thompson               Townsend               Tripp
Trotter                Webb                   Weeks
Whipper                White                  Witherspoon
Young, A.              Young, J.

Total--74

Those who voted in the negative are:

Allison                Altman                 Brown, G.
Davenport              Delleney               Emory
Fleming                Hamilton               Hayes
Jennings               Keegan                 Leach
Lee                    Littlejohn             McCraw
McGee                  Miller                 Neal, J.M.
Sandifer               Simrill                Sinclair
Smith, J.E.            Smith, W.D.            Talley
Taylor                 Vaughn                 Walker

Total--27


Printed Page 1788 . . . . . Thursday, March 14, 2002

So, the amendment was tabled.

Rep. STILLE proposed the following Amendment No. 40 (Doc Name h-wm\007\studycom.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 531, after line 29, by adding an appropriately numbered paragraph to read:
/(GP: Study Criteria) There is created a House study committee to study the criteria used in the selection of institutions that a recipient of a Teacher Fellows Program Scholarship may attend. The committee shall be comprised of two members appointed by the Speaker of the House, two members appointed by the Chairman of the House Ways and Means Committee, and two members appointed by the Chairman of the House Education and Public Works Committee. Staff support shall be provided by the House Ways and Means Committee and the House Education and Public Works Committee. A report shall be provided to the House of Representatives by February 28, 2003. Upon submission of the report, the committee shall be dissolved./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. STILLE explained the amendment.

POINT OF ORDER

Rep. KNOTTS raised the Point of Order that Amendment No. 40 was out of order under Rule 5.3B in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. LEACH proposed the following Amendment No. 41 (Doc Name h-wm\003\adop. procedures.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 531, after line 29, by adding an appropriately numbered paragraph to read:
/(SC Adoption/s Procedures Study Committee) There is created the South Carolina Adoptions Procedures Study Committee to review South Carolina adoption processes and procedures for the purpose of strengthening the integrity of adoptions. The committee shall be comprised of: two senators, appointed by the President Pro Tempore of the Senate, who shall serve ex officio; two representatives, appointed by the Speaker of the House of Representatives, who shall


Printed Page 1789 . . . . . Thursday, March 14, 2002

serve ex officio; a county director of the Department of Social Services, appointed by the Director of the Department of Social Services; an adoptive parent or interested citizen, appointed by the Governor; an adoption administrator of the Department of Social Services, appointed by the Director of the Department of Social Services; an attorney in private practice, appointed by the Governor on the recommendation of the President of the South Carolina Bar Association; a family court judge, appointed by the Chief Justice of the South Carolina Supreme Court; an attorney with the Department of Social Services, appointed by the Director of the Department of Social Services; the Director of the Foster Care Review Board; a member of a local foster care review board, appointed by the Governor; the Director of the South Carolina Guardian ad Litem Program; the Director of the Richland County Guardian ad Litem Program; and a representative of a private adoption agency, appointed by the Governor.

The committee's review shall include, but is not limited to, what effect a voluntary relinquishment of parental rights should have on a parent's duty to pay child support before the adoption is finalized and in whose custody is a child whose parents' voluntary relinquishment of parental rights was obtained by a private attorney. The committee's review shall further include, but is not limited to, issues concerning the necessity of a putative father registry and problems relating to adoption subsidies, parental consent requirements, relinquishment of parental rights issues, licensing of persons facilitating adoptions, providing adequate notice of hearings to foster parents regarding their foster child and providing them with an opportunity to address the court, and the length of time required for foster parents to complete an adoption.

The members of the committee may not receive compensation but are entitled to receive mileage, per diem, and subsistence, from approved accounts of the House of Representatives and the Senate, as provided by law for members of state boards, committees, and commissions.

The committee must be staffed by personnel as provided and assigned by the President Pro Tempore of the Senate, by the Speaker of the House of Representatives, and by the Governor.

The committee shall submit a report containing its findings and recommendations to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives before January 1, 2003. Upon submission of the report the committee is abolished.


Printed Page 1790 . . . . . Thursday, March 14, 2002

Renumber sections to conform.
Amend totals and titles to conform.

Rep. LEACH explained the amendment.
The amendment was then adopted.

Rep. DELLENEY proposed the following Amendment No. 78 (Doc Name council\dka\amend\4731mm02.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, General Provisions, page 531, by adding after line 29, an appropriately numbered paragraph to read:
/ 72. .     (GP: Accommodations Tax)   For fiscal year 2002-2003 the word 'tourist', for purposes of the accommodations tax, means, for a county classified as 'least developed' or with a higher credit amount classification, as provided by Section 12-6-3360, a person traveling to places outside his home community for any purpose other than daily commutes to and from work. For other counties, 'tourist' means a person traveling to and staying in places outside his usual environment for one night or more for leisure, business, or other purpose. A person meeting this definition may be staying in places of public accommodations such as hotels, motels, inns, bed and breakfasts, campgrounds, or the residences of family or friends. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. DELLENEY explained the amendment.
The amendment was then adopted.

Rep. QUINN proposed the following Amendment No. 135 Doc Name h-wm\002\jt medicaid stwd funding.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 531, paragraph 98, line 29, by inserting at the end:
/There is established the Joint Committee on Medicaid composed of six members, three appointed by the Chairman of the Senate Finance Committee from the membership of the Senate and three appointed by the Chairman of the House Ways and Means Committee from the membership of the House.   The committee must: 1) make a detailed and careful study of the State Medicaid Plan, the Federal laws pertaining to the program, and all other laws of the State which have a bearing upon the Medicaid program; 2) compare the State Medicaid program with the Medicaid program structures of other states; 3)


Printed Page 1791 . . . . . Thursday, March 14, 2002

recommend changes in the Medicaid program structure regarding eligibility, type, scope, and duration of services, together with predicted General Fund revenue, to the end that the State Medicaid Plan will be more stable and affordable for the taxpayers of the State; 4) provide for the revision of state laws and the State Medicaid Plan so as to develop a more easily understood, financially manageable and stable system; and 5) make recommendations for amendments to the State Medicaid Plan. The committee may: 1) hold public hearings; 2) receive testimony of any employees of the State or any other witnesses who may assist the committee in its duties; and 3) call for assistance in the performance of its duties from any employees or agencies of the State or any of its political subdivisions. The committee may adopt by majority vote rules not inconsistent with this chapter that it considers proper with respect to matters relating to the discharge of its duties under this proviso. Professional and clerical services for the committee must be made available from the staffs of the General Assembly, the Budget and Control Board, the Department of Health and Human Services, and other state agencies and institutions. Expenses of the study committee may be paid from appropriated funds of the House of Representatives upon approval of the Speaker of the House and from appropriated funds of the Senate upon approval of the President Pro-Tempore of the Senate. The committee must make reports and recommendations to the General Assembly and the Governor by the beginning of the 2003 Legislative Session./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. QUINN explained the amendment.

Rep. JENNINGS moved to table the amendment.

Rep. JENNINGS demanded the yeas and nays which were taken, resulting as follows:

Yeas 38; Nays 66

Those who voted in the affirmative are:

Allen                  Bales                  Brown, G.
Brown, J.              Brown, R.              Clyburn
Coleman                Emory                  Freeman
Gourdine               Govan                  Harvin
Hayes                  Hines, M.              Hosey

Printed Page 1792 . . . . . Thursday, March 14, 2002

Howard                 Jennings               Lee
Lloyd                  Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Phillips
Rhoad                  Rivers                 Rutherford
Scott                  Sheheen                Smith, F.N.
Smith, J.E.            Stille                 Weeks
Whipper                Wilder

Total--38

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Fleming                Frye                   Gilham
Hamilton               Harrison               Haskins
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Leach
Limehouse              Littlejohn             Loftis
Lucas                  Martin                 McCraw
McGee                  Meacham-Richardson     Merrill
Owens                  Perry                  Quinn
Rice                   Riser                  Rodgers
Sandifer               Scarborough            Simrill
Sinclair               Smith, D.C.            Smith, J.R.
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   White                  Wilkins
Witherspoon            Young, A.              Young, J.

Total--66

So, the House refused to table the amendment.

Rep. JENNINGS spoke against the amendment.


Printed Page 1793 . . . . . Thursday, March 14, 2002

The question then recurred to the adoption of the amendment.

Rep. ALTMAN demanded the yeas and nays which were taken, resulting as follows:

Yeas 66; Nays 45

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Fleming                Frye                   Gilham
Hamilton               Harrell                Harrison
Haskins                Hinson                 Huggins
Keegan                 Kelley                 Klauber
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Lucas                  Martin                 McGee
Merrill                Owens                  Perry
Quinn                  Rice                   Riser
Rodgers                Sandifer               Scarborough
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Stille                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 White                  Wilkins
Witherspoon            Young, A.              Young, J.

Total--66

Those who voted in the negative are:

Allen                  Bales                  Breeland
Brown, G.              Brown, J.              Brown, R.
Clyburn                Cobb-Hunter            Coleman
Emory                  Freeman                Gourdine
Govan                  Harvin                 Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Jennings               Kirsh
Lee                    Lloyd                  Lourie

Printed Page 1794 . . . . . Thursday, March 14, 2002

Mack                   McCraw                 McLeod
Meacham-Richardson     Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Phillips               Rhoad                  Rivers
Rutherford             Scott                  Sheheen
Smith, F.N.            Smith, J.E.            Webb
Weeks                  Whipper                Wilder

Total--45

So, the amendment was adopted.

SPEAKER PRO TEMPORE IN CHAIR

Rep. KIRSH proposed the following Amendment No. 162 (Doc Name h-wm\003\cog report.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72 GENERAL PROVISIONS, page 531, after line 29, by adding an appropriately numbered paragraph to read:
/Each Council of Government shall submit a report to the Senate Finance Committee and the House Ways and Means Committee by December 1st each year describing how the funds which they received from the State in the prior fiscal year were expended./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KIRSH explained the amendment.
Rep. MCLEOD spoke against the amendment.

POINT OF ORDER

Rep. GOVAN raised the Point of Order that Amendment No. 162 was out of order under Rule 5.3B in that it was not germane to the Bill.
SPEAKER PRO TEMPORE W.D. SMITH overruled the Point of Order.

Rep. COATES moved to table the amendment, which was not agreed to by 14 to 69.

The amendment was then adopted.


Printed Page 1795 . . . . . Thursday, March 14, 2002

Rep. BALES proposed the following Amendment No. 279 (Doc Name council\ggs\amend\22417mm02.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 531, after line 29, by adding an appropriately numbered paragraph to read:
/ 72.___   (Tax Exemptions)   For the current fiscal year, an amount of fair market value of a parcel of owner-occupied residential real property, classified pursuant to Section 12-43-220(c) and located in the county, sufficient to limit to fifteen percent any valuation increase attributable to the implementation of a countywide appraisal and equalization program. The exemption allowed by this item does not apply to real property valued for property tax purposes by the unit valuation method. The exemption allowed by this item does apply to value attributable to permanent improvements made to the real property at any time after the implementation of the most recently completed countywide equalization program. If the real property is transferred, this exemption is not transferred with the property. The value of the property in the hands of the transferee is the value of the property as determined by law without the exemption allowed the transferor by this item. In the case of real property classified pursuant to Section 12-43-220(c), transfer IS DEEMED NOT TO HAVE OCCURRED FOR PURPOSES OF THIS ITEM IF THE TRANSFER IS ONE OF THE FOLLOWING:

(i)   BETWEEN SPOUSES;

(ii)   FROM A DECEASED SPOUSE TO A SURVIVING SPOUSE BY DEVISE OR OPERATION OF LAW;

(iii)   IN ANY MANNER IN WHICH THE SURVIVING SPOUSE RETAINS THE PROPERTY TAX EXEMPTION ALLOWED PURSUANT TO SECTION 12-37-250 OR WOULD HAVE RETAINED THE EXEMPTION BUT FOR THE AGE OF THE SURVIVING SPOUSE;

(iv)   TO A FORMER SPOUSE PURSUANT TO EQUITABLE DISTRIBUTION ARISING OUT OF THE DISSOLUTION OF A MARRIAGE. NOTWITHSTANDING ANY OTHER PROVISION of law, the assessed value of property exempted from property tax by this item is considered taxable property for purposes of computing the index of taxpaying ability pursuant to Section 59-2--20(3). /


Printed Page 1796 . . . . . Thursday, March 14, 2002

Renumber sections to conform.
Amend totals and titles to conform.

Rep. BALES explained the amendment.

POINT OF ORDER

Rep. COOPER raised the Point of Order that Amendment No. 279 was out of order under Rule 5.3B in that it was not germane to the Bill.
SPEAKER PRO TEMPORE W.D. SMITH sustained the Point of Order and ruled the amendment out of order.

Rep. J. E. SMITH proposed the following Amendment No. 264 (Doc Name council\swb\amend\5220zcw02.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, by adding an appropriately numbered paragraph to read:
/72.__(GP: Governor's Office, Veterans Affairs) Of the funds appropriated for the Division of Veterans Affairs, the Director of the Division shall appoint an additional claims representative within the Division of Veterans Affairs, who, in addition to being charged with the duty of assisting all ex-servicemen, regardless of the wars in which their service may have been rendered, in filing, presenting, and prosecuting to final determination all claims which they have for money compensation, hospitalization, training, and insurance benefits under the terms of federal legislation, shall also specialize in the specific needs and diseases associated with veterans of the Vietnam era. The person appointed as a claims representative under this section must be versed in federal legislation relating to these matters and the rules, regulations, and practice of the Veterans Administration as created by Congress and his appointment must be approved by the Governor.

Subject to the direction of the director, and in addition to other duties prescribed in this section, the claims representative appointed pursuant to this section may represent the Division of Veterans Affairs on the South Carolina Agent Orange Advisory Council and on the Hepatitis C Coalition established by the South Carolina Department of Health and Environmental Control, assist the Division of Veterans Affairs in carrying out its duties in connection with the Agent Orange Information and Assistance program, represent the director in connection with functions relating to Vietnam veterans, and perform


Printed Page 1797 . . . . . Thursday, March 14, 2002

other duties as may be assigned by the director. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.

Reps. WILDER, CARNELL, STUART and J. BROWN proposed the following Amendment No. 167 (Doc Name council\bbm\amend\ 10884htc02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 531, by adding an appropriately numbered paragraph at the end to read:
/ 72.__ (GP: Cigarette Tax Surtax) There is imposed a surtax of twelve and one-half mills on each cigarette subject to the license tax imposed pursuant to Section 12-21-620(1) of the 1976 Code during the current fiscal year. For all purposes of reporting, payment, and collection, this surtax is deemed to be imposed pursuant to Section 12-21-610 of the 1976 Code except that the revenue of one-half mill of the surtax must be credited to the general fund of the State and used for law enforcement in the manner that the General Assembly shall provide by law. The balance of the surtax must be credited to the Medicaid expansion fund established pursuant to Section 44-6-155 of the 1976 Code. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. WILDER explained the amendment.

Rep. LITTLEJOHN spoke in favor of the amendment.

Rep. WITHERSPOON moved to table the amendment.

Rep. WILDER demanded the yeas and nays which were taken, resulting as follows:

Yeas 73; Nays 36

Those who voted in the affirmative are:

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Bingham                Campsen                Cato

Printed Page 1798 . . . . . Thursday, March 14, 2002

Chellis                Clyburn                Coates
Cobb-Hunter            Cooper                 Cotty
Davenport              Delleney               Easterday
Edge                   Fleming                Gourdine
Harrell                Harrison               Harvin
Hayes                  Hinson                 Huggins
Jennings               Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Lee
Limehouse              Lourie                 Lucas
McCraw                 McGee                  Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.H.             Neilson                Ott
Owens                  Perry                  Quinn
Rhoad                  Rice                   Riser
Sandifer               Scarborough            Sharpe
Simrill                Smith, D.C.            Smith, F.N.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Thompson               Townsend               Tripp
Trotter                Webb                   White
Wilkins                Witherspoon            Young, A.
Young, J.

Total--73

Those who voted in the negative are:

Breeland               Brown, J.              Dantzler
Emory                  Freeman                Frye
Gilham                 Govan                  Hamilton
Haskins                Hines, J.              Hines, M.
Hosey                  Leach                  Littlejohn
Lloyd                  Loftis                 Mack
Martin                 McLeod                 Neal, J.M.
Parks                  Rivers                 Rodgers
Scott                  Sheheen                Sinclair


Printed Page 1799 . . . . . Thursday, March 14, 2002

Smith, G.M.            Stille                 Stuart

Talley                 Vaughn                 Walker
Weeks                  Whipper                Wilder

Total--36

So, the amendment was tabled.

SPEAKER IN CHAIR

Rep. PARKS proposed the following Amendment No. 298 (Doc Name council\DKA\amend\4778mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 531, by adding an appropriately numbered paragraph at the end to read:
/ 72.__ (GP: Cigarette Tax Surtax) There is imposed a surtax of ten mills on each cigarette subject to the license tax imposed pursuant to Section 12-21-620(1) of the 1976 Code during the current fiscal year. For all purposes of reporting, payment, and collection, this surtax is deemed to be imposed pursuant to Section 12-21-610 of the 1976 Code except that the revenue derived from the surtax must be credited to the Medicaid expansion fund established pursuant to Section 44-6-155 of the 1976 Code. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. PARKS explained the amendment.

Rep. SHARPE moved to table the amendment.

Rep. PARKS demanded the yeas and nays which were taken, resulting as follows:

Yeas 74; Nays 23

Those who voted in the affirmative are:

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Bingham                Brown, R.              Campsen
Cato                   Chellis                Coates

Printed Page 1800 . . . . . Thursday, March 14, 2002

Cooper                 Cotty                  Davenport
Delleney               Easterday              Edge
Fleming                Freeman                Gourdine
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hayes
Hinson                 Huggins                Jennings
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Law
Leach                  Limehouse              Lourie
Lucas                  McCraw                 McGee
Meacham-Richardson     Merrill                Miller
Neilson                Ott                    Owens
Perry                  Quinn                  Rhoad
Rice                   Riser                  Sandifer
Scarborough            Sharpe                 Simrill
Smith, D.C.            Smith, F.N.            Smith, J.R.
Smith, W.D.            Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Webb                   Weeks
White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--74

Those who voted in the negative are:

Breeland               Brown, J.              Emory
Frye                   Gilham                 Govan
Hines, J.              Hines, M.              Hosey
Lee                    Lloyd                  Mack
Martin                 McLeod                 Moody-Lawrence
Neal, J.M.             Parks                  Rivers
Rodgers                Scott                  Stille
Stuart                 Wilder

Total--23

So, the amendment was tabled.

Reps. CARNELL and WILDER proposed the following Amendment No. 336 (Doc Name council\bbm\amend\10903htc02.doc), which was tabled:


Printed Page 1801 . . . . . Thursday, March 14, 2002

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 531, by adding an appropriately numbered paragraph at the end to read:
/ 72.__ (GP: Cigarette Tax Surtax) There is imposed a surtax of one mill on each cigarette subject to the license tax imposed pursuant to Section 12-21-620(1) of the 1976 Code during the current fiscal year. For all purposes of reporting, payment, and collection, this surtax is deemed to be imposed pursuant to Section 12-21-610 of the 1976 Code except that the revenue of this surtax must be used to provide matching funds for Medicaid nursing home beds. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. WILDER explained the amendment.

Rep. WITHERSPOON moved to table the amendment.

Rep. MCLEOD demanded the yeas and nays which were taken, resulting as follows:

Yeas 73; Nays 20

Those who voted in the affirmative are:

Allison                Bales                  Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Coates
Cooper                 Cotty                  Davenport
Delleney               Easterday              Edge
Fleming                Freeman                Frye
Gilham                 Gourdine               Hamilton
Harrell                Harrison               Harvin
Haskins                Hayes                  Hines, J.
Hinson                 Huggins                Jennings
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Lourie                 Lucas
McCraw                 McGee                  Meacham-Richardson
Merrill                Neilson                Ott
Owens                  Perry                  Quinn
Rhoad                  Rice                   Rodgers
Sandifer               Scarborough            Sharpe

Printed Page 1802 . . . . . Thursday, March 14, 2002

Simrill                Smith, D.C.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Thompson
Townsend               Tripp                  Trotter
Vaughn                 Weeks                  White
Wilkins                Witherspoon            Young, A.
Young, J.

Total--73

Those who voted in the negative are:

Allen                  Breeland               Brown, J.
Emory                  Hosey                  Lee
Lloyd                  Loftis                 Mack
McLeod                 Miller                 Moody-Lawrence
Neal, J.M.             Parks                  Rivers
Smith, F.N.            Stille                 Stuart
Webb                   Wilder

Total--20

So, the amendment was tabled.

Rep. CAMPSEN proposed the following Amendment No. 338 (Doc Name council\pt\amend\1847dw02.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 531, paragraph 72., by adding after line 29 an appropriately numbered paragraph to read:
/     72. .   (GP: Accommodations Tax)   For Fiscal year 2002-2003 the term 'day visitor' for the purposes of the accommodations tax or 'day visitors' means a person or persons who travel outside their usual environment or community of residence to engage in leisure or recreational activity in another environment or community, but who do not spend a night in that other environment or community. The funds levied pursuant to the accommodations tax received by a county or municipality which has a high concentration of tourism activity may be used to provide additional county and municipal services including, but not limited to, law enforcement, traffic control, public facilities, and highway and street maintenance, as well as the continual promotion of tourism. The funds must not be used as an additional source of revenue to provide services normally provided by the county or municipality but to promote tourism and enlarge its economic benefits through


Printed Page 1803 . . . . . Thursday, March 14, 2002

advertising, promotion, and providing those facilities and services which enhance the ability of the county or municipality to attract and provide for tourists and for day visitors to a municipality that experiences a high number of day visitors relative to its number of tourists, such as a beach community that experiences high numbers of day visitors on weekends and holidays. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. CAMPSEN explained the amendment.

POINT OF ORDER

Rep. KNOTTS raised the Point of Order that Amendment No. 338 was out of order under Rule 5.3B in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. EASTERDAY proposed the following Amendment No. 339 (Doc Name h-wm\007\school 6.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISION, page 531, after line 29, by adding an appropriately numbered paragraph to read:
/The State Department of Education is directed to conduct a study of the feasibility of using funding provided by the U.S. Department of Education's Magnet Schools Assistance Program to strengthen school programs in South Carolina and report back to the General Assembly by december 1, 2002./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. EASTERDAY explained the amendment.

POINT OF ORDER

Rep. MCLEOD raised the Point of Order that Amendment No. 339 was out of order under Rule 5.3B in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

The amendment was then adopted.


Printed Page 1804 . . . . . Thursday, March 14, 2002

Reps. HARRELL, WILKINS, QUINN, RICE and LITTLEJOHN proposed the following Amendment No. 5 Doc Name h-wm\001\tobaccofundsall5.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 527, paragraph 96, lines 30-35, by striking the paragraph in its entirety and inserting / 72.96 (GP: Healthcare Tobacco Settlement Trust Fund Transfer) Notwithstanding any other provision of law, for FY 2002-2003 only, and contingent upon the approval of the Tobacco Settlement Revenue Management Authority and parties to the trust agreement, an amount equal to $100 million must be transferred from the unrestricted taxable proceeds portion of the principal of the Healthcare Tobacco Settlement Trust Fund established pursuant to Section 11-11-170(B)(1) of the 1976 Code to the following agency and used for the purposes stated: J02-Department of Health and Human Services: South Carolina Seniors' Prescription Drug Program ("SilverCard") Annualization and Growth $23,200,000; Medicaid Nursing Homes $1,319,300; J12-Department of Mental Health: $4,000,000; and J02-Department of Health and Human Services: $71,480,700 to be expended for Medicaid Match and to reimburse nursing home facilities for any franchise fees paid in fiscal year 2001-2002 and up to $7,500,000 needed to continue the nursing home rate increases made possible by the annual franchise fee on nursing homes implemented by the joint resolution of 2002 bearing ratification number 176. The joint resolution of 2002, which imposed an annual franchise fee on nursing homes and bearing ratification number 176 is repealed./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARRELL explained the amendment.
The amendment was then adopted.

Rep. CAMPSEN proposed the following Amendment No. 340 (Doc Name council\pt\amend\1847dw02.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 531, paragraph 72., by adding after line 29 an appropriately numbered paragraph to read:
/     72. .   (GP: Accommodations Tax)   For Fiscal year 2002-2003 the term 'day visitor' for the purposes of the accommodations tax or 'day visitors' means a person or persons who travel outside their usual environment or community of residence to engage in leisure or


Printed Page 1805 . . . . . Thursday, March 14, 2002

recreational activity in another environment or community, but who do not spend a night in that other environment or community. The funds levied pursuant to the accommodations tax received by a county or municipality which has a high concentration of tourism activity may be used to provide additional county and municipal services including, but not limited to, law enforcement, traffic control, public facilities, and highway and street maintenance, as well as the continual promotion of tourism. The funds must not be used as an additional source of revenue to provide services normally provided by the county or municipality but to promote tourism and enlarge its economic benefits through advertising, promotion, and providing those facilities and services which enhance the ability of the county or municipality to attract and provide for tourists and for day visitors to a municipality that experiences a high number of day visitors relative to its number of tourists, such as a beach community that experiences high numbers of day visitors. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. CAMPSEN explained the amendment.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 340 was out of order under Rule 5.3B in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Section 72, as amended, was adopted.

SECTION 64

Section 64 was adopted.

PART IA

SECTION 7--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 7 was adopted was taken up and agreed to.

Reps. RICE and QUINN proposed the following Amendment No. 84 (Doc Name h-wm\002\vr 900k appropr.doc), which was adopted:


Printed Page 1806 . . . . . Thursday, March 14, 2002

Amend the bill, as and if amended, Part IA, Section 7, VOCATIONAL REHABILITATION, page 86, line 12, opposite /other operating expenses/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

900,000     900,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RICE explained the amendment.
The amendment was then adopted.

Reps. QUINN and RICE proposed the following Amendment No. 85 (Doc Name h-wm\002\delete blind$.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 7, VOCATIONAL REHABILITATION, page 87, line 35, opposite /commissioners/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

85,260       85,260

(1.00)       (1.00)
Amend the bill further, as and if amended, page 87, line 37, opposite /classified positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

117,915     117,915

(4.47)       (4.47)
Amend the bill further, as and if amended, page 87, line 39, opposite /other personal services/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

1,507       1,507
Amend the bill further, as and if amended, page 88, line 3, opposite /other operating expenses/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

88,385       18,385
Amend the bill further, as and if amended, page 88, line 9, opposite /classified positions/ by decreasing the amount(s) in Columns 5 and 6 by:


Printed Page 1807 . . . . . Thursday, March 14, 2002

Column 5   Column 6

3,094,417   559,654

(102.53)     (20.94)
Amend the bill further, as and if amended, page 88, line 11, opposite /other personal services/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

458,936     28,096
Amend the bill further, as and if amended, page 88, line 14, opposite /other operating expenses/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

1,090,405   154,463
Amend the bill further, as and if amended, page 88, line 16, opposite /public assistance payments/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

1,901,685   136,685
Amend the bill further, as and if amended, page 88, line 23, opposite /classified positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

276,060     276,060

(15.37)       (10.37)
Amend the bill further, as and if amended, page 88, line 25, opposite /other personal services/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

143,463
Amend the bill further, as and if amended, page 88, line 28, opposite /other operating expenses/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

117,792     66,005
Amend the bill further, as and if amended, page 88, line 30, opposite /independent living/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

20,000       20,000
Amend the bill further, as and if amended, page 88, line 33, opposite /public assistance payments/ by decreasing the amount(s) in Columns 5 and 6 by:


Printed Page 1808 . . . . . Thursday, March 14, 2002

Column 5   Column 6

607,838     521,838
Amend the bill further, as and if amended, page 89, line 1, opposite /classified positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

278,510     251,470

(13.13)       (12.13)
Amend the bill further, as and if amended, page 89, line 5, opposite /other operating expenses/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

89,399       89,399
Amend the bill further, as and if amended, page 89, line 7, opposite /public assistance payments/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

55,000       55,000
Amend the bill further, as and if amended, page 89, line 17, opposite /employer contributions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

1,063,511   319,255
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RICE explained the amendment.
The amendment was then adopted.

Section 7, as amended, was adopted.

SECTION 50--MOTION TO RECONSIDER TABLED

The motion of Rep. HARRELL to reconsider the vote whereby Section 50 was adopted was taken up.

Rep. HARRELL moved to table the motion to reconsider, which was agreed to.


Printed Page 1809 . . . . . Thursday, March 14, 2002

SECTION 56C--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 56C was adopted was taken up and agreed to.

Rep. HUGGINS proposed the following Amendment No. 87 (Doc Name h-wm\002\gov ccrs.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 56C, GOVERNOR'S OFFICE - EXECUTIVE POLICY & PROGRAMS, page 282, lines 21-22, opposite /classified positions/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

104,900     104,900

(3.00)       (3.00)
Amend the bill further, as and if amended, page 282, line 25, opposite /other operating expenses/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

15,750       15,750
Amend the bill further, as and if amended, page 282, lines 27-28, opposite /children's case resolution system/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

134,471     134,471
Amend the bill further, as and if amended, page 287, line 23, opposite /employer contributions/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

26,225       26,225
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

Section 56C, as amended, was adopted.

SECTION 63B--MOTION TO RECONSIDER TABLED

The motion of Rep. HARRELL to reconsider the vote whereby Section 63B was adopted was taken up.


Printed Page 1810 . . . . . Thursday, March 14, 2002

Rep. KNOTTS moved to table the motion to reconsider, which was agreed to.

PART IB

SECTION 9--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 9 was adopted was taken up and agreed to.

Reps. QUINN and RICE proposed the following Amendment No. 329 Doc Name h-wm\002\dhec waiver.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 417, after line 4, by adding an appropriately numbered paragraph to read: /(DHEC: Medicaid Waiver Start-Up) Of the $2 million in funds appropriated to the department in IA of this act for Medicaid Waiver Start-up, up to $1.2 million must be used by the department to improve the quality of care and the equity of funding for nursing homes./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. QUINN explained the amendment.
The amendment was then adopted.

Section 9, as amended, was adopted.

SECTION 50--MOTION TO RECONSIDER TABLED

The motion of Rep. HARRELL to reconsider the vote whereby Section 50 was adopted was taken up.

Rep. HARRELL moved to table the motion to reconsider.

Rep. JENNINGS demanded the yeas and nays which were taken, resulting as follows:

Yeas 66; Nays 31

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Coates

Printed Page 1811 . . . . . Thursday, March 14, 2002

Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Gilham                 Hamilton               Harrell
Harrison               Haskins                Hinson
Huggins                Keegan                 Kelley
Klauber                Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Martin
McGee                  Meacham-Richardson     Merrill
Owens                  Perry                  Rice
Riser                  Rodgers                Sandifer
Scarborough            Sharpe                 Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.R.            Stille                 Stuart
Talley                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   White
Wilkins                Witherspoon            Young, J.

Total--66

Those who voted in the negative are:

Allen                  Bales                  Brown, R.
Clyburn                Coleman                Emory
Freeman                Gourdine               Govan
Harvin                 Hayes                  Hines, M.
Hosey                  Jennings               Kirsh
Knotts                 Lee                    Lourie
Mack                   McCraw                 McLeod
Miller                 Moody-Lawrence         Neal, J.M.
Parks                  Rivers                 Scott
Sheheen                Smith, F.N.            Smith, J.E.
Weeks

Total--31

So, the motion to reconsider was tabled.


Printed Page 1812 . . . . . Thursday, March 14, 2002

SECTION 53C--MOTION TO RECONSIDER TABLED

The motion of Rep. HARRELL to reconsider the vote whereby Section 53C was adopted was taken up.

Rep. LIMEHOUSE moved to table the motion to reconsider, which was agreed to.

SECTION 63--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 63 was adopted was taken up and agreed to.

AMENDMENT NO. 324--RECONSIDERED AND TABLED

Rep. KELLEY moved to reconsider the vote whereby Amendment No. 324 was adopted, which was agreed to.

Rep. BOWERS proposed the following Amendment No. 324 (Doc Name h-wm\003\63-vet home 2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 491, After line 2, by adding an appropriately numbered paragraph to read:
/(BCB: Veteran's Nursing Home Funding) From funds appropriated or authorized to the Budget and Control Board, $2,590,000 shall be provided in FY 02-03 To the Colleton County Veterans Nursing Home Project. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KELLEY spoke against the amendment.
Rep. BOWERS spoke in favor of the amendment.

Rep. KELLEY moved to table the amendment.

Rep. JENNINGS demanded the yeas and nays which were taken, resulting as follows:

Yeas 52; Nays 48

Those who voted in the affirmative are:

Allison                Altman                 Barrett
Bingham                Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Delleney               Easterday

Printed Page 1813 . . . . . Thursday, March 14, 2002

Fleming                Frye                   Gilham
Hamilton               Harrell                Harrison
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Koon
Law                    Leach                  Limehouse
Littlejohn             McCraw                 Merrill
Moody-Lawrence         Perry                  Quinn
Rice                   Riser                  Rodgers
Sandifer               Scarborough            Sharpe
Sinclair               Smith, D.C.            Smith, J.R.
Smith, W.D.            Stille                 Stuart
Townsend               Vaughn                 Walker
Webb                   White                  Wilkins
Young, A.

Total--52

Those who voted in the negative are:

Allen                  Bales                  Breeland
Brown, R.              Clyburn                Coates
Coleman                Davenport              Edge
Emory                  Freeman                Gourdine
Govan                  Harvin                 Haskins
Hayes                  Hines, J.              Hines, M.
Hosey                  Jennings               Klauber
Knotts                 Lee                    Lloyd
Lourie                 Lucas                  Mack
Martin                 McLeod                 Meacham-Richardson
Miller                 Neal, J.M.             Owens
Parks                  Rivers                 Scott
Sheheen                Simrill                Smith, F.N.
Smith, G.M.            Smith, J.E.            Talley
Taylor                 Thompson               Tripp
Trotter                Weeks                  Young, J.

Total--48

So, the amendment was tabled.

Rep. BOWERS proposed the following Amendment No. 337 (Doc Name council\DKA\amend\4789dc02.doc), which was adopted:


Printed Page 1814 . . . . . Thursday, March 14, 2002

Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 491, after line 2, by adding an appropriately numbered paragraph to read:
/(Colleton County Veterans Nursing Home) Of the funds appropriated to the Budget and Control Board for the State engineering function, the Board shall review the project for a 280 bed veteran nursing home facility in Colleton County. The General Assembly finds that a 280 bed veteran nursing home is in the best interests of this State and commits to this project. The Board may notify the U. S. Department of Veteran Affairs of this support. To the extent that additional funding is needed to meet expenses before the end of the fiscal year, the Board shall assist in identifying the necessary funding. It is the intent that this project begin as soon as practicable. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BOWERS explained the amendment.

Rep. KELLEY spoke against the amendment.
Rep. RICE spoke in favor of the amendment.
The amendment was then adopted.

Section 63, as amended, was adopted.

MOTION ADOPTED

Rep. HARRELL moved to table all pending motions to reconsider, which was agreed to.

Rep. OTT spoke against the Bill.
Rep. QUINN spoke in favor of the Bill.
Rep. SCOTT spoke against the Bill.
Rep. J. H. NEAL spoke against the Bill.
Rep. GOVAN spoke against the Bill.
Rep. JENNINGS spoke against the Bill.
Rep. HARRELL spoke in favor of the Bill.

The question then recurred to the passage of the Bill, as amended, on second reading.


Printed Page 1815 . . . . . Thursday, March 14, 2002

Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:

Yeas 75; Nays 36

Those who voted in the affirmative are:

Allison                Altman                 Barrett
Bingham                Bowers                 Campsen
Cato                   Chellis                Coates
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Edge
Fleming                Frye                   Gilham
Hamilton               Harrell                Harrison
Haskins                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Lloyd                  Loftis
Lucas                  Martin                 McCraw
McGee                  Meacham-Richardson     Merrill
Neilson                Owens                  Parks
Perry                  Quinn                  Rhoad
Rice                   Riser                  Rodgers
Sandifer               Scarborough            Sharpe
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   White                  Wilkins
Witherspoon            Young, A.              Young, J.

Total--75

Those who voted in the negative are:

Allen                  Bales                  Barfield
Breeland               Brown, R.              Clyburn
Cobb-Hunter            Coleman                Davenport
Emory                  Freeman                Gourdine
Govan                  Harvin                 Hayes
Hines, J.              Hines, M.              Hosey
Jennings               Lee                    Lourie

Printed Page 1816 . . . . . Thursday, March 14, 2002

Mack                   McLeod                 Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Rivers                 Scott
Sheheen                Smith, J.E.            Stille
Stuart                 Weeks                  Whipper

Total--36

So, the Bill, as amended, was read the second time and ordered to third reading.

STATEMENT FOR THE JOURNAL

We are pleased that the House recognized the inadequacies of the Ways & Means budget as it related to funding for public education and health care for our children and seniors and made some progress. However, these efforts fell woefully short of protecting our citizens and maintaining the progress we have made in this State.
Funding for our premier early childhood program, First Steps, was reduced by forty percent.
Despite increasing funding for health care above the committee recommendation, the House budget still dictates cuts in health care for our children and elderly.
The lottery provision, which should have been debated in separate legislation, failed to meet the expectations of our citizens when they approved the lottery. Lottery funds must be used to provide free technical education for any worker desiring to improve his or her skills. In addition the lottery should also provide needs-based scholarships and tuition grants for deserving families.
Finally, this budget sets the unacceptable precedent of raiding the pension plans for our employees, teachers, police officers and firefighters.
Because we consider the provisions so egregious, we had no choice but to vote against the budget.
Rep. Douglas Jennings, Jr.
Rep. James E. Smith, Jr.
Rep. Joel Lourie
Rep. Bessie Moody-Lawrence
Rep. Vida Miller
Rep. Jackie Hayes
Rep. Walt McLeod
Rep. Jerry Govan
Rep. Jim Battle


Printed Page 1817 . . . . . Thursday, March 14, 2002

H. 4878-THE GENERAL APPROPRIATION BILL
STATEMENTS FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 44, 51, 46, 38, 13, 43, 55, 47, 36, 5KA and JUA

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. KARL ALLEN

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 43, 64, 42, 50, 30, 55, 9 and 29

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. CHIP CAMPSEN


Printed Page 1818 . . . . . Thursday, March 14, 2002

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Section 51

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. MARTY COATES

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Sections 44, 51, 46, 38, 13, 43, 55, 47, 36, 5KA and JUA

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.


Printed Page 1819 . . . . . Thursday, March 14, 2002

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. CREIGHTON B. COLEMAN

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 9, 30, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47, 49, 50, 51, 53, 55, 62, 63, 64, 65 and 66

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. BILL COTTY

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Sections 44, 51, 46, 38, 13, 43, 55, 47 and 36

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. GREG DELLENEY

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment


Printed Page 1820 . . . . . Thursday, March 14, 2002

because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 8, 53, 43 and 55

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. MIKE EASTERDAY

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section 1, Amendment 79

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. JERRY GOVAN

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Sections 49, 55 and 64 and Part IB, Sections 49, 55 and 64

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. JAMES HARRISON

**************************************


Printed Page 1821 . . . . . Thursday, March 14, 2002

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Section 5J

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. LONNIE HOSEY

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Sections 44, 51, 46, 38, 13, 43, 55, 47, 36, 13 and 9

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. DOUGLAS JENNINGS, JR.

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 44, 51, 46, 38, 13, 43, 55, 47 and 36

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. JAY LUCAS

**************************************


Printed Page 1822 . . . . . Thursday, March 14, 2002

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section 9

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. DAVID MACK III

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Section 5L, Winthrop University

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. BESSIE MOODY-LAWRENCE

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment


Printed Page 1823 . . . . . Thursday, March 14, 2002

because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 44, 51, 46, 38, 13, 43, 55, 47 and 36

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. THAYER RIVERS, JR.

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 44, 54, 46, 38, 13, 43, 55, 47, 36 and 5K

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. VINCENT SHEHEEN

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 43, and 43.1-43.4

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. PHILLIP SINCLAIR

**************************************


Printed Page 1824 . . . . . Thursday, March 14, 2002

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 44, 51, 46, 38, 13, 43, 55, 47, 36, 5KA and JUA

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. FLETCHER SMITH, JR.

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 44, 51, 46, 38, 13, 43, 55, 47, 36, 8, linee 22, 35, 38, 36 and 63-001 VIII

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. G. MURRELL SMITH, JR.

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Sections 44, 51, 46, 38, 13, 43, 55, 47 and 36

The reason for abstaining on the above referenced legislation is:


Printed Page 1825 . . . . . Thursday, March 14, 2002

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. JAMES E. SMITH, JR.

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 55, 38, 43, 50, 53, 36, 30 and 51 and all amendments on these Sections

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. J. DAVID WEEKS

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 38, 42, 43, 51 and 66
The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. DAVID H. WILKINS

**************************************


Printed Page 1826 . . . . . Thursday, March 14, 2002

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Sections 44, 51, 46, 38, 13, 43, 55, 47 and 36

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. JEFFREY YOUNG

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H. 4879--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4879 (Word version) -- Ways and Means Committee: A BILL TO ENACT THE BUDGET PROVISO CODIFICATION ACT.-ABBREVIATED TITLE

STATEMENT BY REP. HARRELL

Rep. HARRELL gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.

Rep. HARRELL proposed the following Amendment No. 2 (Doc Name COUNCIL\PT\AMEND\1844DW02), which was adopted:
Amend the bill, as and if amended, page 49, line 29, by striking SECTION 3 and inserting:
/ SECTION   3.   For the current fiscal year, described funds from the Education Lottery Account, including net proceeds from multi-state lottery games, must be appropriated as prescribed to the following education purposes and programs and transferred by the Budget and Control Board as directed below. These appropriations must be used to supplement and not supplant existing funds for education. Distributions from the Education Lottery Account must be made on a quarterly basis by the last day of January, April, July, and October of each year, beginning in July 2002 if the account has accrued more than $35,000,000 in net proceeds by that date. The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education


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Lottery Account as listed in this provision. Of the net proceeds from the Education Lottery Account: $23,903,683 must be appropriated for Education Accountability Act Initiatives including homework centers ($1,598,440); retraining grants ($4,737,000); external review teams ($1,516,872); teacher specialists ($12,781,069); principal specialists ($2,270,302); and Palmetto Gold and Silver Awards Program ($1,000,000). $30,000,000 must be used to fund endowed research chairs for the current fiscal year as follows: There is created the Research Centers of Excellence Review Board (board). The board shall consist of nine members. Of the nine members, three must be appointed by the Governor, three must be appointed by the President Pro Tempore of the Senate, and three must be appointed by the Speaker of the House of Representatives. The terms of members are three years, and members are eligible to be appointed for no more than two additional terms. Of the members initially appointed by the Governor, the President Pro Tempore, and the Speaker of the House, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years, the initial term of each member to be designated by the Governor, President Pro Tempore, and Speaker of the House when making the appointments. The Governor, the President Pro Tempore, and the Speaker of the House shall appoint persons with substantial experience in business, law, accounting, technology, manufacturing, engineering, education, or other professions and experience which provide an understanding of the purposes of this section. The board shall: recommend annually to the State Budget and Control Board for approval a schedule by which applications for funding are received and awarded on a competitive basis; and provide an annual report to the State Budget and Control Board, which shall include an audit performed by an independent auditor. The presidents of the senior research universities, Clemson University, the Medical University of South Carolina, and the University of South Carolina, shall serve as ex officio nonvoting members of the board. There is created the Research Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account in the amounts provided by the General Assembly. The fund must be managed by the State Treasurer, subject to awards from the endowment. Interest earnings of the endowment fund must remain in the fund. The senior research universities, Clemson University, the Medical University of South Carolina, and the University of South Carolina, individually, in conjunction with one or more other senior

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research universities or with other South Carolina higher education institutions, may make application for awards from the endowment. An application for an award from the endowment shall: provide to the board documentation of matching funds in an amount equal to the amount for which application is made; provide to the board documentation that all matching funds have been committed and raised exclusively from sources other than South Carolina tax dollars, and that the funds have been committed and raised after January 1, 2002; be in an amount of not less than two million dollars and not more than five million dollars; document that the application has significant potential to provide for enhanced economic development for the citizens of South Carolina in a specified knowledge-based industry or field of commerce; and, provide specific partnering activities with other institutions, businesses, or the community. Upon a determination by the board that the application meets the required criteria, the board shall appoint a panel of experts chosen from outside South Carolina for their expertise in the respective research field to review the application. The members appointed to the panel shall have no affiliation with the senior research universities. The panel will convene in the State to review the proposals and to conduct site visits to ensure that appropriate research infrastructure exists at the applying university. The panel shall make a report and recommendation to the board as to the merits of the application not more than ninety days after submission to the panel. The board shall then make a determination as to whether or not to award the matching funds and the amount of the award. Staff and support for the operations of the board and the panels must be provided by the State Budget and Control Board. The State Budget and Control Board shall approve all necessary funds for the prudent operation of the board, including per diem, subsistence, and mileage expenses of board members as provided by law for members of state boards, committees, and commissions. The expenditures authorized by this section must be provided from the fund created by these provisions upon approval by the State Budget and Control Board; $42,076,817 must be used to fund an increase attributable to enhanced LIFE Scholarship awards in the current fiscal year to a maximum level of $4,500 a year. Notwithstanding another provision to the contrary, in school year 2002-03, the annual amount of a LIFE Scholarship for an eligible resident student attending a public or independent four-year institution is the cost of tuition for thirty credit hours a year or its equivalent plus a $300 a year book allowance. Tuition for this purpose means the amount charged for registering for credit hours of instruction

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and does not include other fees, charges, or costs of textbooks and may not exceed $4,200 per student for the year, plus a $300 book allowance, for a maximum LIFE Scholarship for an eligible student in the amount of $4,500 for the year. Two-year Technical College students eligible for LIFE Scholarships shall also receive a $300 book allowance. Notwithstanding any other provision of law, eligibility in the current fiscal year does not require enrollment in an eligible institution within two years of graduating from high school. $3,500,000 must be used to provide Palmetto Fellows Scholarships to all eligible applicants in the amount of $5,500 each. $27,519,500 to the State Board of Education must be used to implement programs in kindergarten through fifth grades for reading, mathematics, social studies, and science to enhance student achievement in these areas. Of the reading, mathematics, social studies, and science programs appropriation, $500,000 must be used for teacher in-service training and professional development related to Project Read. $18,500,000 must be used for ETV Digitalization. $35,000,000 must be used for the purchase of new school buses to include six school buses, appropriately equipped, for the school for the deaf and blind, and the repair of existing school buses. Of the allocation for the purchase of new school buses, two new nineteen passenger activity buses shall be purchased for John De La Howe. $13,700,000 to the Commission on Higher Education must be used for a College Technology Investment Matching Grant Program to fund matching grants for technology infrastructure including, but not limited to, connectivity, upgrade, hardware, software, management, maintenance, installation, and training at this state's public four-year and two-year institutions of higher learning, branches of the USC, and technical schools, as defined in Sections 59-103-15(B)(2), (3), and (4), not to include the state's three senior research universities, the Medical University of South Carolina, the University of South Carolina, and Clemson University, such funds to be divided equally between the four-year and two-year institutions to which it applies in the aggregate and the state's technical and comprehensive educational system. The State Technical and Comprehensive Education System for this matching grant program is further clarified to include also the 16 individual technical colleges on an institution by institution basis. The monies must be allocated to the Commission on Higher Education for distribution in the amount of at least $100,000 to eligible institutions according to a competitive application process based on objective criteria developed by the Commission on Higher Education, which includes a certification from

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the applicant that the matching funds from a non-state appropriated source are in hand. Up to one percent of the allocated amount may be used by the Commission on Higher Education to fund its administration of the program. The South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi-state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize redemption, and other details of the commission's participation in the multi-state lottery games must be governed by the terms of the agreement entered into by the commission. For purposes of this provision, the lottery games that may be subject to a multi-state participation agreement by the commission are those defined at Section 59-150-20(7). Further, the multi-state tickets and products may be sold only through a licensed lottery retailer, pursuant to Section 59-150-150, or through the commission. An amount up to and including the first one million dollars of unclaimed prize money as described in Section 59-150-230(I) is appropriated to the South Carolina Department of Alcohol and Other Drug Abuse Services (DAODAS) or an established nonprofit public or private agency recognized as an affiliate of the National Council on Problem Gambling to receive monies for the prevention and treatment of compulsive gambling disorder and educational programs related to that disorder, including a gambling hotline, which must be used for prevention programs including, in part or in totality, mass media communications. The State Budget and Control Board may contract with any combination of agencies, including a combination that includes DAODAS, that meets the criteria for treatment of compulsive gambling disorder and educational programs related to that disorder, including a gambling hotline for these services with these funds. The director of the selected agency or agencies must report to the board on programs implemented and persons served. Remaining unclaimed prize monies are appropriated to the Department of Education for the purchase of new school buses. The legislative intent for a long-term funding commitment to the education programs initiated from lottery proceeds requires a temporary deferral in the implementation of the programs established in Section 59-150-360 and Section 59-150-370. These sections are not funded for the 2002-03 fiscal year. This provision constitutes the entire appropriation of net lottery proceeds and implementation of lottery programs for FY 2002-03. Of the additional net proceeds that may be generated by multi-state lottery games, $6,000,000 must be appropriated to the College and University

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Technology Grant Program and funds must be awarded to the branches of the University of South Carolina and public four-year universities, excluding the University of South Carolina-Columbia, Clemson University, and the Medical University of South Carolina. Grants must be available for award to institutions with grant proposals supporting the development of technology or technology infrastructure, or both. The review process, to include the awarding of grants, is as determined by the
Commission on Higher Education; $2,000,000 to the Higher Education Tuition Grants Commission to be used for tuition grants; $1,500,000 to the South Carolina State Library to be allocated for county public library aid; $1,500,000 to the Commission on Higher Education to be used for the National Guard Tuition Repayment Program; $2,000,000 to the State Board for Technical and Comprehensive Education Technology Grant Program to be used for technology upgrades across the TEC system; and the remainder to the Department of Education to be used to enhance reading, mathematics, social studies, and science programs and student achievement in grades K-5. Appropriations made in this provision are declared to be maximum, conditional, and proportionate, the purpose being to authorize expenditures for educational purposes and programs in amounts not to exceed the amounts named in this provision, but only if the aggregate revenues available in the Education Lottery Account during the period for which the appropriations are made are sufficient to pay them in full. The State Budget and Control Board is directed to survey the progress of the collection of revenue and the expenditure of funds in the Education Lottery Account. If the State Budget and Control Board determines that a year-end aggregate deficit may occur by virtue of a projected shortfall in anticipated revenues, it shall take the necessary action to restrict the rate of expenditure for educational programs, consistent with this provision. Any institution, activity, program, item, special appropriation, or allocation for which the General Assembly has provided funding in this provision must not be discontinued, deleted, or deferred by the State Budget and Control Board. A reduction of the rate of expenditure by the State Budget and Control Board, pursuant to authority of this provision, must be applied as uniformly as is practicable, except that a reduction must not be applied to the funding of scholarships in this provision. Any unspent surplus resulting from the collection of revenues in an amount in excess of that anticipated must remain in the Education Lottery

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Account and must be allocated for and appropriated to educational purposes and programs only as determined by the General Assembly. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. HARRELL explained the amendment.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that Amendment No. 2 was out of order in that it was in violation of Article 3, Section 17 of the Constitution in that the Bill dealt with more than one subject.
SPEAKER WILKINS stated that based on Crouch v. Benet, 17S.E.2d 320 (1941) as long as a Bill relates to but one subject which shall be expressed in its title, Article 3, Section 17 must be liberally construed. He therefore overruled the Point of Order.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

Rep. HARRELL moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4906 (Word version) -- Rep. Kelley: A CONCURRENT RESOLUTION TO COMMEND BUFORD S. MABRY, JR. FOR HIS MORE THAN THIRTY THREE YEARS OF OUTSTANDING AND DEDICATED SERVICE AS AN OFFICER IN THE SOUTH CAROLINA ARMY NATIONAL GUARD, AND TO CONGRATULATE HIM ON HIS WELL-DESERVED PROMOTION TO THE RANK OF BRIGADIER GENERAL.

H. 4907 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION TO WELCOME ANDREW CUOMO, THE FORMER UNITED STATES SECRETARY OF HOUSING AND URBAN DEVELOPMENT, TO THE STATE OF SOUTH CAROLINA, AND TO COMMEND HIM FOR HIS FOUR YEARS OF OUTSTANDING AND DEDICATED SERVICE AS A CABINET SECRETARY.


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ADJOURNMENT

At 2:30 a.m. the House, in accordance with the motion of Rep. HINSON, adjourned in memory of John William McGregor, grandfather of Representative Merrill, to meet at 12:00 noon,Tuesday, March 19 in Statewide Session.

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