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

Wednesday, March 12, 2008
(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 Proverbs 3:5: "Trust in the Lord with all your heart, and do not rely on your own insight."
Let us pray. Patient and loving God, give us the wisdom and insight to willingly go where You lead us. Teach us patience and courage to do what You have gifted us to do. Take us by the hand and direct our thoughts and our actions to accomplish those things which are important and fruitful for the folk of this State. Bless us as we continue to make decisions on the budget process. Look in favor upon our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear our prayer, O 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. HUGGINS moved that when the House adjourns, it adjourn in memory of M. L. "Mel" Burton, Jr., of Columbia, which was agreed to.

INVITATION

On motion of Rep. LEACH, with unanimous consent, the following was taken up for immediate consideration and accepted:

March 4, 2008
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:

On behalf of the South Carolina Chapters of Alpha Phi Alpha Fraternity, Inc., the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, April 30, 2008, at 12:30 p.m. at the Brookland Conference Center in West Columbia.

Sincerely,
Hervery B. O. Young
District Director

HOUSE RESOLUTION

The following was introduced:

H. 4837 (Word version) -- Reps. Huggins, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE STEVEN E. MATTISON OF LEXINGTON COUNTY, BUSINESS MANAGER FOR THE UNIVERSITY OF SOUTH CAROLINA COLLEGE OF EDUCATION IN COLUMBIA, FOR HIS OUTSTANDING SERVICE UPON THE OCCASION OF HIS RETIREMENT AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

On motion of Rep. ALEXANDER, with unanimous consent, the following was taken up for immediate consideration:

H. 4838 (Word version) -- Rep. Alexander: A HOUSE RESOLUTION TO COMMEND BISHOP DONALD HYMAN FOR HIS MANY YEARS OF PHILANTHROPIC ENDEAVORS, AND TO CONGRATULATE HIM ON THE CITY OF FLORENCE'S PROCLAIMING MARCH 15, 2003, BISHOP DONALD HYMAN APPRECIATION DAY.

Whereas, it is with great pleasure that the House of Representatives honors those individuals who give tirelessly of themselves to the welfare of this great State's citizenry; and

Whereas, Bishop Donald Hyman stands among their number as an outstanding public benefactor, one much admired in his role as both philanthropist and pastor to the people of Florence; and

Whereas, in addition to his numerous contributions to already-established worthy causes, he started an annual "Give a Hand" program that dispenses food, clothing, toys, and toiletries to those in need and a "Back to School" program that gives free school supplies to needy students. As a pastor, he frequently visits nursing homes, hospitals, and private homes to offer spiritual guidance, prayer, and care; and

Whereas, in recognition of his many years of blessing his community, the City of Florence proclaimed March 15, 2003, Bishop Donald Hyman Appreciation Day; and

Whereas, the House of Representatives is pleased to recognize Bishop Donald Hyman, who truly loves his neighbor as himself, for his selfless labors on behalf of his community, and the members join with the people of Florence in wishing him well in all his future ventures. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, commend Bishop Donald Hyman for his many years of philanthropic endeavors, and congratulate him on the City of Florence's proclaiming March 15, 2003, Bishop Donald Hyman Appreciation Day.

Be it further resolved that a copy of this resolution be forwarded to Bishop Donald Hyman.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4839 (Word version) -- Reps. Pinson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. MARGARET WALLACE BAILEY TINSLEY OF GREENWOOD COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

HOUSE RESOLUTION

The following was introduced:

H. 4840 (Word version) -- Rep. Gullick: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE SPRINGFIELD MIDDLE SCHOOL MOCK TRIAL TEAM, AND TO CONGRATULATE THE STUDENTS AND THE ATTORNEYS AND TEACHERS WHO COACHED THEM FOR CAPTURING THE 2007 STATE MIDDLE SCHOOL MOCK TRIAL CHAMPIONSHIP TITLE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4841 (Word version) -- Reps. Huggins, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MARY KATE BELL BREARLEY GLASSER OF RICHLAND COUNTY, AS AN EXTRAORDINARY MOTHER OF FOUR CHILDREN, AND TO CONGRATULATE HER UPON THE OCCASION OF BEING NAMED SOUTH CAROLINA'S 2008 MOTHER OF THE YEAR.

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

CONCURRENT RESOLUTION

On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:

H. 4842 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE MANY OUTSTANDING HOME BUILDERS AND RESIDENTIAL SPECIALTY CONTRACTORS IN OUR STATE BY DECLARING WEDNESDAY, MARCH 26, 2008, SOUTH CAROLINA HOME BUILDER DAY.

Whereas, the members of the South Carolina General Assembly recognize that a healthy and prosperous society must fulfill the desires and aspirations of the majority of its members while protecting each of its individual's rights; and

Whereas, the citizens of our State desire to live in communities which meet their individual needs and where they and their families can grow and prosper, while conserving the natural resources of our State at the same time; and

Whereas, our forefathers earnestly sought to ensure the protection of an individual's property rights by establishing these rights in both the Fifth and Fourteenth Amendments to the United States Constitution; and

Whereas, homeownership provides a sense of home for South Carolina families and their children and results in better education, more secure and well-kept neighborhoods, economic development, and a better quality of life for the youngest citizens of our State; and

Whereas, the purchase of a home for most South Carolinians is the single largest investment they will ever make and is the largest source of wealth creation in our nation; and

Whereas, all families in South Carolina, regardless of race, color, religion, gender, handicap, familial status, or national origin should have the opportunity to pursue the American dream of homeownership; and

Whereas, housing affordability and the choices available in housing should be market driven, based on the principles of a free market, so the American dream of homeownership can be protected and preserved for future generations of South Carolinians; and

Whereas, South Carolina's Home Builders Association has nearly six thousand members and nineteen local home-builder associations throughout the State; and

Whereas, Home Builders Association of South Carolina provides its members with diverse and specialized services in South Carolina in the purchase, resale, construction, and remodeling of residential homes containing one and two families; and

Whereas, in addition to the array of member programs, products, and services that Home Builders Association of South Carolina offers to its members, the association also provides critical continuing-education resources to home-building professionals in South Carolina; and

Whereas, beyond the services it provides to its members, Home Builders Association of South Carolina has taken public-interest positions on local, regional, state, and federal issues relating to the protection of homeowners and the home-building industry, including private property rights, reasonable regulations, sound land use policy, and fair taxation; and

Whereas, Home Builders Association of South Carolina and its members are truly the builders of the American dream of homeownership. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the South Carolina General Assembly, by this resolution, recognize and honor the many outstanding home builders and residential specialty contractors in our State by declaring Wednesday, March 26, 2008, South Carolina Home Builder Day.

Be it further resolved that a copy of this resolution be forwarded to William "Bill" G. Smith, 2008 President of Home Builders Association of South Carolina.

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

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4843 (Word version) -- Reps. Loftis, Brantley, Allen, J. H. Neal, Alexander, Govan, Bedingfield, Harvin, Whipper, Bales, Bingham, Bowen, Bowers, Breeland, Chalk, Clyburn, Edge, Erickson, Gambrell, Haley, Herbkersman, Hodges, Hosey, Jefferson, Kirsh, Knight, Leach, Littlejohn, Lowe, Mahaffey, Ott, Owens, M. A. Pitts, J. R. Smith, Spires, Weeks, Williams and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-135 SO AS TO PROVIDE THAT THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION SHALL ADOPT REGULATIONS THAT REQUIRE BROADBAND PROVIDERS TO SUBMIT REPORTS PERIODICALLY TO THE COMMISSION ON THE DEPLOYMENT OF BROADBAND INTERNET SERVICE TO THE PUBLIC, TO SPECIFY THE REQUIRED CONTENTS OF THE REPORTS, TO REQUIRE THE COMMISSION TO PUBLISH THE REPORTS ON THE COMMISSION WEB SITE, AND TO DEFINE CERTAIN TERMS.
Referred to Committee on Labor, Commerce and Industry

H. 4844 (Word version) -- Rep. Hayes: A BILL TO AMEND ACT 137 OF 2007, RELATING TO ACQUISITION AGREEMENTS FOR SCHOOL BUILDINGS AND OTHER SCHOOL FACILITIES, SO AS TO PROVIDE THAT NO ACQUISITION AGREEMENT MAY BE ENTERED INTO UNTIL THE DILLON COUNTY BOARD OF EDUCATION PROJECTS THAT ALL SALES TAX REVENUE, BOND REVENUE, AND ALL OTHER SOURCES OF AVAILABLE REVENUE ARE SUFFICIENT TO PAY AMOUNTS OWED UNDER THE ACQUISITION AGREEMENT.
On motion of Rep. HAYES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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

H. 4846 (Word version) -- Reps. Moss, Gambrell, Chalk, Erickson, Frye, Spires, J. M. Neal, Coleman, Agnew, Bowen, Bowers, Brady, Branham, G. Brown, Cobb-Hunter, Crawford, Funderburk, Gullick, Hayes, Jennings, Knight, Littlejohn, McLeod, Merrill, Neilson, Ott, Pinson, Sandifer and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-115 SO AS TO DESIGNATE THE THIRD WEEK IN SEPTEMBER AS "MITOCHONDRIAL DISEASE AWARENESS WEEK".
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4847 (Word version) -- Reps. Cotty, Brady and J. E. Smith: A BILL TO AMEND SECTION 56-5-5635, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOWING, STORAGE, AND DISPOSITION OF CERTAIN VEHICLES AND PERSONAL PROPERTY, SO AS TO DELETE THE TERM "LAW ENFORCEMENT OFFICER" AND REPLACE IT WITH THE TERM "OFFICER"; TO AMEND SECTION 56-5-5810, RELATING TO THE DEFINITION OF TERMS REGARDING THE PROVISIONS THAT REGULATE THE DISPOSITION OF ABANDONED OR DERELICT MOTOR VEHICLES ON PUBLIC AND PRIVATE PROPERTY, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO THE SAME TERMS AS THEY APPEAR IN ARTICLE 39, CHAPTER 5 OF TITLE 56, TO REVISE THE DEFINITIONS OF THE TERMS "OFFICER" AND "DERELICT VEHICLE", AND TO DELETE A DUPLICATE TERM AND ITS DEFINITION; TO AMEND SECTION 56-5-5850, RELATING TO THE PLACEMENT OF A COLORED TAG ON UNATTENDED VEHICLES AS NOTICE THAT IT MAY BE CONSIDERED TO BE ABANDONED, SO AS TO REVISE THE CONDITIONS UPON WHICH A COLORED TAG MAY BE PLACED UPON A VEHICLE, THE LEVEL OF NOTICE CONVEYED BY THE COLORED TAG, THE PERIOD FOR WHICH THE COLORED TAG AND NOTICE ARE VALID, AND TO PROVIDE THE CIRCUMSTANCES WHEN ADDITIONAL NOTICE IS REQUIRED; TO AMEND SECTION 56-5-5880, RELATING TO THE RIGHT OF CERTAIN GOVERNMENTAL OFFICIALS TO ENTER PRIVATE PROPERTY TO ENFORCE THE PROVISIONS THAT REGULATE THE DISPOSAL OF ABANDONED VEHICLES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-5920, RELATING TO VEHICLES THAT ARE NOT SUBJECT TO THE PROVISIONS THAT REGULATE THE DISPOSAL OF ABANDONED MOTOR VEHICLES, SO AS TO PROVIDE THAT A VEHICLE HOUSED OR PROTECTED FROM THE ELEMENTS MUST BE KEPT WITHIN A CLOSED PERMANENT STRUCTURE TO BE EXEMPT FROM THESE PROVISIONS; AND TO AMEND SECTION 56-5-5950, RELATING TO PENALTIES THAT MUST BE IMPOSED ALSO UPON A PERSON WHO ABANDONS A VEHICLE, SO AS TO PROVIDE THAT THESE PENALTIES MUST BE IMPOSED UPON A PERSON WHO FAILS TO ABATE A DERELICT VEHICLE WITHIN A CERTAIN TIME PERIOD.
Referred to Committee on Judiciary

H. 4848 (Word version) -- Reps. Loftis, Haskins, Simrill, Crawford, Davenport, Funderburk, Hayes, Mitchell, Owens and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 1 SO AS TO ENACT THE "TWENTY-FIRST CENTURY SOUTH CAROLINA GOVERNMENT ACT", TO CREATE A SOUTH CAROLINA ENTERPRISE INFORMATION SYSTEM AND PROVIDE FOR ITS POWER, DUTIES, AND RESPONSIBILITIES, AND TO APPROPRIATE MONIES FROM THE GENERAL FUND OF THE STATE TO FUND THIS ACT.
Referred to Committee on Ways and Means

H. 4849 (Word version) -- Reps. Toole, Spires, E. H. Pitts, Bowen, Govan, Clyburn, Bingham, Breeland, Cato, Mahaffey, Moody-Lawrence, J. H. Neal and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-23-90 SO AS TO PROVIDE FOR THE TERMINATION OF ACCEPTANCE OF MORTGAGE INSURANCE PREMIUM PAYMENTS AND THE RETURN OF ESCROWED MORTGAGE INSURANCE PREMIUMS BY A LENDER WHO REQUIRED MORTGAGE INSURANCE IN CONNECTION WITH A CONSUMER HOME LOAN TRANSACTION UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Labor, Commerce and Industry

S. 500 (Word version) -- Senators Knotts and Ford: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE CIVIL LIABILITY IMMUNITY FOR A LOSS RESULTING FROM CERTAIN DOCUMENTS RELATING TO THE ADMINISTRATION OF THE LAW ENFORCEMENT TRAINING COUNCIL; AND TO AMEND SECTION 23-23-90, RELATING TO INTERNAL DOCUMENTS OF THE LAW ENFORCEMENT TRAINING COUNCIL, SO AS TO CLARIFY THAT AN ACTION MAY NOT BE BROUGHT BASED ON CERTAIN DOCUMENTS RELATING TO THE ADMINISTRATION OF THE LAW ENFORCEMENT TRAINING COUNCIL UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary

S. 865 (Word version) -- Senators Alexander, O'Dell, Short and Knotts: A BILL TO AMEND SECTION 12-43-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR THE STANDARDIZED PROPERTY TAX BILL, SO AS TO REVISE THESE REQUIREMENTS TO REFLECT THE EXEMPTION FROM MILLAGE IMPOSED FOR SCHOOL OPERATIONS FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY AND THE AMOUNT REIMBURSED THE SCHOOL DISTRICT FROM THE HOMESTEAD EXEMPTION FUND FOR THAT EXEMPTION AND TO REFLECT ANY CREDIT AGAINST THE PROPERTY TAX LIABILITY FOR COUNTY OPERATIONS ON OWNER-OCCUPIED RESIDENTIAL PROPERTY ATTRIBUTABLE TO EXCESS BALANCES IN THE HOMESTEAD EXEMPTION FUND.
Referred to Committee on Ways and Means

S. 1063 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 34-11-60(D) OF THE 1976 CODE, RELATING TO THE DRAWING OF A FRAUDULENT CHECK, TO INCREASE THE TIME A PAYEE HAS TO DEPOSIT A CHECK TO TWENTY-ONE DAYS SO THAT THE DRAWER OF THE CHECK MAY BE PROSECUTED.
Referred to Committee on Labor, Commerce and Industry

S. 1120 (Word version) -- Senator Land: A BILL TO PROVIDE THAT FROM JUNE 1, 2008, TO SEPTEMBER 30, 2008, A NON-RESIDENT MAY OBTAIN A LIFETIME COMBINATION LICENSE FROM THE DEPARTMENT OF NATURAL RESOURCES UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

CONCURRENT RESOLUTION

The following was introduced:

H. 4850 (Word version) -- Reps. Witherspoon, Clemmons and Hardwick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES MAPLE SWAMP ALONG ADRIAN HIGHWAY IN HORRY COUNTY "JULIAN A. BOOTH MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "JULIAN A. BOOTH MEMORIAL BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1193 (Word version) -- Senators Matthews and Hutto: A CONCURRENT RESOLUTION TO REMEMBER THE LIFE OF VIRGINIA WILSON OF BAMBERG COUNTY AND TO EXPRESS GRATITUDE FOR HER MANY YEARS AS A TEACHER AND FOR HER SERVICE ON THE SOUTH CAROLINA STATE BOARD OF EDUCATION.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1196 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE WILLIAM JAMES "JAY" PRICE OF RICHLAND COUNTY UPON THE OCCASION OF HIS BEING NAMED SOUTH CAROLINA SPEECH AND HEARING ASSOCIATION AMBASSADOR FOR 2008.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

ROLL CALL

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

Alexander              Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Brady
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Cooper                 Crawford
Dantzler               Delleney               Duncan
Edge                   Erickson               Funderburk
Gambrell               Govan                  Gullick
Hagood                 Haley                  Hardwick
Harrell                Harrison               Harvin
Haskins                Hayes                  Herbkersman
Hiott                  Hodges                 Hosey
Huggins                Hutson                 Jefferson
Jennings               Kelly                  Kennedy
Kirsh                  Knight                 Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mack                   Mahaffey
McLeod                 Merrill                Miller
Moss                   Mulvaney               J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Scott
Shoopman               Skelton                D. C. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Viers
Walker                 Whipper                White
Whitmire               Williams               Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 12.

Paul Agnew                        William Bowers
Creighton Coleman                 Bill Cotty
Glenn Hamilton                    Chris Hart
Leon Howard                       Joseph Neal
Todd Rutherford                   Bakari Sellers
Gary Simrill                      Fletcher Smith
G. Murrell Smith                  David Weeks
Robert Leach                      Harold Mitchell
Ted Vick                          Karl Allen
Ralph Davenport

Total Present--119

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Stanley Baker, Jr., of Greenwood was 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. 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. 4459 (Word version)
Date:   ADD:
03/12/08   WHIPPER

CO-SPONSOR ADDED

Bill Number:   H. 4459 (Word version)
Date:   ADD:
03/12/08   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4664 (Word version)
Date:   ADD:
03/12/08   BALLENTINE

H. 4800--AMENDED AND INTERRUPTED DEBATE

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

H. 4800--THE GENERAL APPROPRIATION BILL

H. 4800 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

PART IB

SECTION 1--AMENDED AND ADOPTED

Rep. WALKER proposed the following Amendment No. 150 (Doc Name h:\legwork\house\amend\council\dt\27122bb08.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, paragraph 1.8, line 31, by inserting after /district/ on line 31 / or alternative residences/.
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. G. R. SMITH, SHOOPMAN, BEDINGFIELD, LEACH and F. N. SMITH proposed the following Amendment No. 103 (Doc Name h:\legwork\house\amend\h-wm\008\charter school funding.doc):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 372, after line 28, by adding an appropriately numbered paragraph to read:
/(SDE: Charter School funding schedule) Of the funds appropriated, districts with locally approved charter schools will receive funds by the fifth day of student attendance at the beginning of each school year for those charter schools with approved incremental growth and expansion as provided in their charter application. Funding will be adjusted at the 45-day school count as is currently the case with the Education Finance Act. This does not apply to schools approved and operating under the South Carolina Charter School District./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. G. R. SMITH explained the amendment.
Rep. G. R. SMITH spoke in favor of the amendment.

Rep. G. R. SMITH moved to adjourn debate on the amendment, which was agreed to.

Rep. SELLERS proposed the following Amendment No. 135 (Doc Name h:\legwork\house\amend\h-wm\001\sde teen life ctr.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 372, after line 28, by adding an appropriately numbered paragraph to read:
/(SDE: Teen Life Center) Of the funds appropriated and/or authorized to the Department of Education, the department shall allocate $350,000 to the Bamberg School District Two for the Teen Life Center. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SELLERS explained the amendment.

Rep. J. R. SMITH moved to table the amendment, which was agreed to by a division vote of 56 to 23.

Reps. MILLER, BARFIELD, MERRILL, CLEMMONS, BREELAND, SCARBOROUGH, ERICKSON, ANDERSON, BOWERS, CHALK, HARVIN, J. H. NEAL, HAYES, GOVAN, BINGHAM, HODGES, R. BROWN, MCLEOD, BRANTLEY, WITHERSPOON, BANNISTER, HERBKERSMAN, MACK, LUCAS AND HARDWICK proposed the following Amendment No. 144 (Doc Name h:\legwork\house\amend\council\gjk\ 20584sd08.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, by adding a new paragraph to be appropriately numbered immediately after paragraph 1.77 on page 372, to read:
/   1.____.     (SDE: Transfer Funding for EFA)
The state treasurer in fiscal year 2008-2009 shall transfer from the Homestead Exemption Fund to the Education Finance Act Reserve Fund sufficient monies, as determined by the Department of Education after consultation with the Department of Revenue, to provide each school district of this State with state funding under the Education Finance Act for fiscal year 2008-2009, at least equal to what the school district received in state funding under the Education Finance Act for fiscal year 2007-2008.   /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. BATTLE proposed the following Amendment No. 145 (Doc Name h:\legwork\house\amend\h-wm\008\technical assistance per report card.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 372, after line 28, by adding an appropriately numbered paragraph to read:
/(SDE: Technical Assistance) Schools which receive individual report cards and share a school identification number (SIDN) and would receive less technical assistance funding in fiscal year 2009 than in fiscal year 2008 shall receive technical assistance funding as if they were two separate schools, except these schools may not receive more in total than they received in FY 2008./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. THOMPSON proposed the following Amendment No. 152 (Doc Name h:\legwork\house\amend\h-wm\008\report card printing buses.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 381, paragraph 1A.41, line 16, by inserting after the word /white./:
/The Department must condense the report card to a two page executive summary to include relevant school and district contact information, school and district ratings to include longitudinal history, similar schools information, Adequate Yearly Progress (AYP) information, and NAEP information. All other required report card information must be made available to parents and the community by posting it on the school and district's web site, displaying an enlarged version in a prominent location in the school and district buildings, and upon request, must be made available in print to parents and community members. cost savings generated from the consolidated report cards shall be used for school bus operations./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. COTTY proposed the following Amendment No. 167 (Doc Name h:\legwork\house\amend\h-wm\008\national board cap.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 362, paragraph 1.50, line 15, by inserting after the word /certification./:
/Teachers receiving salary supplements shall be eligible for only ten annual state supplements, regardless of the times the individual is certified./
Renumber sections to conform.
Amend totals and titles to conform.

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

SPEAKER PRO TEMPORE IN CHAIR

Rep. COTTY continued speaking.
Rep. HAYES spoke in favor of the amendment.

Rep. J. R. SMITH moved to table the amendment, which was not agreed to by a division vote of 34 to 55.

The question then recurred to the adoption of the amendment.

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

Yeas 42; Nays 70

Those who voted in the affirmative are:

Anderson               Anthony                Brady
Brantley               Cato                   Clyburn
Cobb-Hunter            Cotty                  Dantzler
Duncan                 Erickson               Funderburk
Haley                  Hamilton               Haskins
Hiott                  Hodges                 Huggins
Jefferson              Jennings               Kennedy
Kirsh                  Littlejohn             Loftis
Mack                   Mahaffey               McLeod
Owens                  Perry                  E. H. Pitts
M. A. Pitts            Rice                   Sellers
Skelton                G. M. Smith            G. R. Smith
Spires                 Toole                  Viers
Weeks                  Williams               Witherspoon

Total--42

Those who voted in the negative are:

Agnew                  Alexander              Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Branham
Breeland               G. Brown               R. Brown
Chalk                  Clemmons               Coleman
Cooper                 Crawford               Delleney
Edge                   Gambrell               Govan
Gullick                Hagood                 Hardwick
Harrell                Hart                   Harvin
Hayes                  Herbkersman            Hosey
Howard                 Hutson                 Kelly
Knight                 Leach                  Limehouse
Lowe                   Lucas                  Merrill
Miller                 Moss                   Mulvaney
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Pinson
Rutherford             Sandifer               Scarborough
Scott                  Shoopman               Simrill
D. C. Smith            F. N. Smith            J. R. Smith
W. D. Smith            Stavrinakis            Stewart
Talley                 Thompson               Umphlett
Walker                 Whipper                White
Whitmire

Total--70

So, the amendment was rejected.

Reps. BALLENTINE and G. R. SMITH proposed the following Amendment No. 23 (Doc Name h:\legwork\house\amend\h-wm\008\REV early graduation program.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 372, after line 28, by adding an appropriately numbered paragraph to read:
/SDE: Palmetto Early Graduation Reward Program) The Department of Education shall implement the Palmetto Early Graduation Reward Program and offer an opportunity to reward students who master the required course of study in a shorter period of time than the traditional four-year program of study. The department shall create a program that provides student scholarships worth up to $2,000 for finishing in six semesters or $1,000 for finishing in seven semesters. the state department of education may use funds from the education improvement act as needed./
Renumber sections to conform.
Amend totals and titles to conform.

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

SPEAKER IN CHAIR

Rep. SCOTT spoke against the amendment.
Rep. J. R. SMITH spoke against the amendment.

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

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

Yeas 66; Nays 42

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Bales                  Barfield               Battle
Brady                  Branham                Brantley
Breeland               G. Brown               R. Brown
Clyburn                Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Funderburk             Gambrell               Govan
Gullick                Hamilton               Hardwick
Harrison               Harvin                 Haskins
Hayes                  Hiott                  Hodges
Hosey                  Jefferson              Jennings
Kelly                  Knight                 Leach
Limehouse              Littlejohn             Mack
Mahaffey               Miller                 Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Perry
Pinson                 Rutherford             Sandifer
Scarborough            Scott                  Skelton
D. C. Smith            J. R. Smith            Stavrinakis
Umphlett               Walker                 Weeks
Whipper                White                  Whitmire
Williams               Witherspoon            Young

Total--66

Those who voted in the negative are:

Agnew                  Ballentine             Bannister
Bedingfield            Bingham                Bowen
Bowers                 Cato                   Chalk
Clemmons               Crawford               Delleney
Duncan                 Edge                   Erickson
Hagood                 Haley                  Hart
Herbkersman            Huggins                Hutson
Kennedy                Kirsh                  Loftis
Lowe                   Lucas                  Mulvaney
Owens                  E. H. Pitts            M. A. Pitts
Rice                   Shoopman               Simrill
F. N. Smith            G. M. Smith            Spires
Stewart                Talley                 Taylor
Thompson               Toole                  Viers

Total--42

So, the amendment was tabled.

Reps. G. R. SMITH, SHOOPMAN, BEDINGFIELD, F. N. SMITH and LEACH proposed the following Amendment No. 103 (Doc Name h:\legwork\house\amend\h-wm\008\charter school funding.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 372, after line 28, by adding an appropriately numbered paragraph to read:
/(SDE: Charter School funding schedule) Of the funds appropriated, districts with locally approved charter schools will receive funds by the fifth day of student attendance at the beginning of each school year for those charter schools with approved incremental growth and expansion as provided in their charter application. Funding will be adjusted at the 45-day school count as is currently the case with the Education Finance Act. This does not apply to schools approved and operating under the South Carolina Charter School District./
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

Rep. GOVAN proposed the following Amendment No. 183 (Doc Name h:\legwork\house\amend\council\dt\27123bb088.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 372, after line 28, by adding an appropriately numbered paragraph to read:
/1.__. (SDE: Home School Student Reporting) By January 30, 2009, the South Carolina Association of Independent Home Schools shall report the following information for a child home schooled through the association to the child's school district: the full legal name, date of birth, grade level of the child; the full legal name and residential street address of a parent or guardian of the child; and the date on which the child entered the home schooling program. The South Carolina Association of Independent Home Schools immediately shall report to a school district in which a child resides of the withdrawal of the child from the home school program conducted through the association./
Renumber sections to conform.
Amend totals and titles to conform.

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

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

The amendment was then tabled by a division vote of 58 to 8.

Section 1, as amended, was adopted.

SECTION 1A

Section 1A was adopted.

SECTION 2

Section 2 was adopted.

SECTION 6--ADOPTED

Reps. UMPHLETT, MERRILL and M.A. PITTS proposed the following Amendment No. 88 (Doc Name h:\legwork\house\amend\h-wm\001\che out of state student rev.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 6, COMMISSION ON HIGHER EDUCATION, page 399, after line 12, by adding an appropriately numbered paragraph to read:
/ (CHE: Out-of-State Student Revenue) Each state supported college and university is directed to calculate the revenue lost by offering in-state tuition rates to out-of-state students. The institutions are directed to remit this amount to the Commission on Higher Education by June 1, 2009, from the General Funds appropriated to the institution. The commission shall utilize these funds for Need-Based Grants. The commission is authorized to carry forward and use these funds for the same purpose. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. UMPHLETT explained the amendment.
Rep. SKELTON spoke against the amendment.
Rep. M. A. PITTS spoke in favor of the amendment.

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

Section 6 was adopted.

SECTION 7

Section 7 was adopted.

SECTION 15

Section 15 was adopted.

SECTION 19--AMENDED AND ADOPTED

Rep. OWENS proposed the following Amendment No. 50 (Doc Name h:\legwork\house\amend\h-wm\001\etv broadband.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 19, EDUCATIONAL TELEVISION COMMISSION, page 402, after line 15, by adding an appropriately numbered paragraph to read:
/(ETV: Broadband License) The Educational Television Commission is directed to make all necessary filings with the Federal Communications Commission as soon as practicable to indicate an intention to retain licenses currently operated by the Educational Television Commission and an intention to form a public/private partnership to complete the necessary transition from an analog to digital system. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 19, as amended, was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21--AMENDED AND ADOPTED

Rep. EDGE proposed the following Amendment No. 163 (Doc Name h:\legwork\house\amend\h-wm\001\hhs dntl svs 2.5m.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 410, paragraph 21.36, line 13, by striking /Dental Services State match/ and inserting /Carry Forward Funds-Health Initiatives/
Amend the bill further, as and if amended, page 410, paragraph 21.36, line 14, by striking /$4,000,000/ and inserting /$2,489,207/
Amend the bill further, as and if amended, page 410, paragraph 21.36, line 15, by inserting:
/       Of the funds carried forward by the department the following funds shall be disbursed for the purposes stated:

Medical University of South Carolina

Rural Dentist Program,   $500,000;

Department of Mental Health

Charleston/Dorchester

Mental Health Center   $400,000;

Department of Health and

Environmental Control

Hemophilia           $100,000;

Department of Social Services

SC Coalition for Domestic

Violence and Abuse   $175,000; and

Department of Social Services

Safe Homes Rape Crisis   25,000.

The Department of Health and Human Services is directed to transfer $310,793 into the State General Fund from the funds carried forward from the prior fiscal year. These funds shall offset the reduction in general fund revenue associated with the sales tax exemption contained herein.

For the current fiscal year, there is exempt from the sales tax imposed pursuant to Chapter 36 of Title 12 of the 1976 Code, Medicine for Chronic Kidney Disease related anemia administered in a physician's office. This exemption does not apply to medicine used in dialysis. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. EDGE proposed the following Amendment No. 108 (Doc Name h:\legwork\house\amend\h-wm\006\pediatricliteracy.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 411, after line 2, by adding an appropriately numbered paragraph to read:
/(DHHS: Pediatric Literacy Program) The Department shall coordinate with any pediatric, non-profit early literacy program, upon request of such program, to identify program participants who are also enrolled as Medicaid providers and, to the extent possible based on data available to the department, work with the program to determine potential geographic areas for program expansion./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. EDGE explained the amendment.
The amendment was then adopted.

Rep. GOVAN proposed the following Amendment No. 109 (Doc Name h:\legwork\house\amend\h-wm\006\dhhseyewear coverage.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 411, after line 2, by adding an appropriately numbered paragraph to read:
/(DHHS: Prescription Eye Wear) The Department of Health and Human Services shall provide one pair of prescription eye glasses per year to medicaid recipients whom are over 21 years of age./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 21, as amended, was adopted.

SECTION 23

Section 23 was adopted.

SECTION 26

Section 26 was adopted.

Rep. WHIPPER moved that the House recede until 1:45 p.m., which was agreed to.

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

THE HOUSE RESUMES

At 1:45 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER R. BROWN IN CHAIR

POINT OF QUORUM

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

SPEAKER IN CHAIR

H. 4800--AMENDED AND ORDERED TO THIRD READING

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

H. 4800--THE GENERAL APPROPRIATION BILL

H. 4800 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

SECTION 29

Section 29 was adopted.

SECTION 39--AMENDED AND ADOPTED

Reps. CLEMMONS and WHITE proposed the following Amendment No. 185 (Doc Name h:\legwork\house\amend\h-wm\007\$85k 39.1.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 435, paragraph 39.1, lines 32-33, by striking
/ and notwithstanding any other provision of law, all/ and inserting /. The funds shall be directed to the Myrtle Beach Area Chamber of Commerce for promotion of Canadian American Day. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. WITHERSPOON proposed the following Amendment No. 114 (Doc Name h:\legwork\house\amend\council\nbd\12082ac08.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, paragraph 39.10, page 437, by deleting on line 34, /$850,000 to Bass Master/ and inserting /$500,00 to the Horry County Museum/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. WITHERSPOON explained the amendment.

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

Reps. BALES, MERRILL and NEILSON proposed the following Amendment No. 123 (Doc Name h:\legwork\house\amend\council\dt\ 27119bb08.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 438, after line 7, by adding an appropriately numbered paragraph to read:
/39.___. (PRT: Reduced Fees for Seniors and Disabled Citizens)
For Fiscal Year 2008-2009, a South Carolina resident who is over sixty-five years of age or disabled or legally blind may use a facility of state park, including campsite facilities, at one-half of the prescribed fee./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BALES explained the amendment.

Rep. WHITE moved to table the amendment.

The House refused to table the amendment by a division vote of 30 to 46.

The question then recurred to the adoption of the amendment.

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

Yeas 77; Nays 19

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Ballentine
Battle                 Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Cato                   Clemmons
Coleman                Crawford               Dantzler
Delleney               Duncan                 Edge
Erickson               Funderburk             Gullick
Hagood                 Haley                  Harrison
Hart                   Harvin                 Haskins
Hayes                  Herbkersman            Hodges
Hosey                  Howard                 Huggins
Hutson                 Jefferson              Kelly
Kennedy                Knight                 Littlejohn
Loftis                 Lowe                   Lucas
Mack                   Mahaffey               McLeod
Merrill                Miller                 Mitchell
Moss                   Mulvaney               J. M. Neal
Neilson                Pinson                 Rice
Scarborough            Scott                  Sellers
Simrill                D. C. Smith            F. N. Smith
G. M. Smith            Spires                 Stavrinakis
Talley                 Thompson               Toole
Umphlett               Walker                 Whipper
Williams               Young

Total--77

Those who voted in the negative are:

Bannister              Bedingfield            Chalk
Cooper                 Cotty                  Davenport
Gambrell               Hardwick               Harrell
Hiott                  Kirsh                  Leach
M. A. Pitts            Shoopman               Skelton
G. R. Smith            J. R. Smith            Taylor
White

Total--19

So, the amendment was adopted.

RECORD FOR VOTING

We voted "nay" on Amendment No. 123 because it did not include our disabled policemen, disabled firemen, or the mentally disabled citizens of our State.

Reps. Phillip Shoopman and Eric Bedingfield

RECORD FOR VOTING

I was temporarily out of the Chamber working on a constituent issue with DHEC when the vote was taken on Amendment No. 123, concerning seniors and disabled citizens. Had I been present, I would have voted in favor of Amendment No. 123.

Rep. Thad Viers

Reps. BALES, MERRILL and NEILSON proposed the following Amendment No. 124 (Doc Name h:\legwork\house\amend\council\dt\ 27120bb08.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 438, after line 7, by adding an appropriately numbered paragraph to read:
/39.____. (PRT: Reduced fees for disabled veterans)
For Fiscal Year 2008-2009, a South Carolina resident who is a permanently and totally disabled veteran may enter a state park without charge and may use camping facilities without charge./
Renumber sections to conform./
Amend totals and titles to conform.

Rep. BALES explained the amendment.
The question then recurred to the adoption of the amendment.

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

Yeas 109; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Cato                   Chalk
Clemmons               Clyburn                Coleman
Cooper                 Cotty                  Crawford
Dantzler               Davenport              Delleney
Duncan                 Edge                   Erickson
Funderburk             Gambrell               Govan
Gullick                Hagood                 Haley
Hardwick               Harrell                Harrison
Hart                   Harvin                 Haskins
Hayes                  Herbkersman            Hiott
Hodges                 Hosey                  Howard
Huggins                Hutson                 Jefferson
Kelly                  Kennedy                Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mack                   Mahaffey
McLeod                 Merrill                Miller
Mitchell               Moss                   Mulvaney
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Scott                  Sellers
Shoopman               Simrill                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Talley                 Taylor
Thompson               Toole                  Umphlett
Walker                 Whipper                White
Whitmire               Williams               Witherspoon
Young

Total--109

Those who voted in the negative are:

Total--0

So, the amendment was adopted.

RECORD FOR VOTING

I was temporarily out of the Chamber working on a constituent issue with DHEC when the vote was taken on Amendment No. 124, concerning disabled veterans. Had I been present, I would have voted in favor of Amendment No. 124.

Rep. Thad Viers

Rep. LOFTIS proposed the following Amendment No. 166 (Doc Name h:\legwork\house\amend\h-wm\003\bass clemson.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 437, paragraph 10, line 34, by striking /$850,000/ and inserting /$350,000/ and inserting after /Bass Master,/ the following: /$500,000 to the Clemson Strom Thurmond Institute for Agri-Tourism and Small Business Economic Development Project,/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LOFTIS explained the amendment.

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

Rep. SCOTT proposed the following Amendment No. 187 (Doc Name h:\legwork\house\amend\h-wm\003\bass scott.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 437, paragraph 10, line 34, by striking /$850,000 to Bass Master,/ and inserting the following: /$850,000 to implement the provisions of Section 16-8-340 pertaining to the community safety anti-gang matching grants program,/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

Rep. WHITE moved to table the amendment.

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

Yeas 71; Nays 27

Those who voted in the affirmative are:

Agnew                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Brady
Cato                   Clemmons               Cooper
Cotty                  Crawford               Dantzler
Davenport              Delleney               Duncan
Edge                   Erickson               Gambrell
Hagood                 Haley                  Hardwick
Harrell                Harvin                 Haskins
Herbkersman            Hiott                  Huggins
Hutson                 Kelly                  Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Lowe                   Lucas
Mahaffey               McLeod                 Merrill
Moss                   Mulvaney               Neilson
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Scarborough            Shoopman               Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Spires
Stavrinakis            Talley                 Taylor
Thompson               Toole                  Umphlett
Viers                  Walker                 White
Whitmire               Young

Total--71

Those who voted in the negative are:

Anderson               Anthony                Bales
Bowers                 Brantley               Breeland
G. Brown               R. Brown               Clyburn
Cobb-Hunter            Funderburk             Govan
Gullick                Hart                   Hodges
Hosey                  Howard                 Jefferson
Kennedy                Miller                 Ott
Parks                  Scott                  Sellers
F. N. Smith            Whipper                Williams

Total--27

So, the amendment was tabled.

Reps. COOPER and WHITE proposed the following Amendment No. 174 (Doc Name h:\legwork\house\amend\h-wm\007\revised 39.10.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 437, paragraph 39.10, line 34, by striking /$850,000 to Bass Master/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. MILLER proposed the following Amendment No. 190 (Doc Name h:\legwork\house\amend\council\nbd\12090bb08.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 438, line 7, by adding an appropriately numbered paragraph to read:
/For fiscal year 2008-2009, $10,000 is allocated to the Town of McClellanville, to be divided evenly between the Village Museum and the Arts Council to promote cultural awareness among citizens./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER explained the amendment.

Rep. WHITE moved to table the amendment.

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

Yeas 66; Nays 37

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Clemmons
Cooper                 Cotty                  Crawford
Dantzler               Davenport              Delleney
Duncan                 Edge                   Erickson
Gambrell               Gullick                Hagood
Haley                  Hardwick               Harrell
Haskins                Herbkersman            Hiott
Huggins                Hutson                 Kelly
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mahaffey               Merrill
Moss                   Mulvaney               Owens
Perry                  E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scarborough
Shoopman               Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Spires                 Talley
Taylor                 Thompson               Toole
Umphlett               Walker                 White
Whitmire               Witherspoon            Young

Total--66

Those who voted in the negative are:

Agnew                  Anderson               Anthony
Bales                  Battle                 Bowers
Branham                Brantley               Breeland
G. Brown               R. Brown               Cobb-Hunter
Coleman                Funderburk             Govan
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Howard
Jefferson              Kennedy                Knight
Mack                   McLeod                 Miller
J. M. Neal             Neilson                Ott
Parks                  Scott                  Sellers
F. N. Smith            Stavrinakis            Whipper
Williams

Total--37

So, the amendment was tabled.

Section 39, as amended, was adopted.

SECTION 40--AMENDED AND ADOPTED

Rep. WHITE proposed the following Amendment No. 175 (Doc Name h:\legwork\house\amend\h-wm\001\40.39 rural infrastructure 1m v2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 40, DEPARTMENT OF COMMERCE, page 443, paragraph 40.39, lines 12-13, by striking /made available for the routing, planning, and construction of the extension of rail service to the I-95 Mega Site in the northeastern central area of Clarendon County, South Carolina./ and inserting /transferred to the Budget and Control Board for the SC Rural Infrastructure Authority Grants and Loan Program./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. WHITE explained the amendment.

Rep. HARVIN moved to table the amendment, which was not agreed to.

The question then recurred to the adoption of the amendment.

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

Yeas 70; Nays 30

Those who voted in the affirmative are:

Agnew                  Bales                  Bannister
Barfield               Bedingfield            Bingham
Bowen                  Bowers                 Brady
Cato                   Clemmons               Coleman
Cooper                 Cotty                  Crawford
Dantzler               Davenport              Delleney
Duncan                 Edge                   Erickson
Gambrell               Gullick                Hagood
Hardwick               Harrell                Hart
Haskins                Herbkersman            Hiott
Hutson                 Kelly                  Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Lowe                   Lucas
Mahaffey               Merrill                Moss
Mulvaney               J. M. Neal             Neilson
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Scarborough            Shoopman               Simrill
Skelton                D. C. Smith            F. N. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stavrinakis            Talley                 Thompson
Toole                  Umphlett               Walker
White                  Whitmire               Witherspoon
Young

Total--70

Those who voted in the negative are:

Anderson               Anthony                Battle
Branham                Brantley               Breeland
R. Brown               Clyburn                Cobb-Hunter
Funderburk             Govan                  Haley
Harvin                 Hodges                 Hosey
Jefferson              Kennedy                Loftis
Mack                   Miller                 J. H. Neal
Ott                    Parks                  Scott
Sellers                G. M. Smith            Spires
Taylor                 Whipper                Williams

Total--30

So, the amendment was adopted.

Reps. COBB-HUNTER and HALEY proposed the following Amendment No. 113 (Doc Name h:\legwork\house\amend\h-wm\007\$200k for scec from commerce.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 40, DEPARTMENT OF COMMERCE, page 443, after line 19, by adding an appropriately numbered paragraph to read:
/From the funds appropriated, authorized, and/or carried forward by the Department of Commerce, $200,000 shall be transferred to the Commission on Higher Education, for the SC Community Enterprise Center.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.
Rep. TAYLOR spoke in favor of the amendment.
The amendment was then adopted.

Reps. EDGE, JENNINGS, BARFIELD, WITHERSPOON, VIERS, HAYES, BRANHAM, CRAWFORD, CLEMMONS, NEILSON, KENNEDY, WILLIAMS, HARVIN, LUCAS, LOWE, BATTLE, MILLER and HARDWICK proposed the following Amendment No. 188 (Doc Name h:\legwork\house\amend\h-wm\009\commerce - eastern strategic alliance.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 40, DEPARTMENT OF COMMERCE, page 443, after line 19, by adding an appropriately numbered paragraph to read:
/Of the funds authorized for the Coordinating Council for Economic Development, $200,000 shall be made available to the North Eastern Strategic Alliance for the purpose of site selection infrastructure study and Property acquisition for a regional airport for the North Eastern portion of the State of South Carolina. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. EDGE explained the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. BARFIELD spoke in favor of the amendment.
Rep. BRANHAM spoke in favor of the amendment.
Rep. TAYLOR spoke against the amendment.

Rep. TAYLOR moved to table the amendment.

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

Yeas 63; Nays 36

Those who voted in the affirmative are:

Agnew                  Allen                  Ballentine
Bannister              Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Erickson
Funderburk             Gambrell               Gullick
Harrell                Harrison               Haskins
Hiott                  Huggins                Hutson
Kelly                  Kirsh                  Knight
Leach                  Limehouse              Mahaffey
McLeod                 Merrill                Moss
Mulvaney               J. M. Neal             Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Scarborough
Shoopman               Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Spires                 Stavrinakis
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
White                  Whitmire               Young

Total--63

Those who voted in the negative are:

Anderson               Anthony                Bales
Barfield               Battle                 Branham
Brantley               Breeland               G. Brown
R. Brown               Clemmons               Clyburn
Crawford               Edge                   Hardwick
Hart                   Hayes                  Hosey
Howard                 Jefferson              Jennings
Kennedy                Littlejohn             Lowe
Lucas                  Mack                   Miller
J. H. Neal             Neilson                Ott
Parks                  Rutherford             Sellers
Viers                  Williams               Witherspoon

Total--36

So, the amendment was tabled.

Section 40, as amended, was adopted.

SECTION 44--ADOPTED

Reps. E. H. PITTS, CRAWFORD, MERRILL, BEDINGFIELD, YOUNG, DAVENPORT, SCARBOROUGH, LEACH, M.A. PITTS, SHOOPMAN, DUNCAN, BINGHAM, BALLENTINE and LOWE proposed the following Amendment No. 157 (Doc Name h:\legwork\house\amend\h-wm\003\aba.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 44, JUDICIAL DEPARTMENT, page 445, after line 28, by adding an appropriately numbered paragraph to read:
/(JUD: ABA Report) During the current fiscal year, the department may only spend up to 50% of its state appropriated funds for information technology until such time as the report and recommendations of the lawyer discipline system consultation program of the American Bar Association's standing committee on professional discipline for South Carolina is published publicly in its entirety. This limitation on spending does not apply to federally mandated funds for information technology./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. E. H. PITTS explained the amendment.

POINT OF ORDER

Rep. STAVRINAKIS raised the Point of Order that Amendment No. 157 was out of order in that it attempted to allow the General Assembly to place limitations on funding of a contract from a previous year's Appropriation Bill.
SPEAKER HARRELL stated that the House Rules clearly allowed the Bill to affect appropriations from a prior year that had not yet been spent by the agency. He therefore overruled the Point of Order.

POINT OF ORDER

Rep. COLEMAN raised the Point of Order that Amendment No. 157 was out of order in that it was not germane to the Bill. He argued that while the Bill dealt with the funding of information technology, the Amendment related to the funding of disciplinary matters.
SPEAKER HARRELL cited a similar Point of Order raised on March 9, 1994, which Speaker Sheheen had sustained. He stated that Amendment No. 157 was germane to the Bill since it restricted funding and he overruled the Point of Order.

Rep. JENNINGS spoke against the amendment.
Rep. HART spoke against the amendment.

Rep. HART moved to table the amendment.

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

Yeas 79; Nays 28

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Bannister
Barfield               Battle                 Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Funderburk             Gambrell               Gullick
Hagood                 Hardwick               Harrell
Hart                   Harvin                 Hayes
Herbkersman            Hiott                  Hodges
Hosey                  Jefferson              Jennings
Kelly                  Kennedy                Knight
Limehouse              Littlejohn             Lucas
Mahaffey               McLeod                 Miller
Moss                   J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Perry                  Pinson                 Rutherford
Sandifer               Scott                  Sellers
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Stewart                Talley
Taylor                 Umphlett               Viers
White                  Whitmire               Williams
Witherspoon

Total--79

Those who voted in the negative are:

Ballentine             Bedingfield            Chalk
Crawford               Duncan                 Edge
Erickson               Haley                  Hamilton
Haskins                Huggins                Hutson
Kirsh                  Leach                  Lowe
Merrill                Mulvaney               Owens
E. H. Pitts            M. A. Pitts            Rice
Scarborough            Shoopman               Simrill
G. R. Smith            Thompson               Toole
Young

Total--28

So, the amendment was tabled.

Section 44 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 46

Section 46 was adopted.

SECTION 51

Section 51 was adopted.

SECTION 65--AMENDED AND ADOPTED

Rep. LIMEHOUSE proposed the following Amendment No. 182 (Doc Name h:\legwork\house\amend\h-wm\010\1b, 100k, building code, wind and structural research lab.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 65, DEPARTMENT OF LABOR, LICENSING AND REGULATION, page 472, after line 32, by adding an appropriately numbered paragraph to read:
/(LLR: Wind and Structural Engineering Research Lab) The Department of Labor, Licensing and Regulation is directed to utilize $100,000 of the funds appropriated to the department to contract with Clemson University's Department of Civil Engineering and Engineering Mechanics and the Citadel in conjunction with the Home Builders Association of South Carolina, to establish a research project to determine the validity of wind and seismic residential building requirements for South Carolina, as prescribed in the 2006 International Residential Code (IRC). A preliminary report on the findings must be submitted to the SC Building Council by June 30, 2009. To ensure the maximum benefit of this study the current SC Residential Building Code will remain in place until June 30, 2009./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 65, as amended, was adopted.

SECTION 66--AMENDED AND ADOPTED

Rep. DUNCAN proposed the following Amendment No. 162 (Doc Name h:\legwork\house\amend\council\swb\5472cm08.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 66, DEPARTMENT OF MOTOR VEHICLES, page 475, after line 9, by adding an appropriately numbered paragraph to read:
/ 66.18 (DMV: Silver Star and Bronze Star Special License Plates) The Department of Motor Vehicles may issue:   1(a) 'Silver Star' special license plates to owners of private passenger carrying motor vehicles registered in their names who have been awarded the Silver Star. The fee for this special license plate is the regular motor vehicle license fee contained in Article 5, Chapter 3 of Title 56. The license plates issued pursuant to this subparagraph must contain the words 'combat veteran' and an illustration of the Silver Star. The application for this special license plate must include proof that the applicant is a recipient of the Silver Star;

(b)     the production and issuance of this special license plate are exempt from the provisions contained in Section 56-3-8100; and

2(a)   'Bronze Star' special license plates to owners of private passenger carrying motor vehicles registered in their names who have been awarded the Bronze Star. The fee for this special license plate is the regular motor vehicle license fee contained in Article 5, Chapter 3 of Title 56. The license plates issued pursuant to this subparagraph must contain the words 'combat veteran' and an illustration of the Bronze Star. The application for this special license plate must include proof that the applicant is a recipient of the Bronze Star;

(b)   the production and issuance of this special license plate are exempt from the provisions contained in Section 56-3-8100./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. DUNCAN explained the amendment.
Rep. LUCAS spoke against the amendment.

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

Rep. RUTHERFORD proposed the following Amendment No. 160 (Doc Name h:\legwork\house\amend\h-wm\001\dmvdlreinstate ment.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 66, DEPARTMENT OF MOTOR VEHICLES, page 475, after line 8, by adding an appropriately numbered paragraph to read:
/(DMV: Driver's License Reinstatement) The Department of Motor Vehicles may not charge a person who applies for reinstatement of his driver's license more than one hundred dollars per application for reinstatement. The Department of Motor Vehicles shall remit $110,550 to the General Fund of the State. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RUTHERFORD explained the amendment.
Rep. LUCAS spoke against the amendment.
Rep. RUTHERFORD spoke in favor of the amendment.
The amendment was then adopted.

Section 66, as amended, was adopted.

SECTION 68A

Section 68A was adopted.

SECTION 70

Section 70 was adopted.

SECTION 72

Section 72 was adopted.

SECTION 76--AMENDED AND ADOPTED

Rep. WHITE proposed the following Amendment No. 82 (Doc Name h:\legwork\house\amend\h-wm\007\revised treasurer proviso 76.7.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 76, STATE TREASURER'S OFFICE, page 490, paragraph 76.7, line 8, after / investment management/ by inserting /and support operations/
Amend the bill further, as and if amended, page 490, paragraph 76.7, by striking lines 9-10, and by inserting / retain and expend the fees to provide these services. The fees assessed may not exceed the lesser of (a) 0.02 percent of the funds managed or (b) the actual cost of the provision of these services. Fees assessed shall not exceed or the earnings on these investments. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 76, as amended, was adopted.

SECTION 80A--AMENDED AND ADOPTED

Reps. HAGOOD and G. R. SMITH proposed the following Amendment No. 22 (Doc Name h:\legwork\house\amend\h-wm\007\ash last sentence .doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 497, paragraph 80A.9, lines 4 - 5 by striking:/Salary increases recommended by the Agency Head Salary Commission to the Budget and Control Board on December 11, 2007 shall be implement on July 1, 2008. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HAGOOD explained the amendment.
The amendment was then adopted.

Rep. TAYLOR proposed the following Amendment No. 51 (Doc Name h:\legwork\house\amend\h-wm\009\commerce - public railway exemption.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 506, paragraph 80A.55, line 13 /after Authority,/ by inserting:
/ the Department of Commerce's Division of Public Railways,/
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. SCOTT and HART proposed the following Amendment No. 137 (Doc Name h:\legwork\house\amend\h-wm\003\comp grant gang.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 507, after line 10, by adding an appropriately numbered paragraph to read:
/(bcb: prevention grants) the department may submit project funding recommendations to the competitive grants committee that pertain to implementing the provisions of Act 82 of 2007./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. BINGHAM proposed the following Amendment No. 189 (Doc Name h:\legwork\house\amend\h-wm\001\80a.55 sale of surplus property-st farmers mrkt.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 506, paragraph 80A.55, after line 14, by inserting:
/       Prior to finalization of the sale of the Columbia State Farmers Market, and prior to the transfer of the property from the Department of Agriculture to the buyer, the Budget and Control Board shall hire an independent appraiser to determine the current fair market value for this property and shall ensure that the buyer of the property compensates the Department of Agriculture an amount equal to or greater than this new appraised value. /
Renumber sections to conform.
Amend totals and titles to conform.

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

AMENDMENT NO. 137--RECONSIDERED AND TABLED

Rep. SCOTT moved to reconsider the vote whereby Amendment No. 137 was adopted, which was agreed to.

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

Reps. SCOTT and HART proposed the following Amendment No. 146 (Doc Name h:\legwork\house\amend\h-wm\003\comp grant gang2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 507, after line 10, by adding an appropriately numbered paragraph to read:
/(bcb: community safety anti-gang grants and matching grants) the attorney general may make recommendations for community safety anti-gang grants and matching grants programs on behalf of the programs relevant to the provisions of Act 82 of 2007./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. SIMRILL, G. R. SMITH and THOMPSON proposed the following Amendment No. 186 (Doc Name h:\legwork\house\amend\h-wm\007\1401 sen. st.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 507, after line 10, by adding an appropriately numbered paragraph to read:
/the Budget and Control Board is directed to sell the property located at 1401 Senate Street. the proceeds of the sale shall be deposited into the general fund of the State. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SIMRILL explained the amendment.

Rep. WHITE moved to table the amendment.

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

Yeas 67; Nays 44

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Barfield
Battle                 Bingham                Brantley
Breeland               R. Brown               Clemmons
Clyburn                Cobb-Hunter            Coleman
Cooper                 Cotty                  Davenport
Funderburk             Gambrell               Govan
Hardwick               Harrell                Harrison
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Howard
Hutson                 Jefferson              Jennings
Kelly                  Kennedy                Knight
Limehouse              Littlejohn             Lucas
Mack                   Mahaffey               McLeod
Merrill                Miller                 Mitchell
Moss                   J. H. Neal             Ott
Parks                  Perry                  Pinson
E. H. Pitts            Rutherford             Scarborough
Scott                  Skelton                F. N. Smith
J. R. Smith            Spires                 Stavrinakis
Taylor                 Umphlett               Whipper
White                  Williams               Witherspoon
Young

Total--67

Those who voted in the negative are:

Ballentine             Bedingfield            Bowen
Bowers                 Brady                  G. Brown
Cato                   Chalk                  Crawford
Dantzler               Delleney               Duncan
Edge                   Erickson               Gullick
Hagood                 Haley                  Hamilton
Haskins                Herbkersman            Hiott
Huggins                Kirsh                  Leach
Lowe                   Mulvaney               J. M. Neal
Neilson                Owens                  M. A. Pitts
Rice                   Sandifer               Shoopman
Simrill                D. C. Smith            G. M. Smith
G. R. Smith            W. D. Smith            Stewart
Talley                 Thompson               Toole
Viers                  Whitmire

Total--44

So, the amendment was tabled.

Rep. WHITE proposed the following Amendment No. 193 (Doc Name h:\legwork\house\amend\h-wm\001\bcb authority for rural infrastr .doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 507, after line 10, by adding an appropriately numbered paragraph to read:
/(BCB: SC Rural Infrastructure Authority) The Executive Director of the Budget and Control Board is authorized to allocate grants and loans through the S.C. Rural Infrastructure Authority Grants and Loan Program./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 80A, as amended, was adopted.

SECTION 80C

Section 80C was adopted.

SECTION 89--AMENDED AND ADOPTED

Rep. W. D. SMITH proposed the following Amendment No. 111 (Doc Name h:\legwork\house\amend\council\ms\7561ahb08.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 538, paragraph 89.106 (GP: Destruction of Criminal Records), lines 26 through 31, by striking in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. W. D. SMITH explained the amendment.
Rep. KIRSH spoke against the amendment.

POINT OF ORDER

Rep. HART raised the Point of Order that Amendment No. 111 was out of order in that it was not germane to the Bill as it was not related with the appropriation of funds.
SPEAKER HARRELL stated that the Amendment was germane to the Bill. He stated that the Amendment struck a section of the Appropriation Bill in its entirety. He further stated that if he were to sustain the Point of Order and rule the Amendment non-germane then any future Amendments to Appropriation Bills that struck a section in the Bill would be automatically be out of order. He therefore overruled the Point of Order.

Rep. W. D. SMITH spoke in favor of the amendment.
Rep. RUTHERFORD spoke against the amendment.
Rep. OTT spoke upon the amendment.

Rep. RUTHERFORD moved to table the amendment.

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

Yeas 20; Nays 87

Those who voted in the affirmative are:

Allen                  Bales                  G. Brown
Funderburk             Hamilton               Harrell
Hart                   Harvin                 Hodges
Jefferson              Kennedy                Kirsh
Knight                 Littlejohn             Rutherford
Scott                  F. N. Smith            G. R. Smith
Stavrinakis            Stewart

Total--20

Those who voted in the negative are:

Agnew                  Alexander              Anderson
Anthony                Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
Breeland               Cato                   Chalk
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Cotty
Crawford               Dantzler               Davenport
Delleney               Duncan                 Edge
Erickson               Gambrell               Govan
Gullick                Hagood                 Haley
Hardwick               Harrison               Haskins
Hayes                  Hiott                  Hosey
Huggins                Hutson                 Jennings
Kelly                  Limehouse              Lowe
Lucas                  Mack                   Mahaffey
McLeod                 Merrill                Miller
Moss                   Mulvaney               J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Shoopman
Simrill                Skelton                D. C. Smith
G. M. Smith            J. R. Smith            W. D. Smith
Spires                 Talley                 Taylor
Thompson               Toole                  Umphlett
Viers                  White                  Whitmire
Williams               Witherspoon            Young

Total--87

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Reps. G. M. SMITH, BEDINGFIELD and G. R. SMITH proposed the following Amendment No. 128 (Doc Name h:\legwork\house\ amend\council\nbd\12083ac08.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, by deleting paragraph 89.107, in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. G. M. SMITH explained the amendment.
Rep. LUCAS spoke against the amendment.

Rep. COTTY moved to table the amendment.

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

Yeas 75; Nays 31

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Battle
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
Breeland               G. Brown               R. Brown
Cato                   Chalk                  Clyburn
Coleman                Cooper                 Cotty
Davenport              Delleney               Erickson
Funderburk             Gambrell               Govan
Hardwick               Harrell                Harrison
Hart                   Harvin                 Haskins
Hayes                  Hiott                  Hodges
Hosey                  Howard                 Huggins
Jennings               Kelly                  Kirsh
Limehouse              Littlejohn             Lucas
Mack                   Mahaffey               McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 Sandifer
Scarborough            Scott                  Sellers
Skelton                D. C. Smith            J. R. Smith
Spires                 Stavrinakis            Stewart
Taylor                 Toole                  White
Whitmire               Williams               Witherspoon

Total--75

Those who voted in the negative are:

Ballentine             Bannister              Bedingfield
Clemmons               Crawford               Dantzler
Duncan                 Edge                   Gullick
Hagood                 Haley                  Hamilton
Herbkersman            Hutson                 Jefferson
Knight                 Lowe                   Merrill
Mulvaney               E. H. Pitts            M. A. Pitts
Rice                   Shoopman               Simrill
G. M. Smith            G. R. Smith            Talley
Thompson               Umphlett               Viers
Young

Total--31

So, the amendment was tabled.

Rep. MERRILL proposed the following Amendment No. 117 (Doc Name h:\legwork\house\amend\h-wm\001\89 accommodations tax retention.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 539, after line 10, by adding an appropriately numbered paragraph to read:
/ (GP: Retention of Accommodations Taxes) Notwithstanding Section 12-36-2630 of the 1976 Code or any other provision of law, all accommodations taxes imposed by Section 12-36-920(A) and collected in a particular county shall be credited to the political subdivisions of that county in accordance with Chapter 4, Title 6 less the authorized deductions of the Department of Revenue's actual cost of administration and the authorized expenses of the Tourism Expenditure Review Committee established pursuant to Section 6-4-35. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. MERRILL explained the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 71; Nays 39

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Ballentine
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Branham
Brantley               G. Brown               R. Brown
Cato                   Clyburn                Coleman
Cooper                 Cotty                  Crawford
Funderburk             Gambrell               Govan
Haley                  Harrison               Hart
Harvin                 Haskins                Hiott
Hosey                  Howard                 Huggins
Hutson                 Jennings               Kelly
Knight                 Littlejohn             Lowe
Mack                   Mahaffey               Mitchell
Mulvaney               J. H. Neal             J. M. Neal
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Rutherford
Sandifer               Scott                  Sellers
Skelton                D. C. Smith            F. N. Smith
J. R. Smith            W. D. Smith            Spires
Stewart                Talley                 Taylor
Thompson               Toole                  White
Whitmire               Young

Total--71

Those who voted in the negative are:

Bales                  Bannister              Barfield
Bowers                 Breeland               Chalk
Clemmons               Dantzler               Davenport
Delleney               Duncan                 Edge
Erickson               Gullick                Hagood
Hamilton               Hardwick               Harrell
Hayes                  Herbkersman            Hodges
Jefferson              Kirsh                  Limehouse
Lucas                  Merrill                Miller
Moss                   Neilson                Scarborough
Simrill                G. M. Smith            G. R. Smith
Stavrinakis            Umphlett               Viers
Whipper                Williams               Witherspoon

Total--39

So, the amendment was tabled.

RECORD FOR VOTING

Due to technical difficulties, I inadvertently voted to table Amendment No. 117. Please record my wish to vote against tabling the Amendment.

Rep. Robert Brown

Reps. YOUNG, M. A. PITTS, CRAWFORD, LIMEHOUSE, SCARBOROUGH, SHOOPMAN, CATO, BANNISTER, SIMRILL, KIRSH, MERRILL, THOMPSON, G. M. SMITH, VIERS, HARRISON, BINGHAM, TOOLE, ERICKSON, TAYLOR AND DUNCAN proposed the following Amendment No. 136 (Doc Name h:\legwork\house\amend\h-wm\007\personnel admin. exemp.doc), which was adopted:
Amend the bill, as and if amended, /Part IB, Section 89, GENERAL PROVISIONS, page 539, after line 10, by adding an appropriately numbered paragraph to read:
/(GP: Personnel Administration Exemption) Employees of the Offices of the Lieutenant Governor, Secretary of State, State Treasurer, Attorney General, Comptroller General, Superintendent of Education, Adjutant General, and the Commissioner of Agriculture shall be exempt from the provisions of Article 5, Chapter 17, Title 8 of the 1976 Code of Laws, as amended, if those employees report directly to a constitutional officer or report directly to a person who reports directly to a constitutional officer. Additionally, management employees of the Department of Alcohol and Other Drug Abuse Services, the Department of Commerce, the Department of Corrections, the Department of Health and Human Services, the Department of Insurance, the Department of Juvenile Justice, the Department of Labor, Licensing and Regulation, the Department of Parks, Recreation and Tourism, the Department of Probation, Parole and Pardon Services, the Department of Revenue, the Department of Social Services, the State Law Enforcement Division, the Department of Motor Vehicles, and the Department of Public Safety shall be exempt from the provisions of Article 5, Chapter 17, Title 8 of the 1976 Code of Laws, as amended, if those employees report directly to the agency head or report directly to a person who reports directly to the agency head.
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. BINGHAM proposed the following Amendment No. 153 (Doc Name h:\legwork\house\amend\council\agm\19148mm08.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 539, after line 10, by adding an appropriately numbered paragraph to read:
/ 89 (GP: Governor's Budget) The annual Executive Budget proposed by the Governor must be certified by the Director of the State Budget Division of the State Budget and Control Board or his designee in the same manner as the House Ways and Means and Senate Finance Committee versions of the budget bill are certified. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. SCOTT, HART and FUNDERBURK proposed the following Amendment No. 170 (DocName h:\legwork\house\amend\council\ agm\19151mm08.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 539, after line 10, by adding an appropriately numbered paragraph to read:
/ 89 (SR: Housing Security) the State Housing Finance and Development Authority board is specifically authorized to and shall use the monies in the South Carolina Housing Trust Fund to make loans or grants, provide matching funds, or otherwise assist in financing the establishment and implementation of security requirements at eligible multifamily housing projects in recognized high crime areas and in which the units are owned or rented by the very low and lower income individuals and households. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 68; Nays 37

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Cato
Clemmons               Cooper                 Cotty
Crawford               Dantzler               Davenport
Delleney               Duncan                 Edge
Erickson               Gambrell               Gullick
Hagood                 Haley                  Hardwick
Harrell                Harrison               Haskins
Herbkersman            Hiott                  Huggins
Hutson                 Kelly                  Kirsh
Leach                  Limehouse              Littlejohn
Lowe                   Lucas                  Mahaffey
Moss                   Mulvaney               Neilson
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Shoopman
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Spires                 Stewart                Talley
Thompson               Toole                  Umphlett
Viers                  White                  Whitmire
Witherspoon            Young

Total--68

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Bowers                 Branham                Brantley
Breeland               G. Brown               R. Brown
Coleman                Funderburk             Govan
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Howard
Jefferson              Jennings               Knight
Mack                   McLeod                 Miller
J. H. Neal             J. M. Neal             Ott
Parks                  Rutherford             Scott
Sellers                F. N. Smith            Stavrinakis
Williams

Total--37

So, the amendment was tabled.

Rep. RUTHERFORD proposed the following Amendment No. 197 (Doc Name h:\legwork\house\amend\council\gjk\20594htc08.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 539, by adding a new paragraph, after line 10, to read:
/89.____.   (GP: Tillman Plaque Change)   A committee of nine members is established to recommend to the State Budget and Control Board a new plaque to be placed on the statue of Benjamin Ryan Tillman on the State House grounds in place of the existing one. Three members shall be appointed by the Speaker of the House of Representatives, three members appointed by the President Pro Tempore of the Senate, and three members must be appointed by the Governor. The Governor shall call the first meeting of the committee at which it shall then elect a chairman, vice chairman, and such other officers as it considers appropriate. The committee shall make its recommendation to the State Budget and Control Board by January 1, 2009, which through its General Services Division shall implement the recommendation by April 15, 2009, unless the board by majority vote disapproves the recommendation. In this case, another recommendation shall be made by the committee before the end of fiscal year 2008-2009 for implementation by the board under the same procedures.     /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RUTHERFORD explained the amendment.

Rep. WHITE moved to table the amendment.

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

Yeas 63; Nays 47

Those who voted in the affirmative are:

Bannister              Bedingfield            Bingham
Bowen                  Brady                  Cato
Clemmons               Cooper                 Cotty
Crawford               Dantzler               Davenport
Delleney               Duncan                 Edge
Erickson               Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Harrison               Herbkersman
Hiott                  Huggins                Hutson
Kelly                  Kirsh                  Leach
Limehouse              Littlejohn             Lowe
Lucas                  Mahaffey               Merrill
Moss                   Mulvaney               Owens
Perry                  Pinson                 M. A. Pitts
Rice                   Sandifer               Scarborough
Shoopman               Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               White
Whitmire               Witherspoon            Young

Total--63

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Battle                 Bowers
Branham                Brantley               Breeland
G. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Funderburk
Govan                  Hagood                 Hart
Harvin                 Hayes                  Hodges
Hosey                  Howard                 Jefferson
Jennings               Knight                 Mack
McLeod                 Miller                 Mitchell
J. H. Neal             Neilson                Ott
Parks                  E. H. Pitts            Rutherford
Scott                  Sellers                F. N. Smith
Spires                 Stavrinakis            Viers
Whipper                Williams

Total--47

So, the amendment was tabled.

Rep. VIERS proposed the following Amendment No. 116 (Doc Name h:\legwork\house\amend\council\dt\27118ac08.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 539, immediately after line 10, by adding an appropriately numbered paragraph to read:
/89._(GP: No Funds For School Boards Association Dues)___   Notwithstanding any other provision of law, no public funds, including state, local, or federal funds may be used to pay a school district's dues for the South Carolina School Boards Association. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. VIERS explained the amendment.

POINT OF ORDER

Rep. COBB-HUNTER raised the Point of Order that Amendment No. 116 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that the Amendment was germane and he overruled the Point of Order.
Rep. VIERS continued speaking.

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

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

Yeas 70; Nays 39

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Cato                   Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Funderburk
Gambrell               Govan                  Gullick
Hamilton               Hart                   Harvin
Hayes                  Hiott                  Hodges
Hosey                  Howard                 Jefferson
Jennings               Kelly                  Kirsh
Knight                 Leach                  Littlejohn
Lucas                  Mack                   Mahaffey
McLeod                 Miller                 Mitchell
Moss                   J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Perry                  Pinson                 Rutherford
Sandifer               Scott                  Sellers
Skelton                D. C. Smith            F. N. Smith
G. R. Smith            J. R. Smith            Stavrinakis
Taylor                 Whipper                Whitmire
Williams

Total--70

Those who voted in the negative are:

Ballentine             Bannister              Barfield
Bedingfield            Chalk                  Clemmons
Crawford               Davenport              Delleney
Edge                   Erickson               Hagood
Haley                  Harrell                Haskins
Huggins                Hutson                 Limehouse
Lowe                   Merrill                Mulvaney
Owens                  E. H. Pitts            M. A. Pitts
Rice                   Scarborough            Shoopman
Simrill                G. M. Smith            W. D. Smith
Spires                 Stewart                Talley
Thompson               Toole                  Umphlett
Viers                  White                  Young

Total--39

So, the amendment was tabled.

Section 89, as amended, was adopted.

SECTION 90--AMENDED AND ADOPTED

Rep. EDGE proposed the following Amendment No. 83 (Doc Name h:\legwork\house\amend\h-wm\011\tobacco settlement.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 541, paragraph 90.5, line 10, by striking /$10,500,000/ and inserting /$10,000,000/
Amend the bill further, as and if amended, page 541, paragraph 90.5, lines 12-14, by striking:/and $500,000 shall be transferred to the Department of Health and Environmental Control for the Diabetes Management Project. The funds designated for this purpose shall be utilized to enhance the capability of office based medical practices to treat patients suffering from Type II Diabetes in the Lowcountry and Pee Dee areas of the State./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. SCOTT, HART and FUNDERBURK proposed the following Amendment No. 191 (Doc Name h:\legwork\house\amend\h-wm\011\loris scott.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 556, paragraph 90.12, line 21, by striking /Loris Hospital $1,000,000/ and inserting /$1,000,000 to implement the provisions of Section 16-8-340 pertaining to the community safety anti-gang matching grants program/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT explained the amendment.
Rep. HART spoke in favor of the amendment.

Rep. EDGE moved to table the amendment.

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

Yeas 72; Nays 29

Those who voted in the affirmative are:

Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Clemmons               Cooper                 Cotty
Crawford               Dantzler               Davenport
Delleney               Duncan                 Edge
Erickson               Gambrell               Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Hayes                  Herbkersman
Hiott                  Hutson                 Kelly
Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Lowe
Lucas                  Mahaffey               Merrill
Miller                 Moss                   Mulvaney
Owens                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Shoopman               Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Spires
Stavrinakis            Talley                 Taylor
Thompson               Toole                  Umphlett
Viers                  Whipper                White
Whitmire               Witherspoon            Young

Total--72

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Ballentine
Bowers                 Brantley               Coleman
Funderburk             Govan                  Hart
Harvin                 Hodges                 Hosey
Howard                 Huggins                Jefferson
Jennings               McLeod                 J. M. Neal
Neilson                Ott                    Parks
Rutherford             Scott                  Sellers
F. N. Smith            Williams

Total--29

So, the amendment was tabled.

Reps. DAVENPORT and RICE proposed the following Amendment No. 198 (Doc Name h:\legwork\house\amend\h-wm\011\mental health america.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 557, paragraph 90.12, line 3, by striking /Mental Health America/ and inserting /P.A.C.E. Center of Mental Health America/Piedmont & Carolina Counseling/
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. CLYBURN, DAVENPORT, EDGE and RICE proposed the following Amendment No. 115 (Doc Name h:\legwork\house\amend\h-wm\011\vr funding changes.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 557, paragraph 90.12, line 13, by striking:/ 3) Florence VR Center Parking Lot $200,000;/
Amend the bill further, as and if amended, page 557, paragraph 90.12, line 14, Opposite /Oconee VR Center Parking Lot/ by striking /$150,000/ and inserting /$100,000/
Amend the bill further, as and if amended, page 557, paragraph 90.12, after line 14, by adding an appropriately numbered item to read:/Transportation Services $250,000;/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. LITTLEJOHN proposed the following Amendment No. 105 (Doc Name h:\legwork\house\amend\h-wm\001\90.13 ctr for ethical leadership.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 558, paragraph 90.13, under /(3) Commission on Higher Education/ after line 20, by inserting an appropriately numbered subitem to read:
/Center for Ethical Leadership 250,000 /
Amend the bill further, as and if amended, page 558, paragraph 90.13, lines 23-24, by striking:
/(5)   H18-Francis Marion University

Master of Science and

Education Feasibility Study   50,000; /
Amend the bill further, as and if amended, page 558, paragraph 90.13, lines 27-34, by striking:
/(7)   H34-University of South Carolina-Upstate

Master of Education and Special

Education - Visual Impairment   100,000;
(8)   H36-University of South Carolina-Beaufort

Bluffton Campus - Technology   25,000;
(9)   H37-University of South Carolina-   Lancaster

Technology           25,000;
(10)   H47-Winthrop University

Science Center   50,000; /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LITTLEJOHN explained the amendment.
Rep. SIMRILL spoke against the amendment.
Rep. SIMRILL moved to table the amendment.

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

Yeas 72; Nays 34

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Bales                  Ballentine             Bingham
Bowen                  Brady                  Branham
Brantley               R. Brown               Chalk
Clemmons               Cobb-Hunter            Coleman
Cotty                  Crawford               Dantzler
Davenport              Delleney               Duncan
Edge                   Erickson               Gambrell
Gullick                Hagood                 Haley
Hamilton               Hart                   Haskins
Hayes                  Herbkersman            Hodges
Hosey                  Huggins                Jennings
Kennedy                Kirsh                  Knight
Leach                  Lowe                   Lucas
Mack                   McLeod                 Merrill
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Scott
Sellers                Shoopman               Simrill
D. C. Smith            G. R. Smith            Spires
Stavrinakis            Taylor                 Thompson
Umphlett               Viers                  Whipper
Whitmire               Williams               Young

Total--72

Those who voted in the negative are:

Anderson               Anthony                Bannister
Barfield               Battle                 Bedingfield
G. Brown               Cato                   Clyburn
Cooper                 Funderburk             Hardwick
Harrell                Harvin                 Hiott
Hutson                 Jefferson              Kelly
Limehouse              Littlejohn             Mahaffey
Miller                 Mitchell               Owens
Rice                   Sandifer               Scarborough
Skelton                G. M. Smith            W. D. Smith
Talley                 Toole                  White
Witherspoon

Total--34

So, the amendment was tabled.

Rep. LITTLEJOHN proposed the following Amendment No. 173 (Doc Name h:\legwork\house\amend\h-wm\001\90.13 ctr ethical ldrshp 100k.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 558, paragraph 90.13, under /(3) Commission on Higher Education/ after line 20, by inserting an appropriately numbered subitem to read:
/Center for Ethical Leadership 100,000 /
Amend the bill further, as and if amended, page 558, paragraph 90.13, lines 27-28, by striking:
/(7)   H34-University of South Carolina-Upstate

Master of Education and Special

Education - Visual Impairment   100,000; /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LITTLEJOHN explained the amendment.

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

Rep. LIMEHOUSE proposed the following Amendment No. 112 (Doc Name h:\legwork\house\amend\h-wm\001\90.13 fmu mstr science in nursing.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 558, paragraph 90.13, line 24, under item /(5) H-18-Francis Marion University/,
by striking / Master of Science and Education Feasibility Study /
and inserting / Master of Science in Nursing Feasibility Study /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. COOPER proposed the following Amendment No. 203 (Doc Name h:\legwork\house\amend\h-wm\001\90.13 eb 5.9m.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 557, paragraph 90.13, line 28, by striking /$54,400,000/ & inserting /$60,386,280/
Amend the bill further, as and if amended, page 557, paragraph 90.13, line 33, after /Property/ by inserting: / (3) the Budget and Control Board shall transfer the $5,986,280 excess balance from F30, B&C-Employee Benefits; /
Amend the bill further, as and if amended, page 557, paragraph 90.13, line 33, by striking / (3) / and inserting / (4) /
Amend the bill further, as and if amended, page 559, paragraph 90.13, line 35, by inserting appropriately numbered items to read:
/( )   F30-Budget & Control Board,

Employee   Benefits

Retired National Guard Pensions   103,913;
( )   B04-Judicial Department

Operating Expenses   770,231;
( )   H03-Commission on Higher Education

Operating Expenses   373,901;
( )   H63-Department of Education

EIA Teacher Salaries   944,000;
( )   H15-University of Charleston

Operating Expenses   25,000;
( )   H59-State Board for Technical and

Comprehensive Education

Allied Health Initiative   744,235;
( )   H24-South Carolina State University

Deferred Maintenance   1,000,000;
( )   H17-Coastal Carolina University

Operating Expenses   500,000;
( )   P20-Clemson University-PSA

Operating Expenses   500,000;
( )   H37-University of South Carolina-

Lancaster Campus

Operating Expenses   500,000
( )   H59-State Board For Technical and

Comprehensive Education

Orangeburg-Calhoun

Technical College   200,000;
( )   H36-University of South Carolina-

Beaufort Campus

(A)   Operating Expenses   25,000;

(B)   Penn Center   25,000;
( )   H87-State Library

Edleman Library   25,000;
( )   H36-University of South Carolina-

Salkehatchie Campus

Leadership Center   150,000; and
( )   P16-Department of Agriculture

South Carolina Renewable

Infrastructure Development

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

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

Section 90, as amended, was adopted.

STATEMENT BY REP. COOPER

Rep. COOPER gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.

MOTION ADOPTED

Rep. COOPER moved to table all pending motions to reconsider, which was agreed to.

The question then recurred to the passage of the Bill, as amended, on second reading.

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

Yeas 113; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               Breeland
G. Brown               R. Brown               Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Crawford               Dantzler
Davenport              Delleney               Duncan
Edge                   Erickson               Funderburk
Gambrell               Govan                  Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Harvin                 Haskins
Hayes                  Herbkersman            Hiott
Hodges                 Hosey                  Huggins
Hutson                 Jefferson              Jennings
Kelly                  Kennedy                Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Lowe                   Lucas
Mack                   Mahaffey               McLeod
Merrill                Miller                 Mitchell
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Rutherford             Sandifer
Scarborough            Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            F. N. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Talley
Taylor                 Thompson               Toole
Umphlett               Viers                  Whipper
White                  Whitmire               Williams
Witherspoon            Young

Total--113

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

PROXY VOTE--H. 4800

Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH in favor of H. 4800.

RECORD FOR VOTING

I was temporarily out of the Chamber on state business during the vote on H. 4800. Had I been present, I would have voted in favor of H. 4800, the General Appropriation Bill.

Rep. Bob Walker

H. 4800 - THE GENERAL APPROPRIATION BILL

STATEMENTS FOR HOUSE JOURNAL

ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 26, 47, 49, 52, 54, 58, 59, 60, 61, 64, 66, 67, 68A, 71, 80, 81, and 82

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. Paul Agnew

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 47, 49, 52, 53, 54, 58, 59, 60, 61, 64, 65, 66, 67, 68A, 71, 80, 81, and 82

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. Karl B. Allen

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21, 22, 47, 49, 52, 54, 56, 58, 59, 60, 61, 62, 64, 66, 65, 67, 68A, 71, 80, 81, and 82

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. Bruce Bannister

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 54, 56, 58, 59, 60, 61, 62, 65, 67, 68A, 71, and 81

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. Harry F. Cato

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 47, 49, 52, 54, 58, 59, 60, 61, 64, 66, 67, 68A, 71, 80, 81, and 82

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. Alan Clemmons

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Sections 9, 22, 25, 26, and 53

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. Gilda Cobb-Hunter

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 47, 49, 52, 54, 58, 59, 60, 61, 64, 66, 67, 68A, 71, 80, 81, and 82

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. Creighton Coleman

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 47, 49, 52, 54, 58, 59, 60, 61, 64, 66, 67, 68A, 71, 80, 81, and 82

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. Bill Cotty

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 47, 49, 52, 54, 58, 59, 60, 61, 64, 66, 67, 68A, 71, 80, 81, and 82

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. F. Greg Delleney

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Section 67

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. Laurie Slade Funderburk

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Section 34

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. Michael Gambrell

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 71, 45, 22, 54, 65, 37, 69, 68A, and 82

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the General Appropriation Bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. Ben Hagood

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 44, 62, 71, and 81

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. James Harrison

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 47, 49, 52, 54, 58, 59, 60, 61, 64, 66, 67, 68A, 71, 80, 81, and 82

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. Christopher R. Hart

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 47, 49, 52, 54, 58, 59, 60, 61, 64, 66, 67, 68A, 71, 80, 81, and 82

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. Douglas Jennings, Jr.

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 47, 49, 52, 54, 58, 59, 60, 61, 64, 66, 67, 68A, 71, 80, 81, and 82

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. R. Keith Kelly

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 47, 49, 52, 54, 58, 59, 60, 61, 64, 66, 67, 68A, 71, 80, 81, and 82

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. Jay Lucas

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Sections 17 and 22

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. David J. Mack III

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Section 1

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. Denny W. Neilson

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 47, 49, 52, 54, 58, 59, 60, 61, 64, 66, 67, 68A, 71, 80, 81, and 82

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. Todd Rutherford

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section 80C, Part IB, Sections 80A, 80C, and 90, and Amendment Nos. 123 and 203

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. Bill Sandifer

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section 47.11

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. B. R. Skelton

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Sections 40 and/or Amendment No. 41

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. Phillip Shoopman

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 47, 49, 52, 54, 58, 59, 60, 61, 64, 66, 67, 68A, 71, 80, 81, and 82

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. F. N. Smith

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21.3, 22, 26, 44, 47, 52, 53, 54, 56, 58, 60, 61, 62, 65, 66, 67, 68, 71, 80, 81, and 83

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. G. Murrrell Smith, Jr.

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 40, 44, 52, 76, 81, 66, 68A, 71, 80, 82, and 64

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. W. Doug Smith

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 47, 49, 52, 54, 58, 59, 60, 61, 64, 66, 67, 68A, 71, 80, 81, and 82

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. Leon Stavrinakis

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 47, 49, 52, 54, 58, 59, 60, 61, 64, 66, 67, 68A, 71, 80, 81, and 82

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. Scott Talley

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section 85.1

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. C. David Umphlett, Jr.

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 47, 49, 52, 54, 58, 59, 60, 61, 64, 66, 67, 68A, 71, 80, 81, and 82

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the General Appropriation Bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. J. David Weeks

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Section 58

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. J. Seth Whipper

**************************************

H. 4801--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 4801 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2007-2008.
Rep. W. D. SMITH proposed the following Amendment No. 1 (Doc Name h:\legwork\house\amend\h-wm\001\ctr for ethical leadership.doc), which was adopted:
Amend the joint resolution, as and if amended, page 3, item (31) Commission on Higher Education, lines 6-7, by striking: /Spartanburg Center for Ethical Leadership/ and by inserting: /The Center for Ethical Leadership/
Amend further, as and if amended, page 3, after line 7, by adding an appropriately numbered paragraph to read:
/ ( ) The $1,250,000 appropriated to the Commission on Higher Education for The Center for Ethical Leadership must be matched from a private source in order for the center to receive the funds. The funds appropriated shall only be utilized for construction and development and may not be used for programmatic purposes. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. MULVANEY proposed the following Amendment No. 2 (Doc Name h:\legwork\house\amend\h-wm\001\crf ctr ethical ldrshp deal closing fund.doc), which was tabled:
Amend the joint resolution, as and if amended, page 1, line 31, opposite /Deal Closing Fund/ by striking: / 7,000,000 / and inserting: / 8,250,000 /
Amended further, as and if amended, page 3, lines 7-9, by striking:
/ (31) Commission on Higher Education

Spartanburg Center for

Ethical Leadership 1,250,000 /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MULVANEY explained the amendment.

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

The question then recurred to the passage of the Joint Resolution, as amended, on second reading.

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

Yeas 110; Nays 3

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               Breeland               G. Brown
R. Brown               Cato                   Chalk
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Cotty
Crawford               Dantzler               Davenport
Delleney               Duncan                 Edge
Erickson               Funderburk             Gambrell
Govan                  Gullick                Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Harvin                 Haskins                Hayes
Herbkersman            Hiott                  Hodges
Hosey                  Howard                 Hutson
Jefferson              Jennings               Kelly
Kennedy                Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Lowe                   Lucas                  Mack
Mahaffey               McLeod                 Merrill
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Rutherford
Sandifer               Scarborough            Scott
Sellers                Shoopman               Simrill
Skelton                D. C. Smith            F. N. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Talley
Taylor                 Thompson               Toole
Umphlett               Viers                  Whipper
White                  Whitmire               Williams
Witherspoon            Young

Total--110

Those who voted in the negative are:

Ballentine             Huggins                Mulvaney

Total--3

So, the Joint Resolution, as amended, was read the second time and ordered to third reading.

PROXY VOTE--H. 4801

Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. SMITH in favor of H. 4801.

RECORD FOR VOTING

I was temporarily out of the Chamber on state business during the vote on H. 4801. Had I been present, I would have voted in favor of H. 4801, the Capitol Reserve Fund Bill.

Rep. Bob Walker

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4839 (Word version) -- Reps. Pinson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Huggins, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. MARGARET WALLACE BAILEY TINSLEY OF GREENWOOD COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

H. 4841 (Word version) -- Reps. Huggins, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Erickson, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hiott, Hodges, Hosey, Howard, Hutson, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MARY KATE BELL BREARLEY GLASSER OF RICHLAND COUNTY AS AN EXTRAORDINARY MOTHER OF FOUR CHILDREN, AND TO CONGRATULATE HER UPON THE OCCASION OF BEING NAMED SOUTH CAROLINA'S 2008 MOTHER OF THE YEAR.

ADJOURNMENT

At 7:01 p.m. the House, in accordance with the motion of Rep. HUGGINS, adjourned in memory of M. L. "Mel" Burton, Jr., of Columbia, to meet at 10:00 a.m. tomorrow.

***

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