South Carolina General Assembly
117th Session, 2007-2008
Journal of the Senate

Tuesday, April 24, 2007
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Hear God's Word by way of the Psalmist:

"Therefore we will not fear, though the earth give way and the mountains fall into the heart of the sea, though the waters roar and foam and the mountains quake with their surging."       (Psalm 46:2-3)

Let us join our hearts and minds in prayer:

O Lord, it continues to feel almost as if our world has crumbled around us, to use the images the Psalmist gives us. Our hearts still feel as bruised by the violence which unfolded at Virginia Tech just a week ago. We pray, dear God, that you will keep children and young people, teachers and professors, staff and administrators safe in their schools and on their campuses all across the land.

Moreover, bestow your care-giving upon our women and men in the Armed Forces, serving dutifully to further the causes of peace for all humankind.

And be with these Senators and their staff members as they wrestle today and throughout the week with matters of tremendous significance to the State. Impart your mercy; grant hope and peace; bequeath wisdom and fortitude-for we all require these very gifts. In your name we pray, dear Lord.
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Doctor of the Day

Senator LOURIE introduced Dr. Leo Walker of Columbia, S.C., Doctor of the Day.

Leave of Absence

At 12:50 P.M., Senator HAWKINS requested a leave of absence until 5:00 P.M.

Leave of Absence

At 2:00 P.M., Senator SHEHEEN requested a leave of absence until 3:30 P.M.

Leave of Absence

On motion of Senator HAYES, at 3:30 P.M., Senator PEELER was granted a leave of absence for the balance of the day.

Leave of Absence

At 3:45 P.M., Senator MATTHEWS requested a leave of absence from 5:00 - 7:15 P.M.

Leave of Absence

At 5:40.P. M., Senator RYBERG requested a leave of absence for Thursday, April 26.

Leave of Absence

At 5:40 P.M., Senator GROOMS requested a leave of absence from 9:00 A.M. until 6:00 P.M. on Thursday, April 26.

S. 465 (Word version) -- Senators Ritchie, Fair, Leventis, Martin, Alexander, Campsen, Knotts, Ford, Anderson, Sheheen, Patterson, Williams, McConnell, Bryant, Cromer, Leatherman, Vaughn, Cleary, Land, O'Dell, Peeler, Reese, Thomas, Hayes, McGill, Verdin, Elliott, Rankin, Hawkins and Short: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA WIRELESS TECHNOLOGY AND COMMUNICATIONS COMMISSION FOR THE PURPOSE OF IMPLEMENTING A STATEWIDE WIRELESS BROADBAND NETWORK AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES.

On motion of Senator JACKSON, with unanimous consent, the name of Senator JACKSON was added as a co-sponsor of S. 465.

RECALLED

H. 3466 (Word version) -- Reps. Umphlett, Hinson, E.H. Pitts, Haley, Ballentine, Huggins, Vick, Agnew, Anderson, Battle, Bingham, R. Brown, Cato, Ceips, Chellis, Cobb-Hunter, Dantzler, Duncan, Funderburk, Hagood, Harvin, Herbkersman, Jefferson, Jennings, Knight, Limehouse, Lowe, Mahaffey, Merrill, Miller, Ott, Owens, Parks, Pinson, M.A. Pitts, Sandifer, Scarborough, Scott, Sellers, Simrill, Spires, Stavrinakis, Taylor, White, Whitmire, Williams, Toole, Bowen, Gullick, Hodges and Crawford: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, WATER RESOURCES, AND DRAINAGE, BY ADDING CHAPTER 30 SO AS TO ENACT THE "PUBLIC WATERS NUISANCE ABATEMENT ACT" WHICH PERMITS THE DEPARTMENT OF NATURAL RESOURCES TO REMOVE OR REQUIRE THE REMOVAL OF CERTAIN STRUCTURES FROM THE PUBLIC WATERS OF THIS STATE UNDER SPECIFIED CONDITIONS, TO PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE FOR AUTHORITY OF THE ATTORNEY GENERAL AND A MUNICIPALITY OR COUNTY TO DECLARE THESE STRUCTURES NUISANCES AND REQUIRE THEIR REMOVAL, AND TO PROVIDE, FURTHER, FOR A CIVIL ACTION BY A PRIVATE CITIZEN.

Senator VERDIN asked unanimous consent to make a motion to recall the Bill from the Committee on Agriculture and Natural Resources.

There was no objection.

The Bill was recalled from the Committee on Agriculture and Natural Resources and ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 699 (Word version) -- Senators Drummond and O'Dell: A SENATE RESOLUTION TO RECOGNIZE AND HONOR FELTON AND DORIS BURTON OF GREENWOOD COUNTY FOR THEIR OUTSTANDING CONTRIBUTIONS TO THE CARE OF MENTALLY HANDICAPPED SOUTH CAROLINIANS, AND TO WISH THEM ALL THE BEST IN THE COMING YEARS.
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The Senate Resolution was adopted.

S. 700 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 38-77-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE DEFINITIONS, SO AS TO REVISE THE DEFINITION OF INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 701 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 59-53-480, RELATING TO EXEMPTIONS FROM CERTAIN BONDING, LEASING, PROCUREMENT, AND SURPLUS PROPERTY REQUIREMENTS APPLICABLE TO TRIDENT TECHNICAL COLLEGE UNDER THE TRIDENT TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY ACT SO AS TO REVISE THE SCOPE AND NATURE OF THESE EXEMPTIONS.
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Read the first time and referred to the Committee on Education.

S. 702 (Word version) -- Education Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE PURPOSE OF TEACHER CONTRACTS NEGOTIATED FOR THE 2007-2008 SCHOOL YEAR, DATES FOR COMPLETING CERTAIN REQUIREMENTS ARE EXTENDED FOR ONE YEAR.
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Read the first time and ordered placed on the Calendar without reference.

S. 703 (Word version) -- Senators Rankin and Elliott: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE LORIS HIGH SCHOOL WRESTLING TEAM FOR ITS OUTSTANDING SEASON AND FOR CAPTURING THE 2007 CLASS AA DUAL STATE CHAMPIONSHIP TITLE AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.
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The Senate Resolution was adopted.

H. 3394 (Word version) -- Reps. W. D. Smith, Walker, Davenport, Anthony, Kelly, Littlejohn, Mahaffey, Talley and Mitchell: A BILL TO DESIGNATE SECTIONS 1, 2, 3, AND 4 OF ACT 906 OF 1962, AS AMENDED, AND SECTION 2 OF ACT 197 OF 1973, BOTH RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION, AS SECTIONS 59-53-1110, 59-53-1120, 59-53-1130, AND 59-53-1140 OF THE 1976 CODE, TO BE CONTAINED IN ARTICLE 14, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ENTITLED "SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION"; TO REDUCE FROM FOUR TO TWO THE MEMBERS APPOINTED AT LARGE FROM SPARTANBURG COUNTY AND TO ADD ONE MEMBER FROM CHEROKEE COUNTY SCHOOL DISTRICT ONE AND ONE MEMBER FROM THE SCHOOL DISTRICT OF UNION COUNTY AND PROVIDE TRANSITION PROVISIONS; AND BY ADDING SUBARTICLE 3 TO ARTICLE 14, CHAPTER 53, TITLE 59 SO AS TO ENACT THE "SPARTANBURG COMMUNITY COLLEGE ENTERPRISE CAMPUS AUTHORITY ACT", TO PROVIDE FOR THE POWERS AND DUTIES OF THE SPARTANBURG COMMUNITY COLLEGE COMMISSION FOR PURPOSES OF THE DEVELOPMENT OF ITS CHEROKEE COUNTY AND TYGER RIVER CAMPUSES, TO PROVIDE FOR THE CREATION OF THE SPARTANBURG COMMUNITY COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE AUTHORITY.

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 3605 (Word version) -- Rep. Harrison: A BILL 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.

Read the first time and referred to the Committee on Judiciary.

H. 3623 (Word version) -- Rep. Thompson: A BILL TO AMEND SECTION 6-11-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF SPECIAL PURPOSE DISTRICTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, RELATING TO MONETARY ASSESSMENTS LEVIED AGAINST FINES IMPOSED IN GENERAL SESSIONS, MAGISTRATES, AND MUNICIPAL COURTS, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY"; TO AMEND SECTION 23-11-110, RELATING TO CERTAIN QUALIFICATIONS THAT A SHERIFF MUST POSSESS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 23-23-70, RELATING TO THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, SO AS TO DELETE REFERENCES TO SECTION 23-6-440 AND REPLACE IT WITH REFERENCES TO SECTION 23-23-60; TO AMEND SECTIONS 23-28-20, 23-28-60, AND 23-28-90, ALL RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-47-20, AS AMENDED, RELATING TO 911 SYSTEM REQUIREMENTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-5-320, RELATING TO THE JAIL PRE-SERVICE TRAINING PROGRAM, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-5-360, RELATING TO TRAINING OFFERED TO RESERVES WHO WISH TO BECOME FULL-TIME JAILERS OR DETENTION OFFICERS, SO AS TO DELETE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE THEM WITH REFERENCES TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-5-2950, RELATING TO A PERSON WHO DRIVES A MOTOR VEHICLE HAVING GIVEN CONSENT TO SUBMIT TO CHEMICAL TESTS OF HIS BREATH, BLOOD, OR URINE FOR CERTAIN PURPOSES, SO AS TO DELETE A REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY AND REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY; AND TO AMEND SECTION 40-18-30, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, SO AS TO DELETE A REFERENCE TO THE LAW ENFORCEMENT TRAINING COUNCIL AND TO REPLACE IT WITH A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY.

Read the first time and referred to the Committee on Judiciary.

H. 3804 (Word version) -- Reps. Umphlett, Clyburn, Crawford and Dantzler: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 24 OF ARTICLE III, SECTION 3 OF ARTICLE VI, AND SECTION 1A OF ARTICLE XVII TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DUAL OFFICEHOLDING AND QUALIFICATION FOR OFFICE, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST HOLDING TWO OFFICES DOES NOT APPLY TO COMMISSIONED LAW ENFORCEMENT OFFICERS EMPLOYED BY A COUNTY AND MUNICIPAL POLICE OFFICERS EMPLOYED IN A COUNTY IN WHICH THEY DO NOT RESIDE WHO HOLD ANOTHER OFFICE.

Read the first time and referred to the Committee on Judiciary.

H. 3833 (Word version) -- Reps. Moss and Littlejohn: A BILL TO REVISE THE DATE FOR ELECTIONS FOR THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, THE FILING PERIOD, AND THE MANNER IN WHICH THE RESULTS OF THE ELECTIONS ARE DETERMINED.

Read the first time and ordered placed on the Local and Uncontested Calendar.

REPORTS OF STANDING COMMITTEES

Senator COURSON from the Committee on Education submitted a favorable report on:

S. 341 (Word version) -- Senators Setzler and Knotts: A BILL TO AMEND SECTION 59-111-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE COLLEGE, UNIVERSITY, OR TECHNICAL COLLEGE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO PROVIDE THAT A CHILD OF CERTAIN ACTIVE DUTY MEMBERS OF THE UNITED STATES ARMED SERVICES ALSO QUALIFY FOR FREE TUITION UNDER SPECIFIED CONDITIONS.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Education submitted a favorable with amendment report on:

S. 471 (Word version) -- Senators Short, Leatherman, Setzler, Courson, Matthews, Hayes, Land, Knotts, McGill, Sheheen, Cleary, Williams, Martin, O'Dell, Rankin, Cromer, Malloy, Verdin, Moore, Hutto, McConnell, Leventis, Patterson, Bryant, Drummond, Lourie, Ryberg, Jackson and Ford: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 SO AS TO ESTABLISH A PROGRAM OF SCHOOL DISTRICT CHOICE AND OPEN ENROLLMENT UNDER WHICH THE OFFICE OF SCHOOL CHOICE AND INNOVATION WITHIN THE STATE DEPARTMENT OF EDUCATION FIRST COORDINATES AND IMPLEMENTS A VOLUNTARY PILOT PROGRAM OF SCHOOL CHOICE AND OPEN ENROLLMENT IN THIS STATE AND THEREAFTER SUBJECT TO FUNDING A STATEWIDE PROGRAM, AND TO PROVIDE FOR THE PROCEDURES, RESPONSIBILITIES, AND REQUIREMENTS OF SCHOOLS, SCHOOL DISTRICTS, PARENTS, AND STUDENTS IN REGARD TO THIS PROGRAM.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Education submitted a favorable with amendment report on:

S. 484 (Word version) -- Senators Fair and Jackson: A BILL TO AMEND SECTION 59-113-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF INDEPENDENT INSTITUTION OF HIGHER LEARNING FOR PURPOSES OF PROVIDING TUITION GRANTS, SO AS TO INCLUDE IN THE DEFINITION AN INDEPENDENT BACHELOR'S LEVEL INSTITUTION CHARTERED BEFORE 1962 WHOSE MAJOR CAMPUS AND HEADQUARTERS ARE LOCATED WITHIN SOUTH CAROLINA.

Ordered for consideration tomorrow.

Senator KNOTTS from the Committee on Invitations polled out S. 664 favorable:

S. 664 (Word version) -- Senators Peeler, Fair, Hayes, Vaughn, O'Dell, Bryant, Ritchie, Reese, Martin, Alexander and Hawkins: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE SENATE OFFICE BUILDING ON THURSDAY, NOVEMBER 29, 2007, AND FRIDAY, NOVEMBER 30, 2007, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Knotts                    Alexander                 Patterson
McGill                    Reese                     O'Dell
Elliott                   Ford                      Grooms
Verdin                    Campsen

Total--11

NAYS

Total--0

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Education submitted a favorable report on:

S. 666 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTIONS 59-125-20 AND 59-125-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THEIR SELECTION, SO AS TO PROVIDE FOR TWO ADDITIONAL AT-LARGE MEMBERS OF THE BOARD AND FOR THE MANNER OF THEIR ELECTION AND TERMS OF OFFICE.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Education submitted a favorable with amendment report on:

H. 3124 (Word version) -- Reps. Walker, Harrell, Harrison, Cotty, Bingham, Toole, D.C. Smith and Crawford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 59 SO AS TO PROVIDE FOR THE PUBLIC SCHOOL OPEN ENROLLMENT CHOICE PROGRAM IN THE PUBLIC SCHOOL SYSTEM OF THIS STATE, TO DEFINE CERTAIN TERMS, TO PROVIDE FOR AN APPLICATION PROCESS FOR STUDENTS WISHING TO TRANSFER, TO PROVIDE RESPONSIBILITIES OF RECEIVING SCHOOL DISTRICTS, TO PROVIDE STANDARDS OF APPROVAL, PRIORITIES OF ACCEPTING STUDENTS, AND CRITERIA FOR DENYING STUDENTS, TO PROVIDE THAT THE PARENT IS RESPONSIBLE FOR TRANSPORTING THE STUDENT TO SCHOOL, TO PROVIDE FOR THE FUNDING OF THE OPEN ENROLLMENT CHOICE PROGRAM, TO PROVIDE THAT A STUDENT MAY NOT PARTICIPATE IN INTERSCHOLASTIC ATHLETIC CONTESTS DURING THE FIRST YEAR OF ENROLLMENT, TO PROVIDE THAT A RECEIVING DISTRICT SHALL ACCEPT CERTAIN CREDITS TOWARD A STUDENT'S REQUIREMENTS FOR GRADUATION, TO PROVIDE THAT A SCHOOL DISTRICT MAY CONTRACT WITH CERTAIN ENTITIES FOR THE PROVISION OF SERVICES, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL CONDUCT AN ANNUAL SURVEY AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

ACTING PRESIDENT PRESIDES

At 12:42 P.M., Senator McCONNELL assumed the Chair.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 376 (Word version) -- Senators Ritchie, McConnell, Leventis, Martin, Hayes, Gregory, Richardson, Malloy, Sheheen, Campsen, Cleary and Alexander: A BILL TO AMEND CHAPTER 52, TITLE 48 OF THE 1976 CODE BY ENACTING THE "ENERGY INDEPENDENCE AND SUSTAINABLE CONSTRUCTION ACT OF 2007", TO PROVIDE THAT ALL STATE-FUNDED MAJOR FACILITY PROJECTS MUST MEET ENVIRONMENTAL STANDARDS SET FORTH BY THE U.S. GREEN BUILDING COUNCIL, TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ADMINISTER THE ARTICLE, AND TO PROVIDE THAT THE BUDGET AND CONTROL BOARD SHALL REPORT TO THE GENERAL ASSEMBLY THE EFFECTS OF THE ARTICLE.

S. 610 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 44-53-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES PRESCRIPTIONS, INCLUDING LIMITATIONS ON QUANTITIES PRESCRIBED, SO AS TO PROVIDE THAT PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IN SCHEDULES III THROUGH V MUST NOT EXCEED A NINETY-DAY SUPPLY.

The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:

S. 609 (Word version) -- Senators Patterson, Courson, Lourie and Jackson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF RICHLAND COUNTY AND 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 PROVIDE THAT POLLING PLACES MUST BE SELECTED BY THE RICHLAND COUNTY ELECTION COMMISSION UPON APPROVAL OF A MAJORITY OF THE LEGISLATIVE DELEGATION.

S. 576 (Word version) -- Senators Drummond and O'Dell: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE AND ADD CERTAIN VOTING PRECINCTS OF GREENWOOD COUNTY AND 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.

S. 696 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF EXAMINERS IN PSYCHOLOGY, RELATING TO PRACTICE OF PSYCHOLOGY-SPECIALTY DESIGNATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3102, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 695 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-BOARD OF NURSING, RELATING TO NURSING PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3080, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3694 (Word version) -- Reps. White, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, Whitmire, Williams, Witherspoon and Young: A JOINT RESOLUTION TO NAME THE NEW SOUTH CAROLINA VETERANS CEMETERY IN ANDERSON COUNTY THE M. J. "DOLLY" COOPER VETERANS CEMETERY.

H. 3406 (Word version) -- Reps. Sellers, Govan and Ott: A BILL TO AMEND SECTION 44-7-3455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS NOT SUBJECT TO THE PROVISIONS OF THE HOSPITAL PATIENT SAFETY ACT, SO AS TO PROVIDE THAT PROVISIONS OF THAT ACT DO NOT APPLY TO SPECIALTY HOSPITALS UNDER CONTRACT WITH THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES.

H. 3932 (Word version) -- Reps. Delleney, W.D. Smith and F.N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 23, 2007, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUSTICE OF THE SUPREME COURT, SEAT 5, TO FILL THE UNEXPIRED TERM WHICH EXPIRES ON JULY 31, 2010; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 7, TO FILL THE UNEXPIRED TERM WHICH EXPIRES ON JUNE 30, 2008, AND THE SUBSEQUENT FULL TERM WHICH EXPIRES ON JUNE 30, 2014; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM WHICH EXPIRES ON JUNE 30, 2009.

The Concurrent Resolution was adopted, ordered returned to the House.

CARRIED OVER

H. 3621 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2006-2007.

On motion of Senator LEATHERMAN, the Joint Resolution was carried over.

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: A BILL TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT THE PHYSICIAN WHO IS TO PERFORM THE ABORTION MUST VERIFY THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS BY USING AN OBSTETRIC ULTRASOUND, TO PROVIDE THAT THE IMAGES USED TO VERIFY THE PROBABLE GESTATIONAL AGE MUST BE REVIEWED WITH THE WOMAN SEEKING THE ABORTION, AND TO PROVIDE THAT THE WOMAN SEEKING THE ABORTION MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS REVIEWED THE ULTRASOUND IMAGES.

On motion of Senator FAIR, with unanimous consent, the Bill was carried over until Tuesday, May 1, 2007.

S. 84 (Word version) -- Senators Bryant, Ryberg, Vaughn, Grooms, Verdin and Fair: A BILL TO AMEND SECTION 44-41-330 OF THE 1976 CODE, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY OF RECORDS, TO PROVIDE THAT THE PHYSICIAN WHO IS TO PERFORM THE ABORTION MUST VERIFY THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS BY USING AN OBSTETRIC ULTRASOUND, TO PROVIDE THAT THE IMAGES USED TO VERIFY THE PROBABLE GESTATIONAL AGE MUST BE REVIEWED WITH THE WOMAN SEEKING THE ABORTION, AND TO PROVIDE THAT THE WOMAN SEEKING THE ABORTION MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS REVIEWED THE ULTRASOUND IMAGES.

On motion of Senator FAIR, with unanimous consent, the Bill was carried over until Tuesday, May 1, 2007.

S. 94 (Word version) -- Senators Campsen, Knotts and Fair: A BILL TO AMEND SECTION 62-2-204, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SURVIVING SPOUSE'S RIGHTS TO AN ELECTIVE SHARE, HOMESTEAD ALLOWANCE, AND EXEMPT PROPERTY, SO AS TO PROVIDE FOR THE VOLUNTARY WAIVER OF THOSE RIGHTS UPON FAIR AND REASONABLE DISCLOSURE BY THE OTHER SPOUSE.

On motion of Senator FAIR, with unanimous consent, the Bill was carried over.

S. 620 (Word version) -- Senators Knotts, Cromer, Ford, Land, Scott, Elliott, Patterson and Leventis: A SENATE RESOLUTION TO URGE THE ATTORNEY GENERAL OF THE UNITED STATES AND THE FEDERAL COMMUNICATIONS COMMISSION TO OPPOSE THE PROPOSED MERGER OF THE ONLY TWO SATELLITE RADIO PROVIDERS OPERATING IN THE UNITED STATES.

Senator RYBERG spoke on the Senate Resolution.

The question before the Senate was adoption of the Senate Resolution.

The Senate proceeded to vote on the adoption of the Resolution.

A vote was taken and the adoption of the Senate Resolution failed.

THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3620, THE GENERAL APPROPRIATION BILL.

AMENDED, READ THE SECOND TIME
DEBATE INTERRUPTED

H. 3620--GENERAL APPROPRIATION BILL

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

On motion of Senator LEATHERMAN, with unanimous consent, staff members from the Budget and Control Board were authorized as necessary to be in that area behind the rail and further, that Senate staff designated by the President Pro Tempore were admitted to the floor of the Senate Chamber while debate was in progress on H. 3620, the General Appropriation Bill.

Expression of Personal Interest

Senator LEATHERMAN rose for an Expression of Personal Interest.

Senator LEATHERMAN spoke on the Bill.

Report of the Subcommittee on K-12 Education

Senator HAYES, on behalf of the Subcommittee on Education (K-12), was recognized to report to the Senate regarding the work of the subcommittee.

Report of the Subcommittee on Constitutional and

Senator THOMAS, Chairman of the Subcommittee on Constitutional and Administrative Laws, was recognized to report to the Senate regarding the work of the subcommittee.

Report of the Subcommittee on Higher Education

Senator COURSON, Chairman of the Subcommittee on Higher Education, was recognized to report to the Senate regarding the work of the subcommittee.

Report of the Subcommittee on Natural Resources and
Economic Development

Senator McGILL, Chairman of the Subcommittee on Natural Resources and Economic Development, was recognized to report to the Senate regarding the work of the subcommittee.

Report of the Subcommittee on Health and Human Services

Senator ALEXANDER, Chairman of the Subcommittee on Health and Human Services, was recognized to report to the Senate regarding the work of the subcommittee.

Report of the Subcommittee on Corrections and Public Safety

Senator FAIR, Chairman of the Subcommittee on Corrections and Public Safety, was recognized to report to the Senate regarding the work of the subcommittee.

Report of the Committee of Finance Adopted

Senator LEATHERMAN asked unanimous consent to make a motion that the Report of the Committee of Finance be adopted with all members reserving the right to raise any Points of Order and to offer amendments without regard to questions of degree, provided that this unanimous consent request does not fulfill the two-thirds vote requirement contained in Rule 24B.

Amendment No. 21

Senator LEATHERMAN proposed the following Amendment No. 21 (DAD-2% SALES TAX.DOC), which was adopted (#1):

Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 13, line 33 opposite /PHYSICAL EDUCATION - NURSES/ by:

COLUMN 7   COLUMN 8

/   STRIKING:   28,040,378   28,040,378

and

INSERTING:   23,373,711   23,373,711/

Amend the bill further, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 96, line 25, opposite /A. HOSPITAL SERVICES/ by:

COLUMN 7   COLUMN 8

/   STRIKING:   683,023,325   168,608,330

and

INSERTING:   674,273,325   159,858,330/

Amend the bill further, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 96, line 26, opposite /B. NURSING HOME SERVICES/ by:

COLUMN 7   COLUMN 8

/   STRIKING:   467,281,209   138,466,151

and

INSERTING:   459,281,209   130,466,151/

Amend the bill further, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 97, line 1, opposite /O. PREMIUMS MATCHED/ by:

COLUMN 7   COLUMN 8

/   STRIKING:   157,570,302   43,298,791

and

INSERTING:   155,570,302   41,298,791/

Amend the bill further, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 97, line 2, opposite /P. PREMIUMS 100% STATE/ by:

COLUMN 7   COLUMN 8

/   STRIKING:   17,000,000   17,000,000

and

INSERTING:   14,000,000   14,000,000/

Amend the bill further, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 97, line 12, opposite /W. PALMETTO SENIOR/ by:

COLUMN 7   COLUMN 8

/   STRIKING:   12,858,272   3,914,058

and

INSERTING:   11,858,272   2,914,058/

Amend the bill further, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 97, lines 13-14, opposite /Y. MMA PHASED DOWN CONTRIBUTIONS/ by:

COLUMN 7   COLUMN 8

/   STRIKING:   72,000,000   72,000,000

and

INSERTING:   70,000,000   70,000,000/

Amend the bill further, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 99, line 1, opposite /OTHER OPERATING EXPENSES/ by:

COLUMN 7   COLUMN 8

/   STRIKING:   5,400,938   1,621,767

and

INSERTING:   5,150,938   1,371,767/

Amend the bill further, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 325, line 16, opposite /DEFERRED MAINTENANCE/ by:

COLUMN 7   COLUMN 8

/   STRIKING:   7,500,000   7,500,000

and

INSERTING:   500,000   500,000/

Amend the bill further, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 422, after line 9, by adding an appropriately numbered paragraph to read:

/ 8. . (DHHS: Cash Balances) The Department of Health and Human Services is granted the authority to use available cash balances to maintain the required level of services in the Medicaid program. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 5A

Senators THOMAS and FAIR proposed the following Amendment No. 5A (3620R047.DLT.DOC), which was adopted (#2):

Amend the bill, as and if amended, Part IA, Section 30, JUDICIAL DEPARTMENT, page 200, by inserting after line 23:

COLUMN 7   COLUMN 8

/Center for Fathers & Families   500,000   500,000/

Amend the bill further, as and if amended, Part IB, Section 30, JUDICIAL DEPARTMENT, page 457, after line 34, by adding an appropriately numbered paragraph to read:

/   30.   (JUD: Fathers and Families Initiative) The $500,000 appropriated to the Judicial Department for the South Carolina Center for Fathers and Families must be used by that organization to provide a program for low-income fathers as an alternative to incarceration for nonpayment of child support. The center shall use these funds to administer the program for unemployed or underemployed low-income fathers in eight fatherhood program sites around the state. These sites shall include any of the following counties: Horry, Richland, Lexington, Charleston, Georgetown, Lancaster, Marlboro, Florence, Greenville, or Spartanburg. The program shall assist low-income fathers in the current fiscal year with securing livable wage employment within forty-five days of their admission into the program and provide other core fatherhood services, including parenting and job retention skills. Fathers who are admitted into the program must be required to consistently make their monthly child support payments, pay any monthly arrearage payments which are due, and attend weekly fatherhood meetings. The Center for Fathers and Families shall submit to the Senate Finance Committee and House Ways and Means Committee a complete detailed accounting for the expenditures of these funds by April 30, 2008. At a minimum the report shall consist of a line item listing of expenditures, personnel, site locations, the number of program participants, and the number who successfully complete the program./ Renumber sections to conform. Amend sections, totals and title to conform. Senator THOMAS explained the amendment. The amendment was adopted. Amendment No. 4 Senators FAIR and LEVENTIS proposed the following Amendment No. 4 (DC SCDC QUOTA ELIMINATION.DOC), which was adopted (#3): Amend the bill, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 217, line 32, by: COLUMN 7 COLUMN 8 / STRIKING: 1,832,830 1,832,830 and INSERTING: 908,098 908,098/ Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 217, line 38, by: / STRIKING: 81,450,530 62,315,232 and INSERTING: 80,684,948 61,549,650/ Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 230, line 25, by: / STRIKING: 71,408,827 66,518,091 and INSERTING: 71,131,421 66,240,685/ Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF CORRECTIONS, page 217, after line 38, by inserting new lines to read: / Special Item Quota Elimination 1,967,720 1,967,720/ Amend the bill further, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 473, lines 16-17, paragraph 37.16, by striking the proviso in its entirety, and inserting: / 37.16. (CORR: Prison Industry Funds) The Director of the Department of Corrections, at his discretion, is hereby authorized to utilize prison industry funds for projects or services benefiting the general welfare of the inmate population and the elimination of quotas. The$1,967,720 appropriated in this Act for "Quota Elimination" may be used only in accordance with Proviso 37.36 (Quota Elimination). In the event Proviso 37.36 is deleted from this Act, the funds shall lapse to the General Fund. /

Amend the bill further, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 473, lines 35-36, paragraph 37.19, by striking the proviso in its entirety, and inserting:

/   37.19.   (CORR: Reimbursement for Expenditures) The Department of Corrections may retain for general operating purposes and for the elimination of quotas any reimbursement of funds for expenses incurred in a prior fiscal year. Of the funds reimbursed to the Department in accordance with this provision, the Department may use these funds to accept newly sentenced inmates from each local jail and detention center pursuant to Section 24-3-60 of the 1976 Code and Proviso 37.36 (Quota Elimination) of this Act. In the event Proviso 37.36 is deleted from this Act, the $1,967,720 provided for "Quota Elimination" shall lapse to the General Fund. / Amend the bill further, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 475, line 13, paragraph 37.25, by inserting at the end: / Of the savings realized by releasing inmates in accordance with this provision, the Department may use these funds to accept newly sentenced inmates from each local jail and detention center pursuant to Section 24-3-60 of the 1976 Code and Proviso 37.36 (Quota Elimination) of this Act. In the event Proviso 37.36 is deleted from this Act, the$1,967,720 provided for "Quota Elimination" shall lapse to the General Fund./

Amend the bill further, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 476, lines 32-36, and page 477, lines-1-12, paragraph 37.36, by striking the proviso in its entirety, and inserting:

/   37.36.   (CORR: Quota Elimination) Pursuant to Section 24-3-60 of the 1976 Code, upon notification by the county, the Department of Corrections shall accept newly sentenced inmates from each local jail and detention center.

For sentenced inmates whom the county is willing to transport, the department may limit the acceptance at the Kirkland Correctional Institution to the hours of 8:00 a.m. to 1:00 p.m., Monday through Friday, excluding holidays, and at the Perry and Lieber Correctional Institutions to the hours of 8:00 a.m. to 10:30 a.m., Monday through Friday, excluding holidays.

By mutual agreement between the Department of Corrections and a local jail or detention center, the Department may establish an alternate admissions schedule for receiving inmates at the Reception and Evaluation Center.

At the time of transfer of the inmate to the department, the county shall provide the sentencing order, and if available copies of medical screening records, booking reports, and other documents to assist the Department in its intake processing. Counties that have not completed medical screenings at the time of transfer shall not be required to do so.

In the event there are inadequate beds within the Reception and Evaluation Center, the Department of Corrections may create a "jail" within the Kirkland Correctional Institution using one or more of the available 192-bed housing units to accept newly sentenced state inmates who are awaiting R & E processing. The department may operate such "jail," to the extent feasible, in accordance with standards applicable to the local jails.

The department shall use the funds appropriated in this Act for "Quota Elimination" to accomplish this initiative and to open a 96-bed unit at the MacDougall Correctional Institution and the 192-bed housing units at Kirkland Correctional Institution. The funds may not be transferred to any other program or used for any other purpose. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

Amendment No. 7

Senator ALEXANDER proposed the following Amendment No. 7 (AS- HOSPITAL INFECTIONS REPORT.DOC), which was adopted (#4):

Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 430, paragraph 9.53, line 10, after /Reports./ by inserting / The department is authorized to phase-in the reporting requirements in consultation with the advisory committee appointed pursuant to Section 44-7-2430 of the 1976 Code. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

Amendment No. 8

Senator ALEXANDER proposed the following Amendment No. 8 (AS- DSS CHILD SUPPORT ENFORCEMENT RECOVERED FUNDS.DOC), which was adopted (#5):

Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 435, paragraph 13.2, line 20, by striking the line in its entirety and inserting /The Department of Social Services shall be allowed to utilize the State share of Federally required application fees, collected from /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

Amendment No. 14

Senator McGILL proposed the following Amendment No. 14 (DAD-27.34 CDC CF.DOC), which was adopted (#6):

Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 455, paragraph 27.34, by striking the proviso in its entirety, lines 13 - 15 and inserting:

/   27.34.   (CMRC: Community Development Corporation Carry Forward) The Department of Commerce shall be authorized to carry forward Community Development Corporation Initiative committed and uncommitted funds from the prior fiscal year and to use these funds for the same purpose. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator McGILL explained the amendment.

The amendment was adopted.

Amendment No. 2A

Senator FAIR proposed the following Amendment No. 2A (3620R048.MLF.DOC), which was adopted (#7):

Amend the bill, as and if amended, Part IB, Section 53, DEPARTMENT OF TRANSPORTATION, page 489, after line 13, by adding an appropriately numbered paragraph to read:

/   53.   (DOT: Reopen Rest Areas) The Department of Transportation is directed to utilize the $723,000 appropriated from the General Fund designated "Commercial Motor Vehicle Rest Areas" to reopen seven non-facility parking areas for commercial vehicles only. These locations will be determined by the Department of Transportation in conjunction with the Department of Public Safety. The Department of Transportation shall post signs restricting these parking areas to commercial vehicles and shall post "no trespassing" signs to prohibit pedestrian entry into the areas. The Department of Transportation is directed to ascertain whether federal grants are available in order to supplement the general funds appropriated for this purpose, and if so to make application for such federal grant. Funds appropriated to reopen rest areas may be carried forward from the prior fiscal year and used for the same purpose in the current fiscal year. / Renumber sections to conform. Amend sections, totals and title to conform. Senator FAIR explained the amendment. The amendment was adopted. Amendment No. 27 Senators MARTIN, KNOTTS, O'DELL and ALEXANDER proposed the following Amendment No. 27 (7275AHB07.DOC), which was adopted (#8): Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 498, paragraph 30, by striking the proviso in its entirety, lines 19 - 24 and inserting: / 56DD.30. (GOV:SLED - Sex Offender Registry Fee) Each Sheriff is authorized to charge and collect an annual amount of one hundred fifty dollars from each sex offender required to register by law. If such sex offender has been declared indigent by the Clerk of Court of the county in which the offender must register and provides proof of the declaration at the time of registration, the fee will automatically be waived. If an offender is not declared indigent and fails to pay the fee, he is officially declared unregistered. This fee shall be divided between the Sheriffs and the State Law Enforcement Division with one hundred dollars of the fee retained by the Sheriffs and the remaining fifty dollars remitted by the Sheriffs to SLED on a quarterly basis. These funds must be used to support the Statewide Sex Offender Registry. / Renumber sections to conform. Amend sections, totals and title to conform. Senator MARTIN explained the amendment. The amendment was adopted. RECESS At 2:24 P.M., on motion of Senator SETZLER, the Senate receded from business not to exceed five minutes. At 2:29 P.M., the Senate resumed. Amendment No. 29 Senator THOMAS proposed the following Amendment No. 29 (CL ELECTION SECURITY.DOC), which was ruled out of order: Amend the bill, as and if amended, Part IB, Section 62, ELECTION COMMISSION, page 508, after line 11, by adding an appropriately numbered paragraph to read: /The State Election Commission may petition the circuit court to declare that an election crisis exists in a county where there is probable cause to believe there is nonfeasance, with respect to election security, to jeopardize a fair and impartial election in that county. If the circuit court makes that declaration, the State Election Commission shall appoint an election manager for that county to serve for the duration of the election cycle. County boards of registration and elections, poll managers and any other person participating in the election process in that county shall be subject to the direction of the election manager. Furthermore, each county is directed to follow the security plan set forth by the State Election Commission. Additionally, any computers or election devices for the sole purpose of the election process, shall not be used for any other purpose than election functions. / Renumber sections to conform. Amend sections, totals and title to conform. Senator THOMAS explained the amendment. ACTING PRESIDENT PRESIDES At 2:33 P.M., Senator MARTIN assumed the Chair. Senator THOMAS explained the amendment. Point of Order Senator SETZLER raised a Point of Order that Amendment No. 29 was out of order inasmuch as it was violative of Rule 24A. The ACTING PRESIDENT sustained the Point of Order. The amendment was ruled out of order. Amendment No. 1 Senator LEATHERMAN proposed the following Amendment No. 1 (DAD-SFC CORRECTIVE.DOC), which was adopted (#9): Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 515, paragraph 63.33, lines 24-26, by striking lines 24-26 in their entirety and inserting /owned by, under the control of, or assigned to and shall be used by that agency for non-recurring purposes. The Executive Director of the Budget and Control Board may use up to$1,200,000 of funds retained by the board pursuant to this provision for technology enhancements. This provision applies to all state agencies and departments except: institutions of higher learning; the Public/

Amend the bill further, as and if amended, Part IB, page 588, Section 73, STATEWIDE REVENUE, after line 2, by adding an appropriately numbered paragraph to read:

/   73. .   (SR: Subfund 43A8 Transfer) The State Treasurer shall redirect the $596,616 transferred to Subfund 43A8 - Barnwell Economic Development Fund pursuant to proviso 73.14 of the FY 2006-07 Appropriation Act to the following entities:$200,000 to the Edisto Research and Education Center and $396,616 to the Denmark Branch Library. / Renumber sections to conform. Amend sections, totals and title to conform. Senator LEATHERMAN explained the amendment. The amendment was adopted. Amendment No. 10 Senator McCONNELL proposed the following Amendment No. 10 (DAD-ECN TRANSFER.DOC), which was adopted (#10): Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 522, after line 9, by adding an appropriately numbered paragraph to read: /63. . (BCB: Emergency Communications Network) Of the funds appropriated to the Budget and Control Board for deferred maintenance,$365,000 must be transferred to the Adjutant General's Office, Emergency Preparedness Division for the replacement and operation of the Emergency Communications Network. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 3A

Senator THOMAS proposed the following Amendment No. 3A (3620R049.DLT.DOC), which was adopted (#11):

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 558, after line 31, by adding an appropriately numbered paragraph to read:

/   72. (Attorney Dues) Agencies and offices of the State of South Carolina that employ attorneys are authorized, if they so decide, to use other appropriated funds to pay the costs of mandatory dues owed to the South Carolina Bar Association.       /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

RECESS

At 2:45 P.M., on motion of Senator LEATHERMAN, the Senate receded from business not to exceed thirty minutes.

At 3:25 P.M., the Senate resumed.

Point of Quorum

At 3:25 P.M., Senator RITCHIE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator RITCHIE moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Elliott                   Fair
Ford                      Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Matthews
McConnell                 McGill                    Moore
O'Dell                    Patterson                 Pinckney
Rankin                    Reese                     Ritchie
Ryberg                    Scott                     Setzler
Sheheen                   Short                     Thomas
Vaughn                    Verdin                    Williams

A quorum being present, the Senate resumed.

Amendment No. 12

Senator MOORE proposed the following Amendment No. 12 (CPPOTTERYPROGRAM.DOC), which was adopted (#12):

Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 579, paragraph 73.12, line 23, by striking /(H) Piedmont Pottery Degree Program/ and inserting /(H) Piedmont Pottery Program/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Amendment No. 23

Senator MOORE proposed the following Amendment No. 23 (KWCLEARWATER VILLAGE.DOC), which was adopted (#13):

Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 580, paragraph 73.12, line 29, by striking /(O) Clearwater Village/ and inserting /(O) Aiken County Brownfield Project - Clearwater Village/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Amendment No. 6

Senator ALEXANDER proposed the following Amendment No. 6 (AS-OEPP VICTIMS ASSISTANCE.DOC), which was adopted (#14):

Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 582, paragraph 73.12, line 17, by striking /(SCVAN)/ and inserting /- Ombudsman/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

Amendment No. 34

Senator LEATHERMAN proposed the following Amendment No. 34 (DGNURSE PE.DOC), which was adopted (#15):

Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 13, line 33, by:

COLUMN 7   COLUMN 8

/   STRIKING:   28,040,378   28,040,378

and

INSERTING:   25,000,000   25,000,000/

Amend the bill further, as and if amended, Part IA, Section 1, page 1, line 34, by:

COLUMN 7   COLUMN 8

/   STRIKING:   7,315,200   7,315,200

and

INSERTING:   5,688,911   5,688,911/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Amendment No. 9

Senator McCONNELL proposed the following amendment (DAD-EMERG COMM NETWORK.DOC), which was adopted (#16):

Amend the bill, as and if amended, Part IA, Section 61, ADJUTANT GENERAL'S OFFICE, page 313, by inserting after line 4:

COLUMN 7   COLUMN 8

/SPECIAL ITEM:

EMERGENCY COMMUNICATIONS NETWORK   365,000   365,000/

Amend the bill further, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 325, line 16, opposite /DEFERRED MAINTENANCE/ by:

COLUMN 7   COLUMN 8

/   STRIKING:   7,500,000   7,500,000

and

INSERTING:   7,135,000   7,135,000/

Amend the bill further, as and if amended, Part IB, page 506, Section 61, ADJUTANT GENERAL'S OFFICE, after line 7, by adding an appropriately numbered paragraph to read:

/ 61. . (ADJ: Emergency Communications Network) The $365,000 appropriated to the Adjutant General's Office, Emergency Preparedness Division for the Emergency Communications Network (ECN) must be used for the replacement and operation of the ECN. / Renumber sections to conform. Amend sections, totals and title to conform. Senator McCONNELL explained the amendment. The amendment was adopted. Amendment No. 32A Senator COURSON proposed the following Amendment No. 32A (DGCOLL TRANS CONN.DOC), which was adopted (#17): Amend the bill, as and if amended, Part IA, Section 5A, COMMISSION ON HIGHER EDUCATION, page 30, line 8, by: COLUMN 7 COLUMN 8 / STRIKING: CHARLESTON TRANSITION COLLEGE 10,000 10,000 and INSERTING: COLLEGE TRANSITION CONNECTION 10,000 10,000/ Amend the bill further, as and if amended, Part 1B, page 578, Section 73, STATEWIDE REVENUE, paragraph 73.12, after line 17 by inserting an appropriately numbered item to read: / ( ) College Transition Connection 290,000/ Amend the bill further, as and if amended, Part IB, page 578, Section 73, STATEWIDE REVENUE, paragraph 73.12, by striking line 21 and inserting: / (C) Deferred Maintenance 105,000/ Amend the bill further, as and if amended, Part IB, page 579, Section 73, STATEWIDE REVENUE, paragraph 73.12, by striking line 4 and inserting: / (F) Gibbs Green Renovation 105,000/ Renumber sections to conform. Amend sections, totals and title to conform. Senator COURSON explained the amendment. The amendment was adopted. Amendment No. 22 Senator PEELER proposed the following Amendment No. 22 (LNREDOEFATECHNICAL.DOC), which was adopted (#18): Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 362, paragraph 1.3, lines 25-27, by striking:/Any unallocated Education Finance Act funds at the end of the current fiscal year must be allocated to the school districts for school building aid on a nonmatching basis on the same basis that districts receive Education Finance Act allocations and/or for Summer School./ Renumber sections to conform. Amend sections, totals and title to conform. Senator HAYES explained the amendment. The amendment was adopted. Amendment No. 25 Senator HAYES proposed the following Amendment No. 25 (DGSHARED ADMIN SERVICES.DOC), which was adopted (#19): Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 400, paragraph 1A.72, by striking line 34 and 35 and inserting: / instruction and instructional support. Any school district enrolling fewer than 7,500 students and not a county-wide district shall be encouraged to choose among the following options: (1) organize with similar school districts into administrative units serving / Renumber sections to conform. Amend sections, totals and title to conform. Senator HAYES explained the amendment. The amendment was adopted. Amendment No. 33A Senators MATTHEWS, HUTTO and SHEHEEN proposed the following Amendment No. 33A (3620R051.JWM.DOC), which was adopted (#20): Amend the bill, as and if amended, Part IB, Section 50, DEPARTMENT OF LABOR, LICENSING AND REGULATION, page 489, after line 10, by adding an appropriately numbered paragraph to read: / 50.___. (LLR: Board of Pharmacy- Pharmacy Technician Certification Requirements) Of the funds appropriated to Labor, Licensing and Regulation for Professional &Occupational Licensing, a one-time certification process must be implemented for the certification of Pharmacy Technicians who have met the academic and supervised practice requirements as of November of 2004, but not all of the required information was submitted in accordance with the Board's submission requirements. These individuals must have met all the requirements of Section 40-43-82 (A) (B) (C). / Renumber sections to conform. Amend sections, totals and title to conform. Senator HUTTO explained the amendment. The amendment was adopted. Amendment No. 36 Senator REESE proposed the following Amendment No. 36 (DAD-51.4 REINSERT.DOC), which was adopted (#21): Amend the bill, as and if amended, Part IB, Section 51, EMPLOYMENT SECURITY COMMISSION, page 486, paragraph 51.4, by striking the proviso in its entirety, lines 24 - 32 and inserting: / 51.4. (ESC: Spartanburg County Land Acquisition) The Employment Security Commission is authorized to expend up to$500,000 of funds made available to the State under Section 903 of the United States Social Security Act, as amended. The funds must be used under the direction of the Employment Security Commission, for the purpose of acquiring land in Spartanburg County on which to erect a building for the use of the Employment Security Commission. Approval of the site must be obtained from the Spartanburg delegation with a three-fourth vote based on weighted population. No part of the money herein appropriated may be obligated after a two-year period beginning on July 1, 2005 2006. The amount obligated pursuant to this proviso shall not at any time exceed the amount by which (a) the aggregate of amounts transferred to the accounts of the State pursuant to Section 903 of the Social Security Act exceeds (b) the aggregate of the amounts obligated for administration and paid out for administration and paid out for benefits and required by law to be charged against the amounts transferred to the account of this State./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator REESE explained the amendment.

The amendment was adopted.

Amendment No. 40

Senator MARTIN proposed the following Amendment No. 40 (3620R050.LAM.DOC), which was adopted (#22):

Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 498, paragraph 30, by striking the proviso in its entirety, line 19 - 24 and inserting:

/ 56DD.30.   (GOV:SLED - Sex Offender Registry Fee) Each Sheriff is authorized to charge and collect an annual amount of one hundred fifty dollars from each sex offender required to register by law. If such sex offender has been declared indigent by the Sheriff of the county in which the offender must register and provides proof of the declaration at the time of registration, the fee will automatically be waived. If an offender is not declared indigent and fails to pay the fee, he is officially declared unregistered. This fee shall be divided between the Sheriffs and the State Law Enforcement Division with one hundred dollars of the fee retained by the Sheriffs and the remaining fifty dollars remitted by the Sheriffs to SLED on a quarterly basis. These funds must be used to support the Statewide Sex Offender Registry. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Point of Order

Senator McCONNELL raised a Point of Order that Proviso 1A.68 was out of order inasmuch as it was violative of Rule 24A.

1A.68.   (SDE-EIA: 3 Year Technical Assistance Plan) Notwithstanding any other provision of law, no school that received technical assistance funding in Fiscal Year 2006-07 and that implemented a three-year technical assistance plan approved by the Department of Education shall receive a reduction in those funds in Fiscal Year 2007-08 or subsequent years until the three-year technical assistance plan has expired. At the end of the three-year period, the Department of Education will determine if the school has met measured progress, has fully implemented systemic reform, and has built local education capacity to sustain academic achievement

The ACTING PRESIDENT took the Point of Order under advisement.

Point of Order

Senator McCONNELL raised a Point of Order that Proviso 1A.69 was out of order inasmuch as it was violative of Rule 24A.

1A.69.   (SDE-EIA: XI.E.2-Public Choice Innovation Schools) With the funds provided, a grant program will be established to support the creation of Public Choice Innovation Schools in South Carolina and to provide for their evaluation. These schools are public choice alternatives for 4-kindergarten - grade 8 students enrolled in the public schools rated Unsatisfactory or Below Average or students enrolled in public schools rated Average or above and who scored Basic or below on any two or more subject area grade level PACT assessments in grades 3-7 during the most recent school year. The goal of Public Choice Innovation Schools is to demonstrate leadership in instructional, administrative or personnel practices yielding strong student academic achievement.

To assist entities in operating innovation schools, a grants program would be established by the State Board of Education. The grant would be for a minimum of five years with the first year of funding for planning and equipping purposes and the remaining years of supplemental funding for operation of the innovation school. Entities eligible to receive a grant include public and private partnerships. Partnerships include an educational management organization, a private corporation, an institution of higher education, a consortium of public schools districts and/or a contractual relationship between a private entity and a public school district. In the application process, partnerships must demonstrate at least one of the following strategies in improving leadership and academic achievement: changes in teacher compensation to address geographic or certification barriers and/or to offer performance incentives; utilization of novel leadership and administrative policies and procedures, to include preparation and certification of administrators, operational procedures and costs shared with other entities; continuous progress of students between 4-kindergarten - grade 8; virtual delivery of substantial portions of the curriculum; and novel or non-traditional uses of time, space and technology in the instructional delivery of state academic content standards; or a combination of these strategies. The first year planning grant to each proposed school would be $100,000 with innovation schools also eligible to receive additional grant funds for equipment and facilities not to exceed$400,000 per partnership. In year two of the grant the partnership would receive funds for operation of the school to include a maximum grant of $300,000 in supplement of the per pupil revenues from federal, state and local sources. In years three through five the school would continue to receive grant funds but at the maximum level of eighty percent of each previous year's grant. Funding per innovation school would be dependent upon: state per pupil allocations; supplementary allocations equal to local spending levels in the sending school; transportation allowance equivalent to the state per pupil transportation expenditure; and federal funds as applicable to the student population. In year six and beyond, the innovation school would receive a minimum supplement of$100,000.

Eligible to attend the Public Choice Innovation schools are students who meet one of the following conditions: (1) are enrolled in 4-kindergarten through grade 8 and are assigned to or enrolled in a school rated Below Average or Unsatisfactory; or (2) are enrolled in schools with an absolute rating of Average or above and scored Basic or below on any two or more subject area grade level PACT assessments in grades 3 through 7 during the most recent school year. Students are not required to attend a Public Choice Innovation School in their district of residence. As long as no eligible student is denied admission, the Public Choice Innovation School may accept other students as their parents choose to enroll them and receive funding as previously defined. Once a student is enrolled in a Public Choice Innovation School, the child is guaranteed enrollment in the appropriate grades as long as the school remains in operation, unless the student violates behavioral expectations, or the parents choose to transfer the student to another school for which the student is eligible. An innovation school may not discriminate against any student on the basis of race, color, national origin, gender, disability or prior academic performance.

Public Choice Innovation Schools are required to participate in the statewide testing program; however, the schools shall not receive Education Accountability Act ratings until the second year of operation. The initial rating addresses student performance in the second year of operations. A Public Choice Innovation School may establish terms of employment and contracts with educators in accordance with the partnership agreement. If an employee of a local school district makes a written request for leave to be employed at a Public Choice Innovation School, the school district shall grant the leave for up to five years as requested by the employee. The school district may require that the request for leave or extension of leave be made by the date provided for by state law for the return of teachers' contracts. Employees may return to employment with the local school district at its option with the same teaching or administrative contract status as when they left but without assurance as to the school or supplemental position to which they may be assigned. Public Choice Innovation Schools are exempt from education program instruction and facility regulations except those regulations which protect the health and safety of the student and educator.

An independent longitudinal evaluation of Public Choice Innovation Schools is to be conducted or contracted by the Education Oversight Committee and must include a value-added component so that valid comparisons can be made to student performance in traditional public schools and public charter schools.

The ACTING PRESIDENT took the Point of Order under advisement.

Point of Order

Senator McCONNELL raised a Point of Order that Proviso 1AA.7 was out of order inasmuch as it was violative of Rule 24A.

1AA.7.   (LEA: FY 07-08 Lottery Funding) There is appropriated from the Education Lottery Account for the following education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control Board as directed below. These appropriations must be used to supplement and not supplant existing funds for education.

The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as provided in this section.

All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year including any interest earnings, which shall be used to support the appropriations contained below.

For Fiscal Year 2007-08 certified net lottery proceeds and investment earnings and any other proceeds identified by this provision are appropriated as follows:

(1)   Commission on Higher Education--Tuition Assistance Two-Year Institutions   $50,000,000; (2) Commission on Higher Education--LIFE Scholarships as provided in Chapter 149 of Title 59$   62,604,207;

(3)   Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370   $7,144,909; (4) Commission on Higher Education--Palmetto Fellows Scholarships as provided in Section 59-104-20$   21,423,660;

(5)   Commission on Higher Education--Need-Based Grants   $13,746,093; (6) Tuitions Grants Commission--Tuition Grants$   7,766,604;

(7)   Commission on Higher Education--National Guard Tuition Repayment Program as provided in Section 59-111-75   $1,700,000; (8 Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2$   30,000,000;

(9)   South Carolina State University   $2,500,000; (10) Technology--Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges$   5,600,000;

(11)   Department of Education--K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525   $47,614,527; (12) Department of Education--Grades 6-8 Reading, Math, Science & Social Studies Program$   2,000,000;

(13)   Commission on Higher Education--Higher Education Excellence Enhancement Program   $4,700,000; (14) School for the Deaf and the Blind--Technology Replacement$   200,000;   and

(15)   State Library--Local Libraries   $1,000,000. Fiscal Year 2007-08 funds appropriated to the Commission on Higher Education for Tuition Assistance must be distributed to the technical colleges and 2-year institutions as provided in Section 59-150-360. The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items in order to ensure the timely receipt of scholarships and tuition assistance. It is the goal of the General Assembly to fund the Tuition Assistance program at such a level to support at least$996 per student per term for full time students.

Fiscal Year 2007-08 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment earnings for this period are appropriated and must be used to ensure that all LIFE, Palmetto Fellows, and HOPE scholarships for Fiscal Year 2007-08 are fully funded.

If the lottery revenue received for Fiscal Year 2007-08 is less than the amounts appropriated, the projects and programs receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction must not be applied to the funding of LIFE, HOPE, and Palmetto Fellows Scholarships.

The Commission on Higher Education is authorized to use up to $260,000 of the funds appropriated in this provision for LIFE, HOPE, and Palmetto Fellows scholarships to provide the necessary level of program support for the scholarship award process. For Fiscal Year 2007-08,$8,400,000 certified from unclaimed prizes shall be appropriated for Technology: Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges. The allocations of Section 59-150-230(I) of the 1976 code are suspended for the current fiscal year.

Of any unclaimed prize funds available in excess of the Board of Economic Advisors estimate, the first $750,000 shall be directed to the Department of Education to implement the Schools Attuned program. The next$500,000 shall be directed to the Department of Alcohol and Other Drug Abuse Services for services assisting in the prevention and treatment of gambling disorders as specified in Section 59-150-230(I) of the 1976 Code. All additional revenue in excess of the amount certified by the Board of Economic Advisors for unclaimed prizes shall be distributed to the Commission on Higher Education to be used as a funding source to implement the provisions of H.3170 of 2007. In the event H.3170 is not enacted into law, the funds shall be distributed to the Department of Education and shall be utilized to purchase school buses.

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

The ACTING PRESIDENT took the Point of Order under advisement.

Point of Order

Senator McCONNELL raised a Point of Order that Proviso 8.20 was out of order inasmuch as it was violative of Rule 24A.

8.20.   (DHHS: Prescription Reimbursement Payment Methodology) The prescription dispensing fee for the current fiscal year is not less than $4.05 per prescription filled. Prescription reimbursements must be the lowest of: the federal upper limit of payment or South Carolina maximum allowable cost (MAC) for the drug, if any, less 10% plus the current dispensing fee; the average wholesale price (AWP) less 10%; or the provider's usual and customary charge to the general public for the dispensed product. The Department of Health and Human Services shall adjust the dispensing fee as necessary to offset any negative change in the federal reimbursement methodology from the prior fiscal year. The department shall submit a report by January 31, 2008 to the Chairmen of the House Ways and Means Committee and the Senate Finance Committee summarizing any changes in the federal reimbursement methodology and the impact of the changes on the state prescription reimbursement payment. The ACTING PRESIDENT took the Point of Order under advisement. Point of Order Senator McCONNELL raised a Point of Order that Proviso 9.16 was out of order inasmuch as it was violative of Rule 24A. 9.16. (DHEC: Pharmacist Permits) The Department of Health and Environmental Control shall be exempted from the requirements of Section 40-43-83 of the 1976 Code of Laws, as amended, as it relates to the requirement that all facilities distributing or dispensing prescription drugs must be permitted by the Board of Pharmacy and the requirement that each pharmacy shall have a pharmacist-in-charge. Each DHEC Health District shall be required to have a permit to distribute or dispense prescription drugs. Further, the department shall be exempted from the requirements of Section 40-43-86 of the 1976 Code of Laws, as amended, as it relates to the requirement that a pharmacist may not serve as pharmacist-in-charge unless he is physically present in the pharmacy and the requirement that a pharmacist may not serve as a pharmacist-in- charge for more than one pharmacy at a time, so that one pharmacist-in-charge may be designated by the department for more that one district. The ACTING PRESIDENT took the Point of Order under advisement. Point of Order Senator McCONNELL raised a Point of Order that Proviso 8.13 was out of order inasmuch as it was violative of Rule 24A. 8.13. (DHHS: Generic Drugs) With respect to prescriptions reimbursed through the South Carolina Medicaid Program, Medicaid recipients for whom the pharmaceuticals are intended are deemed to have consented to substitution of a less costly equivalent generic product which will result in a cost savings to the South Carolina Medicaid program. Therefore, individual patient consent for substitution as required in S.C. Code of Laws Section 40-43-86(H)(6) shall not be required. The ACTING PRESIDENT took the Point of Order under advisement. Point of Order Senator McCONNELL raised a Point of Order that Proviso 8.34 was out of order inasmuch as it was violative of Rule 24A. 8.34. (DHHS: Federally Qualified Health Centers-Pharmacies) (A) Federally qualified health centers are exempt from provisions of Chapter 43, Title 40 of the 1976 Code that require: (1) all facilities distributing or dispensing prescription drugs to be permitted by the Board of Pharmacy; (2) each pharmacy to have a pharmacist-in-charge; (3) a pharmacist to be physically present in the pharmacy or health center delivery site in order to serve as the pharmacist-in-charge; (4) a pharmacist to serve as a pharmacist-in-charge for only one pharmacy at a time. (B) A federally qualified health center must be recognized as a covered entity under Section 40-43-60(I) of the 1976 Code allowing licensed practitioners, as defined by Section 40-43-30(45), to dispense drugs or devices that are the lawful property of the practitioner or the corporation. (C) A federally qualified health center may transport medications in the same manner as allowed by laws for free clinics and/or private physician practices. The ACTING PRESIDENT took the Point of Order under advisement. Point of Order Senator McCONNELL raised a Point of Order that Proviso 9.32 was out of order inasmuch as it was violative of Rule 24A. 9.32. (DHEC: Use of Radiological Fees) Notwithstanding Section 13-7-85 of the 1976 Code of Laws, 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). The ACTING PRESIDENT took the Point of Order under advisement. Point of Order Senator McCONNELL raised a Point of Order that Proviso 13.27 was out of order inasmuch as it was violative of Rule 24A. 13.27. (DSS: Child Support Enforcement System) The Department of Social Services is directed to provide a detailed report to the General Assembly by August 31st of the current fiscal year on the status of the Child Support Enforcement System. The report shall include, but not be limited to, actions currently being undertaken to become compliant with federal government requirements; the cost required to meet minimum federal guidelines; total funds spent so far on the system; the amount of fines assessed by the federal government associated with non-compliance; how much has been spent to satisfy actions taken by the state judicial system; and how much has been spent related to actions taken by any other entity which may have altered the amount required for meeting minimum federal guidelines. The ACTING PRESIDENT took the Point of Order under advisement. Point of Order Senator McCONNELL raised a Point of Order that Proviso 14.3 was out of order inasmuch as it was violative of Rule 24A. 14.3. (BLIND: Patriot's Point Vendor Exemption) For the current fiscal year, the provisions of Chapter 26, Title 43 of the 1976 Code pertaining to rules regulating vending facilities operated by persons who are blind do not apply to the Patriots Point Development Authority. The ACTING PRESIDENT took the Point of Order under advisement. Point of Order Senator McCONNELL raised a Point of Order that Proviso 22.14 was out of order inasmuch as it was violative of Rule 24A. 22.14. (AGRI: Feed Label Registration) The Department of Agriculture is authorized to require the annual registration of feed labels by manufacturers and to charge a fee of$15.00 for such registrations. Revenues generated by these fees shall be retained and used by the department to offset expenses incurred in operating the Feed Inspection Program.

The ACTING PRESIDENT took the Point of Order under advisement.

Point of Order

Senator McCONNELL raised a Point of Order that Proviso 32.6 was out of order inasmuch as it was violative of Rule 24A.

32.6.   (AG: Complex Criminal Litigation-Palmetto Exile Prosecutions) Notwithstanding the maximum amount allowed in the Complex Criminal Litigation Fund pursuant to Sections 14-1-206, 14-1-207, and 14-1-208 of the 1976 Code, for the current fiscal year an additional $77,500 may be retained in the fund and used by the Attorney General for the expenses of prosecutions under the Palmetto Exile Project, and such prosecutions are deemed complex criminal litigation for purposes of determining the uses to which the revenue of the fund may be applied. The ACTING PRESIDENT took the Point of Order under advisement. Point of Order Senator McCONNELL raised a Point of Order that Proviso 35.10 was out of order inasmuch as it was violative of Rule 24A. 35.10. (INDEF: Application Fee for Appointment of Counsel) For the current fiscal year, the application fee for public defender services payable under Section 17-3-30(B) is increased to forty ($40) dollars.

The ACTING PRESIDENT took the Point of Order under advisement.

Point of Order

Senator McCONNELL raised a Point of Order that Proviso 36.14 was out of order inasmuch as it was violative of Rule 24A.

36.14.   (DPS: Law Enforcement Subsistence) The provisions of Section 56-19-420(B)(1) of the 1976 Code are suspended for the current fiscal year and instead of the allocation provided pursuant to that subitem, the first one million dollars must be deposited into the State General Fund and used to increase the subsistence allowance for law enforcement officers. For the current year the subsistence deduction allowed pursuant to Section 12-6-1140(6) of the 1976 Code is increased to eight dollars for each regular work day.

The ACTING PRESIDENT took the Point of Order under advisement.

Point of Order

Senator McCONNELL raised a Point of Order that Proviso 36A.5 was out of order inasmuch as it was violative of Rule 24A.

36A.5.   (DMV: License Fees) Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of revenues, all revenues derived under Title 56 credited to the Department of Motor Vehicles must be credited to the General Fund of the State, except for those fees collected to recover the costs of the production, purchase, handling and mailing of documents, publications, records, and data sets, those fees collected under Sections 56-5-2951 and 56-1-286 for supplying and maintaining video cameras in law enforcement vehicles used for traffic enforcement and the issuance of the alcohol restricted license, those fees designated under Section 56-1-1320 to be used by the Department of Public Safety to hire, train, and equip members of the highway patrol and state transport police, and the revenues of fees imposed pursuant to Sections 56-1-170, 56-1-286, 56-1-390, 56-1-740, 56-1-745, 56-1-746, 56-5-750, 56-5-2951, 56-9-430, 56-10-260, and 56-10-270, but only the revenues of that portion of these fees that represents increases in the rate of these fees over rates in effect June 30, 2001, to be used by the department to defray the expenses of the Department of Motor Vehicles.

The ACTING PRESIDENT took the Point of Order under advisement.

Point of Order

Senator McCONNELL raised a Point of Order that Proviso 36A.6 was out of order inasmuch as it was violative of Rule 24A.

36A.6.   (DMV: Expedited Documents and Records Upon Request) The Department of Motor Vehicles may collect a surcharge, not to exceed $20 per document, in addition to normal fees to expedite requests for copies of documents and records at the option of the requesting party. Requested documents or records will be available within 72 hours of receipt of the expedited request. Normal document and record processing time will be not more than 30 days. Funds derived from these sources shall be retained by the department. The ACTING PRESIDENT took the Point of Order under advisement. Point of Order Senator McCONNELL raised a Point of Order that Proviso 36A.12 was out of order inasmuch as it was violative of Rule 24A. 36A.12. (DMV: Motor Carrier Registration Fees) Notwithstanding any other provisions of law, administration of Articles 3 and 5, of Chapter 23 of Title 58, shall be funded from the motor carrier registration fees collected by the department that previously were collected by the Public Service Commission. All unexpended funds from prior years collected under this proviso may be retained and carried forward by the department for the same purposes. The ACTING PRESIDENT took the Point of Order under advisement. Point of Order Senator McCONNELL raised a Point of Order that Proviso 36B.3 was out of order inasmuch as it was violative of Rule 24A. 36B.3. (LETC: CJA-Miscellaneous Revenue) Notwithstanding any other provisions of law, revenue received from the sale of meals to employees and students attending non-mandated, advanced, or specialized training courses, sale of student locks and materials, sale of legal manuals and other publications, postal reimbursement, photo copying, sale of miscellaneous refuse and recyclable materials, tuition from non-mandated, advanced, or specialized courses, coin operated telephones, revenue from E-911 and Coroner training, private college tuition, and revenue from canteen operations and building management services, revenue from "Crime-to-Court" and other Criminal Justice Academy training series shall be retained by the Academy and expended in budgeted operations for food services, expansion of the department's distance learning programs, professional training, fees and dues, clothing allowance and other related services or programs as the Director of the Criminal Justice Academy may deem necessary. The Law Enforcement Training Council, Criminal Justice Academy shall report annually to the General Assembly the amount of miscellaneous revenue retained and carried forward. The ACTING PRESIDENT took the Point of Order under advisement. Point of Order Senator McCONNELL raised a Point of Order that Proviso 56DD.32 was out of order inasmuch as it was violative of Rule 24A. 56DD.32. (GOV: SLED - Compliance/Underage Alcohol/Tobacco Enforcement) Notwithstanding any other provision of law, all initial alcoholic liquor, beer and wine license application fees shall be increased by one hundred dollars, all biennial alcoholic liquor, beer and wine beverage fees and licenses shall be increased by two hundred dollars, and all local operation permit fees shall be increased by fifty dollars. These additional funds shall be collected by the Department of Revenue and as soon as practicable allocated to the State Law Enforcement Division to offset the costs of inspections, investigations, and enforcement. SLED is authorized to receive, expend and carry forward these funds. The ACTING PRESIDENT took the Point of Order under advisement. Point of Order Senator McCONNELL raised a Point of Order that Proviso 56DD.34 was out of order inasmuch as it was violative of Rule 24A. 56DD.34. (GOV: SLED - Coin Operated Device Enforcement) The Department of Revenue is authorized to assess an additional fee of fifty dollars on each Class Two coin operated machine license authorized in Section 12-21-2720. These funds shall be collected by the Department of Revenue and sent to the State Law Enforcement Division to offset the cost of video gaming enforcement. The State Law Enforcement Division shall retain, expend, and carry forward these funds. The ACTING PRESIDENT took the Point of Order under advisement. Point of Order Senator McCONNELL raised a Point of Order that Proviso 58.1 was out of order inasmuch as it was violative of Rule 24A. 58.1. (SS: Charitable Funds Solicitation - Fire Dept/Rescue Squads) A fire department or rescue squad conducting or intending to conduct a professional solicitation of charitable funds may comply with the registration and fee requirements of Chapter 56, Title 33 of the 1976 Code if the local governing body having jurisdiction over that department or squad and other departments or squads in its area singly registers the multiple departments or squads annually and pays a single annual registration fee to the Secretary of State of fifty dollars pursuant to Section 33-56-30. The single annual registration and fee payment of fifty dollars effectively registers all fire departments and rescue squads within the jurisdiction of the local governing body. The ACTING PRESIDENT took the Point of Order under advisement. Point of Order Senator McCONNELL raised a Point of Order that Proviso 72.61 was out of order inasmuch as it was violative of Rule 24A. 72.61. (GP: Personnel Administration Exemption) Employees of the Offices of the Lieutenant Governor, Secretary of State, State Treasurer, Attorney General, Comptroller General, Superintendent of Education, Adjutant General, and the Commissioner of Agriculture shall be exempt from the provisions of Article 5, Chapter 17, Title 8 of the 1976 Code of Laws, as amended, if those employees report directly to a constitutional officer or report directly to a person who reports directly to a constitutional officer. Additionally, management employees of the Department of Alcohol and Other Drug Abuse Services, the Department of Commerce, the Department of Corrections, the Department of Health and Human Services, the Department of Insurance, the Department of Juvenile Justice, the Department of Labor, Licensing and Regulation, the Department of Parks, Recreation and Tourism, the Department of Probation, Parole, and Pardon Services, the Department of Revenue, the Department of Social Services, the State Law Enforcement Division, the Department of Motor Vehicles, and the Department of Public Safety shall be exempt from the provisions of Article 5, Chapter 17, Title 8 of the 1976 Code of Laws, as amended, if those employees report directly to the agency head or report directly to a person who reports directly to the agency head. The ACTING PRESIDENT took the Point of Order under advisement. Point of Order Senator McCONNELL raised a Point of Order that Proviso 72.76 was out of order inasmuch as it was violative of Rule 24A. 72.76. (GP: Correctional Officer Retention) For the current fiscal year, the provisions of Section 23-6-405, which pertain to reimbursement for mandatory training of a government employee subsequently hired by another governmental entity, also apply to Correctional Officers and Juvenile Correctional Officers. The ACTING PRESIDENT took the Point of Order under advisement. Point of Order Senator McCONNELL raised a Point of Order that Proviso 72.89 was out of order inasmuch as it was violative of Rule 24A. 72.89. (GP: Workers' Compensation for Voluntary Constables) For Fiscal Year 2006-07 the current fiscal year, a voluntary constable appointed pursuant to Section 23-1-60, of the 1976 Code, as amended, must be included under the provisions of the workers' compensation laws only while performing duties in connection with his appointment and as authorized by the State Law Enforcement Division. The workers' compensation premiums for these constables must be paid from the funds appropriated for this purpose upon warrant of the Chief of the State Law Enforcement Division. The ACTING PRESIDENT took the Point of Order under advisement. Point of Order Senator McCONNELL raised a Point of Order that Proviso 72.104 was out of order inasmuch as it was violative of Rule 24A. 72.104. (GP: Court Appointment Deferral Fund) For the current fiscal year, there is established the Civil Court Appointment Deferral Fund and Criminal Court Appointment Deferral Fund to be maintained by the Commission on Indigent Defense for the sole purpose of allowing an attorney licensed to practice law in this State, who is not otherwise exempt from appointment pursuant to Rule 608(d), a one-year optional exemption from appointment to represent an indigent person in accordance with the requirements of Rule 608 upon the payment of a set fee of$2,000.

Payment of the fee by persons subject to appointment in civil matters will be deposited into the Civil Court Appointment Deferral Fund and must be used by the commission to retain on a contractual basis the services of attorneys to handle civil court appointments. Payment of the fee by persons subject to appointment in criminal matters will be deposited into the Criminal Court Appointment Deferral Fund and must be used by the commission to retain on a contractual basis the services of attorneys to handle criminal court appointments. The Commission on Indigent Defense shall notify the South Carolina Bar, upon receipt of deferral fees presented, of the names of those persons paying the fees. The Commission on Indigent Defense shall retain information and data on the two Deferral Funds and submit a report to the Senate Finance Committee and House Ways and Means Committee within 60 days of the end of each fiscal year. The report shall at a minimum include an accounting of the revenue collected and the expenditure of the revenue for each Fund.

The ACTING PRESIDENT took the Point of Order under advisement.

Amendment No. 45

Senator RYBERG proposed the following Amendment No. 45 (3620R026.WGR.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 516, by striking Proviso 63.35 in its entirety.

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RYBERG explained the amendment.

Senator LAND moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 31; Nays 9

AYES

Alexander                 Anderson                  Cromer
Elliott                   Ford                      Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McConnell                 McGill
Moore                     O'Dell                    Patterson
Pinckney                  Rankin                    Reese
Ritchie                   Scott                     Setzler
Sheheen                   Short                     Thomas
Williams

Total--31

NAYS

Bryant                    Campsen                   Courson
Fair                      Gregory                   Grooms
Hawkins                   Ryberg                    Verdin

Total--9

The amendment was laid on the table.

Amendment No. 46

Senator RYBERG proposed the following Amendment No. 46 (3620R027.WGR.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 516, by striking Proviso 63.37 in its entirety.

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RYBERG explained the amendment.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 47

Senator RYBERG proposed the following Amendment No. 47 (3620R028.WGR.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 518, by striking Proviso 63.44 in its entirety.

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RYBERG explained the amendment.

Senator KNOTTS moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 35A

Senator FAIR proposed the following Amendment No. 35A (3620R053.MLF.DOC), which was adopted (#23):

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 542, line 7, paragraph 72.14, by inserting at the end:

/   Beginning April 1, 2008, and ending on the last day of Fiscal Year 2008, the State shall forego any commissions or revenues for the provision of pay telephones in institutions of the Department of Corrections and the Department of Juvenile Justice for use by inmates. The State Budget and Control Board shall ensure that the telephone rates charged by vendors for the use of those telephones must be reduced to reflect this foregone state revenue.   /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

Amendment No. 24

Senators MOORE and SETZLER proposed the following Amendment No. 24 (CPAIKENTECH.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 578, by striking line 9 and inserting:

/   (A) Greenville Technical College               973,000

Amend the bill further, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 579, by adding an appropriately numbered item after line 25 to read:

/   ( ) Aiken Technical College                   150,000 /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 51

Senator THOMAS proposed the following Amendment No. 51 (3620R052.DLT.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 577, paragraph 73.12, line 5, by striking:
/ (F) National Bean Market Museum of South Carolina   950,000/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator McGILL explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 25; Nays 14

AYES

Anderson                  Elliott                   Ford
Gregory                   Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Leventis                  Lourie
Malloy                    Martin                    Matthews
McGill                    Moore                     O'Dell
Patterson                 Pinckney                  Rankin
Reese                     Scott                     Setzler
Williams

Total--25

NAYS

Alexander                 Bryant                    Campsen
Courson                   Cromer                    Fair
Grooms                    Hawkins                   McConnell
Ritchie                   Ryberg                    Thomas
Vaughn                    Verdin

Total--14

The amendment was laid on the table.

Amendment No. 38

Senators THOMAS and JACKSON proposed the following Amendment No. 38 (CL VOTER EDUCATION TWO.DOC), which was adopted (#24):

Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 578, paragraph 73.12, line 5, by striking:

/(B) Operations............500,000/
and inserting

/(B) Operations................250,000/

Amend the bill further, as and if amended, Part IB, page 578, paragraph 73.12, by inserting after line 6:

/(D) Voter Education..................250,000/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Amendment No. 50

Senator THOMAS proposed the following Amendment No. 50 (3620R042.DLT.DOC), which was adopted (#25):

Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 578, by striking lines 9 and 10 and inserting:

/     (A)   Greenville Technical College               573,000

(B)   University Center of Greenville             1,050,000/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Amendment No. 43

Senator MATTHEWS proposed the following Amendment No. 43 (DAD-73.12 MINORITY BUS CTR.DOC), which was adopted (#26):

Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 581, paragraph 73.12, line 36, opposite / (E) Community Development Corporations /by striking /500,000;/ and inserting /400,000;/

Amend the bill further, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 582, after line 7 by adding an appropriately numbered item under /Department of Commerce/ to read:

/( ) Minority Business Centers   100,000; /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator MATTHEWS explained the amendment.

The amendment was adopted.

Amendment No. 48

Senator GROOMS proposed the following Amendment No. 48 (3620R041.KLB.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, by adding an appropriately numbered new proviso to read:

/   73.   (SR: Tax Relief Revenue Reduction) If the General Assembly provides in any act or joint resolution for a reduction in the state income tax that results in an eighty-one million dollar reduction in the amount of revenue from this source projected to be available for appropriation in this Act, then each amount appropriated in Part IA of this Act is considered to be reduced by a proportional percentage necessary to compensate for the reduction in revenue.   /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator GROOMS explained the amendment.

Point of Order

Senator HUTTO raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A.

Senator LEATHERMAN spoke on the Point of Order.

Senator GROOMS spoke on the Point of Order.

Senator RITCHIE spoke on the Point of Order.

Senator MOORE spoke on the Point of Order.

The ACTING PRESIDENT overruled the Point of Order.

Senator GROOMS resumed explaining the amendment.

Senator LAND moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 24; Nays 17

AYES

Alexander                 Anderson                  Elliott
Ford                      Hayes                     Hutto
Jackson                   Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McGill
Moore                     O'Dell                    Patterson
Pinckney                  Reese                     Setzler
Sheheen                   Short                     Williams

Total--24

NAYS

Bryant                    Campsen                   Cleary
Courson                   Cromer                    Fair
Gregory                   Grooms                    Hawkins
Knotts                    McConnell                 Rankin
Ryberg                    Scott                     Thomas
Vaughn                    Verdin

Total--17

The amendment was laid on the table.

Statement by Senator LEATHERMAN

I voted to table Amendment No. 48 for several reasons. First, I have always been a proponent of passing meaningful sales tax relief on grocery items. A sales tax reduction on food helps all of our citizens and especially the working families of our State. I also am fearful that passage of this amendment will eventually hurt the funding of our K-12 schools, our colleges and universities, the needed funds for our law enforcement, health care for our elderly, blind and disabled citizens. For these reasons, I voted to table this amendment.

Statement by Senator Martin

Amendment No. 48 produces an absurd result. For example, debt service and the Constitutional reserve funds are funded based on the appropriations contained in this budget. This amendment envisions a future enactment that would arbitrarily reduce every item appropriated herein, even our Constitutional obligations.

Statement by Senator Alexander

While this is a lofty goal, the impact of this amendment would be to reduce the amount of funds for debt service and to fund the various reserve funds, which could have a negative impact on the credit rating of this State.

Decision by the Acting President

The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 1A.68 was out of order inasmuch as it was violative of Rule 24A.

1A.68.   (SDE-EIA: 3 Year Technical Assistance Plan) Notwithstanding any other provision of law, no school that received technical assistance funding in Fiscal Year 2006-07 and that implemented a three-year technical assistance plan approved by the Department of Education shall receive a reduction in those funds in Fiscal Year 2007-08 or subsequent years until the three-year technical assistance plan has expired. At the end of the three-year period, the Department of Education will determine if the school has met measured progress, has fully implemented systemic reform, and has built local education capacity to sustain academic achievement

The ACTING PRESIDENT sustained the Point of Order.

Proviso 1A.68 was ruled out of order.

Decision by the Acting President

The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 1A.69 was out of order inasmuch as it was violative of Rule 24A.

1A.69.   (SDE-EIA: XI.E.2-Public Choice Innovation Schools) With the funds provided, a grant program will be established to support the creation of Public Choice Innovation Schools in South Carolina and to provide for their evaluation. These schools are public choice alternatives for 4-kindergarten - grade 8 students enrolled in the public schools rated Unsatisfactory or Below Average or students enrolled in public schools rated Average or above and who scored Basic or below on any two or more subject area grade level PACT assessments in grades 3-7 during the most recent school year. The goal of Public Choice Innovation Schools is to demonstrate leadership in instructional, administrative or personnel practices yielding strong student academic achievement.

To assist entities in operating innovation schools, a grants program would be established by the State Board of Education. The grant would be for a minimum of five years with the first year of funding for planning and equipping purposes and the remaining years of supplemental funding for operation of the innovation school. Entities eligible to receive a grant include public and private partnerships. Partnerships include an educational management organization, a private corporation, an institution of higher education, a consortium of public schools districts and/or a contractual relationship between a private entity and a public school district. In the application process, partnerships must demonstrate at least one of the following strategies in improving leadership and academic achievement: changes in teacher compensation to address geographic or certification barriers and/or to offer performance incentives; utilization of novel leadership and administrative policies and procedures, to include preparation and certification of administrators, operational procedures and costs shared with other entities; continuous progress of students between 4-kindergarten - grade 8; virtual delivery of substantial portions of the curriculum; and novel or non-traditional uses of time, space and technology in the instructional delivery of state academic content standards; or a combination of these strategies. The first year planning grant to each proposed school would be $100,000 with innovation schools also eligible to receive additional grant funds for equipment and facilities not to exceed$400,000 per partnership. In year two of the grant the partnership would receive funds for operation of the school to include a maximum grant of $300,000 in supplement of the per pupil revenues from federal, state and local sources. In years three through five the school would continue to receive grant funds but at the maximum level of eighty percent of each previous year's grant. Funding per innovation school would be dependent upon: state per pupil allocations; supplementary allocations equal to local spending levels in the sending school; transportation allowance equivalent to the state per pupil transportation expenditure; and federal funds as applicable to the student population. In year six and beyond, the innovation school would receive a minimum supplement of$100,000.

Eligible to attend the Public Choice Innovation schools are students who meet one of the following conditions: (1) are enrolled in 4-kindergarten through grade 8 and are assigned to or enrolled in a school rated Below Average or Unsatisfactory; or (2) are enrolled in schools with an absolute rating of Average or above and scored Basic or below on any two or more subject area grade level PACT assessments in grades 3 through 7 during the most recent school year. Students are not required to attend a Public Choice Innovation School in their district of residence. As long as no eligible student is denied admission, the Public Choice Innovation School may accept other students as their parents choose to enroll them and receive funding as previously defined. Once a student is enrolled in a Public Choice Innovation School, the child is guaranteed enrollment in the appropriate grades as long as the school remains in operation, unless the student violates behavioral expectations, or the parents choose to transfer the student to another school for which the student is eligible. An innovation school may not discriminate against any student on the basis of race, color, national origin, gender, disability or prior academic performance.

Public Choice Innovation Schools are required to participate in the statewide testing program; however, the schools shall not receive Education Accountability Act ratings until the second year of operation. The initial rating addresses student performance in the second year of operations. A Public Choice Innovation School may establish terms of employment and contracts with educators in accordance with the partnership agreement. If an employee of a local school district makes a written request for leave to be employed at a Public Choice Innovation School, the school district shall grant the leave for up to five years as requested by the employee. The school district may require that the request for leave or extension of leave be made by the date provided for by state law for the return of teachers' contracts. Employees may return to employment with the local school district at its option with the same teaching or administrative contract status as when they left but without assurance as to the school or supplemental position to which they may be assigned. Public Choice Innovation Schools are exempt from education program instruction and facility regulations except those regulations which protect the health and safety of the student and educator.

An independent longitudinal evaluation of Public Choice Innovation Schools is to be conducted or contracted by the Education Oversight Committee and must include a value-added component so that valid comparisons can be made to student performance in traditional public schools and public charter schools.

The ACTING PRESIDENT sustained the Point of Order.

Proviso 1A.69 was ruled out of order.

Decision by the Acting President

The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 1AA.7 was out of order inasmuch as it was violative of Rule 24A.

1AA.7.   (LEA: FY 07-08 Lottery Funding) There is appropriated from the Education Lottery Account for the following education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control Board as directed below. These appropriations must be used to supplement and not supplant existing funds for education.

The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as provided in this section.

All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year including any interest earnings, which shall be used to support the appropriations contained below.

For Fiscal Year 2007-08 certified net lottery proceeds and investment earnings and any other proceeds identified by this provision are appropriated as follows:

(1)   Commission on Higher Education--Tuition Assistance Two-Year Institutions   $50,000,000; (2) Commission on Higher Education--LIFE Scholarships as provided in Chapter 149 of Title 59$   62,604,207;

(3)   Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370   $7,144,909; (4) Commission on Higher Education--Palmetto Fellows Scholarships as provided in Section 59-104-20$   21,423,660;

(5)   Commission on Higher Education--Need-Based Grants   $13,746,093; (6) Tuitions Grants Commission--Tuition Grants$   7,766,604;

(7)   Commission on Higher Education--National Guard Tuition Repayment Program as provided in Section 59-111-75   $1,700,000; (8) Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2$   30,000,000;

(9)   South Carolina State University   $2,500,000; (10) Technology--Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges$   5,600,000;

(11)   Department of Education--K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525   $47,614,527; (12) Department of Education--Grades 6-8 Reading, Math, Science & Social Studies Program$   2,000,000;

(13)   Commission on Higher Education--Higher Education Excellence Enhancement Program   $4,700,000; (14) School for the Deaf and the Blind--Technology Replacement$   200,000;   and

(15)   State Library--Local Libraries   $1,000,000. Fiscal Year 2007-08 funds appropriated to the Commission on Higher Education for Tuition Assistance must be distributed to the technical colleges and 2-year institutions as provided in Section 59-150-360. The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items in order to ensure the timely receipt of scholarships and tuition assistance. It is the goal of the General Assembly to fund the Tuition Assistance program at such a level to support at least$996 per student per term for full time students.

Fiscal Year 2007-08 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment earnings for this period are appropriated and must be used to ensure that all LIFE, Palmetto Fellows, and HOPE scholarships for Fiscal Year 2007-08 are fully funded.

If the lottery revenue received for Fiscal Year 2007-08 is less than the amounts appropriated, the projects and programs receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction must not be applied to the funding of LIFE, HOPE, and Palmetto Fellows Scholarships.

The Commission on Higher Education is authorized to use up to $260,000 of the funds appropriated in this provision for LIFE, HOPE, and Palmetto Fellows scholarships to provide the necessary level of program support for the scholarship award process. For Fiscal Year 2007-08,$8,400,000 certified from unclaimed prizes shall be appropriated for Technology: Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges. The allocations of Section 59-150-230(I) of the 1976 code are suspended for the current fiscal year.

Of any unclaimed prize funds available in excess of the Board of Economic Advisors estimate, the first $750,000 shall be directed to the Department of Education to implement the Schools Attuned program. The next$500,000 shall be directed to the Department of Alcohol and Other Drug Abuse Services for services assisting in the prevention and treatment of gambling disorders as specified in Section 59-150-230(I) of the 1976 Code. All additional revenue in excess of the amount certified by the Board of Economic Advisors for unclaimed prizes shall be distributed to the Commission on Higher Education to be used as a funding source to implement the provisions of H.3170 of 2007. In the event H.3170 is not enacted into law, the funds shall be distributed to the Department of Education and shall be utilized to purchase school buses.

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

The ACTING PRESIDENT overruled the Point of Order.

Decision by the Acting President

The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 8.20 was out of order inasmuch as it was violative of Rule 24A.

8.20.   (DHHS: Prescription Reimbursement Payment Methodology) The prescription dispensing fee for the current fiscal year is not less than $4.05 per prescription filled. Prescription reimbursements must be the lowest of: the federal upper limit of payment or South Carolina maximum allowable cost (MAC) for the drug, if any, less 10% plus the current dispensing fee; the average wholesale price (AWP) less 10%; or the provider's usual and customary charge to the general public for the dispensed product. The Department of Health and Human Services shall adjust the dispensing fee as necessary to offset any negative change in the federal reimbursement methodology from the prior fiscal year. The department shall submit a report by January 31, 2008 to the Chairmen of the House Ways and Means Committee and the Senate Finance Committee summarizing any changes in the federal reimbursement methodology and the impact of the changes on the state prescription reimbursement payment. The ACTING PRESIDENT overruled the Point of Order. Decision by the Acting President The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 9.16 was out of order inasmuch as it was violative of Rule 24A. 9.16. (DHEC: Pharmacist Permits) The Department of Health and Environmental Control shall be exempted from the requirements of Section 40-43-83 of the 1976 Code of Laws, as amended, as it relates to the requirement that all facilities distributing or dispensing prescription drugs must be permitted by the Board of Pharmacy and the requirement that each pharmacy shall have a pharmacist-in-charge. Each DHEC Health District shall be required to have a permit to distribute or dispense prescription drugs. Further, the department shall be exempted from the requirements of Section 40-43-86 of the 1976 Code of Laws, as amended, as it relates to the requirement that a pharmacist may not serve as pharmacist-in-charge unless he is physically present in the pharmacy and the requirement that a pharmacist may not serve as a pharmacist-in- charge for more than one pharmacy at a time, so that one pharmacist-in-charge may be designated by the department for more that one district. The ACTING PRESIDENT sustained the Point of Order. Proviso 9.16 was ruled out of order. Decision by the Acting President The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 8.13 was out of order inasmuch as it was violative of Rule 24A. 8.13. (DHHS: Generic Drugs) With respect to prescriptions reimbursed through the South Carolina Medicaid Program, Medicaid recipients for whom the pharmaceuticals are intended are deemed to have consented to substitution of a less costly equivalent generic product which will result in a cost savings to the South Carolina Medicaid program. Therefore, individual patient consent for substitution as required in S.C. Code of Laws Section 40-43-86(H)(6) shall not be required. The ACTING PRESIDENT sustained the Point of Order. Proviso 8.13 was ruled out of order. Decision by the Acting President The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 8.34 was out of order inasmuch as it was violative of Rule 24A. 8.34. (DHHS: Federally Qualified Health Centers-Pharmacies) (A) Federally qualified health centers are exempt from provisions of Chapter 43, Title 40 of the 1976 Code that require: (1) all facilities distributing or dispensing prescription drugs to be permitted by the Board of Pharmacy; (2) each pharmacy to have a pharmacist-in-charge; (3) a pharmacist to be physically present in the pharmacy or health center delivery site in order to serve as the pharmacist-in-charge; (4) a pharmacist to serve as a pharmacist-in-charge for only one pharmacy at a time. (B) A federally qualified health center must be recognized as a covered entity under Section 40-43-60(I) of the 1976 Code allowing licensed practitioners, as defined by Section 40-43-30(45), to dispense drugs or devices that are the lawful property of the practitioner or the corporation. (C) A federally qualified health center may transport medications in the same manner as allowed by laws for free clinics and/or private physician practices. The ACTING PRESIDENT sustained the Point of Order. Proviso 8.34 was ruled out of order. Decision by the Acting President The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 9.32 was out of order inasmuch as it was violative of Rule 24A. 9.32. (DHEC: Use of Radiological Fees) Notwithstanding Section 13-7-85 of the 1976 Code of Laws, 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). The ACTING PRESIDENT sustained the Point of Order. Proviso 9.32 was ruled out of order. Decision by the Acting President The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 13.27 was out of order inasmuch as it was violative of Rule 24A. 13.27. (DSS: Child Support Enforcement System) The Department of Social Services is directed to provide a detailed report to the General Assembly by August 31st of the current fiscal year on the status of the Child Support Enforcement System. The report shall include, but not be limited to, actions currently being undertaken to become compliant with federal government requirements; the cost required to meet minimum federal guidelines; total funds spent so far on the system; the amount of fines assessed by the federal government associated with non-compliance; how much has been spent to satisfy actions taken by the state judicial system; and how much has been spent related to actions taken by any other entity which may have altered the amount required for meeting minimum federal guidelines. The ACTING PRESIDENT sustained the Point of Order. Proviso 13.27 was ruled out of order. Decision by the Acting President The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 14.3 was out of order inasmuch as it was violative of Rule 24A. 14.3. (BLIND: Patriot's Point Vendor Exemption) For the current fiscal year, the provisions of Chapter 26, Title 43 of the 1976 Code pertaining to rules regulating vending facilities operated by persons who are blind do not apply to the Patriots Point Development Authority. The ACTING PRESIDENT sustained the Point of Order. Proviso 14.3 was ruled out of order. Decision by the Acting President The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 22.14 was out of order inasmuch as it was violative of Rule 24A. 22.14. (AGRI: Feed Label Registration) The Department of Agriculture is authorized to require the annual registration of feed labels by manufacturers and to charge a fee of$15.00 for such registrations. Revenues generated by these fees shall be retained and used by the department to offset expenses incurred in operating the Feed Inspection Program.

The ACTING PRESIDENT overruled the Point of Order.

Decision by the Acting President

The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 32.6 was out of order inasmuch as it was violative of Rule 24A.

32.6.   (AG: Complex Criminal Litigation-Palmetto Exile Prosecutions) Notwithstanding the maximum amount allowed in the Complex Criminal Litigation Fund pursuant to Sections 14-1-206, 14-1-207, and 14-1-208 of the 1976 Code, for the current fiscal year an additional $77,500 may be retained in the fund and used by the Attorney General for the expenses of prosecutions under the Palmetto Exile Project, and such prosecutions are deemed complex criminal litigation for purposes of determining the uses to which the revenue of the fund may be applied. The ACTING PRESIDENT sustained the Point of Order. Proviso 32.6 was ruled out of order. Decision by the Acting President The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 35.10 was out of order inasmuch as it was violative of Rule 24A. 35.10. (INDEF: Application Fee for Appointment of Counsel) For the current fiscal year, the application fee for public defender services payable under Section 17-3-30(B) is increased to forty ($40) dollars.

The ACTING PRESIDENT sustained the Point of Order.

Proviso 35.10 was ruled out of order.

Decision by the Acting President

The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 36.14 was out of order inasmuch as it was violative of Rule 24A.

36.14.   (DPS: Law Enforcement Subsistence) The provisions of Section 56-19-420(B)(1) of the 1976 Code are suspended for the current fiscal year and instead of the allocation provided pursuant to that subitem, the first one million dollars must be deposited into the State General Fund and used to increase the subsistence allowance for law enforcement officers. For the current year the subsistence deduction allowed pursuant to Section 12-6-1140(6) of the 1976 Code is increased to eight dollars for each regular work day.

The ACTING PRESIDENT sustained the Point of Order.

Proviso 36.14 was ruled out of order.

Decision by the Acting President

The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 36A.5 was out of order inasmuch as it was violative of Rule 24A.

36A.5.   (DMV: License Fees) Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of revenues, all revenues derived under Title 56 credited to the Department of Motor Vehicles must be credited to the General Fund of the State, except for those fees collected to recover the costs of the production, purchase, handling and mailing of documents, publications, records, and data sets, those fees collected under Sections 56-5-2951 and 56-1-286 for supplying and maintaining video cameras in law enforcement vehicles used for traffic enforcement and the issuance of the alcohol restricted license, those fees designated under Section 56-1-1320 to be used by the Department of Public Safety to hire, train, and equip members of the highway patrol and state transport police, and the revenues of fees imposed pursuant to Sections 56-1-170, 56-1-286, 56-1-390, 56-1-740, 56-1-745, 56-1-746, 56-5-750, 56-5-2951, 56-9-430, 56-10-260, and 56-10-270, but only the revenues of that portion of these fees that represents increases in the rate of these fees over rates in effect June 30, 2001, to be used by the department to defray the expenses of the Department of Motor Vehicles.

The ACTING PRESIDENT sustained the Point of Order.

Proviso 36A.5 was ruled out of order.

Decision by the Acting President

The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 36A.6 was out of order inasmuch as it was violative of Rule 24A.

36A.6.   (DMV: Expedited Documents and Records Upon Request) The Department of Motor Vehicles may collect a surcharge, not to exceed $20 per document, in addition to normal fees to expedite requests for copies of documents and records at the option of the requesting party. Requested documents or records will be available within 72 hours of receipt of the expedited request. Normal document and record processing time will be not more than 30 days. Funds derived from these sources shall be retained by the department. The ACTING PRESIDENT sustained the Point of Order. Proviso 36A.6 was ruled out of order. Decision by the Acting President The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 36A.12 was out of order inasmuch as it was violative of Rule 24A. 36A.12. (DMV: Motor Carrier Registration Fees) Notwithstanding any other provisions of law, administration of Articles 3 and 5, of Chapter 23 of Title 58, shall be funded from the motor carrier registration fees collected by the department that previously were collected by the Public Service Commission. All unexpended funds from prior years collected under this proviso may be retained and carried forward by the department for the same purposes. The ACTING PRESIDENT overruled the Point of Order. Decision by the Acting President The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 36B.3 was out of order inasmuch as it was violative of Rule 24A. 36B.3. (LETC: CJA-Miscellaneous Revenue) Notwithstanding any other provisions of law, revenue received from the sale of meals to employees and students attending non-mandated, advanced, or specialized training courses, sale of student locks and materials, sale of legal manuals and other publications, postal reimbursement, photo copying, sale of miscellaneous refuse and recyclable materials, tuition from non-mandated, advanced, or specialized courses, coin operated telephones, revenue from E-911 and Coroner training, private college tuition, and revenue from canteen operations and building management services, revenue from "Crime-to-Court" and other Criminal Justice Academy training series shall be retained by the Academy and expended in budgeted operations for food services, expansion of the department's distance learning programs, professional training, fees and dues, clothing allowance and other related services or programs as the Director of the Criminal Justice Academy may deem necessary. The Law Enforcement Training Council, Criminal Justice Academy shall report annually to the General Assembly the amount of miscellaneous revenue retained and carried forward. The ACTING PRESIDENT overruled the Point of Order. Decision by the Acting President The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 56DD.32 was out of order inasmuch as it was violative of Rule 24A. 56DD.32. (GOV: SLED - Compliance/Underage Alcohol/Tobacco Enforcement) Notwithstanding any other provision of law, all initial alcoholic liquor, beer and wine license application fees shall be increased by one hundred dollars, all biennial alcoholic liquor, beer and wine beverage fees and licenses shall be increased by two hundred dollars, and all local operation permit fees shall be increased by fifty dollars. These additional funds shall be collected by the Department of Revenue and as soon as practicable allocated to the State Law Enforcement Division to offset the costs of inspections, investigations, and enforcement. SLED is authorized to receive, expend and carry forward these funds. The ACTING PRESIDENT sustained the Point of Order. Proviso 56DD.32 was ruled out of order. Decision by the Acting President The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 56DD.34 was out of order inasmuch as it was violative of Rule 24A. 56DD.34. (GOV: SLED - Coin Operated Device Enforcement) The Department of Revenue is authorized to assess an additional fee of fifty dollars on each Class Two coin operated machine license authorized in Section 12-21-2720. These funds shall be collected by the Department of Revenue and sent to the State Law Enforcement Division to offset the cost of video gaming enforcement. The State Law Enforcement Division shall retain, expend, and carry forward these funds. The ACTING PRESIDENT sustained the Point of Order. Proviso 56DD.34 was ruled out of order. Decision by the Acting President The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 58.1 was out of order inasmuch as it was violative of Rule 24A. 58.1. (SS: Charitable Funds Solicitation - Fire Dept/Rescue Squads) A fire department or rescue squad conducting or intending to conduct a professional solicitation of charitable funds may comply with the registration and fee requirements of Chapter 56, Title 33 of the 1976 Code if the local governing body having jurisdiction over that department or squad and other departments or squads in its area singly registers the multiple departments or squads annually and pays a single annual registration fee to the Secretary of State of fifty dollars pursuant to Section 33-56-30. The single annual registration and fee payment of fifty dollars effectively registers all fire departments and rescue squads within the jurisdiction of the local governing body. The ACTING PRESIDENT sustained the Point of Order. Proviso 58.1 was ruled out of order. Decision by the Acting President The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 72.61 was out of order inasmuch as it was violative of Rule 24A. 72.61. (GP: Personnel Administration Exemption) Employees of the Offices of the Lieutenant Governor, Secretary of State, State Treasurer, Attorney General, Comptroller General, Superintendent of Education, Adjutant General, and the Commissioner of Agriculture shall be exempt from the provisions of Article 5, Chapter 17, Title 8 of the 1976 Code of Laws, as amended, if those employees report directly to a constitutional officer or report directly to a person who reports directly to a constitutional officer. Additionally, management employees of the Department of Alcohol and Other Drug Abuse Services, the Department of Commerce, the Department of Corrections, the Department of Health and Human Services, the Department of Insurance, the Department of Juvenile Justice, the Department of Labor, Licensing and Regulation, the Department of Parks, Recreation and Tourism, the Department of Probation, Parole, and Pardon Services, the Department of Revenue, the Department of Social Services, the State Law Enforcement Division, the Department of Motor Vehicles, and the Department of Public Safety shall be exempt from the provisions of Article 5, Chapter 17, Title 8 of the 1976 Code of Laws, as amended, if those employees report directly to the agency head or report directly to a person who reports directly to the agency head. The ACTING PRESIDENT sustained the Point of Order. Proviso 72.61 was ruled out of order. Decision by the Acting President The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 72.76 was out of order inasmuch as it was violative of Rule 24A. 72.76. (GP: Correctional Officer Retention) For the current fiscal year, the provisions of Section 23-6-405, which pertain to reimbursement for mandatory training of a government employee subsequently hired by another governmental entity, also apply to Correctional Officers and Juvenile Correctional Officers. The ACTING PRESIDENT sustained the Point of Order. Proviso 72.76 was ruled out of order. Decision by the Acting President The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 72.89 was out of order inasmuch as it was violative of Rule 24A. 72.89. (GP: Workers' Compensation for Voluntary Constables) For Fiscal Year 2006-07 the current fiscal year, a voluntary constable appointed pursuant to Section 23-1-60, of the 1976 Code, as amended, must be included under the provisions of the workers' compensation laws only while performing duties in connection with his appointment and as authorized by the State Law Enforcement Division. The workers' compensation premiums for these constables must be paid from the funds appropriated for this purpose upon warrant of the Chief of the State Law Enforcement Division. The ACTING PRESIDENT sustained the Point of Order. Proviso 72.89 was ruled out of order. Decision by the Acting President The ACTING PRESIDENT took up the Point of Order raised by Senator McCONNELL that Proviso 72.104 was out of order inasmuch as it was violative of Rule 24A. 72.104. (GP: Court Appointment Deferral Fund) For the current fiscal year, there is established the Civil Court Appointment Deferral Fund and Criminal Court Appointment Deferral Fund to be maintained by the Commission on Indigent Defense for the sole purpose of allowing an attorney licensed to practice law in this State, who is not otherwise exempt from appointment pursuant to Rule 608(d), a one-year optional exemption from appointment to represent an indigent person in accordance with the requirements of Rule 608 upon the payment of a set fee of$2,000.

Payment of the fee by persons subject to appointment in civil matters will be deposited into the Civil Court Appointment Deferral Fund and must be used by the commission to retain on a contractual basis the services of attorneys to handle civil court appointments. Payment of the fee by persons subject to appointment in criminal matters will be deposited into the Criminal Court Appointment Deferral Fund and must be used by the commission to retain on a contractual basis the services of attorneys to handle criminal court appointments. The Commission on Indigent Defense shall notify the South Carolina Bar, upon receipt of deferral fees presented, of the names of those persons paying the fees. The Commission on Indigent Defense shall retain information and data on the two Deferral Funds and submit a report to the Senate Finance Committee and House Ways and Means Committee within 60 days of the end of each fiscal year. The report shall at a minimum include an accounting of the revenue collected and the expenditure of the revenue for each Fund.

The ACTING PRESIDENT sustained the Point of Order.

Proviso 72.104 was ruled out of order.

Amendment No. 56

Senator BRYANT proposed the following Amendment No. 56 (3620R044.KLB.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, by adding an appropriately numbered new proviso to read:

/   73.   (SR: Tax Relief Revenue Reduction) If the General Assembly provides in any act or joint resolution for an exemption from the income for the first \$5,000.00 of earned income that results in a reduction in the amount of revenue from this source projected to be available for appropriation in this Act, then each amount appropriated in Part IA of this Act is considered to be reduced by a proportional percentage necessary to compensate for the reduction in revenue. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator BRYANT explained the amendment.

Point of Order

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was violative of Rule 24A.

Senator RYBERG spoke on the Point of Order.

Senator GROOMS spoke on the Point of Order.

Senator LEATHERMAN spoke on the Point of Order.

The ACTING PRESIDENT overruled the Point of Order.

Senator BRYANT resumed explaining the amendment.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Statement by Senator Martin

Amendment No. 56 produces an absurd result. For example, debt service and the Constitutional reserve funds are funded based on the appropriations contained in this budget. This amendment envisions a future enactment that would arbitrarily reduce every item appropriated herein, even our Constitutional obligations.

Amendment No. 60

Senator RYBERG proposed the following Amendment No. 60 (3620R043.KLB.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, by adding an appropriately numbered new proviso to read:

/   73.   (SR: Tax Relief Revenue Reduction) If the General Assembly provides in any act or joint resolution for an elimination of the tax on the gross proceeds of sales or sales price of unprepared food which lawfully may be purchased with United States Department of Agriculture food coupons that results in a reduction in the amount of revenue from this source projected to be available for appropriation in this Act, then each amount appropriated in Part 1A of this Act is considered to be reduced by a proportional percentage necessary to compensate for the reduction in revenue.   /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RYBERG explained the amendment.

Senator LAND moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 24; Nays 18

AYES

Anderson                  Elliott                   Ford
Hayes                     Hutto                     Jackson
Land                      Leatherman                Leventis
Lourie                    Malloy                    Martin
Matthews                  McGill                    Moore
O'Dell                    Patterson                 Pinckney
Reese                     Ritchie                   Sheheen
Short                     Thomas                    Williams

Total--24

NAYS

Alexander                 Bryant                    Campsen
Cleary                    Courson                   Cromer
Fair                      Gregory                   Grooms
Hawkins                   Knotts                    McConnell
Rankin                    Ryberg                    Scott
Setzler                   Vaughn                    Verdin

Total--18

The amendment was laid on the table.

Statement by Senator Martin

Amendment No. 60 produces an absurd result. For example, debt service and the Constitutional reserve funds are funded based on the appropriations contained in this budget. This amendment envisions a future enactment that would arbitrarily reduce every item appropriated herein, even our Constitutional obligations.

H. 3620--Read the Second Time

Senator LEATHERMAN asked unanimous consent to make a motion that the Bill be given a second reading, carrying over all amendments to third reading, and waiving the provisions of Rule 26B regarding the offering of amendments on third reading.

The Bill was read the second time, passed and ordered to a third reading, carrying over all amendments to third reading.

Recorded Vote

Senators GROOMS, RYBERG, BRYANT, VERDIN, CAMPSEN and McCONNELL desired to be recorded as voting against the second reading of the Bill.

Debate was interrupted by adjournment.

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 10:00 A.M.