South Carolina General Assembly
116th Session, 2005-2006
Journal of the House of Representatives

Tuesday, March 28, 2006
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Romans 12:9-10: "Let love be genuine; hate what is evil, hold fast to what is good; love one another with mutual affection; outdo one another in showing honor."
Let us pray. Patient God, You have filled our lives with faithful models. Help us to follow their example. Guide each today to have compassion, courage and integrity. Give these Your people the willingness to cooperate without compromising conviction. Bless our Nation, President, State, Governor and all leaders. Protect our defenders of freedom as they protect us. We pray in the name of our Lord. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. STEWART moved that when the House adjourns, it adjourn in memory of J. M. Fulmer of Aiken, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 4899 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR AND COMMEND NANCY GREGORY OF RICHLAND COUNTY FOR HER OUTSTANDING CONTRIBUTIONS TO SOUTH CAROLINA PUBLIC SCHOOLS AND TO CONGRATULATE HER ON BEING NAMED SOUTH CAROLINA'S MIDDLE SCHOOL PRINCIPAL OF THE YEAR.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4900 (Word version) -- Rep. Vaughn: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR BEN H. DILLARD OF GREENVILLE COUNTY FOR HIS TWENTY-SEVEN YEARS OF DEDICATION AND SERVICE TO THE COMMUNITY AS A SOIL AND WATER CONSERVATION DISTRICT COMMISSIONER AND AS AN ADVOCATE FOR THE PROTECTION OF NATURAL RESOURCES.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4901 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. LUTHER STEWART OF VARNVILLE ON THEIR TWENTY-FIFTH WEDDING ANNIVERSARY ON APRIL 11, 2006, AND TO EXTEND BEST WISHES TO THE ENTIRE STEWART FAMILY ON THIS WONDERFUL OCCASION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4902 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DIVA GIRLZ, INC., A SOUTH CAROLINA COMPANY ORGANIZED FOR THE EMPOWERMENT OF WOMEN AND ITS FOUNDER, MS. WOODEENA (DINA) CURRY, FOR ALL THEIR TRULY WONDERFUL EFFORTS IN AIDING AND ASSISTING VICTIMS OF HURRICANE KATRINA WHO HAVE RELOCATED TO SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4903 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE CLERGY AND CONGREGANTS OF THE SECOND CALVARY BAPTIST CHURCH OF RICHLAND COUNTY FOR THEIR OUTSTANDING FAITH AND TO WISH THEM ALL THE BEST UPON THEIR MOVE TO A NEW LOCATION ON APRIL 9, 2006.

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

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4904 (Word version) -- Rep. White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 35, TITLE 44, ENACTING THE "CANCER DRUG DONATION PROGRAM ACT" SO AS TO ESTABLISH THIS PROGRAM IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR THE DONATION OF CANCER DRUGS TO CERTAIN PATIENTS WHO DO NOT QUALIFY FOR MEDICAID OR ANY STATE FUNDED PRESCRIPTION DRUG PROGRAM; TO ESTABLISH CERTAIN RESTRICTIONS ON DRUGS AND SUPPLIES THAT MAY BE DONATED TO THE PROGRAM; TO REQUIRE THE DEPARTMENT TO ESTABLISH PATIENT ELIGIBILITY CRITERIA, STANDARDS AND PROCEDURES FOR ACCEPTING, STORING, DISTRIBUTING, AND DISPENSING DONATED DRUGS, AND HANDLING FEES; TO REQUIRE THE DEPARTMENT TO ESTABLISH A PROGRAM PARTICIPANT REGISTRY; AND TO ESTABLISH IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY AND FROM PROFESSIONAL DISCIPLINARY ACTION; AND TO DESIGNATE SECTIONS 44-35-5 THROUGH 44-35-100 AS ARTICLE 1, CHAPTER 35, TITLE 44 ENTITLED "SOUTH CAROLINA CENTRAL CANCER REGISTRY".
Referred to Committee on Medical, Military, Public and Municipal Affairs

ACTING SPEAKER HARVIN IN CHAIR

SPEAKER IN CHAIR

ROLL CALL

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

Agnew                  Anderson               Anthony
Bailey                 Bales                  Ballentine
Bannister              Barfield               Battle
Bingham                Bowers                 Brady
Branham                Breeland               J. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clark
Clemmons               Clyburn                Cobb-Hunter
Cooper                 Dantzler               Duncan
Edge                   Emory                  Frye
Funderburk             Haley                  Hamilton
Hardwick               Harrell                Harrison
Harvin                 Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hiott                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Kirsh                  Leach
Littlejohn             Loftis                 Mack
Mahaffey               McCraw                 McGee
McLeod                 Merrill                Miller
J. H. Neal             J. M. Neal             Owens
Parks                  Perry                  E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rivers                 Rutherford             Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Vaughn                 Walker
Whipper                White                  Whitmire
Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 28.

Creighton Coleman                 H. B. "Chip" Limehouse
James Lucas                       Harry Ott
Daniel Tripp                      Olin Phillips
Ralph Davenport                   Ronald Townsend
Kenneth Kennedy                   Grady Brown
Marty Coates                      Greg Delleney
Jerry Govan                       Becky Martin
G. Murrell Smith                  Bill Cotty
John Altman                       Denny Neilson
Bessie Moody-Lawrence             Ralph Norman
Douglas Jennings                  Karl Allen
Fletcher Smith                    Lewis E. Pinson
Ted Vick                          Harold Mitchell
Thad Viers                        David Weeks

Total Present--123

DOCTOR OF THE DAY

Announcement was made that Dr. Charles B. Thomas of Greenville is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3132 (Word version)
Date:   ADD:
03/28/06   WHITMIRE

CO-SPONSOR ADDED

Bill Number:   H. 4891 (Word version)
Date:   ADD:
03/28/06   PERRY

CO-SPONSOR ADDED

Bill Number:   H. 4875 (Word version)
Date:   ADD:
03/28/06   VAUGHN

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
03/28/06   HALEY

CO-SPONSOR ADDED

Bill Number:   H. 4681 (Word version)
Date:   ADD:
03/28/06   TOOLE

HOUSE TO MEET AT 9:30 A.M. TOMORROW

Rep. COOPER moved that when the House adjourns it adjourn to meet at 9:30 a.m. tomorrow, which was agreed to.

H. 4810--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Part IA, Section 56A.

H. 4810--THE GENERAL APPROPRIATION BILL

PART IA

SECTION 56A--AMENDED AND ADOPTED

Rep. SANDIFER proposed the following Amendment No. 43 (Doc Name h:\legwork\house\amend\h-wm\001\56a back esc.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 56A, GOVERNOR'S OFF-EXECUTIVE CONTROL OF STATE, page 271, line 5, opposite /Unclassified Positions/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3     Column 4

844,376       844,376

(20.00)         (20.00)
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 56A, as amended, was adopted.

SECTION 56C--AMENDED AND ADOPTED

Rep. SANDIFER proposed the following Amendment No. 42 (Doc Name h:\legwork\house\amend\h-wm\004\56c oepp ftes ecs.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 56C, Governor's Off- Executive Policy & Programs, page 278, line 16, opposite /Classified Positions/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3     Column 4

629,208       629,208

(16.00)         (16.00)
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 56C, as amended, was adopted.

SECTION 63--AMENDED AND ADOPTED

Rep. SANDIFER proposed the following Amendment No. 40 (Doc Name h:\legwork\house\amend\h-wm\004\63 bcb fte back in ecs.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 304, line 19, opposite /Unclassified Positions/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

35,000       35,000

(1.00)       (1.00)
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. COOPER proposed the following Amendment No. 9 (Doc Name h:\legwork\house\amend\h-wm\004\63bcboperating cooper.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 311, line 6, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

100,000     100,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COOPER explained the amendment.

POINT OF ORDER

Rep. SCARBOROUGH raised the Point of Order that Amendment No. 9 was out of order in that it was in violation of Article XVII, Section 7 of the South Carolina Constitution which specifies that Education Lottery funds must be used for educational purposes only.
Rep. COOPER argued that the money being appropriated in Amendment No. 9 was not lottery fund money. He stated that $11 million dollars in lottery revenue had been used earlier to fund education projects - thereby allowing $11 million in General Fund revenues to be used for other purposes. He stated that Amendment No. 9 appropriated $100,000 of that $11 million in General Fund revenues.
SPEAKER HARRELL stated that the amendment appropriated $100,000 dollars in General Fund dollars that had become available because an increase in lottery revenues. He stated further that Amendment No. 9 did not appropriate lottery funds. Therefore, he overruled the Point of Order.

The amendment was then adopted.

Reps. LUCAS and COOPER proposed the following Amendment No. 25 (Doc Name h:\legwork\house\amend\h-wm\004\63 loc govt grants .doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 315, immediately after line 14, by inserting a new line to read:

Column 3   Column 4
Local Govt Grants Program

2,524,000   2,524,000
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. J. H. NEAL and MOODY-LAWRENCE proposed the following Amendment No. 124 (Doc Name h:\legwork\house\amend\h-wm\004\63 bcb clinton jr coll.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 315, immediately after line 14, by inserting a new line to read:

Column 3   Column 4
Clinton Jr. Coll-Elem Ed Assoc Deg

500,000     500,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. H. NEAL explained the amendment.

Rep. MCGEE moved to table the amendment.

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

Yeas 56; Nays 33

Those who voted in the affirmative are:

Bailey                 Ballentine             Bannister
Barfield               Battle                 Bingham
Brady                  Cato                   Chellis
Clark                  Clemmons               Cooper
Dantzler               Delleney               Edge
Frye                   Hamilton               Harrell
Harvin                 Haskins                Hinson
Hiott                  Huggins                Kirsh
Leach                  Littlejohn             Lucas
Mahaffey               Martin                 McCraw
McGee                  Merrill                Owens
Perry                  Pinson                 E. H. Pitts
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. R. Smith            J. R. Smith
Talley                 Taylor                 Thompson
Townsend               Tripp                  Vaughn
Walker                 White                  Whitmire
Witherspoon            Young

Total--56

Those who voted in the negative are:

Agnew                  Anderson               Anthony
Bales                  Breeland               G. Brown
J. Brown               Clyburn                Cobb-Hunter
Coleman                Davenport              Emory
Funderburk             Govan                  Hayes
J. Hines               M. Hines               Hodges
Hosey                  Howard                 Jefferson
Mack                   McLeod                 Miller
J. H. Neal             J. M. Neal             Ott
Parks                  Phillips               Rhoad
Scott                  J. E. Smith            Whipper

Total--33

So, the amendment was tabled.

Reps. OTT, J. E. SMITH and COOPER proposed the following Amendment No. 10 (Doc Name h:\legwork\house\amend\h-wm\004\63 add 4 ftes scrs-.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 318, immediately after line 35, by inserting new lines and adding amounts in Column 3 to read:

Column 3   Column 4
/Customer Scvs Rep/

54,000

(2.00)
/Fiscal Analyst/

100,000

(2.00)
Amend the bill further, as and if amended, page 319, line 11, opposite /Employer Contributions/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

45,920
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. WHITE proposed the following Amendment No. 142 (Doc Name h:\legwork\house\amend\h-wm\001\63 loc gov grants +100k.doc), which was adopted:
Amend amendment 25 sub, doc h:\legwork\house\amend\h-wm\004\63 loc govt grants.doc, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, by increasing the Local Gov't Grants Program line item:

Column 3   Column 4

100,000     100,000
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 63, as amended, was adopted.

PART IB

SECTION 1--AMENDED AND INTERRUPTED DEBATE

Reps. TOWNSEND, WALKER and COTTY proposed the following Amendment No. 71 (Doc Name h:\legwork\house\amend\h-wm\007\praxis waiver - townsend.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 347, paragraph 30, line 16, by inserting at the end:
/However, any person having attained 1100 or better on the SAT or a comparable ACT score shall be exempt from this requirement. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. SIMRILL proposed the following Amendment No. 101 (Doc Name h:\legwork\house\amend\h-wm\001\sch bd meeting 501c3.doc):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 349, paragraph 1.45, lines 31-34, by striking: /No organization exempt from taxation under Internal Revenue Code Section 501(c)(3) shall be considered to be a public body or to be supported by public funds because it receives membership dues from public employees, publicly elected or appointed officials, political subdivisions, or agencies of the State./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SIMRILL explained the amendment.
Rep. COTTY spoke in favor of the amendment.

Rep. COTTY moved to adjourn debate on the amendment, which was agreed to.

Rep. GOVAN proposed the following Amendment No. 70 (Doc Name h:\legwork\house\amend\h-wm\007\govan-ecproviso.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/(SDE: Early Childhood Education) The Department of Education and the Office of First Steps are directed to, in collaboration, establish early-childhood/ pre-kindergarten programs throughout the State. These programs shall be established pursuant to the recommendations outlined in the Education Oversight Committee's report "Results and Related Recommendation of the Inventory and Study of Four Year Old Kindergarten Programs in South Carolina" published March 15, 2006. The first year, at a minimum, these programs must be available to all at-risk students in the plaintiff districts in Abbeville County School District et al. vs. South Carolina. For the purposes of this proviso, at risk students are defined as those who qualify for free or reduced lunches or are medicaid eligible. The department, in collaboration with the Office of First Steps, is directed to develop an implementation schedule to take the program statewide.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.
Rep. GOVAN spoke in favor of the amendment.

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

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

Yeas 69; Nays 37

Those who voted in the affirmative are:

Altman                 Bailey                 Ballentine
Bannister              Barfield               Battle
Bingham                Brady                  Chellis
Clemmons               Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Haley                  Hamilton               Harrell
Harrison               Herbkersman            Hinson
Hiott                  Howard                 Huggins
Kirsh                  Leach                  Limehouse
Loftis                 Lucas                  Mahaffey
Martin                 McGee                  Merrill
J. H. Neal             Norman                 Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Vaughn                 Walker
White                  Witherspoon            Young

Total--69

Those who voted in the negative are:

Agnew                  Anderson               Anthony
Bales                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Clark                  Clyburn                Funderburk
Govan                  Harvin                 Haskins
Hayes                  J. Hines               M. Hines
Hodges                 Hosey                  Jefferson
Kennedy                Mack                   McLeod
Miller                 Mitchell               Moody-Lawrence
Neilson                Ott                    Phillips
Rhoad                  Rivers                 Rutherford
Scott                  J. E. Smith            Weeks
Whipper

Total--37

So, the amendment was tabled.

RECORD FOR VOTING

I was out of the Chamber doing constituent work at the time of the roll call vote on Amendment No. 70, but had I been present, I would have supported Rep. GOVAN'S Amendment to fund 4 yr. old kindergarten.

Rep. Douglas Jennings, Jr.

Reps. COOPER, J. H. NEAL, TOWNSEND, COBB-HUNTER, OTT, MILLER, J. E. SMITH, WALKER, MITCHELL and J. R. SMITH proposed the following Amendment No. 94 (Doc Name h:\legwork\house\amend\h-wm\007\ec proviso - cooper et al.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/ (SDE: First Steps Early Childhood) With funds appropriated to the Department of Education for First Steps to School Readiness, the First Steps to School Readiness Board of Trustees, in consultation with the South Carolina Department of Education, shall establish throughout the state early education/pre kindergarten programs that for children zero to four that incorporate family literacy education and focus on the developmental and learning support children must have in order to be ready for school. At a minimum, full day kindergarten must be made available to all eligible at-risk four year olds. If additional funds are available, programs may be provided for at risk zero to three year olds. The First Steps to School Readiness Board of Trustees may promulgate regulations to implement this program. In FY 2006-2007, the First Steps early childhood education/prekindergarten programs will be available only to at-risk zero to four-year old children from the eight trial districts in Abbeville County School District et al. vs. South Carolina (Allendale, Dillon 2, Florence 4, Hampton 2, Jasper, Lee, Marion 7, and Orangeburg 3). For the purposes of this provision, at-risk is defined as any child whose family income makes them eligible for the free or reduced price lunch program or Medicaid. Each early education/pre-kindergarten classroom established under this proviso must have a lead teacher certified in early childhood education, and an assistant teacher with preservice or inservice training in early childhood education. If a certified teacher is not available, the institution may apply for a waiver from this requirement providing that the teacher has a four year degree in an early childhood related field or at least a two-year degree in early childhood education and is willing to complete a teacher education program within three years. The curriculum for the early childhood program must be a research based preschool curriculum aligned with school success. The Department of Education, in collaboration with the Office of First Steps to School Readiness, will establish the criteria for the curriculum and for professional training. To receive and maintain funding for these programs, the institution must meet the established criteria. The Office of First Steps to School Readiness, with the assistance of the Department of Education and the Department of Social Services, will provide monitoring and oversight. Transportation from established pick-up points to a program must be provided for all children whose parents request transportation. First Steps, in consultation with the Department of Education, the Department of Social Services, and the Education Oversight Committee shall establish a phase-in schedule for statewide implementation of the program. The Education Oversight Committee shall conduct a comparative evaluation of the early education/prekindergarten programs established pursuant to this proviso. The Department of Education is required to collect and maintain data on public state funded full day and half day four year old kindergarten programs. The Office of First Steps to School Readiness is required to collect and maintain data on state funded programs provided through private providers. The Education Oversight Committee shall use this data and all other collected and maintained data necessary to conduct a research based review of the program's implementation assessment of student success in the early grades./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. DUNCAN proposed the following Amendment No. 98 (Doc Name h:\legwork\house\amend\h-wm\007\duncan efficiency audit sde2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/(SDE: Independent Efficiency Audit) Of the funds appropriated or authorized to the department, $1,500,000 shall be transferred to the Budget and Control Board which shall contract for an independent efficiency audit. This audit must be comprehensive and must include all divisions of the Department of Education. The audit must be completed by January 31, 2007, and the results must be submitted to the House Ways and Means Committee and the Senate Finance Committee./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. DUNCAN explained the amendment.

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

Reps. ALTMAN, CEIPS, CHALK, SCARBOROUGH, HARRELL, RIVERS, HODGES, HERBKERSMAN, MERRILL, LIMEHOUSE, BREELAND, R. BROWN AND CHELLIS proposed the following Amendment No. 95 (Doc Name h:\legwork\house\amend\h-wm\007\efa hold harmless proviso2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/ (SDE: EFA Hold Harmless) In the current fiscal year, the Department of Education is directed to allocate from the funds appropriated for the Education Finance Act adequate funding to all school districts to ensure that no district has a net decrease from FY 2004-05 in state funding from the following appropriation categories and revenue codes: Education Finance Act (3300), Employer Contributions (3180), Teacher Salary Supplement (3550), Teacher Salary Supplement Fringe (3555). /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCARBOROUGH explained the amendment.
Rep. J. R. SMITH spoke against the amendment.
Rep. CEIPS spoke in favor of the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. CHALK spoke in favor of the amendment.
Rep. HERBKERSMAN spoke in favor of the amendment.
Rep. R. BROWN spoke in favor of the amendment.
Rep. HODGES spoke in favor of the amendment.
Rep. DUNCAN spoke in favor of the amendment.
Rep. HARDWICK spoke in favor of the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. SCARBOROUGH spoke in favor of the amendment.
Rep. WHIPPER spoke in favor of the amendment.
Rep. WHIPPER spoke in favor of the amendment.

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

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

Yeas 81; Nays 33

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Bannister
Battle                 Brady                  Branham
G. Brown               J. Brown               Cato
Clark                  Clyburn                Cobb-Hunter
Coleman                Cooper                 Cotty
Davenport              Delleney               Emory
Frye                   Funderburk             Govan
Hamilton               Haskins                Hayes
J. Hines               M. Hines               Hiott
Hosey                  Jefferson              Jennings
Kennedy                Kirsh                  Leach
Littlejohn             Lucas                  Mahaffey
Martin                 McCraw                 McLeod
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 M. A. Pitts            Rice
Sandifer               Scott                  Simrill
Sinclair               Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Townsend               Tripp
Vaughn                 Vick                   Walker
Weeks                  White                  Whitmire

Total--81

Those who voted in the negative are:

Altman                 Bailey                 Ballentine
Barfield               Bingham                Bowers
Breeland               R. Brown               Ceips
Chalk                  Dantzler               Duncan
Edge                   Haley                  Hardwick
Harrell                Herbkersman            Hinson
Hodges                 Huggins                Limehouse
Mack                   McGee                  Merrill
E. H. Pitts            Rhoad                  Rivers
Rutherford             Scarborough            Toole
Umphlett               Whipper                Witherspoon

Total--33

So, the amendment was tabled.

RECORD FOR VOTING

I have a conflict in regards to Amendment No. 95 and have abstained from voting on this Amendment.

Rep. Converse Chellis III

Rep. KIRSH moved that the House recede until 2:30 p.m., which was agreed to.

Further proceedings were interrupted by the House receding, the pending question being consideration of Section 1, Part IB.

THE HOUSE RESUMES

At 2:30 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER MAHAFFEY IN CHAIR

POINT OF QUORUM

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

SPEAKER IN CHAIR

H. 4810--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Section 1, Part IB.

H. 4810--THE GENERAL APPROPRIATION BILL

PART IB

SECTION 1--AMENDED AND ADOPTED

Reps. J. E. SMITH, OTT, J. H. NEAL and MILLER proposed the following Amendment No. 145 (Doc Name h:\legwork\house\amend\h-wm\007\ealy childhood statewide.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/(SDE: Early Childhood Program) The Office of First Steps, in collaboration with the Department of Education, is directed to establish early-childhood/ pre-kindergarten programs throughout the state. These programs shall be established pursuant to the recommendations outlined in the Education Oversight Committee's report "Results and Related Recommendation of the Inventory and Study of Four Year Old Kindergarten Programs in South Carolina" published March 15, 2006. The first year, at a minimum, full day four year old kindergarten must be made available to all at-risk students in the State. For the purposes of this proviso, at risk students are defined as students who qualify for the free or reduced lunch program or are Medicaid eligible. In FY 2006-07, $116, 808,791 will be available for this program as directed in Proviso 73.14/
Renumber sections to conform.
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Rep. MILLER explained the amendment.

Rep. J. R. SMITH moved to table the amendment, which was agreed to.

Rep. J. E. Smith proposed the following Amendment No. 164 (Doc Name h:\legwork\house\amend\council\gjk\21047sd06.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 354, by adding a new paragraph to be appropriately numbered to read:
/1.   (SDE: School Facilities Bonds)   (A)   For fiscal year 2006-2007, an additional one hundred million dollars in state school facilities bonds may be issued under Chapter 146 of Title 59. These bonds must be allocated to school districts based on a formula implemented by regulation of the Department of Education which gives priority consideration to districts with higher percentages of students eligible for free or reduced priced lunches, the relative financial ability of a district to fund new school facilities or improve existing facilities as determined under the Education Finance Act, and the remaining capacity of a district to issue additional capital improvement bonds.

(B)   The bonds shall be issued in a manner that will require the payment of some debt service by June 30, 2007, which shall be paid from the appropriation for capital improvement bonds in Section 68, Part IA of this act.   /
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Rep. J. E. SMITH explained the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. KENNEDY spoke in favor of the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. KENNEDY continued speaking.
Rep. KENNEDY spoke in favor of the amendment.

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

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

Yeas 67; Nays 42

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Bingham                Brady                  Cato
Chalk                  Chellis                Clemmons
Cooper                 Cotty                  Dantzler
Delleney               Duncan                 Edge
Frye                   Haley                  Hamilton
Hardwick               Harrell                Haskins
Herbkersman            Hinson                 Hiott
Huggins                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Martin
McCraw                 McGee                  Merrill
Norman                 Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Vaughn                 Viers                  Walker
White                  Whitmire               Witherspoon
Young

Total--67

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Battle
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Clark                  Clyburn                Cobb-Hunter
Coleman                Emory                  Funderburk
Govan                  Harvin                 Hayes
J. Hines               M. Hines               Hodges
Hosey                  Jennings               Kennedy
Mack                   McLeod                 Miller
Mitchell               Moody-Lawrence         J. H. Neal
Neilson                Ott                    Parks
Phillips               Rhoad                  Rivers
Rutherford             J. E. Smith            Vick

Total--42

So, the amendment was tabled.

Reps. SCARBOROUGH and CEIPS proposed the following Amendment No. 167 (Doc Name h:\legwork\house\amend\h-wm\001\efa hh lott & consv.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/(GP: EFA Hold Harmless Transfers) In order to ensure that no district has a net decrease in state funding from Fiscal Year 2004-05 the following appropriation categories and revenue codes: Education Finance Act (3300), Employer Contributions (3180), Teacher Salary Supplement (3550), Teacher Salary Supplement Fringe (3555), the specified agencies are directed to transfer to the Department of Education the funds identified as follows: S.C. Conservation Bank $9,000,000 and Lottery Expenditure Account $11,000,000./
Renumber sections to conform.
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Rep. SCARBOROUGH explained the amendment.

Rep. COTTY moved to table the amendment.

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

Yeas 102; Nays 4

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle
Bowers                 Brady                  Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Clark
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Emory                  Frye
Funderburk             Haley                  Hamilton
Hardwick               Harrell                Harvin
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hiott
Hodges                 Hosey                  Howard
Huggins                Jennings               Kennedy
Kirsh                  Leach                  Littlejohn
Loftis                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McLeod                 Merrill                Miller
Mitchell               Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Rivers                 Rutherford
Sandifer               Scott                  Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Townsend
Tripp                  Umphlett               Vaughn
Vick                   Walker                 White
Whitmire               Witherspoon            Young

Total--102

Those who voted in the negative are:

Ceips                  Chalk                  Scarborough
Viers

Total--4

So, the amendment was tabled.

RECORD FOR VOTING

I have a conflict in regards to Amendment No. 167 and have abstained from voting on this Amendment.

Rep. Converse Chellis III

RECORD FOR VOTING

I was temporarily out of the Chamber during the vote on Amendment No. 167. Had I been present I would have voted to table this Amendment.

Rep. Edward H. Pitts, Jr.

SPEAKER IN CHAIR

Reps. CEIPS, ALTMAN and SCARBOROUGH proposed the following Amendment No. 166 (Doc Name h:\legwork\house\amend\h-wm\001\efa hh consv.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/(GP: EFA Hold Harmless Transfers) In order to ensure that no district has a net decrease in state funding from Fiscal Year 2004-05 the following appropriation categories and revenue codes: Education Finance Act (3300), Employer Contributions (3180), Teacher Salary Supplement (3550), Teacher Salary Supplement Fringe (3555), the specified agencies are directed to transfer to the Department of Education the funds identified as follows: S.C. Conservation Bank $15,000,000; Department of Commerce $200,000 from Competitive Grants; Department of Health and Environmental Control $1,800,000 from Competitive Grants;   Department of Parks, Recreation and Tourism $1,500,000 from Competitive Grants; and Budget and Control Board $1,500,000 from Competitive Grants./
Renumber sections to conform.
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Rep. CEIPS explained the amendment.

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

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

Yeas 91; Nays 10

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Bailey                 Bales                  Ballentine
Bannister              Barfield               Battle
Bingham                Bowers                 Brady
Branham                Breeland               G. Brown
R. Brown               Cato                   Clark
Clyburn                Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Frye                   Funderburk
Govan                  Hamilton               Hardwick
Harrison               Harvin                 Haskins
Hayes                  Herbkersman            Hinson
Hiott                  Hosey                  Howard
Huggins                Jennings               Kennedy
Kirsh                  Leach                  Littlejohn
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 Merrill
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Parks                  Phillips               Pinson
M. A. Pitts            Rhoad                  Rice
Rivers                 Rutherford             Sandifer
Scott                  Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Thompson
Townsend               Umphlett               Vaughn
Vick                   White                  Whitmire
Witherspoon

Total--91

Those who voted in the negative are:

Ceips                  Chalk                  Clemmons
Harrell                J. Hines               Hodges
Perry                  Scarborough            Viers
Walker

Total--10

So, the amendment was tabled.

RECORD FOR VOTING

I have a conflict in regards to Amendment No. 166 and have abstained from voting on this Amendment.

Rep. Converse Chellis III

RECORD FOR VOTING

I was out of the Chamber discussing a budgetary issue with a constituent at the time of the vote to table Amendment No. 166. My intention was to vote to table this Amendment raiding Conservation Bank Funds. I regret that my vote was not recorded.

Rep. Walt M. McLeod

Rep. J. E. SMITH proposed the following Amendment No. 169 (Doc Name h:\legwork\house\amend\h-wm\007\early childhood 4.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/(SDE: Early Childhood Program) The Office of First Steps, in collaboration with the Department of Education, is directed to establish early-childhood/ pre-kindergarten programs throughout the state. These programs shall be established pursuant to the recommendations outlined in the Education Oversight Committee's report "Results and Related Recommendation of the Inventory and Study of Four Year Old Kindergarten Programs in South Carolina" published March 15, 2006. The first year, at a minimum, full day four year old kindergarten must be made available to all at-risk students in the Plaintiff Districts in Abbeville School District vs. South Carolina. For the purposes of this proviso, at risk students are defined as students who qualify for the free or reduced lunch program or are Medicaid eligible. $25,000,000 is to be used for this program./
Renumber sections to conform.
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Rep. J. E. SMITH explained the amendment.

POINT OF ORDER

Rep. COOPER raised the Point of Order that Amendment No. 169 was out of order under House Rule 5.3 B. He stated that under the rule, the amendment had the effect of appropriating funds in excess of five million dollars and should have attached to it in writing an explanation of the corresponding appropriation decreases.
SPEAKER HARRELL sustained the Point of Order and ruled the amendment out of order.

Reps. SCARBOROUGH, ALTMAN, HERBKERSMAN, CHALK, MERRILL and CEIPS proposed the following Amendment No. 97 (Doc Name h:\legwork\house\amend\h-wm\007\scarborough-eliminate efa.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/(SDE: Eliminate EFA Formula) The Education Finance Act distribution formula is suspended for FY 2006-2007. Instead, all funds appropriated for the Education Finance Act will be distributed on a weighted pupil unit basis. /
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Rep. SCARBOROUGH explained the amendment.

Rep. J. R. SMITH moved to table the amendment, which was agreed to.

Reps. CEIPS, ALTMAN, LIMEHOUSE, CHALK, HERBKERSMAN and SCARBOROUGH proposed the following Amendment No. 119 (Doc Name h:\legwork\house\amend\h-wm\007\efa hold harmless - dept. admin.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/ (SDE: EFA Hold Harmless) In the current fiscal year, the Department of Education is directed to allocate from the funds appropriated or authorized to the Department of Education for administration adequate funding for all school districts to ensure that no district has a net decrease from FY 2004-05 in state funding from the following appropriation categories and revenue codes: Education Finance Act (3300), Employer Contributions (3180), Teacher Salary Supplement (3550), Teacher Salary Supplement Fringe (3555). /
Renumber sections to conform.
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Rep. CEIPS explained the amendment.

Rep. J. R. SMITH moved to table the amendment, which was agreed to.

Reps. CHALK, CEIPS, HERBKERSMAN, RIVERS and HODGES proposed the following Amendment No. 123 (Doc Name h:\legwork\house\amend\h-wm\007\remove district from sde-chalk.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/(SDE: Insufficient Support Removal) If any school district receives less than two percent of their funding from the State, that district is EXEMPT FROM ALL state laws as well as any rules, and regulations promulgated BY SDE EXCEPT FOR MINIMUM HEALTH AND SAFETY REQUIREMENTS. THE DISTRICT IS REQUIRED TO ENSURE minimum teacher qualifications and assessment standards are met to comply with the provisions of no child left behind./
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Rep. CHALK explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. W. D. SMITH a leave of absence for the remainder of the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.

Rep. CHALK continued speaking.

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

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

Yeas 65; Nays 40

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Bailey                 Bales                  Brady
Branham                Breeland               G. Brown
J. Brown               R. Brown               Chellis
Clark                  Clyburn                Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Delleney               Edge
Funderburk             Govan                  Harrison
Harvin                 Hayes                  J. Hines
Hinson                 Hiott                  Hodges
Hosey                  Jefferson              Jennings
Kennedy                Kirsh                  Lucas
Mack                   Martin                 McCraw
McLeod                 Mitchell               Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Perry                  Phillips
Pinson                 Rutherford             Sandifer
Scott                  Sinclair               Skelton
G. R. Smith            J. E. Smith            J. R. Smith
Taylor                 Thompson               Townsend
Umphlett               Weeks                  White
Whitmire               Young

Total--65

Those who voted in the negative are:

Ballentine             Bannister              Barfield
Bowers                 Ceips                  Chalk
Clemmons               Davenport              Duncan
Frye                   Haley                  Hamilton
Hardwick               Harrell                Haskins
Herbkersman            Huggins                Leach
Littlejohn             Loftis                 Mahaffey
McGee                  Merrill                Miller
Norman                 Owens                  E. H. Pitts
M. A. Pitts            Rice                   Rivers
Scarborough            Simrill                D. C. Smith
G. M. Smith            Stewart                Talley
Toole                  Vaughn                 Viers
Witherspoon

Total--40

So, the amendment was tabled.

Rep. CHALK proposed the following Amendment No. 172 (Doc Name h:\legwork\house\amend\h-wm\007\remove 2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/(SDE: Insufficient Support Removal) If any school district receives less than two percent of their funding from the State Education Finance Act, that district is exempt from all State laws as well as any rules, and regulations promulgated by the department except for minimum health and safety requirements. The district is required to ensure minimum teacher qualifications and assessment standards are met to comply with the provisions of No Child Left Behind./
Renumber sections to conform.
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Rep. CHALK explained the amendment.
The amendment was then adopted.

Rep. SIMRILL proposed the following Amendment No. 101 (Doc Name h:\legwork\house\amend\h-wm\001\sch bd meeting 501c3.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 349, paragraph 1.45, lines 31-34, by striking: /No organization exempt from taxation under Internal Revenue Code Section 501(c)(3) shall be considered to be a public body or to be supported by public funds because it receives membership dues from public employees, publicly elected or appointed officials, political subdivisions, or agencies of the state./
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Rep. SIMRILL explained the amendment.
The amendment was then adopted.

Section 1, as amended, was adopted.

SECTION 1A--AMENDED AND ADOPTED

Reps. LUCAS and NEILSON proposed the following Amendment No. 102 (Doc Name h:\legwork\house\amend\council\ms\ 7263ahb06.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 364, paragraph 44, line 30, by deleting the paragraph in its entirety and inserting:
/ 1A.44.   (SDE-EIA: Technical Assistance) Notwithstanding any other provision of law, and in order to best meet the needs of low-performing schools, the funding provided in Section 1 XI.A.4 Special Items may be reallocated among the programs specified in this section. The Department of Education shall establish criteria for reviewing and assisting schools that will be rated unsatisfactory using a tiered system with the lowest-performing schools receiving highest priority. Not to exceed the statewide total number of specialists stipulated by the Education Accountability Act, the highest priority schools assistance shall include a year-long technical assistance team that may include a lead principal and/or curriculum specialist. All specialists shall have a demonstrated record of success in their field and shall be entitled to the incentives and benefits of the teacher specialist. Technical assistance for below average schools shall be provided to the extent possible, in order
of need. The Department of Education shall provide information on the technical assistance strategies and their impact to the State Board of Education, the Education Oversight Committee, the Senate Education Committee, the Senate Finance Committee, the House of Representatives Education and Public Works Committee, and the House of Representatives Ways and Means Committee annually.

The Department of Education shall pilot a structured academic mentoring program for students scoring below average on PACT in up to thirty schools including ten unsatisfactory schools, ten below average schools and ten average schools. Data shall be compiled and a report given to the State Board of Education and the Education Oversight Committee by January 12 annually.

Notwithstanding another provision of law, and in order to best meet the needs of low-performing schools, funds appropriated for homework centers, teacher specialists, principal specialists, retraining grants, technical assistance to below average schools, and principal leaders must be allocated accordingly. Schools receiving an absolute rating of below average must submit to the Department of Education a school renewal plan that includes actions consistent with each of the alternative researched-based technical assistance criteria as approved by the Education Oversight Committee and the Department of Education. Upon approval of the plans by the Department of Education and the State Board of Education, the school will receive an allocation of not less than $75,000, taking into consideration the enrollment of the schools. The funds must be expended on strategies and activities as expressly outlined in the school renewal plan which may include, but are not limited to, professional development, the Teacher Advancement Program (TAP), homework centers, diagnostic testing, supplement health and social services, or comprehensive school reform efforts. The schools will work with the Department of Education to broker the services of technical assistance personnel as needed and as stipulated in the school renewal plan. Funds not expended in the current fiscal year may be carried forward and expended for the same purpose in the next fiscal year.

Schools receiving an absolute rating of unsatisfactory will be provided an external review team evaluation. Based upon the external review team evaluation, the schools must submit to the Department of Education a school renewal plan that includes actions consistent with the alternative research-based technical assistance criteria as approved by the Education Oversight Committee and the Department of Education. Upon approval of the plan by the Department of Education and the State Board of Education, the schools will receive an allocation of not less than $250,000, taking into consideration the enrollment of the schools and the recommendations of the external review team. The funds must be expended on strategies and activities as expressly outlined in the school renewal plan which may include, but are not limited to, professional development, the Teacher Advancement Program (TAP), homework centers, diagnostic testing, supplement health and social services, or comprehensive school reform efforts. The schools will work with the Department of Education to broker the services of technical assistance personnel as needed and as stipulated in the school renewal plan. Funds not expended in the current fiscal year may be carried forward and expended for the same purpose in the next fiscal year.

With the funds appropriated to the Department of Education for technical assistance services, the department will assist schools with an absolute rating of unsatisfactory or below average in designing and implementing school renewal plans and in brokering for technical assistance personnel as needed and as stipulated in the school renewal plan. In addition, the department must monitor the expenditure of funds and the academic achievement in schools receiving these funds and report to the General Assembly and the Education Oversight Committee by January 1 of 2007 and then by January 1 of each fiscal year following as the General Assembly may direct. /
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Rep. LUCAS explained the amendment.
Rep. J. R. SMITH spoke in favor of the amendment.
The amendment was then adopted.

Reps. OTT and COBB-HUNTER proposed the following Amendment No. 85 (Doc Name h:\legwork\house\amend\h-wm\007\ott pace.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 369, after line 12, by adding an appropriately numbered paragraph to read:
/ (EIA - PACE Carry Forward) The Department of Education is authorized to carry forward $871,000 from EIA funds not expended during the prior fiscal year. The $871,000 must be used for the purpose of conducting the Program of Alternative Certification for Educators (PACE) in the current fiscal year./
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Rep. OTT explained the amendment.
The amendment was then adopted.

Section 1A, as amended, was adopted.

SECTION 1AA--AMENDED AND ADOPTED

Rep. COOPER proposed the following Amendment No. 17 (Doc Name h:\legwork\house\amend\h-wm\007\teacherspecialists lottery.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 371, paragraph 1AA.7, after line 33, by inserting a line to read:
/() Department of Education -- Teacher Specialists, $11,000,000;/
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Rep. COOPER explained the amendment.
The amendment was then adopted.

Rep. HOSEY proposed the following Amendment No. 18 (Doc Name h:\legwork\house\amend\h-wm\003\blackville.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 7, line 20, by inserting after the word /Initiative./ the following:/ The next $100,000 will be directed to the Blackville Heritage Corridor Edisto./
Renumber sections to conform.
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Rep. HOSEY explained the amendment.

Rep. LIMEHOUSE moved to table the amendment.

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

The amendment was then tabled by a division vote of 41 to 17.

Rep. HOSEY proposed the following Amendment No. 59 (Doc Name h:\legwork\house\amend\h-wm\005\scstatedefmain.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 1AA.7, line 21, after "County First Steps Program." by inserting:
/The next $27,000,000 will be directed to South Carolina State University for deferred maintenance./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HOSEY explained the amendment.

Rep. LIMEHOUSE moved to table the amendment.

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

Yeas 68; Nays 32

Those who voted in the affirmative are:

Bailey                 Ballentine             Bannister
Barfield               Battle                 Bingham
Brady                  Cato                   Chellis
Clark                  Clemmons               Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Frye                   Haley
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Herbkersman
Hinson                 Hiott                  Huggins
Kirsh                  Leach                  Limehouse
Littlejohn             Lucas                  Mahaffey
Martin                 McCraw                 Merrill
Norman                 Owens                  Perry
Pinson                 E. H. Pitts            Rice
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Vaughn                 Vick
Viers                  Walker                 White
Whitmire               Young

Total--68

Those who voted in the negative are:

Agnew                  Anderson               Anthony
Bales                  Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Funderburk             Govan
J. Hines               Hodges                 Hosey
Jefferson              Jennings               Mack
McLeod                 Miller                 Mitchell
Moody-Lawrence         J. H. Neal             Neilson
Parks                  Phillips               Rivers
Scott                  Weeks

Total--32

So, the amendment was tabled.

Reps. SCOTT and MITCHELL proposed the following Amendment No. 99 (Doc Name h:\legwork\house\amend\h-wm\001\scott deaf unclaimed.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, line 21, after /County First Steps Program./ by inserting: /The next $200,000 shall be directed to the S.C. School for the Deaf and the Blind for technology, equipment, and support for multi-disabled students enrolled in education degree and vocational certificate programs./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. TALLEY proposed the following Amendment No. 122 (Doc Name h:\legwork\house\amend\h-wm\005\talleychapctr.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 1AA.7, line 21, after "County First Steps Program." by inserting:
/The next $1,000,000 will be directed to the Chapman cultural Center./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. TALLEY explained the amendment.

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

Rep. HERBKERSMAN proposed the following Amendment No. 147 (Doc Name h:\legwork\house\amend\h-wm\007\bluffton tech park.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 1AA.7, line 21, by inserting a new sentence to read:
/The next $300,000 will be directed to the Department of Commerce for the Bluffton Technology Park./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HERBKERSMAN explained the amendment.

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

Rep. HERBKERSMAN proposed the following Amendment No. 148 (Doc Name h:\legwork\house\amend\h-wm\007\bluffton heyward.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 1AA.7, line 21, by inserting a new sentence to read:
/The next $300,000 will be directed to the Department of Parks, Recreation and Tourism for the Heyward House in Bluffton./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HERBKERSMAN explained the amendment.

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

Reps. MILLER, NEILSON, DELLENEY, MCCRAW, ANDERSON, GOVAN, AGNEW, MCLEOD, VICK, CEIPS, EMERY, J. E. SMITH, CLYBURN, HAYES, RIVERS, JENNINGS, J. M. NEAL, CLARK, HOSEY, RHOAD, J. HINES and LUCAS proposed the following Amendment No. 178 (Doc Name h:\legwork\house\amend\council\\9361sd06.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 1AA.7, by adding immediately after Item (13) on line 2, a new Item (14) to read:
/   (14)   Public Library Construction Grant Program, $2,000,000.00.

The lottery funding for the Public Library Construction Grant Program contained in this item (14) shall be administered by the State Library Board of Trustees and shall be used to provide grants to county public libraries to build or improve local library facilities. Allowable expenses include: construction cost, facilities studies, building plans, site acquisitions, architectural fees, and furniture, fixtures, and equipment, but do not include cost of new or existing FTE's, operating costs, or debt service. Priority shall be given to counties which have the highest unemployment rates over the past three years, which have the highest percentage of its populace without a high school diploma or its equivalent, or which have the highest percentage of families below the federal poverty level. Grants must be in a minimum amount of fifty thousand dollars with a maximum amount of five hundred thousand dollars and with the local jurisdiction providing one hundred percent matching funds from nonstate sources. In order for a county library to receive such a grant, it must be eligible for state aid with the project or projects to be constructed or improved with grant funds also being approved by the county library board and the governing body of the county. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER explained the amendment.

Rep. LIMEHOUSE moved to table the amendment.

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

Yeas 41; Nays 56

Those who voted in the affirmative are:

Bannister              Barfield               Bingham
Brady                  Chellis                Clemmons
Cooper                 Cotty                  Dantzler
Edge                   Hamilton               Hardwick
Harrell                Herbkersman            Hinson
Hiott                  Huggins                Kirsh
Limehouse              Loftis                 Mahaffey
McGee                  Merrill                Norman
Owens                  Perry                  M. A. Pitts
Rice                   Scarborough            Sinclair
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            Stewart                Talley
Toole                  Umphlett               Vaughn
White                  Young

Total--41

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bailey                 Bales
Battle                 Bowers                 Branham
Breeland               G. Brown               Clark
Clyburn                Cobb-Hunter            Coleman
Delleney               Duncan                 Emory
Funderburk             Govan                  Harrison
Harvin                 Haskins                Hayes
Hodges                 Hosey                  Jefferson
Jennings               Kennedy                Leach
Littlejohn             Lucas                  Mack
Martin                 McCraw                 McLeod
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Phillips
Pinson                 Rivers                 Rutherford
Scott                  Simrill                J. E. Smith
Thompson               Vick                   Walker
Weeks                  Whitmire

Total--56

So, the House refused to table the amendment.

Rep. COOPER spoke against the amendment.
The amendment was then rejected.

Rep. RHOAD proposed the following Amendment No. 84 (Doc Name h:\legwork\house\amend\h-wm\005\leatuitionast.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, line , by adding an appropriately numbered paragraph to read:
/To the extent funds are appropriated, tuition assistance, received by students enrolled and residing in a state supported housing facility on the campus of a Technical College, will equal the amount charged for registering for credit hours of instruction and academic fees. Funds received by these students from federal and need-based grants are not to be reduced from the amount received from lottery funds appropriated for tuition assistance. All other eligibility requirements for tuition assistance must be met/
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. J. H. NEAL and MOODY-LAWRENCE proposed the following Amendment No. 90 (Doc Name h:\legwork\house\amend\h-wm\005\nealclintonjr.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 1AA.7, line 21, after "County First Steps Program." by inserting:
/The next $500,000 will be directed to Clinton Junior College for the early childhood education Associates Degree Program./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. H. NEAL explained the amendment.

Rep. KIRSH moved to table the amendment.

Rep. MOODY-LAWRENCE demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 50 to 20.

Reps. MILLER and J. E. SMITH proposed the following Amendment No. 177 (Doc Name h:\legwork\house\amend\ council\ms\7258 sd06.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 1AA.7, by adding immediately after Item (13) on line 2, a new Item (14) to read:
/   (14)   Public Library Construction Grant Program, $1,000,000.00.

The lottery funding for the Public Library Construction Grant Program contained in this item (14) shall be administered by the State Library Board of Trustees and shall be used to provide grants to county public libraries to build or improve local library facilities. Allowable expenses include: construction cost, facilities studies, building plans, site acquisitions, architectural fees, and furniture, fixtures, and equipment, but do not include cost of new or existing FTE's, operating costs, or debt service. Priority shall be given to counties which have the highest unemployment rates over the past three years, which have the highest percentage of its populace without a high school diploma or its equivalent, or which have the highest percentage of families below the federal poverty level. Grants must be in a minimum amount of fifty thousand dollars with a maximum amount of five hundred thousand dollars and with the local jurisdiction providing one hundred percent matching funds from nonstate sources. In order for a county library to receive such a grant, it must be eligible for state aid with the project or projects to be constructed or improved with grant funds also being approved by the county library board and the governing body of the county. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER explained the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 59; Nays 43

Those who voted in the affirmative are:

Bannister              Barfield               Bingham
Brady                  Cato                   Chellis
Clemmons               Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Hiott                  Huggins
Kirsh                  Leach                  Limehouse
Loftis                 Lucas                  Mahaffey
McCraw                 McGee                  Merrill
Norman                 Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Vaughn                 White
Witherspoon            Young

Total--59

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bailey                 Battle
Bowers                 Branham                Breeland
G. Brown               Clark                  Clyburn
Cobb-Hunter            Coleman                Emory
Funderburk             Govan                  Harvin
Hayes                  Hosey                  Howard
Jefferson              Jennings               Mack
Martin                 McLeod                 Miller
Mitchell               Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Phillips               Rutherford
Sandifer               Scott                  J. E. Smith
Vick                   Walker                 Weeks
Whitmire

Total--43

So, the amendment was tabled.

Reps. OTT and LOFTIS proposed the following Amendment No. 182 (Doc Name h:\legwork\house\amend\h-wm\001\ag in classroom.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 1AA.7, line 21, after "County First Steps Program." by inserting:
/The next $250,000 will be directed to the Department of Education for agriculture in the classroom./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 1AA, as amended, was adopted.

SECTION 2

Section 2 was adopted.

SECTION 3

Section 3 was adopted.

SECTION 4

Section 4 was adopted.

SECTION 5A--AMENDED AND ADOPTED

Rep. LIMEHOUSE proposed the following Amendment No. 77 (Doc Name h:\legwork\house\amend\h-wm\005\limereapplic.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 377, paragraph 17, line 4, by striking:/ Notwithstanding any other provision of law, any student who met the initial eligibility requirements to receive a Palmetto Fellows Scholarship Award as a senior in High School and has met the continuing eligibility requirements shall receive the award. Any student that received a Palmetto Fellows Scholarship Award as a senior in High School but declined the award is eligible to reapply for the annual scholarship, providing he meets all of the initial and continuing academic eligibility requirements of the Palmetto Fellows program, if he transfers to a qualifying South Carolina institution of higher learning. The number of semesters or academic years a student attended an out of state institution are to be deducted from the number of semesters or academic years a student is eligible for the scholarship. All funding provided for Palmetto Fellows Scholarships regardless of its source or allocation shall be used to implement the provisions of this paragraph./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. LIMEHOUSE proposed the following Amendment No. 75 (Doc Name h:\legwork\house\amend\h-wm\005\limechefoster.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 378, paragraph 26, line 21, by striking /For the 2006-07 academic year/ and inserting /For the current academic year/
Amend the bill further, as and if amended, page 378, paragraph 26, line 23, by striking /2006/ and inserting /of the preceding year./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. LIMEHOUSE proposed the following Amendment No. 76 (Doc Name h:\legwork\house\amend\h-wm\005\limelifeelig.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 378, paragraph 25, line 14, by striking:/Students who received the LIFE Scholarship under the revised GPA criteria in effect from March 17, 2004 until January 28, 2005 will continue to be eligible to receive the scholarship either based on the revised GPA or the GPA requirements in effect prior to March 17, 2004, whichever is more advantageous for the student. Students who would like to have their GPA calculated according to the revised GPA calculations must contact the financial aid office. The student shall have the responsibility of submitting their transcripts from all eligible SC institutions to determine eligibility for the LIFE scholarship. Furthermore, following any change in LIFE scholarship GPA requirements, there shall be a delay of one fiscal year in which students are eligible based on either the old criteria or the new criteria, whichever is more advantageous for the student/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. D. C. SMITH proposed the following Amendment No. 81 (Doc Name h:\legwork\house\amend\h-wm\005\palmettofellow.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 379, after line 6, by adding an appropriately numbered paragraph to read:/(CHE: out-of-state eligibility) For fiscal year 2006-2007, students that are South Carolina residents and enrolled in out-of-state high schools shall be eligible to receive the Palmetto Fellows, Life, and Hope scholarships. Eligibility shall be calculated utilizing criteria for in-state students.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. D. C. SMITH explained the amendment.
The amendment was then adopted.

Reps. SCOTT and GOVAN proposed the following Amendment No. 62 (Doc Name h:\legwork\house\amend\h-wm\005\endowed chairs.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 379, after line 7, by adding an appropriately numbered paragraph to read:/
(CHE: Endowed Chairs) Notwithstanding any other provision of law, for fiscal year 2006-2007, South Carolina State University shall be eligible to receive funds under the endowed chairs program. Of the twenty million dollars in carry forward funds, unexpended and not obligated for the endowed chairs program, South Carolina State University shall receive five million dollars. These funds shall be used to meet the matching requirements for federal dollars received for endowed professorships in the areas of Biomedical Sciences and Health Disparities, Energy and Environmental Studies, Engineering and Engineering Technologies, Radiochemistry, Environmental Policy, Transportation, and Economic Development along the I-95 Corridor, with specific funds directed to the creation of a Rural Development Institute. The institution is required to raise, in dollar-for-dollar matching amounts, a matching five million dollars from private or federal sources sufficient to create endowed professorships in these areas.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

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

Section 5A, as amended, was adopted.

SECTION 5B

Section 5B was adopted.

SECTION 5D

Section 5D was adopted.

SECTION 5K

Section 5K was adopted.

SECTION 5M

Section 5M was adopted.

SECTION 5N--ADOPTED

Reps. DUNCAN and G. BROWN proposed the following Amendment No. 139 (Doc Name h:\legwork\house\amend\h-wm\005\duncanmidtec.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 5N, TECHNICAL & COMPREHENSIVE EDUCATION BOARD, page 381, after line 13, by adding an appropriately numbered paragraph to read:
/ (TEC: Midlands) For fiscal year 2006-2007, Midlands Technical College is required to offer auctioneering on a semester schedule.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. DUNCAN explained the amendment.
Rep. G. BROWN spoke in favor of the amendment.

Rep. E. H. PITTS moved to table the amendment, which was not agreed to.

The question then recurred to the adoption of the amendment.

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

Yeas 39; Nays 59

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Bowers
Branham                Breeland               G. Brown
Clyburn                Cobb-Hunter            Coleman
Davenport              Delleney               Duncan
Edge                   Emory                  Haskins
Hosey                  Jefferson              Jennings
Kennedy                Lucas                  Mack
Mahaffey               McCraw                 McLeod
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Parks                  Phillips
M. A. Pitts            Rivers                 J. E. Smith
Umphlett               Vick                   Whipper

Total--39

Those who voted in the negative are:

Bailey                 Ballentine             Bannister
Barfield               Battle                 Bingham
Brady                  J. Brown               Cato
Chalk                  Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Frye                   Funderburk
Haley                  Hamilton               Hardwick
Harrell                Harrison               Harvin
Hinson                 Hiott                  Hodges
Huggins                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
McGee                  Merrill                Norman
Owens                  Perry                  Pinson
E. H. Pitts            Rice                   Rutherford
Sandifer               Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            J. R. Smith            Stewart
Thompson               Toole                  Vaughn
Walker                 White                  Whitmire
Witherspoon            Young

Total--59

So, the amendment was rejected.

Section 5N was adopted.

SECTION 6

Section 6 was adopted.

SECTION 7

Section 7 was adopted.

SECTION 8--AMENDED AND INTERRUPTED DEBATE

Rep. EDGE proposed the following Amendment No. 19 (Doc Name h:\legwork\house\amend\h-wm\009\proviso 8.41.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 390, paragraph 8.41, line 31, by striking the proviso in its entirety and inserting / 8.41 (DHHS: Medicaid Cost and Quality Effectiveness) The Department of Health and Human Services (DHHS) shall establish a procedure to assess the various forms of managed care (Health Maintenance Organizations and Medical Home Networks, and any other forms authorized by the department) to measure cost effectiveness and quality. These measures must be conducted by December 15 of each year. In addition to the cost effectiveness calculations, HMOs and MHNs must conduct annual patient and provider satisfaction surveys equivalent to those sanctioned by nationally recognized managed care accrediting organizations. Cost effectiveness shall be determined in an actuarially sound manner and data must be aggregated in a manner to be determined by a third party actuary in order to adequately compare cost effectiveness of the different managed care programs. The program measures must use a case-mix adjustment that encourages the managed care organizations to enroll and manage all beneficiaries. The results of the cost effectiveness calculations and the patient and provider satisfaction surveys must be made available to the Speaker of the House, Chairman of the Ways and Means Committee, President Pro Tempore of the Senate and Chairman of the Senate Finance Committee no less than 45 days after the measures have been collected./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. COBB-HUNTER, EDGE and OTT proposed the following Amendment No. 20 (Doc Name h:\legwork\house\amend\council\agm\ 18286mm06.doc):
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 391, paragraph 8, after line 15, by adding an appropriately numbered paragraph to read:
/ 8. (DHHS: Program for All-Inclusive Care for the Elderly) By September 1, 2006, the Department of Health and Human Services shall select a qualified provider entity to develop and administer the expansion of, for eligible residents of Orangeburg and Calhoun Counties, a Program of All-Inclusive Care for the Elderly (PACE), the Medicaid optional state service plan currently serving Richland and Lexington Counties. Of the funds appropriated to the department in this fiscal year, a one-time amount, not to exceed $150,000.00, for the startup and development cost must be allocated for this fiscal year 2006-2007 for the Orangeburg and Calhoun County program. Further, the Department of Health and Human Services must assist with the development of the program and secure technical assistance for the implementation of the expanded program with the goal of improved quality of care and efficiency of coordination of health care financing for the participating residents. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

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

Rep. GOVAN proposed the following Amendment No. 68 (Doc Name h:\legwork\house\amend\council\agm\18288mm06.doc):
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 391, paragraph 8, after line 15, by adding an appropriately numbered paragraph to read:
/ 8. (DHHS: PACE) The Department of Health and Human Services shall work with a qualified provider to develop a pilot program in Orangeburg and Calhoun Counties of the Program of All-Inclusive Care for the Elderly (PACE), the optional state service plan currently serving Richland and Lexington Counties. Of the funds appropriated to the department in this fiscal year, an amount sufficient to fund the development of the pilot program, not to exceed $150,000, must be allocated to the Program of All-Inclusive Care for the Elderly in Orangeburg and Calhoun Counties. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

Rep. GOVAN moved to adjourn debate on the amendment, which was agreed to.

Rep. WHITE proposed the following Amendment No. 100 (Doc Name h:\legwork\house\amend\h-wm\010\dhhs targeted case.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 391, paragraph 8.42, line 9, by striking:/ In addition, five hundred thousand dollars ($500,000) of these funds must be used for the targeted case management needs of the Department of Juvenile Justice with the intent of reaching one million seven hundred thousand dollars ($1,700,000) in total funding for targeted case management for Department of Juvenile Justice./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. AGNEW, RICE, MITCHELL, OTT, COBB-HUNTER, J. H. NEAL, HODGES, ANTHONY, HARVIN, FUNDERBURK, GOVAN, J. E. SMITH and MACK proposed the following Amendment No. 130 (Doc Name h:\legwork\house\amend\ council\nbd\12351ac06.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 8, J02 DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 391, paragraph 8, after line 14, by adding an appropriately numbered paragraph to read:
/8.__(DHHS: Small Business Health Insurance Premium Assistance Program) (A)   There is established the Small Business Health Insurance Premium Assistance Program within the Department of Health and Human Services. The purpose of this program is to provide health insurance premium assistance to small businesses for all employees and employee spouses who are at or under two hundred percent of the federal poverty level.   To be eligible to participate in this program, a small business owner must:

(1)   employ seventy-five or fewer employees;

(2)   provide health insurance to all employees who are employed the requisite number of hours pursuant to the health insurance policy of the small business and agree to maintain this insurance for the next twelve months;

(3)   contribute twenty five percent of the premium cost for those employees eligible for the premium assistance program; and

(4)   contribute a minimum of twenty five percent of the premiums for those employees not eligible for the premium assistance program.

An employee who qualifies for this program shall contribute, on a sliding fee basis determined by income, as established by the department in regulation, up to fifteen percent of the premium cost. The department shall apply to the Centers for Medicaid and Medicare Services for a waiver to carry out this program. Funding for this program must be provided from those funds deposited in the Medicaid Match Fund created pursuant to subparagraph (C).

(B)   The department shall expand coverage under the state Medicaid program to children eighteen years of age and under whose family incomes do not exceed two hundred percent of the federal poverty level.

(C)   There is created in the State Treasury the Medicaid Match Fund that is separate and distinct from the general fund of the State and all other funds. Revenue collected pursuant to subparagraph (D) must be credited to the Medicaid Match Fund and used by the department as the state match for federal Medicaid funding for the Health Insurance Premium Assistance Program established in subparagraph (A) and for the expansion of Medicaid coverage pursuant to subparagraph (B).   Monies in the fund are supplementary and may not be used to replace recurring monies appropriated from the general fund of the State or from other funds for the support of the Medicaid program. This fund is exempt from reductions imposed by law as a result of general fund shortfalls. Earnings on fund revenues must be credited to the fund and used for the same purposes. Revenues in the fund not expended during this fiscal year must be carried forward to the succeeding fiscal year and must be used for the same purposes

(D)   In addition to the license tax imposed pursuant to subparagraph (A), there is imposed on all cigarettes made of tobacco or any substitute for tobacco an additional license tax equal to 1.6 cents on each cigarette. This additional tax must be reported, paid, collected, and enforced in the same manner as the tax imposed pursuant to Section 12-21-620(1). Of monies collected pursuant to this section:

(1)   3 million dollars must be credited to the Department of Health and Environmental Control to be divided equally between maternal and child health and smoking cessation and youth smoking prevention programs;

(2)   2 million dollars must be credited to the South Carolina Department of Agriculture for programs to market South Carolina grown agricultural products; and

(3)   the remaining funds must be deposited into the Medicaid Match Fund created pursuant to subparagraph (C).

(E)   Of the funds appropriated in this paragraph to the Department of Health and Human Services for the Small Business Health Insurance Premium Program, the Department of Health and Human Services shall ensure by appropriate caps on the number of enrolled employees that no more funds are expended for the program than are available in the Medicaid Matching Fund established in this paragraph after funds are allocated to the expansion of Medicaid Funding./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. AGNEW explained the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. EDGE spoke against the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. RUTHERFORD spoke in favor of the amendment.
Rep. MACK spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. E. H. PITTS spoke against the amendment.
Rep. AGNEW spoke in favor of the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 67; Nays 46

Those who voted in the affirmative are:

Bailey                 Bannister              Barfield
Battle                 Bingham                Brady
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Cooper                 Cotty                  Davenport
Delleney               Duncan                 Edge
Frye                   Haley                  Hamilton
Hardwick               Harrell                Harrison
Hayes                  Herbkersman            Hinson
Hiott                  Huggins                Kennedy
Kirsh                  Leach                  Littlejohn
Loftis                 Lucas                  Mahaffey
McCraw                 McGee                  Merrill
Neilson                Norman                 Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Sandifer               Scarborough
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Witherspoon
Young

Total--67

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Dantzler
Emory                  Funderburk             Govan
Harvin                 Hodges                 Hosey
Howard                 Jefferson              Jennings
Limehouse              Mack                   Martin
McLeod                 Miller                 Mitchell
Moody-Lawrence         J. H. Neal             J. M. Neal
Ott                    Parks                  Phillips
Rice                   Rivers                 Rutherford
Scott                  Sinclair               D. C. Smith
J. E. Smith            Vick                   Weeks
Whipper

Total--46

So, the amendment was tabled.

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

MOTION NOTED

Rep. COOPER moved to reconsider the vote whereby Part IA, Sections 56A, 56C, 63, and Part 1B, Sections 1, 1A, 1AA, 2, 3, 4, 5A, 5B, 5D, 5K, 5M, 5N, 6, 7 were adopted and the motion was noted.

MOTION NOTED

Rep. KENNEDY moved to reconsider the vote whereby Amendment No. 130, Section 8, Part IB was tabled and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being consideration of Section 8, Part IB.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4605 (Word version) -- Reps. Witherspoon, Barfield, Chellis, Edge, Hardwick and Hayes: A CONCURRENT RESOLUTION TO DECLARE AUGUST 12, 2006, AS "NATIONAL MARINA DAY" IN SOUTH CAROLINA IN ORDER TO HONOR SOUTH CAROLINA'S MARINAS FOR THEIR CONTRIBUTIONS TO THE COMMUNITY AND TO MAKE OUR CITIZENS MORE AWARE OF THE OVERALL CONTRIBUTIONS OF MARINAS TO THEIR WELL-BEING.

H. 4900 (Word version) -- Rep. Vaughn: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR BEN H. DILLARD OF GREENVILLE COUNTY FOR HIS TWENTY-SEVEN YEARS OF DEDICATION AND SERVICE TO THE COMMUNITY AS A SOIL AND WATER CONSERVATION DISTRICT COMMISSIONER AND AS AN ADVOCATE FOR THE PROTECTION OF NATURAL RESOURCES.

H. 4901 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. LUTHER STEWART OF VARNVILLE ON THEIR TWENTY-FIFTH WEDDING ANNIVERSARY ON APRIL 11, 2006, AND TO EXTEND BEST WISHES TO THE ENTIRE STEWART FAMILY ON THIS WONDERFUL OCCASION.

H. 4902 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DIVA GIRLZ, INC., A SOUTH CAROLINA COMPANY ORGANIZED FOR THE EMPOWERMENT OF WOMEN AND ITS FOUNDER, MS. WOODEENA (DINA) CURRY, FOR ALL THEIR TRULY WONDERFUL EFFORTS IN AIDING AND ASSISTING VICTIMS OF HURRICANE KATRINA WHO HAVE RELOCATED TO SOUTH CAROLINA.

H. 4903 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE CLERGY AND CONGREGANTS OF THE SECOND CALVARY BAPTIST CHURCH OF RICHLAND COUNTY FOR THEIR OUTSTANDING FAITH AND TO WISH THEM ALL THE BEST UPON THEIR MOVE TO A NEW LOCATION ON APRIL 9, 2006.

ADJOURNMENT

At 6:55 p.m. the House, in accordance with the motion of Rep. STEWART, adjourned in memory of J. M. Fulmer of Aiken, to meet at 9:30 a.m. tomorrow.

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