Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the ACTING PRESIDENT, Senator PATTERSON.

Pursuant to the motion by Senator LEATHERMAN of Wednesday, May 21, 2003, the following technical correcting and balancing amendments, as attested to by the Clerk of the Senate, were adopted (#64 and #65) upon his certification for inclusion in H. 3749, the General Appropriation Bill, as follows:

Clerk's Balancing Amendment (3749R047.HKL.DOC):

Amend the bill, as and if amended, Part IA, Section 63B, BUDGET AND CONTROL BOARD - EMPLOYEE BENEFITS, page 319, line 10, by:

COLUMN 7   COLUMN 8

/   STRIKING:   1,966,827   1,966,827

and

INSERTING:   1,792,393   1,792,393/

Renumber sections to conform.

Amend sections, totals and title to conform.

By prior motion of Senator LEATHERMAN, with unanimous consent, the amendment was adopted.

Clerk's Technical Amendment (3749R048.CLERK):

Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, pages 362 and 363, paragraph 1AA.1, by striking the paragraph in its entirety and inserting:

/     1AA.1.   (LEA: Education Lottery Funds) Funds appropriated from the Education Lottery Account must be used to supplement and not supplant existing funds for education. All Education Lottery Account revenue in excess of $15,000,000 not appropriated in the prior fiscal year in the Education Lottery Account must be carried forward and appropriated in the following priority order:

1)   Tuition Assistance                       $5,000,000

2)   Need Based Grants                       $2,000,000

3)   Technology-Public 4-Year Univ. and

2-Year Institutions & Tech Colleges         $2,000,000

4)   School Buses                           $4,000,000

5)   Fully fund scholarships in the following priority order:

a)   HOPE Scholarships

b)   LIFE Scholarships

c)   Palmetto Fellows Scholarships

Any remaining funds after the scholarships have been funded must be appropriated to the State Department of Education for the purchase and repair of school buses.

The amounts listed below reflect the dollars contained and appropriated in Part 1A of this Act:

Commission on Higher Education:

Tuition Assistance - Two-year Institutions   $   34,000,000

LIFE Scholarships                         40,000,000

HOPE Scholarships                       6,500,000

Palmetto Fellows Scholarships               5,000,000

Need-Based Grants                       3,000,000

Teacher Grants                           2,000,000

National Guard Tuition Repayment Program   1,500,000

Technology-Public 4-Year

Univ./2-Year Institutions & Tech Colleges     12,000,000

Endowed Chairs                           30,000,000

Higher Education Excellence

Enhancement Program                     3,000,000

SC Tuition Grants:

Tuition Grants                         $ 3,000,000

SC State University:

Research & Technology                   $ 3,000,000

Department of Education:

Education Accountability Act               $22,500,000

K-5 Reading, Math, Science,

& Social Studies Program                 20,000,000  

State Library:

Aid to County Libraries                   $ 1,500,000

Fiscal Year 2003-2004 funds appropriated to the Department of Education for the Education Accountability Act must be used provide: $ 1,548,440 for homework centers; $11,577,386 for teacher specialists; $ 2,270,302 for principal specialists; $ 1,466,872 for external review teams; $ 1,000,000 for Palmetto Gold/Silver Awards; and $ 4,637,000 for retraining grants. Funds appropriated for teacher and principal specialists must be used first to fully fund these programs. Any funds remaining are to be used for the other four programs listed above.

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 2003-2004 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.

Fiscal Year 2003-2004 funds appropriated to the Commission on Higher Education for the Higher Education Excellence Enhancement Program must be distributed in accordance with Section 2-77-10 through Section 2-77-50.

For Fiscal Year 2003-2004 the first $6,000,000 of unclaimed prize money is appropriated to the Department of Education for K-5 Reading, Math, Science, & Social Studies Program. Any revenue in excess of the $6,000,000 must be appropriated to the State Department of Education for the purchase and repair of school buses.

Fiscal Year 2003-2004 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 HOPE, LIFE, and Palmetto Fellows scholarships for Fiscal Year 2003-2004 are fully funded.

If the lottery revenue for Fiscal Year 2003-2004 is less than the amounts appropriated, the projects and programs receiving appropriations for any such year must have their appropriations reduced on a pro rata basis, except that a reduction must not be applied to the funding of LIFE, Palmetto Fellows, and HOPE scholarships.

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.   /

Amend the bill, as and if amended, Part 1B, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, by adding an appropriately numbered paragraph on page 380, after line 27, to read:

/   8.__.   (DHHS:SCRIPTS; Prescription Savings)   A.   There is created within the Department of Health and Human Services the South Carolina Retirees and Individuals Pooling Together for Savings (SCRIPTS) program. The program must combine the purchasing power of all South Carolina citizens sixty-five years of age and older who enroll in the program to reduce their prescription drug costs. Where possible, without violation of federal law, the department shall combine negotiating power for the program with negotiating power for pharmaceutical pricing and rebates which may exist now or in the future. For these purposes: (1) 'Department' means the Department of Health and Human Services; (2) 'Prescription drugs' means outpatient prescription drugs, that have been approved as safe and effective by the United States Food and Drug Administration including insulin syringes, insulin needles, and insulin; and 'Prescription drugs' do not include experimental drugs and over-the-counter pharmaceutical products; and (3) 'Program' means the South Carolina Retirees and Individuals Pooling Together for Savings (SCRIPTS) program created pursuant to this article. This program must be administered by the Department of Health and Human Services. The department may designate, or enter into contracts with, other entities including, but not limited to, other states, other governmental purchasing pools, and nonprofit organizations to assist in the administration of this program. By October 30, 2003, the department must submit a program implementation and administration plan for review by the State Budget and Control Board. The plan must include procedures for program enrollment, requirements for program participation, and program enrollment fees that must be calculated to pay all additional costs incurred by the department in the administration of the program. Upon review of the State Budget and Control Board, the program may be implemented as soon as practicable. When requested by the department, other state agencies shall provide assistance or information necessary for the administration of this program. A person eligible to participate in this program must have attained the age of sixty-five years, have resided in South Carolina at least six consecutive months before enrolling in the program, and not be eligible for Medicaid prescription benefits. The department may seek waivers of any federal laws, regulations, or rules necessary to implement this program. The department may promulgate regulations necessary for the administration of this program. The program must be funded entirely from annual enrollment fees collected from program participants.

B.   This paragraph takes effect July 1, 2003, and terminates June 30, 2004.   /

Amend the bill further, as and if amended, Part IB, Section 69A, AID TO SUBDIVISIONS - COMPTROLLER GENERAL, page 471, by adding an appropriately numbered paragraph after line 23 to read:

/   69A.___.   (AS-CG:   Legislative Delegations)     In the current fiscal year, a county government must fund its legislative delegation budget as approved by the delegation for FY 2002-2003, as authorized by law. If a county council does not meet that funding level, the amount of the shortfall must be deducted from the responsible county's Aid to Subdivisions allocation and forwarded to the legislation delegation of the county. Additionally, the responsible county's remaining Aid to Subdivisions allotment must be reduced by twenty-five percent of the shortfall amount, which sum must be forwarded to the legislative delegation to be used for its administrative costs. /

Amend the bill further, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 500, after line 23, by adding an appropriately numbered paragraph to read:

/72. . (GP: Endangered Species License Plates) The Department of Public Safety shall issue a series of special commemorative motor vehicle license plates for use by the owner on his private passenger motor vehicle for the purposes of the "Non-game Wildlife and Natural Areas Fund" provided in Section 50-1-280. The special fee for the commemorative license plate is thirty dollars and this amount must be placed in the fund. This fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 7 of this title. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words "South Carolina Protects Endangered Species". The plates must be issued or revalidated for a biennial period, which expires twenty-four months from the month they are issued.     /

Amend the bill further, as and if amended, Part IB, Section 73, SECTION 73, page 501, paragraph 73.2, by striking the proviso in its entirety, on line 1 and inserting:

/ 73.2.   (Statewide Funding Requirements) The sources of general fund revenues appropriated in this provision are as follows: E16-State Treasurer's Office: $1,400,000 must be transferred to the general fund from Unclaimed Property Subfund 3879; E16-State Treasurer's Office: $3,284,872 Excess Debt Service from FY 2002-03 must be carried forward and credited to the general fund in FY 2003-04; and E12-Comptroller General's Office: $2,400,000 must be transferred to the general fund from Unemployment Compensation Insurance Subfund 4007. The State Treasurer shall take custody of unclaimed property, reported before November 1, 2003 for the year ending June 30, 2003, as payable or distributable in the course of a demutualization of an insurance company, and deposit into the general fund all monies received as abandoned property. Unclaimed property payable or distributable in the course of a demutualization of an insurance company is presumed abandoned five years after the earlier of the date: (1) of last contact with the policyholder; or (2) the property became payable or distributable. The above listed funds are transferred to the General Fund of the State, and by this provision, these transfers are deemed to have occurred and, notwithstanding any other provision of law, these general fund revenues are available for appropriation as provided in this paragraph. Any restrictions concerning specific utilization of these funds are lifted for the specified fiscal year. From the amount recouped from state agencies and transferred to the general fund pursuant to this proviso and from the first $5,000,000 realized from demutualization of funds, there is appropriated for the fiscal year beginning July 1, 2003 and ending June 30, 2004, the following sums for the stated purposes: H12-Clemson University: Center for Research of Wireless Communication $500,000; H27-University of South Carolina: Materials Research Science & Engineering Center (Nano-Technology) $1,000,000; L04-Department of Social Services: Child Support Enforcement Automated System $232,134; E12-Comptroller General: GASB #34 Compliance $602,546; J04-Department of Health & Environmental Control: Operating Expenses $1,016,597; J12-Department of Mental Health: Forensic Capacity $2,125,000; J12-Department of Mental Health: Sexual Predator Program $750,000; X12-Aid to Subdivisions-Comptroller General: $410,698 distributed as follows: Aid Cnty-Clerks of Court $6,567; Aid Cnty-Probate Judges $6,567; Aid Cnty-Sheriffs $6,567; Aid Cnty-Register of Deeds, $2,425; Aid Cnty-Auditors $194,286; and Aid Cnty-Treasurers $194,286; E28-Election Commission: Primary Elections $2,400,000; F03-Budget and Control Board: Base Closure Fund $287,500; Y14-State Ports Authority: Dredging $500,000; and. L04-Department of Social Services: Heritage Pregnancy Prevention $460,000. Any amount realized from demutualization above the first five million dollars shall be appropriated in the following manner for the purposes stated: A17-Legislative Printing & Information Technology Systems: Licenses $500,000; L12-John De La Howe School: Operating Expenses $150,000; J16-Department of Disabilities and Special Needs: Special Olympics $50,000; E28-Election Commission: HAVA Federal Match $700,000; P20-Clemson University-Public Service Activities: Operating Expenses $1,000,000; H71-Wil Lou Gray Opportunity School: Operating Expenses $117,657; K05-Department of Public Safety $1,000,000; and P24-Department of Natural Resources Operating Expenses $1,000,000. The appropriations in this provision are contingent and therefore all items are to be funded on a pro-rata basis should revenue fall below the anticipated amount. Unexpended funds appropriated pursuant to this part may be carried forward to succeeding fiscal years and expended for the same purposes. No appropriation in this provision may be paid before the later of September 1, 2003, or the date the Comptroller General closes the state's books on Fiscal Year 2002-03. Appropriations in this provision resulting from demutualization shall be paid as soon as practicable after November 1, 2003. Contingent upon the approval of the Tobacco Settlement Revenue Management Authority and parties to the trust agreement, the State Treasurer's Office shall transfer an amount equal to $6,767,866 from the unrestricted taxable proceeds portion of the principal of the Healthcare Tobacco Settlement Trust Fund established pursuant to Section 11-11-170(B)(1) of the 1976 Code to the Department of Health and Human Services to be expended for Medicaid.     /

Renumber sections to conform.

Amend title to conform.

By prior motion of Senator LEATHERMAN, with unanimous consent, the amendment was adopted.

Having been previously read the third time on May 21, 2003, the Bill was ordered returned to the House with amendments.

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4007 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-82 SO AS TO SPECIFY CERTAIN FUNCTIONS AND PROCEDURES THAT MAY NOT BE DELEGATED TO DENTAL HYGIENISTS; TO AMEND SECTION 40-15-85, AS AMENDED, RELATING TO DEFINITIONS OF TERMS USED IN THE LICENSURE AND REGULATION OF DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE THE DEFINITION OF "GENERAL SUPERVISION" AND TO DEFINE "AUTHORIZED"; BY ADDING SECTION 40-15-102 SO AS TO SPECIFY CERTAIN FUNCTIONS THAT A DENTAL HYGIENIST MAY ONLY PERFORM UNDER GENERAL SUPERVISION; AND TO AMEND SECTION 40-15-110, RELATING TO CERTAIN EXEMPTIONS FROM THE REQUIREMENTS OF CHAPTER 15, TITLE 40 REGULATING DENTISTS AND DENTAL HYGIENISTS, SO AS TO REVISE PROVISIONS PERTAINING TO DENTAL HYGIENISTS PROVIDING SERVICES IN A PUBLIC HEALTH SETTING.

By prior motion of Senator PEELER, with unanimous consent

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 710 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 50-25-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO INCREASE THE HORSEPOWER OF AN ENGINE FROM FIFTEEN HORSEPOWER TO THIRTY HORSEPOWER AND TO ESTABLISH A MAXIMUM LENGTH FOR WATERCRAFT OF TWENTY-FIVE FEET AND TO INCREASE THE LENGTH FOR PONTOON BOATS TO TWENTY-FIVE FEET; TO PROHIBIT ON LAKE BLALOCK THE OPERATION OF PERSONAL WATERCRAFT, OPERATION OF WATERCRAFT AFTER MIDNIGHT OR IN VIOLATION OF COAST GUARD REGULATIONS, AND OPERATION OF WATERCRAFT NEAR PUMP STATIONS AND PIERS; TO LIMIT THE HEIGHT OF SAILBOAT MASTS; TO PROHIBIT SWIMMING IN CERTAIN AREAS; AND TO AUTHORIZE LAKE WARDENS TO RESTRICT ACCESS TO THE LAKE UNDER CERTAIN CONDITIONS.

By prior motion of Senator REESE, with unanimous consent

The following Bill, having been read the second time, was ordered placed on the third reading Calendar:

S. 716 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND ACT 526 OF 1996, AS AMENDED, RELATING TO THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS, THE ELECTIONS OF BOARDS OF TRUSTEES OF THESE DISTRICTS AND OF THE COUNTY BOARD OF EDUCATION AND THE POWERS AND DUTIES OF THESE BOARDS, SO AS TO AUTHORIZE THE COUNTY BOARD OF EDUCATION TO MEET MORE FREQUENTLY THAN QUARTERLY AND FOR EACH BOARD MEMBER TO RECEIVE COMPENSATION FOR ALL BOARD MEETINGS ATTENDED DURING A FISCAL YEAR, NOT TO EXCEED A TOTAL OF EIGHT HUNDRED DOLLARS; TO PROVIDE THAT THE ANNUAL OPERATING BUDGET OF THE COUNTY BOARD OF EDUCATION MAY NOT EXCEED THE DOLLAR VALUE OF ONE-TENTH MILL; TO REQUIRE THAT FUNDS REMAINING ON THIS ACT'S EFFECTIVE DATE UNDER THE CONTROL OR USE OF THE COUNTY BOARD OF EDUCATION FOR OPERATIONS BE DISTRIBUTED AMONG THE THREE CONSOLIDATED SCHOOL DISTRICTS IN ACCORDANCE WITH THE AVERAGE DAILY MEMBERSHIP FORMULA; AND TO AUTHORIZE THE BOARD TO RETAIN TEN THOUSAND DOLLARS FOR OPERATIONS; TO REVISE THE FORMULA EQUALIZING WEALTH PER STUDENT AMONG THE DISTRICTS BY USING FIVE MILLS RATHER THAN TWENTY-FIVE MILLS AS THE MULTIPLIER IN THIS FORMULA, AND TO REVISE AN ADJUSTMENT IF THE REMIT IS ZERO OR LESS; AND TO DELETE OUTDATED PROVISIONS RELATING TO INITIAL ELECTION OF MEMBERS TO THE CONSOLIDATED SCHOOL DISTRICTS.

By prior motion of Senator MATTHEWS

At 11:20 A.M., on motion of Senator RYBERG, the Senate adjourned to meet next Tuesday, May 27, 2003, at 12:00 Noon.

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