Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 A.M., 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:

We read in Daniel that:

"Those who are wise shall shine like the brightness of the sky, and those who lead many to righteousness, like the stars forever and ever."
(Daniel 12:3)

Let us pray:

Dear God, today we pray that You will lead each of these Senators as they strive to fulfill Daniel's admonition: to be women and men who indeed are wise, who stand boldly and confidently before others, who exercise leadership in ways pleasing to You-and in ways beneficial to those they are called to serve. We ask special blessings for all who struggle against forces of adversity, for those servants of peace who find themselves far from home and from those they love, indeed, for all who strive to honor You.   All of this we pray in Your name, O Lord. Amen.

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

The following proviso was inadvertently omitted from the Points of Orders raised by Senator McCONNELL in the Journal of Tuesday, April 15, 2008. Senator McCONNELL raised a Point of Order that Proviso 68A.13 was out of order inasmuch as it was violative of Rule 24A.

68A.13.   (DOT: Oversize and Overweight Permits) Notwithstanding any other provision of law, for the current fiscal year, the Department of Transportation may charge the following rates for Oversize and Overweight permits and licenses:

Single Trip   $   30.00

Excessive Width Over 16'   $   35.00

Excessive Width Over 18'   $   40.00

Excessive Width Over 20'   $   45.00

Excessive Width Over 22'   $   50.00

Multiple Trip (Annual)   $   100.00

House Moving License (Annual)   $   100.00

Superload Application (Non-Refundable)   $   100.00

Superload Engr Analysis Over 130,000 lbs.   $   100.00

Superload Engr Analysis Over 200,000 lbs.   $   200.00

Superload Engr Analysis Over 300,000 lbs.   $   350.00

Superload Impact Fee for Loads Over 130,000 lbs.   $   3.00/1,000   lbs.

Admin. Fee for Prorating Active Annual Permits   $   10.00

Admin. Fee for Road Machinery Permits   $   10.00.

The PRESIDENT took the Point of Order under advisement.

Columbia, S.C., April 15, 2008

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.205, S. 771 by a vote of 1 to 0:

(R205, S771 (Word version)) -- Senator Hutto: AN ACT TO CREATE THE ALLENDALE COUNTY AERONAUTICS AND DEVELOPMENT COMMISSION AND TO PROVIDE FOR THE APPOINTMENT OF MEMBERS, THEIR TERMS, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL ACT 721 OF 1962 RELATING TO THE CREATION OF THE ALLENDALE COUNTY DEVELOPMENT BOARD AND ACT 842 OF 1973 RELATING TO THE ALLENDALE COUNTY AERONAUTICS COMMISSION.
Very respectfully,
Speaker of the House

Received as information.

Senators LAND and BRYANT introduced Dr. Marshall Meadors of Anderson, S.C., Doctor of the Day, along with first year medical student, Jim Ford.

The following were introduced:

S. 1302 (Word version) -- Senators Campsen, Thomas, Grooms, Cleary, Alexander, Gregory, Scott, Sheheen, Hayes, Williams, Courson, Hutto, Setzler, Cromer, Ceips, McConnell, Campbell, McGill, Land, Lourie, Martin, Drummond, Massey, Anderson, Matthews and Bryant: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 48-59-75 RELATING TO THE SUSPENSION OF FUNDING PROVISIONS FOR THE SOUTH CAROLINA CONSERVATION BANK IN FISCAL YEARS WHEN APPROPRIATIONS TO MORE THAN ONE-HALF OF STATE AGENCIES AND DEPARTMENTS ARE LESS THAN SUCH APPROPRIATIONS IN THE PRIOR FISCAL YEAR OR IN A FISCAL YEAR WHEN ACROSS THE BOARD APPROPRIATIONS REDUCTIONS ARE ORDERED BY THE STATE BUDGET AND CONTROL BOARD.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1303 (Word version) -- Senators Grooms, Land, Setzler, Campsen, Verdin, Fair, Cromer, Alexander, Williams and Cleary: A BILL TO AMEND TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLES, BY ADDING CHAPTER 35, TO PROVIDE AN OPERATOR OF A COMMERCIAL DIESEL VEHICLE MAY NOT ALLOW A VEHICLE TO IDLE FOR MORE THAN TEN MINUTES IN ANY SIXTY MINUTE PERIOD, TO PROVIDE THAT A PASSENGER BUS MAY IDLE UP TO FIFTEEN MINUTES IN A SIXTY MINUTE PERIOD, TO PROVIDE HEATING AND AIR CONDITIONING WHEN NON-DRIVER PASSENGERS ARE ON BOARD THE VEHICLE, TO PROVIDE FOR EXCEPTIONS TO THE IDLING RESTRICTIONS, TO PROVIDE THAT THE USE OF AN AUXILIARY POWER UNIT DOES NOT CONSTITUTE IDLING, TO PROVIDE FOR A DIESEL IDLING REDUCTION FUND, TO PROVIDE FOR AN IDLING REDUCTION AWARENESS AND EDUCATION PROGRAM, TO PROVIDE FOR PUNISHMENTS FOR VIOLATIONS AND ENFORCEMENT OF THE CHAPTER.
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Read the first time and referred to the Committee on Transportation.

S. 1304 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN ANDERSON COUNTY, TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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Read the first time and referred to the Committee on Judiciary.

S. 1305 (Word version) -- Senator Matthews: A SENATE RESOLUTION TO CONGRATULATE MRS. MICHELLE WILSON FOR BEING NAMED 2008 SOUTH CAROLINA ELEMENTARY DISTINGUISHED PRINCIPAL OF THE YEAR, AND TO THANK HER FOR HER TIRELESS DEDICATION IN MAKING ST. JAMES-GAILLARD ELEMENTARY SCHOOL A SOURCE OF PRIDE TO HER DISTRICT AND COMMUNITY.
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The Senate Resolution was adopted.

S. 1306 (Word version) -- Senator Scott: A SENATE RESOLUTION TO RECOGNIZE AND HONOR JOHN MCKISSICK, OF SUMMERVILLE, THE "WINNINGEST FOOTBALL COACH AT ANY LEVEL" AND A LEGEND FOR HIS CONTRIBUTIONS TOWARD SHAPING GENERATIONS OF YOUNG MEN INTO WINNERS IN BOTH SPORTS AND LIFE.
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The Senate Resolution was adopted.

H. 4578 (Word version) -- Reps. Harrison, Hagood, Talley, W. D. Smith and G. R. Smith: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 19 SO AS TO AUTHORIZE THE GENERAL ASSEMBLY, BY SPECIAL OR LOCAL LAW, TO ABOLISH A SPECIAL OR PUBLIC SERVICE DISTRICT AND TRANSFER ITS ASSETS AND LIABILITIES TO AN ASSUMING SERVICE PROVIDER.

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

H. 5018 (Word version) -- Reps. Huggins, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Hutson, 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, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO DECLARE APRIL 2008 AS "FAIR HOUSING MONTH" IN SOUTH CAROLINA AND TO RECOGNIZE AND SUPPORT "FAIR HOUSING MONTH" IN OUR STATE.

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

H. 5025 (Word version) -- Reps. Neilson, McLeod, Leach, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, 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, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO URGE COORDINATION OF GOVERNMENT AND PRIVATE RESOURCES IN THE STATE OF SOUTH CAROLINA TO PROTECT OUR SENIOR CITIZENS FROM SCAMS AND OTHER SCHEMES THAT UNDERMINE THEIR FINANCIAL INDEPENDENCE.

The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

Senator McGILL asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Judiciary.

There was no objection.

The Concurrent Resolution was recalled from the Committee on Judiciary.

The question then was the adoption of the Resolution.

On motion of Senator McGILL, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5026 (Word version) -- Reps. Kennedy, Anderson, Harvin, Agnew, Alexander, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, 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, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MR. FRED S. BURGESS, OF WILLIAMSBURG COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 5028 (Word version) -- Reps. Barfield, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Daning, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, 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, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE BASKETBALL ACHIEVEMENTS OF JACK LEASURE, AN OUTSTANDING GUARD WITH COASTAL CAROLINA UNIVERSITY WHO CONCLUDED HIS ELIGIBILITY THIS SEASON, AND TO CONGRATULATE HIM FOR REACHING THE ALL-TIME BIG SOUTH RECORD FOR THREE-POINT SHOOTING.

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

Senator ALEXANDER from the General Committee polled majority favorable and Senator LEVENTIS a minority unfavorable report on:

S. 83 (Word version) -- Senators Malloy and Knotts: A BILL TO AMEND SECTION 25-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA STATE GUARD, SO AS TO AUTHORIZE THE ADJUTANT GENERAL TO ESTABLISH AN EMERGENCY AIR WING WITHIN THE STATE GUARD AND PROVIDE FOR THE ORGANIZATION AND DUTIES OF THE EMERGENCY AIR WING AND FOR THE LIABILITY OF AIRPLANES USED BY VOLUNTEER PARTICIPANTS IN THE EMERGENCY AIR WING; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE USE OF ANY VEHICLE OR AIRPLANE OPERATED FOR TRAINING OR DUTY BY THE EMERGENCY AIR WING OF THE STATE GUARD SHALL CONVEY LIABILITY UPON THE SOUTH CAROLINA NATIONAL GUARD, SOUTH CAROLINA STATE GUARD, OR STATE OF SOUTH CAROLINA ONLY AFTER THE REQUIRED LIABILITY INSURANCE ON THE VEHICLE OR AIRPLANE HAS BEEN FULLY APPLIED; AND TO AMEND SECTION 42-7-50, RELATING TO POLITICAL SUBDIVISIONS AND OTHER ENTITIES WHICH MAY PARTICIPATE IN THE WORKERS' COMPENSATION INSURANCE PROGRAM, SO AS TO PROVIDE THAT RECOVERY OF WORKERS' COMPENSATION BENEFITS BY MEMBERS OF THE EMERGENCY AIR WING OF THE SOUTH CAROLINA STATE GUARD SHALL BE PAYABLE FROM THE GENERAL FUND OF THE STATE OF SOUTH CAROLINA.

Alexander                 O'Dell                    Martin
Hawkins                   Knotts                    Ford
Short                     Sheheen                   Reese
Lourie                    Williams                  Vaughn
Bryant                    Ceips                     Campbell
Massey

Leventis

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

S. 901 (Word version) -- Senators Ceips and Leventis: A JOINT RESOLUTION TO CREATE THE HEALTHY LIFESTYLES STUDY COMMITTEE TO EXPLORE WAYS TO IMPROVE THE HEALTH OF SOUTH CAROLINIANS, TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2009, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 1059 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 44-79-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED CONTRACTUAL PROVISIONS IN CONTRACTS FOR PHYSICAL FITNESS SERVICES, SO AS TO MAKE TECHNICAL LANGUAGE AND REFERENCE CHANGES; AND TO AMEND SECTION 44-79-60, RELATING TO PERMISSIBLE CONTRACTUAL PROVISIONS IN CONTRACTS FOR PHYSICAL FITNESS SERVICES, SO AS TO PROVIDE FOR AUTOMATIC RENEWAL OPTIONS FOR PHYSICAL FITNESS SERVICES CONTRACTS ON CONDITION THAT THE AUTOMATIC RENEWAL BE FOR NO MORE THAN ONE MONTH, THE AUTOMATIC RENEWAL PROVISION BE DISCLOSED IN BOLD TYPE OF AT LEAST TEN-POINT FONT ON THE FRONT PAGE OF THE INITIAL CONTRACT, AND THE CUSTOMER BE GIVEN THE ABILITY TO OPT OUT OF THE AUTOMATIC RENEWAL PROVISION AT THE TIME THE INITIAL CONTRACT IS EXECUTED, TO PROVIDE THAT THE PRICE OF AN AUTOMATICALLY RENEWED CONTRACT MAY NOT CHANGE WITHOUT WRITTEN NOTICE TO THE CUSTOMER AT LEAST THIRTY BUT NO MORE THAN SIXTY DAYS PRIOR TO THE EFFECTIVE DATE OF THE CHANGE IN PRICE, AND TO PROVIDE CANCELLATION OF A CONTRACT VOIDS AUTOMATIC RENEWAL PROVISIONS.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

S. 1156 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 40-43-86, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, THE STAFFING REQUIREMENTS FOR PHARMACIES, SO AS TO INCREASE FROM THREE TO FOUR THE NUMBER OF TECHNICIANS THAT A PHARMACIST MAY SUPERVISE AND TO REQUIRE THAT IF A PHARMACIST SUPERVISES FOUR TECHNICIANS, TWO OF THE FOUR MUST BE STATE CERTIFIED.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

H. 4845 (Word version) -- Reps. Neilson, Bales, Lucas and Williams: A BILL TO AMEND SECTION 44-61-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRAUMA ADVISORY COUNCIL, ITS MEMBERS, POWERS, AND DUTIES, SO AS TO ADD AN ORTHOPEDIC PHYSICIAN AND A PEDIATRIC PHYSICIAN TO THE COUNCIL.

Ordered for consideration tomorrow.

S. 1281 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 28, 2008, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, CLEMSON UNIVERSITY, LANDER UNIVERSITY, AND WINTHROP UNIVERSITY; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

Returned with concurrence.

Received as information.

S. 1286 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION CONGRATULATING ST. EMMA MILITARY ACADEMY AND THE ST. FRANCIS DE SALES HIGH SCHOOL ON THE CELEBRATION OF THE FIFTIETH REUNION OF THE CLASS OF 1958, AND THE FORTIETH REUNION OF THE CLASS OF 1968.

Returned with concurrence.

Received as information.

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. 880 (Word version) -- Senators Campsen, Knotts, Fair and Scott: A BILL TO AMEND SECTION 56-1-2110 OF THE 1976 CODE, RELATING TO DISQUALIFICATION FROM DRIVING A COMMERCIAL MOTOR VEHICLE, TO PROVIDE THAT A PERSON WITH A VERIFIED POSITIVE DRUG TEST OR ALCOHOL CONFIRMATION TEST IS DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE UNTIL THE PERSON SUCCESSFULLY COMPLETES AN ALCOHOL OR DRUG PROGRAM; AND TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, RELATING TO DRIVER'S LICENSES, TO PROVIDE THAT A MEDICAL REPORTING OFFICER CONDUCTING DRUG OR ALCOHOL CONFIRMATION TESTS PURSUANT TO 49 C.F.R. 40 MUST REPORT POSITIVE VERIFIED TEST RESULTS TO THE DEPARTMENT OF MOTOR VEHICLES.

S. 1207 (Word version) -- Senators Matthews, Patterson, Williams, Anderson and Jackson: A BILL TO AMEND SECTION 59-127-20 OF THE 1976 CODE, RELATING TO THE ELECTION OF BOARD MEMBERS TO THE SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES, TO PROVIDE THAT NINE MEMBERS OF THE BOARD ARE ELECTED BY THE GENERAL ASSEMBLY, ONE FROM EACH CONGRESSIONAL DISTRICT AND THREE FROM THE STATE AT LARGE, AND TO PROVIDE THAT THE SOUTH CAROLINA STATE UNIVERSITY ALUMNI ASSOCIATION ELECTS THREE MEMBERS OF THE BOARD OF TRUSTEES.

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

S. 1257 (Word version) -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF YORK COUNTY, AND TO REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

S. 1233 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 59-112-20 OF THE 1976 CODE RELATING TO SOUTH CAROLINA DOMICILE FOR TUITION AND FEE PURPOSES, TO PROVIDE THAT INDEPENDENT PERSONS WHO RESIDE IN AND HAVE BEEN DOMICILED IN SOUTH CAROLINA FOR FEWER THAN TWELVE MONTHS, AND THEIR DEPENDENTS, MAY BE CONSIDERED ELIGIBLE FOR IN-STATE TUITION AND FEES AS LONG AS THE INDEPENDENT PERSON IS EMPLOYED ON A FULL-TIME BASIS WITHIN AN ADJOINING COUNTY IN NORTH CAROLINA OR GEORGIA.

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

The Committee on Education proposed the following amendment (1233R001.JEC), which was adopted:

Amend the bill, as and if amended, page 1, SECTION 1, by striking lines 36 through 41 and inserting:

/       B.   Independent persons who reside in and have been domiciled in South Carolina for fewer than twelve months with an intention of making a permanent home therein but who have full-time employment in the State, and their dependents, may be considered eligible for in-state rates for as long as such independent person is employed on a full-time basis in the State or within an adjoining county in North Carolina or Georgia. The Commission on Higher Education shall explore and establish, if possible, a reciprocal agreement for persons, and theirdependents, who are employed on a full-time basis in this State but are domiciled in an adjoining county in North Carolina or Georgia.       /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 4735 (Word version) -- Reps. Harrell, Cato, Funderburk, Loftis, Sandifer, Thompson, Owens, Harvin, Bedingfield, Leach, Bales, Whipper and R. Brown: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA EDUCATIONAL BROADBAND SERVICE COMMISSION FOR THE PURPOSE OF OBTAINING AND EVALUATING PROPOSALS FROM COMMERCIAL ENTITIES FOR THE LEASING OF SPECTRUM CAPACITY LICENSED TO THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK, TO PROVIDE A PROCESS FOR APPROVAL OF THE LEASES, TO PROVIDE THAT ANY REVENUE RECEIVED FROM THE LEASE OF SPECTRUM CAPACITY SHALL BE DEPOSITED INTO THE STATE GENERAL FUND, TO EXEMPT THE LEASES FROM THE CONSOLIDATED PROCUREMENT CODE, AND TO PROVIDE FOR THE MEMBERSHIP, POWERS, AND DUTIES OF THE COMMISSION.

The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.

Senators McCONNELL and RANKIN proposed the following amendment (JUD4735.012), which was adopted:

Amend the joint resolution, as and if amended, beginning on page 4, by striking lines 36-43 and continuing to page 5, by striking lines 1-5.

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 4680 (Word version) -- Reps. Walker, Anthony, W.D. Smith, Littlejohn, Talley, Kelly, Mahaffey and Davenport: A BILL TO AMEND ACT 906 OF 1962, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL AND COMMUNITY EDUCATION, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION OF A MEMBER FROM CHEROKEE COUNTY SCHOOL DISTRICT ONE AND A MEMBER FROM THE SCHOOL DISTRICT OF UNION COUNTY, TO REDUCE FROM FOUR TO TWO THE AT-LARGE MEMBERS FROM SPARTANBURG COUNTY AND TO PROVIDE TRANSITION PROVISIONS.

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

The Committee on Education proposed the following amendment (4680R001.JEC), which was adopted:

Amend the bill, as and if amended, SECTION 1, page 1, by striking lines 39 and 40 and inserting:

/     Cherokee County School District One shall have one member upon the recommendation of the majority of the Cherokee County Legislative Delegation, the School District of Union County shall have one member upon the recommendation of the majority of the Union County Legislative Delegation, and four two members           /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 815 (Word version) -- Senators Setzler, Courson, Short, Matthews, Rankin, Hayes, Sheheen, Drummond and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 35, TITLE 59 SO AS TO CREATE A FULL-DAY, FOUR-YEAR-OLD KINDERGARTEN, TO DEFINE CERTAIN TERMS, TO PROVIDE REQUIREMENTS FOR STUDENT ELIGIBILITY AND PRIORITY FOR ADMISSION, TO PROVIDE DUTIES OF THE DEPARTMENT OF EDUCATION AND OTHER STATE AGENCIES, TO PROVIDE FUNDING AND REPORTING REQUIREMENTS, TO PROVIDE THAT ENROLLMENT IS A MATTER OF PARENTAL DISCRETION, TO PROVIDE THAT A FEE OR TUITION MAY NOT BE CHARGED, TO PROVIDE A PARENTING EDUCATION PROGRAM, AMONG OTHER THINGS; AND TO DESIGNATE SECTION 59-35-10 AS ARTICLE 1, CHAPTER 35, TITLE 59 AND ENTITLED "FIVE-YEAR-OLD KINDERGARTEN".

On motion of Senator HAYES, the Bill was carried over.

S. 1242 (Word version) -- Senators Leatherman, Cleary, Short and Hayes: A BILL TO ESTABLISH THE SOUTH CAROLINA TAXATION REALIGNMENT COMMISSION, TO PROVIDE FOR THE COMMISSION'S MEMBERSHIP, POWERS, DUTIES, AND RESPONSIBILITIES, TO PROVIDE THAT THE COMMISSION MUST CONDUCT A COMPREHENSIVE STUDY OF THE STATE'S TAX SYSTEM AND SUBMIT A REPORT OF ITS RECOMMENDED CHANGES TO FURTHER THE GOAL OF MAINTAINING AND ENHANCING THE STATE AS AN OPTIMUM COMPETITOR IN THE EFFORT TO ATTRACT BUSINESSES AND INDIVIDUALS TO LOCATE, LIVE, WORK, AND INVEST IN THE STATE, AND TO PROVIDE FOR PROCEDURES GOVERNING THE CONSIDERATION OF LEGISLATION RESULTING FROM THE COMMISSION'S RECOMMENDATIONS.

On motion of Senator MARTIN, the Bill was carried over.

THE SENATE PROCEEDED TO A CONSIDERATION OF
H. 4800, THE GENERAL APPROPRIATION BILL.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senators VERDIN and McGILL proposed the following Amendment No. 33 (DAD 56.1 CLOSED CAPTIONING.DOC), which was adopted (#11) on Tuesday, April 15, 2008. Adoption was reconsidered and the amendment was tabled on Wednesday, April 16, 2008:

Amend the bill, as and if amended, Part IB, Section 56, PUBLIC SERVICE COMMISSION, page 480, paragraph 56.1, by striking the proviso in its entirety, lines 20 - 26 and inserting

/   56.1.   (PSC: Real-Time Closed Captioning - Major Media Markets) The Public Service Commission is authorized and instructed to expend up to $810,000 from the Dual Party Relay Fund in order to continue real-time closed captioning of locally produced news services broadcasts for the four number one rated television stations in the state that are currently providing the service. The purpose of the voluntary project program is to allow for the deaf and hard-of-hearing citizens of our state to have real-time access to news and weather information. Only expenditures directly related to These funds may only be used for the provision and management of real-time closed captioning can be funded from this appropriation at the number one station in each of the respective media markets served in the Upstate, Midlands, Lowcountry, and Pee Dee. This proviso will remain in effect through June 30, 2008 2009, or until such time as a contract for real-time closed captioning may be awarded, whichever comes first. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Having voted on the prevailing side, Senator VERDIN moved to reconsider the vote whereby Amendment No. 33 was adopted.

There was no objection and the motion was adopted to reconsider the vote whereby Amendment No. 33 was adopted.

The question then was the adoption of the amendment.

On motion of Senator VERDIN, with unanimous consent, Amendment No. 33 was laid on the table.

Senators RANKIN, CAMPSEN and CEIPS proposed the following Amendment No. 17 (KW DESTINATION SPECIFIC TOURISM.DOC), which was withdrawn:

Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 448, after line 14, by adding an appropriately numbered paragraph to read:

/(PRT: Destination Specific Tourism Transfer) Of the funds appropriated to the department in the prior fiscal year for Tourism Product Development and carried forward into the current fiscal year, the department shall use $4.5 million for the Destination Specific Tourism Program./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator RANKIN spoke on the amendment.

At 10:56 A.M., Senator MARTIN assumed the Chair.

Senator RANKIN resumed speaking on the amendment.

At 11:31 A.M., Senator McCONNELL assumed the Chair.

Senator RANKIN resumed speaking on the amendment.

With Senator RANKIN retaining the floor, with unanimous consent, Senator CLEARY rose for an Expression of Personal Interest.

Senator RANKIN resumed speaking on the amendment.

At 11:59 A.M., the PRESIDENT assumed the Chair.

Senator RANKIN spoke on the amendment.

At 12:00 P.M., with Senator RANKIN retaining the floor, on motion of Senator LEATHERMAN, with unanimous consent, the Senate receded from business.

At 12:07 P.M., the Senate resumed.

Senator RANKIN spoke on the amendment.

On motion of Senator RANKIN, with unanimous consent, Amendment No. 17 was withdrawn.

Senators ELLIOTT, RANKIN, McGILL, CLEARY and CAMPSEN proposed the following Amendment No. 43 (DAD 1M DESTINATION SPECIFIC.DOC), which was withdrawn:

Amend the bill, as and if amended, Part IB, Section 40, DEPARTMENT OF COMMERCE, page 453, after line 22, by adding an appropriately numbered paragraph to read:

/ (CMRC: Destination Specific Tourism Marketing Transfer) Of the funds authorized for the Coordinating Council for Economic Development, the Department of Commerce is directed to transfer $1,000,000 to the Department of Parks, Recreation, and Tourism for the Destination Specific Tourism Marketing program. These funds shall require the same match requirement as the program currently requires. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator ELLIOTT explained the amendment.

On motion of Senator ELLIOTT, with unanimous consent, Amendment No. 43 was withdrawn from consideration.

Senator McCONNELL proposed the following Amendment No. 42 (DGJUSTICE.DOC), which was adopted (#19):

Amend the bill, as and if amended, Part IB, Section 50, LAW ENFORCEMENT TRAINING COUNCIL, page 470, after line 9, by adding a new paragraph to read:

/   (LETC: Justice Academy Funds)   The Criminal Justice Academy shall study and provide a written report to the General Assembly regarding the establishment of regional basic and advanced law enforcement training programs. The purpose of the study is to determine if basis and advanced law enforcement training offered by the Criminal Justice Academy to local law enforcement agencies at technical colleges in various regions of the State would provide for a more accessible, economical, and efficient procedure of law enforcement training. The Criminal Justice Academy shall cooperate with local law enforcement agencies and technical colleges in conducting the study.     /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Senator MARTIN proposed the following Amendment No. 60 (DGEPT.DOC), which was adopted (#20):

Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 521, by deleting paragraph 80A.59.

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

Senator FAIR proposed the following Amendment No. 40 (DAD 100K CHILDRENS TRUST FUND.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 521, after line 18, by adding an appropriately numbered paragraph to read:

/ (BCB: Children's Trust Fund Transfer) The Budget and Control Board is directed to transfer $100,000 to the Governor's Office of Executive Policy and Programs for the Children's Trust Fund from the following agency cash balances: $3,435 from CCF Ward vs. State; $19,870 from the Baldrige Training Fund; $25,354 from the Brandenburg Fund; $39,808 from the Funded Debt Sinking Fund; and $11,533 from the Civil Contingent Fund /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator FAIR explained the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Senator BRYANT proposed the following Amendment No. 54 (DAD ETV 800K.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 521, after line 18, by adding an appropriately numbered paragraph to read:

/ (BCB: ETV Satellite Funding) From the funds carried forward by the Budget and Control Board, the board shall transfer $800,000 to the Educational Television Commission for Educational Satellite
Services. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator BRYANT explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator BRYANT moved to lay the amendment on the table.

The amendment was laid on the table.

Senator BRYANT proposed the following Amendment No. 57 (DGCOMMERCE.DOC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 521, after line 18, by adding an appropriately numbered paragraph to read:

/ (BCB: Deal Closing) From the funds carried forward by the Budget and Control Board, the board shall transfer $7,000,000 to the Department of Commerce for the Deal Closing Fund. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator BRYANT explained the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Senator BRYANT proposed the following Amendment No. 61A (4800R014.KLB.DOC), which was adopted (#21A):

Amend the bill, as and if amended, Part IB, Section 86, AID TO SUBDIVISIONS, STATE TREASURER, Page 525, after line 17, by adding an appropriately numbered new proviso to read:

/     86.___.   (Transaction Register) Funds appropriated in Part IA, Section 86, Aid to Subdivisions, State Treasurer, may not be distributed to counties or county officials unless the county government maintains a transaction register that includes a complete record of all checks written for one hundred dollars or more from whatever source for whatever purpose and all of the county's credit card expenditures, including expenditures on credit cards issued to the county's officers or employees for official use. The register must be prominently posted on the internet website maintained by the county and made available for public viewing and downloading. The register must include for each check and expenditure: (a) the transaction amount;(b) the name of the payee; and (c) a detailed statement of the purpose of the check or expenditure. The register must not include an entry for salary, wages, or other compensation paid to individual employees. The register must not include any information that can be used to identify an individual employee. The register must be accompanied by a complete explanation of any codes or acronyms used to identify a payee or an expenditure. The register must be searchable and updated at least once a month. Each monthly register must be maintained on the internet website for one year.       /

Renumber sections to conform.

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Senator BRYANT explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

The disclosure of any financial information of a public body should be open for public disclosure under our law, and we believe that is already required under the state's Freedom of Information Act. However, this amendment establishes a disclosure requirement that may well result in additional costs to the counties' taxpayers. Also, it will likely result in confusion about why the money is being spent since no name is to be attached to the expenditure. While it is well intended, an amendment of this nature should be discussed and vetted by the appropriate committee and provide our state's county officials with an opportunity to be heard on it. For these reasons, we are opposed to its approval as a floor amendment to the state budget.

At 12:57 P.M., on motion of Senator LEATHERMAN, the Senate receded from business until 2:00 P.M.

The Senate reassembled at 2:09 P.M. and was called to order by the ACTING PRESIDENT, Senator MARTIN.

At 2:09 P.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

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

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

A quorum being present, the Senate resumed.

At 2:26 P.M., Senator McCONNELL assumed the Chair.

6.20.   (CHE: Excellence Enhancement Program Additions) Notwithstanding any other provision of law, Converse College and Columbia College shall be eligible to receive funds under the Higher Education Excellence Enhancement Program.

On motion of Senator RITCHIE, with unanimous consent, the Point of Order raised on Proviso 6.20 inasmuch as it was violative of Rule 24A, was withdrawn.

Senator HAYES raised a Point of Order that Proviso 1.8 was out of order inasmuch as it was violative of Rule 24A.

1.8.   (SDE: Educational Responsibility/Foster Care) Notwithstanding any other provision of law, Except as otherwise may be provided by the McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11431, et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), the Individuals with Disabilities Education Act (20 U.S.C. Section 1400, et seq.), or South Carolina Code, Section 59-33-90, the responsibility for providing a free and appropriate public education program for all children including disabled students is vested in the public school district wherein a child of lawful school age resides in a foster home, group home, orphanage, or a state operated health care facility including a facility for treatment of mental illness or chemical dependence and habilitation centers for mentally retarded persons or persons with related conditions located within the jurisdiction of the school district. For children in other alternative residences for the purpose of receiving medical or psychological treatment or care, and not attending a private educational program, responsibility shall remain with the school district wherein the child's lawful parent or guardian resides in South Carolina, and educational services may be provided pursuant to the Department of Education's medical homebound services regulations and guidelines. The districts concerned may agree upon acceptable local cost reimbursement. If no agreement is reached, districts providing education shall receive from the district where the child last resided before placement in a facility an additional amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act. If a child from out of state is residing in a facility owned and/or operated by a for profit entity, the district providing educational services shall be reimbursed by the for profit entity the local district's local support per weighted pupil above the statewide average base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act or the actual cost to the school district of providing the educational services, whichever is greater. This also applies to John de la Howe School who also has the authority to seek reimbursement in any situation that the school district has participation in the placement of the student. John de la Howe school shall be reimbursed the local district's local support per weighted pupil above the statewide average base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act. Participation will be evidenced by a written agreement from the IEP team or 504 team, written referral, or the school district initiating the placement process. School districts providing the education shall notify the nonresident district in writing within 45 calendar days that a student from the nonresident district is receiving education services pursuant to the provisions of the proviso. The notice shall also contain the student's name, date of birth, and disabling condition if available. If appropriate financial arrangements cannot be effected between institutions of the state, including independent school districts under the authority of the Department of Disabilities and Special Needs, and school districts, institutions receiving educational appropriations shall pay the local base student cost multiplied by the appropriate pupil weighting. Children residing in institutions of state agencies shall be educated with nondisabled children in the public school districts if appropriate to their educational needs. Such institutions shall determine, on an individual basis, which children residing in the institution might be eligible to receive appropriate educational services in a public school setting. Once these children are identified, the institution shall convene an IEP meeting with officials of the public school district in which the institution is located. If it is determined by the committee that the least restrictive environment in which to implement the child's IEP is a public school setting, then the school district in which the institution is located must provide the educational services. However, that school district may enter into contractual agreements with any other school district having schools located within a 45 mile radius of the institution. The cost for educating such children shall be allocated in the following manner: the school district where the child last resided before being placed in an institution shall pay to the school district providing the educational services an amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act; the school district providing the educational services shall be able to count the child for all funding sources, both state and federal. The institution and school district, through contractual agreements, will address the special education and related services to be provided to students. Should the school district wherein the institution is located determine that the child cannot be appropriately served in a public school setting, then the institution may request a due process hearing pursuant to the procedures provided for in the Individuals with Disabilities Education Act.

The agreed upon acceptable local cost reimbursement or the additional amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting set forth in Section 59-20-40, for instructional services provided to out-of-district students, shall be paid within 60 days of billing, provided the billing district has provided a copy of the invoice to both the Superintendent and the finance office of the district being invoiced. Should the district not pay within 60 days, the billing district can seek relief from the Department of Education. The department shall withhold EFA funding equal to the billing from the district refusing to pay and submit the funding (equal to the invoice) to the billing school district.

The agency placing a child in any situation that requires changing school districts, must work with the schools to assure that all required school records, including confidential records, are transferred from the sending to the receiving school within three working days. School records to be transferred should include grade transcripts, state birth certificate, certificate of immunization, social security card, attendance records, discipline records, IEP's, psychological reports (or notation in the school records that a psychological report on the child is available at the school district office) and any other records necessary for the appropriate placement of the child in the new school. School districts must release all records upon presentation of a court order or appropriate permission for confidential release. If evaluation or placement is pending, the receiving school district is responsible to secure information and to complete the placement. The receiving school will maintain appropriate confidentiality of all records received on a child.

The PRESIDENT Pro Tempore took the Point of Order under advisement.

On motion of Senator HAYES, with unanimous consent, the Point of Order was subsequently withdrawn.

Senators FAIR and THOMAS proposed the following Amendment No. 46 (DAD UNIV CTR 860K.DOC), which was tabled:

Amend the bill, as and if amended, Part IA, Section 6, COMMISSION ON HIGHER EDUCATION, page 30, line 19, by:

COLUMN 7   COLUMN 8

/   STRIKING:   417,743   417,743

and

INSERTING:   1,278,232   1,278,232/

Amend the bill further, as and if amended, Part IA, Section 31, STATE MUSEUM COMMISSION, page 151, line 11, by:

COLUMN 7   COLUMN 8

/   STRIKING:   3,041,694   2,649,173

and

INSERTING:   2,271,463   1,878,942/

Amend the bill further, as and if amended, Part IA, Section 80A, BUDGET AND CONTROL BOARD, page 315, line 21, by:

COLUMN 7   COLUMN 8

/   STRIKING:   473,100   445,000

and

INSERTING:   382,842   354,742

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator FAIR explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Senator BRYANT proposed the following Amendment No. 68A (DGEMPPAY3.DOC), which was tabled:

Amend the bill, as and if amended, Part IA, Section 6, COMMISSION ON HIGHER EDUCATION, page 30, line 32, by:

COLUMN 7   COLUMN 8

/   STRIKING:   1,371,930   1,371,930

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IA, Section 6, page 30, line 33, by:

COLUMN 7   COLUMN 8

/   STRIKING:   1,506,801   1,506,801

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IA, Section 6, page 30, line 36, by:

COLUMN 7   COLUMN 8

/   STRIKING:   1,201,015   1,201,015

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IA, Section 18, page 84, line 34, by:

COLUMN 7   COLUMN 8

/   STRIKING:   1,500,000   1,500,000

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IA, Section 6, page 33, line 7, by:

COLUMN 7   COLUMN 8

/   STRIKING:   2,409,820   2,409,820

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IA, Section 9, CLEMSON UNIVERSITY, page 40, line 4, by:

COLUMN 7   COLUMN 8

/   STRIKING:   2,000,000   2,000,000

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IA, Section 10, UNIVERSITY OF CHARLESTON, page 43, line 20, by:

COLUMN 7   COLUMN 8

/   STRIKING:   1,204,314   1,204,314

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IA, Section 10, page 43, line 22, by:

COLUMN 7   COLUMN 8

/   STRIKING:   901,800   901,800

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IA, Section 15A, UNIVERSITY OF SOUTH CAROLINA, page 57, line 21, by:

COLUMN 7   COLUMN 8

/   STRIKING:   1,000,000   1,000,000

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IA, Section 15A, page 57, line 22, by:

COLUMN 7   COLUMN 8

/   STRIKING:   1,500,000   1,500,000

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IA, Section 15A, page 57, line 23, by:

COLUMN 7   COLUMN 8

/   STRIKING:   1,000,000   1,000,000

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IA, Section 15A, page 57, line 29, by:

COLUMN 7   COLUMN 8

/   STRIKING:   936,534   936,534

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IA, Section 15A, page 57, line 31, by:

COLUMN 7   COLUMN 8

/   STRIKING:   100,000   100,000

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IA, Section 18, TECHICAL AND COMPREHENSIVE EDUCATION BOARD, page 84, line 35, by:

COLUMN 7   COLUMN 8

/   STRIKING:   1,500,000   1,500,000

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IA, Section 15D, page 84, line 36, by:

COLUMN 7   COLUMN 8

/   STRIKING:   1,000,000   1,000,000

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IA, Section 15D, page 84, line 38, by:

COLUMN 7   COLUMN 8

/   STRIKING:   1,500,000   1,500,000

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IA, Section 15D, page 84, line 39, by:

COLUMN 7   COLUMN 8

/   STRIKING:   775,000   775,000

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IA, Section 49, DEPARTMENT OF PUBLIC SAFETY, page 217, line 27, by:

COLUMN 7   COLUMN 8

/   STRIKING:   257,317   257,317

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IA, Section 78, ADJUTANT GENERAL'S OFFICE, page 301, line 13, by:

COLUMN 7   COLUMN 8

/   STRIKING:   151,495   151,495

and

INSERTING:   0   0/

Amend the bill further, as and if amended, Part IB, page 573, paragraph 90.12, by striking lines 4, 6, 7, 14, and 15.

Amend the bill further, as and if amended, Part IB, page 574, paragraph 90.13, by striking line 33.

Amend the bill further, as and if amended, Part IB, Section 34, DEPARTMENT OF AGRICULTURE, page 442, after line 6, by adding a new paragraph to read

/   (AGRI: Pay Increase)   Of the funds appropriated to the Department of Agriculture by Act 122 of 2007 for the Farmers Market, the department shall transfer $6,000,000 of the funds carried forward from the prior fiscal year to the Budget and Control Board Employee Benefits.     /

Amend the bill further, as and if amended, Part IB, page 518, Section 80A, BUDGET AND CONTROL BOARD, paragraph 80A.47, lines 21 and 26, and page 519, lines 4, 5, 7, 10, 12, and 14 by striking all references to / 0% / and by inserting / 2% /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator BRYANT explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Senators BRYANT and RYBERG desired to be recorded as voting against the motion to table Amendment No. 68A.

Senator FAIR proposed the following Amendment No. 59 (DAD SCDC 1M.DOC), which was tabled:

Amend the bill, as and if amended, Part IA, Section 31, STATE MUSEUM COMMISSION, page 151, line 11, by:

COLUMN 7   COLUMN 8

/   STRIKING:   3,041,694   2,649,173

and

INSERTING:   2,091,463   1,698,942/

Amend the bill further, as and if amended, Part IA, Section 51, DEPARTMENT OF CORRECTIONS, page 222, line 3, by:

COLUMN 7   COLUMN 8

/   STRIKING:   75,204,445   57,264,252

and

INSERTING:   76,264,934   58,324,741

Amend the bill further, as and if amended, Part IA, Section 80A, BUDGET AND CONTROL BOARD, page 315, line 21, by:

COLUMN 7   COLUMN 8

/   STRIKING:   473,100   445,000

and

INSERTING:   362,842   334,742

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator FAIR explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

At 2:50 P.M., Senator MARTIN assumed the Chair.

Senators CLEARY and SHORT proposed the following Amendment No. 47 (DGLMOE.DOC), which was adopted (#22):

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 362, paragraph 1.45, after line 15, by adding:

/   For fiscal year 2008-2009, Section 59-21-1030 is suspended. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator CLEARY explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator SHEHEEN raised a Point of Order that Amendment No. 47 was out of order inasmuch as it was violative of Rule 24A.

Senator THOMAS spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator SHEHEEN spoke on the Point of Order.

The ACTING PRESIDENT overruled the Point of Order.

Senator CLEARY spoke on the amendment.

The amendment was adopted.

Senators McCONNELL, CAMPSEN, GROOMS, ELLIOTT and RANKIN proposed the following Amendment No. 53 (DGEFA2.DOC), which was tabled, subsequently reconsidered, withdrawn and incorporated into Amendment No. 70:

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 376, by striking paragraph 1.71 and inserting :

/   1.71.   (SDE: Education Finance Act Reserve Fund) (A) There is created in the State Treasury a fund separate and distinct from the General Fund of the State and all other funds entitled the Education Finance Act Reserve Fund. All unexpended general funds appropriated to the Department of Education for the Education Finance Act in the current fiscal year shall be transferred to the Education Finance Act Reserve Fund. In the event that the amount appropriated for the Education Finance Act is insufficient to fully fund the base student cost as established by this act, revenues from the Education Finance Act Reserve Fund may be used to supplement the funds appropriated. The General Assembly may make direct appropriations to this fund. All unexpended funds in the Education Finance Act Reserve Fund and any interest accrued by the fund must remain in the fund and may be carried forward into the current fiscal year.

(B)   The Department of Education must notify the State Treasurer in the event that any school district in this State is projected to receive less state EFA Employer Contribution Funds than the prior fiscal year. Upon notification, the Treasurer must disburse to the Department of Education a sufficient amount of reserve funds to compensate for the difference that any district is projected to receive as compared to the prior fiscal year. The department must use these funds to supplement the school district's monthly disbursement of state EFA Employer Contribution Funds so that the district's monthly disbursement is equivalent to the prior fiscal year. The Treasurer is not required to disburse reserve funds to compensate for the difference unless funds are available based on the prior year's audited one hundred thirty-five day student count and unexpended general funds appropriated for the Education Finance Act as adjusted by the current fiscal year's forty-five day student count and the one hundred thirty-five day fund student count.

(C)   After the obligations in (B) have been met, the Department of Education must notify the State Treasurer in the event that any school district in this State is projected to receive less in total state EFA and EFA Reserve Funds than the prior fiscal year. Upon notification, the Treasurer must disburse to the Department of Education a sufficient amount of reserve funds to compensate for the difference that any district is projected to receive as compared to the prior fiscal from the combination of the total EFA and EFA Reserve Funds. The Treasurer is not required to disburse reserve funds to compensate for the difference unless funds are available based on the prior year's audited one hundred thirty-five day student count and unexpended general funds appropriated for the Education Finance Act as adjusted by the current fiscal year's forty five day student count and the one hundred thirty five day fund student count.     /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator McCONNELL explained the amendment.

At 3:26 P.M., the PRESIDENT assumed the Chair.

Senator McCONNELL explained the amendment.

Senator PEELER spoke on the amendment.

Senator McCONNELL argued in favor of the adoption of the amendment.

Senator HUTTO moved to lay the amendment on the table.

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

Anderson                  Bryant                    Courson
Drummond                  Hawkins                   Hutto
Knotts                    Land                      Leventis
Lourie                    Malloy                    Massey
Matthews                  Patterson                 Peeler
Reese                     Ryberg                    Setzler
Sheheen                   Short                     Verdin
Williams

Alexander                 Campbell                  Campsen
Ceips                     Cleary                    Cromer
Elliott                   Fair                      Ford
Gregory                   Hayes                     Jackson
Leatherman                Martin                    McConnell
McGill                    O'Dell                    Pinckney
Rankin                    Scott                     Thomas

The amendment was laid on the table.

Senator CAMPSEN asked unanimous consent to make a motion in Senator GROOMS' absence, that Senator GROOMS be granted leave to vote against the motion to table Amendment No. 53, not changing the outcome. Inasmuch as casting a "no" vote would change the outcome, the vote was not counted.

Senator PEELER spoke on the amendment.

Senator HAYES spoke on the amendment.

Senators HAYES, GREGORY, SETZLER and CEIPS proposed the following Amendment No. 58 (DGEFA3.DOC), which was withdrawn and incorporated into Amendment No. 70:

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 376, by striking paragraph 1.71 and inserting:

/   1.71.   (SDE: Education Finance Act Reserve Fund) (A) There is created in the State Treasury a fund separate and distinct from the General Fund of the State and all other funds entitled the Education Finance Act Reserve Fund. All unexpended general funds appropriated to the Department of Education for the Education Finance Act in the current fiscal year shall be transferred to the Education Finance Act Reserve Fund. In the event that the amount appropriated for the Education Finance Act is insufficient to fully fund the base student cost as established by this act, revenues from the Education Finance Act Reserve Fund may be used to supplement the funds appropriated. The General Assembly may make direct appropriations to this fund. All unexpended funds in the Education Finance Act Reserve Fund and any interest accrued by the fund must remain in the fund and may be carried forward into the current fiscal year.

(B)   The Department of Education must notify the State Treasurer in the event that any school district in this State is projected to receive less state EFA Employer Contribution Funds than the prior fiscal year. Upon notification, the Treasurer must disburse to the Department of Education a sufficient amount of reserve funds to compensate for the difference that any district is projected to receive as compared to the prior fiscal year. The department must use these funds to supplement the school district's monthly disbursement of state EFA Employer Contribution Funds so that the district's monthly disbursement is equivalent to the prior fiscal year. The Treasurer is not required to disburse reserve funds to compensate for the difference unless funds are available based on the prior year's audited one hundred thirty-five day student count and unexpended general funds appropriated for the Education Finance Act as adjusted by the current fiscal year's forty-five day student count and the one hundred thirty-five day fund student count.

(C)   After the obligations in (B) have been met the Department of Education must notify the State Treasurer in the event that any school district in this State is projected to receive less in total state EFA and EFA Reserve Funds than the prior fiscal year. Upon notification, the Treasurer must disburse to the Department of Education a sufficient amount of reserve funds to compensate for the difference that any district is projected to receive as compared to the prior fiscal from the combination of the total EFA and EFA Reserve Funds. The Treasurer is not required to disburse reserve funds to compensate for the difference unless funds are available based on the prior year's audited one hundred thirty-five day student count and unexpended general funds appropriated for the Education Finance Act as adjusted by the current fiscal year's forty-five day student count and the one hundred thirty-five day fund student count.

(D)   After the obligations in (B) and (C) have been met the Department of Education must notify the State Treasurer in the event that any school district in this State has experienced growth in the number of Weighted Pupil Units from the second preceding year's final one hundred thirty-five day student count as compared to the prior fiscal year's one hundred thirty-five day student count. Upon notification, the Treasurer must disburse to the Department of Education a sufficient amount of reserve funds to compensate each of the identified districts with additional funding at ten percent of the current year's appropriated base student cost for each weighted pupil unit that exceeds the statewide average Weighted Pupil Unit growth from the second preceding year's final one hundred thirty-five day student count as compared to the prior fiscal year's one hundred thirty-five day student count. The Treasurer is not required to disburse reserve funds to compensate for growth unless funds are available based on the prior year's audited one hundred thirty-five day student count and unexpended general funds appropriated for the Education Finance Act as adjusted by the current fiscal year's forty-five day student count and the one hundred thirty five day fund student count. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator HAYES explained the amendment.

At 4:26 P.M., with Senator HAYES retaining the floor, on motion of Senator PEELER, with unanimous consent, the Senate receded from business.

At 4:52 P.M., the Senate resumed.

Senator HAYES resumed speaking on the amendment.

The PRESIDENT took up the Points of Order raised by Senator McCONNELL on Wednesday, April 15, 2008, that the following Provisos were out of order inasmuch as each was violative of Rule 24A.

Proviso 1.4 - Overruled

1.4.   (SDE: EFA - Formula) The amount appropriated in Part IA, Section 1 for "Education Finance Act" shall be the maximum paid under the provisions of Act 163 of 1977 (the South Carolina Education Finance Act of 1977) to the aggregate of all recipients. The South Carolina Education Department shall develop formulas to determine the state and required local funding as stipulated in the South Carolina Education Finance Act of 1977. Such formulas shall require the approval of the State Board of Education and the Budget and Control Board. After computing the EFA allocations for all districts, the department shall determine whether any districts' minimum required local revenue exceeds the districts' total EFA Foundation Program. When such instance is found, the department shall adjust the index of taxpaying ability to reflect a local effort equal to the cost of the districts' EFA Foundation Program. The districts' weighted pupil units are to be included in determination of the funds needed for implementation of the Education Finance Act statewide.

In the event that the formulas as devised by the Department of Education and approved by the State Board of Education and the Budget and Control Board should provide for distribution to the various school districts totaling more than the amount appropriated for such purposes, subject to the provisions of this proviso, the Department of Education shall reduce each school district entitlement by an equal amount per weighted pupil so as to bring the total disbursements into conformity with the total funds appropriated for this purpose. If a reduction is required in the state's contribution, the required local funding shall be reduced by the proportionate share of local funds per weighted pupil unit. The Department of Education shall continually monitor the distribution of funds under the provisions of the Education Finance Act and shall make periodic adjustments to disbursements to insure that the aggregate of such disbursements do not exceed the appropriated funds.

Notwithstanding any other provision of law, local districts shall not be mandated or required to inflate the base number in their respective salary schedules by any percentage greater than the percentage by which the appropriated base student cost exceeds the appropriated base student cost of the prior fiscal year.

The PRESIDENT overruled the Point of Order.

Proviso 1A.41 - Sustained

1A.41.   (SDE-EIA: Report Card Printing) The State Department of Education is prohibited from printing the Annual School and District Report Card in any other color other than black and white. School districts must advertise the results of their schools' report cards in an audited newspaper of general circulation in their geographic area within 45 days. If the audited newspaper has previously published the entire report card results as a news item, this requirement is waived for the school and district. Notwithstanding Section 59-18-930, the requirement to mail school and district report cards is suspended and report cards may be sent home with the students. The parent survey required by Section 59-28-190 may be sent home with the students and the department must use the results of the parent survey to report parent perceptions on the school report cards.

The PRESIDENT sustained the Point of Order.

Proviso 1A.41 was ruled out of order.

Proviso 1A.45 - Sustained

1A.45.   (SDE-EIA: Critical Geographic Area) Notwithstanding the provision of Section 59-26-20(j) for those students seeking loan cancellation under the Teacher Loan Program after July 1, 2004, "critical geographic area" shall be defined as schools that have an absolute rating of below average or unsatisfactory, schools where the average teacher turnover rate for the past three years is 20 percent or higher, or schools that meet the poverty index criteria at the 70 percent level or higher. The list shall also include special schools, alternative schools, and correctional centers as identified by the State Board of Education. After July 1, 2005, students shall have their loan canceled based on those schools or districts designated as a critical geographic area at the time of employment. The definition of critical geographic area shall not change for those students who are in the process of having a loan canceled, on or before June 30, 2005. Beginning in Fiscal Year 2005-06 the maximum loan amount will be increased to an amount not to exceed $20,000.

The PRESIDENT sustained the Point of Order.

Proviso 1A.45 was ruled out of order.

Proviso 1A.47 - Sustained

1A.47.   (SDE-EIA: EAA Summer School, Grades 3-8) Funds appropriated for summer school shall be allocated to each local public school district based on the number of academic subject area scores below the basic on the prior year Spring PACT administration for students in grades three through eight and on the number of students entering ninth grade who score below proficient in reading. Individual student scores on the PACT shall not be the sole criterion used to determine whether a student on an academic plan the prior year will be placed on probation or retained. Individual student scores on the PACT shall not be the sole criterion for requiring students to attend summer school. School districts may consider other factors such as student performance, teacher judgment, and social, emotional, and physical development in placing students on academic probation or requiring summer school attendance. Students may not be placed on academic probation or retained based solely on the PACT scores. The State Department of Education working with the Education Oversight Committee must develop a method to supplement the PACT with diagnostic training and materials aligned to the content standards. Current year appropriations may be expended for prior year EAA summer school purposes. Local public school districts shall utilize these funds in accordance with the requirements of Section 59-18-500 of the 1976 Code. The State Department of Education is directed to utilize PACT-like tests aligned with standards to be administered to students on academic probation required to attend summer school. The test shall be a determinate in judging whether the student has the skills to succeed at the next grade level. The State Board of Education shall establish regulations to define the extenuating circumstances including death of an immediate family member or severe long-term student illness, under which the requirements of Section 59-18-900(D) may be waived. Furthermore, the Department of Education, working with and through the SC Afterschool Alliance, will provide $250,000 to produce a model of voluntary quality standards for out-of-school time programs, develop a directory of technical assistance, and identify gaps of service.

The PRESIDENT sustained the Point of Order.

Proviso 1A.47 was ruled out of order.

Proviso 6.10 - Sustained

6.10.   (CHE: Furlough) Notwithstanding Section 8-11-195 of the 1976 Code, or any other provision of law, in a fiscal year in which the general funds appropriated for an institution of higher education are less than the general funds appropriated for that institution in the preceding fiscal year, or whenever the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, agency heads for institutions of higher education and the State Board for Technical and Comprehensive Education through policy and procedure for the Technical College System may institute employee furlough programs of not more than twenty working days in the fiscal year in which the deficit is projected to occur. The furlough must be inclusive of all employees regardless of source of funds, place of work, or tenure status, and must include employees in classified positions and unclassified positions as well as agency heads. Scheduling of furlough days, or portions of days, shall be at the discretion of the agency or individual institution. During this furlough, affected employees shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries. As to those benefits which require employer and employee contributions, including but not limited to contributions to the South Carolina Retirement System or the optional retirement program, institutions will be responsible for making both employer and employee contributions during the time of the furlough if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions. Placement of an employee on furlough under this provision does not constitute a grievance or appeal under the State Employee Grievance Act. In the event an institution's reduction is due solely to the General Assembly transferring or deleting a program, this provision does not apply. The implementation of a furlough program authorized by this provision shall be on an institution by institution basis.

The PRESIDENT sustained the Point of Order.

Proviso 6.10 was ruled out of order.

Proviso 6.11 - Sustained

6.11.   (CHE: Unspent Scholarship Grants) Notwithstanding the provisions of Section 59-143-10, any unspent balance in the Higher Education Scholarship Grants share of the Children's Education Endowment Fund, including interest and low-level radioactive waste tax revenue from previous years' collections, may be made available for Need-based Grants and Palmetto Fellows Scholarships during the current fiscal year.

The PRESIDENT sustained the Point of Order.

Proviso 6.11 was ruled out of order.

Proviso 6.14 - Sustained

6.14.   (CHE: Gifted Student Scholarship Criteria) For an exceptionally gifted student who is a resident of South Carolina and is accepted into an institution of higher learning without having attended or graduated from high school, the Commission on Higher Education by regulation must define alternative criteria for the student to qualify for a Palmetto Fellows Scholarship.

The PRESIDENT sustained the Point of Order.

Proviso 6.14 was ruled out of order.

Proviso 6.17 - Sustained

6.17.   (CHE: International Exchange Program Abatement) State supported colleges and universities which have an established and ongoing relationship in one or more degree programs with an international institution, the terms of which have been formally approved by the institution's Board of Trustees, and the relationship includes regular arrangements for the enrollment of qualified students and/or the exchange of faculty between the institutions, although not necessarily in equal exchange numbers, may charge tuition to such qualified students at the South Carolina resident rate.

The PRESIDENT sustained the Point of Order.

Proviso 6.17 was ruled out of order.

Proviso 6.20 - Withdrawn

6.20.   (CHE: Excellence Enhancement Program Additions) Notwithstanding any other provision of law, Converse College and Columbia College shall be eligible to receive funds under the Higher Education Excellence Enhancement Program.

On motion of Senator RITCHIE, with unanimous consent, the Point of Order was withdrawn.

Proviso 15.5 - Withdrawn

15.5.   (USC: Beaufort Campus - Reciprocal Tuition) The University of South Carolina Beaufort Campus may offer in-state tuition to any student whose legal residence is in the Chatham-Effingham and Bryan County area of the neighboring state of Georgia as long as the Georgia Board of Regents continues its Georgia Tuition Program by which in-state tuition is offered to students residing in the Beaufort/Jasper County area of the State of South Carolina.

On motion of Senator McCONNELL, with unanimous consent, the Point of Order was withdrawn.

Proviso 18.4 - Sustained

18.4.   (TEC: NC/GA Reciprocal) The South Carolina Technical Colleges may offer in-state tuition to the bordering North Carolina and Georgia communities when a negotiated reciprocal agreement is in effect with the two-year colleges in these neighboring regions or when students from these out-of-state communities are employed by South Carolina employers who pay South Carolina taxes.

The PRESIDENT sustained the Point of Order.

Proviso 18.4 was ruled out of order.

Proviso 19.2 - Sustained

19.2.   (ETV: New Facility Equipment Purchases & Renovations) Notwithstanding any other provisions of law, the commission, with approval by the Budget and Control Board, is allowed to sell or lease its facilities, property, equipment, programs, publications, and other program related materials, and funds received therefrom may be used for equipment purchases and renovations of its facilities upon review by the Joint Bond Review Committee and approval by the Budget and Control Board.

The PRESIDENT sustained the Point of Order.

Proviso 19.2 was ruled out of order.

Proviso 21.9 - Sustained

21.9.   (DHHS: Managed Care) The Insurance Law of South Carolina and the regulations promulgated thereunder shall not apply to partially capitated, primary care providers, insofar as such groups or individuals are defined by and agree to provide health care services under South Carolina's Medicaid Managed Care Program.

The PRESIDENT sustained the Point of Order.

Proviso 21.9 was ruled out of order.

Proviso 21.13 - Withdrawn

21.13.   (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 Individual patient consent for substitution as required in S.C. Code of Laws Section 40-43-86(H)(6) shall not be required.

On motion of Senator McCONNELL, with unanimous consent, the Point of Order was withdrawn.

Proviso 21.17 - Sustained

21.17.   (DHHS: Hospital Tax - Medicaid Expansion Fund) The tax on licensed hospitals imposed pursuant to Article 11, Chapter 23, Title 12 of the 1976 Code, must initially equal two hundred and sixty-four million dollars. The amount of each general hospital's tax shall be derived from Schedule B, Part 1 of each hospital's cost report. The initial annual tax shall be collected, beginning July 1, 2006, based upon the reconciled account of each general hospital under this Article considering any partial payments or uncollected portion of the previous assessment under this Article for the fiscal year ending June 30, 2006 and upon notification from the Department of Revenue, on behalf of and based upon calculations performed by the Department of Health and Human Services, each general hospital shall remit the balance due based on a payment schedule as determined by the Department of Health and Human Services. Furthermore, beginning July 1, 2006, on the first day of each quarter, each general hospital shall remit one-fourth of a second and each successive annual tax, as calculated above, based upon operations conducted during the fiscal year ending June 30, 2007, and each successive state fiscal year, to the Department of Revenue. The tax must be paid for each quarter a hospital is in operation. If a hospital ceases operations, the taxes not paid as a result of the cessation of operations must be apportioned among other hospitals in operation. In addition to the purposes specified in Section 44-6-155, monies in the Medicaid Expansion Fund shall be used to provide healthcare coverage to the Medicaid-eligible and uninsured populations in South Carolina.

The PRESIDENT sustained the Point of Order.

Proviso 21.17 was ruled out of order.

Proviso 21.21 - Overruled

21.21.   (DHHS: Franchise Fees Suspension) Franchise fees imposed on nursing home beds and enacted by the General Assembly during the 2002 session are suspended July 1, 2002.

The PRESIDENT overruled the Point of Order.

Proviso 21.25 - Sustained

21.25.   (DHHS: Pharmacy and Therapeutics Committee) There is established within the department the Pharmacy and Therapeutics Committee. The committee must consist of fifteen members appointed by the director and serving at his pleasure. The members must include eleven physicians and four pharmacists licensed to practice in South Carolina and actively engaged in providing services to the South Carolina Medicaid population. The physicians may include, but are not limited to, doctors who have experience in treating diabetes, cancer, HIV/AIDS, mental illness, and hemophilia and who practice in internal medicine, primary care, and pediatrics. The committee shall adopt by-laws that include, at a minimum, the length of a membership. A chairman and a vice chairman shall be elected on an annual basis from the committee membership. Committee members must not be compensated for service on the committee. However, committee members may be reimbursed for actual and necessary expenses incurred pursuant to discharging committee duties in an amount not to exceed the mileage and subsistence amounts allowed by law for members of boards, commissions, and committees. The committee must meet at least quarterly and may meet at other times at the discretion of the chairman or the director of the department. Committee meetings are subject to the provisions of the Freedom of Information Act. The department shall publish notice of regular business meetings of the committee at least thirty days before the meeting. However, the director or chairman may call special meetings of the committee and provide such notice as may be practical. The committee must provide for public comment, including comment on clinical and patient care data from Medicaid providers, representatives of the pharmaceutical industry, and patient advocacy groups. Proprietary information as defined in the trade secret law shall not be discussed. Trade secrets as defined in Section 30-4-40(a)(1) and relevant federal law must not be publicly disclosed. The committee must recommend to the department therapeutic classes of drugs that should be included on a Preferred Drug List. For those recommended classes, the committee shall recommend the drug or drugs considered preferred within that class based on safety and efficacy. In determining safety and efficacy, the committee may consider all submitted public comment or clinical information including, but not limited to, scientific evidence, standards of practice, peer-reviewed medical literature, randomized clinical trials, pharmacoeconomic studies, and outcomes research data. The committee also shall recommend prior authorization criteria for nonpreferred drugs in the recommended therapeutic classes. Any Preferred Drug List program implemented by the department must include: (1) procedures to ensure that a request for prior authorization that has no material defect or impropriety can be processed within twenty-four hours of receipt; (2) procedures to allow the prescribing physician to request and receive notice of any delays or negative decision in regard to a prior authorization; (3) procedures to allow the prescribing physician to request and receive a second review of any denial of a prior authorization request; and (4) procedures to allow a pharmacist to dispense an emergency, seventy-two hour supply of a drug requiring prior authorization without such prior authorization if the pharmacist: (a) has made a reasonable attempt to contact the physician and request that the prescribing physician secure prior authorization; and (b) reasonably believes that refusing to dispense a seventy-two-hour would unduly burden the Medicaid recipient and produce an undesirable health consequences. A grant of prior authorization for a drug is specific to the drug, rather than the actual prescription, and extends to all refills allowed pursuant to the original prescription and to subsequent prescriptions for the same drug at the same dosage provided the time allowed by the prior authorization has not expired. A Medicaid recipient who has been denied prior authorization for a prescribed drug is entitled to appeal this decision through the department's appeals process.

The PRESIDENT sustained the Point of Order.

Proviso 21.25 was ruled out of order.

Proviso 21.30 - Withdrawn

21.30.   (DHHS: Federally Qualified Health Centers-Pharmacies) (A) Federally qualified health centers are suspended 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.

On motion of Senator McCONNELL, with unanimous consent, the Point of Order was withdrawn.

Proviso 22.18 - Overruled

22.18.   (DHEC: Medical & Dental Loan Program) Notwithstanding other provisions of law, unobligated Unobligated funds in the Medical & Dental Loan program may be expended for other health service programs.

The PRESIDENT overruled the Point of Order.

Proviso 22.25 - Overruled

22.25.   (DHEC: Certificate of Public Advantage) Notwithstanding Regulation 61-31, Health Care Cooperative Agreements and other provisions of law, should the department of Health and Environmental Control issue a Certificate of Public Advantage, the applicant will pay to the department, an annual monitoring fee to cover the actual cost of audits and monitoring. This fee shall be used by the department in whatever manner solely for the purpose of monitoring Certificates of Public Advantage as set forth in Section 44-7-570(A).

The PRESIDENT overruled the Point of Order.

Proviso 22.28 - Overruled

22.28.   (DHEC: Church/Charitable Organization Food Preparation) The Department of Health and Environmental Control shall not use any funds appropriated or authorized to the department to enforce Regulation 61-25 to the extent that the regulation would prohibit churches and charitable organizations from preparing and serving food to the public on their own premises at not more than one function a month or not more than twelve functions a year.

The PRESIDENT overruled the Point of Order.

Proviso 22.41 - Overruled

22.41.   (DHEC: Hazardous Waste Contingency Fund) Beginning on July 1, 2006, all interest accruing on funds collected and held pursuant to Section 44-56-160 must be credited to the Hazardous Waste Contingency Fund and authorized for expenditure by the department to defray costs of governmental response actions at uncontrolled hazardous waste sites and for the purpose of response actions incidental to the transportation of hazardous materials.

The PRESIDENT overruled the Point of Order.

Proviso 22.42 - Overruled

22.42.   (DHEC: South Carolina State Trauma Care Fund) Of the funds appropriated to the South Carolina State Trauma Care Fund, $4,000,000 shall be utilized for increasing the reimbursement rates for trauma hospitals, for trauma specialists' professional fee, for increasing the capability of EMS trauma care providers from counties with a high rate of traumatic injury deaths to care for injury patients, and for support of the trauma system, based on a methodology as determined by the department with guidance and input from the Trauma Council as established in Section 44-61-530 of the South Carolina Code of Laws. The methodology to be developed will include a breakdown of disbursement of funds by percentage, with a proposed 77% disbursed to hospitals and trauma physician fees, 16% of the 21% must be disbursed to EMS providers for training EMTs, Advanced EMTs and paramedics by the four regional councils of this state and the remaining 5% must be disbursed to EMS providers in counties with high trauma mortality rates, and 2% allocated to the department for administration of the fund and support of the trauma system. The Department of Health and Environmental Control shall promulgate regulations as required in Section 44-61-540 of the 1976 Code for the administration and oversight of the Trauma Care Fund.

The PRESIDENT overruled the Point of Order.

Proviso 22.45 - Sustained

22.45.   (DHEC: Hospital Infections Reports) Of the funds appropriated to the department for Infectious Diseases, $276,245 will be allocated for Hospital Infections Reports. 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.

The PRESIDENT sustained the Point of Order.

Proviso 22.45 was ruled out of order.

Proviso 22.46 - Sustained

22.46.   (DHEC: Hazardous Waste Fee) The department is authorized to assess each company generating hazardous waste a fee based on the amount of hazardous waste generated. Large Quantity Generators, as determined by R.61-79.262 South Carolina Hazardous Waste Regulations, producing greater than 100 tons of hazardous waste per year will be assessed an annual base fee of $1,000 per facility and a $1.50 per ton fee for all hazardous waste the company generates. Large Quantity Generators producing 100 tons or less of hazardous waste will be assessed an annual fee of $1,000. Small Quantity Generators will be assessed an annual fee of $500. Fees collected under this provision shall not exceed an annual cap of $15,000 per generator. Companies subject to fees required by Section 44-56-170(F) (1) of the 1976 Code are exempt from fees established by this provision. The fees collected under this provision shall be deposited to the Hazardous Waste Contingency Fund for response actions at uncontrolled hazardous waste sites.

The PRESIDENT sustained the Point of Order.

Proviso 22.46 was ruled out of order.

Proviso 23.2 - Withdrawn

23.2.   (DMH: Paying Patient Account) Notwithstanding any other provision of law and in In addition to other payments provided in Part I of this act, the Department of Mental Health is hereby directed during the current fiscal year to remit to the General Fund of the State the amount of $3,400,000 to be paid from the surplus funds in the paying patient account which has been previously designated for capital improvements and debt service under the provisions of Act 1276 of 1970. It is the intent of the General Assembly to assist the department to reduce and eventually eliminate this obligation to the general fund.

On motion of Senator McCONNELL, with unanimous consent, the Point of Order was withdrawn.

Proviso 23.3 - Overruled

23.3.   (DMH: Patient Fee Account) Notwithstanding any other provisions of law and in In addition to other payments provided in Part I of this act, the Department of Mental Health is hereby authorized during the current fiscal year, to provide the funds budgeted herein for $6,214,911 for departmental operations, $400,000 for the Continuum of Care, $50,000 for the Alliance for the Mentally Ill, $250,000 for S.C. SHARE Self Help Association Regarding Emotions, $50,000 for Palmetto Pathways, $50,000 for New Day Clubhouse, $15,000 for the Children's Advocacy Center of Spartanburg, and all fees collected at the Campbell Nursing Home and other veterans facilities for day-to-day operations, from the Patient Fee Account which has been previously designated for capital improvements and debt service under provisions of Act 1276 of 1970. The Department of Mental Health is authorized to fund the cost of Medicare Part B premiums from its Patient Fee Account up to $150,000. The South Carolina Alliance for the Mentally Ill, and the South Carolina Self-Help Association Regarding Emotions, Palmetto Pathways, New Day Clubhouse, and the Children's Advocacy Center of Spartanburg shall provide an itemized budget before the receipt of funds and quarterly financial statements to the Department of Mental Health. DMH is authorized to use unobligated Patient Paying Fee Account funds for community transition programs. The funds made available shall be utilized consistently with the Transition Leadership Council's definition of severely mentally ill children and adults. The department shall report their use of these funds to the Senate Finance Committee and the House Ways and Means Committee. This amendment is made notwithstanding other obligations currently set forth in this proviso.

The PRESIDENT overruled the Point of Order.

Proviso 26.14 - Sustained

26.14.   (DSS: Foster Care Fingerprint Reviews) Notwithstanding the provisions of Section 20-7-1640, of the SC Code of Laws, 1976, as amended, the The department is authorized to pay from funds appropriated in this section the costs of Federal Bureau of Investigation fingerprint reviews for foster care families recruited, selected and licensed by the department.

The PRESIDENT sustained the Point of Order.

Proviso 26.14 was ruled out of order.

Proviso 26.22 - Overruled

26.22.   (DSS: Penalty Assessment) The Department of Social Services may impose monetary penalties against a person, facility, or other entity for violation of statutes or regulations pertaining to programs, other than foster home licensing, that the department regulates. Penalties collected must be remitted to the State Treasurer for deposit into the State General Fund. The department shall promulgate regulations for each program in which penalties may be imposed. The regulations must include guidance on the decision to assess a penalty, the effect of failure to pay a penalty in a timely manner, and a schedule of penalty ranges that takes into account severity and frequency of violations. These regulations must provide for notice of the penalty and the right to a contested case hearing before a designee of or panel appointed by the director of the department. Judicial review of the final agency decision concerning a penalty must be in accordance with statutes or regulations that apply to judicial review of final revocation and denial decisions in that particular program. The department, in accordance with regulations promulgated pursuant to this provision, shall have discretion in determining the appropriateness of assessing a monetary penalty against a person or facility and the amount of the penalty. The authority to assess monetary penalties shall be in addition to other statutory provisions authorizing the department to seek injunctive relief or to deny, revoke, suspend, or otherwise restrict or limit a license or other types of operating or practice registrations, approvals, or certificates.

The PRESIDENT overruled the Point of Order.

Proviso 27.3 - Sustained

27.3.   (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 is not subject to provisions regulating vending facilities operated by persons who are blind.

The PRESIDENT sustained the Point of Order.

Proviso 27.3 was ruled out of order.

Proviso 34.4 - Sustained

34.4.   (AGRI: Seed Licenses) Notwithstanding any other provision of law, the department shall charge, for the licenses it issues pursuant to Section 46-21-40, a minimum fee of twenty-five dollars ($25.00), and a maximum fee of one hundred fifty dollars ($150.00). The department shall institute a graduated fee schedule between these minimum and maximum fees, which schedule shall be based on the per year dollar volume of the gross business receipts of the applicant. The department shall retain any revenue collected pursuant to this provision to defray the costs of printing, mailing and inspections and to pay the costs of leasing the Florence Farmer's Market from Clemson University.

The PRESIDENT sustained the Point of Order.

Proviso 34.4 was ruled out of order.

Proviso 34.5 - Sustained

34.5.   (AGRI: Specialty Crop Grant Indirect Cost Waiver) Notwithstanding any other provision of law, the Department of Agriculture is granted a waiver of the remittance of indirect cost recoveries for the Specialty Crop Grant (H.R. 2213, Section 7) supported by the United States Department of Agriculture through the Commodity Credit Corporation.

The PRESIDENT sustained the Point of Order.

Proviso 34.5 was ruled out of order.

Proviso 34.6 - Overruled

34.6.   (AGRI: Warehouse Receipts Guaranty Fund) The Department of Agriculture may retain and expend fifty thousand dollars from the Warehouse Receipts Guaranty Fund established by Section 39-22-150 of the 1976 Code as is necessary for the department to administer the funding of the program.

The PRESIDENT overruled the Point of Order.

Proviso 34.8 - Overruled

34.8.   (AGRI: Private Sector Calibrations) Notwithstanding any other provision of law, the Department of Agriculture shall charge a fee of $45.00 an hour based on a fee schedule for all calibrations performed for private sector entities by the Metrology Laboratory authorized by Section 39-9-68(3) of the 1976 Code of Laws. Revenues generated by these fees shall be for use by the Department of Agriculture to offset expenses incurred in operating the Metrology Laboratory.

The PRESIDENT overruled the Point of Order.

Proviso 34.12 - Sustained

34.12.   (AGRI: Grain Handlers Guaranty Fund) The Department of Agriculture may retain and expend one hundred thousand dollars of the interest from the Grain Handlers Guaranty Fund established by Section 46-41-230 of the 1976 Code as is necessary for the department to administer the funding of the program.

The PRESIDENT sustained the Point of Order.

Proviso 34.12 was ruled out of order.

Proviso 35.4 - Sustained

35.4.   (CU-PSA: Fee Increase) Notwithstanding any other provision of law, beginning FY 2001-2002, the Division of Regulatory and Public Service is authorized to increase the fertilizer, lime, and soil amendments registration fees; pesticide licensing fees; seed certification fees; and fertilizer inspection fees not to exceed twice the amount of the fee schedules set in FY 2000-2001.

The PRESIDENT sustained the Point of Order.

Proviso 35.4 was ruled out of order.

Proviso 37.3 - Sustained

37.3.   (DNR: Armed Forces Fishing/Hunting License) Any member of the armed forces of the United States who is a resident of South Carolina stationed outside of the state, shall upon presentation of his official furlough or leave papers, be allowed to fish or hunt without purchasing a fishing or hunting license.

The PRESIDENT sustained the Point of Order.

Proviso 37.3 was ruled out of order.

Proviso 37.15 - Sustained

37.15.   (DNR: Hunting License Fees) For the current fiscal year, the fee:

(1)   for the combination hunting and fishing license issued pursuant to Section 50-9-510(3) of the 1976 Code is increased from twenty to twenty-five dollars;

(2)   for the nonresident statewide license issued pursuant to Section 50-9-510(6) is increased from one hundred to one hundred twenty-five dollars;

(3)   for the ten consecutive days regular hunting season license for a nonresident issued pursuant to Section 50-9-510(7) of the 1976 Code is increased from fifty to seventy-five dollars;

(4)   for the three consecutive days regular hunting season license for a nonresident issued pursuant to Section 50-9-510(8) of the 1976 Code is increased from twenty-five to forty dollars; and

(5)   for the big game nonresident permit issued pursuant to Section 50-9-510(10) of the 1976 Code, the fee is increased from eighty-nine to one hundred dollars.

The PRESIDENT sustained the Point of Order.

Proviso 37.15 was ruled out of order.

Proviso 39.4 - Sustained

39.4.   (PRT: Park Fee Structure) Notwithstanding Section 51-3-60 of the 1976 Code, in order to maintain the fiscal soundness and continued maintenance and operations of the State Park System, the Department of Parks, Recreation and Tourism is directed to maintain the adjustments in the fee structure implemented in September 2003 as a result of the study directed in the previous year by the General Assembly, however, residents listed in Section 51-3-60 may not be given discounts of less than 35% for the services listed. Members of the SC National Guard shall be given the same discounts for the State Park System as the residents listed in Section 51-3-60.

The PRESIDENT sustained the Point of Order.

Proviso 39.4 was ruled out of order.

Proviso 40.13 - Sustained

40.13.   (CMRC: Economic Development Coordinating Council - Administrative Expenses) Notwithstanding any other provision of law, the Council: (1) may retain up to five percent of the revenue received by the State Rural Infrastructure Fund for the purposes of meeting administrative, reporting, establishment of grant guidelines, review of grant applications, and other statutory obligations; and (2) may increase the application fee for qualification for the Enterprise Zone Program from two thousand to four thousand dollars of which $500 will be shared with the Department of Revenue and establish annual renewal fees of $500 for the Enterprise Zone and Retraining Programs to be shared equally with the Department of Revenue for the purposes of meeting administrative, data collection, credit analysis, cost-benefit analysis, reporting, and other statutory obligations.

The PRESIDENT sustained the Point of Order.

Proviso 40.13 was ruled out of order.

Proviso 40.22 - Sustained

40.22.   (CMRC: Yearly Financial Audit) Notwithstanding any other provision of law, the Department of Commerce may have an Agreed Upon Procedures audit in lieu of having audited financial statements. This audit shall be in coordination with the State Auditor's Office and will be in accordance with generally accepted accounting principles and must comprise all financial records and controls. This audit must be completed by November 1 following the close of the fiscal year.

The PRESIDENT sustained the Point of Order.

Proviso 40.22 was ruled out of order.

Proviso 46.7 - Sustained

46.7.   (PCC: Drug Court Funding) (A) In addition to all other assessments and surcharges required to be imposed by law, during the current fiscal year, a one hundred dollar surcharge is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrates' or municipal court for misdemeanor or felony drug offenses. No portion of the surcharge may be waived, reduced, or suspended. (B) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction which heard or processed the case and paid to the State Treasurer within thirty days after receipt. The State Treasurer shall transmit these funds to the Prosecution Coordination Commission which shall then apportion these funds among the sixteen judicial circuits on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census. The funds shall be used for drug treatment court programs only. (C) It is the intent of the General Assembly that the amounts generated by this paragraph shall be in addition to any amounts presently being provided for drug treatment court programs and may not be used to supplant funding already allocated for these services. (D) The State Treasurer may request the State Auditor to examine the financial records of any jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to subsection (B). The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination.

The PRESIDENT sustained the Point of Order.

Proviso 46.7 was ruled out of order.

Proviso 47.11 - Withdrawn

47.11.   (INDEF: Assessments Increase) The assessment paid pursuant to Section 14-1-206, 14-1-207, or 14-1-208 by a person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in general sessions, magistrate's, or municipal court is increased from one hundred to one hundred seven and one-half percent of the fine imposed. The revenues generated by this increase of seven and one-half percent must be deposited in the General Fund of the State. From the total revenues generated by Sections 14-1-206, 14-1-207, and 14-1-208, and in addition to other uses prescribed by law, $3,200,000 shall be allocated to the following agencies for support of the programs specified: $500,000 to the Department of Juvenile Justice for the Juvenile Arbitration Program; $450,000 to the Department of Juvenile Justice for the Marine Institutes; $500,000 to the Department of Juvenile Justice for regional status offender programs, of which $106,000 must be allocated to the Anderson County Upstate Youth Camp; and $1,750,000 to the Office of Indigent Defense for use in offsetting budget cuts. It is the intent of the Legislature that the amount of the funds generated from this source and credited to the other State Agencies as provided by Section 14-1-206, 14-1-207, or 14-1-208 shall not be less than the amounts credited to those agencies in the previous fiscal year.

On motion of Senator McCONNELL, with unanimous consent, the Point of Order was withdrawn.

Proviso 45.1 - Overruled
45.1.   (AG: Hiring of Attorneys) No department or agency of the State Government shall hire any classified or temporary attorney as an employee except upon the written approval of the Attorney General and at a compensation approved by him. All such attorneys shall at all times be under the supervision and control of the Attorney General except as otherwise provided by law unless obtaining prior approval by the Budget and Control Board.

The PRESIDENT overruled the Point of Order.

Proviso 48.3 - Withdrawn

48.3.   (SLED: Criminal Record Search Fee) (1) The State Law Enforcement Division shall charge and collect a fee of $25 for each criminal record search conducted pursuant to Regulations contained in Chapter 73, Article 3, Subarticle 1 of the Code of State Regulations. All revenue generated up to an amount of four million four hundred sixty-one thousand dollars collected from the criminal record search fee must be deposited to the General Fund of the State; any revenue generated above this amount shall be collected, retained, expended, and carried forward by the State Law Enforcement Division for agency operations. The sale or dissemination of the criminal history record database maintained by the State Law Enforcement Division is prohibited. The individual sale of individual criminal history records by SLED is not affected. Notwithstanding any other provision of law, criminal history record information, including arrest history, may be disseminated in accordance with regulations regardless of whether a corresponding judicial finding or disposition is part of the record.

On motion of Senator McCONNELL, with unanimous consent, the Point of Order was withdrawn.

Proviso 48.10 - Overruled

48.10.   (SLED: Concealed Weapon Permit) The State Law Enforcement Division shall collect, retain, expend, and carry forward all fees associated with the Concealed Weapon Permit program.

The PRESIDENT overruled the Point of Order.

Proviso 49.4 - Sustained

49.4.   (DPS: 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 Public Safety 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 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 PRESIDENT sustained the Point of Order.

Proviso 49.4 was ruled out of order.

Proviso 49.5 - Overruled

49.5.   (DPS: Motor Carrier Registration Fees) Notwithstanding any other provisions of law, enforcement by the State Transport Police Division of the department, of Articles 3 and 5, of Chapter 23 of Title 58 of the 1976 Code, shall be funded from the motor carrier registration fees collected by the Department of Motor Vehicles that previously were collected by the Public Service Commission and the Department of Public Safety. Additionally, the State Transport Police is authorized to expend the motor carrier registration fees to build or renovate weigh stations. All unexpended funds from prior years collected under this proviso may be retained and carried forward by the department for the same purposes.

The PRESIDENT overruled the Point of Order.

Proviso 49.14 - Sustained

49.14.   (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 PRESIDENT sustained the Point of Order.

Proviso 49.14 was ruled out of order.

Proviso 49.17 - Sustained

49.17.   (DPS: Yearly Financial Audit) Notwithstanding any other provision of law, the Department of Public Safety may have an Agreed Upon Procedures audit in lieu of having audited financial statements. This audit shall be in coordination with the State Auditor's Office and will be in accordance with generally accepted accounting principles and must comprise all financial records and controls. This audit must be completed by November 1 following the close of the fiscal year.

The PRESIDENT sustained the Point of Order.

Proviso 49.17 was ruled out of order.

Proviso 50.3 - Sustained

50.3.   (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 PRESIDENT sustained the Point of Order.

Proviso 50.3 was ruled out of order.

Proviso 52.1 - Sustained

52.1.   (DPPP: Offender-Related Record Information) The department is authorized to collect a fee for providing offender-related record information and for providing responses to freedom of information requests. The fee will be based on the staff time required to compile the information and the costs of supplies, photocopying and postage. The department must continue to remit fee proceeds to the general fund. Fee proceeds in excess of $6,000 may be retained by the department to offset associated costs and be carried forward from one fiscal year to another. Further, the department may accept unconditional gifts of money or personal property.

The PRESIDENT sustained the Point of Order.

Proviso 52.1 was ruled out of order.

Proviso 53.3 - Overruled

53.3.   (DJJ: Educational Funds Audit) Notwithstanding the provisions of the Education Finance Act, the South Carolina Department of Juvenile Justice shall have its educational funds audited by the Office of the State Auditor pursuant to a schedule established by the State Auditor, and said audit shall be sufficient to satisfy the timetable for audits required in Regulation 43175.

The PRESIDENT overruled the Point of Order.

Proviso 53.12 - Sustained

53.12.   (DJJ: Good Behavior Incentive) A child committed to the Department of Juvenile Justice for a determinate period pursuant to Section 20-7-7810 may be released by the department prior to the expiration of the determinate period for "good behavior" as determined by the department, after having served at least two-thirds of the time ordered by the court. The court, in its discretion, may include language in the order indicating that the child is not to be released prior to the expiration of the determinate period ordered by the court.

The PRESIDENT sustained the Point of Order.

Proviso 53.12 was ruled out of order.

Proviso 53.17 - Sustained

53.17.   (DJJ: Twelve-Month Funding) Notwithstanding any other provision of law, all funds disbursed to the Department of Juvenile Justice school district by the Department of Education shall be calculated using a base of 235 instructional days rather than a base of 190 instructional days. This includes, but is not limited to, all funding for teacher salary supplements, for instructional purposes or any other funds disbursed to the Department of Juvenile Justice school district's twelve-month continuous progress education program.

The PRESIDENT sustained the Point of Order.

Proviso 53.17 was ruled out of order.

Proviso 65.6 - Sustained

65.6.   (LLR: Cosmetologist, Esthetician, Manicurists License) Notwithstanding the provisions of Section 40-7-280 or any other provision of law, a person licensed as a cosmetologist, esthetician, or manicurist pursuant to Chapter 13 of Title 40 may practice, within the scope of practice authorized by the person's license, in a barbershop registered in accordance with this chapter.

The PRESIDENT sustained the Point of Order.

Proviso 65.6 was ruled out of order.

Proviso 66.1 - Overruled

66.1.   (DMV: Miscellaneous Revenue) Notwithstanding any other provisions of law, revenue received from the sale of legal manuals and other publications, postal reimbursement, third party commercial driver license testing, photo copying, sale of miscellaneous refuse and recyclable materials, insurance claim receipts, and tuition from non-mandated, advanced, or specialized courses shall be retained by the department and expended in budgeted operations and other related services or programs as the Director of the Department of Motor Vehicles may deem necessary. The Department of Motor Vehicles shall report annually to the General Assembly the amount of miscellaneous revenue retained and carried forward.

The PRESIDENT overruled the Point of Order.

Proviso 66.5 - Sustained

66.5.   (DMV: License Fees) 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, and 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, shall be transferred to the Department of Public Safety. All fees collected to recover the costs of the production, purchase, handling and mailing of documents, publications, records, and data sets, 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, shall be transferred to the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles.

The PRESIDENT sustained the Point of Order.

Proviso 66.5 was ruled out of order.

Proviso 66.6 - Sustained

66.6. &nb