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:
Blessed art thou O Lord, our God, King of the Universe. Out of Your grace You have given us the great commandments that we are to have no other gods before You but instead we are to love You with our whole heart and soul, our minds and strength, and that we are to love our neighbors as ourselves. As we face the challenges of leadership take our minds and think through them and take our hearts and fill them with compassion. We ask You to keep us this day that in all our thoughts, words, and deeds, we may serve and please You. 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.
Rep. KNOTTS moved that when the House adjourns, it adjourn in memory of Michele Daniels, which was agreed to.
The following was received and referred to the appropriate committee for consideration:
Document No. 2722
Agency: Department of Labor, Licensing and Regulation, Board of Medical Examiners
Statutory Authority: 1976 Code Sections 40-1-40 and 40-47-20
Exemption for Team Physicians; Limited Practice Permitted
Received by Speaker of the House of Representatives
March 12, 2002
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration July 10, 2002 (subject to sine die revision)
Document No. 2660
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-71-10
Standards for Licensing Hospices
Received by Speaker of the House of Representatives
January 9, 2002
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 8, 2002
The following was received:
Columbia, S.C., March 12, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 597:
S. 597 (Word version) -- Senators Wilson, Grooms and Branton: A BILL TO AMEND SECTION 56-3-8000 OF THE 1976 CODE TO PROVIDE THAT PRIVATE-PASSENGER MOTOR VEHICLES OR LIGHT PICKUPS HAVING AN EMPTY WEIGHT OF SEVEN THOUSAND POUNDS OR LESS MAY OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION AND AN ORGANIZATION WHICH HAS OBTAINED CERTIFICATION UNDER SECTION 501 (C)(8) OF THE FEDERAL INTERNAL REVENUE CODE MAY OBTAIN A SPECIAL LICENSE PLATE PURSUANT TO THIS SECTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., March 12, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 504:
S. 504 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 56-3-1815, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD AND MEMBERS OF THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT AN APPLICATION FOR THE SPECIAL LICENSE PLATE MUST INCLUDE A COPY OF THE APPLICANT'S MILITARY IDENTIFICATION CARD OR OTHER EVIDENCE THAT SHOWS THE APPLICANT IS EITHER A RETIRED OR ACTIVE MEMBER OF THE SOUTH CAROLINA NATIONAL GUARD OR SOUTH CAROLINA STATE GUARD.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was introduced:
H. 4895 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION CONGRATULATING THE MARCHING BAND OF MIDLAND VALLEY HIGH SCHOOL OF AIKEN COUNTY ON BEING SELECTED TO BE A REPRESENTATIVE OF SOUTH CAROLINA IN THE 2002 INDEPENDENCE DAY PARADE IN WASHINGTON, D.C., JULY 4, 2002.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1113 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF CIVIL RIGHTS ACTIVIST AND COMMUNITY LEADER, ISAIAH BENNETT OF CHARLESTON, WHO PASSED AWAY FEBRUARY 24, 2002, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4896 (Word version) -- Rep. Quinn: A JOINT RESOLUTION INSTRUCTING THE SOUTH CAROLINA LOTTERY COMMISSION TO ENFORCE, IMMEDIATELY UPON DEFAULT OR BREACH BY A LOTTERY VENDOR OF A CONTRACT ENTERED INTO BETWEEN THE COMMISSION AND THE VENDOR, A LIQUIDATED DAMAGES PROVISION OR A PROVISION FOR LATE FINES OR PENALTIES IN THE CONTRACT, A PERFORMANCE OR BID BOND, A LETTER OF CREDIT SECURING THE PERFORMANCE OR BID, OR SPECIFIC PERFORMANCE OF THE SUBJECT CONTRACT PROVISION, AND TO PROVIDE FOR A MONTHLY REPORT TO THE STATE BUDGET AND CONTROL BOARD OF THE STATUS OF THE PERFORMANCE OF EACH CONTRACT IN EFFECT BETWEEN THE COMMISSION AND A LOTTERY VENDOR.
Referred to Committee on Ways and Means
H. 4897 (Word version) -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 94 TO TITLE 38 RELATING TO INSURANCE, SO AS TO ESTABLISH A JOINT UNDERWRITING ASSOCIATION FOR THE WRITING OF NURSING HOME INSURANCE.
Referred to Committee on Labor, Commerce and Industry
H. 4898 (Word version) -- Reps. Harrison, Jennings and J. E. Smith: A BILL TO AMEND SECTION 20-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF LEGAL COUNSEL FOR CHILDREN AND PARENTS IN ABUSE AND NEGLECT PROCEEDINGS, SO AS TO ALSO APPLY THESE APPOINTMENT PROCEDURES TO VOLUNTARY PLACEMENT PROCEEDINGS; TO AMEND SECTION 20-7-121, AS AMENDED, RELATING TO THE CREATION OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM AND COURT-APPOINTED SPECIAL ADVOCATES IN ABUSE AND NEGLECT PROCEEDINGS, SO AS TO ALSO APPLY THE APPOINTMENT OF THESE ADVOCATES TO THE EXTENSION OF VOLUNTARY PLACEMENT AGREEMENTS OR PROCEEDINGS; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILDREN'S CODE, SO AS TO REVISE THE DEFINITIONS OF AN "ABUSED OR NEGLECTED CHILD" AND "ABANDONMENT OF A CHILD" AND TO DELETE THE DEFINITION OF "AFFIRMATIVE DETERMINATION"; TO ADD SECTION 20-7-570 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO BRING A CIVIL ACTION AGAINST A PERSON WHO HAS REPORTED CHILD ABUSE OR NEGLECT MALICIOUSLY OR IN BAD FAITH; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO TAKING EMERGENCY PROTECTIVE CUSTODY OF ABUSED OR NEGLECTED CHILDREN, SO AS TO REVISE THE STANDARD FOR REMOVING OTHER CHILDREN WHO MAY BE AT RISK FROM THE HOME FROM BEING SUBJECT TO "THREAT OF HARM" TO BEING SUBJECT TO "SUBSTANTIAL RISK OF HARM" AND TO MAKE A TECHNICAL REVISION; TO AMEND SECTION 20-7-635, RELATING TO TEMPORARY CRISIS PLACEMENT FOR CHILDREN WHO ARE ABUSED OR NEGLECTED, SO AS TO DELETE THE PROVISION LIMITING SUCH PLACEMENTS TO SEVENTY-TWO HOURS; TO ADD SECTION 20-7-637 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ACCEPT A VOLUNTARY PLACEMENT OF A CHILD MADE BY THE CHILD'S PARENT OR GUARDIAN, TO REQUIRE A PLACEMENT AGREEMENT, AND TO ESTABLISH PROCEDURES FOR THE IMPLEMENTATION OF THE VOLUNTARY PLACEMENT; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING RECEIVING AND PROCESSING REPORTS OF CHILD ABUSE OR NEGLECT, SO AS TO REVISE THE CATEGORIZATION OF SUCH REPORTS, TO REVISE RECORD RETENTION PROCEDURES, AND TO REVISE CONFIDENTIALITY AND DISCLOSURE OF INFORMATION PROVISIONS; TO AMEND SECTION 20-7-655, AS AMENDED, RELATING TO THE CHILD PROTECTIVE SERVICES APPEAL PROCESS, SO AS TO ELIMINATE THE APPEALS COMMITTEE PROCESS, TO ESTABLISH THAT SUCH AN APPEAL IS A CONTESTED CASE, TO CLARIFY THAT THE PROCESS IS ONLY AVAILABLE TO PERSONS DETERMINED TO HAVE ABUSED OR NEGLECTED A CHILD, TO CLARIFY PROCEDURES FOR AN INTERIM REVIEW BEFORE A CONTESTED CASE HEARING, AND TO FURTHER SPECIFY REMOVING DATA FROM THE DEPARTMENT'S RECORDS AND THE CENTRAL REGISTRY WHEN ABUSE OR NEGLECT IS NOT FOUND; TO AMEND SECTION 20-7-670, AS AMENDED, RELATING TO JURISDICTION FOR RECEIVING AND INVESTIGATING INSTITUTIONAL CHILD ABUSE AND NEGLECT REPORTS, SO AS TO CLARIFY THAT THE DEPARTMENT OF SOCIAL SERVICES IS AUTHORIZED TO RECEIVE AND INVESTIGATE SUCH REPORTS IN CHILD DAYCARE FACILITIES AND TO FURTHER PROVIDE FOR THESE INVESTIGATIONS; TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO INFORMATION ON UNFOUNDED REPORTS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROHIBIT THE REGISTRY FROM CONTAINING ANY INFORMATION FROM UNFOUNDED REPORTS; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF RECORDS CREATED AS A PART OF A QUALITATIVE REVIEW OF A COUNTY'S CHILD WELFARE CASE FILES OR AS A RESULT OF REVIEWS CONDUCTED PURSUANT TO THE DEPARTMENT'S CHILD DEATH PROTOCOL; TO AMEND SECTION 20-7-762, AS AMENDED, RELATING TO TREATMENT PLANS FOR CHILDREN REMAINING AT HOME BUT RECEIVING PROTECTIVE SERVICES, SO AS TO CHANGE THE TERM TO "SERVICE PLAN" AND REVISE LANGUAGE TO CONFORM TO THIS TERM; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING FOR FOSTER CHILDREN, SO AS TO PROVIDE THAT SUCH PLANNING APPLIES TO FOSTER CHILDREN IN THE CUSTODY OF THE DEPARTMENT BY ANY MECHANISM, TO REVISE TIME FRAMES FOR ACCOMPLISHING PERMANENCY PLANS, AND TO REQUIRE ANNUAL COURT REVIEW OF SUCH PLANS FOR CHILDREN TEN YEARS OLD AND OLDER AND BIANNUALLY FOR CHILDREN UNDER TEN YEARS OF AGE; TO AMEND SECTION 20-7-768, RELATING TO EXEMPTIONS FROM TERMINATION OF PARENTAL RIGHTS, SO AS TO CONFORM CROSS REFERENCES AND LANGUAGE TO OTHER AMENDMENTS MADE IN THIS ACT; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO INCLUDE AS A GROUND FOR TERMINATION A CHILD RESIDING IN FOSTER CARE FOR ONE HUNDRED EIGHTY DAYS AND THAT THE CONDITION THAT LED TO FOSTER CARE STILL EXISTS; TO AMEND SECTION 20-7-1642, AS AMENDED, TO ADD SECTION 20-7-2265, AND TO AMEND SECTIONS 20-7-2725, 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2900, AND 20-7-3097, ALL AS AMENDED, AND ALL RELATING TO CRIMINAL HISTORY BACKGROUND CHECKS, SO AS TO PROVIDE THAT WHEN A CRIMINAL HISTORY BACKGROUND CHECK IS REQUIRED FOR LICENSING, REGISTRATION, APPROVAL, OR RENEWAL, OR PLACEMENT OR SERVICE AS A CAREGIVER OR VOLUNTEER OR EMPLOYMENT WITH A CHILD WELFARE AGENCY, SUCH ACTIVITY MAY NOT BE PROHIBITED IF A CONVICTION, GUILTY PLEA, OR PLEA OF NOLO CONTENDERE HAS BEEN PARDONED, UNLESS OTHER CIRCUMSTANCES WARRANT PROHIBITING THE ACTIVITY; TO AMEND SECTION 20-7-3010, AS AMENDED, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES AUTHORITY TO SEEK AN INJUNCTION AGAINST A CHILD DAYCARE FACILITY, SO AS TO PROVIDE THAT SUCH AN INJUNCTION MUST BE BROUGHT IN CIRCUIT COURT, RATHER THAN FAMILY COURT; AND TO REPEAL SECTION 20-7-2920, RELATING TO SEEKING INJUNCTIONS AGAINST A CHILD DAYCARE CENTER OR GROUP DAYCARE HOME.
Referred to Committee on Judiciary
H. 4899 (Word version) -- Rep. R. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-635 SO AS TO PROVIDE FOR A ONE DOLLAR ANNUAL SURCHARGE ON ALL MOTOR VEHICLE REGISTRATION AND LICENSING FEES, AND TO PROVIDE FOR THE ALLOCATION OF THE SURCHARGE.
Referred to Committee on Education and Public Works
H. 4900 (Word version) -- Reps. G. M. Smith and J. Young: A BILL TO AMEND SECTION 41-31-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RATE OF CONTRIBUTION FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT AN EMPLOYER'S REQUIREMENT TO PAY CONTRIBUTIONS IN ACCORDANCE WITH THE PROVISIONS OF TITLE 41 TERMINATES UPON THE EMPLOYER'S ACCUMULATION OF A RESERVE BALANCE EQUAL TO TEN YEARS OF PROJECTED BENEFITS.
Referred to Committee on Ways and Means
H. 4901 (Word version) -- Rep. Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 26-1-65, SO AS TO REQUIRE A NOTARY PUBLIC TO MAINTAIN A SEQUENTIAL JOURNAL OF ALL NOTARIAL ACTS PERFORMED AND SPECIFY WHAT INFORMATION MUST BE RECORDED; TO AMEND SECTION 8-21-140 RELATING TO FEES OF A NOTARY PUBLIC, SO AS TO INCREASE AND EXPAND THE FEES; AND TO AMEND SECTION 26-3-40 RELATING TO WHAT A PERSON MUST CERTIFY WHEN TAKING AN ACKNOWLEDGMENT, SO AS TO REQUIRE "PERSONAL KNOWLEDGE" OR "SATISFACTORY EVIDENCE OF THE IDENTITY OF AN INDIVIDUAL" AND TO DEFINE THESE TERMS.
Referred to Committee on Ways and Means
H. 4902 (Word version) -- Rep. Scarborough: A BILL TO AMEND SECTION 59-121-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS OF MEMBERS ON THE BOARD OF VISITORS OF THE CITADEL, SO AS TO PROVIDE THAT NO MEMBER MAY SERVE MORE THAN TWO CONSECUTIVE TERMS.
Referred to Committee on Education and Public Works
S. 76 (Word version) -- Senators Jackson and Ford: A BILL TO AMEND CHAPTER 3, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING ARTICLE 19, SO AS TO ESTABLISH THE "SOUTH CAROLINA VIOLENCE PREVENTION AUTHORITY" AND TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO THE REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF VIOLENCE PREVENTION MOTOR VEHICLE LICENSE PLATES.
Referred to Committee on Judiciary
S. 963 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES IMPOSED FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A PERSON CONVICTED OF A FIRST OFFENSE VIOLATION OF THIS OFFENSE.
Referred to Committee on Judiciary
S. 1001 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 48-23-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNAUTHORIZED CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF PROPERTY OR SCENIC VALUES OF STATE COMMISSION OF FORESTRY LANDS, SO AS TO REVISE THE PROVISIONS RELATING TO CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF STATE COMMISSION OF FORESTRY LANDS, AND PROVIDE THAT, EXCEPT WHERE AUTHORIZED, IT IS UNLAWFUL TO DISPLAY OR CONSUME ALCOHOLIC BEVERAGES ON STATE COMMISSION OF FORESTRY LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Judiciary
S. 1010 (Word version) -- Senators Fair, Glover, Verdin, Ryberg, Giese, Anderson, Alexander, Pinckney, Branton, Short, Thomas, Martin, Ford, Patterson and Gregory: A JOINT RESOLUTION TO ESTABLISH THE TASK FORCE ON CORRECTIONS AND PROVIDE ITS MEMBERSHIP AND DUTIES AND TO PROVIDE FOR IT TO MAKE A REPORT WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AFTER WHICH THE TASK FORCE TERMINATES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 1093 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE PERSONNEL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2668, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works
The following was introduced:
H. 4903 (Word version) -- Reps. Littlejohn, Allison, Davenport, Lee, Sinclair, W. D. Smith, Talley, Vaughn, Walker and Wilder: A HOUSE RESOLUTION TO COMMEND DR. DAVID BOMAR OF SPARTANBURG COUNTY FOR HIS REMARKABLE WORK AS A TEACHER AND ADMINISTRATOR AND TO CONGRATULATE HIM ON BEING NAMED THE NATIONAL ASSISTANT PRINCIPAL OF THE YEAR FOR 2002.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, J. Brown, R. Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Hayes Hines, J. Hines, M. Hinson Keegan Kelley Kennedy Kirsh Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. 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. Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Walker Webb Weeks Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, March 13.
James Harrison Olin Phillips J.J.Snow Grady Brown Lonnie Hosey Gloria Haskins Todd Rutherford Fletcher Smith Leon Howard Denny Neilson Douglas Jennings Chip Huggins James Klauber Joseph Neal Lewis Vaughn Bill Cotty George Campsen Richard Quinn Karl Allen Ralph Davenport Michael Whatley Alex Harvin
LEAVE OF ABSENCE
The SPEAKER granted Rep. WHATLEY a temporary leave of absence.
Rep. LITTLEJOHN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, February 28.
Announcement was made that Dr. Richard M. Kline of Charleston is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3592 (Word version)
Date: ADD:
03/13/02 R. BROWN
Bill Number: H. 4769 (Word version)
Date: ADD:
03/13/02 STILLE
Bill Number: H. 4737 (Word version)
Date: REMOVE:
03/13/02 J. R. SMITH
Rep. HARRELL moved that when the House adjourns it adjourn to meet at 9:30 a.m. tomorrow, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Part IB.
PART IB
SECTION 1--AMENDED AND INTERRUPTED DEBATE
Rep. QUINN proposed the following Amendment No. 248 (Doc Name h-wm\007\bsc_increase_sf.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 365, paragraph 4, line 23, after "factor." by inserting: /The department is directed to utilize $21,753,260 of state funds appropriated in accordance with Section 59-152-10 et seq. of the SC Code of Laws as well as any state funds brought forward in accordance with Section 59-152-140 of the SC Code of Laws for the purpose of increasing the base student cost. The base student cost shall be adjusted to reflect the increased appropriation as provided in this proviso./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. QUINN explained the amendment.
Rep. J. E. SMITH raised the Point of Order that Amendment No. 248 was out of order in that the Part IB proviso attempted to change a line item in a section of the appropriation bill that had been previously adopted and therefore was in violation of Rule 5.3B.
Rep. QUINN argued contra.
SPEAKER WILKINS stated that on March 18, 2000, a similar Point of Order was raised. In that ruling, the amendment attempted to amend a clinched section not merely an adopted section and was ruled out of order. The Speaker stated that in that ruling a distinction was determined between provisos attempting to amend clinched sections and adopted sections. He therefore overruled the Point of Order.
Rep. QUINN continued speaking.
Rep. LOURIE spoke against the amendment.
Rep. GOVAN spoke against the amendment.
Rep. GOVAN continued speaking.
Rep. GOVAN spoke against the amendment.
Rep. CLYBURN spoke against the amendment.
Rep. CLYBURN continued speaking.
Rep. J. E. SMITH spoke against the amendment.
Rep. J. E. SMITH spoke against the amendment.
Rep. QUINN spoke against the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. JENNINGS moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Owens Parks Perry Quinn Rhoad Rice Riser Rivers Rodgers Rutherford Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Tripp Trotter Webb Weeks Whipper White Wilder Wilkins Witherspoon
Those who voted in the negative are:
Altman
So, the amendment was tabled.
Rep. TAYLOR proposed the following Amendment No. 79 (Doc Name h-wm\007\adult_lit_direct_funding.doc):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 372, paragraph 28, line 7, by inserting after "level.":
/If there is a approved sole service provider that draws directly from the Department of Education for Life-Long-Learning, the funds appropriated to the school districts of that county shall be transferred by the State Department of Education to that provider./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. TAYLOR explained the amendment.
Rep. TAYLOR moved to adjourn debate on the amendment, which was agreed to.
Reps. TOWNSEND, ALLISON and WALKER proposed the following Amendment No. 97 (Doc Name h-wm\007\ teacher_spec_comp_study.doc):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 374, paragraph 45, at the end of line 23, by inserting:
/Provided, further, that the Education Oversight Committee shall examine base and supplementary compensation for teacher specialists and those fulfilling similar responsibilities in other states to determine if adjustments in the compensation should be made to encourage teacher specialists to serve rural areas. Recommendations should be provided to the General Assembly by December 31, 2002./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. TOWNSEND explained the amendment.
Rep. HOWARD raised the Point of Order that Amendment No. 97 was out of order in that it was not germane to the Bill under Rule 5.3.
SPEAKER WILKINS overruled the Point of Order.
Rep. TOWNSEND continued speaking.
Rep. TOWNSEND moved to adjourn debate on the amendment, which was agreed to.
Rep. J. E. Smith proposed the following Amendment No. 175 (Doc Name council\gjk\amend\21124sd02.doc):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 378, by adding a new paragraph immediately after paragraph 1.69 to read:
/ 1.70.__ The Budget and Control Board shall transfer $48,000,000 during fiscal year 2002-2003 from accounts it identifies to the general fund of this State to provide the necessary funding for a portion of the Education Finance Act funding provided to the Department of Education in Section 1 of this act. The board may borrow, if necessary, from accounts with the expectations the General Assembly will replenish these accounts with future general fund revenues. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. J. E. SMITH explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. KELLEY moved to divide the question.
Rep. J. E. SMITH raised the Point of Order that the motion to divide the question was out of order under Rule 8.10. He stated that a portion of the amendment, if divided, could not stand alone.
SPEAKER WILKINS overruled the Point of Order.
The question was then divided.
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 378, by adding a new paragraph immediately after paragraph 1.69 to read:
/ 1.70.__ The Budget and Control Board shall transfer $48,000,000 during fiscal year 2002-2003 from accounts it identifies to the general fund of this State to provide the necessary funding for a portion of the Education Finance Act funding provided to the Department of Education in Section 1 of this act.
Rep.KELLEY moved to adjourn debate on the question.
Rep. J. E. SMITH moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate on the question, which was agreed to.
The board may borrow, if necessary, from accounts with the expectations the General Assembly will replenish these accounts with future general fund revenues. /
Rep. J. E. SMITH raised the Point of Order that Question 2 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. HARRELL explained the question.
Rep. HARRELL moved to table the question, which was agreed to.
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 378, by adding a new paragraph immediately after paragraph 1.69 to read:
/ 1.70.__ The Budget and Control Board shall transfer $48,000,000 during fiscal year 2002-2003 from accounts it identifies to the general fund of this State to provide the necessary funding for a portion of the Education Finance Act funding provided to the Department of Education in Section 1 of this act.
The question recurred to the adoption of the question.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, J. Brown, R. Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Harrell Harrison Harvin Hayes Hines, J. Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Law Leach Limehouse Littlejohn Lloyd Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Owens Phillips Quinn Rhoad Rice Riser Rivers Rodgers Rutherford Sandifer Sharpe Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Easterday Hamilton Perry Sheheen Stille
So, the question was adopted.
Rep. HAYES proposed the following Amendment No. 142 (Doc Name h-wm\007\loc-fin-effort.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 378, paragraph 1, line 22, by striking /0%/ and inserting /2.9%/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HAYES explained the amendment.
Rep. HAYES moved to table the amendment, which was agreed to.
Rep. TAYLOR proposed the following Amendment No. 79 (Doc Name h-wm\007\adult_lit_direct_funding.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 372, paragraph 28, line 7, by inserting after "level.":
/If there is a approved sole service provider that draws directly from the Department of Education for Life-Long-Learning, the funds appropriated to the school districts of that county shall be transferred by the State Department of Education to that provider./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. TAYLOR explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Bowers Brown, G. Campsen Cato Chellis Clyburn Cotty Dantzler Davenport Delleney Easterday Edge Frye Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Kennedy Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lourie Lucas McCraw McLeod Meacham-Richardson Miller Moody-Lawrence Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rivers Rutherford Sandifer Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Stille Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
So, the amendment was adopted.
Reps. TOWNSEND, ALLISON and WALKER proposed the following Amendment No. 97 (Doc Name h-wm\007\ teacher_spec_comp_study.doc):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 374, paragraph 45, at the end of line 23, by inserting:
/Provided, further, that the Education Oversight Committee shall examine base and supplementary compensation for teacher specialists and those fulfilling similar responsibilities in other states to determine if adjustments in the compensation should be made to encourage teacher specialists to serve rural areas. Recommendations should be provided to the General Assembly by December 31, 2002./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. TOWNSEND explained the amendment.
Rep. TOWNSEND moved that the House recede until 2:30 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 97 in Section 1.
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
H. 4878--AMENDED AND INTERRUPTED DEBATE
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 97 in Section 1.
SECTION 1--AMENDED AND ADOPTED
Reps. TOWNSEND, ALLISON and WALKER proposed the following Amendment No. 97 (Doc Name h-wm\007\ teacher_spec_comp_study.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 374, paragraph 45, at the end of line 23, by inserting:
/Provided, further, that the Education Oversight Committee shall examine base and supplementary compensation for teacher specialists and those fulfilling similar responsibilities in other states to determine if adjustments in the compensation should be made to encourage teacher specialists to serve rural areas. Recommendations should be provided to the General Assembly by December 31, 2002./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HAMILTON spoke against the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
Rep. TOWNSEND continued speaking.
The amendment was then adopted.
Rep. STUART proposed the following Amendment No. 275 (Doc Name council\bbm\amend\10898htc02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 378, by adding an appropriately numbered paragraph at the end to read:
/ 1.____ (SDE: Minimum Local Effort-Technical Assistance) With the advice and consent of the Education Oversight Committee, the Department of Education shall calculate each school district's local tax effort based upon each district's ability index, tax revenue for current operations, and equalized revenue using the most recently audited information. The department shall identify each school district which has a local tax effort of less than ninety percent of the median for all districts and which receives technical assistance from the State under the Education Accountability Act (EAA) for schools designated as "Unsatisfactory" or "Below Average" in the absolute performance rating for the prior year. For each district identified, the department shall calculate the total amount of general fund and EIA funds or the value of services allocated to the district for technical assistance under the EAA. The department shall then transfer from the district's current year's EFA allocation an amount equal to the total amount of general fund and EIA funds or the value of services allocated to the district for technical assistance under the EAA multiplied by the percentage that the district's local tax effort is below ninety percent of the median for all districts to the technical assistance program at the department. The department must use any of these unallocated funds for technical assistance to schools with an absolute performance rating of below average. /
Renumber sections to conform.
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Rep. STUART explained the amendment.
Rep. J. R. SMITH moved to table the amendment, which was agreed to by a division vote of 46 to 3.
Rep. GOVAN proposed the following Amendment No. 284 (Doc Name council\ggs\amend\22419cm02.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 374, paragraph 45, at the end of line 23, by inserting:
/ Provided, further, that the Education Oversight Committee and the State Department of Education shall examine base and supplementary compensation for teacher specialists and those fulfilling similar responsibilities in other stats to determine if adjustments in the compensation should be made to encourage teacher specialists to serve rural areas. Recommendations should be provided to the General Assembly by December 31, 2002. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. GOVAN explained the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 281 (Doc Name h-wm\006\bcb-efa.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 378, by amending adopted Amendment No. 175 by inserting on page 2, line 1, after "identifies": /within Section 63, excluding the Retirement Division, and within Section 63A/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. ALLISON explained the Section.
Rep. HARRELL explained the Section.
Section 1, as amended, was adopted.
I wish my vote to be recorded as no for Section 1 provisos.
Rep. Vincent Sheheen
Rep. KIRSH proposed the following Amendment No. 24 (Doc Name h-wm\007\handicapped_disabled.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 379, paragraph 7, line 20, by striking /handicapped/ and inserting /disabled/
Amend the bill further, as and if amended, page 379, paragraph 7, line 21, by striking /handicapped/ and inserting /disabled/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. WALKER proposed the following Amendment No. 1 (Doc Name h-wm\007\nbc_app_fee.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 385, paragraph 36, after line 15, by inserting:
/Teachers who have not begun the National Board Certification process prior to July 1, 2002 shall not be eligible for the application fee loan, or reimbursement from state funds for fees related to the National Board Certification application process./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WALKER explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. HARRELL continued speaking.
Rep. HARRELL moved to table the amendment.
The amendment was then tabled by a division vote of 81 to 7.
Reps. TOWNSEND, ALLISON and WALKER proposed the following Amendment No. 98 (Doc Name h-wm\007\ nat_brd_local_sup.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 385, paragraph 36, after line 23, by inserting:
/Provided, further, that in calculating the compensation for teacher specialists, the State Department of Education shall include state and local compensation as defined in Section 59-18-1530 to include local supplements except local supplements for National Board certification. Teacher specialists remain eligible for state supplement for National Board certification./
Renumber sections to conform.
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Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 38 (Doc Name h-wm\007\classroom_prep.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 386, paragraph 41, line 31, by inserting after workdays:
/two of the remaining professional development days shall be set aside specifically for the preparation and opening of schools/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Reps. TOWNSEND, ALLISON and WALKER proposed the following Amendment No. 96 (Doc Name h-wm\007\ teacher_spec_comp_study_eia.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION, page 388, paragraph 48, at the end of line 23, by inserting:
/Provided, further, that the Education Oversight Committee and the State Department of Education shall examine base and supplementary compensation for teacher specialists and those fulfilling similar responsibilities in other states to determine if adjustments in the compensation should be made to encourage teacher specialists to serve rural areas. Recommendations should be provided to the General Assembly by December 31, 2002./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 22 (Doc Name h-wm\007\prof_dev_date_chg.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 389, paragraph 54, line 19, by striking /January 1, 2002/ and inserting /January 1/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 190 (Doc Name h-wm\007\1a56 report card printing.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 389, paragraph 56, line 24, after "geographic area" by inserting before the period:
/within 45 days. If the audited newspaper has previously published the report card results as a news item, this requirement is waived for the school and district/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KIRSH explained the amendment.
Rep. OWENS spoke against the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to.
Reps. TOWNSEND and WALKER proposed the following Amendment No. 73 (Doc Name h-wm\007\prof-dev.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 390, paragraph 60, line 18, by inserting after "purpose.":
/Funds appropriated for Retraining Grants may be used for training for superintendents and school board members./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 294 (Doc Name h-wm\007\1a56 report card print2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 389, paragraph 56, line 24, after "geographic area" by inserting before the period:
/within 45 days. If the audited newspaper has previously published the entire report card results as a news item, this requirement is waived for the school and district/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 1A, as amended, was adopted.
Rep. SCOTT raised the Point of Order that Section 1AA was out of order in that it was not germane to the Bill. He stated that ETV was not included in the original statute that laid out the spending plan for the lottery.
SPEAKER WILKINS stated that ETV fell under the constitutional umbrella for the education funding lottery. Moreover, the Part IB amendment was an amendment to existing law and one General Assembly cannot bind a subsequent General Assembly. SPEAKER WILKINS overruled the Point of Order.
Rep. Scott proposed the following Amendment No. 268 (Doc Name council\DKA\amend\4772mm02.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 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 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 amount of $3,000,000 must be allocated to South Carolina State University, to be award outside the competitive application and award process. 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 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 senior research universities, Clemson University, the Medical University of South Carolina, 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 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 (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 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. This provision constitutes the entire appropriation of net lottery proceeds and implementation of lottery programs for FY 2002-03. 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 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. SCOTT spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
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 Govan Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas McCraw McGee Meacham-Richardson Merrill Neilson Owens Perry Phillips Quinn Rice Riser Rodgers Sandifer Scarborough Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Stille Stuart Talley Taylor Thompson Tripp Trotter Vaughn Walker Webb Weeks Whatley White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, R. Clyburn Cobb-Hunter Coleman Emory Freeman Gourdine Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Lee Lloyd Lourie Mack McLeod Miller Moody-Lawrence Neal, J.M. Ott Rhoad Rivers Scott Sheheen Smith, J.E. Snow Whipper Wilder
So, the amendment was tabled.
Rep. HARRELL proposed the following Amendment No. 288 (Doc Name h-wm\008\hclarify3.doc), which was adopted:
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 entirerty 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: $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 chapter. 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 as provided in this chapter. 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 research universities or with other South Carolina higher education institutions, may make application for awards from the endowment as provided in this chapter. 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 chose from outside South Carolina for their expertise in the respective research field to revie 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 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, and science to enhance student achievement in these areas. $18,500,000 must be used for ETV Digitalization. $35,000,000 must be used for the purchase 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 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. 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. 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 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. HARRELL explained the amendment.
The amendment was then adopted.
Reps. SCARBOROUGH and SCOTT proposed the following Amendment No. 289 (Doc Name council\DKA\amend\ 4779mm02.doc), which was adopted:
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 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. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. SCARBOROUGH explained the amendment.
Rep. EASTERDAY spoke against the amendment.
Rep. CAMPSEN spoke against the amendment.
Rep. COATES moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Campsen Cato Coates Cooper Davenport Delleney Easterday Emory Fleming Frye Gilham Gourdine Hamilton Harrell Haskins Hayes Huggins Klauber Koon Leach Limehouse Littlejohn Loftis Lucas McGee Meacham-Richardson Neal, J.M. Neilson Quinn Rice Riser Sandifer Sharpe Simrill Sinclair Smith, F.N. Smith, G.M. Smith, W.D. Stille Talley Townsend Tripp Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, J.
Those who voted in the negative are:
Allen Bales Battle Bowers Breeland Brown, G. Brown, R. Carnell Chellis Clyburn Cobb-Hunter Coleman Cotty Dantzler Edge Freeman Govan Harrison Harvin Hines, J. Hinson Hosey Howard Jennings Keegan Kelley Kirsh Knotts Law Lee Lloyd Lourie Mack McCraw McLeod Merrill Miller Moody-Lawrence Owens Parks Perry Phillips Rhoad Rivers Rodgers Scarborough Scott Sheheen Smith, D.C. Smith, J.E. Smith, J.R. Snow Stuart Taylor Thompson Weeks Whatley Wilder Young, A.
So, the House refused to table the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. COATES spoke against the amendment.
Rep. MCGEE spoke against the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. EASTERDAY spoke against the amendment.
Rep. DELLENEY spoke against the amendment.
Rep. DELLENEY continued speaking.
Rep. COATES spoke against the amendment.
Rep. COATES moved to adjourn debate on the amendment.
Rep. SCARBOROUGH moved to table the motion.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Battle Bingham Bowers Breeland Brown, G. Brown, R. Chellis Clyburn Cobb-Hunter Coleman Cotty Dantzler Edge Freeman Govan Harrison Harvin Hines, J. Hinson Hosey Huggins Jennings Keegan Kelley Kirsh Knotts Law Lee Lloyd Lourie Mack McCraw McLeod Merrill Miller Moody-Lawrence Neal, J.H. Ott Owens Parks Perry Phillips Rhoad Riser Rivers Rutherford Scarborough Scott Smith, D.C. Smith, J.E. Smith, J.R. Snow Stuart Taylor Thompson Weeks Whatley Whipper Wilder Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Allison Altman Barfield Barrett Campsen Cato Coates Cooper Davenport Delleney Easterday Emory Fleming Frye Gilham Gourdine Hamilton Haskins Hayes Klauber Koon Leach Limehouse Littlejohn Loftis Lucas Martin McGee Meacham-Richardson Neal, J.M. Neilson Quinn Rice Rodgers Sandifer Sharpe Simrill Sinclair Smith, F.N. Smith, G.M. Smith, W.D. Stille Talley Townsend Tripp Trotter Vaughn Walker Webb White Young, J.
So, the motion to adjourn debate was tabled.
The question then recurred to the adoption of the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Battle Bowers Breeland Brown, G. Brown, R. Carnell Chellis Clyburn Cobb-Hunter Coleman Cotty Dantzler Edge Freeman Govan Harrison Harvin Hayes Hines, J. Hinson Hosey Howard Jennings Keegan Kelley Kirsh Knotts Law Lee Lloyd Lourie Mack McCraw McLeod Merrill Miller Moody-Lawrence Neal, J.H. Ott Owens Parks Perry Phillips Rhoad Rivers Rutherford Scarborough Scott Sheheen Smith, D.C. Smith, J.E. Smith, J.R. Snow Stuart Taylor Thompson Weeks Whatley Whipper Wilder Young, A.
Those who voted in the negative are:
Allison Altman Barfield Barrett Bingham Brown, J. Campsen Cato Coates Cooper Davenport Delleney Easterday Emory Fleming Frye Gilham Gourdine Hamilton Harrell Haskins Huggins Klauber Koon Leach Limehouse Littlejohn Loftis Lucas Martin McGee Meacham-Richardson Neal, J.M. Neilson Quinn Rice Riser Rodgers Sandifer Sharpe Simrill Sinclair Smith, F.N. Smith, G.M. Smith, W.D. Stille Talley Townsend Tripp Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, J.
So, the amendment was adopted.
Reps. SCARBOROUGH, WILKINS and HARRELL proposed the following Amendment No. 290 (Doc Name council\DKA\amend\ 4781mm02.doc), which was adopted:
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 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. SCARBOROUGH explained the amendment.
Rep. SCOTT spoke against the amendment.
Rep. GOVAN spoke against the amendment.
Rep. OTT spoke against the amendment.
Rep. HARRELL spoke in favor of the amendment.
Rep. HARRELL continued speaking.
Rep. JENNINGS spoke against the amendment.
Rep. LUCAS spoke against the amendment.
Rep. SCOTT moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Bales Bowers Breeland Brown, G. Brown, R. Carnell Clyburn Coates Cobb-Hunter Coleman Davenport Delleney Emory Gourdine Govan Hamilton Hayes Hines, J. Hines, M. Hosey Howard Jennings Kirsh Lee Lloyd Loftis Lucas Mack McGee McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Rhoad Rivers Scott Sheheen Simrill Smith, G.M. Snow Stille Talley Whatley Whipper Wilder
Those who voted in the negative are:
Allison Barrett Battle Bingham Campsen Cato Chellis Cooper Cotty Dantzler Easterday Edge Fleming Freeman Frye Gilham Harrell Harrison Haskins Hinson Huggins Keegan Kelley Klauber Knotts Koon Law Leach Limehouse Littlejohn Lourie Martin McCraw Meacham-Richardson Merrill Owens Perry Phillips Quinn Rice Riser Rodgers Sandifer Scarborough Sharpe Sinclair Smith, D.C. Smith, F.N. Smith, J.E. Smith, J.R. Smith, W.D. Stuart Thompson Townsend Tripp Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, A. Young, J.
So, the House refused to table the amendment.
Rep. SCOTT spoke against the amendment.
Rep. F. N. SMITH spoke in favor of the amendment.
Rep. GOVAN 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:
Those who voted in the affirmative are:
Allison Barfield Barrett Battle Bingham Bowers Campsen Carnell Cato Chellis Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Harrell Harrison Haskins Hayes Hinson Huggins Keegan Kelley Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee Meacham-Richardson Merrill Miller Owens Perry Phillips Quinn Rice Riser Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Stuart Talley Taylor Thompson Townsend Tripp Vaughn Walker Webb Whatley White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Altman Bales Breeland Brown, G. Brown, R. Clyburn Cobb-Hunter Emory Freeman Gourdine Govan Hamilton Hines, J. Hines, M. Hosey Howard Jennings Kirsh Lee Lloyd Mack McLeod Moody-Lawrence Neal, J.H. Neal, J.M. Ott Rhoad Rivers Scott Sheheen Snow Stille Trotter Whipper Wilder
So, the amendment was adopted.
Rep. ALTMAN proposed the following Amendment No. 67 (Doc Name council\dka\amend\4740mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, beginning on page 390, line 25, 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: sixty percent must be appropriated to the Department of Education to be allocated to all public schools grades K-5 on a per capita basis and used for enhanced reading, mathematics, and science initiatives; thirteen percent must be appropriated to the Department of Education and used for the purchase of new school buses and reasonable maintenance of existing school buses; seven percent must be appropriated to the Department of Education to be allocated to K-12 independent schools and home schoolers in the form of nonmatching grants based on competitive applications and awards; ten percent must be appropriated to the Commission on Higher Education to be allocated to the funding of scholarships for students pursuing post-graduate degrees at a state public or independent four-year institution of higher learning and awarded pursuant to a procedure adopted by the Commission on Higher Education for that purpose; ten percent must be appropriated to the Department of Education to be allocated for school bus and school building safety purposes and distributed to the school districts in the same manner as provided in Section 59-144-100, the allocation of funds for public school facilities assistance. Unclaimed prize monies must be deposited in the Education Lottery Account and appropriated to the State Library for distribution on a per capita basis to the public county libraries of the State based on each county's population. 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 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. ALTMAN explained the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.
Rep. HARRELL moved to table the amendment.
Rep. JENNINGS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, R. Carnell Cato Clyburn Cobb-Hunter Coleman Cotty Dantzler Easterday Emory Fleming Freeman Gourdine Harrell Harrison Harvin Hayes Hines, J. Hines, M. Hosey Huggins Jennings Keegan Kelley Klauber Knotts Limehouse Lloyd Lourie Lucas Mack McCraw McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Quinn Rhoad Rice Riser Rivers Rodgers Sandifer Scarborough Sheheen Sinclair Smith, D.C. Smith, F.N. Smith, J.E. Smith, J.R. Snow Stuart Talley Taylor Thompson Tripp Vaughn Webb Whatley Whipper Wilder Wilkins Witherspoon Young, J.
Those who voted in the negative are:
Altman Campsen Chellis Coates Cooper Davenport Delleney Edge Frye Gilham Hamilton Haskins Hinson Kirsh Koon Law Leach Littlejohn Loftis Martin McGee Meacham-Richardson Merrill Perry Sharpe Simrill Smith, G.M. Smith, W.D. Stille Townsend Trotter Walker White Young, A.
So, the amendment was tabled.
Rep. R. BROWN proposed the following Amendment No. 80 (Doc Name h-wm\008\rbrown.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 390, paragraph 1, line 25, by striking paragraph 1AA.1 in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. R. BROWN explained the amendment.
Rep. HARRELL moved to table the amendment, which was not agreed to by a division vote of 42 to 45.
Rep. JENNINGS spoke in favor of the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.
Rep. JENNINGS spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. A. YOUNG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, R. Clyburn Cobb-Hunter Coleman Davenport Delleney Easterday Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kirsh Lee Lloyd Loftis Lourie Mack McLeod Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Rhoad Rivers Rutherford Scott Sheheen Simrill Smith, F.N. Smith, J.E. Snow Stille Tripp Trotter Whipper Wilder
Those who voted in the negative are:
Allison Altman Barfield Barrett Bingham Campsen Carnell Cato Chellis Cooper Cotty Dantzler Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Knotts Koon Law Leach Limehouse Littlejohn Lucas Martin McCraw McGee Merrill Neilson Owens Perry Quinn Rice Riser Rodgers Sandifer Scarborough Sharpe Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stuart Talley Taylor Thompson Townsend Vaughn Walker Webb Whatley White Wilkins Witherspoon Young, A. Young, J.
So, the amendment was rejected.
Reps. KIRSH and MEACHAM-RICHARDSON proposed the following Amendment No. 95 (Doc Name council\dka\amend\ 4744mm02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, beginning on page 390, line 25, 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: $21,022,614 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 ($10,000,000); principal specialists ($2,170,302); and Palmetto Gold and Silver Awards Program ($1,000,000). $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 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. 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, and science to enhance student achievement in these areas. $18,500,000 must be used for ETV Digitalization. $35,000,000 must be used for the purchase 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, $20,000,000 so that a person who qualifies for in-state tuition rates pursuant to Chapter 112, Title 59 may receive tuition assistance in an amount to be determined by the State Technical and Comprehensive Education Board, based on the appropriated amount of $20,000,000, to attend 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, 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 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 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 amount of $4,145,069 is appropriated to the Commission on Higher Education for allocation toward needs-based grants for students attending public and independent institutions of higher learning in this State. 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. 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 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. KIRSH explained the amendment.
Rep. A. YOUNG moved to table the amendment.
Rep. KIRSH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bales Barrett Battle Bingham Brown, G. Campsen Carnell Cato Chellis Coates Coleman Cooper Cotty Dantzler Easterday Edge Emory Fleming Govan Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Knotts Koon Law Leach Lee Limehouse Littlejohn Lourie Lucas Martin McGee Merrill Neal, J.M. Neilson Owens Perry Quinn Rhoad Rice Riser Rodgers Rutherford Sandifer Scarborough Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Webb White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Altman Barfield Breeland Brown, R. Clyburn Cobb-Hunter Davenport Delleney Freeman Gourdine Harvin Hayes Hines, J. Hines, M. Hosey Howard Kirsh Lloyd Loftis Mack McCraw McLeod Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Ott Rivers Scott Sheheen Simrill Smith, W.D. Snow Stille Walker Whatley Whipper Wilder
So, the amendment was tabled.
Rep. GOVAN proposed the following Amendment No. 207 (Doc Name council\dka\amend\4732mm02.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 25, by striking the paragraph in its entirety and inserting:
/ 1AA.1. (Education Lottery Account) [PART 1. APPROPRIATION OF FY 2002-2003 CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS] For fiscal year 2002-2003 certified net lottery proceeds and investment earnings of $127,000,000 are appropriated as follows:
(A) Commission On Higher Education
(1) Free Tuition Grants for Technical
Colleges and Two-Year
Institutions $48,213,838
(2) LIFE Scholarships $46,349,681
(3) HOPE Scholarships $8,736,000
(4) Palmetto Fellows Scholarships $7,080,000
(5) Endowed Professorship Chairs $9,500,000
(6) Need-Based Grants $2,120,481
(A.1) Any unexpended funds appropriated for Endowed Professorship Chairs may be carried forward.
(A.2) For fiscal year 2002-2003 the Higher Education Price Index of 4.8% must be used to determine the LIFE Scholarship and free tuition amounts.
(A.3) The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items and between recurring and nonrecurring funds in order to ensure the timely receipt of scholarships and free tuition.
(B) State Department of Education
School Buses $5,000,000
TOTAL $127,000,000
[PART II. APPROPRIATION OF FY 2002-2003 NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS IN EXCESS OF CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS] For fiscal year 2002-2003 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment earnings of $127,000,000 are appropriated as follows, to the extent that funds are available:
(A) Commission On Higher Education
(1) Need-Based Grants $2,000,000
(2) National Guard Tuition
Repayment Program $1,500,000
(3) Grants For Teachers $2,000,000
(4) Endowed Professorship Chairs $4,500,000
(5) College and University
Technology Grant Program $6,000,000
(6) Research and Technology Grant
South Carolina State University $3,000,000
(A.1) Funds appropriated herein for need-based grants shall not be used to calculate the amount awarded for free tuition grants.
(A.2) Funds appropriated for Research and Technology Grant - South Carolina State must be used to support basic and applied research in information and technology outreach opportunities for South Carolina's rural and urban citizens.
(A.3) College and University Technology Grant Program 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 are to be awarded to institutions with grant proposals supporting the development of technology and/or technology infrastructure. The review process, to include the awarding of grants, is to be determined by the Commission on Higher Education. Any unexpended funds may be carried forward.
(B) State Board for Technical and Comprehensive Education
Technology Grant Program $1,500,000
Technology Grant Program funds are to be used for technology upgrades across technical college system for support and development of technology.
(C) Higher Education Tuition Grants Commission
Tuition Grants $2,500,000
TOTAL $23,000,000
[PART III. APPROPRIATION OF FY 2001-2002 CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS] For fiscal year 2001-2002 certified net lottery proceeds and investment earnings of $67,200,000 are appropriated as follows:
(A) Commission on Higher Education
(1) College and University Technology
Grant Program $4,500,000
(2) Endowed Professorship Chairs $13,644,789
(3) Historically Black
Colleges and Universities $3,000,000
(A.1) Any unexpended funds appropriated for Endowed Professorship Chairs may be carried forward.
(A.2) College and University Technology Grant Program 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 awarded to institutions with grant proposals supporting the development of technology and/or technology infrastructure. The review process, to include the awarding of grants, is to be determined by the Commission on Higher Education. Any unexpended funds may be carried forward.
(A.3) The Commission on Higher Education shall allocate funds appropriated for South Carolina's private historically black colleges and universities, as defined in 20 U.S. Code Section 1061, as amended, in an equal amount to each institution to be used by the institutions for construction and renovation projects.
(B) State Board for Technical and Comprehensive Education
Technology Grant Program $1,500,000
Technology Grant Program funds are to be used for technology upgrades across the technical college system for the support and development of technology.
(C) State Department of Education
(1) Education Accountability Act
of 1998 $7,844,211
(2) K-12 School Technology $5,000,000
(3) School-based Pilot Programs $1,000,000
(4) School Buses $15,000,000
(C.1) Funds appropriated for K-12 technology must be allocated as provided for in Section 59-150-390 of the 1976 Code, as amended.
(C.2) School-based Pilot Programs must include the deregulation of any school district with an overall absolute or improved designation of average or better when requested by the district.
(C.3) Of the funds appropriated for school buses, $600,000 shall be transferred to the School for the Deaf and Blind for the purchase of buses.
(D) Higher Education Tuition Grants Commission
Tuition Grants $1,211,000
(E) South Carolina State Library
Public Library State Aid $1,500,000
(F) South Carolina Educational
Television Commission
Digitalization $13,000,000
TOTAL $67,200,000
[PART IV. APPROPRIATION OF 2001-2002 NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS IN EXCESS OF CERTIFIED NET LOTTERY PROCEEDS AND INVESTMENT EARNINGS] For fiscal year 2001-2002 net lottery proceeds and investment earnings in excess of certified net lottery proceeds and investment earnings of $67,200,000 are appropriated to the following programs in whole or in part to the extent that funds are available and in the priority order herein established:
(A) State Department of Education
Education Accountability Act
of 1998 $13,444,789
Funds appropriated for the Education Accountability Act of 1998 must be used first to fully fund teacher specialists. Any funds remaining are to be used for retraining grants, external review teams, principal specialists, and/or the Palmetto Gold and Silver Awards Program.
(B) South Carolina Educational Television Commission
Digitalization $5,500,000
(C) State Department of Education
School Buses $10,000,000
(D) Commission on Higher Education
Endowed Professorship Chairs $2,355,211
(E) State Department of Education
Homework Centers $1,500,000
TOTAL $32,800,000
[PART V. APPROPRIATION OF 2001-2002 AND 2002-2003 UNCLAIMED PRIZE MONEY] For fiscal year 2001-2002 and 2002-2003 unclaimed prize money of $7,000,000 is appropriated as follows:
(A) State Department of Education
School Buses $7,000,000
TOTAL $7,000,000
(B) The first $1,000,000 of revenue in excess of $7,000,000 must be appropriated to the Budget and Control Board to contract for services assisting in the prevention and treatment of gambling disorders as specified in Section 59-150-230(I). Any additional funds must be appropriated to the Department of Education for the purchase of school buses.
[PART VI. GENERAL AND TEMPORARY] (A) Unless otherwise provided, if expenditures for any of the educational purposes or programs enumerated in PARTS I, II, and III are less than the amounts authorized and appropriated, the unexpended portion of the authorized appropriation must be remitted to the State Treasurer to credit to the Education Lottery Account and is authorized in priority order for the following purposes:
(1) to fully fund items as appropriated in PART IV of this act;
(2) to the Commission on Higher Education to offset any lottery revenue shortfall in Hope and Palmetto Fellows Scholarships and free tuition at the technical and two-year colleges; and
(3) to be carried forward and appropriated by the General Assembly for fiscal year 2003-2004.
(B) If revenue received is less than the amount appropriated in PARTS I, II, or III, programs in the part realizing the deficit shall be reduced on a pro rata basis.
[PART VII. DETAILED PROVISIONS] (A)(1) Beginning with school year 2000-2001, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year public or independent institution as defined herein is increased from the cost of attendance up to a maximum of two thousand dollars a year to the cost of attendance up to a maximum of three thousand dollars a year, and the annual amount of a LIFE Scholarship for eligible resident students attending a two-year public or independent institution as defined herein which includes state technical colleges is increased from the cost of attendance up to a maximum of one thousand dollars a year to the cost of tuition for thirty credit hours a year or its equivalent, plus a three hundred dollar per year book allowance. Tuition for this purpose means the amount charged for registering for credit hours of instruction and shall not include other fees, charges, or costs of textbooks.
(2) Beginning with school year 2002-2003, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year institution as defined in Chapter 149, Title 59, is increased to the cost of tuition, not to exceed four thousand seven hundred dollars, for thirty credit hours a year or its equivalent plus a three-hundred-dollar per year book allowance. The cost of tuition for the purposes of awarding these scholarships shall be each institution's previous year's tuition increased by the Higher Education Price Index, as adopted by the Commission on Higher Education. Tuition for this purpose means the amount charged for registering for credit hours of instruction and shall not include other fees, charges, or costs of textbooks except for the referenced three-hundred-dollar book allowance.
(3) Beginning with school year 2002-2003, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year independent institution must be the cost of attendance up to a maximum of the average annual cost of tuition at the state's four-year public institutions of higher learning in the corresponding academic year.
(4) For the current year, to be eligible for a LIFE Scholarship, a student must be either a member of a class graduating from a high school located in this State, a home school student who has successfully completed a high school home school program in this State in the manner required by law, or a student graduating from a preparatory high school outside this State, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent, and these students also must meet grade point average and semester hours requirements. In addition, beginning with the 1998-99 school year for those students who graduate from high school on or after May 1998 the student must have graduated from high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale and have scored 1000 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score, 1050 or better, beginning with school year 2000-2001, and 1100 or better, beginning with school year 2002-2003; provided that, if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a public or independent institution of this State and does not make the required SAT score or the required high school grade point average, as applicable, the student may earn a LIFE Scholarship after his freshman year if he meets the grade point average and semester credit hour requirements.
(5) In order to retain a LIFE Scholarship or to receive a LIFE Scholarship after the freshman year, students enrolled in an eligible institution must earn a 3.0 cumulative grade point average on a 4.0 scale each year and earn at least thirty credit hours each year for the maximum of semesters permitted at that institution by Section 59-149-60.
(6) LIFE Scholarship recipients seeking a degree at such a public or independent institution of this State who failed to earn a cumulative 3.0 at the end of the term they attempted the requisite number of hours may regain eligibility if their cumulative grade average is a 3.0 at the end of the term they have attempted at least sixty hours if they are a sophomore or ninety hours if they are a junior.
(7) Beginning with school year 2002-2003, an entering freshman at a four-year institution to be eligible for a LIFE Scholarship in addition to the other requirements of Chapter 149, Title 59 must meet two of the following three criteria:
(a) have the grade point average required by this section;
(b) have the Scholastic Aptitude Test (SAT) or equivalent ACT score required by this section; or
(c) be in the top thirty percent of his high school graduating class.
For home school students and students whose high school graduating class is less than fifty students, the Commission on Higher Education may define alternative criteria for students to meet the class rank requirement.
For an exceptionally gifted student who is accepted into college without having attended high school, the Commission on Higher Education must define alternative criteria for the student to qualify for a LIFE Scholarship. For the current year, the student may receive a LIFE Scholarship for not more than ten semesters for a five-year degree program, eight semesters for a four-year degree program, or four semesters for a two-year degree program.
(B)(1) For the current year, 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:
(a) be a South Carolina resident for a minimum of one year;
(b) be enrolled and maintain six credit hours each semester in a certificate, degree, or diploma program;
(c) make reasonable progress toward completion of the requirements for the certificate, degree, or diploma program;
(d) complete a Free Application for Federal Student Aid (FAFSA) application; and
(e) not be the recipient of a LIFE Scholarship.
Regulations for implementation of this section 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.
(2) For purposes of Chapter 112, Title 59, a 'public or independent institution' which a student may attend to receive a scholarship as provided in this chapter 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.
(3) 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 Chapter 112, Title 59.
(4) 'Tuition' for purposes of this section means the amount charged for registering for credit hours of instruction and academic fees less all federal grants and need-based grants, except as provided for in item (9) 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.
(5) Notwithstanding item (4), 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.
(6) 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.
(7) 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.
(8) Students shall not be eligible to receive free tuition for more than one certificate, diploma, or degree within any five-year period.
(9) For the purposes of this part, the percentage of each student's need-based grant that is attributable to net lottery proceeds must not be deducted from tuition.
(C)(1) For the current year, SC HOPE Scholarships are hereby established 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 as defined in item (2) who does not also qualify for a LIFE Scholarship or a Palmetto Fellows Scholarship.
(2) For purposes of Chapter 150, Title 59, a 'public or independent institution' that a student may attend to receive an SC HOPE Scholarship includes the following:
(a) 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;
(b) 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 Chapter 150, Title 59.
(3) 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 as provided in this section.
(4) These SC HOPE Scholarships in combination with all other grants and scholarships must not exceed the cost of attendance at the particular institutions referenced in item (2).
(5) The Commission on Higher Education must promulgate regulations and establish procedures to administer the provisions of this section.
(6) 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.
(D) For the current year, the Palmetto Fellows Scholarship Program is established to foster scholarship among the state's post-secondary students and retain outstanding South Carolina high school graduates in the State through awards based on scholarship and achievement. Measures must be taken to ensure equitable minority participation in this program. Recipients of these scholarships are designated Palmetto Fellows. Each Palmetto Fellow shall receive a scholarship in an amount not to exceed seven thousand five hundred dollars. These scholarships in combination with all other grants and scholarships shall not exceed the cost of attendance at the institution attended. The commission shall promulgate regulations and establish procedures to administer the program and request annual state appropriations for the program.
Students, either new or continuing, must not have been adjudicated delinquent or been convicted or pled guilty or nolo contendere to any felonies or any alcohol or drug-related offenses under the laws of this or any other state or under the laws of the United States in order to be eligible for a Palmetto Fellows Scholarship, except that a high school or college student otherwise qualified who has been adjudicated delinquent or has been convicted or pled guilty or nolo contendere to an alcohol or drug-related misdemeanor offense nevertheless shall be eligible or continue to be eligible for such scholarships after the expiration of one academic year from the date of the adjudication, conviction, or plea.
Of the funds made available for higher education Palmetto Fellows scholarships for any year, a percentage thereof must be allocated for students attending South Carolina independent colleges of higher learning in this State. This percentage must be equivalent to the percentage of the independent colleges' share of the total South Carolina resident undergraduate full-time enrollment (FTE) of all public and independent higher education institutions in South Carolina based on the previous year's data as determined by the Commission on Higher Education and the South Carolina Tuition Grants Commission.
(E) 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 the 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 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 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 senior research universities, Clemson University, the Medical University of South Carolina, 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 by this section must be provided from the fund created by these provisions upon approval by the State Budget and Control Board.
(F) At the beginning of the first fiscal year after the state lottery becomes operational, the Comptroller General shall certify the amount of net proceeds including investment earnings on the net proceeds credited to and accrued in the Education Lottery Account during the preceding fiscal year. The sum of certified net proceeds and investment earnings must be designated as annual lottery proceeds. Appropriations from the Education Lottery Account must be allocated only for educational purposes and educational programs by the General Assembly in its annual general appropriations bill or any bill appropriating monies for previous or current fiscal years. Funds made available from the Education Lottery Account must be used to provide Palmetto Fellows Scholarships to all eligible applicants, to provide LIFE Scholarships for eligible resident students attending four-year public institutions in those amounts provided by law; up to one percent of net proceeds to the South Carolina State Library for public library state aid, to be distributed to county public libraries on a per capita basis and to be used for educational technology delivery, upgrade, and maintenance; to the Commission on Higher Education for free tuition at state technical colleges and two-year public institutions; for the SC HOPE Scholarship Program; to the Department of Education to be allocated to K-12 school technology; to the Department of Education for school-based grants for pilot programs, to include programs providing deregulation as requested by school districts with an overall absolute or improved designation of average or better, with first priority given to schools reported as average, below average, or unsatisfactory in accordance with the Education Accountability Act; to the Department of Education to fund homework centers, and these funds must be allocated to the local school districts based on a per pupil basis and may be used for salaries for certified teachers and for transportation costs, provided that priority in the distribution of funds must be given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act; to the Commission on Higher Education for higher education assistance, including need-based grants, grants to teachers for advanced education with priority to annual grants earmarked for teachers working toward their masters' degree or advanced education in their areas of certification, or both; for the National Guard Tuition Repayment Program; and funding for elementary and secondary public education as determined pursuant to the Education Accountability Act of 1998 and education improvement legislation enacted into law after June 13, 2001; new programs enacted by the General Assembly for public institutions of higher learning, including public four-year colleges and universities and their branches and two-year colleges, as defined in Section 59-103-5, and state technical colleges, which programs may include the creation of endowed chairs at the state's universities, with an emphasis in the areas of, but not limited to, engineering, computer science, and the sciences; to the State Department of Education for the purchase of school buses; to the South Carolina Educational Television Commission for digitalization; and to the Commission on Higher Education to administer a construction and renovation fund for the historically black colleges and universities. The proportion of total recurring general fund and special fund revenues of the State expended for the total of public elementary, secondary, and higher education allocations in any fiscal year must not be less than the proportions in the fiscal year immediately before the fiscal year in which education revenues are first received from a state lottery and must not be reduced or supplanted later by revenues received from a state lottery.
(G) 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 allocdemanded the yeas and nays which were taken, resulting as follows:
ation 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. GOVAN explained the amendment.
Rep. A. YOUNG moved to table the amendment.
Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Campsen Cato Chellis Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Hamilton Harrell Harrison Hinson Huggins Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas McCraw Meacham-Richardson Merrill Neal, J.M. Owens Perry Quinn Rice Riser Rodgers Sandifer Scarborough Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Stuart Talley Taylor Thompson Townsend Tripp Trotter Walker Webb White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Bales Battle Bowers Breeland Brown, G. Brown, R. Clyburn Cobb-Hunter Freeman Gourdine Govan Harvin Haskins Hines, J. Hines, M. Hosey Howard Jennings Lloyd Lourie Mack Martin McLeod Miller Moody-Lawrence Neal, J.H. Ott Parks Rhoad Rivers Rutherford Scott Smith, F.N. Smith, J.E. Smith, J.R. Snow Whatley Whipper
So, the amendment was tabled.
Rep. HOSEY proposed the following Amendment No. 303 (Doc Name council\bbm\amend\10911htc02.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 390, paragraph 1AA.1, line 32, by adding after / ($1,598,440) / /and $1,000,000 for the Salkehatchie Youth Challenge Academy Alternative School /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HOSEY explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Bingham Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Edge Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw Meacham-Richardson Merrill Neilson Owens Perry Rice Riser Rodgers Sandifer Scarborough Sheheen Sinclair Smith, D.C. Smith, J.R. Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Bales Battle Bowers Breeland Brown, G. Brown, R. Clyburn Cobb-Hunter Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Lee Lloyd Lourie Mack McLeod Miller Moody-Lawrence Neal, J.H. Ott Parks Rhoad Rivers Rutherford Scott Smith, F.N. Smith, J.E. Snow Whipper
So, the amendment was tabled.
Reps. SCOTT and OTT proposed the following Amendment No. 177 (Doc Name council\gjk\amend\21130sd02.doc), which was tabled:
Amend the bill, as and if amended, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, beginning on line 7, by striking /Two-year Technical College students eligible for LIFE Scholarships shall also receive a $300 book allowance. / and inserting /$47,500,000 to the Commission on Higher Education to provide free tuition for students attending technical colleges or two-year public or independent institutions of this State, and beginning with school year 2002-2003, students otherwise eligible shall receive state funding from a LIFE Scholarship or other funding to attend these institutions tuition free in an amount that will pay the cost of tuition for thirty credit hours a year or its equivalent, except that state funding provided to students attending a two-year independent institution may not be more than the maximum cost of tuition at two-year regional public institutions for thirty credit hours a year or its equivalent./ and by striking beginning on line 12, page 392, / $18,500,000 must be used for ETV Digitalization. $35,000,000 must be used for the purchase of new school buses and the repair of existing school buses. / and inserting / $6,000,000 to the Department of Education for the purpose of entering into lease-purchase agreements for the acquisition of new school buses. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. SCOTT explained the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. A. YOUNG moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barrett Bingham Cato Chellis Cooper Cotty Dantzler Davenport Delleney Edge Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw Meacham-Richardson Merrill Neilson Owens Perry Rice Riser Rodgers Sandifer Scarborough Sharpe Sinclair Smith, D.C. Smith, J.R. Stille Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Bales Barfield Bowers Breeland Brown, G. Brown, R. Carnell Clyburn Cobb-Hunter Coleman Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard 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. Snow Whipper
So, the amendment was tabled.
Rep. OTT proposed the following Amendment No. 305 (Doc Name council\BBM\amend\10910cm02.doc), which was tabled:
Amend the bill, as and if amended, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, beginning on line 7, by striking /Two-year Technical College students eligible for LIFE Scholarships shall also receive a $300 book allowance. / and inserting /$29,000,000 to the Commission on Higher Education to provide tuition assistance for students attending technical colleges or two-year public or independent institutions of this State, and beginning with school year 2002-2003, students otherwise eligible shall receive state funding from a LIFE Scholarship or other funding to attend these institutions tuition free in an amount that will pay the cost of tuition for thirty credit hours a year or its equivalent, except that state funding provided to students attending a two-year independent institution may not be more than the maximum cost of tuition at two-year regional public institutions for thirty credit hours a year or its equivalent./ and on page 392, line 12 after /areas. / by inserting / $6,000,000 to the Department of Education for the purpose of entering into lease-purchase agreements for the acquisition of new school buses. / and on page 392, line 12, after / ETV Digitalization. / by striking / $35,000,000 must be used for the purchase of new school buses and the repair of existing school buses. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. OTT explained the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. J. E. SMITH continued speaking.
Rep. A. YOUNG moved to table the amendment.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barrett Bingham Campsen Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw Meacham-Richardson Merrill Neilson Owens Perry Quinn Rice Riser Rodgers Sandifer Scarborough Sharpe 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.
Those who voted in the negative are:
Allen Bales Barfield Battle Bowers Breeland Brown, R. Clyburn Cobb-Hunter Coleman Emory Freeman Gourdine Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Knotts 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. Snow Whatley Whipper Wilder
So, the amendment was tabled.
Reps. TOWNSEND and WALKER proposed the following Amendment No. 69 (Doc Name h-wm\007\social_studies.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1, line 11, by inserting after "mathematics,":
/social studies,/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 173 (Doc Name h-wm\004\arts.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1, line 11, by inserting after "mathematics,":
/arts,/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. A. YOUNG spoke against the amendment.
Rep. A. YOUNG moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Cato Chellis Cotty Dantzler Easterday Edge Fleming Frye Gilham Harrell Harrison Haskins Hinson Huggins Kelley Kirsh Knotts Koon Law Leach Limehouse Loftis McCraw McGee Meacham-Richardson Merrill Owens Perry Quinn Rice Riser Rodgers Rutherford Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, J.R. Stille Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Bales Battle Breeland Brown, J. Brown, R. Cobb-Hunter Coleman Delleney Emory Freeman Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Keegan Lee Littlejohn Lloyd Lourie Lucas Mack Martin McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Rivers Scott Smith, F.N. Smith, J.E. Snow Stuart Whipper Wilder
So, the amendment was tabled.
Rep. WALKER proposed the following Amendment No. 2 (Doc Name h-wm\007\sdb-buses.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1, after line 12, by inserting:
/to include six school buses, appropriately equipped, for the School for the Deaf and Blind/
Renumber sections to conform.
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Rep. WALKER explained the amendment.
The amendment was then adopted.
Rep. WEBB proposed the following Amendment No. 9 (Doc Name h-wm\008\webbteach2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 392, paragraph 1, line 12, by inserting after "these areas.":
/Of the reading, mathematics, and science programs appropriation, $500,000 must be used for teacher inservice training and professional development related to project read./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WEBB explained the amendment.
The amendment was then adopted.
Reps. CARNELL and PARKS proposed the following Amendment No. 183 (Doc Name h-wm\007\jdhl_buses.doc), which was tabled:
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. PARKS explained the amendment.
Rep. A. YOUNG moved to table the amendment.
Rep. PARKS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Campsen Cato Chellis Cooper Dantzler Easterday Edge Fleming Gilham Hamilton Harrell Haskins Hinson Huggins Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas McGee Meacham-Richardson Merrill Neilson Owens Quinn Rice Riser Rodgers Sandifer Scarborough Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Stuart Thompson Townsend Tripp Trotter Vaughn Walker White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Bales Battle Bowers Breeland Brown, J. Brown, R. Clyburn Cobb-Hunter Coleman Davenport Delleney Freeman Gourdine Govan Harvin Hines, J. Hines, M. Hosey Howard Jennings Lee Lloyd Lourie Mack Martin McCraw McLeod Miller Moody-Lawrence Neal, J.H. Parks Rhoad Rivers Scott Smith, F.N. Smith, J.E. Snow Stille Talley Taylor Whatley Whipper Wilder
So, the amendment was tabled.
Rep. HOWARD proposed the following Amendment No. 71 (Doc Name council\pt\amend\1814dw02.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, by inserting the following sentence after /program./:
/ $300,000 to South Carolina State University to be used to support basic and applied research in information and technology outreach opportunities for South Carolina's rural and urban citizens. /
Amend totals and titles to conform.
Rep. HOWARD explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. HOWARD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Campsen Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Koon Law 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. Smith, W.D. Stuart Talley Taylor Thompson Tripp Vaughn Webb White Wilder Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Allen Bales Battle Bowers Breeland Brown, J. Brown, R. Clyburn Cobb-Hunter Coleman Emory Freeman Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Knotts Lee Lloyd Lourie Mack McLeod Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Parks Rhoad Rivers Scott Sharpe Sheheen Smith, F.N. Smith, G.M. Smith, J.E. Snow Stille Whipper Young, J.
So, the amendment was tabled.
Rep. HOWARD proposed the following Amendment No. 72 (Doc Name council\pt\amend\1815dw02.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, by inserting after /program./:
/ $300,00 to South Carolina's private historically black colleges and universities, as defined in 20 U.S. Code Section 1061, amended, in an equal amount to each institution to be used by the institutions for construction and renovation projects. /
Amend totals and titles to conform.
Rep. HOWARD explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. HOWARD demanded the yeas and nays which were taken, resulting as follows:
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 Haskins Hinson Huggins Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McGee Meacham-Richardson Merrill Owens Perry Quinn Rice Riser Rodgers Sandifer Scarborough Sharpe 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.
Those who voted in the negative are:
Allen Bales Battle Bowers Breeland Brown, J. Brown, R. Clyburn Coates Cobb-Hunter Coleman Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Lee Lloyd Lourie Mack McLeod Miller Moody-Lawrence Neal, J.H. Rhoad Rivers Smith, F.N. Smith, G.M. Smith, J.E. Snow Whipper Wilder Young, J.
The SPEAKER granted Rep. DAVENPORT a leave of absence for the remainder of the day.
Rep. SCOTT proposed the following Amendment No. 93 (Doc Name council\dka\amend\4739mm02.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, by striking /program./ and inserting / program; $537,000 to the Commission on Higher Education for additional administration of scholarship responsibilities pursuant to Act 59 of 2001, and the creation in the 2002-2003 school year of a state Scholarship and Grant Guidance Counselor Workshop as follows: Beginning with the 2002-03 school year from funds appropriated for this purpose by the General Assembly, there is created an annual State Scholarships and Grants Guidance Counselor Workshop for middle and high school guidance counselors. The purpose of the annual workshop is to outline scholarships, grants, loans, and other similar assistance available to students desiring to go to college and to review the requirements and procedures necessary for students to apply and qualify for these scholarships, grants, and loan programs. All middle and high school guidance counselors are required to attend the annual workshop. The Department of Education shall submit an annual list of guidance counselors to the Commission on Higher Education by a deadline established by the commission. The commission shall be responsible for the administration of the State Scholarships and Grants Guidance Counselor Workshop. To ensure greater availability of information to parents of students interested in attending college, the Commission on Higher Education shall: (1) develop and produce a brochure for the parents of all South Carolina high school students. This brochure shall include a listing of all state and federal sources for funding college tuition to include scholarships, loans, and grants. The brochure also shall include contact names and numbers for parents seeking additional information on the program. The brochure shall be provided to guidance counselors for dissemination to parents and students; and (2) create, as part of the commission's website, a page designed to provide the information printed in the brochure referred to in item (1). If possible, the web page shall include links to the program contacts listed on the brochure. To evaluate the effectiveness of this section, the Commission on Higher Education shall develop a parent survey to be disseminated to a random sample of parents across the State. All geographic areas of the State and a representative sample of parents of students with diverse demographics must be surveyed. The results of the evaluation shall be provided to the Speaker of the House, the President Pro Tempore of the Senate, the Chairman of the House Education and Public Works Committee, and the Chairman of the Senate Education Committee. /
Amend the bill further, as and if amended, page 390, paragraph 1AA.1, line 33, by striking /$4,737,000/ and inserting / $4,200,000 /
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:
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 Hinson Huggins Keegan Kelley Kirsh Knotts Law Leach Limehouse Lourie Lucas Martin McGee Meacham-Richardson Merrill Owens Perry Rice Riser Sandifer Scarborough Sheheen Simrill 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, J.
Those who voted in the negative are:
Allen Bales Battle Bowers Breeland Brown, J. Brown, R. Clyburn Coates Cobb-Hunter Coleman Emory Freeman Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Jennings Lee Lloyd Mack McLeod Miller Moody-Lawrence Neal, J.H. Ott Rhoad Rivers Scott Smith, F.N. Smith, J.E. Snow Whipper
So, the amendment was tabled.
Rep. J. H. Neal proposed the following Amendment No. 213 (Doc Name council\DKA\amend\4754mm02.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, $3,000,000 must be allocated for South Carolina's private historically black colleges and universities as defined in 20 U.S. Code Section 1061 in an equal amount to each to be used for construction and renovation projects.
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:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Campsen Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Koon Law Leach Limehouse Littlejohn Lucas Martin McCraw McGee Merrill Perry Quinn Rice Riser Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, J.R. Smith, W.D. Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Allen Bales Battle Bingham Bowers Breeland Brown, J. Brown, R. Carnell Clyburn Coates Cobb-Hunter Coleman Emory Freeman Gourdine Govan Harvin Hines, J. Hines, M. Hosey Howard Jennings Knotts Lee Lloyd Loftis Lourie Mack McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Rhoad Rivers Scott Sheheen Smith, F.N. Smith, J.E. Snow Stille Whatley Whipper
So, the amendment was tabled.
Rep. SANDIFER moved cloture on the Section.
Rep. JENNINGS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Campsen Cato Chellis Cooper Cotty Dantzler Easterday Edge Fleming Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Knotts Law Leach Limehouse Littlejohn Loftis Martin McGee Meacham-Richardson Merrill Owens Quinn Rice Riser Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, J.R. Smith, W.D. Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Bales Bowers Breeland Brown, R. Carnell Clyburn Coates Cobb-Hunter Coleman Delleney Emory Freeman Frye Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kirsh Koon Lee Lloyd Lourie Lucas Mack McCraw McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Perry Rhoad Rivers Scott Sheheen Smith, F.N. Smith, J.E. Snow Stille Tripp Whatley Whipper Wilder
So, cloture was ordered.
Rep. HARRELL moved that the House do now adjourn.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Battle Bingham Bowers Brown, J. Campsen Carnell Cato Chellis Clyburn Cotty Dantzler Delleney Edge Emory Freeman Frye Gilham Hamilton Harrell Harrison Hinson Hosey Huggins Jennings Keegan Kelley Kirsh Knotts Koon Leach Limehouse Lloyd Loftis Lucas Martin McCraw McGee McLeod Meacham-Richardson Moody-Lawrence Neal, J.M. Neilson Owens Quinn Rhoad Riser Rodgers Sandifer Scarborough Sheheen Sinclair Smith, D.C. Smith, F.N. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Trotter Vaughn Webb Whatley Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Breeland Brown, R. Coates Cobb-Hunter Coleman Cooper Gourdine Govan Harvin Haskins Hayes Hines, J. Hines, M. Howard Law Lee Lourie Mack Merrill Miller Neal, J.H. Ott Parks Perry Rice Rivers Scott Simrill Smith, J.E. Snow Thompson Tripp Whipper White Wilder
So, the motion to adjourn was agreed to.
Rep. HARRELL moved to reconsider the vote whereby Part 1B, Sections 1 and 1A were adopted and the motion was noted.
Further proceedings were interrupted by adjournment, the pending question being consideration of Part 1AA in Part IB, cloture having been ordered.
The Senate returned to the House with concurrence the following:
H. 4895 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION CONGRATULATING THE MARCHING BAND OF MIDLAND VALLEY HIGH SCHOOL OF AIKEN COUNTY ON BEING SELECTED TO BE A REPRESENTATIVE OF SOUTH CAROLINA IN THE 2002 INDEPENDENCE DAY PARADE IN WASHINGTON, D.C., JULY 4, 2002.
At 8:45 p.m. the House, in accordance with the motion of Rep. KNOTTS, adjourned in memory of Michele Daniels, to meet at 9:30 a.m. tomorrow.
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