Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Isaiah 66:13: "As a mother comforts her child, so will I comfort you."
Let us pray. Loving God, we thank You for the comfort You have given us in all circumstances of life. We are grateful for the many blessings which You continue to flower upon us, along with Your grace, mercy, and compassion. Keep these Representatives and staff always in Your love and care. You have blessed our Nation with goodness. Continue Your provisions to all who are in responsible seats of government. Protect our defenders of freedom at home and abroad as they protect us. Hear us as we pray. 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. YOUNG moved that when the House adjourns, it adjourn in memory of Ed Davis, board member of the Dorchester County Ashley River Fire Department, which was agreed to.
The following was received:
Date and Time
Final Report Issued: Noon on Thursday, May 8, 2008
SECTION 2-20-10. Except as otherwise provided in Sections 58-3-520 and 58-3-530, whenever an election is to be held by the General Assembly in joint session, except for members of the judiciary, a joint committee composed of eight members, four of whom must be members of the House of Representatives and four of whom must be members of the Senate, must be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members are selected. Each joint committee shall meet as soon after its appointment as practicable and elect one of its members as chairman, one as secretary, and other officers as it considers desirable.
Committee Members
Senator Greg Ryberg, Chairman of the Senate Labor, Commerce and Industry Committee appointed the following members to the Committee to Screen Candidates for the Employment Security Commission:
Senator William H. O'Dell, Chairman
Senator Thomas Alexander
Senator George E. Campsen III
Senator Vincent Sheheen
Representative Harry F. Cato, Chairman of the House Labor, Commerce and Industry Committee appointed the following members to the Committee to Screen Candidates for the Employment Security Commission:
Representative Nelson H. Hardwick
Representative John L. Scott, Jr.
Representative J. Adam Taylor
Representative Michael D. Thompson
The screening committee met on April 9th at 9:00 a.m. and screened the following candidates:
George Martin Arnold
Joseph Leroy Grant, Jr.
William John McLeod
Rebecca Meacham Richardson
McKinley Washington, Jr.
Biographical Information:
Mr. Arnold is 54 years old and lives in Greer. He is the owner and president of Durable Designs, Ltd. He is also involved in many organizations. These include the Honorable Order of Kentucky Colonels, National Technical Service Association, American Management Association, Independent Power Human Resource Association, IMS, AOPA, EAA, and the University of Kentucky Alumni Association.
Education:
University of Kentucky, Bachelor of General Sciences, Business Administration, 1976
Professional Abilities:
The committee found Mr. Arnold to be very experienced with over 20 years of sales experience. He has a great knowledge of business and was very interested in the position.
Character:
The committee's investigation did not reveal anything to call Mr. Arnold's character into question. He appears to have handled his business and personal financial affairs responsibly and SLED did not report a criminal record. Mr. Arnold fully answered all questions in the interview.
Physical Health:
Mr. Arnold appears to be physically capable of performing the duties of the office.
Recommendations:
Kelly G. Banks -- Senior Vice President, Arthur State Bank
Rosemary Traylor -- Retail Service Officer, BB&T
Paula J. Lawrence -- Certified Public Accountant
J. Jon Pyles -- Director of Lean Sigma, Formica Corportation
Steve Nash -- Field Applications Engineer, Process Engineering Resources, Inc.
Jack Quinn -- President, Jamar Enterprises
Conclusion:
Mr. Arnold appears to be a successful and intelligent businessperson. The committee believes he would be an effective member of the Commission. The committee reports Mr. Arnold to the General Assembly for consideration.
CANDIDATE FOR COMMISSIONER OF THE
SOUTH CAROLINA EMPLOYMENT
SECURITY COMMISSION
Biographical Information:
Mr. Grant is 34 years old and lives in Summerville. He is the president of Unique Supplies and Equipment, Incorporated in North Charleston.
Mr. Grant also is very involved in his community. He is the director of the Sons of Allen Francis Brown AME Church and is also a senior steward and on the finance committee for the church.
Education:
Webster University, M.A., Computer Resource Information Systems, 1999
Hampton University, B.S., Business Management, 1996
Clark Atlanta University, Executive Education Program, 2001
Professional Abilities:
The committee found Mr. Grant to be experienced with a good knowledge of small business.
Character:
The Committee's investigation did not reveal anything to call Mr. Grant's character into question. He appears to have handled his business and personal financial affairs responsibly and SLED did not report a criminal record. Mr. Grant fully answered all questions in the interview.
Physical Health:
Mr. Grant appears to be physically capable of performing the duties of the office.
Conclusion:
Mr. Grant appears to be an intelligent, highly experienced businessperson. The committee believes he would be an effective member of the Commission. The committee reports Mr. Grant to the General Assembly for consideration.
CANDIDATE FOR COMMISSIONER OF THE
SOUTH CAROLINA EMPLOYMENT
SECURITY COMMISSION
Biographical Information:
Mr. McLeod is 56 years old and lives in Columbia. He is married to Ginger McLeod and they have two children and two grandchildren. Mr. McLeod was first elected in 1981 to the South Carolina House of Representatives representing Dillon, Marion and Florence Counties. Then in 1988, he was elected to serve as a Commissioner of the South Carolina Employment Security Commission, and is now in his 5th term.
Education:
Francis Marion University, B.S., Business Administration, 1974.
Professional Abilities:
The committee found Mr. McLeod to be very experienced with over 20 years in public service. He expressed a vast knowledge of the Employment Security Commission and its goals. He was also very knowledgeable about the unemployment rate in South Carolina and how to improve the current situation.
Character:
The committee's investigation did not reveal anything to call Mr. McLeod's character into question. The committee reviewed Mr. McLeod's financial records and found that Mr. McLeod filed for Chapter 12 bankruptcy in 2005. The bankruptcy remains open. SLED did not report a criminal record. Mr. McLeod fully answered all questions in the interview.
Physical Health:
Mr. McLeod appears to be physically capable of performing the duties of the office.
Conclusion:
Mr. McLeod appears to be a highly experienced individual. The committee believes he would be an effective member of the Commission. The committee reports Mr. McLeod to the General Assembly for consideration.
CANDIDATE FOR COMMISSIONER OF THE
SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION
Biographical Information:
Ms. Richardson is 65 years old and lives in Lake Wylie. She has two children. Ms. Richardson was first elected in 1991 to the South Carolina House of Representatives representing York County. While in the House, she served as chairwoman of the House Ethics Committee and SC House Republican Women's Caucus. She served in the House until 2004 when she was elected to serve a four-year term as a Commissioner of the South Carolina Employment Security Commission.
Education:
Limestone College, B.A., 1965
Professional Abilities:
The committee found Ms. Richardson to be very experienced with over 20 years in public service. She came very prepared and exhibited an expansive knowledge of unemployment issues facing South Carolina.
Character:
The committee's investigation did not reveal anything to call Ms. Richardson's character into question. She appears to have handled her business and personal financial affairs responsibly and SLED did not report a criminal record. Ms. Richardson fully answered all questions in the interview.
Physical Health:
Ms. Richardson appears to be physically capable of performing the duties of the office.
Conclusion:
Ms. Richardson appears to be a successful and intelligent individual. The committee believes she would be an effective member of the Commission. The Committee reports Ms. Richardson to the General Assembly for consideration.
CANDIDATE FOR COMMISSIONER OF THE
SOUTH CAROLINA EMPLOYMENT
SECURITY COMMISSION
Biographical Information:
Mr. Washington is 71 years old and lives in Sumter County. He is married to Beulah Washington and they have two children and three grandchildren. Mr. Washington was first elected in 1974 to the South Carolina House of Representatives representing Charleston County. Then in 1990, he was elected to the South Carolina Senate representing District 45 where he served until 2000. Later that year, he was elected to serve a four-year term as a Commissioner of the South Carolina Employment Security Commission, and was re-elected for another four-year term in 2004.
Education:
I.T.C Theological Seminary, Master of Divinity, 1973
Johnson C. Smith University, Bachelor of Divinity, 1964
Johnson C. Smith University, Bachelor of Arts, 1960
Professional Abilities:
The committee found Mr. Washington to be very experienced with over 30 years in public service. He expressed knowledge of unemployment problems facing South Carolina.
Character:
The committee's investigation did not reveal anything to call Mr. Washington's character into question. He appears to have handled his business and personal financial affairs responsibly and SLED did not report a criminal record. Mr. Washington fully answered all questions in the interview.
Physical Health:
Mr. Washington appears to be physically capable of performing the duties of the office.
Conclusion:
Mr. Washington appears to be a well-respected individual. The committee believes he would be an effective member of the Commission. The committee reports Mr. Washington to the General Assembly for consideration.
Received as information.
The following was received:
Columbia, S.C., May 8, 2008
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:45 p.m. today for the purpose of ratifying Acts.
Very respectfully,
President
On motion of Rep. LOWE the invitation was accepted.
The following was received:
Columbia, S.C., May 1, 2008
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4450:
H. 4450 (Word version) -- Rep. Gullick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-840 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL MAINTAIN ALL PROPERTY AND VEGETATION UNDER ITS CONTROL AT EXIT 90 ALONG INTERSTATE HIGHWAY 77 IN YORK COUNTY AND ALLOW PERSONS WHO OWN LAND ADJACENT TO THIS PROPERTY TO ASSIST THE DEPARTMENT IN MEETING THE REQUIREMENTS OF THIS SECTION.
Very respectfully,
President
Received as information.
The Report of the Committee of 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 Senate sent to the House the following:
S. 1362 (Word version) -- Senators Jackson, Alexander, Bryant, Campsen, Cleary, Drummond, Elliott, Fair, Gregory, Grooms, Hayes, Hutto, Knotts, Land, Leatherman, Lourie, Malloy, Martin, Massey, Matthews, McGill, Patterson, Peeler, Pinckney, Rankin, Reese, Ritchie, Ryberg, Sheheen, Short, Thomas, Vaughn and Verdin: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND LOURIE'S, ONE OF THE MIDLANDS' OLDEST AND MOST RESPECTED MEN'S CLOTHIERS, FOR ITS NEARLY ONE HUNDRED YEARS OF SERVICE TO THE CITIZENS OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allen Anderson Anthony Bales Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Chalk Clemmons Clyburn Cobb-Hunter Coleman Cooper Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hiott Hodges Hosey Howard Huggins Hutson Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Scarborough Scott Shoopman Simrill Skelton G. M. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Viers Walker Weeks Whipper White Williams Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, May 8.
Bill Cotty Laurie Funderburk Walton McLeod Joseph Neal Bakari Sellers G. R. Smith William R. "Bill" Whitmire W. E. "Bill" Sandifer Fletcher Smith Todd Rutherford Jerry Govan
The SPEAKER granted Rep. BALLENTINE a leave of absence for the day due to a multi-state conference.
The SPEAKER granted Rep. D. C. SMITH a leave of absence for the day to attend a family funeral.
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.
Announcement was made that Dr. Tan Platt of Columbia was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. 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. 4784 (Word version)
Date: ADD:
05/08/08 HAMILTON
Bill Number: H. 4867 (Word version)
Date: ADD:
05/08/08 VIERS
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 1168 (Word version) -- Senators Peeler and Alexander: A BILL TO AMEND SECTION 15-9-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF PROCESS ON THE SUPERINTENDENT OF A STATE MENTAL HOSPITAL, SO AS TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF SUCH HOSPITAL; TO AMEND SECTION 44-9-50, RELATING TO DIVIDING THE DEPARTMENT OF MENTAL HEALTH INTO DIVISIONS, SO AS TO DELETE THE PROVISION REQUIRING A MEDICAL DIVISION TO BE HEADED BY A MEDICAL DOCTOR; TO AMEND SECTION 44-9-60, RELATING TO THE APPOINTMENT AND QUALIFICATIONS OF THE SUPERINTENDENT OF EACH HOSPITAL UNDER THE DEPARTMENT OF MENTAL HEALTH, SO AS TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF SUCH HOSPITALS; TO AMEND SECTION 44-9-90, RELATING TO THE POWERS AND DUTIES OF THE MENTAL HEALTH COMMISSION, SO AS TO DELETE REFERENCES TO EPILEPSY AND TO CERTAIN OBSOLETE TERMS, TO MAKE TECHNICAL CORRECTIONS, AND TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH HOSPITAL; TO AMEND SECTION 44-9-100, RELATING TO AREAS OF RESPONSIBILITY OVER WHICH THE MENTAL HEALTH COMMISSION MAY EXERCISE ITS AUTHORITY, SO AS TO DELETE OBSOLETE TERMS, MAKE TECHNICAL CORRECTIONS, AND SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH HOSPITAL; TO AMEND SECTION 44-22-220, RELATING TO PATIENT RIGHTS GRIEVANCE PROCEDURES, SO AS TO PROVIDE THAT A GRIEVANCE MUST BE REVIEWED BY THE DEPARTMENT AND THAT A DETERMINATION MUST BE MADE WHETHER CORRECTIVE ACTION IS WARRANTED; TO AMEND SECTION 44-23-10, RELATING TO DEFINITION OF TERMS USED IN CONNECTION WITH THE DEPARTMENT OF MENTAL HEALTH AND THE CARE AND TREATMENT OF PERSONS WITH MENTAL ILLNESS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-23-210, RELATING TO THE TRANSFER OF PATIENTS BETWEEN PUBLIC AND PRIVATE MENTAL HEALTH AND MENTAL RETARDATION FACILITIES, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO SUBSTITUTE "DIRECTOR" FOR "SUPERINTENDENT" OF A MENTAL HEALTH INSTITUTION OR FACILITY; TO AMEND SECTION 44-23-250, RELATING TO THE SIGNATURE OF A "SUPERINTENDENT OF ANY INSTITUTION" OF THE DEPARTMENT OF MENTAL HEALTH , SO AS TO PROVIDE THAT IT MEANS THE "DIRECTOR" OF SUCH INSTITUTIONS; TO REPEAL SECTION 44-11-80 RELATING TO THE MENTAL HEALTH COMMISSION SETTING THE SALARIES OF OFFICERS AND EMPLOYEES OF STATE MENTAL HEALTH FACILITIES; AND TO REPEAL SECTION 44-23-30 RELATING TO A NONRESIDENT PHYSICIAN EXAMINING AN INSTITUTIONALIZED PATIENT OUT OF STATE.
S. 311 (Word version) -- Senator Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2723 SO AS TO REQUIRE ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES THAT DO NOT CARRY LIABILITY INSURANCE TO OBTAIN STATEMENTS FROM EACH PARENT OR GUARDIAN OF A CHILD ENROLLED IN THE CHILDCARE FACILITY INDICATING THAT THE PARENT HAS RECEIVED NOTICE FROM THE FACILITY THAT THE FACILITY DOES NOT CARRY LIABILITY INSURANCE, TO REQUIRE A GROUP CHILDCARE HOME OR FAMILY CHILDCARE HOME WHOSE LIABILITY INSURANCE LAPSES OR IS CANCELED AND NOT REPLACED TO OBTAIN A STATEMENT FROM THE PARENT OR GUARDIAN OF A CHILD ENROLLED IN THAT CHILDCARE FACILITY, TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO INFORM EACH GROUP CHILDCARE HOME AND FAMILY CHILDCARE HOME OF THIS REQUIREMENT, AND TO PROVIDE THAT COMPLIANCE WITH THIS SECTION IS A CONDITION OF LICENSURE.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 1174 (Word version) -- Senators Peeler and Alexander: A BILL TO AMEND SECTION 44-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACILITIES EXEMPT FROM HEALTH FACILITY LICENSURE, SO AS TO EXEMPT HOMESHARE ENHANCED RESPITE PROGRAMS DESIGNATED BY THE DEPARTMENT OF MENTAL HEALTH UNDER CERTAIN CONDITIONS.
The following Bill was taken up:
S. 950 (Word version) -- Senators Hutto and Matthews: A BILL TO AMEND SECTION 59-53-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DENMARK TECHNICAL COLLEGE AREA COMMISSION, SO AS TO ALLOW THE COMMISSION TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES UPON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD.
Rep. WHITE proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\19242MM08), which was adopted:
Amend the bill, as and if amended, by adding at the end of SECTION 1, page 2, after line 15, the following:
/ (D) Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Title 11, Chapter 35."
SECTION 2. Section 59-53-740 of the 1976 Code, as added by Act 201 of 2004, is amended by adding:
"(E) Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Title 11, Chapter 35."
SECTION 3. Section 59-117-65 of the 1976 Code is amended by adding:
"Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Title 11, Chapter 35."
SECTION 4. Section 59-125-130 of the 1976 Code is amended by adding:
"Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Title 11, Chapter 35."
SECTION 5. Section 59-127-85 of the 1976 Code is amended by adding:
"Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Title 11, Chapter 35."
SECTION 6. Section 59-130-60 of the 1976 Code is amended by adding:
"Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Title 11, Chapter 35."
SECTION 7. Section 59-133-60 of the 1976 Code is amended by adding:
"Neither this section, nor the approval required by this section, exempts any transaction or entity from complying with Title 11, Chapter 35."
SECTION 8. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
Reps. COOPER and WHITE proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\3894DW08), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Article 3, Chapter 53, Title 59 of the 1976 Code is amended by adding:
"Section 59-53-290. (A) The Area Commission of Tri-County Technical College, with the approval of the State Budget and Control Board, may enter into one or more ground lease agreements with a private entity in which the private entity provides all services necessary for the creation and operation of an on-campus facility, the purpose of which must be determined by the commission including, but not limited to, financing, designing, constructing, managing, operating, maintaining, and related services. Upon expiration of the ground lease agreement term, the private entity shall surrender to the college the premises with the existing buildings, other structures, and improvements constructed and located on the premises, in the same condition as when the construction of the buildings, other structures, and improvements were completed, with only natural and normal wear and tear excepted. The State Budget and Control Board shall first approve all ground lease agreement terms and conditions including the consideration involved. The full faith and credit of the State toward the lease obligations may not be pledged, and a statement to the contrary is deemed null and void as a matter of public policy. The approval required is in lieu of or a substitute for other approval required by another provision of law or regulation in connection with the undertaking of the private entity and the college; however, the private entity and the college shall adhere to fire, life, and safety codes as required by the Office of the State Engineer.
(B) The Area Commission of Tri-County Technical College, upon the approval of the State Budget and Control Board, may enter into a lease or lease purchase agreement with a private entity for the entity to occupy a college facility or a facility to be built by the college on college property for the purpose of conducting an entrepreneurial or commercial activity.
(C) The Area Commission of Tri-County Technical College, upon approval of the State Budget and Control Board, 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 the private entity will conduct an entrepreneurial or commercial activity consistent with the scope and mission of the college.
(D) In implementing the provisions of subsections (B) and (C), full compliance with the provisions of Article X, Section 11 of the Constitution of this State is required." /
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WHITE, with unanimous consent, it was ordered that S. 950 be read the third time tomorrow.
The following Bill was taken up:
H. 4867 (Word version) -- Reps. Cato, Harrell, Haley and Viers: A BILL TO AMEND SECTION 40-2-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO REVISE THE DEFINITION OF "ATTEST" AND "SUBSTANTIAL EQUIVALENCY" AND TO DEFINE "HOME OFFICE" AND "PRINCIPAL PLACE OF BUSINESS"; TO AMEND SECTION 40-2-30, AS AMENDED, RELATING TO THE REQUIREMENT TO BE LICENSED TO RENDER CERTAIN SERVICES AND TO USE CERTAIN TITLES, SO AS TO PROVIDE THAT INDIVIDUALS AND FIRMS MAY ALSO RENDER THESE SERVICES AND USE CERTAIN TITLES IF CERTAIN QUALIFICATIONS ARE MET; TO AMEND SECTION 40-2-40, AS AMENDED, RELATING TO REGISTRATION REQUIREMENTS FOR ACCOUNTING FIRMS, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH AN OUT-OF-STATE FIRM MAY RENDER CERTAIN SERVICES WITHOUT HAVING A REGISTRATION; AND TO AMEND SECTION 40-2-245, RELATING TO REQUIREMENTS FOR AN INDIVIDUAL IN AN OUT-OF-STATE FIRM TO OBTAIN PRACTICE PRIVILEGES IN THIS STATE, SO AS TO REVISE AND FURTHER SPECIFY THESE REQUIREMENTS.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 401 (Word version) -- Senators Setzler and Leatherman: A BILL TO AMEND SECTION 11-35-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE THE DEFINITION FOR "OFFICE"; AND TO AMEND SECTION 11-35-1524, RELATING TO VENDOR PREFERENCES, SO AS TO PROVIDE FOR PREFERENCES FOR END PRODUCTS FROM SOUTH CAROLINA AND FROM THE UNITED STATES AND FOR CONTRACTORS AND SUBCONTRACTORS WHO EMPLOY INDIVIDUALS DOMICILED IN SOUTH CAROLINA, TO DEFINE CERTAIN TERMS, PROVIDE FOR ELIGIBILITY REQUIREMENTS FOR THE PREFERENCES, PROVIDE FOR APPLICATION FOR THE PREFERENCES AND PENALTIES FOR FALSE APPLICATION, AND TO MAKE EXCEPTIONS TO THE PREFERENCES.
Rep. SHOOPMAN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 104 (Word version) -- Senators McConnell, Courson, Vaughn, Knotts and Campsen: A BILL TO AMEND CHAPTER 11, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARCHIVES ACT, SO AS TO ADD ARTICLE 3 CREATING THE SOUTH CAROLINA CIVIL WAR SESQUICENTENNIAL ADVISORY BOARD.
Rep. WEEKS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 1058 (Word version) -- Senators Hayes, Courson, Lourie, Short, Sheheen and Ceips: A BILL TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA CHILDREN'S TRUST FUND, SO AS TO ELIMINATE DUPLICATIVE DUTIES OF THE ORGANIZATION AND REVISE ITS GOVERNANCE BY RECONSTITUTING THE BOARD OF TRUSTEES AS A BOARD OF DIRECTORS CONSISTING OF SEVENTEEN MEMBERS, INCLUDING ELEVEN AT-LARGE MEMBERS APPOINTED BY THE GOVERNOR FROM NOMINEES MADE BY THE CURRENT BOARD MEMBERS PLUS ONE MEMBER FROM EACH OF THE STATE'S CONGRESSIONAL DISTRICTS, AND TO DELETE VARIOUS QUALIFICATIONS FOR SERVICE ON THE BOARD OF DIRECTORS AND TERM LIMITS ON SERVICE.
Rep. HAYES made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 1085 (Word version) -- Senators McConnell and Hayes: A BILL TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, TO PLACE LEGISLATIVE STAFF UNDER THE JURISDICTION OF THE LEGISLATIVE ETHICS COMMITTEES.
Rep. DELLENEY explained the Bill.
Rep. LOFTIS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. HART asked unanimous consent to recall H. 3448 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
Rep. HART asked unanimous consent to recall H. 4616 (Word version) from the Committee on Judiciary.
Rep. MULVANEY objected.
Rep. HART asked unanimous consent to recall H. 3588 (Word version) from the Committee on Judiciary.
Rep. THOMPSON objected.
Rep. MOSS asked unanimous consent to recall H. 4369 (Word version) from the Committee on Judiciary.
Rep. WHITE objected.
Rep. HART asked unanimous consent to recall H. 3022 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
Debate was resumed on the Senate Amendments to the following Bill, the pending question being the consideration of Amendment No. 6A, Rep. COOPER having the floor:
H. 4800 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Rep. COOPER proposed the following Amendment No. 6A (Doc Name h:\legwork\house\amend\h-wm\001\hou2 base amend4.doc), which was adopted:
Amend the bill, as and if amended, by striking the version of the bill as passed by the Senate and inserting the version of the bill as passed by the House which is incorporated by reference in this amendment. Further references are to the bill as passed by the House of Representatives.
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 2, lines 21-22, opposite /INTERPRETER RECRUITMENT & TRAINING PROGRAM/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
100,000 100,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 3, line 23, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Columns 5 & 6 by:
Column 5 Column 6
1,082,283 1,082,283
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 21, opposite /ALLOC EIA-ADV. PLACEMENT/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
231,173
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 22, opposite /ALLOC EIA-GIFT/TALENT PRG/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
2,087,803
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, lines 23-24, opposite /ALLOC EIA-SRVC STUDENTS W/DISABILITIES/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
244,858
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, lines 25-26, opposite /ALLOC EIA-SCH DIST. JR. SCHOLARS/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
3,002
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 27, opposite /ALLOC EIA - OTHER ENTITIES/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
1,662
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 28, opposite /ALLOC EIA- OTHER AGENCIES/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
8,365
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 29, opposite /ALLOC EIA- TECH PREP/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
236,675
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 30, opposite /ALLOC EIA - OTHER ENTITIES/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
28
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 31, opposite /OTHER AGENCIES/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
911
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, lines 32-33, opposite /MODERNIZE VOCATIONAL EQUIPMENT/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
230,796
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 34, opposite /ALLOC EIA-ARTS CURRICULA/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
93,027
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, lines 35-36, opposite /P.L. 99-457 PRESCHOOL CHILDREN W/DISABILI/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
231,382
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 37, opposite /ADULT EDUCATION/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
738,223
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 38, opposite /ALTERNATIVE SCHOOLS/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
680,637
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 39, opposite /MIDDLE SCHOOL INITIATIVE/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
287,511
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, line 1, opposite /CREDITS HIGH SCHOOL DIPLOMA/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
1,376,138
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, line 2, opposite /HIGH SCHOOLS THAT WORK/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
58,230
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, line 3, opposite /YOUNG ADULT EDUCATION/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
93,168
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, line 16, opposite /ASSESSMENT / TESTING/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
1,200,186
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, lines 30-31, opposite /GOVERNOR'S INSTITUTE OF READING/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
172,528
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, line 32, opposite /INSTRUCTIONAL MATERIALS/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
1,355,524
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, line 35, opposite /ALLOC EIA-COMP TCHR GRANTS/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
74,945
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 10, opposite /EAA TECHNICAL ASSISTANCE/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
4,722,610
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 11, opposite /EXTERNAL REVIEW TEAMS/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
79,892
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 12, opposite /REPORT CARDS/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
56,588
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, lines 13-14, opposite /PALMETTO GOLD & SILVER AWARDS/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
174,690
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 15, opposite /SUMMER SCHOOLS/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
1,082,913
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 16, opposite /STUDENT IDENTIFIER/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
77,332
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 17, opposite /DATA COLLECTION/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
95,407
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 22, opposite /OTHER AGENCIES/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
9,500
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 23, opposite /REDUCE CLASS SIZE/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
2,040,812
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 24, opposite /ACADEMIC ASSISTANCE/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
7,013,022
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, line 3, opposite /ALLOC EIA-4 YR EARLY CHILD/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
1,271,317
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, lines 4-5, opposite /ALLOC EIA-SCHOOL BUS DRIVERS SALARIES/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
26,249
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, line 6, opposite /ALLOC EIA-PARENT SUPPORT/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
242,211
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, line 7, opposite /FAMILY LITERACY/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
113,330
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, line 26, opposite /TEACHER OF THE YEAR/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
9,672
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, line 27, opposite /TEACHER QUALITY COMMISSION/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
31,667
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, line 32, opposite /CRITICAL TEACHING NEEDS/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
35,108
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, line 34, opposite /TEACHER SUPPLIES/ by increasing the amount(s) in Column 5 by:
Column 5 Column 6
907,906
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, line 1, opposite /PROFESSIONAL DEVELOPMENT/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
407,610
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, lines 4-5, opposite /PROFESSIONAL DEVELOPMENT - NSF GRANTS/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
168,889
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, lines 22-23, opposite /PRINCIPAL EXECUTIVE INSTITUTE/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
52,778
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, line 26, opposite /ALLOC EIA-SLRY SUPP PRINCI/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
180,404
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, line 33, opposite /CLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
397,840
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, line 6, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
288,619
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, line 8, opposite /TECHNOLOGY/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
796,802
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, line 16, opposite /EOC PUBLIC RELATIONS/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
13,194
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, line 34, opposite /TEACHER PAY (F30)/ by increasing the amount(s) in Column 5 by:
Column 5 Column 6
944,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, lines 35-36, opposite /WRITING IMPROVEMENT NETWORK (H27)/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
16,796
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, lines 37-38, opposite /EDUCATION OVERSIGHT COMMITTEE (A85)/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
79,389
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 1-2, opposite /S.C. GEOGRAPHIC ALLIANCE - USC (H27)/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
14,325
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 10-11, opposite /SCHOOL IMPROVEMENT COUNCIL PROJECT (H27)/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
11,699
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, line 14, opposite /CENTERS OF EXCELLENCE (H03)/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
41,990
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, line 15, opposite /TCHR RECRUIT PROG (H03)/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
341,869
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 16-17, opposite /CENTER FOR EDUC RECRUIT, RETEN, & ADV (CE/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
2,912
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, line 18, opposite /TCHR LOAN PROG (E16)/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
312,523
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, line 19, opposite /EOC 4 YEAR OLD EVALUATION/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
23,176
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 20-21, opposite /SERVICE LEARNING ENGAGEMENT (H03)/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
3,785
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, line 24, opposite /EOC FAMILY INVOLVEMENT/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
2,639
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 25-26, opposite /DARLINGTON COUNTY SCHOOL DISTRICT/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
1,000,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 27-28, opposite /SC NATIONAL GUARD YOUTH CHALLENGE PROGRAM/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
400,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 29-30, opposite /ACES PROGRAM AT DEPT OF JUVENILE JUSTICE/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
200,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 31-32, opposite /WIL LOU GRAY OPPORTUNITY SCHOOL/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
200,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, line 33, opposite /BOYS & GIRLS CLUB/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
260,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 34-35, opposite /SOUTH CAROLINA CHARTER SCHOOLS/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
29,115
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, lines 36-37, opposite /FIRST STEPS TO SCHOOL READINESS/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
116,460
Amend the bill further, as and if amended, Part IA, Section 6, COMMISSION ON HIGHER EDUCATION, page 30, line 12, opposite /OTHER OPERATING EXPENSES/ by increasing the amount(s) in Columns 5 & 6 by:
Column 5 Column 6
161,246 161,246
Amend the bill further, as and if amended, Part IA, Section 6, COMMISSION ON HIGHER EDUCATION, page 31, after line 10, by inserting a new line to read:
Column 5 Column 6
ELECTRONIC LIBRARY 200,000 200,000
Amend the bill further, as and if amended, Part IA, Section 6, COMMISSION ON HIGHER EDUCATION, page 33, line 11, opposite /LIFE SCHOLARSHIPS/ by decreasing the amount(s) in Columns 5 & 6 by:
Column 5 Column 6
23,252,475 23,252,475
Amend the bill further, as and if amended, Part IA, Section 6, COMMISSION ON HIGHER EDUCATION, page 33, line 12, opposite /PALMETTO FELLOWS SCHOLARSHIPS/ by decreasing the amount(s) in Columns 5 & 6 by:
Column 5 Column 6
1,361,750 1,361,750
Amend the bill further, as and if amended, Part IA, Section 6, COMMISSION ON HIGHER EDUCATION, page 33, line 13, opposite /HOPE SCHOLARSHIPS/ by decreasing the amount(s) in Columns 5 & 6 by:
Column 5 Column 6
308,504 308,504
Amend the bill further, as and if amended, Part IA, Section 7, HIGHER EDUCATION TUITION GRANTS COMMISSION, page 35, line 19, opposite /OTHER OPERATING EXPENSES / by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
515,389 515,389
Amend the bill further, as and if amended, Part IA, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 96, line 6, opposite /HOSPITAL SERVICES/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
500,000 500,000
Amend the bill further, as and if amended, Part IA, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 97, line 39, opposite /E. PALMETTO HEALTH/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
75,000 75,000
Amend the bill further, as and if amended, Part IA, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 98, line 2, opposite /REGENESIS COMMUNITY/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
100,000 100,000
Amend the bill further, as and if amended, Part IA, Section 22, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 104, line 32, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
2,610,546 2,610,546
Amend the bill further, as and if amended, Part IA, Section 22, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 104, line 34, opposite /FAMILY HEALTH CENTERS/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
442,427 442,427
Amend the bill further, as and if amended, Part IA, Section 22, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 104, lines 35-36, opposite /LANCASTER KERSHAW HEALTH CENTER/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
174,055 174,055
Amend the bill further, as and if amended, Part IA, Section 23, DEPARTMENT OF MENTAL HEALTH, page 112, line 15, opposite /NEW DAY CLUBHOUSE/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
98,000 48,000
Amend the bill further, as and if amended, Part IA, Section 23, DEPARTMENT OF MENTAL HEALTH, page 115, line 24, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,809,467 1,809,467
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, page 121, line 26, opposite /OTHER OPERATING EXPENSES / by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
450,000 450,000
Amend the bill further, as and if amended, Part IA, Section 24, DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, page 122, line 3, opposite /OTHER OPERATING EXPENSES / by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
450,000 450,000
Amend the bill further, as and if amended, Part IA, Section 25, DEPARTMENT OF ALCOHOL & OTHER DRUG ABUSE SERVICES, page 124, line 22, opposite /OTHER OPERATING EXPENSES / by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
18,254 18,254
Amend the bill further, as and if amended, Part IA, Section 25, DEPARTMENT OF ALCOHOL & OTHER DRUG ABUSE SERVICES, page 124, line 34, opposite /ALCOHOL & DRUG TREATMENT / by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
242,518 242,518
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 130, lines 26-27, opposite /LEXINGTON CTY CHILDREN SHELTER/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
9,194 9,194
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 130, line 28, opposite /CAMP HAPPY DAYS/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
70,000 70,000
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 130, line 29, opposite /PENDLETON PLACE/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
9,194 9,194
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 130, line 30, opposite /CAROLINA YOUTH/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
89,899 89,899
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 130, line 31, opposite /CHILDREN IN CRISIS/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
100,000 100,000
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 130, line 32, opposite /CALLEN LACY HOUSE/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
100,000 100,000
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 134, line 9, opposite /GREENVILLE URBAN LEAGUE/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
18,389 18,389
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 134, line 26 opposite /TANF ASSISTANCE PAYMENTS/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
3,732,883 3,732,883
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 137, line 29, opposite /BOWERS-ROGERS HOME/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
50,000 50,000
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 137, lines 30-31, opposite /PHILLIS WHEATLEY COMMUNITY CENTER/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
75,000 75,000
Amend the bill further, as and if amended, Part IA, Section 27, COMMISSION FOR THE BLIND, page 141, line 17, opposite /PUBLIC ASSISTANCE PAYMENTS / by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
88,456 88,456
Amend the bill further, as and if amended, Part IA, Section 30, ARTS COMMISSION, page 149, line 25, opposite /PENN COMMUNITY CENTER/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
107,976 107,976
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF NATURAL RESOURCES, page 173, lines 10-11, opposite /"INFO. RESOURCE CONSULTANTS"/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
112,000 112,000
(3.00) (3.00)
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF NATURAL RESOURCES, page 173, lines 12-13, opposite "GIS MANAGER"/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
46,000 46,000
(1.00) (1.00)
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF NATURAL RESOURCES, page 173, lines 14-15, opposite /"SR. SOFTWARE ENGINEER"/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
82,500 82,500
(1.00) (1.00)
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF NATURAL RESOURCES, page 173, lines 16-17, opposite /"SR. APPLIC. ANALYST"/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
50,000 50,000
(1.00) (1.00)
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF NATURAL RESOURCES, page 173, lines 18-19, opposite /"PROGRAMMER"/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
50,000 50,000
(1.00) (1.00)
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF NATURAL RESOURCES, page 173, lines 20-21, opposite /"RECORDS ANALYST"/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
26,400 26,400
(1.00) (1.00)
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF NATURAL RESOURCES, page 173, lines 22-23, opposite /"DATA BASE ADMINISTRATOR"/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
54,000 54,000
(1.00) (1.00)
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF NATURAL RESOURCES, page 180, line 6, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
126,270 126,270
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 2, opposite /CANADIAN PROMOTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
85,000 85,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 6, opposite /WILDLIFE EXPO/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
225,000 225,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 7, opposite /US YOUTH GAMES/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
50,000 50,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 8, opposite /SPOLETO/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
246,000 246,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 9, opposite /FREEDOM WEEKEND ALOFT/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
250,000 250,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 10, opposite /GASTON COLLARD FESTIVAL/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
5,000 5,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 11, opposite /GREENVILLE ZOO/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
40,507 40,507
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 12, opposite /GILBERT PEACH FESTIVAL/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
25,000 25,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 13, opposite /PELION PEANUT FESTIVAL/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
5,000 5,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 14, opposite /PENDLETON AGRIC. MUSEUM/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
4,133 4,133
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 15, opposite /OAKLEY PARK/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
5,649 5,649
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 16, opposite /RIVERBANKS ZOO/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
166,191 166,191
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 17, opposite /SC SR. SPORTS CLASSIC/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
26,074 26,074
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 18, opposite /WALHALLA-STUMPHOUSE TUNNEL/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
8,266 8,266
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 183, line 19, opposite /SC JR GOLF ASSOCIATION/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
3,000 3,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 184, line 18, opposite /PALMETTO TRAILS/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
300,000 300,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 184, line 20, opposite /FRANCIS MARION TRAIL/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
200,000 200,000
Amend the bill further, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 185, lines 2-3, opposite /H. COOPER BLACK FIELD TRIAL AREA/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
300,000 300,000
Amend the bill further, as and if amended, Part IA, Section 40, DEPARTMENT OF COMMERCE, page 189, lines 11-12, opposite /SC WORLD TRADE PARK AND EDUCATION CENTER/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
297,688 297,688
Amend the bill further, as and if amended, Part IA, Section 40, DEPARTMENT OF COMMERCE, page 189, line 14, opposite /HYDROGEN FUEL CELL/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
367,640 367,640
Amend the bill further, as and if amended, Part IA, Section 40, DEPARTMENT OF COMMERCE, page 189, line 29, opposite /SC TECHNOLOGY ALLIANCE/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
300,000 300,000
Amend the bill further, as and if amended, Part IA, Section 40, DEPARTMENT OF COMMERCE, page 190, line 5, opposite /CDC INITIATIVE/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,000,000 1,000,000
Amend the bill further, as and if amended, Part IA, Section 40, DEPARTMENT OF COMMERCE, page 193, line 7, opposite /CIVIL AIR PATROL/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
50,000 50,000
Amend the bill, further as and if amended, Part IA, Section 44, JUDICIAL DEPARTMENT, page 199, lines 26, opposite /UNCLASSIFIED POSITIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
500,000 500,000
Amend the bill further, as and if amended, Part IA, Section 44, JUDICIAL DEPARTMENT, page 202, lines 2-3, opposite /CENTERS FOR FATHERS AND FAMILIES/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
500,000 500,000
Amend the bill further, as and if amended, Part IA, Section 49, DEPARTMENT OF PUBLIC SAFETY, page 216, lines 32-33, opposite /"LAW ENFORCEMENT OFFICERS"/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
863,660 863,660
(50.00) (50.00)
Amend the bill further, as and if amended, Part IA, Section 49, DEPARTMENT OF PUBLIC SAFETY, page 216, line 39, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
295,136 295,136
Amend the bill further, as and if amended, Part IA, Section 49, DEPARTMENT OF PUBLIC SAFETY, page 218, line 9, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
362,494 362,494
Amend the bill further, as and if amended, Part IA, Section 50, LAW ENFORCEMENT TRAINING COUNCIL, page 219, lines 20-21, opposite /"TRAFFIC SAFETY INSTRUCTOR"/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
171,198 171,198
(3.00) (3.00)
Amend the bill further, as and if amended, Part IA, Section 50, LAW ENFORCEMENT TRAINING COUNCIL, page 219, lines 22-23, opposite /"FIREARMS/DRIVING INSTRUCTOR"/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
170,235 170,235
(3.00) (3.00)
Amend the bill further, as and if amended, Part IA, Section 50, LAW ENFORCEMENT TRAINING COUNCIL, page 219, line 27, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
15,000 15,000
Amend the bill further, as and if amended, Part IA, Section 50, LAW ENFORCEMENT TRAINING COUNCIL, page 219, line 34, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
105,844 105,844
Amend the bill further, as and if amended, Part IA, Section 51, DEPARTMENT OF CORRECTIONS, page 222, line 4, opposite /OTHER OPERATING EXPENSES/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
3,960,739 3,960,739
Amend the bill further, as and if amended, Part IA, Section 64, DEPARTMENT OF CONSUMER AFFAIRS, page 254, lines 8-9, opposite /"EXECUTIVE ASSISTANT II"/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
44,382 44,381
(1.00) (1.00)
Amend the bill further, as and if amended, Part IA, Section 64, DEPARTMENT OF CONSUMER AFFAIRS, page 254, line 15, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
6,383 6,383
Amend the bill further, as and if amended, Part IA, Section 64, DEPARTMENT OF CONSUMER AFFAIRS, page 255, line 32, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
12,427 12,427
Amend the bill further, as and if amended, Part IA, Section 72B, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 283, line 31, opposite /SOUTHERN GROWTH POLICIES/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
26,312 26,312
Amend the bill further, as and if amended, Part IA, Section 72B, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 283, line 32, opposite /SOUTHERN STATES ENERGY BOARD/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
31,372 31,372
Amend the bill further, as and if amended, Part IA, Section 72B, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 283, line 33, opposite /POET LAUREATE/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,000 1,000
Amend the bill further, as and if amended, Part IA, Section 72B, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 283, lines 34-35, opposite /APPALACHIAN REGIONAL COMMISSION/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
36,000 36,000
Amend the bill further, as and if amended, Part IA, Section 72B, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 283, line 38, opposite /MINING COUNCIL/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,000 1,000
Amend the bill further, as and if amended, Part IA, Section 72B, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 285, lines 6-7, opposite /"ATTORNEY III"/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
48,000 48,000
(1.00) (1.00)
Amend the bill further, as and if amended, Part IA, Section 72B, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 289, line 29, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
13,440 13,440
Amend the bill, as and if amended, Part IA, Section 78, ADJUTANT GENERAL'S OFFICE, page 301, line 14, opposite /CIVIL AIR PATROL/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
80,000 80,000
Amend the bill further, as and if amended, Part IA, Section 80A, BUDGET AND CONTROL BOARD, page 325, lines 2-3, opposite /"PROGRAM MANAGER II"/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
(1.00) (1.00)
Amend the bill further, as and if amended, Part IA, Section 80A, BUDGET AND CONTROL BOARD, page 325, lines 4-5, opposite /"PROGRAM MANAGER I"/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
(2.00) (2.00)
Amend the bill further, as and if amended, Part IA, Section 80A, BUDGET AND CONTROL BOARD, page 325, lines 6-7, opposite /"PROGRAM COORDINATOR II"/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
(2.00) (2.00)
Amend the bill further, as and if amended, Part IA, Section 80C, B & C-EMPLOYEE BENEFITS, page 329, line 11, opposite /PENSIONS-RET NATL GUARD/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
103,913 103,913
Amend the bill, as and if amended, Part IA, Section 80C, B & C-EMPLOYEE BENEFITS, page 329, line 20, opposite /EMPLOYEE PAY PLAN/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
169,777 169,777
Amend the bill further, as and if amended, Part IA, Section 80C, B & C-EMPLOYEE BENEFITS, page 329, line 25, opposite /OPEB TRUST FUND PAYMENT/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
20,000,000 20,000,000
Amend the bill further, as and if amended, Part IA, Section 80C, B & C-EMPLOYEE BENEFITS, page 329, line 30, opposite /MILEAGE REIMBURSEMENT/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
570,000 570,000
Amend the bill, as and if amended, Part IA, Section 83, PROCUREMENT REVIEW PANEL, page 335, line 8, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
6,349 6,349
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 358, paragraph 1.21 (Mathematics and Science Unit of the Office of Curriculum and Standards), lines 15-17, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 359, paragraph 1.24 (Adult Education/Literacy), lines 3-4, by striking: / The North Family Community School shall receive $2,000 of the funds allocated to Orangeburg County for adult literacy. /
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 373, paragraph 1.76 (STAR Academy Match Requirement), lines 1-4, by striking the paragraph in its entirety.
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 374, paragraph 1A.4 (Gifted & talented/Jr. Academy of Science), lines 13-14, by striking:
/ Of the funds appropriated in Part IA, Section 1, XI.A.1. Gifted & Talented, $100,000 must be provided to the Junior Academy of Science. /
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 378, paragraph 1A.26 (Parenting/Family Literacy), line 23, by striking /Of/; amend further by striking lines 24-29 in their entirety.
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 378, paragraph 1A.27 (Parenting/Family Literacy/Communities-In-Schools), lines 30-35, by striking the paragraph in its entirety.
Amend the bill, as and if amended, Part IB, Section 2, LOTTERY EXPENDITURE ACCOUNT, paragraph 2.7, page 392, line 33, by striking / $52,004,207 / and by inserting / $75,256,682 /; Amend further, page 392, line 34, by striking / $7,767,606 / and by inserting / $8,076,110 /; Amend further, page 392, line 35, by striking
/ $28,915,490 / and by inserting / $30,277,240 /; Amend further, page 393, line 4, by striking / $30,000,000 / and by inserting / $20,000,000 /; Amend further, page 393, line 8, by striking / $47,614,527 / and by inserting / $37,614,527 /; Amend further, page 393, line 29, after "fiscal year." by inserting: / Of any unclaimed prize funds available in excess of the Board of Economic Advisors estimate, the first $4,000,000 shall be directed to the State Board for Technical and Comprehensive Education for the Allied Health Initiative.
Amend the bill, as and if amended, Part IB, Section 2, LOTTERY EXPENDITURE ACCOUNT, page 393, after line 32, by adding an appropriately numbered paragraph to read:
/ (LEA: Centers of Economic Excellence) For the current fiscal year only this provision is known and may be cited as the 'South Carolina Research Centers of Economic Excellence Act'.
The General Assembly finds that:
(1) It is in the public interest to create incentives for the senior research universities of South Carolina consisting of Clemson University, the Medical University of South Carolina, and the University of South Carolina to raise capital from the private sector to fund endowments for professorships in research areas targeted to create well-paying jobs and enhanced economic opportunities for the people of South Carolina;
(2) These endowed professorships should be used to recruit and maintain leading scientists and engineers at the senior research universities of South Carolina for the purposes of developing and leveraging the research capabilities of the universities for the creation of well-paying jobs and enhanced economic opportunities in knowledge-based industries for all South Carolinians;
(3) In communities across the United States in which better paying jobs and enhanced economic development in knowledge-based industries has flourished, the local or state government has created incentives and made a long-term commitment to public and private funding for a significant number of endowments for professorships in targeted knowledge-based industries;
(4) The South Carolina Education Lottery provides a source of funding and an incentive for the senior research universities to raise, in dollar-for-dollar matching amounts, sums from non-state sources sufficient to create endowed professorships;
(5) These endowed professorships should be awarded to the senior research universities through a competitive application process, provided that the competitive process must encourage the senior research universities to submit cooperative applications with one another as well as in cooperation with other institutions of higher education; and
(6) These endowed professorships, funded equally from the South Carolina Education Lottery and from other non-state sources, provide a foundation for the creation of centers of economic excellence.
There is created the Research Centers of Excellence Review Board. The board shall consist of nine members. Of the nine members, three must be appointed by the Governor, three must be appointed by the President Pro Tempore of the Senate, and three must be appointed by the Speaker of the House of Representatives. The terms of members are three years and members are eligible to be appointed for no more than two additional terms. Of the members initially appointed by the Governor, the President Pro Tempore, and the Speaker of the House, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years, the initial term of each member to be designated by the Governor, President Pro Tempore, and Speaker of the House when making the appointments. The Governor, the President Pro Tempore, and the Speaker of the House shall appoint persons with substantial experience in business, law, accounting, technology, manufacturing, engineering, or other professions and experience which provide an understanding of the purposes of this paragraph. The board shall be responsible for providing annually to the Commission on Higher Education a schedule by which applications for funding are received and awarded on a competitive basis, the awarding of matching funds as provided in Section 2-75-60, and for oversight and operation of the fund created by Section 2-75-30. The review board must provide an annual report to the General Assembly as well as the Budget and Control Board, which shall include an audit performed by an independent auditor.
There is created the Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account, except that endowment appropriations for the current fiscal year may not be funded until all state-supported scholarships are fully funded. The fund must be managed by the State Treasurer, subject to awards from the endowment as provided in this paragraph. Interest earnings of the endowment must remain in the fund. An application for an award from the endowment shall:
(1) Provide to the board documentation of private matching funds, on hand, in an amount equal to the amount for which application is made;
(2) Provide to the board documentation that all matching funds have been committed and raised exclusively from sources other than South Carolina tax dollars, and that the funds have been committed and raised after January 1, 2002;
(3) Be in an amount of not less than two million dollars and not more than five million dollars;
(4) Document that the application has significant potential to provide for enhanced economic development for the citizens of South Carolina in a specified knowledge-based industry or field of commerce; and
(5) Provide specific partnering activities with other institutions, businesses, or the community.
Eligible research universities are strongly encouraged to partner with other South Carolina colleges and universities to develop proposals that will enhance the economic competitiveness of our State, and to enhance science and engineering through collaborations in related disciplines. To meet the endowed professorships matching requirement a research university may use funds specifically provided for use in the areas provided in this paragraph that are derived from private or federal government sources, excluding state appropriations to the institution, tuition, or fees. Subject to the restrictions in this paragraph, only federal dollars received after July 1, 2003, may be used to meet the endowed professorships matching requirement. The matching funds in this provision may be used only in the areas of Engineering, Nanotechnology, Biomedical Sciences, Energy Sciences, Environmental Sciences, Information and Management Sciences, and for other sciences and research that create well-paying jobs and enhanced economic opportunities for the people of South Carolina and that are approved by the Research Centers of Excellence Review Board. The board may, at its discretion, permit the senior research universities to utilize a portion of the non-state matching funds of any single award to pay for initial operating costs including, but not limited to, infrastructure improvement, purchase of equipment, and payment of salaries for junior faculty, researchers, technicians, and other support staff directly associated with the establishment of the professorship's research efforts and the creation of the center of economic excellence which the professorship serves. The portion established by the board must apply equally to all of the senior research universities' centers of economic excellence and endowed professorships created under this act. The portion established by the board may be modified by the board in order to facilitate program success. The full amount of every state award, with the exception of programmatic support proposals, must be placed into and remain in endowment. Should a center of economic excellence be dissolved, withdrawn, or otherwise terminated, the entirety of the state award which has been drawn by the institution must be returned to the Centers of Excellence Matching Endowment. In addition to accepting and applying non-state funds, as stipulated in this paragraph, to meet the matching requirement of each state award, a senior research university may accept and apply cash equivalent and in-kind donations from non-state sources. Such donations must directly impact and promote the research of the endowed professorship and the center of economic excellence which the professorship serves. Such donations may include, but are not limited to, donated or rent-discounted laboratory, and research facility space; buildings, including sale-lease back; equipment; furnishings; and infrastructure upgrades. The value of each cash equivalent or in-kind donations must be determined using standard accounting methods and a cost share accounting policy established by the board. The total value of cash equivalent and in-kind donations applicable per award may not exceed the portion of non-state matching funds available for non-endowment use established by the board. Cash equivalent and in-kind donations may only be applied if received by a senior research university after July 1, 2002. This provision takes effect upon approval by the Governor. /
Amend the bill, as and if amended, Part IB, Section 3, WIL LOU GRAY OPPORTUNITY SCHOOL, page 394, after line 18, by adding an appropriately numbered paragraph to read:
/ (WLG: Lease Revenue) Wil Lou Opportunity School is authorized to retain revenues derived from the lease of school properties titled to or utilized by the school and may use revenues retained for general school operations, including, but not limited to, maintenance of such properties. Unexpended funds may be carried forward into the current fiscal year and used for the same purposes. /
Amend the bill, as and if amended, Part IB, Section 15, UNIVERSITY OF SOUTH CAROLINA, page 401, paragraph 15.4 (Beaufort Campus - Penn Center), lines 35-36, by striking: / , except that $25,000 shall be transferred to the Colleton Center /
Amend the bill, as and if amended, Part IB, Section 18, STATE BOARD FOR TECHNICAL & COMPREHENSIVE EDUCATION, page 403, paragraph 18.1 (Training of New & Expanding Industry), line 5, by striking: / available /; Amend further, line 7, by striking: / revenues exceed projections and /
Amend the bill, as and if amended, Part IB, Section 19, EDUCATIONAL TELEVISION COMMISSION, page 404, paragraph 19.4, lines 4-7, by striking the proviso in its entirety and by inserting:
/ 19.4. (ETV: SC Educational Broadband Service Commission/Broadband License) There is created a commission to be known as the South Carolina Educational Broadband Service Commission. All appointees must have a background of substantial duration and expertise in business. The commission shall be composed of the following seven members:
(1) One member of the private sector appointed by the President Pro Tempore of the Senate;
(2) One member of the private sector appointed by the Speaker of the House of Representatives;
(3) One member of the private sector appointed by the Chairman of the Senate Finance Committee;
(4) One member of the private sector appointed by the Chairman of the House Ways and Means Committee;
(5) One member of the private sector appointed by the Chairman of the State Regulation of Public Utilities Review Committee
(6) One member of the private sector appointed by the Vice-Chairman of the State Regulation of Public Utilities Review Committee; and
(7) One member of the private sector appointed by the Governor.
The commission shall elect its chairman and vice-chairman at the first meeting of the commission. The appointee of the President Pro Tempore of the Senate shall call an organizational meeting for the purpose of electing officers and other matters that may arise.
The commission must meet as soon as practicable after a majority of members have been appointed. A majority of members of the commission who have been appointed shall constitute a quorum for the transaction of business. A vacancy on the commission shall not impair the ability of a quorum to exercise and perform the powers and duties of the commission.
Commission members serve at the pleasure of the appointing authority. A vacancy in the membership of the commission must be filled in the manner of the original appointment. Commission membership does not constitute an office for purposes of the prohibition on dual office holding provided in Section 3, Article VI of the Constitution of the State. Commission members are subject to the provisions of the Ethics, Government Accountability, and Campaign Reform Act, Chapter 13 of Title 8.
Members shall serve without compensation but are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business.
The commission has the following powers and duties:
(1) The commission shall use a competitive process to obtain proposals from commercial entities for the leasing of the excess spectrum capacity of the Education Broadband Service (EBS) licenses held by the South Carolina Educational Television Network. The commission shall seek proposals that utilize the excess spectrum capacity of the EBS licenses in the following manners: (a) a single lease of ETV's excess spectrum capacity without any service requirements; (b) a single lease of ETV's excess spectrum capacity with service requirements as recommended by the commission; (c) multiple leases on a regional basis without any service requirements, such regions to be determined by the commission; (d) multiple leases on a regional basis with service requirements as recommended by the commission, such regions to be determined by the commission; and (e) other manners deemed appropriate by the commission. The commission must also consider whether to include any lease of tower space in the proposals in the lease of excess spectrum capacity. In determining any service requirements to impose on potential lessees, the commission must consider the costs and benefits, both monetary and societal, that would be borne by or inure to the public at large, as well as the public to be served. Because broadband service may be provided using a number of different technologies, each of which has unique characteristics and advantages, the commission, in developing its recommended service requirements, must consider the costs and benefits of all methods available to deploy broadband services throughout the State, including wireline, wireless technologies utilizing other bands of the spectrum, or satellite. The commission must not impose any pricing requirements on lessees and must take steps to ensure that the state's assets are not made available to a private broadband service provider to subsidize a private company's competitive service offerings. The competitive process used by the commission shall be governed exclusively by the procedures stated herein and procedures established by the commission.
(2) The commission shall evaluate the proposals and present the proposals and its recommendations to the Joint Bond Review Committee. The Joint Bond Review Committee shall evaluate the proposals and the commission's recommendations to determine whether a proposal shall be approved. If the Joint Bond Review Committee determines that a proposal shall be approved, this determination shall be presented at the next meeting of the Budget and Control Board for review and approval. If the Budget and Control Board does not approve a proposal, it shall be returned to the Joint Bond Review Committee for further evaluation and recommendation. The South Carolina Education Television Network must take actions necessary to facilitate the lease of the excess spectrum capacity of the EBS licenses in the manner set forth in an approved proposal and to ensure that ETV complies with any FCC rules or requirements. Revenue received by the State from an approved proposal must be deposited into the State General Fund for recommendation by the Governor and appropriation by the General Assembly.
(3) The commission is exempt from the Consolidated Procurement Code and is authorized to engage legal counsel, consultants, or other experts to assist it in carrying out its powers and duties subject to the approval of the Executive Director of the Budget and Control Board.
The commission shall use clerical and professional employees of the Budget and Control Board. Upon request of the commission, the South Carolina Educational Television Network must make staff available to the commission.
The commission shall terminate six months after all agreements resulting from an approved proposal are finally executed or no later than June 30, 2010. Upon termination of the commission, the Budget and Control Board shall assume responsibility for the management and administration of all agreements resulting from an approved proposal.
The Budget and Control Board is authorized and directed to pay for any expenses of the commission incurred in the performance of its responsibilities, including but not limited to the cost of professional assistance, up to an aggregate amount not to exceed $750,000. The Executive Director of the Budget and Control Board is authorized to expend and use such sources of agency funds as the director determines, including the dormant Funded Debt Sinking Fund. In addition to any other carry forward allowed by law, the Budget and Control Board is specially authorized to carry forward from Fiscal Year 2007-08 into Fiscal Year 2008-09 unspent general fund appropriations in the maximum amount it may be required to expend in support of the commission and its activities. /
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 405, paragraph 21.1 (Recoupment/Restricted Fund), lines 6-11, by striking the paragraph in its entirety and by inserting:
/ 21.1. (DHHS: Recoupment/Restricted Fund) The Department of Health and Human Services shall recoup all refunds and identified program overpayments and all such overpayments shall be recouped in accordance with established collection policy. Further, the Department of Health and Human Services is authorized to maintain a restricted fund, on deposit with the State Treasurer, to be used to pay for liabilities and improvements related to enhancing accountability for future audits. The restricted fund will derive from prior year program refunds. The restricted fund shall not exceed one percent of the total appropriation authorization for the current year. Amounts in excess of one percent will be remitted to the general fund.
There is created in the State Treasury the Medicaid Reserve Fund, which is separate and distinct from the general fund of the State and all other funds. Recouped refunds and identified program overpayments must be credited to the fund. In addition, the fund balance in Subfund 3762 shall be transferred to the newly created Reserve Fund. Any balance in the fund at the end of the prior fiscal year shall be carried forward into the current fiscal year. The Department of Health and Human Services shall also deposit any prior year program refunds or overpayments, excluding pharmacy rebates, into the Medicaid Reserve Fund. The department may use the Reserve Fund to offset operating deficits or audit disallowances from the Medicaid program. At any time, the balance of the Reserve Fund may not exceed fifty million dollars and any excess, up to ten million dollars shall be provided to the Allied Health Initiative, with any remaining excess remitted to the general fund. Withdrawals from the Reserve Fund must be approved by the State Budget and Control Board in advance. /
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 409, paragraph 21.28 (Prevention Partnership Grants), lines 28-31, by striking:
/ Of the these funds, $200,000 shall be allocated to the Eastover Medical Center, $200,000 shall be allocated to the Midlands Community Health Center, $100,000 shall be allocated to Healthy Learners, $50,000 shall be allocated to the South Carolina Chapter of the ALS Association, and $250,000 shall be allocated to the Little River Medical Clinic. /
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 412, paragraph 21.36 (Carry forward Funds-Health Initiatives), line 18, after "$100,000;" by inserting: / and / Amend further, line 20 by striking: / ; and / and inserting: / . /; Amend further, lines 21-22 by striking: / Department of Social Services Safe Homes Rape Crisis $25,000. /
Amend the bill, as and if amended, Part IB, Section 22, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 420, paragraph 22.49 (Laurens County Water and Sewer Commission), lines 32-34, by striking the paragraph in its entirety and by inserting / DELETED /
Amend the bill, as and if amended, Part IB, Section 22, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 420, after line 34, by adding an appropriately numbered paragraph to read:
/ (DHEC: Use of Radiological Fees) For the current fiscal year, the Department of Health and Environmental Control is authorized to retain all funds generated above monies remitted to the general fund in FY 2000-2001 from fees listed in regulation R61-64 Title B (X-Rays). /
Amend the bill, as and if amended, Part IB, Section 22, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 420, after line 34, by adding an appropriately numbered paragraph to read:
/ (DHEC: Pharmacist Permits) For the current fiscal year, provisions requiring that all department facilities distributing or dispensing prescription drugs be permitted by the Board of Pharmacy and that each pharmacy have a pharmacist-in-charge are suspended. Each Department of Health and Environmental Control Health District shall be required to have a permit to distribute or dispense prescription drugs. A department pharmacist may serve as the pharmacist-in-charge without being physically present in the pharmacy. The department is authorized to designate one pharmacist-in-charge to serve more than one health district. Only pharmacists, nurses, or physicians are allowed to dispense the following medications at department facilities: hormonal medications, antibiotics for tuberculosis, and antibiotics for sexually transmitted diseases. In the event of a public health emergency or upon activation of the strategic national stockpile, other medications could be dispensed as necessary./
Amend the bill, as and if amended, Part IB, Section 23, DEPARTMENT OF MENTAL HEALTH, page 421, paragraph 23.3 (Patient Fee Account), lines 16-30, by striking the paragraph in its entirety and by inserting:
/ 23.3. (DMH: Patient Fee Account) Notwithstanding any other provisions of law and in In addition to other payments provided in Part I of this act, the Department of Mental Health is hereby authorized during the current fiscal year, to provide the funds budgeted herein for $6,214,911 for departmental operations, $400,000 for the Continuum of Care, $50,000 for the Alliance for the Mentally Ill, $250,000 for S.C. SHARE Self Help Association Regarding Emotions, $50,000 for Palmetto Pathways, $50,000 for New Day Clubhouse, $15,000 for the Children's Advocacy Center of Spartanburg, and all fees collected at the Campbell Nursing Home and other veterans facilities for day-to-day operations, from the Patient Fee Account which has been previously designated for capital improvements and debt service under provisions of Act 1276 of 1970. The Department of Mental Health is authorized to fund the cost of Medicare Part B premiums from its Patient Fee Account up to $150,000. The South Carolina Alliance for the Mentally Ill, and the South Carolina Self-Help Association Regarding Emotions, Palmetto Pathways, New Day Clubhouse, and the Children's Advocacy Center of Spartanburg shall provide an itemized budget before the receipt of funds and quarterly financial statements to the Department of Mental Health. DMH is authorized to use unobligated Patient Paying Fee Account funds for community transition programs. The funds made available shall be utilized consistently with the Transition Leadership Council's definition of severely mentally ill children and adults. The department shall report their use of these funds to the Senate Finance Committee and the House Ways and Means Committee. This amendment is made notwithstanding other obligations currently set forth in this proviso. /
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION AND TOURISM, page 438, paragraph 39.1 (Canadian Day), lines 34-35 and page 439, lines 1-2, by striking the paragraph in its entirety.
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION AND TOURISM, page 441, paragraph 39.10 (Tourism Product Development Carry Forward), lines 1-4, by striking the paragraph in its entirety and by inserting / DELETED /
Amend the bill, as and if amended, Part IB, Section 40, DEPARTMENT OF COMMERCE, page 443, paragraph 40.16 (SC World Trade Center), lines 34-35, by striking the paragraph in its entirety.
Amend the bill, as and if amended, Part IB, Section 40, DEPARTMENT OF COMMERCE, page 444, paragraph 40.26 (World Trade Center), lines 28-29, by striking the paragraph in its entirety.
Amend the bill, as and if amended, Part IB, Section 40, DEPARTMENT OF COMMERCE, page 446, paragraph 40.39 (SC Rural Infrastructure Authority), lines 25-27, by striking the paragraph in its entirety and by inserting / DELETED /
Amend the bill, as and if amended, Part IB, Section 40, DEPARTMENT OF COMMERCE, page 446, paragraph 40.40 (Spartanburg Entrepreneurial Success program), lines 28-30, by striking the paragraph in its entirety and by inserting / DELETED /
Amend the bill, as and if amended, Part IB, Section 40, DEPARTMENT OF COMMERCE, page 446, paragraph 40.42 (SC Community Enterprise Center), lines 34-36, by striking the paragraph in its entirety and by inserting / DELETED /
Amend the bill, as and if amended, Part IB, Section 44, JUDICIAL DEPARTMENT, page 448, paragraph 44.17 (Fathers and Families Initiative), lines 35-36 and page 449, lines 1-11, by striking the paragraph in its entirety.
Amend the bill, as and if amended, Part IB, Section 47, COMMISSION ON INDIGENT DEFENSE, page 455, paragraph 47.11 (Assessments Increase), lines 18-19, by striking: / , of which $106,000 must be allocated to the Anderson County Upstate Youth Camp /.
Amend the bill, as and if amended, Part IB, Section 53, DEPARTMENT OF JUVENILE JUSTICE, page 471, paragraph 53.20 (ACES), lines 28-31, by striking the paragraph in its entirety.
Amend the bill, as and if amended, Part IB, Section 75, COMPTROLLER GENERAL'S OFFICE, page 493, paragraph 75.5 (Unemployment Compensation Fund Administration), line 34, by striking / two / and inserting / one /
Amend the bill, as and if amended, Part IB, Section 75, COMPTROLLER GENERAL'S OFFICE, page 494, after line 24, by adding an appropriately numbered paragraph to read:
/ (CG: Transaction Register) The Comptroller General shall make available for use by each county government, municipal government, special purpose district, and all state agencies a transaction register which includes a complete record of all checks written for one hundred dollars or more from whatever source for whatever purpose and all credit card expenditures, including expenditures on credit cards issued to state and local officers or employees for official use. The register must be prominently posted on the Comptroller General's Internet website and made available for public viewing and downloading. The register must not include an entry for salary, wages, or other compensation paid to individual employees. The register must be accompanied by a complete explanation of any codes or acronyms used to identify a payee or expenditure. The register must be searchable and updated at least once a month. Each monthly register must be maintained on the Internet website for one year. If an entity provides the Comptroller General with information it must be in a mutually agreed upon format. The Comptroller General shall utilize existing appropriations to comply with this provision. /
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 506, paragraph 80A.31 (Competitive Grants), lines 23-24, by striking: / Of the funds appropriated to the Budget and Control Board, $3,000,000 must be set aside for a competitive grants program. /; Amend further, line 24, by striking / These Funds / and by inserting / Funds appropriated to the board for Competitive Grants /
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 510, paragraph 80A.47 (FY 08-09 Employee Compensation), lines 11-36, and page 511, lines 1-8, by striking the paragraph in its entirety and by inserting:
/ 80A.47. (BCB: FY 07-08 08-09 Employee Compensation) The amounts appropriated to the Budget and Control Board for Employee Pay Increases must be allocated by the Board to the various state agencies to provide for employee pay increases in accordance with the following plan:
1. With respect to classified and non-judge judicial classified employees, effective on the first pay date that occurs on or after July 1 of the current fiscal year, the compensation of all classified employees shall be increased by 3% 1%.
2. With respect to unclassified and non-judge judicial unclassified employees or unclassified executive compensation system employees not elsewhere covered in this act, effective on the first pay date that occurs on or after July 1 of the current fiscal year each agency is authorized to allot the total funds for compensation increases among individual employees without uniformity. The funds provided for compensation increases for any employees subject to the provisions of this paragraph are based on an average 3% 1% increase. All of the salaries are subject to the provisions of Section 89.18 of Part IB of this act and Office of Human Resources approval must be obtained before any employees subject to the provisions of this paragraph may be granted an annual pay increase in excess of the guidelines established by the Budget and Control Board. Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs 1, 3, 4, 5, 6, or 7.
3. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission shall recommend to the Budget and Control Board salary increases for agency heads the General Assembly authorizes salary increases for agency heads and technical or community college presidents to be provided by the respective employing authority for the agency head or technical or community college president only as recommended by the Agency Head Salary Commission. Agency head increases shall be effective on the first pay date that occurs on or after January 1 of the current fiscal year. No agency head shall be paid less than the minimum of the pay increase range nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay range. Funding must be provided for an amount equivalent to the pay increase for all classified employees. Any additional funding required shall be funded from the individual agency or technical or community college budget. The salary increases recommended by the Agency Head Salary Commission to the Budget and Control Board on December 11, 2007 shall be implemented on July 1, 2008, and are not subject to any further approval.
4. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, agency heads not covered by the Agency Head Salary Commission, shall receive an annualized base pay increase of 3% 1%.
5. With respect to local health care providers compensation increases shall be 3% 1% effective on the first pay date that occurs on or after July 1 of the current fiscal year. With respect to Area Agencies on Aging funded by the Lieutenant Governor's Office on Aging, compensation shall be increased by 3% 1% effective on the first pay date that occurs on or after July 1 of the current fiscal year. With respect to local councils on aging or local providers of services funded by the Lieutenant Governor's Office on Aging through Area Agencies on Aging, no pay increases will be allowed. School Bus Driver salary and fringe funding to school districts shall be increased by 3% 1%.
6. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, the Chief Justice and other judicial officers shall receive an annualized base pay increase of 3% 1%.
7. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, county auditors and county treasurers shall receive an annualized base pay increase of 3% 1%.
The Budget and Control Board shall allocate associated compensation increases for retirement employer contributions based on the retirement rate of the retirement system in which individual employees participate.
The Executive Director of the Budget and Control Board is authorized to use excess appropriations for the current fiscal year, as determined by the Director of the Office of State Budget, designated for statewide employer contributions for other statewide purposes. At the discretion of the Executive Director of the Budget and Control Board, such action may be considered a permanent transfer into the receiving agency's base budget.
Funds appropriated in Part IA, F30, Section 80C, Budget and Control Board, Employee Benefits may be carried forward from the prior fiscal year into the current fiscal year. /
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 512, paragraph 80A.55 (Sale of Surplus Real Property), lines 1-29, by striking the paragraph in its entirety and by inserting:
/ 80A.55. (BCB: Sale of Surplus Real Property) Up to 50% of the proceeds, net of selling expenses, from the sale of surplus real properties shall be retained by the Budget and Control Board and used for the deferred maintenance of state-owned buildings. The remaining 50% of the net proceeds shall be returned to the agency that the property is owned by, under the control of, or assigned to and shall be used by that agency for non-recurring purposes. This provision applies to all state agencies and departments except: institutions of higher learning; the Public Service Authority; the Ports Authority; the MUSC Hospital Authority; the Myrtle Beach Air Force Redevelopment Authority; the Department of Transportation; the Columbia State Farmers Market; the Department of Agriculture's Columbia Metrology Lab building and property; the Charleston Naval Complex Redevelopment Authority; the Department of Commerce's Division of Public Railways; the Midlands Technical College Enterprise Campus Authority; the Trident Technical College Enterprise Campus Authority; the Area Commission of Tri-County Technical College, the Commissioners residence at the Department of Corrections and the Educational Television Commission's Key Road property.
The Educational Television Commission shall be authorized to retain the net proceeds from the sale of its property on Key Road, and such proceeds shall only be used for the renovation of the ETV Telecommunications Center. If it is determined that sufficient net proceeds are not to be derived from the sale of its property on Key Road to cover the cost of all renovations of the Telecommunications Center, the property on Key Road shall not be sold. Any proposed sale hereunder shall, prior to said sale, be submitted to the Budget and Control Board for approval as being in compliance with the requirements of this subsection.
The Department of Corrections shall be authorized to retain the net proceeds from the sale of the residence provided for the Commissioner of the Department of Corrections and use such proceeds for deferred maintenance needs at the Department of Corrections.
The Forestry Commission shall be authorized to retain the net proceeds from the sale of a tract of land containing a total of ten acres or less in Horry County. Receipts generated by the sale of this tract shall be utilized for the agency's capital improvement and/or facility maintenance program. The commission may sell this tract of land at or above fair market value as determined by independent appraisal.
The Department of Agriculture, the Educational Television Commission, the Department of Corrections, and the Forestry Commission shall annually submit a report, within sixty days after the close of the fiscal year, to the Senate Finance Committee and the House Ways and Means Committee on the status of the sale of the identified property and a detailed accounting on the expenditure of funds resulting from such sale.
This provision is comprehensive and supersedes any conflicting provisions concerning disposition of state owned real property whether in permanent law, temporary law or by provision elsewhere in this act.
Any unused portion of these funds may be carried forward into succeeding fiscal years and used for the same purposes. /
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 513, paragraph 80A.61 (SC Rural Infrastructure Authority), lines 14-15, by striking the paragraph in its entirety and by inserting / DELETED /
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 513, after line 15, by adding an appropriately numbered paragraph to read:
/ 80A.63. (BCB: Payment of Layman Judgment) The Insurance Reserve Fund is authorized to expend funds necessary to resolve the outstanding fee award judgment entered by the Supreme Court against the defendants in Layman, et al. vs. The State of South Carolina, et al. Any funds expended by the Insurance Reserve Fund to resolve this fee award judgment will be reimbursed as well as any lost investment earnings as calculated by the State Treasurer.
The State Comptroller General is authorized and directed to reimburse the Insurance Reserve Fund for any funds it expends and lost earnings to resolve the fee award judgment entered by the State Supreme Court in Layman, et al. vs. The State of South Carolina, et al. The source of funds the Comptroller General shall use for reimbursement are state funds lapsed or remitted to the general fund at the end of Fiscal Year 2007-08. Reimbursement of the Insurance Reserve Fund is the first priority for such lapsed and remitted funds regardless of any provisions of law to the contrary including provisions of this act for Fiscal Year 2008-09. To the extent that this identified fund source is inadequate to reimburse the Insurance Reserve Fund, the Comptroller is directed to reduce the percent of agency appropriations that may be carried forward under the authority of Part IB, General Provisions, proviso 89.29 that allows agencies to carry forward up to ten percent of their general funds. /
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 530, paragraph 89.29 (Carry Forward), lines 30-31, by striking / surplus/deficit must be considered after all appropriations from the Capital Reserve Fund have been allowed / and by inserting: / deficit shall be determined after first applying the Capital Reserve Fund provisions in Section 11-11-320(D) of the 1976 Code, /
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 545, paragraph 89.107 (Alternative Homestead Exemption Trust Fund Payment), lines 32-36, and page 546, lines 1-11, by striking the proviso in its entirety.
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 546, after line 25, by adding an appropriately numbered paragraph to read:
/ (GP: Governor's Security Detail) The State Law Enforcement Division, the Department of Public Safety, and the Department of Natural Resources shall provide a security detail to the Governor in a manner agreed to by the State Law Enforcement Division, the Department of Public Safety, the Department of Natural Resources, and the Governor's Office. Reimbursement to the State Law Enforcement Division, the Department of Public Safety, and the Department of Natural Resources to offset the cost of the security detail for the Governor shall be made in an amount agreed to by the State Law Enforcement Division, the Department of Public Safety, the Department of Natural Resources, and the Governor's Office from funds appropriated to the Governor's Office for this purpose. /
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 546, after line 25, by adding an appropriately numbered paragraph to read:
/ (GP: Removal of Notwithstanding) The Code Commissioner is directed to remove the term "notwithstanding any other provision of law" from any paragraph contained in Part IB of this act and re-punctuate the paragraph to read appropriately. /
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 546, after line 25, by adding an appropriately numbered paragraph to read:
/ (GP: Income Tax Reduction for Married Individuals) (A) For taxable years beginning after 2006, the rate of tax imposed pursuant to Section 12-6-510(A) of the 1976 Code on the lowest bracket of South Carolina taxable income is reduced from 2.5 percent to zero percent, and the Department of Revenue shall adjust amounts due in tax tables prescribed by the department.
(B) (1) Notwithstanding the provisions of subparagraph (A) of this paragraph, the rate of tax imposed pursuant to Section 12-6-510(A) of the 1976 Code on the current three percent bracket of married individuals filing a joint South Carolina income tax return is reduced according to the following schedule:
Taxable Year Applicable Rate
2008 2.9 percent
2009 2.7 percent
2010 2.4 percent
after 2010 2 percent.
(2) For purposes of this subparagraph, a married taxpayer is a taxpayer who:
(a) files a joint federal income tax return for the applicable taxable year; and
(b) is married in a lawful domestic union as provided pursuant to Section 15, Article XVII of the Constitution of this State.
(3) The Department of Revenue, in conformity with this subparagraph, shall adjust amounts due in tax tables prescribed by the department. /
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 546, after line 25, by adding an appropriately numbered paragraph to read:
/ (GP: Sales Tax Revenue for Highways - Toll Roads) A. The General Assembly finds that:
(1) before a motor vehicle may be licensed and registered by the Department of Motor Vehicles for the privilege of using the public highways of this State, that department either collects or confirms the collection of any applicable sales, use, and casual excise taxes due on the vehicle;
(2) without the required registration and licensing it is unlawful for a motor vehicle to use the public highways of this State; and
(3) the revenue of the sales, use, and casual excise tax required to be paid before a motor vehicle may be registered and licensed in this State is included within the "sources of revenue" that may be pledged to secure highway bonds pursuant to Section 13(6)(a), Article X of the Constitution of this State.
B. (1) Notwithstanding the provisions of Section 59-21-1010 of the 1976 Code, an amount as provided in subsubparagraph (3) of this subparagraph of sales, use, and casual excise tax revenues derived from the sale, use, or titling of a vehicle required to be licensed and registered by the Department of Motor Vehicles, otherwise required to be credited as provided pursuant to Section 59-21-1010 of the 1976 Code, instead must be credited to the State Non-Federal Aid Highway Fund established pursuant to Section 57-11-20 of the 1976 Code. Revenues credited to the State Non-Federal Aid Highway Fund pursuant to this subparagraph must be used exclusively for highway, road, and bridge maintenance.
(2) In Fiscal Year 2008-09, an amount equal to one million dollars of the revenues specified in item (1) of this subparagraph must be credited to the State Non-Federal Aid Highway Fund. In each succeeding fiscal year, an additional thirty million dollars must be added to the cumulative total amount credited as provided pursuant to this item in the preceding fiscal year, until and after which all of the specified revenues must be so credited. For fiscal years beginning after June 30, 2009, an amount equal to ten percent of the revenue credited pursuant to this item in a fiscal year must be credited and apportioned as 'C' funds are credited and apportioned pursuant to Section 12-28-2740. All of the additional 'C' fund revenues apportioned pursuant to this item must be expended solely for rural road maintenance and construction and this additional allocation is not subject to the requirement for twenty-five percent of 'C' funds to be expended on the state highway system as provided pursuant to Section 12-28-2740(C) of the 1976 Code. The balance of the revenue credited in a fiscal year pursuant to this item must be credited to the State Non-Federal Aid Highway Fund.
(3) There is transferred from income tax revenues credited to the general fund of the State in each fiscal year to the Education Improvement Fund an amount sufficient to offset sales tax revenues not credited to the EIA fund as a result of the reduction of sales tax revenues provided pursuant to this subparagraph.
(4) In Fiscal Year 2008-09, there must be transferred from nonstate tax revenues in the State Highway Fund to the State Highway Account of the South Carolina Transportation Infrastructure Bank an amount equal to one million dollars. In each succeeding fiscal year, one-half of the amount required to be transferred to the State Non-Federal Aid Highway Fund pursuant to item (2) of this subparagraph in each fiscal year must be similarly transferred.
C. (A) The department shall review projects for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330 of the 1976 Code. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department. The funds derived from tolls must be:
(1) credited to the State Highway Fund or retained and applied by the entity or entities developing the toll road pursuant to an agreement authorized under subparagraph D for the purpose of funding:
(a) the cost of construction, financing, operation, and maintenance of the toll project; or
(b) in the case of any Qualified Toll Project, the cost of acquisition, construction, equipping, improvement, financing, refinancing, operation, and maintenance of the toll project; or
(2) used to service bonded indebtedness for highway transportation purposes incurred pursuant to Paragraph 9, Section 13, Article X of the South Carolina Constitution.
(B) Upon repayment of the cost of construction and financing, toll charges shall cease, and in addition, in the case of any Qualified Toll Project upon the repayment of the cost of acquisition, construction, equipping, improvement, financing, refinancing, operation, maintenance, and satisfaction of the obligations of the department under any agreement authorized under subparagraph D, toll charges shall cease.
(C) For purposes of this subparagraph and subparagraph D, a 'Qualified Toll Project' is a toll project on which tolls were being collected prior to January 1, 2008.
D. (A) From the funds appropriated to the Department of Transportation and from any other sources which may be available to the department, the Department of Transportation may expend such funds as it deems necessary to enter into agreements with political subdivisions including authorized transportation authorities, or private entities to finance, by tolls and other financing methods:
(1) the cost of acquiring, constructing, equipping, maintaining, and operating highways, roads, streets, and bridges in this State;
(2) in the case of any Qualified Toll Project (as defined in Section 12-28-2920 of the 1976 Code), the cost of acquiring, constructing, equipping, improving, maintaining, financing, refinancing, and operating highways, roads, streets, and bridges in this State, or
(3) the department shall establish the initial toll to be charged to the traveling public for the use of the transportation facility and any revisions to those tolls after providing public notice and a hearing.
(B) The provisions of this subparagraph must not be construed to confer upon the Department of Transportation or political subdivisions any power to finance by tolls or other means the acquisition, construction, equipping, maintenance or operation which the Department of Transportation or political subdivisions does not possess under other provisions of law.
E. The Department of Transportation shall conduct a feasibility study regarding the Cross Island Parkway on US Highway 278 in Beaufort County on the question of whether or not the toll booths thereon should be automated in order to lower the toll charge. This feasibility study shall be completed no later than January 1, 2009, and the department's reports and recommendations shall be provided to the Governor and to the presiding officer of each house of the General Assembly. /
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 548, paragraph 90.4 (Titling of Real Property), line 20, after "Transportation;" by inserting: / the Midlands Technical College Enterprise Campus Authority, the Trident Technical College Enterprise Campus Authority; the Area Commission of Tri-County Technical College; /
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 548, paragraph 90.5 (Tobacco Settlement), line 28, by striking:
/ $10,000,000 / and by reinserting: / $10,500,000 /; Amend Further, line 30, by striking: / $10,000,000 / and by inserting: / $10,500,000 /
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 549, paragraph 90.6 (Contingency Reserve Fund), lines 12-26, by striking the lines in their entirety and by inserting:
/ (2) After the appropriation of any amounts required pursuant to item (1) of this subsection and upon the close of the books for Fiscal Year 2006-07, the first $50,000,000 shall be deposited into an account and utilized to address other post employment benefits.
(3) (2) After the appropriation of amounts required pursuant to items item (1) and (2) of this subsection, any remaining balance may be appropriated for or used to offset revenue reductions for: by the General Assembly as it deems appropriate.
(a) infrastructure improvements; and for purposes of this item, infrastructure includes, but is not limited to, fixed transportation facilities, to include highway, rail, water, and air, and the basic facilities, services, and installations needed for the functioning of government, to include water, sewer, and public sector communications;
(b) school buildings;
(c) school buses; and
(d) expenses incurred by this State as a result of natural or other disasters declared by the President of the United States. Should the General Assembly not be in session during a declared disaster, the Budget and Control Board may, by unanimous approval of its members, utilize the Contingency Reserve Fund to underwrite state government costs directly associated with the disaster. Eligible costs include those costs associated with public safety personnel and equipment as well as funding match requirements with the Federal Emergency Management Agency. /
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 563, paragraph 90.12 (Health and Human Services Funding), lines 33-35, page 564, lines 1-36, and page 565, lines 1-16 by striking the paragraph in its entirety and by inserting:
/ 90.12. (SR: Health and Human Services Funding) The source of funds appropriated in this provision is $109,487,499 of Department of Health and Human Services general fund appropriations, carry forward funds and earmarked and restricted special revenue fund accounts.
Of these funds, the department is directed to disburse the following Department of Health and Human Services appropriations for the purposes stated:
A. Medicaid Maintenance of Effort $ 29,000,000;
B. Institutes for Mental Disease Transition $ 13,000,000;
C. 300 Slots for Community Choices Waiver $ 1,250,000;
D. Personal Care III & Attendant II Rate Increases $ 500,000;
E. Rural Hospital Grants $ 3,000,000;
F. Loris Hospital $ 1,000,000;
G. Federally Qualified Community Health Centers $ 700,000;
H. MUSC Disproportionate Share $ 11,000,000; and
I. Allied Health Initiative $ 6,000,000.
The $11,000,000 appropriated for Disproportionate Share directed to the Department of Health and Human Services on behalf of the Medical University of South Carolina Hospital Authority under Title 59, Section 59-123-60(I) shall be transferred to the Medical University Hospital Authority within the first quarter of the state fiscal year. Of these funds 250,000 shall be provided to the USC Medical School for cancer screening and prevention. The remaining funds shall initially be used as match funds for the hospital's disproportionate share and other Medicaid reimbursement programs as prescribed under paragraph (I).
Of these funds the department is further directed to transfer the following amounts to the specified agencies for the purposes stated:
A. Department of Health and Environmental Control
1) Coastal Permitting $ 665,000;
2) AIDS Drug Assistance Program $ 2,400,000;
3) SUPERB Fund $ 2,000,000;
4) Best Chance Network $ 2,000,000;
5) Colorectal Cancer Screening $ 750,000;
B. Department of Mental Health
Maintenance of Effort-Base Program/Service
Maintenance $ 5,358,317;
C. Department of Disabilities and Special Needs
1) Rehabilitation Services $ 2,253,000;
2) Pervasive Developmental Disorder Waiver $ 4,500,000;
3) Community Support $ 3,000,000;
4) Greenwood Genetics Center $ 3,500,000;
D. Vocational Rehabilitation
1) Gaffney VR Re-Roofing $ 300,000;
2) Anderson VR Re-Roofing $ 350,000;
3) Oconee VR Center Parking Lot $ 100,000;
4) Transportation Services $ 250,000;
E. Department of Alcohol and Other Drug
Abuse Services
1) Alcohol Enforcement Teams $ 500,000;
2) Adolescent Prevention & Treatment
Aid to Entities $ 1,600,000;
F. Department of Social Services
1) Medicaid Staffing Replacement Funds $ 801,708;
2) Child Support Enforcement System Development $ 9,000,000;
3) Annualization of Recurring Services
a)Adoption Subsidy $ 2,000,000;
b) Child Care Vouchers $ 2,609,474; and
4) Seahaven $ 100,000. /
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 565, paragraph 90.13 (Nonrecurring Revenue), lines 17-36, page 566, lines 1-36, page 567, lines 1-36, and page 568, lines 1-22, by striking the paragraph in its entirety and by inserting:
/ 90.13. (SR: Nonrecurring Revenue) (A) The source of revenue appropriated in this provision is $59,772,811 of non-recurring revenue generated from the following sources, transferred to the State Treasurer, and subsequently deposited in a fund separate and distinct from the General Fund as established within the State Treasurer's Office: (1) the State Treasurer shall transfer $12,108,453 of the excess cash balance from E16, State Treasurer's Office, Subfund 3879, Unclaimed Property; (2) the Budget and Control Board shall transfer the $5,986,280 excess balance from F30, B&C-Employee Benefits; (3) the Department of Agriculture shall transfer $14,424,482 of the funds appropriated by Act 122 of 2007 for the Farmers Market and carried forward from the prior fiscal year; (4) the Department of Health and Environmental Control shall transfer $5,000,000 of the funds appropriated and/or authorized for Competitive Grants and carried forward from the prior fiscal year; (5) the Department of Parks, Recreation, and Tourism shall transfer $5,000,000 of the funds appropriated and/or authorized for Competitive Grants and carried forward from the prior fiscal year; and (6) excluding the revenues distributed to Barnwell County and South Carolina waste generators, the State Treasurer shall transfer the first $17,253,596 of the FY 2007-08 revenue credited to the Nuclear Waste Disposal Receipts Distribution Fund from the Barnwell Low Level Waste Facility for use in this provision and all revenues in excess of $17,253,596 must be credited to an escrow account created within the Budget and Control Board. The escrow account must be used to offset any operating shortfalls resulting from the facility's operations.
(B) The State Treasurer shall disburse the following appropriations for the purposes stated:
(1) H63-Department of Education
(A) Public School Child Development Education
Pilot Program $ 15,774,750;
(B) School Bus Operations 3,803,871;
(C) Assessments 1,000,000;
(D) Textbooks 3,331,413;
(E) Summer Schools 12,000,000;
(F) Teacher Supplies to $275 807,094;
(2) H67-Educational Television Commission
Educational Satellite Services 800,000;
(3) H03-Commission on Higher Education
University Center of Greenville 1,112,229;
(4) H12-Clemson University
LightRail 700,000;
(5) H27-University of South Carolina - Columbia
LightRail 700,000;
(6) H51-Medical University of South Carolina
LightRail 700,000;
(7) H59-State Board for Technical and Comprehensive
Education
Center for Accelerated Technology 3,000,000;
(8) P21-South Carolina State University - PSA
1890 Research and Extension 646,399;
(9) E20-Attorney General's Office
State of SC v State of NC - Water Transfer 1,400,000;
(10 ) N12-Department of Juvenile Justice
(A) Admission Center Overflow 20,330;
(B) Intensive Probation & Parole Supervision 25,616;
(11) U12-Department of Transportation
Mass Transit 643,334;
(12) E04-Lieutenant Governor's Office
Home and Community Based Services 2,900,000;
(13 ) E28-Election Commission
General Election 2008 357,775;
(14) F03-Budget and Control Board
SC Enterprise Information System Project
(SCEIS) 2,000,000;
(15) P28-Department of Parks, Recreation and Tourism
(A) Advertising and Marketing 2,000,000;
(B) Destination Specific Grants 5,000,000;
(C) Regional Tourism Districts 550,000;
(16) P20-Clemson University-PSA
Operating Expenses 500,000; and
Total Appropriations $ 59,772,811.
Unexpended funds appropriated pursuant to this provision may be carried forward to succeeding fiscal years and expended for the same purposes. /
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 568, after line 25, by adding an appropriately numbered paragraph to read:
/ (SR: Unemployment Compensation Excess Cash Balance) The Comptroller General shall transfer $30,400,000 to the State General Fund by September 1, 2008, from the excess cash balance from E12, Comptroller General's Office, Subfund 4007, Unemployment Compensation Fund and the State Treasurer shall transfer $2,891,547 of the excess cash balance from E16, State Treasurer's Office, Subfund 3879, Unclaimed Property to be used as a source to support appropriations. These transfers are deemed to have occurred and are available for use in Fiscal year 2008-09 after September 1, 2008, following the Comptroller General's close of the state's books on Fiscal Year 2007-08. /
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 568, after line 25, by adding an appropriately numbered paragraph to read:
/ (GP: Spending Limit for Fiscal Year 2009-10) (A)(1) In addition to all other applicable constitutional and statutory limitations on general fund appropriations, notwithstanding any other provisions of law, and only to the extent that the limit on general fund appropriations for a fiscal year imposed by this subparagraph is less than the annual limit imposed pursuant to Section 7(c) of the Constitution of this State and Section 11-11-410, total general fund appropriations for Fiscal Year 2009-10 may not exceed the lesser of:
(a) one hundred six percent of the adjusted base-year estimate; or
(b) the adjusted base-year estimate increased by a percentage equal to the state's growth in population applied ratably over the period of the decennial United States census assuming a rate of increase equal to the rate in the most recently completed United States census for which population figures are available over the next preceding census and a percentage equal to the increase, if any, in the consumer price index in the most recently ended federal fiscal year, as determined by the Bureau of Labor Statistics of the United States Department of Labor.
(2) As used in this subparagraph, the 'adjusted base-year estimate' is the general fund revenue estimate made by the Board of Economic Advisors on February 15, 2008, for Fiscal Year 2008-09, including both recurring and nonrecurring revenues from whatever source derived as adjusted annually and cumulatively as provided in item (1) of this subparagraph.
(3) The Office of Research and Statistics of the State Budget and Control Board, upon approval by the State Economist and in consultation with the director of the board's Office of State Budget, shall calculate and provide the appropriate percentages for population and consumer price index growth to the Ways and Means Committee of the House of Representatives and the Senate Finance Committee no later than November tenth.
(4) Before the Governor may submit the proposed budget for this fiscal year, the proposal must include the certificate of the Director of the Office of State Budget that the proposed budget conforms to the limitation imposed by this subparagraph. The annual general appropriations bill may not be given third reading in the House of Representatives and Senate unless a similar certificate is received by the presiding officer in each house from the Director of the Office of State Budget before the bill is given third reading.
(B) (1) Notwithstanding the provisions of subparagraph (A) of this paragraph, the General Assembly may declare a financial emergency and suspend the spending limitation imposed pursuant to subparagraph (A) for the fiscal year for a specific amount by a special vote as provided in this item by enactment of legislation which relates only to that matter. The state general fund appropriations for the fiscal year following the suspension must be determined as if the suspension had not occurred and, for purposes of determining subsequent limits, must be presumed to have been the maximum limit which could have been authorized if the limitation imposed pursuant to subparagraph (A) had not been suspended.
(2) The special vote referred to in this item means an affirmative recorded roll-call vote in each branch of the General Assembly by two-thirds of the members present and voting but not less than three-fifths of the total membership in each branch.
(C) (1) There is created in the State Treasury a fund separate and distinct from the general fund of the State, the Capital Reserve Fund, and all other funds entitled the Spending Limit Reserve Fund. Notwithstanding any other provision of law providing for the use of surplus general fund revenue, all general fund revenues accumulated in Fiscal Year 2009-10 in excess of the limit on appropriations provided pursuant to subparagraph (A) of this paragraph must be credited to this fund. Revenues credited to this fund in a fiscal year may be appropriated by the General Assembly in its regular session in the year following the close of the applicable fiscal year. Revenues in this fund may be appropriated only for the purposes provided in item (2) of this subparagraph.
(2) (a) If the balance in the general reserve fund established pursuant to Article III, Section 36 of the Constitution of this State and Section 11-11-310 is less than the required balance, there must be appropriated to it all amounts in the Spending Limit Reserve Fund up to the total necessary to replenish the general reserve fund. This amount does not replace or supplant the minimum replenishment amount otherwise required to be made to the general reserve fund. To the extent these concurrent replenishments of the general reserve fund exceed the amount necessary for its full funding, the general reserve fund as provided in Article III, Section 36 of the Constitution of this State, that fund is deemed to require an annual minimum balance equal to this increased amount not to exceed a total from all sources of a balance equal to four percent of general fund revenue in the latest completed fiscal year. The additional balance in the general reserve fund provided pursuant to this paragraph is for all purposes and uses a part of the general reserve fund.
(b) After the appropriation of amounts required pursuant to subitem (a) of this item, any remaining balance may be appropriated for or used to offset revenue reductions for:
(i) temporary tax reductions;
(ii) infrastructure improvements; and for purposes of this item, infrastructure includes, but is not limited to, fixed transportation facilities, to include highway, rail, water, and air, and the basic facilities, services, and installations needed for the functioning of government, to include water, sewer, and public sector communications;
(iii) school buildings;
(iv) school buses; and
(v) expenses incurred by this State as a result of natural or other disasters declared by the President of the United States.
(c) The total state share of a capital project funding for which is derived in whole or in part from the Spending Limit Reserve Fund, must be appropriated from the Spending Limit Reserve Fund in one installment.
(d) Appropriations from the Spending Limit Reserve Fund must be made by means of a joint resolution originating in the House of Representatives. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COOPER explained the amendment.
Rep. OTT spoke upon the amendment.
Rep. OTT spoke upon the amendment.
Rep. COBB-HUNTER spoke upon the amendment.
Rep. COBB-HUNTER spoke upon the amendment.
The question then recurred to the adoption of the amendment.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bannister Barfield Battle Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Cotty Crawford Daning Dantzler Davenport Delleney Edge Erickson Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hiott Huggins Hutson Kelly Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Mulvaney Neilson Owens Perry Pinson E. H. Pitts Rice Sandifer Shoopman Simrill Skelton F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Toole Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Alexander Anderson Anthony Bales Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Duncan Funderburk Hart Harvin Hayes Hodges Hosey Howard Jefferson Jennings Kennedy Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Ott Parks Phillips M. A. Pitts Rutherford Scarborough Sellers Thompson Umphlett Weeks Whipper Williams
So, the amendment was adopted.
I was temporarily out of the Chamber during the vote on Amendment No. 6A, as I had to attend a funeral. If I had been present, I would have voted against the Amendment's passage.
Rep. John Scott
Reps. OTT, COBB-HUNTER and MCLEOD proposed the following Amendment No. 10A (Doc Name h:\legwork\house\amend\h-wm\001\hou2 misc 90.13 4.2m.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, by amending amendment 6A Sub, doc no. h-wm\001\hou2 base amend4.doc, page 40, paragraph 90.13, by striking /$59,772,811/ and inserting /$64,470,431/ and by amending further, by striking /$12,108,453/ and inserting /$15,000,000/.
Amend the amendment further, page 41, paragraph 90.13, line 4 on page 41, before (6) by inserting a new (6) and renumbering existing (6) to (7), which was tabled: /(6) The Comptroller General shall transfer $1,806,547 from the excess cash balance from E12, Comptroller General's Office, Subfund 4007, Unemployment Compensation Fund;/
Amend the amendment further, page 41, paragraph 90.13, (1) H63-Department of Education opposite (A) Public School Child Development Education Pilot Program by striking: /15,774,250/ and by inserting /17,046,121/
Amend the amendment further, page 42, paragraph 90.13, after item (16) by adding appropriately numbers items to read:
/( ) H63-Department of Education
Bus Driver Salaries 26,249;
( ) F03-Budget and Control Board
Rural Infrastructure Bank 1,000,000;
( ) H63-Department of Education
Boys and Girls Club 1,000,000;
( ) H24-South Carolina State University
Deferred Maintenance 1,000,000;
( ) H53-Area health Education Consortium
Health Careers Program 400,000;
Amend the amendment further, page 42, by amending the new (SR: Unemployment compensation Excess Cash Balance) paragraph, by striking /$30,400,000/ and inserting /$28,593,453/ and amending further by striking: /and the State Treasurer shall transfer $2,891,547 of the excess cash balance from E16, State Treasurer's Office, Subfund 3879, Unclaimed Property/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. OTT explained the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. MACK spoke in favor of the amendment.
Rep. CLYBURN spoke in favor of the amendment.
Rep. CLYBURN spoke in favor of the amendment.
Rep. MERRILL 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:
Bannister Barfield Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hiott Huggins Hutson Kelly Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Merrill Mulvaney Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Whitmire Young
Those who voted in the negative are:
Alexander Allen Anderson Anthony Bales Battle Branham Brantley G. Brown R. Brown Clyburn Cobb-Hunter Coleman Funderburk Govan Hart Harvin Hayes Hodges Hosey Jefferson Jennings Kennedy Knight Lowe McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Parks Phillips Rutherford Scott Sellers F. N. Smith Stavrinakis Weeks Whipper Williams
So, the amendment was tabled.
The SPEAKER granted Rep. SHOOPMAN a leave of absence for the remainder of the day.
Rep. OTT proposed the following Amendment No. 11A (Doc Name h:\legwork\house\amend\h-wm\001\hou2 endow 5k 10m.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 2, LOTTERY EXPENDITURE ACCOUNT, by amending amendment 6A Sub, doc no. h-wm\001\hou2 base amend4.doc, page 24, by striking /$20,000,000/ and inserting /$10,000,000/.
Amend the amendment further, paragraph 2.7, reference to page 393, line 8, by striking /$37,614,527/ and inserting /$47,614,527/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. MERRILL explained the amendment.
The amendment was then adopted.
Rep. MERRILL moved cloture on the entire matter.
Rep. MERRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bannister Barfield Battle Bingham Bowen Brady Cato Chalk Clemmons Coleman Cooper Cotty Crawford Daning Dantzler Delleney Duncan Edge Erickson Frye Gambrell Gullick Hagood Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hiott Huggins Hutson Kelly Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Sandifer Scarborough Simrill Skelton G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stewart Talley Taylor Toole Umphlett Walker White Whitmire Young
Those who voted in the negative are:
Alexander Allen Anderson Anthony Bales Bedingfield Branham Brantley R. Brown Clyburn Cobb-Hunter Davenport Funderburk Govan Haley Hart Harvin Hayes Hodges Hosey Jefferson Jennings Kennedy Kirsh Knight McLeod Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Parks Rutherford Scott Sellers F. N. Smith Stavrinakis Thompson Weeks Whipper Williams
So, cloture was ordered.
Rep. COBB-HUNTER proposed the following Amendment No. 12A (Doc Name h:\legwork\house\amend\council\ms\7645ahb08.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, by adding the following paragraph to read:
/ 39.10. (PRT: Tourism Product Development Carry Forward) Of the funds appropriated to the department in the prior fiscal year for Tourism Product Development and carried forward into the current fiscal year, the department shall provide $1,000,000 for deferred maintenance at South Carolina State University. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. COOPER 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:
Bannister Barfield Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hiott Huggins Hutson Kelly Kirsh Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Moss Mulvaney Owens Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Walker White Whitmire
Those who voted in the negative are:
Alexander Allen Anderson Anthony Bales Battle Branham Brantley G. Brown R. Brown Clyburn Cobb-Hunter Coleman Funderburk Govan Hart Harvin Hayes Hodges Hosey Howard Jefferson Jennings Kennedy Knight McLeod Miller Mitchell J. H. Neal J. M. Neal Neilson Ott Parks Phillips Rutherford Scott Sellers Skelton F. N. Smith Weeks Whipper Williams
So, the amendment was tabled.
Rep. COOPER proposed the following Amendment No. 1A, which was tabled.
Rep. COOPER moved to table the amendment, which was agreed to.
Rep. COOPER proposed the following Amendment No. 2A (Doc Name COUNCIL\DKA\3897DW08), which was adopted:
Amend the bill, as and if amended, Part II, PERMANENT PROVISIONS, page 568, after line 28, by adding the following new PART II'S to read:
The Code Commissioner is directed to include all permanent general laws in this Part in the next edition of the Code of Laws of South Carolina, 1976, and all supplements to the Code.
TO DESIGNATE SECTION 5 OF ACT 115 OF 2007 AS SECTION 12-6-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDUCTION IN THE SOUTH CAROLINA INDIVIDUAL INCOME TAX LIABILITY OF INDIVIDUALS BY SUBJECTING THE BOTTOM OF THE 2.5 PERCENT STATE INDIVIDUAL INCOME RATE TO A TAX RATE OF ZERO, SO AS TO PROVIDE FURTHER RATE REDUCTIONS FOR MARRIED TAXPAYERS BY REDUCING THE THREE PERCENT RATE TO TWO PERCENT OVER FOUR YEARS AND TO DEFINE "MARRIED TAXPAYER" CONSISTENTLY WITH THE DEFINITION FOR MARRIAGE PROVIDED IN THE CONSTITUTION OF THIS STATE.
A. Section 5, Act 115 of 2007 is designated Section 12-6-515 and added in Article 5, Chapter 6, Title 12 of the 1976 Code.
B. Section 12-6-515 of the 1976 Code, as added by subsection A of this section, is amended to read:
"Section 12-6-515. (A) For taxable years beginning after 2006, the rate of tax imposed pursuant to Section 12-6-510(A) on the lowest bracket of South Carolina taxable income is reduced from 2.5 percent to zero percent, and the Department of Revenue shall adjust amounts due in tax tables prescribed by the department.
(B)(1) Notwithstanding the provisions of subsection (A) of this section, the rate of tax imposed pursuant to Section 12-6-510(A) on the current three percent bracket of married individuals filing a joint South Carolina income tax return is reduced according to the following schedule:
Taxable Year Applicable Rate
2008 2.9 percent
2009 2.7 percent
2010 2.4 percent
after 2010 2 percent.
(2) For purposes of this subsection, a married taxpayer is a taxpayer who:
(a) files a joint federal income tax return for the applicable taxable year; and
(b) is married in a lawful domestic union as provided pursuant to Section 15, Article XVII of the Constitution of this State.
(3) The Department of Revenue, in conformity with this subsection, shall adjust amounts due in tax tables prescribed by the department."
C. This section takes effect upon approval of this act by the Governor.
TO AMEND THE 1976 CODE BY ADDING SECTION 12-36-2647 SO AS TO PROVIDE THAT THE SALES, USE, AND CASUAL EXCISE TAX REVENUES IN A FISCAL YEAR FROM THE SALE, USE, OR TITLING OF A VEHICLE REQUIRED TO BE REGISTERED AND LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES MUST BE CREDITED TO THE STATE NON-FEDERAL AID HIGHWAY FUND, TO PHASE IN THIS DISTRIBUTION, TO PROVIDE FOR THE USE OF THESE REVENUES INCLUDING TRANSFERS TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, AND TO "HOLD HARMLESS" THE EDUCATION IMPROVEMENT ACT (EIA) FUND FOR REVENUES NOT CREDITED TO IT PURSUANT TO THE PROVISIONS OF SECTION 12-36-2647 AS ADDED BY THIS SECTION; TO AMEND SECTION 12-28-2920, RELATING TO THE CONSTRUCTION OF TOLL ROADS, SO AS TO DEFINE "QUALIFIED TOLL PROJECT" AND PROVIDE THAT THE TOLLS FROM SUCH A PROJECT MAY BE FOR ITS ACQUISITION, CONSTRUCTION, EQUIPPING, IMPROVEMENT, FINANCING, REFINANCING, OPERATION, AND MAINTENANCE AND PROVIDE WHEN TOLL CHARGES CEASE; TO AMEND SECTION 57-3-200, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION TO ENTER INTO AGREEMENTS FOR ROAD PROJECTS, SO AS TO PROVIDE THE AUTHORITY OF THE DEPARTMENT WITH RESPECT TO AGREEMENTS FOR A QUALIFIED TOLL PROJECT, AND TO PROVIDE FOR A STUDY BY THE DEPARTMENT OF TRANSPORTATION ON THE INSTALLATION OF AUTOMATED TOLL BOOTHS ON THE CROSS ISLAND PARKWAY IN BEAUFORT COUNTY IN ORDER TO LOWER TOLL CHARGES.
A. The General Assembly finds that:
(1) Before a motor vehicle may be licensed and registered by the South Carolina Department of Motor Vehicles for the privilege of using the public highways of this State, that department either collects or confirms the collection of any applicable sales, use, and casual excise taxes due on the vehicle;
(2) Without the required registration and licensing it is unlawful for a motor vehicle to use the public highways of this State; and
(3) The revenue of the sales, use, and casual excise tax required to be paid before a motor vehicle may be registered and licensed in this State is included within the "sources of revenue" that may be pledged to secure highway bonds pursuant to Section 13(6)(a), Article X of the Constitution of this State.
B. Article 25, Chapter 36, Title 12 of the 1976 Code is amended by adding:
"Section 12-36-2647. (A) Notwithstanding the provisions of Section 59-21-1010, an amount as provided in subsection (B) of this section of sales, use, and casual excise tax revenues derived from the sale, use, or titling of a vehicle required to be licensed and registered by the South Carolina Department of Motor Vehicles, otherwise required to be credited as provided pursuant to Section 59-21-1010, instead must be credited to the State Non-Federal Aid Highway Fund established pursuant to Section 57-11-20. Revenues credited to the State Non-Federal Aid Highway Fund pursuant to this section must be used exclusively for highway, road, and bridge maintenance.
(B) In fiscal year 2008-2009, an amount equal to one million dollars of the revenues specified in subsection (A) of this section must be credited to the State Non-Federal Aid Highway Fund. In each succeeding fiscal year, an additional thirty million dollars must be added to the cumulative total amount credited as provided pursuant to this subsection in the preceding fiscal year, until and after which all of the specified revenues must be so credited. For fiscal years beginning after June 30, 2009, an amount equal to ten percent of the revenue credited pursuant to this subsection in a fiscal year must be credited and apportioned as 'C' funds are credited and apportioned pursuant to Section 12-28-2740. All of the additional 'C' fund revenues apportioned pursuant to this subsection must be expended solely for rural road maintenance and construction and this additional allocation is not subject to the requirement for twenty-five percent of 'C' funds to be expended on the state highway system as provided pursuant to Section 12-28-2740(C). The balance of the revenue credited in a fiscal year pursuant to this subsection must be credited to the State Non-Federal Aid Highway Fund.
(C) There is transferred from income tax revenues credited to the general fund of the State in each fiscal year to the Education Improvement Fund an amount sufficient to offset sales tax revenues not credited to the EIA fund as a result of the reduction of sales tax revenues provided pursuant to this section.
(D) In fiscal year 2008-2009, there must be transferred from nonstate tax revenues in the State Highway Fund to the State Highway Account of the South Carolina Transportation Infrastructure Bank an amount equal to one million dollars. In each succeeding fiscal year, one-half of the amount required to be transferred to the State Non-Federal Aid Highway Fund pursuant to subsection (B) in each fiscal year must be similarly transferred."
C. Section 12-28-2920 of the 1976 Code is amended to read:
"Section 12-28-2920. (A) The department shall review projects for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department. The funds derived from tolls must be:
(1) credited to the State Highway Fund or retained and applied by the entity or entities developing, or, in the case of a Qualified Toll Project, operating the toll road pursuant to an agreement authorized under Section 57-3-200 for the purpose of funding:
(a) the cost of construction, financing, operation, and maintenance of the toll project; or
(b) in the case of a Qualified Toll Project, acquisition, cost of construction, equipping, improvement, financing, refinancing, operation, and maintenance of the toll project; or
(2) used to service bonded indebtedness for highway transportation purposes incurred pursuant to paragraph 9, Section 13, Article X of the South Carolina Constitution.
(B) Upon repayment of the cost of construction, financing, toll charges shall cease, or in the case of a Qualified Toll Project upon the repayment of the cost of acquisition, construction, equipping, improvement, financing, refinancing, operation, maintenance, and satisfaction of the obligations of all of the parties to an agreement authorized under Section 57-3-200, toll charges on such qualified toll projects shall cease.
(C) For purposes of this section and Section 57-3-200, a 'Qualified Toll Project' is a toll project involving an agreement between the department and another entity or entities on which tolls were being collected before January 1, 2008. The department has the authority to assign, amend, and extend the terms of a Qualified Toll Project agreement. However, an amendment or extension does not create a pecuniary obligation on the part of the department, the State of South Carolina, its agencies or subdivisions, or its taxpayers to pay any debt associated with the Qualified Toll Project."
D. Section 57-3-200 of the 1976 Code is amended to read:
"Section 57-3-200. (A) From the funds appropriated to the Department of Transportation and from any other sources which may be available to the department, the Department of Transportation may expend such funds as it deems necessary to enter into partnership agreements with political subdivisions including authorized transportation authorities, and private entities to finance, by tolls and other financing methods,:
(1) the cost of acquiring, constructing, equipping, maintaining, and operating highways, roads, streets and bridges in this State.;
(2) in the case of a Qualified Toll Project, as defined in Section 12-28-2920, the cost of acquiring, constructing, equipping, improving, maintaining, financing, refinancing, and operating highways, roads, streets, and bridges in this State.
(B) The department shall establish the initial toll to be charged to the traveling public for the use of the transportation facility and any revisions to those tolls after providing public notice and a hearing. However, in the case of a Qualified Toll Project, the department, after setting the initial toll rate or rates, may delegate to the political subdivision, transportation authority, or private entity the power to revise the toll for inflation in an amount not to exceed the increase in the Consumer Price Index.
(C) The provisions of this section must not be construed to confer upon the Department of Transportation or political subdivisions any power to finance by toll or other means the acquisition, construction, equipping, maintenance or operation which the Department of Transportation or other political subdivisions do not possess under other provisions of this code."
E. The Department of Transportation shall conduct a feasibility study regarding the Cross Island Parkway on US Highway 278 in Beaufort County on the question of whether or not the toll booths thereon should be automated in order to lower the toll charge. This feasibility study shall be completed no later than January 1, 2009, and the department's reports and recommendations shall be provided to the Governor and to the presiding officer of each house of the General Assembly.
F. This section takes effect July 1, 2008.
TO AMEND SECTION 2-75-5 OF THE 1976 CODE, RELATING TO LEGISLATIVE FINDINGS CONCERNING RESEARCH CENTERS OF ECONOMIC EXCELLENCE, SO AS TO REVISE REFERENCES AS TO SOURCES OF FUNDS FOR ENDOWED PROFESSORSHIPS; TO AMEND SECTION 2-75-10, RELATING TO CREATION OF THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD, SO AS TO REQUIRE ANNUAL REPORTING TO THE GENERAL ASSEMBLY AS WELL AS THE BUDGET AND CONTROL BOARD; TO AMEND SECTION 2-75-30, RELATING TO CENTERS OF EXCELLENCE MATCHING ENDOWMENT, SO AS TO DELETE THE AGGREGATE FUNDING AMOUNT LIMIT AND TO PROVIDE THAT ALL STATE SCHOLARSHIPS BE FUNDED BEFORE FUNDING THE ENDOWMENT; TO AMEND SECTION 2-75-50, RELATING TO APPLICATION REQUIREMENTS, SO AS TO REVISE THE FUNDING DOCUMENTATION AN APPLICATION MUST CONTAIN AND TO ENCOURAGE PARTNERSHIP OF ELIGIBLE INSTITUTIONS WITH OTHER STATE COLLEGES AND UNIVERSITIES; TO AMEND SECTION 2-75-90, AS AMENDED, RELATING TO MEETING MATCHING REQUIREMENT WITH PRIVATE OR FEDERAL FUNDS, SO AS TO DELETE OBSOLETE LANGUAGE; BY ADDING SECTION 2-75-100 SO AS TO ALLOW SENIOR RESEARCH UNIVERSITIES TO UTILIZE A PORTION OF NONSTATE MATCHING FUNDS TO PAY FOR INITIAL OPERATING COSTS; AND BY ADDING SECTION 2-75-110 SO AS TO ALLOW THESE UNIVERSITIES TO ACCEPT AND APPLY CASH EQUIVALENT AND IN-KIND DONATIONS FROM NONSTATE SOURCES.
A. Section 2-75-5 of the 1976 Code is amended to read:
"Section 2-75-5. (A) This chapter is known and may be cited as the 'South Carolina Research Centers of Economic Excellence Act'.
(B) The General Assembly finds that:
(1) it is in the public interest to create incentives for the senior research universities of South Carolina consisting of Clemson University, the Medical University of South Carolina, and the University of South Carolina to raise capital from the private sector to fund endowments for professorships in research areas targeted to create well-paying jobs and enhanced economic opportunities for the people of South Carolina;
(2) these endowed professorships should be used to recruit and maintain leading scientists and engineers at the senior research universities of South Carolina for the purposes of developing and leveraging the research capabilities of the universities for the creation of well-paying jobs and enhanced economic opportunities in knowledge-based industries for all South Carolinians;
(3) in communities across the United States in which better paying jobs and enhanced economic development in knowledge-based industries has flourished, the local or state government has created incentives and made a long-term commitment to public and private funding for a significant number of endowments for professorships in targeted knowledge-based industries;
(4) the South Carolina Education Lottery provides a source of funding and an incentive for the senior research universities to raise, in dollar-for-dollar matching amounts, sums from private nonstate sources sufficient to create endowed professorships;
(5) these endowed professorships should be awarded to the senior research universities through a competitive application process, provided that the competitive process must encourage the senior research universities to submit cooperative applications with one another as well as in cooperation with other institutions of higher education; and
(6) these endowed professorships, funded equally from the South Carolina Education Lottery and from other private nonstate sources, provide a foundation for the creation of centers of economic excellence."
B. Section 2-75-10 of the 1976 Code is amended to read:
"Section 2-75-10. There is created the Research Centers of Excellence Review Board. The board shall consist of nine members. Of the nine members, three must be appointed by the Governor, three must be appointed by the President Pro Tempore of the Senate, and three must be appointed by the Speaker of the House of Representatives. The terms of members are three years and members are eligible to be appointed for no more than two additional terms. Of the members initially appointed by the Governor, the President Pro Tempore, and the Speaker of the House, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years, the initial term of each member to be designated by the Governor, President Pro Tempore, and Speaker of the House when making the appointments. The Governor, the President Pro Tempore, and the Speaker of the House shall appoint persons with substantial experience in business, law, accounting, technology, manufacturing, engineering, or other professions and experience which provide an understanding of the purposes of this chapter. The board shall be responsible for providing annually to the Commission on Higher Education a schedule by which applications for funding are received and awarded on a competitive basis, the awarding of matching funds as provided in Section 2-75-60, and for oversight and operation of the fund created by Section 2-75-30. The review board must provide an annual report to the General Assembly as well as the Budget and Control Board, which shall include an audit performed by an independent auditor."
C. Section 2-75-30 of the 1976 Code is amended to read:
"Section 2-75-30. There is created the Centers of Excellence Matching Endowment. The endowment must be funded annually by appropriations from the South Carolina Education Lottery Account in an aggregate amount not to exceed $200,000,000 by 2010, except that endowment appropriations for the current fiscal year may not be funded until all state-supported scholarships are fully funded. The fund must be managed by the State Treasurer, subject to awards from the endowment as provided in this chapter. Interest earnings of the endowment must remain in the fund."
D. Section 2-75-50 of the 1976 Code is amended to read:
"Section 2-75-50. (A) An application for an award from the endowment shall:
(1) provide to the board documentation of private matching funds, on hand, in an amount equal to the amount for which application is made;
(2) provide to the board documentation that all matching funds have been committed and raised exclusively from sources other than South Carolina tax dollars, and that the funds have been committed and raised after January 1, 2002;
(3) be in an amount of not less than two million dollars and not more than five million dollars;
(4) document that the application has significant potential to provide for enhanced economic development for the citizens of South Carolina in a specified knowledge-based industry or field of commerce; and
(5) provide specific partnering activities with other institutions, businesses, or the community.
(B) Eligible research universities are strongly encouraged to partner with other South Carolina colleges and universities to develop proposals that will enhance the economic competitiveness of our State, and to enhance science and engineering through collaborations in related disciplines."
E. Section 2-75-90 of the 1976 Code, as added by Act 187 of 2004, is amended to read:
"Section 2-75-90. (A) Notwithstanding the provisions of Sections 2-75-05(B)(4) and (6) and 2-75-50, To meet the endowed professorships matching requirement of those provisions, a research university may use funds specifically provided for use in the areas provided in subsection (B) that are derived from private or federal government sources, excluding state appropriations to the institution, tuition, or fees. Subject to the restrictions in subsection (B), only federal dollars received after July 1, 2003, may be used to meet the endowed professorships matching requirement.
(B) The matching funds in subsection (A) may be used only in the areas of Engineering, Nanotechnology, Biomedical Sciences, Energy Sciences, Environmental Sciences, Information and Management Sciences, and for other sciences and research that create well-paying jobs and enhanced economic opportunities for the people of South Carolina and that are approved by the Research Centers of Excellence Review Board."
F. Chapter 75, Title 2 of the 1976 Code is amended by adding:
"Section 2-75-100. (A) The board may, at its discretion, permit the senior research universities to utilize a portion of the nonstate matching funds of any single award to pay for initial operating costs including, but not limited to, infrastructure improvement, purchase of equipment, and payment of salaries for junior faculty, researchers, technicians, and other support staff directly associated with the establishment of the professorship's research efforts and the creation of the center of economic excellence which the professorship serves. The portion established by the board must apply equally to all of the senior research universities' centers of economic excellence and endowed professorships created under this act. The portion established by the board may be modified by the board in order to facilitate program success.
(B) The full amount of every state award, with the exception of programmatic support proposals, must be placed into and remain in endowment. Should a center of economic excellence be dissolved, withdrawn, or otherwise terminated, the entirety of the state award which has been drawn by the institution must be returned to the Centers of Excellence Matching Endowment."
G. Chapter 75, Title 2 of the 1976 Code is amended by adding:
"Section 2-75-110. In addition to accepting and applying nonstate funds, as stipulated in Section 2-75-90(A), to meet the matching requirement of each state award, a senior research university may accept and apply cash equivalent and in-kind donations from nonstate sources. Such donations must directly impact and promote the research of the endowed professorship and the center of economic excellence which the professorship serves. Such donations may include, but are not limited to, donated or rent-discounted laboratory, and research facility space; buildings, including sale-lease back; equipment; furnishings; and infrastructure upgrades. The value of each cash equivalent or in-kind donations must be determined using standard accounting methods and a cost share accounting policy established by the board. The total value of cash equivalent and in-kind donations applicable per award may not exceed the portion of nonstate matching funds available for non-endowment use established by the board. Cash equivalent and in-kind donations may only be applied if received by a senior research university after July 1, 2002."
H. This section takes effect upon approval by the Governor.
TO AMEND THE 1976 CODE BY ADDING SECTION 11-11-415 SO AS TO PROVIDE THAT THE LIMIT ON GENERAL FUND APPROPRIATIONS FOR A FISCAL YEAR IS THE TOTAL AMOUNT OF THE GENERAL FUND REVENUE ESTIMATE AS OF FEBRUARY FIFTEENTH FOR FISCAL YEAR 2007-2008, INCREASED ANNUALLY AND CUMULATIVELY BY THE LESSER OF SIX PERCENT OR A PERCENTAGE DETERMINED BY POPULATION INCREASE AND INCREASES IN THE CONSUMER PRICE INDEX, TO PROVIDE FOR THE LIMITATION TO BE SUSPENDED FOR A FISCAL YEAR FOR A SPECIFIC AMOUNT UPON A SPECIAL VOTE OF THE GENERAL ASSEMBLY AND TO DEFINE THIS SPECIAL VOTE, TO ESTABLISH THE SPENDING LIMITATION RESERVE FUND, TO WHICH ALL SURPLUS GENERAL FUND REVENUES MUST BE CREDITED, AND TO PROVIDE FOR THE PRIORITY USES OF THE REVENUES OF THIS FUND, TO PROVIDE FOR THE APPROPRIATION OF FUND REVENUES AFTER THESE PRIORITIES ARE MET, AND TO REQUIRE THAT APPROPRIATION OF REVENUES OF THIS FUND MUST BE BY JOINT RESOLUTION ORIGINATING IN THE HOUSE OF REPRESENTATIVES.
A. Article 5, Chapter 11, Title 11 of the 1976 Code is amended by adding:
"Section 11-11-415. (A)(1) In addition to all other applicable constitutional and statutory limitations on general fund appropriations, notwithstanding any other provisions of law, and only to the extent that the limit on general fund appropriations for a fiscal year imposed by this subsection is less than the annual limit imposed pursuant to Section 7(c) of the Constitution of this State and Section 11-11-410, total general fund appropriations for the fiscal year may not exceed the lesser of:
(a) one hundred six percent of the adjusted base-year estimate; or
(b) the adjusted base-year estimate increased by a percentage equal to the state's growth in population applied ratably over the period of the decennial United States census assuming a rate of increase equal to the rate in the most recently completed United States census for which population figures are available over the next preceding census and a percentage equal to the increase, if any, in the consumer price index in the most recently ended federal fiscal year, as determined by the Bureau of Labor Statistics of the United States Department of Labor.
(2) As used in this subsection, the 'adjusted base-year estimate' is the general fund revenue estimate made by the Board of Economic Advisors on February 15, 2008, for fiscal year 2008-2009, including both recurring and nonrecurring revenues from whatever source derived as adjusted annually and cumulatively as provided in item (1) of this subsection.
(3) The Office of Research and Statistics of the State Budget and Control Board, upon approval by the State Economist and in consultation with the director of the board's Office of State Budget, shall calculate and provide the appropriate percentages for population and consumer price index growth to the Ways and Means Committee of the House of Representatives and the Senate Finance Committee no later than November tenth of each year.
(4) Before the Governor may submit the proposed budget for these fiscal years, the proposal must include the certificate of the Director of the Office of State Budget that the proposed budget conforms to the limitation imposed by this subsection. The annual general appropriations bill may not be given third reading in the House of Representatives and Senate unless a similar certificate is received by the presiding officer in each house from the Director of the Office of State Budget before the bill is given third reading.
(B)(1) Notwithstanding the provisions of subsection (A) of this section, the General Assembly may declare a financial emergency and suspend the spending limitation imposed pursuant to subsection (A) for any one fiscal year for a specific amount by a special vote as provided in this item by enactment of legislation which relates only to that matter. The state general fund appropriations for the fiscal year following the suspension must be determined as if the suspension had not occurred and, for purposes of determining subsequent limits, must be presumed to have been the maximum limit which could have been authorized if the limitation imposed pursuant to subsection (A) had not been suspended.
(2) The special vote referred to in this item means an affirmative recorded roll-call vote in each branch of the General Assembly by two-thirds of the members present and voting but not less than three-fifths of the total membership in each branch.
(C)(1) There is created in the State Treasury a fund separate and distinct from the general fund of the State, the Capital Reserve Fund, and all other funds entitled the Spending Limit Reserve Fund. Notwithstanding any other provision of law providing for the use of surplus general fund revenue, all general fund revenues accumulated in a fiscal year in excess of the limit on appropriations provided pursuant to subsection (A) of this section must be credited to this fund. Revenues credited to this fund in a fiscal year may be appropriated by the General Assembly in its regular session in the year following the close of the applicable fiscal year. Revenues in this fund may be appropriated only for the purposes provided in item (2) of this subsection.
(2)(a) If the balance in the general reserve fund established pursuant to Article III, Section 36 of the Constitution of this State and Section 11-11-310 is less than the required balance, there must be appropriated to it all amounts in the Spending Limit Reserve Fund up to the total necessary to replenish the general reserve fund. This amount does not replace or supplant the minimum replenishment amount otherwise required to be made to the general reserve fund. To the extent these concurrent replenishments of the general reserve fund exceed the amount necessary for its full funding, the general reserve fund as provided in Article III, Section 36 of the Constitution of this State, that fund is deemed to require an annual minimum balance equal to this increased amount not to exceed a total from all sources of a balance equal to four percent of general fund revenue in the latest completed fiscal year. The additional balance in the general reserve fund provided pursuant to this section is for all purposes and uses a part of the general reserve fund.
(b) After the appropriation of amounts required pursuant to subitem (a) of this item, any remaining balance may be appropriated for or used to offset revenue reductions for:
(i) temporary tax reductions;
(ii) infrastructure improvements; and for purposes of this item, infrastructure includes, but is not limited to, fixed transportation facilities, to include highway, rail, water, and air, and the basic facilities, services, and installations needed for the functioning of government, to include water, sewer, and public sector communications;
(iii) school buildings;
(iv) school buses; and
(v) expenses incurred by this State as a result of natural or other disasters declared by the President of the United States.
(c) The total state share of a capital project funding for which is derived in whole or in part from the Spending Limit Reserve Fund, must be appropriated from the Spending Limit Reserve Fund in one installment.
(d) Appropriations from the Spending Limit Reserve Fund must be made by means of a joint resolution originating in the House of Representatives."
B. This section takes effect upon approval of this act by the Governor, and first applies for general fund appropriations made and surplus general revenues accruing for fiscal year 2009-2010. /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bannister Barfield Battle Bedingfield Bingham Bowen Brady Cato Chalk Coleman Cooper Cotty Crawford Daning Dantzler Davenport Delleney Edge Erickson Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hiott Huggins Hutson Kelly Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Miller Mulvaney Neilson Owens Perry Phillips Pinson E. H. Pitts Rice Sandifer Simrill Skelton F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Walker White Whitmire Young
Those who voted in the negative are:
Allen Anderson Anthony Bales Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Funderburk Govan Hart Harvin Hayes Hosey Howard Jefferson Jennings Kennedy Kirsh Mack McLeod Mitchell Moss J. H. Neal J. M. Neal Ott Parks M. A. Pitts Rutherford Scarborough Scott Sellers Weeks Williams
So, the amendment was adopted.
Rep. LITTLEJOHN proposed the following Amendment No. 3A (Doc Name COUNCIL\BBM\10580HTC08), which was adopted:
Amend the bill, as and if amended, in Part IB, SECTION 89, General Provisions, page 543, by striking paragraph 89.97 and inserting:
/ 89.97. (GP: Academic Center) Of the funds appropriated to the University of South Carolina Upstate for other operating expenses, $100,000 shall be transferred to Spartanburg Community College to support the Academic Center. /
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. PERRY a leave of absence for the remainder of the day.
Reps. MULVANEY and J. M. NEAL proposed the following Amendment No. 4A (Doc Name h:\legwork\house\amend\ council\gjk\20695sd08.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 6, COMMISSION ON HIGHER EDUCATION, page 401, after line 2, by adding an appropriately numbered paragraph to read:
/6. __. (CHE: Two-Year Campus Redistribution.) State funding for the two-year campuses of the University of South Carolina shall be reallocated pro rata by the Commission on Higher Education based on the full-time equivalent enrollment at the institutions. For the purpose of these calculations, if an institution's graduation rate is more than ten percent below the average graduation rate of the two-year campuses of the University of South Carolina, the institution's full-time equivalent enrollment shall be reduced by the percentage its graduation rate is below the average. Based on this reallocation, institutions are directed to transfer to the Commission on Higher Education the amount of their original allocation that is in excess of the funding they would be allocated under the distributions stated in this paragraph. The Commission on Higher Education is directed to redistribute these funds according to the calculation and to notify the Office of State Budget of the revised allocation./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. MULVANEY explained the amendment.
Rep. COOPER moved to table the amendment.
Rep. MULVANEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Bales Bannister Barfield Battle Bingham Bowen Brady Brantley G. Brown R. Brown Cato Chalk Clemmons Coleman Cooper Cotty Daning Dantzler Davenport Edge Gambrell Govan Hagood Hardwick Harrell Harrison Hart Hayes Hiott Hosey Howard Hutson Jefferson Jennings Kelly Kennedy Knight Leach Limehouse Littlejohn Loftis Mack Mahaffey Merrill Mitchell J. H. Neal Neilson Ott Owens Parks Pinson Rice Rutherford Sandifer Scott Sellers G. M. Smith G. R. Smith J. R. Smith Stavrinakis Stewart Talley Taylor Thompson Umphlett Walker Weeks White Whitmire Williams Young
Those who voted in the negative are:
Anthony Bedingfield Bowers Branham Crawford Delleney Duncan Frye Funderburk Gullick Haley Hamilton Huggins Kirsh Lowe Lucas Miller Moss Mulvaney J. M. Neal Phillips E. H. Pitts M. A. Pitts Scarborough Simrill Skelton Spires Toole Whipper
So, the amendment was tabled.
Reps. E. H. PITTS, ERICKSON and MILLER proposed the following Amendment No. 5A (Doc Name h:\legwork\house\amend\h-wm\001\hou2-1.71 tpitts 2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 371, paragraph 1.71, lines 31-36, and page 372, lines 1-7 by striking the paragraph in its entirety and by inserting:
/ 1.71. (SDE: Education Finance Act Reserve Fund) (A) There is created in the State Treasury a fund separate and distinct from the General Fund of the State and all other funds entitled the Education Finance Act Reserve Fund. All unexpended general funds appropriated to the Department of Education for the Education Finance Act in the current fiscal year shall be transferred to the Education Finance Act Reserve Fund. In the event that the amount appropriated for the Education Finance Act is insufficient to fully fund the base student cost as established by this act, revenues from the Education Finance Act Reserve Fund may be used to supplement the funds appropriated. The General Assembly may make direct appropriations to this fund. All unexpended funds in the Education Finance Act Reserve Fund and any interest accrued by the fund must remain in the fund and may be carried forward into the current fiscal year.
(B) The Department of Education must notify the State Treasurer in the event that any school district in this State is projected to receive less state EFA Employer Contribution Funds than the prior fiscal year. Upon notification, the Treasurer must disburse to the Department of Education a sufficient amount of reserve funds to compensate for one-half the difference that any district is projected to receive as compared to the prior fiscal year. The department must use these funds to supplement the school district's monthly disbursement of state EFA Employer Contribution Funds so that the district's monthly disbursement is equivalent to the prior fiscal year. The disbursement to each district must be based on that district's percentage of the aggregate variance of all school districts affected. The Treasurer is not required to disburse reserve funds to compensate for the difference unless funds are available based on the prior year's audited one hundred thirty-five day student count and unexpended general funds appropriated for the Education Finance Act as adjusted by the current fiscal year's forty-five day student count and the one hundred thirty-five day student count.
(C) After the obligations in (B) have been met, the Department of Education must notify the State Treasurer in the event that any school district in this State is projected to receive less in total state EFA and EFA Reserve Funds than the prior fiscal year. Upon notification, the Treasurer must disburse to the Department of Education a sufficient amount of reserve funds to compensate for one-half the difference that any district is projected to receive as compared to the prior fiscal year from the combination of the total EFA and EFA Reserve Funds. The disbursement to each district must be based on that district's percentage of the aggregate variance of all school districts affected. The Treasurer is not required to disburse reserve funds to compensate for the difference unless funds are available based on the prior year's audited one hundred thirty-five day student count and unexpended general funds appropriated for the Education Finance Act as adjusted by the current fiscal year's forty-five day student count and the one hundred thirty-five day student count.
(D) After the obligations in (B) and (C) have been met the Department of Education must notify the State Treasurer in the event that any school district in this State has experienced growth in the number of Weighted Pupil Units from the second preceding year's final one hundred thirty-five day student count as compared to the prior fiscal year's one hundred thirty-five day student count. Upon notification, the Treasurer must disburse to the Department of Education a sufficient amount of reserve funds equal to five percent of the current year's appropriated base student cost for the aggregate increased weighted pupil units for all the identified districts that exceed the statewide average Weighted Pupil Unit growth from the second preceding year's final one hundred thirty-five day student count as compared to the prior fiscal year's one hundred thirty-five day student count. An identified district must be disbursed an amount equal to the district's percentage of the aggregate increase of all districts that experienced an applicable increase, to include the schools districts of Georgetown and Chesterfield counties. The Treasurer is not required to disburse reserve funds to compensate for growth unless funds are available based on the prior year's audited one hundred thirty-five day student count and unexpended general funds appropriated for the Education Finance Act as adjusted by the current fiscal year's forty-five day student count and the one hundred thirty five day fund student count.
(E) Disbursements required by this section must be made in priority order as provided by this section and must not exceed $12,000,000 in the aggregate. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. E. H. PITTS explained the amendment.
The amendment was then adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 8A (Doc Name h:\legwork\house\amend\h-wm\001\ahec 400k.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 565, paragraph 90.12, after line 16, by inserting an appropriately numbered item to read:
/ Consortium of Community Teaching Hospitals
Health Careers Program 400,000 /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to.
Rep. COBB-HUNTER proposed the following Amendment No. 9A (Doc Name h:\legwork\house\amend\h-wm\001\2.7 boys & girls club 1m.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 2, LOTTERY EXPENDITURE ACCOUNT, page 393, paragraph 2.7, line 29, after "fiscal year." by inserting: / Of any unclaimed prize funds available in excess of the Board of Economic Advisors estimate, the first $1,000,000 shall be directed to the Boys and Girls Clubs and the next $4,000,000 shall be directed to the State Board for Technical and Comprehensive Education for the Allied Health Initiative. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. MERRILL 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:
Bannister Barfield Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hiott Huggins Hutson Kelly Kirsh Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Moss Mulvaney Owens Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Talley Taylor Thompson Toole Umphlett Walker White Whitmire Young
Those who voted in the negative are:
Alexander Allen Anderson Anthony Bales Battle Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Funderburk Hart Harvin Hayes Hosey Howard Jefferson Jennings Kennedy Knight Mack McLeod Miller Mitchell J. H. Neal J. M. Neal Neilson Ott Parks Phillips Rutherford Scott Sellers Weeks Whipper Williams
So, the amendment was tabled.
Rep. CHALK moved to reconsider the vote whereby Amendment 5A was adopted.
Rep. SIMRILL moved to table the motion to reconsider, which was agreed to by a division vote of 59 to 37.
The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Rep. COOPER proposed the following Amendment No. 1A (Doc Name COUNCIL\BBM\10600HTC08), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for Fiscal Year 2007-2008 the following amounts:
(1) Department of Education
School Bus Operations $20,853,307;
(2) Department of Parks, Recreation & Tourism
Destination Specific Grants 5,000,000;
(3) Clemson University
Light Rail 800,000;
(4) University of South Carolina-Columbia
Light Rail 800,000;
(5) Medical University of South Carolina
Light Rail 800,000;
(6) Commission on Higher Education
Research Authority - Hydrogen Grants
2,500,000;
(7) State Ports Authority
Harbor Dredging 1,000,000;
(8) Election Commission
General Election 2008 2,767,225;
Total $34,520,532 /
Renumber sections to conform.
Amend title to conform.
Rep. COOPER explained the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anderson Anthony Bales Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham G. Brown R. Brown Cato Chalk Clemmons Coleman Cooper Cotty Crawford Daning Dantzler Davenport Delleney Duncan Edge Erickson Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Hiott Huggins Hutson Jennings Kelly Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey McLeod Miller Mitchell Moss Mulvaney J. H. Neal Neilson Owens Parks Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Simrill Skelton F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Walker Weeks White Whitmire Young
Those who voted in the negative are:
Brantley Cobb-Hunter Hart Hosey Howard Jefferson Kennedy Rutherford Sellers Whipper Williams
So, the amendment was adopted.
Reps. COBB-HUNTER and OTT proposed the following Amendment No. 2A (Doc Name h:\legwork\house\amend\h-wm\001\hou2 scstate 1m def main.doc), which was tabled:
Amend the joint resolution, as and if amended, by amending Amendment 1A, (Doc no. house\amend\council\bbm\10600htc08.doc), page 2, item (6) Commission on Higher Education, opposite Research Authority-Hydrogen Grants, by striking /2,500,000;/ and inserting /1,500,000;/.
Amend the amendment further, page 2, by adding an appropriately numbered item at the end to read: /
( ) South Carolina State University
Deferred Maintenance 1,000,000;/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. KENNEDY spoke in favor of the amendment.
Rep. KENNEDY spoke in favor of the amendment.
Rep. J. H. NEAL spoke in favor of the amendment.
The SPEAKER granted Rep. E. H. PITTS a leave of absence due to work-related reasons.
Rep. J. H. NEAL continued speaking.
Rep. J. H. NEAL spoke in favor of the amendment.
Rep. YOUNG moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bannister Barfield Bedingfield Bingham Bowen Brady Cato Chalk Clemmons Cooper Cotty Crawford Daning Davenport Delleney Duncan Edge Erickson Frye Gullick Haley Hamilton Hardwick Harrell Harrison Haskins Hiott Huggins Hutson Kelly Kirsh Leach Limehouse Loftis Lucas Mahaffey Merrill Mulvaney Owens Pinson M. A. Pitts Rice Sandifer Scarborough Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Spires Talley Taylor Thompson Toole Umphlett Walker White Whitmire Young
Those who voted in the negative are:
Allen Anderson Anthony Bales Bowers Branham Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Funderburk Govan Hagood Hart Hayes Hosey Howard Jefferson Jennings Kennedy Knight Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Neilson Ott Parks Rutherford Scott Sellers Stavrinakis Weeks Whipper Williams
So, the amendment was tabled.
The Senate Amendments, as amended, were then agreed to and the Joint Resolution was ordered returned to the Senate.
Rep. MCLEOD moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 1:45 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R236, S. 14 (Word version)) -- Senators Hayes, Campsen, Vaughn, Mescher, Knotts, Verdin, Alexander, Lourie and Malloy: AN ACT TO AMEND SECTION 7-13-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN UNAUTHORIZED PERSON NOT ALLOWED WITHIN THE GUARD RAIL OF A VOTING BOOTH, SO AS TO AUTHORIZE A DEPENDENT CHILD OF A QUALIFIED ELECTOR TO ACCOMPANY THE QUALIFIED ELECTOR IN THE VOTING BOOTH WHILE HE IS CASTING HIS BALLOT.
(R237, S. 71 (Word version)) -- Senators Ryberg, Bryant, Cromer, Richardson, Fair and Ford: AN ACT TO AMEND SECTION 44-76-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM CIVIL LIABILITY FOR PERSONS ADMINISTERING, USING, ACQUIRING, OR PRESCRIBING AN AUTOMATED EXTERNAL DEFIBRILLATOR (AED), SO AS TO PROVIDE IMMUNITY FOR PERSONS PROVIDING TRAINING FOR CARDIOPULMONARY RESUSCITATION THAT INCLUDES TRAINING IN THE USE OF AN AED UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 44-32-50, RELATING TO BODY PIERCING TECHNICIAN REQUIREMENTS, SO AS TO ALLOW OTHER SUITABLE CERTIFICATIONS IN PLACE OF THE RED CROSS FIRST AID CERTIFICATION REQUIREMENT; AND TO AMEND SECTION 44-76-30, RELATING TO TRAINING AND USE OF AN AED, SO AS TO ALLOW OTHER SUITABLE METHODS OF TRAINING BY ADDITIONAL ORGANIZATIONS.
(R238, S. 882 (Word version)) -- Senator Cleary: AN ACT TO AMEND SECTION 40-15-175, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF DENTAL INSTRUCTOR LICENSES, SO AS TO PROVIDE THAT SUCH LICENSES ARE RESTRICTED LICENSES; TO FURTHER SPECIFY IN WHAT EDUCATIONAL PROGRAMS SUCH A LICENSEE MAY TEACH; TO PROVIDE FOR IMMEDIATE TERMINATION OF SUCH A LICENSE IF THE LICENSEE CEASES TO BE A FACULTY MEMBER AT ONE OF THE SPECIFIED PROGRAMS; AND ALSO TO PROVIDE THAT THE BOARD OF DENTISTRY MAY REVOKE SUCH A RESTRICTED LICENSE FOR VIOLATIONS OF THE CHAPTER OR REGULATIONS PROMULGATED UNDER THE CHAPTER.
(R239, S. 1039 (Word version)) -- Senator Verdin: AN ACT TO AMEND SECTION 23-31-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST REGULATION OF CERTAIN MATTERS, SO AS TO PROVIDE THAT A LOCAL GOVERNING BODY MAY NOT ENACT REGULATIONS OR ORDINANCES THAT REGULATE A LANDOWNER FROM DISCHARGING A FIREARM ON A PARCEL OF LAND COMPRISED OF AT LEAST TWENTY-FIVE CONTIGUOUS ACRES TO PROTECT HIS FAMILY, EMPLOYEES, THE GENERAL PUBLIC, OR THE PROPERTY FROM ANIMALS POSING A DIRECT THREAT OR DANGER.
(R240, S. 1066 (Word version)) -- Senators Leatherman, Setzler, Knotts and Cromer: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF AGRICULTURE TO RELOCATE THE COLUMBIA STATE FARMERS' MARKET FROM ITS CURRENT LOCATION IN RICHLAND COUNTY TO LEXINGTON COUNTY; TO AUTHORIZE THE ALLOCATION OF CERTAIN FUNDS TO BE USED TO COMPLETE THE PROJECT; TO TERMINATE THE PENDING PROJECT THAT RELOCATES THE FARMERS' MARKET TO THE WALKER TRACT IN RICHLAND COUNTY; TO AUTHORIZE THE SALE OF THE COLUMBIA METROLOGY LABORATORY AS PART OF THE RELOCATION PROJECT; AND TO CREATE AND IMPLEMENT A STATEWIDE FARMERS' MARKET SYSTEM.
(R241, S. 1077 (Word version)) -- Senators Rankin, Hutto and McConnell: AN ACT TO AMEND SECTION 11-35-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE PROCUREMENT CODE, SO AS TO EXEMPT LICENSES GRANTED BY THE FEDERAL COMMUNICATION COMMISSION TO GREENVILLE TECHNICAL COLLEGE AND TRIDENT TECHNICAL COLLEGE THAT AUTHORIZE THE USE OF THE EDUCATIONAL BROADBAND SERVICE SPECTRUM FROM THE PROCUREMENT CODE, AND TO PROVIDE THAT LEASE AGREEMENTS BETWEEN THE RESPECTIVE COLLEGES AND THIRD PARTIES MAY NOT INCLUDE PRICING REQUIREMENTS AND MUST RESULT IN THE RECEIPT OF THE MARKET RATE FOR THE SPECTRUM CAPACITY.
(R242, S. 1227 (Word version)) -- Senator Land: AN ACT TO AMEND SECTIONS 30-5-10 AND 30-5-12, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTER OF DEEDS, SO AS TO ADD CLARENDON COUNTY TO THE LIST OF COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT AND TO PROVIDE THAT THE GOVERNING BODY OF CLARENDON COUNTY SHALL APPOINT THE REGISTER OF DEEDS.
(R243, S. 1257 (Word version)) -- Senators Hayes, Peeler, Short and Gregory: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
(R244, H. 3084 (Word version)) -- Reps. Clemmons and Witherspoon: AN ACT TO AMEND SECTION 56-16-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE A MANUFACTURER WHO SEEKS TO ENTER INTO A FRANCHISE ESTABLISHING AN ADDITIONAL NEW MOTORCYCLE DEALERSHIP OR RELOCATING AN EXISTING NEW MOTORCYCLE DEALERSHIP IN A RELEVANT MARKET AREA WHERE THIS LINE-MAKE IS REPRESENTED MUST FOLLOW, SO AS TO DELETE THE TERM "NEW MOTORCYCLE" AND REPLACE IT WITH THE TERM "MOTORCYCLE", TO MAKE A TECHNICAL CHANGE, TO INCREASE THE SIZE OF THE RELEVANT MARKET AREA, TO REVISE THE PERIOD IN WHICH A CIVIL ACTION MAY COMMENCE UNDER THIS PROVISION AND THE METHOD OF NOTICE THAT MUST BE USED, AND TO REVISE THE CONDITIONS UPON WHICH A COURT SHALL ENJOIN OR PROHIBIT THE ESTABLISHMENT OF CERTAIN NEW OR RELOCATED DEALERSHIPS; BY ADDING SECTION 56-16-220 SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA IS THE VENUE FOR AN ACTION BROUGHT PURSUANT TO CHAPTER 16 OF TITLE 56, AND TO PROVIDE THAT A PROVISION OF A FRANCHISE OR OTHER AGREEMENT WITH CONTRARY PROVISIONS IS VOID AND UNENFORCEABLE; AND BY ADDING SECTION 56-16-230 SO AS TO PROVIDE STATUTE OF LIMITATIONS FOR ACTIONS ARISING OUT OF A PROVISION CONTAINED IN CHAPTER 16 OF TITLE 56.
(R245, H. 3279 (Word version)) -- Rep. Scott: AN ACT TO CREATE A STUDY COMMITTEE TO EXAMINE CERTAIN MASS TRANSIT AND HUMAN SERVICES TRANSPORTATION PROGRAMS THROUGHOUT THE STATE, TO PROVIDE THAT IT SHALL ISSUE A REPORT THAT CONTAINS THE STATUS OF THESE PROGRAMS, THEIR LEVEL OF USAGE, FUNDING, AND EFFICIENCIES, TO PROVIDE THAT THE COMMITTEE SHALL STUDY AND MAKE RECOMMENDATIONS ON WAYS TO PROMOTE THE INCREASED USE OF EXISTING MULTIMODAL TRANSPORTATION OPTIONS AND STRATEGIES TO INCREASE ACCESS, MOBILITY, AND SAFETY FOR THE STATE'S CITIZENS, AND TO PROVIDE FOR THE COMMITTEE'S MEMBERSHIP, COMPENSATION, STAFFING, AND DISSOLUTION.
(R246, H. 3355 (Word version)) -- Reps. Delleney, Mulvaney, Bedingfield, Shoopman, Leach, Gullick, Duncan, Hamilton, Kelly, M.A. Pitts, Rice, Talley, Walker, Haskins, Simrill, Vick, Owens, Viers, Loftis, G.M. Smith, Toole, G.R. Smith, Pinson and Bingham: AN ACT TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, AMONG OTHER THINGS, TO PREREQUISITES TO PERFORMING AN ABORTION, SO AS TO PROVIDE THAT IF AN ULTRASOUND IS PERFORMED, AN ABORTION MUST NOT BE PERFORMED SOONER THAN SIXTY MINUTES FOLLOWING THE COMPLETION OF THE ULTRASOUND, TO REQUIRE THE WOMAN TO BE INFORMED THAT SHE HAS THE RIGHT TO VIEW THE ULTRASOUND IMAGE, AND TO PROVIDE THAT THE STATEMENT TO BE SIGNED BY THE PHYSICIAN AND WOMAN MUST INCLUDE THAT THE WOMAN HAS THE RIGHT TO VIEW HER ULTRASOUND.
(R247, H. 3395 (Word version)) -- Reps. Funderburk, Toole, Stavrinakis and Sandifer: A JOINT RESOLUTION TO PROVIDE THAT THE SOUTH CAROLINA ENERGY OFFICE AND THE OFFICE OF REGULATORY STAFF SHALL PROVIDE A REPORT TO THE GENERAL ASSEMBLY NOT LATER THAN JANUARY 1, 2009, THAT RECOMMENDS PROCESS AND PROCEDURES FOR ESTABLISHING NET METERING PROGRAMS AT ALL DISTRIBUTION ELECTRIC UTILITIES IN SOUTH CAROLINA, INCLUDING INVESTOR-OWNED ELECTRIC UTILITIES AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY.
(R248, H. 3451 (Word version)) -- Reps. Cotty, Agnew, Anderson, Ballentine, Barfield, Battle, Bingham, Bowen, Bowers, Breeland, R. Brown, Cato, Chalk, Chellis, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Funderburk, Hagood, Haley, Harrell, Harrison, Harvin, Herbkersman, Hinson, Hiott, Hosey, Howard, Jennings, Kennedy, Kirsh, Limehouse, McLeod, Miller, Moss, J.H. Neal, Neilson, Pinson, E.H. Pitts, Rice, Rutherford, Sandifer, Scott, J.E. Smith, J.R. Smith, Stavrinakis, Talley, Toole, Viers, Weeks, Whipper, Young and Loftis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 30 SO AS TO ENACT THE "UNIFORM REAL PROPERTY RECORDING ACT", PROVIDING FOR THE AUTHORITY OF THE REGISTER OF MESNE CONVEYANCES IN A COUNTY TO RECEIVE AND RECORD DOCUMENTS AND INFORMATION IN ELECTRONIC FORM, SETTING FORTH CERTAIN REQUIREMENTS IN ACCEPTANCE OF ELECTRONIC DOCUMENTS BY A REGISTER, ESTABLISHING THE ELECTRONIC RECORDING COMMITTEE AND CHARGING IT AND THE OFFICE OF THE SECRETARY OF STATE WITH THE RESPONSIBILITY OF IMPLEMENTING THE ACT AND ADOPTING STANDARDS FOR THE RECEIPT, RECORDING, AND RETRIEVAL OF ELECTRONIC DOCUMENTS, AND PROVIDING DEFINITIONS.
(R249, H. 3543 (Word version)) -- Reps. Funderburk and Mulvaney: AN ACT TO AMEND SECTION 40-23-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE, RENEWAL, AND REINSTATEMENT OF A LICENSE ISSUED BY THE ENVIRONMENTAL CERTIFICATION BOARD, AMONG OTHER THINGS, SO AS TO CHANGE THE PERIOD IN WHICH A LICENSEE MAY FILE AN APPLICATION TO REINSTATE A LAPSED LICENSE FROM NINETY DAYS TO THREE HUNDRED SIXTY-FIVE DAYS, AND TO REQUIRE THAT AN APPLICANT SEEKING REINSTATEMENT OF A LAPSED LICENSE MEET CERTAIN CONTINUING EDUCATION REQUIREMENTS.
(R250, H. 3605 (Word version)) -- Rep. Harrison: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-1-110 SO AS TO CLARIFY THAT IF AN ATTORNEY-CLIENT RELATIONSHIP EXISTS BETWEEN A LAWYER AND A FIDUCIARY, COMMUNICATIONS BETWEEN THE LAWYER AND THE FIDUCIARY ARE PRIVILEGED UNLESS WAIVED BY THE FIDUCIARY.
(R251, H. 3803 (Word version)) -- Reps. Haley and Kirsh: AN ACT TO AMEND SECTION 40-13-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE PROFESSION OF COSMETOLOGY, SO AS TO PROVIDE AN UNLICENSED PERSON EMPLOYED IN A COSMETOLOGY SALON EXCLUSIVELY TO SHAMPOO HAIR UNDER THE DIRECT SUPERVISION OF A COSMETOLOGIST IS EXCLUDED FROM THE REQUIREMENTS FOR A COSMETOLOGIST.
(R252, H. 3816 (Word version)) -- Reps. G.M. Smith, Weeks and G. Brown: AN ACT TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO INCREASE THE AMOUNT OF DEBTOR'S INTEREST IN CERTAIN DELINEATED PROPERTIES THAT ARE EXEMPT FROM ATTACHMENT, LEVY, AND SALE UNDER ORDER OF A COURT OR AS A RESULT OF A BANKRUPTCY PROCEEDING.
(R253, H. 4437 (Word version)) -- Rep. G.M. Smith: AN ACT TO AMEND SECTION 16-15-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO PROVIDE AN EXCEPTION FOR CERTAIN STATE AND LAW ENFORCEMENT PERSONNEL WHO ARE IN POSSESSION OF MATERIAL CONTAINING VISUAL REPRESENTATIONS OF MINORS ENGAGING IN SEXUAL ACTIVITY DURING THE COURSE OF AN INVESTIGATION.
(R254, H. 4492 (Word version)) -- Reps. Young, Harrell and Hutson: AN ACT TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN DORCHESTER COUNTY, REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND CORRECT CERTAIN REFERENCES.
(R255, H. 4497 (Word version)) -- Reps. Loftis, Umphlett, Lowe, Mitchell, Witherspoon, Dantzler, Duncan, Hodges and M.A. Pitts: AN ACT TO AMEND SECTION 50-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATIONS OF BIRDS, ANIMALS, AND FISH, SO AS TO REMOVE WHITE PERCH FROM THE LIST OF GAME FISH IN THIS STATE.
(R256, H. 4520 (Word version)) -- Reps. Cooper, Harrell, Cobb-Hunter, Walker, Perry, Battle, Skelton, Thompson, Alexander, Ballentine, Edge, Harrison, Hayes, Limehouse, J.H. Neal, Ott, Owens, Williams, Spires, Whipper, R. Brown, Hosey, Mitchell and Hodges: AN ACT TO AUTHORIZE THE UNIVERSITY OF SOUTH CAROLINA TO ISSUE REVENUE BONDS TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF A NEW BUSINESS SCHOOL FACILITY AND FOR THE RENOVATION OF THE CLOSE-HIPP BUILDING FOR LEASE AND OCCUPANCY BY AN AGENCY OF THE FEDERAL GOVERNMENT, TO PROVIDE THAT THE REVENUE BONDS SHALL BE SECURED BY AND PAYABLE FROM A PLEDGE OF THE LEASE PAYMENTS, AND TO PROVIDE THE PROCESS, PROCEDURES, AND PROVISIONS UNDER WHICH THE REVENUE BONDS MAY BE ISSUED AND CIRCUMSTANCES UNDER WHICH THE BONDS MAY BE REFINANCED.
(R257, H. 4534 (Word version)) -- Reps. M.A. Pitts, Owens, Simrill, Davenport, Hosey, Leach, McLeod, Moss, Phillips, Thompson and Loftis: AN ACT TO AMEND SECTION 50-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR MAKING ARRESTS FOR NATURAL RESOURCES VIOLATIONS AND OTHER SPECIFIED OFFENSES, SO AS TO FURTHER PROVIDE FOR THESE PROCEDURES, THE USE OF SUMMONS, AND THE RECEIPT OF MONETARY BONDS.
(R258, H. 4547 (Word version)) -- Rep. Vick: AN ACT TO AMEND SECTION 50-9-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE FOR THE COST OF REQUIRED MIGRATORY WATERFOWL PERMITS, THE MANNER IN WHICH THEY ARE SOLD, AND FOR PRODUCTION AND SALE OF COMMEMORATIVE STAMPS; TO AMEND SECTION 50-9-535, RELATING TO MIGRATORY GAME BIRD PERMITS, FEES, AND INTEGRATION WITH OTHER HUNTING LICENSES, SO AS TO PROVIDE THAT STATE RESIDENTS WHO ARE AT LEAST SIXTY-FOUR AND WHO HOLD A LIFETIME HUNTING AND FISHING LICENSE ARE NOT REQUIRED TO HAVE A MIGRATORY GAME BIRD PERMIT; TO AMEND SECTION 50-11-20, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO FURTHER DEFINE THE RESPONSIBILITIES AND DUTIES OF THE MIGRATORY WATERFOWL COMMITTEE AND TO DELETE PER DIEM AUTHORIZATIONS; AND BY ADDING SECTION 50-11-22 SO AS TO MAKE IT UNLAWFUL TO HARM, DISTURB, OR TAKE ACTIVELY NESTING WATERFOWL OR TO DISTURB OR DAMAGE A WATERFOWL NEST BOX, AND PROVIDE PENALTIES FOR VIOLATION.
(R259, H. 4680 (Word version)) -- Reps. Walker, Anthony, W.D. Smith, Littlejohn, Talley, Kelly, Mahaffey and Davenport: AN ACT TO AMEND ACT 906 OF 1962, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION OF A MEMBER FROM CHEROKEE COUNTY SCHOOL DISTRICT ONE AND A MEMBER FROM THE SCHOOL DISTRICT OF UNION COUNTY, TO REDUCE FROM FOUR TO TWO THE AT-LARGE MEMBERS FROM SPARTANBURG COUNTY AND TO PROVIDE TRANSITION PROVISIONS.
(R260, H. 4731 (Word version)) -- Reps. Mitchell, Govan, Harrell, Miller and Sellers: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-85 SO AS TO PROVIDE THAT THE NINETEENTH DAY OF JUNE OF EACH YEAR IS DESIGNATED AS "JUNETEENTH CELEBRATION OF FREEDOM DAY" TO COMMEMORATE AND REFLECT ON THE FREEDOM OF AFRICAN AMERICANS AND THEIR CONTRIBUTIONS TO THIS STATE AND NATION.
(R261, H. 4774 (Word version)) -- Reps. Littlejohn, Brantley, Whipper, Anthony, Bales, Bowers, Breeland, Clyburn, Erickson, Hardwick, Herbkersman, Hodges, Hosey, Jefferson, Kelly, Loftis, Lowe, Mack, Mahaffey, Owens, Phillips, Rice, W.D. Smith, Williams and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3750 SO AS TO PROVIDE FOR A NONREFUNDABLE INCOME TAX CREDIT FOR ANY MEAT PACKER, BUTCHER, OR PROCESSING PLANT LICENSED OR PERMITTED BY THIS STATE OR THE UNITED STATES DEPARTMENT OF AGRICULTURE THAT, DURING THE TAX YEAR FOR WHICH THE CREDIT IS CLAIMED, HAD A VALID CONTRACT WITH A NONPROFIT ORGANIZATION TO PROCESS DEER FOR DONATION TO ANY CHARITABLE ORGANIZATION ENGAGED IN DISTRIBUTING FOOD TO THE NEEDY, AND TO PROVIDE THAT THE AMOUNT OF THE CREDIT SHALL BE FIFTY DOLLARS FOR EACH CARCASS PROCESSED AND DONATED.
(R262, H. 4775 (Word version)) -- Reps. Hagood, Whipper, Breeland, Limehouse, Mack, Scarborough and Stavrinakis: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, CREATING THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO CHANGE THE DATES FOR FILING OF CONSTITUENT SCHOOL DISTRICT BOARD OF TRUSTEES AND TO CONSOLIDATE THE SCHOOL BOARD TO CONFORM WITH PROVISIONS OF STATE LAW.
(R263, H. 4844 (Word version)) -- Rep. Hayes: AN ACT TO AMEND ACT 137 OF 2007, RELATING TO ACQUISITION AGREEMENTS FOR SCHOOL BUILDINGS AND OTHER SCHOOL FACILITIES, SO AS TO PROVIDE THAT NO ACQUISITION AGREEMENT MAY BE ENTERED INTO UNTIL THE DILLON COUNTY BOARD OF EDUCATION PROJECTS THAT ALL SALES TAX REVENUE, BOND REVENUE, AND ALL OTHER SOURCES OF AVAILABLE REVENUE ARE SUFFICIENT TO PAY AMOUNTS OWED UNDER THE ACQUISITION AGREEMENT.
(R264, H. 4845 (Word version)) -- Reps. Neilson, Bales, Lucas and Williams: AN ACT TO AMEND SECTION 44-61-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRAUMA ADVISORY COUNCIL, ITS MEMBERS, POWERS, AND DUTIES, SO AS TO ADD AN ORTHOPEDIC PHYSICIAN AND A PEDIATRIC PHYSICIAN TO THE COUNCIL.
(R265, H. 4926 (Word version)) -- Rep. Funderburk: AN ACT TO AMEND SECTION 7-7-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
(R266, H. 4949 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - PANEL FOR DIETETICS, RELATING TO LICENSURE AND REGULATION OF PERSONS ENGAGING IN THE PRACTICE OF DIETETICS WITHIN THE STATE OF SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 3193, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R267, H. 5015 (Word version)) -- Reps. Gambrell, Cooper, Bowen, Thompson, Agnew and White: AN ACT TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN ANDERSON COUNTY, TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
(R268, H. 5021 (Word version)) -- Rep. Duncan: AN ACT TO AMEND SECTION 50-11-1920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE UNDER CERTAIN CONDITIONS OF EXOTIC FARM-RAISED VENISON AND PENALTIES FOR VIOLATING THE PROVISIONS OF THIS SECTION, SO AS TO PROVIDE THAT THE PROHIBITIONS OF THIS SECTION DO NOT APPLY TO THE SALE OR PURCHASE OF ALREADY PROCESSED AND PACKAGED PET FOODS OR PET TREATS CONTAINING IMPORTED EXOTIC FARM-RAISED VENISON, AND TO PROVIDE FOR CERTAIN REGISTRATION AND LABELING REQUIREMENTS OF THIS EXCEPTION.
(R269, H. 5030 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO TANNING FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3114, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The Senate returned to the House with concurrence the following:
H. 5136 (Word version) -- Rep. Chalk: A CONCURRENT RESOLUTION TO CELEBRATE THE OCCASION OF THE TWENTY-FIFTH ANNIVERSARY OF THE TOWN OF HILTON HEAD ISLAND, AND TO CONGRATULATE AND COMMEND MAYOR TOM PEEPLES AND THE CITIZENS OF HILTON HEAD ISLAND FOR A QUARTER CENTURY OF DISPLAYING LOWCOUNTRY CHARM AND HOSPITALITY.
At 2:00 p.m. the House, in accordance with the motion of Rep. YOUNG, adjourned in memory of Ed Davis, board member of the Dorchester County Ashley River Fire Department, to meet at 10:00 a.m. tomorrow.
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