Indicates Matter Stricken
Indicates New Matter

The House assembled at 9:30 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Psalm 17:5: "For You, O Lord are my hope, my trust, O Lord, from my youth."
Let us pray. Almighty God, Your mercies are new to us every day. Continue to bless this body with wisdom, courage, and soundness of mind, to do the work of the people. Teach us to be tolerant in all we think and do and say. Encourage these women and men to be examples of the power and authority You have entrusted to them to do Your will. Bless and preserve the State, the Nation, and her leaders. Protect our defenders of freedom. Hear our prayer, Heavenly Father. 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. G. BROWN moved that when the House adjourns, it adjourn in memory of Elizabeth "Miss Lib" Duvall DesChamps, wife of former Representative W. Green DesChamps, Jr., which was agreed to.

The SPEAKER ordered the following veto printed in the Journal:

March 8, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4702 (Word version), R.209, an Act:

TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 IN CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS FOR FISCAL YEAR 2003-2004.

This veto is based upon my belief that bonded indebtedness should not be used by school districts to fund operating expenditures. According to school district officials, the funds in Clarendon School District One's building fund amount to approximately $300,000 derived from bonded indebtedness. In a transmittal letter accompanying H. 3945, R.105 last year, I indicated very clearly that I would veto any legislation that continued this practice. As I stated then, I believe funding short-term operating needs with long-term bonded indebtedness is not the fiscally-responsible way to address budget shortfalls, and will actually add further stress on the school district's financial condition.

Furthermore, while all state agencies have been forced to make adjustments in their budgets due to the shortfalls of the past few years, according to school district officials, this school district is not currently running an operating deficit. Therefore, I do not believe authorizing the use of this money is appropriate or necessary.

For these reasons, I am returning H. 4702, R.209 to you without my signature.

Sincerely,
Mark Sanford
Governor

The SPEAKER ordered the following veto printed in the Journal:

March 8, 2004
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Mr. President and Members of the Senate:

I am hereby returning without my approval S. 481 (Word version), R.199, an Act:

TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS FOR FISCAL YEAR 2002-2003.

This bill was introduced to address the budget shortfall of Clarendon School District One in fiscal year 2002-2003. I am vetoing this bill because fiscal year 2002-2003 has ended and this legislation is no longer relevant.

I also have concerns with the policy of this bill, specifically that it would allow the district to expend money from bonded indebtedness to fund operating expenses. In a transmittal letter accompanying H. 3945, R.105 last year, I indicated very clearly that I would veto any legislation that continued this practice. As I stated then, I believe funding short-term operating needs with long-term bonded indebtedness is not the fiscally-responsible way to address budget shortfalls, and will actually add further stress on the school district's financial condition.

For these reasons, I am returning S. 481, R.199 to you without my signature.

Sincerely,
Mark Sanford
Governor

The following was received:

Columbia, S.C., March 9, 2004
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. 390:

S. 390 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 20-7-5010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT OF CHILDREN'S TRUST FUND, SO AS TO ALLOW THE FUND'S BOARD TO AWARD GRANTS TO STATE AND PRIVATE PROGRAMS THAT ENHANCE OR PROMOTE THE ADOPTION OF SPECIAL NEEDS CHILDREN IN STATE CUSTODY; SECTION 20-7-5030, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE FUND'S BOARD OF TRUSTEES, SO AS TO ALLOW THE FUND'S BOARD TO ASSESS NEEDS, SOLICIT PROPOSALS, AND AWARD GRANTS TO PROGRAMS THAT ENHANCE OR PROMOTE THE ADOPTION OF SPECIAL NEEDS CHILDREN IN STATE CUSTODY; AND SECTION 20-7-5050, RELATING TO THE LIMITATION ON THE AMOUNT OF CHILDREN'S TRUST FUND REVENUES WHICH MAY BE DISBURSED, SO AS TO REMOVE THIS LIMITATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C.,March 9, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 199, S. 481 by a vote of 46 to 0.

(R199) S. 481 (Word version) -- Senator Land: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., March 9, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Leatherman, Leventis and O'Dell of the Committee of Free Conference on the part of the Senate on S. 560:

S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. V. Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes, Setzler and Ford: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX; TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY"; TO AMEND SECTIONS 11-41-20, 11-41-30, 11-41-70, 11-41-120, AND TO ADD SECTION 11-41-180, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, NOTICE, PROCUREMENT, AND ISSUANCE REQUIREMENTS SO AS TO ALLOW AND PROVIDE THE CONDITIONS UNDER WHICH SUCH BONDS MAY BE USED FOR INFRASTRUCTURE FOR CERTAIN LIFE SCIENCES FACILITIES AND OTHER ECONOMIC DEVELOPMENT PROJECTS INCLUDING TOURISM TRAINING INFRASTRUCTURE PROJECTS AND NATIONAL AND INTERNATIONAL CONVENTION AND TRADE SHOW CENTERS; TO PROVIDE THAT BEGINNING JANUARY 1, 2005, THE DEPARTMENT OF REVENUE ANNUALLY SHALL REPORT TO THE JOINT COMMITTEE ON TAXATION THE REVENUE IMPACT OF THIS ACT, AND TO PROVIDE THAT THE DEPARTMENT OF COMMERCE ANNUALLY SHALL REPORT THE COST AND BENEFIT OF THIS ACT, TOGETHER WITH THE JOB CREATION AND CAPITAL INVESTMENT MADE BY QUALIFYING BUSINESSES; TO ADD CHAPTER 45 TO TITLE 11 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA" SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND IN THE DEPARTMENT OF COMMERCE KNOWN AS THE VENTURE CAPITAL FUND, TO PROVIDE FOR THE MANAGEMENT OF THIS SPECIAL FUND, TO PROVIDE FOR MONIES TO BE OBTAINED BY THE FUND FOR ITS STATED PURPOSES THROUGH LOANS MADE BY CERTAIN LENDERS AS CAPITAL COMMITMENTS TO THE FUND, TO PROVIDE FOR REPAYMENTS TO LENDERS, TO PROVIDE THAT LENDERS SHALL RECEIVE TAX CREDITS WHICH MAY BE USED AS A CONTINGENT RESOURCE TO MEET PRINCIPAL AND INTEREST PAYMENTS WHEN DUE, AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH INVESTMENTS FROM THE FUND MAY BE MADE IN VENTURE CAPITAL INVESTMENTS FOR THE BENEFIT OF THIS STATE; TO ESTABLISH THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND UNDER THE ADMINISTRATION OF THE BOARD OF DIRECTORS OF THE VENTURE CAPITAL FUND AND TO PROVIDE FOR ITS USES, AND TO PROVIDE THAT UNDER CERTAIN CONDITIONS, THE ASSETS AND LIABILITIES OF THE PALMETTO SEED CAPITAL CORPORATION SHALL BE TRANSFERRED TO THE VENTURE CAPITAL FUND AND CHAPTER 44 OF TITLE 41 OF THE 1976 CODE RELATING TO PALMETTO SEED CAPITAL FUND IS REPEALED; TO PROVIDE THAT SECTIONS 59-101-10 THROUGH 59-101-410 ARE DESIGNATED AS ARTICLE 1, GENERAL PROVISIONS; TO ADD ARTICLE 3 TO CHAPTER 101 OF TITLE 59, RELATING TO INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THESE INSTITUTIONS OF HIGHER LEARNING MAY SPEND FEDERAL AND OTHER NONSTATE APPROPRIATED SOURCES OF REVENUE TO PROVIDE LUMP-SUM BONUSES, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER EDUCATIONAL FEE WAIVERS TO NO MORE THAN FOUR PERCENT OF THE TOTAL STUDENT BODY, TO PROVIDE THAT THESE INSTITUTIONS MAY ESTABLISH RESEARCH GRANT POSITIONS FUNDED BY CERTAIN GRANTS, TO PROVIDE THE CONDITIONS FOR THE ESTABLISHMENT OF THESE POSITIONS, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER AND FUND, FROM ANY SOURCE OF REVENUE, HEALTH INSURANCE TO FULL-TIME GRADUATE ASSISTANTS, TO PROVIDE THAT THE BOARD OF TRUSTEES OF THESE INSTITUTIONS IS VESTED WITH CERTAIN POWERS OF EMINENT DOMAIN, AND TO PROVIDE THAT THESE INSTITUTIONS MAY NEGOTIATE FOR ITS ANNUAL AUDIT AND QUALITY REVIEW PROCESS WITH REPUTABLE CERTIFIED PUBLIC ACCOUNTANT FIRMS SELECTED FROM A LIST PREAPPROVED BY THE STATE AUDITOR'S OFFICE; TO ADD CHAPTER 51 TO TITLE 11 SO AS TO ENACT THE SOUTH CAROLINA RESEARCH UNIVERSITY INFRASTRUCTURE ACT, DEFINE CERTAIN TERMS, PROVIDE FOR THE ISSUANCE AND SALE OF BONDS FOR RESEARCH INFRASTRUCTURE PROJECTS FOR RESEARCH UNIVERSITIES AND FOR PROJECTS FOR CERTAIN OTHER PUBLIC INSTITUTIONS OF HIGHER LEARNING PURSUANT TO SPECIFIED CONDITIONS, PROVIDE FOR NOTIFICATION TO THE JOINT BOND REVIEW COMMITTEE AND THE STATE BUDGET AND CONTROL BOARD, PROVIDE FOR TERMS AND CONDITIONS APPLICABLE TO THE ISSUANCE OF SUCH BONDS INCLUDING PROCUREMENT PROCESSES, PROVIDE FOR AN AUTHORIZING RESOLUTION TO ISSUE THE BONDS, PROVIDE FOR MATURITY OF THE BONDS, PROVIDE FOR TAX EXEMPT STATUS OF THE BONDS, PROVIDE FOR PAYMENT OF PRINCIPAL AND INTEREST ON THE BONDS AND INCREASE THE DEBT SERVICE LIMIT FOR THESE BONDS, AND PROVIDE FOR PURCHASE OF BONDS; TO AMEND SECTION 2-47-50, AS AMENDED, RELATING TO THE ESTABLISHMENT OF PERMANENT PROJECTS BY THE BUDGET AND CONTROL BOARD, SO AS TO DEFINE PERMANENT IMPROVEMENT PROJECTS OF INSTITUTIONS OF HIGHER LEARNING; TO ADD SECTION 2-75-90 SO AS TO PROVIDE THAT TO MEET THE ENDOWED PROFESSORSHIPS MATCHING FUND REQUIREMENT UNDER THE RESEARCH CENTERS OF ECONOMIC EXCELLENCE ACT A RESEARCH UNIVERSITY IS AUTHORIZED TO USE SPECIFIED FUNDS FOR THIS PURPOSE AND TO PROVIDE AREAS IN WHICH THESE MATCHING FUNDS MAY BE USED; TO ADD SECTION 59-53-425 SO AS TO PROVIDE THAT THE GOVERNING COMMISSION OF TRIDENT TECHNICAL COLLEGE MAY ESTABLISH A FOUR-YEAR CULINARY CURRICULUM PROGRAM AND AWARD BACCALAUREATE DEGREES IN CULINARY ARTS FOR STUDENTS GRADUATING FROM THIS PROGRAM; TO PROVIDE THAT THE UNIVERSITY OF SOUTH CAROLINA SUMTER IS AUTHORIZED TO OFFER FOUR-YEAR DEGREES AT THE SUMTER CAMPUS AND TO PROVIDE THE TERMS AND CONDITIONS OF THIS AUTHORIZATION; TO PROVIDE THAT NO CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA SHALL BE CLOSED WITHOUT PRIOR AUTHORIZATION OF THE GENERAL ASSEMBLY BY ACT OR JOINT RESOLUTION; TO PROVIDE THAT A PUBLIC INSTITUTION OF HIGHER EDUCATION IS REQUIRED TO ANNUALLY REPORT THE NUMBER OF OUT-OF-STATE UNDERGRADUATE STUDENTS IN ATTENDANCE AT THE RESPECTIVE UNIVERSITY FOR THE FALL AND SPRING SEMESTER, AND TO PROVIDE THAT EACH UNIVERSITY WILL ALSO BE REQUIRED TO REPORT AN OUT-OF-STATE UNDERGRADUATE STUDENT POLICY AND HOW THAT POLICY WAS ENACTED BY EACH UNIVERSITY; TO AMEND SECTIONS 59-149-10 AND 59-149-50, RELATING TO LIFE SCHOLARSHIPS, SO AS TO REVISE THE INSTITUTIONS WHICH ARE QUALIFIED TO RECEIVE LIFE SCHOLARSHIP FUNDS AND TO REVISE THE ELIGIBILITY AND RETENTION REQUIREMENTS FOR A LIFE SCHOLARSHIP; TO ADD SECTION 59-127-470 SO AS TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY AND NEED FOR A SCHOOL OF LAW AT THE SOUTH CAROLINA STATE UNIVERSITY IN ORANGEBURG.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., March 4, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 560:

S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. V. Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes, Setzler and Ford: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX; TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY"; TO AMEND SECTIONS 11-41-20, 11-41-30, 11-41-70, 11-41-120, AND TO ADD SECTION 11-41-180, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, NOTICE, PROCUREMENT, AND ISSUANCE REQUIREMENTS SO AS TO ALLOW AND PROVIDE THE CONDITIONS UNDER WHICH SUCH BONDS MAY BE USED FOR INFRASTRUCTURE FOR CERTAIN LIFE SCIENCES FACILITIES AND OTHER ECONOMIC DEVELOPMENT PROJECTS INCLUDING TOURISM TRAINING INFRASTRUCTURE PROJECTS AND NATIONAL AND INTERNATIONAL CONVENTION AND TRADE SHOW CENTERS; TO PROVIDE THAT BEGINNING JANUARY 1, 2005, THE DEPARTMENT OF REVENUE ANNUALLY SHALL REPORT TO THE JOINT COMMITTEE ON TAXATION THE REVENUE IMPACT OF THIS ACT, AND TO PROVIDE THAT THE DEPARTMENT OF COMMERCE ANNUALLY SHALL REPORT THE COST AND BENEFIT OF THIS ACT, TOGETHER WITH THE JOB CREATION AND CAPITAL INVESTMENT MADE BY QUALIFYING BUSINESSES; TO ADD CHAPTER 45 TO TITLE 11 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA" SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND IN THE DEPARTMENT OF COMMERCE KNOWN AS THE VENTURE CAPITAL FUND, TO PROVIDE FOR THE MANAGEMENT OF THIS SPECIAL FUND, TO PROVIDE FOR MONIES TO BE OBTAINED BY THE FUND FOR ITS STATED PURPOSES THROUGH LOANS MADE BY CERTAIN LENDERS AS CAPITAL COMMITMENTS TO THE FUND, TO PROVIDE FOR REPAYMENTS TO LENDERS, TO PROVIDE THAT LENDERS SHALL RECEIVE TAX CREDITS WHICH MAY BE USED AS A CONTINGENT RESOURCE TO MEET PRINCIPAL AND INTEREST PAYMENTS WHEN DUE, AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH INVESTMENTS FROM THE FUND MAY BE MADE IN VENTURE CAPITAL INVESTMENTS FOR THE BENEFIT OF THIS STATE; TO ESTABLISH THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND UNDER THE ADMINISTRATION OF THE BOARD OF DIRECTORS OF THE VENTURE CAPITAL FUND AND TO PROVIDE FOR ITS USES, AND TO PROVIDE THAT UNDER CERTAIN CONDITIONS, THE ASSETS AND LIABILITIES OF THE PALMETTO SEED CAPITAL CORPORATION SHALL BE TRANSFERRED TO THE VENTURE CAPITAL FUND AND CHAPTER 44 OF TITLE 41 OF THE 1976 CODE RELATING TO PALMETTO SEED CAPITAL FUND IS REPEALED; TO PROVIDE THAT SECTIONS 59-101-10 THROUGH 59-101-410 ARE DESIGNATED AS ARTICLE 1, GENERAL PROVISIONS; TO ADD ARTICLE 3 TO CHAPTER 101 OF TITLE 59, RELATING TO INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THESE INSTITUTIONS OF HIGHER LEARNING MAY SPEND FEDERAL AND OTHER NONSTATE APPROPRIATED SOURCES OF REVENUE TO PROVIDE LUMP-SUM BONUSES, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER EDUCATIONAL FEE WAIVERS TO NO MORE THAN FOUR PERCENT OF THE TOTAL STUDENT BODY, TO PROVIDE THAT THESE INSTITUTIONS MAY ESTABLISH RESEARCH GRANT POSITIONS FUNDED BY CERTAIN GRANTS, TO PROVIDE THE CONDITIONS FOR THE ESTABLISHMENT OF THESE POSITIONS, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER AND FUND, FROM ANY SOURCE OF REVENUE, HEALTH INSURANCE TO FULL-TIME GRADUATE ASSISTANTS, TO PROVIDE THAT THE BOARD OF TRUSTEES OF THESE INSTITUTIONS IS VESTED WITH CERTAIN POWERS OF EMINENT DOMAIN, AND TO PROVIDE THAT THESE INSTITUTIONS MAY NEGOTIATE FOR ITS ANNUAL AUDIT AND QUALITY REVIEW PROCESS WITH REPUTABLE CERTIFIED PUBLIC ACCOUNTANT FIRMS SELECTED FROM A LIST PREAPPROVED BY THE STATE AUDITOR'S OFFICE; TO ADD CHAPTER 51 TO TITLE 11 SO AS TO ENACT THE SOUTH CAROLINA RESEARCH UNIVERSITY INFRASTRUCTURE ACT, DEFINE CERTAIN TERMS, PROVIDE FOR THE ISSUANCE AND SALE OF BONDS FOR RESEARCH INFRASTRUCTURE PROJECTS FOR RESEARCH UNIVERSITIES AND FOR PROJECTS FOR CERTAIN OTHER PUBLIC INSTITUTIONS OF HIGHER LEARNING PURSUANT TO SPECIFIED CONDITIONS, PROVIDE FOR NOTIFICATION TO THE JOINT BOND REVIEW COMMITTEE AND THE STATE BUDGET AND CONTROL BOARD, PROVIDE FOR TERMS AND CONDITIONS APPLICABLE TO THE ISSUANCE OF SUCH BONDS INCLUDING PROCUREMENT PROCESSES, PROVIDE FOR AN AUTHORIZING RESOLUTION TO ISSUE THE BONDS, PROVIDE FOR MATURITY OF THE BONDS, PROVIDE FOR TAX EXEMPT STATUS OF THE BONDS, PROVIDE FOR PAYMENT OF PRINCIPAL AND INTEREST ON THE BONDS AND INCREASE THE DEBT SERVICE LIMIT FOR THESE BONDS, AND PROVIDE FOR PURCHASE OF BONDS; TO AMEND SECTION 2-47-50, AS AMENDED, RELATING TO THE ESTABLISHMENT OF PERMANENT PROJECTS BY THE BUDGET AND CONTROL BOARD, SO AS TO DEFINE PERMANENT IMPROVEMENT PROJECTS OF INSTITUTIONS OF HIGHER LEARNING; TO ADD SECTION 2-75-90 SO AS TO PROVIDE THAT TO MEET THE ENDOWED PROFESSORSHIPS MATCHING FUND REQUIREMENT UNDER THE RESEARCH CENTERS OF ECONOMIC EXCELLENCE ACT A RESEARCH UNIVERSITY IS AUTHORIZED TO USE SPECIFIED FUNDS FOR THIS PURPOSE AND TO PROVIDE AREAS IN WHICH THESE MATCHING FUNDS MAY BE USED; TO ADD SECTION 59-53-425 SO AS TO PROVIDE THAT THE GOVERNING COMMISSION OF TRIDENT TECHNICAL COLLEGE MAY ESTABLISH A FOUR-YEAR CULINARY CURRICULUM PROGRAM AND AWARD BACCALAUREATE DEGREES IN CULINARY ARTS FOR STUDENTS GRADUATING FROM THIS PROGRAM; TO PROVIDE THAT THE UNIVERSITY OF SOUTH CAROLINA SUMTER IS AUTHORIZED TO OFFER FOUR-YEAR DEGREES AT THE SUMTER CAMPUS AND TO PROVIDE THE TERMS AND CONDITIONS OF THIS AUTHORIZATION; TO PROVIDE THAT NO CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA SHALL BE CLOSED WITHOUT PRIOR AUTHORIZATION OF THE GENERAL ASSEMBLY BY ACT OR JOINT RESOLUTION; TO PROVIDE THAT A PUBLIC INSTITUTION OF HIGHER EDUCATION IS REQUIRED TO ANNUALLY REPORT THE NUMBER OF OUT-OF-STATE UNDERGRADUATE STUDENTS IN ATTENDANCE AT THE RESPECTIVE UNIVERSITY FOR THE FALL AND SPRING SEMESTER, AND TO PROVIDE THAT EACH UNIVERSITY WILL ALSO BE REQUIRED TO REPORT AN OUT-OF-STATE UNDERGRADUATE STUDENT POLICY AND HOW THAT POLICY WAS ENACTED BY EACH UNIVERSITY; TO AMEND SECTIONS 59-149-10 AND 59-149-50, RELATING TO LIFE SCHOLARSHIPS, SO AS TO REVISE THE INSTITUTIONS WHICH ARE QUALIFIED TO RECEIVE LIFE SCHOLARSHIP FUNDS AND TO REVISE THE ELIGIBILITY AND RETENTION REQUIREMENTS FOR A LIFE SCHOLARSHIP; TO ADD SECTION 59-127-470 SO AS TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY AND NEED FOR A SCHOOL OF LAW AT THE SOUTH CAROLINA STATE UNIVERSITY IN ORANGEBURG.

Very respectfully,
President
Received as information.

The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.

The following was received:

Columbia, S.C., March 9, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Leatherman, Leventis and O'Dell of the Committee of Free Conference on the part of the Senate on H. 3900:

H. 3900 (Word version) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Cobb-Hunter, Mahaffey, Perry, E. H. Pitts, Mack, M. A. Pitts, Richardson, J. H. Neal, Howard, Sandifer, Bales, Simrill, Neilson, Skelton, Owens, J. R. Smith, Snow, Talley, Bailey, Trotter, Umphlett, White, Thompson, Whitmire, Whipper, Witherspoon and Young: A BILL TO PROVIDE THAT THE PROCEEDS OF BONDS AUTHORIZED PURSUANT TO THE "SOUTH CAROLINA RESEARCH UNIVERSITY INFRASTRUCTURE ACT" ARE APPROPRIATED AND AUTHORIZED TO BE EXPENDED FOR THE PURPOSES AND IN THE MANNER SET FORTH IN THAT ACT, INCLUDING THE COSTS OF ISSUANCE OF SUCH BONDS, AND TO PROVIDE THAT THE PROCEEDS OF BONDS AUTHORIZED PURSUANT TO THE AMENDMENTS TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT ARE APPROPRIATED AND AUTHORIZED TO BE EXPENDED FOR THE PURPOSES AND IN THE MANNER SET FORTH IN THAT ACT, INCLUDING THE COSTS OF ISSUANCE OF SUCH BONDS.

Very respectfully,
President
Received as information.

The following was received:

Columbia, S.C., March 9, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3900:

H. 3900 (Word version) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Cobb-Hunter, Mahaffey, Perry, E. H. Pitts, Mack, M. A. Pitts, Richardson, J. H. Neal, Howard, Sandifer, Bales, Simrill, Neilson, Skelton, Owens, J. R. Smith, Snow, Talley, Bailey, Trotter, Umphlett, White, Thompson, Whitmire, Whipper, Witherspoon and Young: A BILL TO PROVIDE THAT THE PROCEEDS OF BONDS AUTHORIZED PURSUANT TO THE "SOUTH CAROLINA RESEARCH UNIVERSITY INFRASTRUCTURE ACT" ARE APPROPRIATED AND AUTHORIZED TO BE EXPENDED FOR THE PURPOSES AND IN THE MANNER SET FORTH IN THAT ACT, INCLUDING THE COSTS OF ISSUANCE OF SUCH BONDS, AND TO PROVIDE THAT THE PROCEEDS OF BONDS AUTHORIZED PURSUANT TO THE AMENDMENTS TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT ARE APPROPRIATED AND AUTHORIZED TO BE EXPENDED FOR THE PURPOSES AND IN THE MANNER SET FORTH IN THAT ACT, INCLUDING THE COSTS OF ISSUANCE OF SUCH BONDS.

Very respectfully,
President
Received as information.

The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.

The following was introduced:

H. 4913 (Word version) -- Reps. Scott, Lourie, Bales, J. Brown, Cotty, Harrison, Howard, J. H. Neal, Quinn and J. E. Smith: A HOUSE RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF INTERSTATE 77 AND TWO NOTCH ROAD IN RICHLAND COUNTY FOR JOHN V. GREEN AND INSTALL APPROPRIATE MARKERS OR SIGNS INDICATING THIS DESIGNATION IN HONOR AND RECOGNITION OF MR. GREEN'S SERVICE AND COMMITMENT TO WORKING WITHIN THE COLUMBIA COMMUNITY.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 4914 (Word version) -- Reps. McLeod and Huggins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, MARCH 18, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER TO THE CHAPIN HIGH SCHOOL GIRLS CROSS-COUNTRY TEAM AND COACH JACK LEGRAND FOR THE PURPOSE OF RECOGNIZING THEM FOR WINNING THE STATE CLASS AA CROSS-COUNTRY CHAMPIONSHIP IN 2003.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives on Thursday, March 18, 2004, at a time to be determined by the Speaker is extended to the Chapin High School girls cross-country team and Coach Jack LeGrand for the purpose of recognizing them for winning the State Class AA Cross-Country Championship in 2003.

The Resolution was adopted.

The following was introduced:

H. 4915 (Word version) -- Reps. McLeod and Huggins: A HOUSE RESOLUTION TO CONGRATULATE THE CHAPIN HIGH SCHOOL GIRLS CROSS-COUNTRY TEAM FOR WINNING THE 2003 STATE CLASS AA CROSS-COUNTRY CHAMPIONSHIP.

The Resolution was adopted.

The Senate sent to the House the following:

S. 1038 (Word version) -- Senator J. V. Smith: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE SUZANNE CULP OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES UPON HER RETIREMENT ON MARCH 31, 2004, AND TO EXTEND BEST WISHES TO HER IN ALL OF HER FUTURE ENDEAVORS.

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. 4916 (Word version) -- Rep. Snow: A BILL TO AMEND SECTION 59-150-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE SOUTH CAROLINA LOTTERY COMMISSION, SO AS TO AUTHORIZE AND DIRECT THE COMMISSION TO ESTABLISH A SOUTH CAROLINA PALMETTO FUND DESIGNED TO PROVIDE AN INDIVIDUAL ACCOUNT FROM WHICH A PERSON ELIGIBLE TO PLAY THE LOTTERY MAY MAKE AN ON-LINE PURCHASE OF A LOTTERY SHARE; AND TO AMEND SECTION 59-150-70, RELATING TO REGULATION OF TICKET SALES, SO AS TO PROVIDE FOR THE ON-LINE PURCHASE OF A LOTTERY SHARE THROUGH FUNDS DEPOSITED IN THE SOUTH CAROLINA PALMETTO FUND THROUGH A CREDIT CARD TRANSACTION.
Referred to Committee on Ways and Means

H. 4917 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN LAURENS COUNTY SCHOOL DISTRICT NO. 55 WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. TAYLOR, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4918 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 23-43-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT OF FEES BY THE SOUTH CAROLINA BUILDING CODES COUNCIL FOR THE ENFORCEMENT OF THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO PROVIDE THAT THE COUNCIL SHALL ESTABLISH FEES BASED UPON THE COSTS OF ADMINISTERING THE CHAPTER AND TO DELETE THE PROVISION REQUIRING THE DEPOSIT OF THESE FEES IN THE STATE GENERAL FUND; TO AMEND SECTION 41-16-140, AND SECTION 41-18-120, BOTH AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS TO ESTABLISH FEES FOR THE INSPECTION AND PERMITTING OF ELEVATORS AND OF AMUSEMENT RIDES, RESPECTIVELY, SO AS TO PROVIDE THAT THESE FEES MUST BE BASED UPON THE COSTS OF ADMINISTERING THEIR RESPECTIVE CHAPTERS, TO PROHIBIT THE ISSUANCE OF LICENSES OR PERMITS IF A PERSON HAS FAILED TO PAY THE APPLICABLE FEES, AND TO PROVIDE THAT THE SET-OFF DEBT COLLECTION ACT MUST BE USED FOR THE COLLECTION OF UNPAID FEES.
Referred to Committee on Labor, Commerce and Industry

H. 4919 (Word version) -- Rep. Jennings: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27, 2004, AND FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF SCHOOLS IN THE SCHOOL DISTRICT OF MARLBORO COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. HAYES, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4920 (Word version) -- Reps. Loftis, Altman, Barfield, Cato, Ceips, Clemmons, Coates, Davenport, Delleney, Frye, Gilham, Hamilton, Harrison, Haskins, Hosey, Koon, Leach, Littlejohn, Owens, Quinn, Rice, Sandifer, Simrill, Sinclair, G. M. Smith, G. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Tripp, Vaughn and Witherspoon: A BILL TO AMEND SECTION 20-7-1642, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WITH WHOM CHILDREN MAY NOT BE PLACED FOR FOSTER CARE, SO AS TO PROVIDE THAT THESE RESTRICTIONS ALSO APPLY TO ADOPTIVE PLACEMENTS, AND TO ALSO PROVIDE AS A RESTRICTION, A PERSON WHO IS IN A SEXUAL RELATIONSHIP WITH A PERSON IN HIS OR HER HOME OTHER THAN THE PERSON'S LAWFUL SPOUSE AND TO FURTHER PROVIDE FOR PLACEMENT PROCEDURES CONCERNING THESE RESTRICTIONS.
Referred to Committee on Judiciary

H. 4921 (Word version) -- Reps. Ott, Clark, Cobb-Hunter, Witherspoon, Rhoad, Duncan, Hosey, Clyburn, Weeks, J. H. Neal, Breeland, G. Brown, Freeman, Gilham, J. Hines, Hinson, Koon, Lloyd, Mahaffey, Martin, McCraw, Merrill, Miller, Moody-Lawrence, Pinson, M. A. Pitts, Snow, Stille and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 TO TITLE 50 SO AS TO ENACT THE ALL-TERRAIN VEHICLE SAFETY ACT BY PROVIDING FOR A DEFINITION OF ALL-TERRAIN VEHICLES, REGULATION OF OPERATION AND SAFETY EQUIPMENT, REGISTRATION AND LICENSING, OPERATOR AND OWNER LIABILITY, AND CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS.
Referred to Committee on Education and Public Works

H. 4922 (Word version) -- Reps. McGee, Branham, J. Hines, M. Hines, Lucas, Coates and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-740 SO AS TO AUTHORIZE THE AREA COMMISSION OF FLORENCE-DARLINGTON TECHNICAL COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH A PRIVATE ENTITY FOR THE CREATION AND OPERATION OF AN ON-CAMPUS FACILITY, THE PURPOSE OF WHICH SHALL BE DETERMINED BY THE COMMISSION, TO PROVIDE FOR THE APPROVALS NECESSARY TO ENTER INTO SUCH AN AGREEMENT AND FOR SPECIFIC TERMS AND CONDITIONS WHICH MUST BE A PART OF SUCH AN AGREEMENT, TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A LEASE OR LEASE PURCHASE AGREEMENT WITH A PRIVATE ENTITY FOR IT TO OCCUPY A COLLEGE FACILITY OR A FACILITY TO BE BUILT BY THE COLLEGE ON COLLEGE PROPERTY FOR THE PURPOSE OF CONDUCTING AN ENTREPRENEUR OR COMMERCIAL ACTIVITY, AND TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A GROUND LEASE WITH A PRIVATE ENTITY FOR THE PRIVATE ENTITY TO BUILD A FACILITY ON PROPERTY OF THE COLLEGE IN WHICH IT WILL CONDUCT ENTREPRENEURIAL OR COMMERCIAL ACTIVITY CONSISTENT WITH THE SCOPE AND MISSION OF THE COLLEGE.
On motion of Rep. MCGEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4923 (Word version) -- Reps. Hosey, Govan, Rhoad and Bowers: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27 AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN BARNWELL COUNTY SCHOOL DISTRICT NOS. 19, 29, AND 45 WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. HOSEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4924 (Word version) -- Reps. Witherspoon, Harrell, Cobb-Hunter, Battle, Martin, Kirsh, Viers, Rhoad, McGee, Hayes, Lucas, Whipper, Quinn, Jennings, Coleman, Snow, J. Hines, Bailey, Bales, Barfield, Branham, Breeland, G. Brown, R. Brown, Cato, Chellis, Clemmons, Coates, Cooper, Davenport, Delleney, Duncan, Edge, Emory, Frye, Hamilton, Harrison, Haskins, Herbkersman, M. Hines, Keegan, Kennedy, Koon, Leach, Limehouse, Littlejohn, Loftis, Mahaffey, McCraw, Miller, J. M. Neal, Neilson, Ott, Perry, Phillips, Pinson, M. A. Pitts, Rice, Richardson, Rivers, Sandifer, Sinclair, D. C. Smith, G. R. Smith, J. R. Smith, Stille, Townsend, Trotter, Vaughn, Walker, White and Young: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE SHARE.
Referred to Committee on Ways and Means

S. 799 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO PROVIDE THAT FORK SHOALS ROAD IN GREENVILLE AT ITS CONJUNCTION WITH THE DONALDSON CENTER IS NAMED THE "JAMES R. AND AIDA HATLEY MEMORIAL HIGHWAY" AND TO FURTHER PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION IS DIRECTED TO PLACE APPROPRIATE SIGNS ON FORK SHOALS ROAD IN GREENVILLE AT ITS CONJUNCTION WITH THE DONALDSON CENTER THAT READ: "JAMES R. AND AIDA HATLEY MEMORIAL HIGHWAY".
Referred to Committee on Education and Public Works

S. 1027 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING FREESTANDING OR MOBILE TECHNOLOGY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2859, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 1028 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO MANUFACTURE, DISTRIBUTION AND SALE OF FROZEN DAIRY FOODS AND FROZEN DESSERTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2857, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

The following was introduced:

H. 4928 (Word version) -- Reps. Talley, Sinclair, Anthony, Littlejohn, Mahaffey, W. D. Smith and Walker: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE THE ACCOMPLISHMENTS OF CROFT FIRE DEPARTMENT CHIEF LEWIS HAYES OF SPARTANBURG COUNTY AND TO THANK CHIEF HAYES FOR ALL HE DOES FOR HIS COMMUNITY IN THIS IMPORTANT POSITION.

The Resolution was adopted.

The following was introduced:

H. 4929 (Word version) -- Rep. McCraw: A HOUSE RESOLUTION TO CONGRATULATE THE GAFFNEY HIGH SCHOOL "INDIANS" BOYS VARSITY BASKETBALL TEAM ON WINNING THE 2004 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP, TO COMMEND THESE FINE ATHLETES AND THEIR COACHES FOR THE HARD WORK, TREMENDOUS SPIRIT, AND TEAMWORK THAT LED TO THE GAFFNEY "INDIANS" TO A SECOND STRAIGHT CHAMPIONSHIP WIN, AND TO WISH THE TEAM AND ITS COACHES MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.

The Resolution was adopted.

The following was introduced:

H. 4930 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE PASTORS AND MEMBER CHURCHES OF THE MIDLANDS BAPTIST ASSOCIATION, INC., AND WISHING THEM MUCH SUCCESS AS THEY UNITE TO BUILD GOD'S KINGDOM ON EARTH THROUGH MEETING THE RELIGIOUS NEEDS OF THE COMMUNITIES THEY SERVE.

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

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Emory                  Freeman                Frye
Gilham                 Gourdine               Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
J. Hines               Hinson                 Hosey
Howard                 Huggins                Keegan
Kirsh                  Koon                   Leach
Lee                    Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Owens                  Parks
Perry                  Pinson                 M. A. Pitts
Rhoad                  Rice                   Richardson
Rivers                 Sandifer               Scarborough
Scott                  Sinclair               Skelton
D. C. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
Whipper                White                  Whitmire
Wilkins                Witherspoon            Young

I came in after the roll call and was present for the Session on Wednesday, March 10.

Gary Simrill                      David Mack
H.B. "Chip" Limehouse             Ronald Townsend
Kenneth Kennedy                   Edward H. "Ted" Pitts
Denny Neilson                     Creighton Coleman
Olin Phillips                     Jerry Govan
Todd Rutherford                   Mack Hines
G. Murrell Smith                  David Weeks
Douglas Jennings                  Harry Ott
Marty Coates                      Richard Quinn
Fletcher Smith                    Alex Harvin
Tracy Edge

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. 4130 (Word version)
Date:   ADD:
03/10/04   ANTHONY

Bill Number:   H. 4908 (Word version)
Date:   ADD:
03/10/04   MAHAFFEY

Bill Number:   H. 4081 (Word version)
Date:   ADD:
03/10/04   BAILEY

Bill Number:   H. 4783 (Word version)
Date:   ADD:
03/10/04   TAYLOR

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.

H. 4925 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2004; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

Rep. J.E. SMITH proposed the following Amendment No. 65 (Doc Name h:\legwork\house\amend\h-wm\004\sat prep.doc), which was tabled:

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 339, paragraph 36, line 35, by reinserting after reports:

/To further encourage schools to emphasize SAT/ACT improvement, the high school earning the highest average gain in SAT scores shall receive a bonus of $50,000, and the 10 schools achieving the next highest gains shall each receive a bonus of $10,000./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. J. E. SMITH spoke in favor of the amendment.

Rep. J. R. SMITH moved to table the amendment.

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

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Cato                   Ceips
Clark                  Clemmons               Cooper
Dantzler               Duncan                 Frye
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Leach                  Limehouse
Littlejohn             McCraw                 McGee
Merrill                Neilson                Owens
Perry                  Pinson                 Rhoad
Richardson             Scarborough            Simrill
Sinclair               D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Young

Those who voted in the negative are:

Anthony                Breeland               G. Brown
J. Brown               R. Brown               Emory
Freeman                Gourdine               J. Hines
M. Hines               Howard                 Kennedy
Lee                    Lloyd                  Lourie
Mack                   McLeod                 Miller
Moody-Lawrence         J. H. Neal             Parks
Scott                  J. E. Smith            Whipper

So, the amendment was tabled.

Rep. J.E. SMITH proposed the following Amendment No. 66 (Doc Name h:\legwork\house\amend\h-wm\004\efa project.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 332, paragraph 4, line 21, by inserting after Southeast:
/In accordance with Section 59-20-40(b), the Division of Research and Statistics of the Budget and Control Board projects that the Fiscal Year 2004-05 base student cost adjusted to incorporate the inflated cost of providing the Defined Minimum Program is $2,234./
Amend the bill further, as and if amended, page 332, paragraph 4, line 22, by inserting after determined:
/and established by the General Assembly/
Amend the bill further, as and if amended, page 332, paragraph 4, line 22, by inserting after 2004-05,:
/the total Education Finance Act weighted pupil count is projected by the Division of Research and Statistics of the Budget and Control Board to be 842,000,/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. J. H. NEAL spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. LITTLEJOHN spoke against the amendment.

Rep. HARRELL moved to table the amendment.

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

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Cato
Chellis                Clemmons               Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Huggins
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Mahaffey               Martin                 McGee
Merrill                Neilson                Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Rice                   Richardson             Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Those who voted in the negative are:

Allen                  Anthony                Bales
Bowers                 Branham                Breeland
J. Brown               R. Brown               Clark
Clyburn                Coates                 Cobb-Hunter
Coleman                Emory                  Freeman
Gourdine               Govan                  Hayes
J. Hines               M. Hines               Hosey
Howard                 Jennings               Kennedy
Lee                    Lourie                 Lucas
Mack                   McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Ott                    Parks                  Phillips
Scott                  F. N. Smith            J. E. Smith
Snow                   Weeks                  Whipper

So, the amendment was tabled.

Reps. WALKER and STILLE proposed the following Amendment No. 107 (Doc Name h:\legwork\house\amend\h-wm\004\average.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 332, paragraph 4, line 23, by inserting after The:
/average/
Amend the bill further, as and if amended, page 332, paragraph 4, line 23, by striking after this is/a/ and inserting /an average/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. J.E. SMITH proposed the following Amendment No. 61 (Doc Name h:\legwork\house\amend\h-wm\004\furlough.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 346, paragraph 74, line 12-36, by striking the proviso in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Davenport              Duncan
Frye                   Hamilton               Harrell
Herbkersman            Hinson                 Huggins
Keegan                 Kirsh                  Leach
Littlejohn             Loftis                 Mahaffey
McCraw                 McGee                  Merrill
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Richardson
Sandifer               Scarborough            Simrill
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            Stewart                Stille
Talley                 Taylor                 Toole
Townsend               Tripp                  Trotter
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon

Those who voted in the negative are:

Anthony                Bales                  Bowers
Branham                Breeland               J. Brown
Clyburn                Coates                 Cobb-Hunter
Coleman                Delleney               Emory
Freeman                Gourdine               Govan
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Jennings
Kennedy                Lee                    Lloyd
Lourie                 Lucas                  Mack
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Parks                  Phillips               Rutherford
Scott                  G. M. Smith            J. E. Smith
Snow                   Thompson               Weeks
Whipper

So, the amendment was tabled.

Reps. WALKER and STILLE proposed the following Amendment No. 112 (Doc Name h:\legwork\house\amend\h-wm\004\nbc 5000.doc), which was tabled:

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 345, paragraph 70, line 7-35, by striking the proviso in its entirety and inserting /After June 30, 2004, public school classroom teachers or classroom teachers who work with classroom teachers who are certified by the State Board of Education and who apply and subsequently become certified by the National Board for Professional Teaching Standards shall be paid a $5,000 salary supplement in the year of achieving certification. Teachers employed at the special schools shall be eligible for this $5,000 salary supplement. The special schools include the Governor's School for Science and Math, Governor's School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice, and Palmetto Unified School District 1. The $5,000 salary supplement shall be added to the annual pay of the teacher for the length of the national certificate. Individuals currently receiving a $7,500 salary supplement shall continue to receive that supplement for the life of the original certificate. Teachers applying for National Board Certification after June 30, 2004 shall not be eligible for application loans. In addition, teachers who are certified by the National Board for Professional Teaching Standards shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for national board certification. National board certified teachers moving to this State are exempted from initial certification requirements and are eligible for continuing contract status. Their recertification cycle will be consistent with National Board Certification.

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.
Amend totals and titles to conform.

Rep. WALKER explained the amendment.

Rep. SIMRILL spoke against the amendment.
Rep. SCOTT spoke against the amendment.
Rep. STILLE spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.
Rep. WALKER spoke in favor of the amendment.

Rep. COTTY moved to table the amendment.

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

Those who voted in the affirmative are:

Allen                  Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               J. Brown               R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Emory                  Freeman
Gourdine               Govan                  Harrell
Harrison               Haskins                Hayes
Herbkersman            M. Hines               Hinson
Hosey                  Howard                 Huggins
Jennings               Kennedy                Leach
Lee                    Limehouse              Lloyd
Lourie                 Lucas                  Mack
McCraw                 McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Ott                    Parks                  Phillips
E. H. Pitts            M. A. Pitts            Richardson
Rutherford             Sandifer               Scarborough
Scott                  Simrill                Skelton
D. C. Smith            F. N. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Snow
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Umphlett               Viers                  Whipper
White                  Wilkins                Young

Those who voted in the negative are:

Altman                 Davenport              Gilham
Hamilton               J. Hines               Keegan
Kirsh                  Littlejohn             Neilson
Owens                  Perry                  Pinson
Rice                   W. D. Smith            Stille
Toole                  Walker                 Weeks
Whitmire               Witherspoon

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 162 (Doc Name h:\legwork\house\amend\h-wm\004\buspriv.doc):

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 347, paragraph 77, line 11, by inserting after competition: /In evaluating proposals for school bus privatization, the Budget and Control Board shall from the funds provided to it compare all of the costs, including fixed and capital costs, of operating the school bus system privately versus operating it publicly to determine if accepting the proposal is economically beneficial to the State. In developing the RFP, the Budget and Control Board shall include employment of current bus employees for at least one year in their present positions as part of the criteria for acceptance of the proposal./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. COBB-HUNTER moved to adjourn debate on the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 90 (Doc Name h:\legwork\house\amend\h-wm\004\busdistinput.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 347, paragraph 77, line 9, by inserting after Education:
/, school districts/
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. TOWNSEND, STILLE, MARTIN, MCLEOD and THOMPSON proposed the following Amendment No. 136 (Doc Name h:\legwork\house\amend\h-wm\004\private study 2.doc), which was adopted:

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 347, paragraph 77, line 9-11, by striking the proviso in its entirety and inserting /From the funds provided to the Department of Education, the Department of Education is directed to coordinate a committee to study the feasibility of school bus privatization. The committee shall consist of the following members: The Chairman of the Committee and another member to be appointed by the Governor, the Chairman of the Senate Transportation Committee or his designee, the Chairman of the House Education and Public Works Committee or his designee, the State Superintendent of Education or her designee, the President of the South Carolina School Board Association or his designee, and a South Carolina School Bus Supervisor designated by the South Carolina Association for Pupil Transportation. The committee must report to the General Assembly no later than January 15, 2005./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. TOWNSEND explained the amendment.

Rep. SCOTT spoke in favor of the amendment.
Rep. HARRELL spoke in favor of the amendment.

Rep. HARRELL continued speaking.
The amendment was then adopted.

Rep. J.E. SMITH proposed the following Amendment No. 69 (Doc Name h:\legwork\house\amend\h-wm\004\efa funded.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 348, after line 3, by adding an appropriately numbered paragraph to read:
/(EFA Full Funding) In the current year, no General Fund appropriations may be increased until the Education Finance Act is fully funded at the amount needed to attain the projected Base Student Cost ($2,234) promulgated by the Office of Research and Statistics./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. J. R. SMITH moved to table the amendment.

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

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Herbkersman            Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Lee
Limehouse              Loftis                 Lourie
Mahaffey               Martin                 McCraw
McGee                  Merrill                Neilson
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Richardson             Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stille
Talley                 Taylor                 Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Bowers                 Breeland
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Freeman                Gourdine
Harvin                 Hayes                  J. Hines
M. Hines               Hosey                  Howard
Jennings               Kennedy                Lloyd
Lucas                  Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal
Ott                    Parks                  Rhoad
Rutherford             Scott                  F. N. Smith
J. E. Smith            Snow                   Thompson
Weeks                  Whipper

So, the amendment was tabled.

Reps. COOPER and TOWNSEND proposed the following Amendment No. 198 (Doc Name h:\legwork\house\amend\h-wm\004\lunch sup.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 348, after line 3, by adding an appropriately numbered paragraph to read:

/For those counties in which an entity other than the school district administers the school lunch supervisor and/or attendance supervisor programs, the school districts in that county shall transfer to the entity the amount available in the previous fiscal year for administration of the school lunch supervisor and/or attendance supervisor programs. Each district shall transfer a pro-rata share of the total cost based upon the percentage of state EFA funds distributed to the districts within the county./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. COBB-HUNTER proposed the following Amendment No. 162 (Doc Name h:\legwork\house\amend\h-wm\004\buspriv.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 347, paragraph 77, line 11, by inserting after competition:
/In evaluating proposals for school bus privatization, the Budget and Control Board shall from the funds provided to it compare all of the costs, including fixed and capital costs, of operating the school bus system privately versus operating it publicly to determine if accepting the proposal is economically beneficial to the State. In developing the RFP, the Budget and Control Board shall include employment of current bus employees for at least one year in their present positions as part of the criteria for acceptance of the proposal./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER moved to table the amendment, which was agreed to.

Section 1, as amended, was adopted.

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

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

At 2:00 p.m. the House resumed, Acting Speaker KIRSH in the Chair.

The following was received:

Columbia, S.C., March 10, 2004
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 2:15 p.m. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. W. D. SMITH the invitation was accepted.

At 2:15 p.m. the House attended in the Senate Chamber, where the following Acts were duly ratified:

(R211, S. 390 (Word version)) -- Senator Hayes: AN ACT TO AMEND SECTION 20-7-5010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT OF CHILDREN'S TRUST FUND, SO AS TO ALLOW THE FUND'S BOARD TO AWARD GRANTS TO STATE AND PRIVATE PROGRAMS THAT ENHANCE OR PROMOTE THE ADOPTION OF SPECIAL NEEDS CHILDREN IN STATE CUSTODY; SECTION 20-7-5030, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE FUND'S BOARD OF TRUSTEES, SO AS TO ALLOW THE FUND'S BOARD TO ASSESS NEEDS, SOLICIT PROPOSALS, AND AWARD GRANTS TO PROGRAMS THAT ENHANCE OR PROMOTE THE ADOPTION OF SPECIAL NEEDS CHILDREN IN STATE CUSTODY; AND SECTION 20-7-5050, RELATING TO THE LIMITATION ON THE AMOUNT OF CHILDREN'S TRUST FUND REVENUES WHICH MAY BE DISBURSED, SO AS TO REMOVE THIS LIMITATION.

(R212, S. 560 (Word version)) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. V. Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes, Setzler and Ford: AN ACT TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX; TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY"; TO AMEND SECTIONS 11-41-20, 11-41-30, 11-41-70, 11-41-120, AND TO ADD SECTION 11-41-180, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, NOTICE, PROCUREMENT, AND ISSUANCE REQUIREMENTS SO AS TO ALLOW AND PROVIDE THE CONDITIONS UNDER WHICH SUCH BONDS MAY BE USED FOR INFRASTRUCTURE FOR CERTAIN LIFE SCIENCES FACILITIES AND OTHER ECONOMIC DEVELOPMENT PROJECTS INCLUDING TOURISM TRAINING INFRASTRUCTURE PROJECTS AND NATIONAL AND INTERNATIONAL CONVENTION AND TRADE SHOW CENTERS; TO PROVIDE THAT BEGINNING JANUARY 1, 2005, THE DEPARTMENT OF REVENUE ANNUALLY SHALL REPORT TO THE JOINT COMMITTEE ON TAXATION THE REVENUE IMPACT OF THIS ACT, AND TO PROVIDE THAT THE DEPARTMENT OF COMMERCE ANNUALLY SHALL REPORT THE COST AND BENEFIT OF THIS ACT, TOGETHER WITH THE JOB CREATION AND CAPITAL INVESTMENT MADE BY QUALIFYING BUSINESSES; TO ADD CHAPTER 45 TO TITLE 11 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA" SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND IN THE DEPARTMENT OF COMMERCE KNOWN AS THE VENTURE CAPITAL FUND, TO PROVIDE FOR THE MANAGEMENT OF THIS SPECIAL FUND, TO PROVIDE FOR MONIES TO BE OBTAINED BY THE FUND FOR ITS STATED PURPOSES THROUGH LOANS MADE BY CERTAIN LENDERS AS CAPITAL COMMITMENTS TO THE FUND, TO PROVIDE FOR REPAYMENTS TO LENDERS, TO PROVIDE THAT LENDERS SHALL RECEIVE TAX CREDITS WHICH MAY BE USED AS A CONTINGENT RESOURCE TO MEET PRINCIPAL AND INTEREST PAYMENTS WHEN DUE, AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH INVESTMENTS FROM THE FUND MAY BE MADE IN VENTURE CAPITAL INVESTMENTS FOR THE BENEFIT OF THIS STATE; TO ESTABLISH THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND UNDER THE ADMINISTRATION OF THE BOARD OF DIRECTORS OF THE VENTURE CAPITAL FUND AND TO PROVIDE FOR ITS USES, AND TO PROVIDE THAT UNDER CERTAIN CONDITIONS, THE ASSETS AND LIABILITIES OF THE PALMETTO SEED CAPITAL CORPORATION SHALL BE TRANSFERRED TO THE VENTURE CAPITAL FUND AND CHAPTER 44 OF TITLE 41 OF THE 1976 CODE RELATING TO PALMETTO SEED CAPITAL FUND IS REPEALED; TO PROVIDE THAT SECTIONS 59-101-10 THROUGH 59-101-410 ARE DESIGNATED AS ARTICLE 1, GENERAL PROVISIONS; TO ADD ARTICLE 3 TO CHAPTER 101 OF TITLE 59, RELATING TO INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THESE INSTITUTIONS OF HIGHER LEARNING MAY SPEND FEDERAL AND OTHER NONSTATE APPROPRIATED SOURCES OF REVENUE TO PROVIDE LUMP-SUM BONUSES, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER EDUCATIONAL FEE WAIVERS TO NO MORE THAN FOUR PERCENT OF THE TOTAL STUDENT BODY, TO PROVIDE THAT THESE INSTITUTIONS MAY ESTABLISH RESEARCH GRANT POSITIONS FUNDED BY CERTAIN GRANTS, TO PROVIDE THE CONDITIONS FOR THE ESTABLISHMENT OF THESE POSITIONS, TO PROVIDE THAT THESE INSTITUTIONS MAY OFFER AND FUND, FROM ANY SOURCE OF REVENUE, HEALTH INSURANCE TO FULL-TIME GRADUATE ASSISTANTS, TO PROVIDE THAT THE BOARD OF TRUSTEES OF THESE INSTITUTIONS IS VESTED WITH CERTAIN POWERS OF EMINENT DOMAIN, AND TO PROVIDE THAT THESE INSTITUTIONS MAY NEGOTIATE FOR ITS ANNUAL AUDIT AND QUALITY REVIEW PROCESS WITH REPUTABLE CERTIFIED PUBLIC ACCOUNTANT FIRMS SELECTED FROM A LIST PREAPPROVED BY THE STATE AUDITOR'S OFFICE; TO ADD CHAPTER 51 TO TITLE 11 SO AS TO ENACT THE SOUTH CAROLINA RESEARCH UNIVERSITY INFRASTRUCTURE ACT, DEFINE CERTAIN TERMS, PROVIDE FOR THE ISSUANCE AND SALE OF BONDS FOR RESEARCH INFRASTRUCTURE PROJECTS FOR RESEARCH UNIVERSITIES AND FOR PROJECTS FOR CERTAIN OTHER PUBLIC INSTITUTIONS OF HIGHER LEARNING PURSUANT TO SPECIFIED CONDITIONS, PROVIDE FOR NOTIFICATION TO THE JOINT BOND REVIEW COMMITTEE AND THE STATE BUDGET AND CONTROL BOARD, PROVIDE FOR TERMS AND CONDITIONS APPLICABLE TO THE ISSUANCE OF SUCH BONDS INCLUDING PROCUREMENT PROCESSES, PROVIDE FOR AN AUTHORIZING RESOLUTION TO ISSUE THE BONDS, PROVIDE FOR MATURITY OF THE BONDS, PROVIDE FOR TAX EXEMPT STATUS OF THE BONDS, PROVIDE FOR PAYMENT OF PRINCIPAL AND INTEREST ON THE BONDS AND INCREASE THE DEBT SERVICE LIMIT FOR THESE BONDS, AND PROVIDE FOR PURCHASE OF BONDS; TO AMEND SECTION 2-47-50, AS AMENDED, RELATING TO THE ESTABLISHMENT OF PERMANENT PROJECTS BY THE BUDGET AND CONTROL BOARD, SO AS TO DEFINE PERMANENT IMPROVEMENT PROJECTS OF INSTITUTIONS OF HIGHER LEARNING; TO ADD SECTION 2-75-90 SO AS TO PROVIDE THAT TO MEET THE ENDOWED PROFESSORSHIPS MATCHING FUND REQUIREMENT UNDER THE RESEARCH CENTERS OF ECONOMIC EXCELLENCE ACT A RESEARCH UNIVERSITY IS AUTHORIZED TO USE SPECIFIED FUNDS FOR THIS PURPOSE AND TO PROVIDE AREAS IN WHICH THESE MATCHING FUNDS MAY BE USED; TO ADD SECTION 59-53-425 SO AS TO PROVIDE THAT THE GOVERNING COMMISSION OF TRIDENT TECHNICAL COLLEGE MAY ESTABLISH A FOUR-YEAR CULINARY CURRICULUM PROGRAM AND AWARD BACCALAUREATE DEGREES IN CULINARY ARTS FOR STUDENTS GRADUATING FROM THIS PROGRAM; TO PROVIDE THAT THE UNIVERSITY OF SOUTH CAROLINA SUMTER IS AUTHORIZED TO OFFER FOUR-YEAR DEGREES AT THE SUMTER CAMPUS AND TO PROVIDE THE TERMS AND CONDITIONS OF THIS AUTHORIZATION; TO PROVIDE THAT NO CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA SHALL BE CLOSED WITHOUT PRIOR AUTHORIZATION OF THE GENERAL ASSEMBLY BY ACT OR JOINT RESOLUTION; TO PROVIDE THAT A PUBLIC INSTITUTION OF HIGHER EDUCATION IS REQUIRED TO ANNUALLY REPORT THE NUMBER OF OUT-OF-STATE UNDERGRADUATE STUDENTS IN ATTENDANCE AT THE RESPECTIVE UNIVERSITY FOR THE FALL AND SPRING SEMESTER, AND TO PROVIDE THAT EACH UNIVERSITY WILL ALSO BE REQUIRED TO REPORT AN OUT-OF-STATE UNDERGRADUATE STUDENT POLICY AND HOW THAT POLICY WAS ENACTED BY EACH UNIVERSITY; TO AMEND SECTIONS 59-149-10 AND 59-149-50, RELATING TO LIFE SCHOLARSHIPS, SO AS TO REVISE THE INSTITUTIONS WHICH ARE QUALIFIED TO RECEIVE LIFE SCHOLARSHIP FUNDS AND TO REVISE THE ELIGIBILITY AND RETENTION REQUIREMENTS FOR A LIFE SCHOLARSHIP; TO ADD SECTION 59-127-470 SO AS TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY AND NEED FOR A SCHOOL OF LAW AT THE SOUTH CAROLINA STATE UNIVERSITY IN ORANGEBURG.

(R213, S. 787 (Word version)) -- Senator Leatherman: AN ACT TO AMEND SECTIONS 11-15-590, 11-21-60, AS AMENDED, 11-41-150, 41-43-110, AS AMENDED, 57-11-380, 59-71-180, 59-107-170, AND 59-146-140, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ALL RELATING TO THE USE OF BOND SALE PROCEEDS FOR GENERAL OBLIGATION BONDS ISSUED BY THE STATE AND POLITICAL SUBDIVISIONS OF THE STATE UNDER THE VARIOUS AUTHORIZING STATUTES, SO AS TO ELIMINATE THE REQUIREMENT THAT BOND PREMIUMS BE APPLIED ONLY TO THE FIRST INSTALLMENT OF PRINCIPAL DUE, TO AMEND SECTION 11-41-50, RELATING TO ECONOMIC DEVELOPMENT BONDS, SO AS TO CLARIFY THE APPLICATION OF THE LIMIT ON DEBT SERVICE ON THESE BONDS AND FURTHER AUTHORIZE THESE BONDS, TO AMEND SECTION 11-1-110, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO ISSUE REVENUE BONDS FOR STATE AGENCY BUILDINGS, SO AS TO ALLOW SUCH BONDS FOR CONSTRUCTING, RENOVATING, OR MAINTAINING SUCH FACILITIES, OR FOR REFUNDING SUCH BONDS ALREADY ISSUED AND TO ALLOW THESE BONDS TO BE FURTHER SECURED BY A MORTGAGE, TO AMEND SECTIONS 11-43-540 AND 11-43-550, RELATING TO TRANSPORTATION INFRASTRUCTURE TAX BONDS, SO AS TO PROVIDE FURTHER FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON THESE BONDS.

(R214, H. 3448 (Word version)) -- Labor, Commerce and Industry Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO PROVIDE THAT IT IS THE PUBLIC POLICY OF THIS STATE THAT A HANDBOOK, PERSONNEL MANUAL, POLICY, PROCEDURE, OR OTHER DOCUMENT ISSUED BY AN EMPLOYER AFTER JUNE 30, 2004, DOES NOT CREATE AN EXPRESS OR IMPLIED CONTRACT OF EMPLOYMENT IF IT IS CONSPICUOUSLY DISCLAIMED, AND PROVIDE THE MANNER IN WHICH THE DISCLAIMER MUST BE PRINTED.

(R215, H. 3617 (Word version)) -- Reps. Sandifer, Bailey, Frye, Cato, E.H. Pitts, Cotty, J.H. Neal, J. Brown, Anthony, Ceips, Duncan, Freeman, Mahaffey, McCraw, Ott, Phillips, M.A. Pitts, Stille, White and Whitmire: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 32-7-60 SO AS TO CREATE THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND AND TO PROVIDE FOR THE PURPOSE AND USES OF MONIES IN THE FUND; TO AMEND SECTION 32-7-45, RELATING TO THE TRANSFER PROCEDURES FOR TRUST FUNDS HELD PURSUANT TO PRENEED BURIAL CONTRACTS, SO AS TO REVISE THESE PROCEDURES; AND TO AMEND SECTION 32-7-50, RELATING TO LICENSURE REQUIREMENTS TO OFFER AND ENTER INTO PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE A PENALTY FOR ENTERING INTO SUCH CONTRACTS WITHOUT BEING LICENSED, TO PROVIDE THAT A LICENSEE WHO CANCELS HIS LICENSE AND LATER APPLIES FOR A NEW LICENSE, MUST HAVE HIS BOOKS, RECORDS, AND ACCOUNTS INVESTIGATED BY THE FUNERAL SERVICES BOARD TO DETERMINE WHETHER HE HAS VIOLATED CERTAIN PROVISIONS, TO REQUIRE A PERSON WHO SELLS PRENEED FUNERAL CONTRACTS TO PROVIDE THE BOARD WITH A LISTING OF EACH CONTRACT SOLD, TO PROVIDE A CIVIL PENALTY OF TEN DOLLARS TO BE ASSESSED A PERSON WHO SELLS PRENEED FUNERAL CONTRACTS WHO DOES NOT REPORT SERVICE CHARGES OR A CONTRACT LISTING TO THE BOARD IN A TIMELY MANNER AND PROVIDE THAT THE PENALTY MUST BE DEPOSITED IN THE PRENEED FUNERAL LOSS REIMBURSEMENT FUND, TO PROVIDE THAT THE BOARD MUST INVESTIGATE A PERSON'S BOOKS, RECORDS, AND ACCOUNTS IF IT BELIEVES THAT SERVICE CHARGES ARE BEING COLLECTED AND ARE EITHER NOT BEING REMITTED OR NOT TIMELY REMITTED, TO PROVIDE THE MAXIMUM AMOUNT THAT A SERVICE CHARGE FOR EACH CONTRACT MAY NOT EXCEED AND TO PROVIDE FOR ITS DISBURSEMENT, AND TO PROVIDE THAT THE BOARD MUST KEEP A RECORD OF EACH PRENEED FUNERAL CONTRACT FOR WHICH IT RECEIVES A SERVICE CHARGE; TO AMEND SECTION 32-7-70, RELATING TO REQUIRING A PROVIDER OF PRENEED FUNERAL CONTRACTS TO KEEP ACCURATE ACCOUNTS, BOOKS, AND RECORDS OF TRANSACTIONS, AGREEMENTS, AND OTHER INFORMATION, AND MAKE ALL BOOKS AND RECORDS PERTAINING TO TRUST FUND AVAILABLE TO THE STATE BOARD OF FINANCIAL INSTITUTIONS FOR EXAMINATIONS, SO AS TO REQUIRE THE BOARD TO INVESTIGATE A PROVIDER'S BOOKS, RECORDS, AND ACCOUNTS IF THE BOARD BELIEVES OR HAS RECEIVED A COMPLAINT ALLEGING THAT THE PROVIDER HAS VIOLATED CERTAIN PROVISIONS; TO AMEND SECTION 32-7-110, RELATING TO THE ENFORCEMENT OF THE PROVISIONS THAT GOVERN THE ADMINISTRATION OF PRENEED FUNERAL CONTRACTS, SO AS TO PROVIDE FOR THE INVESTIGATION OF ANY FUNERAL HOME, FUNERAL DIRECTOR, OR BUSINESS THAT IS BELIEVED TO BE ACTING AS A PROVIDER OF PRENEED FUNERAL CONTRACTS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO CERTAIN UNPROFESSIONAL CONDUCT THAT RESULTS IN THE NONISSUANCE, NONRENEWABLE, SUSPENSION, REVOCATION OF A LICENSE OF A FUNERAL DIRECTOR OR EMBALMER OR THE PLACEMENT OF A FUNERAL DIRECTOR OR EMBALMER ON PROBATION SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 40-19-290, AS AMENDED, RELATING TO A FUNERAL ESTABLISHMENT'S DISCLOSURE OF EXPENSES IN CONNECTION WITH AVAILABLE SERVICES, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE THAT THE STATE BOARD OF FINANCIAL INSTITUTIONS MUST UNDERTAKE INVESTIGATIONS AND CONDUCT HEARINGS TO DETERMINE WHETHER PAYMENTS RECEIVED BY FUNERAL ESTABLISHMENTS FOR FUNERAL MERCHANDISE THAT IS PURCHASED ARE BEING RECEIVED IN VIOLATION OF THE PROVISIONS THAT REGULATE PRENEED FUNERAL CONTRACTS; AND TO PROVIDE THAT THE POWERS AND DUTIES OF THE STATE BOARD OF FINANCIAL INSTITUTIONS RELATING TO PRENEED CONTRACTS AND INSTALLMENT PLANS WILL BE TRANSFERRED TO THE DEPARTMENT OF CONSUMER AFFAIRS ON JULY 1, 2006.

(R216, H. 3900 (Word version)) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Cobb-Hunter, Mahaffey, Perry, E.H. Pitts, Mack, M.A. Pitts, Richardson, J.H. Neal, Howard, Sandifer, Bales, Simrill, Neilson, Skelton, Owens, J.R. Smith, Snow, Talley, Bailey, Trotter, Umphlett, White, Thompson, Whitmire, Whipper, Witherspoon and Young: AN ACT TO PROVIDE THAT THE PROCEEDS OF BONDS AUTHORIZED PURSUANT TO THE "SOUTH CAROLINA RESEARCH UNIVERSITY INFRASTRUCTURE ACT" ARE APPROPRIATED AND AUTHORIZED TO BE EXPENDED FOR THE PURPOSES AND IN THE MANNER SET FORTH IN THAT ACT, INCLUDING THE COSTS OF ISSUANCE OF SUCH BONDS, AND TO PROVIDE THAT THE PROCEEDS OF BONDS AUTHORIZED PURSUANT TO THE AMENDMENTS TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT ARE APPROPRIATED AND AUTHORIZED TO BE EXPENDED FOR THE PURPOSES AND IN THE MANNER SET FORTH IN THAT ACT, INCLUDING THE COSTS OF ISSUANCE OF SUCH BONDS.

(R217, H. 4037 (Word version)) -- Rep. G. Brown: AN ACT TO AMEND SECTION 24-3-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF LOCAL REGIONAL CORRECTIONAL FACILITIES FOR THE CONFINEMENT OF CERTAIN PERSONS, SO AS TO PROVIDE THAT AN INMATE CONFINED IN A REGIONAL CORRECTIONAL FACILITY MAY BE SERVED A WARRANT BY A LAW ENFORCEMENT OFFICER OF A COUNTY WHICH PARTICIPATES IN THE FUNDING OF THE FACILITY WITHOUT IT BEING COUNTERSIGNED BY OFFICIALS OF THE COUNTY WHERE THE REGIONAL CORRECTIONAL FACILITY IS LOCATED.

(R218, H. 4415 (Word version)) -- Reps. J. Brown, Bales, Cotty, Harrison, Howard, Lourie, J.H. Neal, Quinn, Rutherford, Scott and J.E. Smith: AN ACT TO AMEND SECTION 59-53-1710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIDLANDS TECHNICAL COLLEGE COMMISSION, SO AS TO REMOVE THE TERM LIMITATION FOR THE MEMBERS OF THE COMMISSION.

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

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

H. 4925 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2004; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

Rep. J.R. SMITH proposed the following Amendment No. 153 (Doc Name h:\legwork\house\amend\h-wm\004\cerra.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 352, paragraph 23, line 4, by striking /$5,369,110/ and inserting /$5,836,110/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. COBB-HUNTER proposed the following Amendment No. 195 (Doc Name h:\legwork\house\amend\h-wm\010\restoring 1a.28.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 353, paragraph 28, line 11, by striking the paragraph in it's entirety/
and inserting /The funds provided for the local school innovation fund shall be distributed to the school districts on a FIFTY PERCENT average daily membership and FIFTY PERCENT EFA BASIS and shall be expended by the individual school in accordance with the school's long-range school improvement plan pursuant to Act 135 of 1993. Funds shall be accounted for in accordance with the eia program or strategy.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. J. R. SMITH 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:

Barfield               Bingham                Cato
Ceips                  Clark                  Clemmons
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Frye
Hagood                 Hamilton               Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Littlejohn             Lucas                  Mahaffey
McCraw                 McGee                  Merrill
Owens                  Perry                  Phillips
E. H. Pitts            Quinn                  Rice
Richardson             Sandifer               Scarborough
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Trotter                Umphlett               Vaughn
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Those who voted in the negative are:

Anthony                Breeland               G. Brown
Clyburn                Cobb-Hunter            Emory
Freeman                Gourdine               Hayes
J. Hines               M. Hines               Hosey
Howard                 McLeod                 J. M. Neal
Neilson                Parks                  Rivers
Scott                  J. E. Smith            Snow
Stille

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 171 (Doc Name h:\legwork\house\amend\h-wm\010\restoring 1a.28.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 353, paragraph 28, line 11, by striking the paragraph in it's entirety/ and inserting /The funds provided for the local school innovation fund shall be distributed to the school districts on a FIFTY PERCENT average daily membership and FIFTY PERCENT EFA BASIS and shall be expended by the individual school in accordance with the school's long-range school improvement plan pursuant to Act 135 of 1993. Funds shall be accounted for in accordance with the eia program or strategy.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. COBB-HUNTER continued speaking.

Rep. J. R. SMITH 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:

Altman                 Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clemmons               Cooper
Cotty                  Dantzler               Duncan
Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Herbkersman            Hinson
Huggins                Keegan                 Leach
Limehouse              Littlejohn             Lourie
Mahaffey               McCraw                 Merrill
Owens                  Perry                  E. H. Pitts
Quinn                  Rice                   Richardson
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
F. N. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Tripp                  Trotter
Umphlett               Vaughn                 Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Those who voted in the negative are:

Anthony                Bailey                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Clark                  Clyburn
Cobb-Hunter            Delleney               Freeman
Gourdine               Harvin                 Hayes
J. Hines               M. Hines               Hosey
Howard                 Jennings               Kennedy
Lee                    Lloyd                  Lucas
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Parks                  Phillips               Rhoad
Rivers                 Scott                  G. M. Smith
J. E. Smith            Snow                   Weeks

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 252 (Doc Name h:\legwork\house\amend\h-wm\004\innov efa.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 353, paragraph 28, line 12, by striking after an/average daily membership/ and inserting /EFA basis/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. COBB-HUNTER spoke in favor of the amendment.

Rep. COBB-HUNTER continued speaking.

Rep. J. R. SMITH 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:

Altman                 Battle                 Bingham
Cato                   Ceips                  Chellis
Clemmons               Cooper                 Cotty
Dantzler               Duncan                 Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Haskins
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Loftis
Mahaffey               Martin                 McCraw
McGee                  Perry                  Pinson
E. H. Pitts            Quinn                  Rice
Richardson             Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. R. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Those who voted in the negative are:

Anthony                Bailey                 Bales
Branham                Breeland               G. Brown
R. Brown               Clark                  Clyburn
Cobb-Hunter            Delleney               Emory
Freeman                Gourdine               Govan
Harvin                 Hayes                  J. Hines
M. Hines               Hosey                  Howard
Jennings               Kennedy                Lee
Lloyd                  Lucas                  Mack
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Phillips               Rhoad
Rivers                 Scott                  F. N. Smith
G. M. Smith            J. E. Smith            Snow
Weeks

So, the amendment was tabled.

Rep. TOWNSEND proposed the following Amendment No. 279 (Doc Name h:\legwork\house\amend\h-wm\004\maint effort.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 359, after line 24, by adding an appropriately numbered paragraph to read:
/in the current fiscal year, the requirements of Section 59-21-1030 are suspended./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. TOWNSEND explained the amendment.

Rep. J. E. SMITH spoke against the amendment.
Rep. SCOTT spoke against the amendment.

Rep. SCOTT moved to table the amendment.

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

Those who voted in the affirmative are:

Allen                  Anthony                Branham
Breeland               G. Brown               R. Brown
Clyburn                Cobb-Hunter            Cotty
Emory                  Freeman                Gourdine
Govan                  Hayes                  J. Hines
M. Hines               Hosey                  Howard
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Mack
Miller                 Moody-Lawrence         J. H. Neal
Parks                  Scott                  F. N. Smith
J. E. Smith            Snow                   Weeks

Those who voted in the negative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Ceips
Chellis                Clark                  Clemmons
Coates                 Cooper                 Dantzler
Davenport              Delleney               Duncan
Frye                   Gilham                 Hagood
Hamilton               Harrell                Harvin
Haskins                Herbkersman            Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Lucas                  Mahaffey
Martin                 McCraw                 McGee
Merrill                Neilson                Owens
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Richardson
Rivers                 Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Walker
White                  Whitmire               Wilkins
Witherspoon

So, the House refused to table the amendment.

Rep. J. E. SMITH spoke against the amendment.

Rep. LOURIE raised the Point of Order that Amendment No. 279 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that in accordance with Rule 5.3B, the substantial effect of all temporary provisions of law and amendments thereto must be directly germane to the appropriation of funds, affect revenue, or be directives relative to the appropriations of funds or affecting revenue. The amendment suspended the requirements of South Carolina Code Section 59-21-1030. The Speaker stated that the same Point of Order was raised on March 12, 2003 on an almost identical issue. In that ruling, the Point was overruled in that the proviso was a directive that related to local and state funds for the fiscal year referred to in the Appropriations Bill. He stated further that based on that precedent he would overrule the Point of Order.

Rep. J. H. NEAL spoke against the amendment.
Rep. MACK spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Those who voted in the affirmative are:

Altman                 Barfield               Bingham
Cato                   Ceips                  Chellis
Coates                 Cooper                 Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrell
Haskins                Herbkersman            Hinson
Huggins                Keegan                 Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
Merrill                Owens                  Perry
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Those who voted in the negative are:

Anthony                Bailey                 Bales
Battle                 Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Cotty                  Emory
Freeman                Gourdine               Harvin
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Jennings
Kennedy                Lee                    Lloyd
Lourie                 Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Phillips               Rhoad
Rivers                 Rutherford             Scott
F. N. Smith            J. E. Smith            Snow
Weeks                  Whipper

So, the amendment was adopted.

Rep. OTT proposed the following Amendment No. 286 (Doc Name h:\legwork\house\amend\h-wm\008\student attendance.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 357, paragraph 44, line 27, by inserting after the word /cards./ the words:
/For the purpose of reporting student attendance on school and district report cards, days missed immediately after inclement weather where student absence rates are forty-five percent or greater shall not have those days reflected in their attendance performance indicator./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. OTT explained the amendment.

Rep. KIRSH raised the Point of Order that Amendment No. 286 was out of order in that it was not germane to the Bill under Rule 5.3 B.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Section 1A, as amended, was adopted.

Rep. KIRSH proposed the following Amendment No. 91 (Doc Name h:\legwork\house\amend\h-wm\004\lottoflex.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 361, paragraph 4, line 28, by inserting after programs:
/, grants, or technical assistance funds allocated directly to an individual school/
Amend the bill further, as and if amended, page 361, paragraph 4, line 29, by inserting after appropriated:
/However, all school districts may transfer up to one hundred percent of other lottery funds appropriated to school districts between programs to any instructional program provided the funds are utilized for direct classroom instruction./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KIRSH explained the amendment.

Rep. COATES demanded the yeas and nays, which were not ordered.

The amendment was then adopted by a division vote of 98 to 0.

Reps. HARRELL and HINSON proposed the following Amendment No. 292 (Doc Name h:\legwork\house\amend\h-wm\007\lottery_ number_one.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 359, paragraph 1, line 27, by striking the proviso in its entirety and inserting
/1AA.1.   (LEA: Lottery Funds) There is appropriated from the Education Lottery Account for the following education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control Board as directed below. These appropriations must be used to supplement and not supplant existing funds for education.

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 provided in this section.

Notwithstanding any other provision of law, for Fiscal Year 2004-05 the lottery commission is directed to deposit at least 35% of the gross lottery revenues for the fiscal year in the education lottery account.

All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year and shall be used to support the appropriations contained herein.

For Fiscal Year 2004-05 certified net lottery proceeds and investment earnings and any other proceeds identified by this provision are appropriated as follows:

(1)   Commission on Higher Education--Tuition Assistance Two-Year Institutions, $34,000,000;

(2)   Commission on Higher Education--LIFE Scholarships as provided in Chapter 149 of Title 59, $92,727,949;

(3)   Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370, $6,183,017;

(4)   Commission on Higher Education--Palmetto Fellows Scholarships as provided in Section 59-104-20, $10,745,642;

(5)   Commission on Higher Education--Need-Based Grants, $13,019,497;

(6)   Tuitions Grants Commission--Tuition Grants, $4,000,000;

(7)   Commission on Higher Education--National Guard Tuition Repayment Program as provided in Section 59-111-75, $1,500,000;

(8)   Commission on Higher Education--Teacher Grants, $2,000,000;

(9)   Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2, $30,000,000;

(10)   South Carolina State University--$5,500,000;

(11)   Technology: Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges, $14,000,000;

(12)   Department of Education--K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525, $50,000,000;

(13)   Department of Education--High Schools that Work, $500,000;

(14)   Department of Education--Testing, $2,717,662;

(15)   Department of Education--Student Identifier, $488,000;

(16)   Department of Education--Data Collection, $2,048,925;

(17)   Department of Education--Report Cards, $971,793;

(18)   State Library--Aid to County Libraries as provided in Section 59-150-350(D), $3,000,000;

(19)   Commission on Higher Education--Higher Education Excellence Enhancement Program,$3,500,000; and

(20)   Department of Education--Education Accountability Act, $46,597,515.

The funds appropriated to the Department of Education for the Education Accountability Act shall be used to provide:

(a)   homework centers ($6,953,864);

(b)   teacher specialist ($26,290,194);

(c)   principal specialist ($2,426,085);

(d)   external review teams ($1,466,872);

(e)   Palmetto Gold/Silver Awards ($2,000,000); and

(f)     retraining grants ($7,460,500).

Fiscal Year 2004-05 funds appropriated to the Commission on Higher Education for Tuition Assistance must be distributed to the technical colleges and 2-year institutions as provided in Section 59-150-360, and

(21) Educational Television Commission--$1,400,000.

The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items in order to ensure the timely receipt of scholarships and tuition assistance.

Fiscal Year 2004-05 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment earnings for this period are appropriated and must be used to ensure that all LIFE, Palmetto Fellows, and HOPE scholarships for Fiscal Year 2004-05 are fully funded.

If the lottery revenue received for Fiscal Year 2004-05 is less than the amounts appropriated, the projects and programs receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction must not be applied to the funding of LIFE, HOPE, and Palmetto Fellows Scholarships.

For Fiscal Year 2004-05 the twelve million dollars certified for unclaimed prizes shall be appropriated as follows:

(1) Department of Education--   Textbooks, $4,867,395;

(2) Higher Education Excellence   Enhancement Program, $1,200,000; and

(3) State Department of Education--Governor's School for Arts and Humanities, $150,000.

All additional revenue certified for unclaimed prizes and any revenue in excess of the amount certified by the Board of Economic Advisors for unclaimed prizes shall go to the Department of Education for the purchase and repair of school buses.

Notwithstanding the provisions of Section 59-150-355 of the 1976 Code or any other provision of law, the Budget and Control Board may distribute funds from the Education Lottery Account on a monthly basis during the final quarter of the fiscal year./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. WALKER, TOWNSEND, HARRELL and STILLE proposed the following Amendment No. 289 (Doc Name h:\legwork\house\ amend\h-wm\007\walker_6though8_2million.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 360, after line 22, by adding an new line to read:
/Department of Education--Grades 6-8 Reading, Math, Science, & Social Studies Program, $2,000,000;/
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. NEILSON, COTTY and BALES proposed the following Amendment No. 294 (Doc Name h:\legwork\house\amend\h-wm\007\pal_fel_lottery.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 360, paragraph 1, line 11, by striking /$10,745,642/ and inserting /$11,491,212/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. CLYBURN proposed the following Amendment No. 293 (Doc Name h:\legwork\house\amend\h-wm\009\clyburn lottery.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 360, paragraph 1, line 29, by striking /$3,500,000/ and inserting /$4,000,000/
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 1AA, as amended, was adopted.

Section 3 was adopted.

Rep. KIRSH proposed the following Amendment No. 85 (Doc Name h:\legwork\house\amend\h-wm\009\kirsh amend john de la howe proviso.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 4, JOHN DE LA HOWE SCHOOL, page 363, paragraph 1, line 34, by striking /To facilitate the period of initial program start-up,/
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 4, as amended, was adopted.

Reps. DANTZLER and HARRELL proposed the following Amendment No. 141 (Doc Name h:\legwork\house\amend\h-wm\007\sreb_vet_students.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 367, after line 16, by adding an appropriately numbered paragraph to read:
/(CHE: SREB Veterinary Students) Of the funds appropriated to or authorized for the Commission on Higher Education, the commission is directed to fund the Southern Regional Educational Board dues at an appropriate amount to include five additional veterinary medicine students./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. STILLE and WALKER proposed the following Amendment No. 122 (Doc Name h:\legwork\house\amend\h-wm\007\stille_ cpi.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 367, paragraph 21, line 3, by striking the proviso in its entirety and inserting /5A.21. (CHE Tuition Increase Limitation) Four-year state supported institutions of higher learning may not raise their in-state undergraduate tuition for FY 2004-05 by more than the consumer price index, with the Medical University of South Carolina being excluded due to it being the only free-standing health science center in the State./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. STILLE explained the amendment.

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

Rep. Keegan proposed the following Amendment No. 169 (Doc Name h:\legwork\house\amend\h-wm\007\epscor_transfer.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 367, after line 16, by adding an appropriately numbered paragraph to read:
/(CHE: EPSCOR Transfer Authority) At the discretion of the State Manager of the South Carolina EPSCoR Program, the state manager is authorized to transfer the South Carolina EPSCoR Program from the South Carolina Research Authority to The Commission on Higher Education. Regardless of whether the state coordinator chooses for the program to be transferred, no funds appropriated to or authorized for the South Carolina EPSCoR Program may be retained by the South Carolina Research Authority or the Commission on Higher Education without the consent of the South Carolina EPSCoR Program./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. STILLE proposed the following Amendment No. 147 (Doc Name h:\legwork\house\amend\h-wm\007\stille_tuition.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 367, paragraph 21, line 3, by striking the proviso in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. STILLE explained the amendment.

Rep. KEEGAN moved to table the amendment.

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

Those who voted in the affirmative are:

Allen                  Altman                 Bailey
Bales                  Barfield               Battle
Bingham                Branham                Breeland
J. Brown               R. Brown               Cato
Chellis                Clark                  Clemmons
Cotty                  Delleney               Edge
Emory                  Frye                   Hagood
Harrell                Harrison               Harvin
Hayes                  Herbkersman            Hinson
Hosey                  Huggins                Jennings
Keegan                 Koon                   Leach
Limehouse              Lourie                 Lucas
Mack                   Mahaffey               McCraw
McGee                  Moody-Lawrence         J. M. Neal
Ott                    Perry                  E. H. Pitts
Quinn                  Rice                   Richardson
Rutherford             Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Stewart                Talley                 Thompson
Tripp                  Trotter                Weeks
Whitmire               Wilkins                Witherspoon
Young

Those who voted in the negative are:

Anthony                G. Brown               Coates
Cobb-Hunter            Coleman                Cooper
Duncan                 Freeman                Gourdine
Hamilton               J. Hines               M. Hines
Kennedy                Kirsh                  Lee
Loftis                 Martin                 McLeod
Miller                 J. H. Neal             Pinson
M. A. Pitts            Rivers                 Snow
Stille                 Taylor                 Toole
Townsend               Umphlett               Vaughn
Viers                  Walker                 White

So, the amendment was tabled.

Reps. COTTY, NEILSON, SINCLAIR, BALES, RUTHERFORD, J. BROWN, HARRISON, STILLE, J.H. NEAL, LOURIE, SCOTT, HAYES, J.M. NEAL, CHELLIS, ANTHONY, DAVENPORT, LLOYD, FREEMAN, MILLER, BATTLE, SINCLAIR, J.E. SMITH, JENNINGS, DELLENEY, LUCAS and EMORY proposed the following Amendment No. 280 (Doc Name h:\legwork\house\amend\h-wm\007\palmetto_fellows_6_percent.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 367, after line 16, by adding an appropriately numbered paragraph to read:
/(CHE: Palmetto Fellows Eligibility) When calculating eligibility for Palmetto Fellows Scholarships, the top six percent of the graduating class shall be considered for the scholarship./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. HARRELL proposed the following Amendment No. 305 (Doc Name h:\legwork\house\amend\h-wm\007\heeep_additions.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 367, after line 16, by adding an appropriately numbered paragraph to read:
/(CHE: Excellence Enhancement Program Additions) Notwithstanding any other provision of Law, Converse College and Columbia College shall be eligible to receive funds under the Higher Education Excellence Enhancement Program./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 5A, as amended, was adopted.

Rep. J.E. SMITH proposed the following Amendment No. 116 (Doc Name h:\legwork\house\amend\h-wm\008\restore 8.27.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 374, paragraph 27, line 27-30, by striking the proviso in its entirety and reinserting:
/The Department of Health and Human Services shall initiate a study with other state agencies that use Medicaid funds to examine ways to slow down the growth in Medicaid expenditures. A report on this study shall be submitted to the Governor, the Chairman of the House Ways and Means Committee, and the Chairman of the Senate Finance Committee annually by the beginning of the Legislative Session. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. J.E. SMITH proposed the following Amendment No. 39 (Doc Name h:\legwork\house\amend\h-wm\008\20m school dist smith.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 375, paragraph 39, after line 29, by striking the proviso in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. HARRELL and QUINN proposed the following Amendment No. 129 (Doc Name h:\legwork\house\amend\h-wm\002\ 8.34overriddenveto.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 375, paragraph 32, line 11, by striking /RESERVED/ and reinserting /(DHHS: Prescription Reimbursement Payment Methodology) The prescription dispensing fee for the current fiscal year is $4.05 per prescription filled./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. QUINN explained the amendment.
The amendment was then adopted.
Rep. J.E. SMITH proposed the following Amendment No. 41 (Doc Name h:\legwork\house\amend\h-wm\008\maintain services.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 376, after line 26, by adding an appropriately numbered paragraph to read:
/The department must maintain medicaid services at or above levels provided in the first quarter of the prior fiscal year./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. QUINN moved to table the amendment.

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

Those who voted in the affirmative are:

Altman                 Bales                  Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Huggins
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
McCraw                 Merrill                Neilson
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Rutherford             Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Those who voted in the negative are:

Allen                  Bailey                 Bowers
Branham                Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Freeman                Gourdine
Govan                  Harvin                 Hayes
J. Hines               M. Hines               Hosey
Howard                 Jennings               Kennedy
Lloyd                  Lourie                 Mack
McLeod                 Miller                 J. H. Neal
J. M. Neal             Ott                    Parks
Rivers                 Scott                  J. E. Smith
Snow                   Weeks

So, the amendment was tabled.

Rep. J.E. SMITH proposed the following Amendment No. 42 (Doc Name h:\legwork\house\amend\h-wm\008\cost contain.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 376, after line 26, by adding an appropriately numbered paragraph to read:
/The department may not initiate any cost savings initiative that results in the reduction of medicaid services to clients./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. J. E. SMITH spoke in favor of the amendment.

Rep. J. E. SMITH continued speaking.

Rep. COOPER moved to table the amendment.

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

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Bowers                 Chellis
Clark                  Clemmons               Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Huggins
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Lucas                  Mahaffey               McCraw
McGee                  Merrill                Neilson
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Rivers
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Stille                 Talley                 Taylor
Thompson               Toole                  Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Those who voted in the negative are:

Allen                  Anthony                Branham
Breeland               R. Brown               Clyburn
Cobb-Hunter            Coleman                Emory
Gourdine               Govan                  Harvin
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Jennings
Kennedy                Lee                    Lloyd
Lourie                 Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Ott                    Parks
Rhoad                  Rutherford             Scott
J. E. Smith            Weeks

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 3 (Doc Name h:\legwork\house\amend\h-wm\003\medicaid fi.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 376, after line 27, by adding an appropriately numbered paragraph to read: /Effective July 1, the director must submit quarterly fiscal impact statements to the chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee itemizing changes to the Medicaid program for the reporting period./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. J.E. Smith proposed the following Amendment No. 102 (Doc Name h:\legwork\house\amend\h-wm\008\rx4-2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 376, after line 26, by adding an appropriately numbered paragraph to read:
/Medicaid recipients who meet the prescription monthly maximum shall be permitted overrides in cases where their attending medical professional deems overrides necessary./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LOURIE explained the amendment.

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

Rep. QUINN moved to table the amendment.

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

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Hamilton               Harrell                Harrison
Haskins                Herbkersman            Hinson
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Loftis                 Mahaffey               McCraw
McGee                  Merrill                Owens
Perry                  Pinson                 M. A. Pitts
Quinn                  Rice                   Sandifer
Scarborough            D. C. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Stille                 Taylor                 Toole
Townsend               Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Bowers                 Branham
Breeland               R. Brown               Clyburn
Cobb-Hunter            Emory                  Freeman
Gourdine               Govan                  Hagood
Harvin                 Hayes                  J. Hines
M. Hines               Hosey                  Huggins
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Lucas
Mack                   McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Parks                  E. H. Pitts
Rhoad                  Rutherford             Scott
Simrill                Sinclair               Skelton
G. M. Smith            J. E. Smith            Snow
Talley                 Thompson               Weeks
Whipper

So, the amendment was tabled.

Rep. MILLER proposed the following Amendment No. 224 (Doc Name h:\legwork\house\amend\council\dka\3819dw04.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 376, paragraph, after line 26, by adding an appropriately numbered paragraph to read:
/   8.___.   (DHHS: Medicaid Fraud Whistleblower Protection) A person may not be dismissed, suspended from employment, demoted, subjected to reduction in compensation, harassed, or otherwise be caused to suffer personal or economic retaliation because the person files a good faith report with an appropriate authority of wrongdoing in connection with the substantial abuse, misuse, destruction, or loss of Medicaid funds. If the report results in a saving of Medicaid funds from the abuses reported, the person making the report must be rewarded twenty-five percent of the estimated net savings, not to exceed two thousand dollars, as determined by the State Budget and Control Board. This paragraph does not supercede or suspend the operation of, and its protections are cumulative of those provided in, Sections 8-27-10 through 8-27-50. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER explained the amendment.

Rep. ALTMAN raised the Point of Order that Amendment No. 224 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment was germane to the Bill and he therefore overruled the Point of Order.

Rep. EDGE moved to table the amendment.

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

Those who voted in the affirmative are:

Altman                 Barfield               Bingham
Ceips                  Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Frye                   Gilham
Hagood                 Harrell                Harrison
Herbkersman            Hinson                 Huggins
Keegan                 Koon                   Limehouse
Littlejohn             Lucas                  Mahaffey
Merrill                Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Sandifer               Scarborough            G. M. Smith
J. R. Smith            Talley                 Taylor
Thompson               Tripp                  Trotter
Umphlett               White                  Whitmire
Wilkins                Witherspoon            Young

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Battle                 Bowers
Branham                Breeland               R. Brown
Cato                   Clyburn                Coates
Cobb-Hunter            Davenport              Emory
Freeman                Gourdine               Govan
Hamilton               Harvin                 Haskins
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Jennings
Kennedy                Kirsh                  Leach
Lee                    Loftis                 Lourie
Mack                   Martin                 McCraw
McGee                  McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Owens                  Parks
Rhoad                  Rice                   Rivers
Rutherford             Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. R. Smith            J. E. Smith            Snow
Stewart                Stille                 Townsend
Vaughn                 Weeks                  Whipper

So, the House refused to table the amendment.

Rep. EDGE spoke against the amendment.
The amendment was then adopted.

Section 8, as amended, was adopted.

Rep. QUINN proposed the following Amendment No. 26 (Doc Name h:\legwork\house\amend\h-wm\003\rape crisis.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 378, after line 25, by adding after the word /plan./ the following:
/State funding for this program must not be less than the previous fiscal years' amount/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. PERRY proposed the following Amendment No. 11 (Doc Name h:\legwork\house\amend\h-wm\003\dhecabstinence.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 381, paragraph 31, line 21, by inserting after /year/ the following:/until September 30, 2004. With the assistance of the Materials Management Office of the State B&C Board, a request for proposals must be issued not later than July 30, 2004 for funding projects with these funds beginning October 1, 2004/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. PERRY explained the amendment.

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

Rep. HARRELL 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:

Altman                 Bales                  Barfield
Battle                 Bingham                Cato
Chellis                Clemmons               Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Gilham                 Hamilton               Harrell
Harvin                 Haskins                Herbkersman
Hinson                 Huggins                Jennings
Keegan                 Koon                   Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               McCraw
McGee                  Merrill                E. H. Pitts
M. A. Pitts            Quinn                  Rice
Sandifer               Scarborough            Simrill
Sinclair               G. R. Smith            J. R. Smith
Talley                 Taylor                 Thompson
Tripp                  Trotter                Umphlett
Vaughn                 White                  Wilkins
Witherspoon            Young

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bowers                 Branham                Breeland
Clark                  Clyburn                Coates
Cobb-Hunter            Coleman                Emory
Freeman                Frye                   Gourdine
Govan                  Harrison               Hayes
J. Hines               M. Hines               Hosey
Howard                 Kennedy                Kirsh
Lee                    Lloyd                  Lourie
Martin                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Owens                  Parks                  Perry
Pinson                 Rhoad                  Rivers
Rutherford             Scott                  Skelton
D. C. Smith            J. E. Smith            Snow
Stewart                Stille                 Toole
Viers                  Walker                 Weeks
Whipper                Whitmire

So, the amendment was tabled.

Rep. DAVENPORT proposed the following Amendment No. 6 (Doc Name h:\legwork\house\amend\h-wm\003\task force.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 384, after line 18, by adding an appropriately numbered paragraph to read:
/The department is authorized to enter into contracts to provide technical assistance to local entities regarding appropriate and cost effective use of emergency rooms./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. COOPER proposed the following Amendment No. 177 (Doc Name h:\legwork\house\amend\h-wm\002\cervicalcancerstudy.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 384, after line 17, by adding an appropriately numbered paragraph to read:
/(DHEC: Cervical Cancer Study) The department is directed to study strategies and new technologies that are effective in preventing and controlling cervical cancer. Because of the proven cost effectiveness of vaccines this method of prevention should be one of the areas of focus of the study. In developing the study the DHEC Commissioner shall consult with groups and/or institutions with expertise in the prevention and treatment of cervical cancer. The groups selected to provide consultation shall be at the discretion of the commissioner. The findings of the study shall be provided in a report to the Chairman of the Senate Medical Affairs Committee and the Chairman of the House Medical, Military, Public and Municipal Affairs Committee not later than June 15, 2005./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. DAVENPORT proposed the following Amendment No. 257 (Doc Name h:\legwork\house\amend\council\nbd\12307ac04.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, Department of Health and Environmental Control, page 384, after line 17, by adding an appropriately numbered paragraph to read:
/ 9.___   The Department of Health and Environmental Control must not use any state appropriated funds to terminate a pregnancy or induce a miscarriage by chemical means./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. DAVENPORT explained the amendment.

Rep. COBB-HUNTER raised the Point of Order that Amendment No. 257 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment was germane to the Bill and he therefore overruled the Point of Order.

Rep. DAVENPORT continued speaking.
Rep. COBB-HUNTER spoke against the amendment.
Rep. COBB-HUNTER spoke against the amendment.

Rep. MOODY-LAWRENCE 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:

Allen                  Anthony                Bailey
Battle                 Bowers                 Branham
Breeland               G. Brown               R. Brown
Clark                  Clyburn                Cobb-Hunter
Emory                  Freeman                Govan
Harvin                 J. Hines               M. Hines
Hosey                  Howard                 Jennings
Kennedy                Kirsh                  Lee
Lloyd                  Lourie                 Miller
Moody-Lawrence         J. H. Neal             Parks
E. H. Pitts            M. A. Pitts            Rhoad
Rivers                 Rutherford             Scott
J. E. Smith            Stille                 Weeks
Whipper

Those who voted in the negative are:

Altman                 Barfield               Bingham
Cato                   Ceips                  Chellis
Clemmons               Coates                 Cooper
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Hamilton               Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Keegan                 Koon
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
McGee                  McLeod                 Merrill
Owens                  Perry                  Pinson
Quinn                  Rice                   Sandifer
Scarborough            Simrill                Sinclair
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

So, the House refused to table the amendment.

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

Section 9, as amended, was adopted.

Due to my commitment to be a speaker in the Richland School District Two "Celebration of Teachers" program held at 7:00 p.m. tonight at the Koger Center, I will miss the remainder of this evenings debate and votes on the 2005 budget.
Rep. Bill Cotty

Rep. QUINN proposed the following Amendment No. 25 (Doc Name h:\legwork\house\amend\h-wm\003\dmh property.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 385, paragraph 6, line 20-24, by striking the proviso in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. SCOTT proposed the following Amendment No. 192 (Doc Name h:\legwork\house\amend\council\nbd\12294ac04.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 386, after line 31, by adding an appropriately numbered paragraph to read:
/10.__   A committee is established to review the Sexually Violent Predator Act and make a report and recommendations to the General Assembly. The committee shall review the experience to date under the act, including the referral, review, and commitment process, the treatment program and its location and the costs associated with the act, including the cost of treatment for committed persons. The committee also shall study the future operating costs and capital needs of the treatment program. The committee shall make recommendations for improvements, including recommendations which address the budgetary and capital needs of the treatment program for the committed persons. The committee must be comprised of: The Governor or his designee, The Director of the Department of Mental Health or his designee, the Director of the Department of Corrections or his designee, the Attorney General or his designee, three members appointed by the Speaker of the House of Representatives and three members appointed by the President Pro Tempore of the Senate. The committee must be chaired by the Governor, or his designee. The committee shall submit its report to the Senate Judiciary Committee and the House Judiciary Committee before January 16, 2005./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ALTMAN raised the Point of Order that Amendment No. 192 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment was not germane to the Bill and he therefore ruled the amendment out of order.

Section 10, as amended, was adopted.

Section 11 was adopted.

Rep. PITTS proposed the following Amendment No. 20 (Doc Name h:\legwork\house\amend\h-wm\003\adsap to be bid.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 12, DEPARTMENT OF ALCOHOL & OTHER DRUG ABUSE SERVICES, page 388, after line 12, by adding an appropriately numbered paragraph to read: /From the funds appropriated in Part I. A., the department must implement a competitive bidding process for the provision ADSAP or portions of the program to encourage the participation of qualified non-301 agencies. The department must maintain on the agency's web-site data and information that measures the progress of the agency in meeting the intent of this proviso. The department must ensure that the following requirements be met by any provider of ADSAP services: 1) employees must be appropriately credentialed as determined by the department; 2) the agency or organization providing the service must be accredited by a national organization officially recognized by the department; and 3) curriculum used for ADSAP and related programs must be uniform as determined by the department./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. E. H. PITTS explained the amendment.

Rep. MOODY-LAWRENCE raised the Point of Order that Amendment No. 20 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment was germane to the Bill and he therefore overruled the Point of Order.

Rep. GOVAN spoke against the amendment.
Rep. E. H. PITTS spoke in favor of the amendment.
Rep. QUINN spoke against the amendment.

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

Section 12 was adopted.

Rep. DAVENPORT proposed the following Amendment No. 188 (Doc Name h:\legwork\house\amend\h-wm\003\parental info.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 391, paragraph 27, lines 29-36, by striking the proviso in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. HARRELL proposed the following Amendment No. 38 (Doc Name h:\legwork\house\amend\h-wm\008\culyldi.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 392, after line 3, by adding an appropriately numbered paragraph to read:
/The department shall allocate $120,000 to the Columbia Urban League's Youth Leadership Development Institute./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARRELL explained the amendment.
The amendment was then adopted.
Section 13, as amended, was adopted.

Section 14 was adopted.

Rep. ALTMAN moved that the House do now adjourn, which was agreed to.

Rep. HARRELL moved to reconsider the vote whereby SECTIONS 1, 1A, 1AA, 3, 4, 5A, 8, 9, 10, 11, 12, 13 and 14 were adopted and the motion was noted.

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

The Senate returned to the House with concurrence the following:

H. 4930 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE PASTORS AND MEMBER CHURCHES OF THE MIDLANDS BAPTIST ASSOCIATION, INC., AND WISHING THEM MUCH SUCCESS AS THEY UNITE TO BUILD GOD'S KINGDOM ON EARTH THROUGH MEETING THE RELIGIOUS NEEDS OF THE COMMUNITIES THEY SERVE.

At 7:30 p.m. the House, in accordance with the motion of Rep. G. BROWN, adjourned in memory of Elizabeth "Miss Lib" Duvall DesChamps, wife of former Representative W. Green DesChamps, Jr., to meet at 9:30 a.m. tomorrow.

This web page was last updated on Wednesday, June 24, 2009 at 3:24 P.M.