South Carolina General Assembly
114th Session, 2001-2002
Journal of the House of Representatives

Tuesday, March 13, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. BARRETT as follows:

Almighty God, the Giver of all blessings, help us today and all our days to live in faithfulness to Your law and under the guidance of Your Word. Help us to make no promises we cannot keep, to be patient under provocation, composed under criticism, to be respectful to others, gentle to the weak, helpful to the fallen, compassionate to the sad, courteous to all. Help us to store Your truths in our minds and thus be strong under stress and calm in crisis. And to you, Lord God, we render our praise and thanksgiving, both now and always. 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. RIVERS moved that when the House adjourns, it adjourn in memory of Miriam Malphrus of Jasper County, which was agreed to.

CONCURRENT RESOLUTION

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

H. 3699 (Word version) -- Reps. Jennings and Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH A NATIONALLY-SPONSORED NASCAR RACING EVENT HELD IN THIS STATE IN 2001.

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

That by this resolution, the members of the General Assembly request the Department of Public Safety to waive the motor vehicle titling, licensing, and registration requirements of Title 56 of the Code of Laws of South Carolina, 1976, on cars provided by an automobile manufacturer for promotional purposes in connection with a nationally-sponsored NASCAR Race held in this State in 2001.

Be it further resolved that this waiver must extend to no more than thirty-five cars by a single manufacturer for a period not to exceed twenty-one days and that this waiver does not extend to the financial responsibility or insurance coverage requirements for operating a motor vehicle on the public roads of this State.

Be it further resolved that the Department of Public Safety shall prescribe an appropriate means of identification in lieu of the licensing and registration requirements otherwise applicable.

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

HOUSE RESOLUTION

The following was introduced:

H. 3700 (Word version) -- Rep. Coates: A HOUSE RESOLUTION TO CONGRATULATE AND COMMEND THE STUDENT TEAM FROM THE INTERNATIONAL BACCALAUREATE PROGRAM OF WILSON HIGH SCHOOL IN FLORENCE FOR WINNING TOP HONORS IN THE SOUTH CAROLINA BAR'S ANNUAL "WE THE PEOPLE...THE CITIZEN AND THE CONSTITUTION" STATE COMPETITION AND TO WISH THEM A SUCCESSFUL TRIP TO WASHINGTON, D. C. IN APRIL WHEN THEY REPRESENT SOUTH CAROLINA IN THE NATIONAL COMPETITION.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 423 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY OUTSTANDING SPEECH THERAPISTS AND SPEECH-LANGUAGE PATHOLOGISTS WHO WORK DAILY WITH SOUTH CAROLINA'S CITIZENS AND STUDENTS, TO RECOGNIZE THE SOUTH CAROLINA SPEECH HEARING AND LANGUAGE ASSOCIATION WHICH SERVES AS AN ADVOCATE FOR PERSONS WITH COMMUNICATION AND HEARING DISORDERS AND THOSE PROFESSIONALS WHO PROVIDE THEM SERVICES, AND TO DECLARE WEDNESDAY, MARCH 14, 2001, AS SPEECH AND HEARING DAY IN SOUTH CAROLINA IN THEIR HONOR.

Whereas, South Carolina is blessed with many exceptional persons who are speech therapists or speech-language pathologists; and

Whereas, speech therapists and speech-language pathologists are professionals who are trained to teach students to improve their communication skills which are vitally important to academic success, particularly in light of the fact that the South Carolina Reading/English/Language Arts Curriculum standards include listening and speaking standards at every grade level; and

Whereas, school-based speech-language pathologists are specially trained to work with students to overcome listening and speaking difficulties and to help those students meet the language arts standards; and

Whereas, the South Carolina Speech Hearing and Language Association serves as an advocate for persons with communication and hearing disorders and those professionals who provide them services. This association also serves as a resource for its members and the community by providing information on current trends, therapeutic interventions, and technologies in the fields of speech-language pathology and audiology; and

Whereas, in order to recognize these speech therapists, speech-language pathologists, and the association for all they do for South Carolina's citizens and children, the General Assembly believes that it would be a fitting tribute to designate a particular day in their honor so that their contributions can be acknowledged on a statewide basis. Now, therefore,

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

That the members of the South Carolina General Assembly, by this resolution, hereby recognize the many outstanding speech therapists and speech-language pathologists who work daily with South Carolina's citizens and students, recognize the South Carolina Speech Hearing and Language Association which serves as an advocate for persons with communication and hearing disorders and those professionals who provide them services, and declare Wednesday, March 14, 2001, as Speech and Hearing Day in South Carolina in their honor.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Speech Hearing and Language Association.

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. 436 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR AUSTIN NEWMAN OF COLUMBIA, A SIXTH GRADE STUDENT AT CRAYTON MIDDLE SCHOOL, UPON BEING NAMED TOP MIDDLE SCHOOL STUDENT VOLUNTEER FOR SOUTH CAROLINA IN THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS PROGRAM AND RECOGNIZE HIS OUTSTANDING RECORD OF VOLUNTEER SERVICE, PEER LEADERSHIP, AND COMMUNITY SPIRIT.

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

INTRODUCTION OF BILL

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

H. 3701 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDITS UNDER THE STATE RETIREMENT SYSTEM, SO AS TO REVISE THE MANNER IN WHICH THE REQUIRED PAYMENT IS DETERMINED.
Referred to Committee on Ways and Means

ROLL CALL

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

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, J.              Brown, R.
Campsen                Carnell                Cato
Chellis                Clyburn                Coates
Coleman                Cooper                 Cotty
Dantzler               Delleney               Easterday
Edge                   Emory                  Fleming
Freeman                Frye                   Gilham
Gourdine               Govan                  Harrell
Harrison               Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Knotts
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Lourie                 Lucas                  Mack
Martin                 McCraw                 McGee
McLeod                 Meacham-Richardson     Merrill
Miller                 Moody-Lawrence         Neal, J.M.
Owens                  Parks                  Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Rivers
Robinson               Rodgers                Sandifer
Scarborough            Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Snow                   Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Trotter
Webb                   Weeks                  Whatley
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 13.

Doug Smith                        Robert Walker
John Scott                        Harry Ott
Lewis Vaughn                      Grady Brown
Dwight Loftis                     Glenn Hamilton
Chip Huggins                      Larry Koon
Gilda Cobb-Hunter                 Jackson Whipper
Gloria Haskins                    Daniel Tripp
Todd Rutherford                   Leon Howard
Ralph Davenport                  James Klauber
Joseph Neal                      Harry Askins
Alexander Harvin
Total Present--123

DOCTOR OF THE DAY

Announcement was made that Dr. Gerald Harmon of Pawleys Island is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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

CO-SPONSOR ADDED

Bill Number:     H. 3010 (Word version)
Date:     ADD:
03/13/01     RODGERS

CO-SPONSOR REMOVED

Bill Number:     H. 3643 (Word version)
Date:     REMOVE:
03/13/01     CHELLIS

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

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

H. 3687--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of amendments, Section 9.

H. 3687--THE GENERAL APPROPRIATION BILL
SECTION 9--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate on the Section, which was agreed to.

SECTION 10--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the Section, which was agreed to.

SECTION 11

Section 11 was adopted.

SECTION 12

Section 12 was adopted.

SECTION 13--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the Section, which was agreed to.

SECTION 14

Section 14 was adopted.

SECTION 18--AMENDED AND ADOPTED

Rep. HOSEY proposed the following Amendment No. 58 (Doc Name h-wm\008\hoseyart.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 18, ARTS COMMISSION, page 167, immediately after line 28, by inserting a new line to read:

Column 5             Column 6
Barnwell County
Arts Commission
Operating Funds         50,000                     50,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HOSEY explained the amendment.

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

Reps. HARRELL, ROBINSON, KELLEY, WILKINS, RODGERS, QUINN, COATES, W.D. SMITH and COBB-HUNTER proposed the following Amendment No. 7 (Doc Name h-wm\006\18basered2.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 18, ARTS COMMISSION, page 168, line 23, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

700,000         700,000
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 18, as amended, was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23A--AMENDED AND ADOPTED

Reps. HARRELL, ROBINSON, WILKINS, CLYBURN, COBB-HUNTER, GOVAN, BREELAND and J. HINES proposed the following Amendment No. 9 (Doc Name h-wm\006\5scstate1.3.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 23A, SC STATE UNIVERSITY-PSA, page 186, line 10, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

1,300,000     1,300,000
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 23A, as amended, was adopted.

SECTION 24--ADOPTED

Rep. MCLEOD proposed the following Amendment No. 154 (Doc Name h-wm\004\24 mccloud nps.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 24, DEPT. OF NATURAL RESOURCES, page 195, line 23, opposite /aid to conservation districts/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

621,000         621,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MCLEOD explained the amendment.

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

Section 24 was adopted.

SECTION 27--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the Section, which was agreed to.

SECTION 30--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 84 (Doc Name h-wm\005\jud1fte.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 30, JUDICIAL DEPARTMENT, page 218, line 34, by decreasing Columns 5 and 6 by:

Column 5     Column 6
Personal Service
Unclassified Positions

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

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

Reps. SCOTT and HARVIN proposed the following Amendment No. 88 (Doc Name h-wm\005\jud 1.5m drug court.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 30, JUDICIAL DEPARTMENT, page 218, line 37, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

1,500,000     1,500,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

Rep. ROBINSON spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.

Rep. ROBINSON moved to table the amendment.

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

Yeas 66; Nays 44

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Coates
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Edge
Frye                   Gilham                 Hamilton
Harrell                Harrison               Hinson
Huggins                Keegan                 Kelley
Kirsh                  Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Martin
McCraw                 McGee                  Meacham-Richardson
Merrill                Owens                  Perry
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scarborough            Simrill
Sinclair               Smith, D.C.            Smith, J.R.
Smith, W.D.            Stuart                 Talley
Taylor                 Thompson               Townsend
Trotter                Vaughn                 Walker
Webb                   Whatley                White
Wilkins                Witherspoon            Young, A.

Total--66

Those who voted in the negative are:

Allen                  Bales                  Battle
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Clyburn
Coleman                Emory                  Fleming
Freeman                Gourdine               Govan
Harvin                 Hayes                  Hines, J.
Hines, M.              Hosey                  Jennings
Kennedy                Lee                    Lloyd
Lourie                 Mack                   McLeod
Miller                 Moody-Lawrence         Neal, J.M.
Ott                    Parks                  Rhoad
Rivers                 Rutherford             Scott
Sheheen                Smith, F.N.            Smith, G.M.
Smith, J.E.            Snow                   Weeks
Whipper                Young, J.

Total--44

So, the amendment was tabled.

Rep. HOSEY proposed the following Amendment No. 65 (Doc Name h-wm\005\allendalect500.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 30, JUDICIAL DEPARTMENT, page 219, immediately after line 27, by inserting a new line to read:

Column 5     Column 6
Allendale County Courthouse         500,000         500,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HOSEY explained the amendment.

Rep. ROBINSON moved to table the amendment.

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

Yeas 66; Nays 39

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Carnell                Cato                   Chellis
Coates                 Cooper                 Cotty
Dantzler               Delleney               Edge
Fleming                Hamilton               Harrell
Harrison               Haskins                Hinson
Huggins                Keegan                 Kelley
Kirsh                  Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Martin                 McCraw                 McGee
Meacham-Richardson     Merrill                Neal, J.M.
Perry                  Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scarborough
Sharpe                 Sheheen                Simrill
Smith, D.C.            Smith, J.R.            Stuart
Talley                 Taylor                 Thompson
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
White                  Wilkins                Young, A.

Total--66

Those who voted in the negative are:

Allen                  Bales                  Battle
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Clyburn
Cobb-Hunter            Coleman                Emory
Freeman                Gourdine               Govan
Harvin                 Hayes                  Hines, J.
Hines, M.              Hosey                  Jennings
Kennedy                Lee                    Lloyd
Lourie                 Mack                   McLeod
Moody-Lawrence         Ott                    Parks
Rivers                 Rutherford             Scott
Smith, G.M.            Smith, J.E.            Snow
Weeks                  Whipper                Young, J.

Total--39

So, the amendment was tabled.

Section 30, as amended, was adopted.

SECTION 31

Section 31 was adopted.

SECTION 33--AMENDED AND ADOPTED

Reps. HARRELL, ROBINSON, WILKINS and COBB-HUNTER proposed the following Amendment No. 8 (Doc Name h-wm\006\33base4n.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 33, PROSECUTION COORDINATION COMMISSION, page 223, line 32, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

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

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

Section 33, as amended, was adopted.

SECTION 34

Section 34 was adopted.

SECTION 35

Section 35 was adopted.

SECTION 36--ADOPTED

Rep. SCOTT proposed the following Amendment No. 160 (Doc Name h-wm\009\dps-stp.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 229, line 27, opposite /classified positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

1,600,000     1,600,000

(25.00)                 (25.00)
Amend the bill further, as and if amended, page 231, line 26, opposite /classified positions/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

1,600,000     1,600,000

(25.00)                 (25.00)
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

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

Rep. SCOTT proposed the following Amendment No. 164 (Doc Name h-wm\009\dps-stp.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 229, line 27, opposite /classified positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

1,600,000     1,600,000

(25.00)                 (25.00)
Amend the bill further, as and if amended, page 231, line 26, opposite /classified positions/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

1,600,000     1,600,000

(25.00)                 (25.00)
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

Rep. WHATLEY moved to table the amendment.

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

Yeas 78; Nays 19

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Battle
Bingham                Campsen                Carnell
Chellis                Clyburn                Coleman
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Edge
Fleming                Freeman                Frye
Gilham                 Hamilton               Harrell
Harrison               Harvin                 Hayes
Hinson                 Huggins                Keegan
Kelley                 Kennedy                Kirsh
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 McCraw                 McGee
Meacham-Richardson     Merrill                Miller
Ott                    Perry                  Phillips
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scarborough
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, J.R.
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

Total--78

Those who voted in the negative are:

Brown, J.              Brown, R.              Govan
Hines, M.              Hosey                  Howard
Lee                    Lloyd                  Lourie
Mack                   McLeod                 Owens
Parks                  Rhoad                  Rutherford
Scott                  Smith, J.E.            Snow
Whipper

Total--19

So, the amendment was tabled.

Section 36 was adopted.

SECTION 37

Section 37 was adopted.

SECTION 39--ADOPTED

Rep. HOSEY proposed the following Amendment No. 64 (Doc Name h-wm\005\djjallen.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 39, DEPT. OF JUVENILE JUSTICE, page 262, immediately after line 4, by inserting a new line to read:

Column 5     Column 6
Allendale County - DJJ
80,000             80,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HOSEY explained the amendment.

Rep. ROBINSON moved to table the amendment.

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

Yeas 69; Nays 29

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Chellis                Coleman                Cooper
Cotty                  Dantzler               Delleney
Easterday              Edge                   Fleming
Freeman                Frye                   Gilham
Hamilton               Harrell                Harrison
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 McCraw
McGee                  Meacham-Richardson     Merrill
Owens                  Perry                  Phillips
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scarborough            Sheheen                Simrill
Smith, D.C.            Smith, G.M.            Smith, J.R.
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

Total--69

Those who voted in the negative are:

Allen                  Bowers                 Breeland
Brown, J.              Brown, R.              Carnell
Clyburn                Cobb-Hunter            Emory
Govan                  Harvin                 Hayes
Hines, M.              Hosey                  Howard
Kennedy                Lee                    Lloyd
Lourie                 Mack                   McLeod
Miller                 Ott                    Parks
Rhoad                  Rivers                 Scott
Smith, J.E.            Weeks

Total--29

So, the amendment was tabled.

Section 39 was adopted.

SECTION 40

Section 40 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 53--ADOPTED

Rep. DAVENPORT proposed the following Amendment No. 149 (Doc Name h-wm\009\dot-sal.doc), which was tabled:
Part IA, Section 53, DEPARTMENT OF TRANSPORTATION, page 291, line 04, opposite /Executive Director/ by decreasing the amount(s) in Columns 5 by:

Column 5     Column 6

1,250
Amend the bill further, as and if amended, page 291, line 10, opposite /Other Personal Service/ by decreasing the amount(s) in Columns 5 by:

Column 5     Column 6

1,250
Amend the bill further, as and if amended, page 292, line 22, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 5 by:

Column 5     Column 6

2,500
Renumber sections to conform.
Amend totals and titles to conform.

Rep. A. YOUNG explained the amendment.

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

Section 53 was adopted.

SECTION 53B

Section 53B was adopted.

SECTION 54A

Section 54A was adopted.

SECTION 54B--ADOPTED

Rep. JENNINGS proposed the following Amendment No. 228 (Doc Name council\skb\amend\18280som01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 54B, LEGISLATIVE DEPARTMENT-HOUSE OF REPRESENTATIVES, page 299, line 33, opposite /Reapportionment/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

350,000         350,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SHARPE a temporary leave of absence.

Rep. J. E. SMITH continued speaking.

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

Section 54B was adopted.

SECTION 56A

Section 56A was adopted.

SECTION 56B

Section 56B was adopted.

SECTION 56C

Section 56C was adopted.

SECTION 59

Section 59 was adopted.

SECTION 63B--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the Section, which was agreed to.

SECTION 63C

Section 63C was adopted.

SECTION 63D

Section 63D was adopted.

SECTION 63E

Section 63E was adopted.

SECTION 63G--ADOPTED

Rep. SCOTT proposed the following Amendment No. 50 (Doc Name council\swb\amend\5234htc01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 63G, BUDGET AND CONTROL BOARD - Employee Benefits, page 374, line 34, opposite /Employee Pay Plan/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

3,312,000     3,312,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

Rep. KELLEY moved to table the amendment.

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

The amendment was then tabled by a division vote of 55 to 19.

Section 63G was adopted.

SECTION 69A

Section 69A was adopted.

SECTION 69B--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the Section, which was agreed to.

PART IB
SECTION 2

Section 2 was adopted.

SECTION 4

Section 4 was adopted.

SECTION 5A--AMENDED AND ADOPTED

Rep. KEEGAN proposed the following Amendment No. 29 (Doc Name council\gjk\amend\20311SD01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, page 422, paragraph 5A.14, after line 35, by adding at the end of the paragraph:
/         Public and independent higher education institutions must give first priority for need-based grants to children and young adults in the custody of the State Department of Social Services. Institutions and the Commission on Higher Education shall accept written verification from DSS that the child or young adult is in the custody of DSS, and must provide the maximum amount allowed by law for that need-based grant.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KEEGAN explained the amendment.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 29 was out of order in that it was not germane to the Bill under Rule 5.3. He stated that the substantial effect of the provision was to try to put a permanent provision of law in a temporary part of the Bill.
SPEAKER WILKINS stated that the amendment was a temporary provision of law and was a directive as to how an appropriation was to be spent and he overruled the Point of Order.

The amendment was then adopted.

Rep. KEEGAN proposed the following Amendment No. 25 (Doc Name h-wm\008\che furlough3.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 424, paragraph 26, lines 21-35, by striking the paragraph in its entirety and inserting / 5A.26. (CHE: Furlough) Notwithstanding Section 8-11-195 of the 1976 Code, or any other provision of law, in a fiscal year in which the general funds appropriated for an institution of higher education are less than the general funds appropriated for that institution in the preceding fiscal year, or whenever the General Assembly or the Budget and Control board implements a midyear across-the-board budget reduction, agency heads for institutions of higher education may institute employee furlough programs of not more than twenty working days in the fiscal year in which the deficit is projected to occur. The furlough must be inclusive of all employees regardless of source of funds, place of work, or tenure status, and must include employees in classified positions and unclassified positions as well as agency heads. Scheduling of furlough days, or portions of days, shall be at the discretion of the agency head. During this furlough, affected employees shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries. As to those benefits which require employer and employee contributions, including but not limited to contributions to the South Carolina Retirement System or the optional retirement program, the institutions of higher education will be responsible for making both employer and employee contributions during the time of the furlough; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions. Placement of an employee on furlough under this provision does not constitute a grievance or appeal under the State Employee Grievance Act. In the event an institution's reduction is due solely to the General Assembly transferring or deleting a program, this provision does not apply./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. KEEGAN proposed the following Amendment No. 30 (Doc Name h-wm\008\5agearup.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 423, lines 35-36 and page 424, lines 1-2, paragraph 20, by reinserting the proviso in its entirety:
/5A.20.     (che: gear-up) Funds appropriated for GEAR-UP shall be used for state grants programs to reach disadvantaged middle school students to improve their preparation for college. Eligible South Carolina public schools and public institutions of higher education shall cooperate with the Commission on Higher Education in the provision of services under the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) grant./
Renumber sections to conform.
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Rep. KEEGAN explained the amendment.
The amendment was then adopted.

Rep. KEEGAN proposed the following Amendment No. 31 (Doc Name council\bbm\amend\9996htc01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 425, by adding an appropriately numbered paragraph to read:
/ (CHE: Additional Carry Forward) Notwithstanding the ten percent limitation on carry forwards provided in paragraph 72.43 of this part, state-supported institutions of higher education, including technical colleges may carry forward without limit unspent general fund appropriations for fiscal year 2000-2001 into the current fiscal year. /
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Rep. KEEGAN explained the amendment.
The amendment was then adopted.

Rep. STILLE proposed the following Amendment No. 89 (Doc Name council\gjk\amend\20314SD01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 425, paragraph 5A, after line 23, by adding a new paragraph to read:
/5A.___     In allocating Palmetto Fellows Scholarship funds for fiscal year 2001-2002 between public institutions of higher learning and independent institutions of higher learning based on enrollment, the enrollment of technical colleges shall not be considered as part of the enrollment of public institutions of higher learning for this purpose./
Renumber sections to conform.
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Rep. STILLE explained the amendment.

Rep. KEEGAN spoke against the amendment.
Rep. STUART spoke in favor of the amendment.
Rep. STILLE spoke in favor of the amendment.

Rep. KEEGAN moved to table the amendment.

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

Yeas 58; Nays 50

Those who voted in the affirmative are:

Allen                  Allison                Battle
Bingham                Brown, G.              Brown, R.
Carnell                Chellis                Clyburn
Coates                 Coleman                Cooper
Cotty                  Dantzler               Emory
Fleming                Gourdine               Govan
Harrell                Harrison               Hayes
Hines, J.              Hinson                 Hosey
Keegan                 Kelley                 Koon
Law                    Lee                    Lourie
McCraw                 McGee                  Merrill
Miller                 Moody-Lawrence         Neal, J.M.
Ott                    Perry                  Phillips
Quinn                  Rhoad                  Riser
Rivers                 Robinson               Rutherford
Sandifer               Sheheen                Sinclair
Smith, D.C.            Smith, F.N.            Smith, J.E.
Smith, J.R.            Snow                   Tripp
Trotter                Webb                   Whipper
Young, A.

Total--58

Those who voted in the negative are:

Bales                  Barfield               Barrett
Bowers                 Campsen                Cato
Davenport              Delleney               Easterday
Edge                   Freeman                Frye
Gilham                 Hamilton               Harvin
Haskins                Hines, M.              Huggins
Kirsh                  Klauber                Leach
Littlejohn             Lloyd                  Loftis
Lucas                  Mack                   Martin
McLeod                 Owens                  Parks
Rice                   Rodgers                Scarborough
Scott                  Simrill                Smith, G.M.
Smith, W.D.            Stille                 Stuart
Talley                 Thompson               Townsend
Vaughn                 Walker                 Weeks
Whatley                White                  Wilder
Wilkins                Witherspoon

Total--50

So, the amendment was tabled.

Rep. BALES proposed the following Amendment No. 235 (Doc Name council\gjk\amend\20337sd01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 425, after line 23, by adding an appropriately numbered paragraph to read:
/5A.__.     Notwithstanding any other provision of law, for purposes of granting LIFE Scholarships beginning with those students who will attend or are attending technical colleges in the fall semester or quarter of 2001, the student may have graduated from high school or preparatory school, or completed a home school program_at any time if he meets all other requirements for a LIFE Scholarship._/
Renumber sections to conform.
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Rep. BALES explained the amendment.

Rep. GOVAN spoke in favor of the amendment.
Rep. HINSON spoke against the amendment.
Rep. KEEGAN spoke against the amendment.

Rep. KEEGAN moved to table the amendment.

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

Yeas 63; Nays 49

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bingham                Campsen                Carnell
Cato                   Chellis                Coates
Cooper                 Cotty                  Dantzler
Easterday              Edge                   Fleming
Frye                   Hamilton               Harrell
Harrison               Harvin                 Hinson
Huggins                Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Lucas                  Martin
McCraw                 McGee                  Meacham-Richardson
Merrill                Perry                  Quinn
Rice                   Riser                  Robinson
Sandifer               Scarborough            Sharpe
Sinclair               Smith, D.C.            Smith, J.R.
Smith, W.D.            Stille                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 White                  Wilder
Wilkins                Witherspoon            Young, A.

Total--63

Those who voted in the negative are:

Allen                  Bales                  Bowers
Breeland               Brown, G.              Brown, J.
Clyburn                Cobb-Hunter            Coleman
Davenport              Delleney               Emory
Freeman                Gilham                 Gourdine
Govan                  Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Jennings               Kennedy                Lee
Littlejohn             Lloyd                  Lourie
Mack                   Miller                 Neal, J.M.
Ott                    Owens                  Parks
Phillips               Rivers                 Rodgers
Rutherford             Sheheen                Simrill
Smith, F.N.            Smith, G.M.            Smith, J.E.
Snow                   Stuart                 Webb
Weeks                  Whatley                Whipper
Young, J.

Total--49

So, the amendment was tabled.

Section 5A, as amended, was adopted.

SECTION 5B

Section 5B was adopted.

SECTION 5C

Section 5C was adopted.

SECTION 5D

Section 5D was adopted.

SECTION 5E

Section 5E was adopted.

SECTION 5F

Section 5F was adopted.

SECTION 5G

Section 5G was adopted.

SECTION 5H

Section 5H was adopted.

SECTION 5J--AMENDED AND ADOPTED

Reps. GOVAN, SCOTT, LLOYD, J. HINES and MOODY-LAWRENCE proposed the following Amendment No. 236 (Doc Name h-wm\008\govanscst.doc), which was adopted:

Amend the bill, as and if amended, Part IB, Section 5J, SOUTH CAROLINA STATE UNIVERSITY, page 431, after line 3, by adding an appropriately numbered paragraph to read:
/(SCSU: Study Committee) There is created a study committee to assess the sustainable needs of South Carolina State University. The committee shall include, but is not limited to, the examination of past funding inadequacy, the amount of deferred maintenance needs, and the future needs of the institution and its community. The committee shall be comprised of three members appointed by the Governor, three members appointed by the Speaker of the House, and three members appointed by the Speaker Pro Tempore of the Senate. Two of the Governor's appointees shall represent the South Carolina State University community, including one member from the institution's alumni association. Of the House appointees, one member shall be from the Ways and Means Committee and one member from the Education and Public Works Committee. A report shall be provided to the General Assembly by January 2, 2002.
Renumber sections to conform.
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Rep. GOVAN explained the amendment.

Rep. COTTY moved to table the amendment, which was rejected.

The amendment was then adopted by a division vote of 52 to 30.

Section 5J, as amended, was adopted.

SECTION 5K

Section 5K was adopted.

SECTION 5L

Section 5L was adopted.

SECTION 5M

Section 5M was adopted.

SECTION 5N

Section 5N was adopted.

SECTION 6

Section 6 was adopted.

Rep. KENNEDY moved that the House recede until 2:00 p.m., which was agreed to.

Further proceedings were interrupted by the House receding, the pending question being consideration of Section 7, Part IB.

THE HOUSE RESUMES

At 2:00 p.m. the House resumed, the SPEAKER in the Chair.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the remainder of the day due to illness.

ACTING SPEAKER FLEMING IN CHAIR
POINT OF QUORUM

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

SPEAKER IN CHAIR
H. 3687--AMENDED AND INTERRUPTED DEBATE

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

H. 3687--THE GENERAL APPROPRIATION BILL
SECTION 12--AMENDED AND ADOPTED

Rep. Snow proposed the following Amendment No. 80 (Doc Name council\nbd\amend\11374ac01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 12, DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, page 459, by adding an appropriately numbered paragraph to read:
/12. ___(DAODAS: gambling addiction services) In that gambling is a serious problem in South Carolina, the department through its local county commissions may provide, from funds appropriated to the department, information, education, and referral services to persons experiencing gambling addictions./
Renumber sections to conform.
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Rep. SNOW explained the amendment.

Rep. QUINN spoke against the amendment.
Rep. SNOW spoke in favor of the amendment.

The amendment was then adopted.

Section 12, as amended, was adopted.

SECTION 13

Section 13 was adopted.

SECTION 14

Section 14 was adopted.

SECTION 15

Section 15 was adopted.

SECTION 17

Section 17 was adopted.

SECTION 18--ADOPTED

Reps. KOON, FRYE, KEEGAN and MCLEOD proposed the following Amendment No. 242 (Doc Name h-wm\008\mcleod.art.doc), which was rejected:

Amend the bill, as and if amended, Part IB, Section 18, page 466, paragraph 5, lines 28 - 29, by reinserting the paragraph to read:
/     18.5.     (ARTS: Grants Program) Of the funds appropriated for Grantmaking, $100,000 $50,000 shall be allocated to the Newberry Opera Company South Carolina Opera./
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Rep. KOON explained the amendment.

Rep. KIRSH moved to table the amendment, which was rejected.

Rep. KIRSH spoke against the amendment.
Rep. KOON spoke in favor of the amendment.

The amendment was then rejected.

Section 18 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 23A

Section 23A was adopted.

SECTION 24

Section 24 was adopted.

SECTION 25

Section 25 was adopted.

SECTION 26--AMENDED AND ADOPTED

Rep. KELLEY proposed the following Amendment No. 150 (Doc Name h-wm\003\26.8wacc.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION AND TOURISM, page 477, paragraph 8, line 19-21, by striking the paragraph in its entirety
/26.8. (PRT: Tourism and Promotion) From the funds appropriated in Program II.A for Regional Promotion Contributions , the Department must distribute seventy five thousand dollars ($75,000) to the Waccamaw Council of Governments. The department shall retain fifty thousand dollars ($50,000) for tourism related research in the Horry-Georgetown region./
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Rep. KELLEY explained the amendment.
The amendment was then adopted.

Section 26, as amended, was adopted.

SECTION 30--AMENDED AND DEBATE ADJOURNED

Rep. ROBINSON proposed the following Amendment No. 168 (Doc Name h-wm\005\30ootransfer.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 30, JUDICIAL DEPARTMENT, page 483, paragraph 17, lines 11-13, by striking /$164,250 shall be transferred to the Prosecution Coordination Commission for operating expenses of the commission; and $164,250 shall be transferred to the Office of Indigent Defense for operating expenses of the office./ and inserting /$164,250 shall be transferred to the Prosecution Coordination Commission for Judicial Circuits State Support; and $164,250 shall be transferred to the Commission on Indigent Defense for Defense of Indigents/Per Capita. /
Renumber sections to conform.
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Rep. ROBINSON explained the amendment.
The amendment was then adopted.

Rep. SCOTT moved to adjourn debate on the Section, which was agreed to.

SECTION 31

Section 31 was adopted.

SECTION 32--AMENDED AND ADOPTED

Rep. ROBINSON proposed the following Amendment No. 170 (Doc Name h-wm\005\transfer to pcc.doc), which was adopted:

Amend the bill, as and if amended, Part IB, Section 32, ATTORNEY GENERAL'S OFFICE, page 486, line 7, by adding an appropriately numbered paragraph to read:
/ Of the special revenue funds derived from Complex Criminal Litigation funds, the Attorney General's Office is directed to use $100,000 to offset the office's base reduction and transfer $400,000 to the Prosecution Coordination Commission to be used for Judicial Circuits State Support. /
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Rep. ROBINSON explained the amendment.
The amendment was then adopted.

Section 32, as amended, was adopted.

SECTION 34

Section 34 was adopted.

SECTION 35

Section 35 was adopted.

SECTION 36--AMENDED AND ADOPTED

Reps. WHITE and A. YOUNG proposed the following Amendment No. 114 (Doc Name h-wm\009\dps-scoff.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 492, paragraph 6, line 15, by inserting after restricted license:
/, those fees designated under Section 56-1-1320 to be used by the department to hire, train and equip members of the highway patrol, and those fees credited to the department under Sections, 56-1-170, 56-1-286, 56-1-390, 56-1-740, 56-1-745, 56-1-746, 56-5-750, 56-5-2951, 56-9-430, 56-10-260 and 56-10-270 to be used by the department to defray the expenses of the division of motor vehicles,/
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Rep. WHITE explained the amendment.
The amendment was then adopted.

Rep. CATO proposed the following Amendment No. 57 (Doc Name h-wm\009\dps-safzon.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 494, after line 6, by adding an appropriately numbered paragraph to read:
/(dps school zone safety week) from the funds appropriated to the department, the Department of Public Safety is directed to designate the last full week in August as South Carolina school zone safety week. The department shall work to organize and engage state law enforcement officials and schools in activities that promote safety in school zones during the above named week. The department shall provide suitable materials and other aids for use in the observance of the week. In January of each year, the department shall provide a report to the Governor, the Speaker of the House, and the President Pro Tempore of the Senate, regarding the school zone safety activities the department has helped to organize./
Renumber sections to conform.
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Rep. CATO explained the amendment.
The amendment was then adopted.

Rep. HINSON proposed the following Amendment No. 215 (Doc Name h-wm\009\dps-inmat.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 494, after line 6, by adding an appropriately numbered paragraph to read:
/(DPS INMATE RELEASE) THE DEPARTMENT OF PUBLIC SAFETY IS DIRECTED TO UTILIZE THE FUNDS APPROPRIATED TO THE DEPARTMENT TO POSITIVELY ASCERTAIN THE IDENTITY OF ANY INDIVIDUALS ARRESTED UNDER SECTION 20-7-8920 OR SECTION 20-7-8925 OF THE 1976 CODE, BEFORE THAT INDIVIDUAL IS RELEASED FROM CUSTODY./
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Rep. HINSON explained the amendment.
The amendment was then adopted.

Section 36, as amended, was adopted.

SECTION 37--DEBATE ADJOURNED

Rep. TRIPP proposed the following Amendment No. 246 (Doc Name h-wm\005\doccable 2.doc), which was tabled:

Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 496, paragraph 19, line 13, by reinserting / 37.19 (Corr: Television) The department shall not expend appropriated funds for cable-television, satellite television, or similar multi-channel television systems in any correctional institution except for use in educational or instructional programs./
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Rep. TRIPP explained the amendment.

Rep. ROBINSON spoke against the amendment.
Rep. TRIPP spoke in favor of the amendment.

Rep. ROBINSON moved to table the amendment.

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

The amendment was then tabled by a division vote of 65 to 13.

Reps. KNOTTS and WHATLEY proposed the following Amendment No. 54 (Doc Name \h-wm\005\victimdoc3727.doc), which was tabled:

Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 497, paragraph 27, line 1, by striking:/     37.27.     (CORR: Victim Assistance Wage Deductions) Notwithstanding any other provisions of law, of monies generated by inmates engaged in work at paid employment in the community, the Director of the Department of Corrections shall deduct the following from the gross wages of the prisoner:

a)     ten percent must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the "Victims of Crime Act of 1984," Public Law 98-473, Title II, Chapter XIV, Section 1404; and

b)     ten percent must be retained by the department to support services provided by the department to victims of the incarcerated population.

Such deductions shall apply only if restitution to a particular victim or victims has not been ordered by the court or if court-ordered restitution to a particular victim or victims has been satisfied. Otherwise restitution must be satisfied before any deductions for victim assistance programs are incurred./
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Rep. KNOTTS explained the amendment.

Rep. ROBINSON spoke against the amendment.

Rep. ROBINSON moved to table the amendment.

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

Yeas 67; Nays 33

Those who voted in the affirmative are:

Allison                Bales                  Barrett
Battle                 Breeland               Brown, J.
Brown, R.              Campsen                Cato
Chellis                Clyburn                Coates
Cobb-Hunter            Cooper                 Delleney
Easterday              Edge                   Emory
Fleming                Harrell                Harrison
Haskins                Hines, J.              Hinson
Hosey                  Keegan                 Kelley
Kennedy                Kirsh                  Law
Leach                  Littlejohn             Lloyd
Lucas                  Mack                   McCraw
McLeod                 Meacham-Richardson     Merrill
Owens                  Parks                  Perry
Phillips               Quinn                  Rice
Robinson               Rodgers                Sandifer
Scarborough            Scott                  Sharpe
Sinclair               Smith, D.C.            Smith, J.R.
Smith, W.D.            Stille                 Thompson
Tripp                  Trotter                Vaughn
Walker                 Webb                   Weeks
White                  Wilkins                Witherspoon
Young, A.

Total--67

Those who voted in the negative are:

Allen                  Bingham                Coleman
Dantzler               Freeman                Frye
Gourdine               Harvin                 Hayes
Huggins                Jennings               Klauber
Knotts                 Koon                   Limehouse
Loftis                 Lourie                 Martin
McGee                  Miller                 Ott
Rhoad                  Riser                  Rivers
Sheheen                Simrill                Smith, G.M.
Smith, J.E.            Stuart                 Talley
Whatley                Whipper                Young, J.

Total--33

So, the amendment was tabled.

Rep. G. BROWN moved to adjourn debate on the Section, which was agreed to.

SECTION 38--AMENDED AND ADOPTED

Rep. ROBINSON proposed the following Amendment No. 166 (Doc Name h-wm\005\pppsale38.9.doc), which was adopted:

Amend the bill, as and if amended, Part IB, Section 38, DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, page 498, paragraph 9, line 34, by striking /in excess of $3500/ and inserting /in excess of $575/
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Rep. ROBINSON explained the amendment.
The amendment was then adopted.

Rep. ROBINSON proposed the following Amendment No. 167 (Doc Name h-wm\005\pppalst38.3ii.doc), which was adopted:

Amend the bill, as and if amended, Part IB, Section 38, DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, page 498, paragraph 3, line 13, by striking the proviso in its entirety and inserting/38.3(DPPP: Alston Wilkes Society) The Department of Probation, Parole and Pardon Services shall may contract with any willing competitive provider, which may include but is not limited to the Alston Wilkes Society in the amount of $150,000 to provide temporary housing for offenders serving the conditions of supervision. The department shall provide $100,000 in additional funds to the Alston Wilkes Society for facility maintenance and support./
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Rep. ROBINSON explained the amendment.
The amendment was then adopted.

Section 38, as amended, was adopted.

SECTION 40

Section 40 was adopted.

SECTION 41

Section 41 was adopted.

SECTION 42

Section 42 was adopted.

SECTION 43--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 86 (Doc Name h-wm\009\wcc-date.doc), which was adopted:

Amend the bill, as and if amended, Part IB, Section 43, WORKERS COMPENSATION COMMISSION, page 505, paragraph 2, line 12, by striking:/beginning in fy 94-95,/
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Rep. KIRSH explained the amendment.
The amendment was then adopted.

Section 43, as amended, was adopted.

SECTION 44

Section 44 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 51

Section 51 was adopted.

SECTION 53B--ADOPTED

Reps. MERRILL, QUINN and TRIPP proposed the following Amendment No. 19 (Doc Name council\pt\amend\1292dw01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 53B, page 513, by adding an appropriately numbered paragraph to read:
/ 53B.__(SPA:     State Ports Authority not to expend public funds for lobbyist in connection with expansion of facilities) The State Ports Authority may not expend public funds for a lobbyist as defined in section 2-17-10(13) of the 1976 Code, public relations, advertising, or other marketing efforts in connection with its pursuit of a facility or an expansion of its facilities on Daniel Island in Berkeley County. /
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Rep. MERRILL explained the amendment.

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

POINT OF ORDER

Rep. MCLEOD raised the Point of Order that Section 53B.1 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the section met the substantial effect test for temporary Part IB provisions of law and was germane in accordance with Rule 5.3B. He stated that the rule would be more strictly construed if it were a permanent Part II provision and he therefore overruled the Point of Order.

Rep. KIRSH proposed the following Amendment No. 257 (Doc Name h-wm\004\53b port buses.doc), which was tabled:

Amend the bill, as and if amended, Part IB, Section 53B, STATE PORTS AUTHORITY, page 513, paragraph 53B.1, line 12, by striking /continue the Charleston Cooper River Bridge Project/ and inserting /the Department of Education for school buses./
Renumber sections to conform.
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Rep. KIRSH explained the amendment.

Rep. LIMEHOUSE spoke against the amendment.
Rep. HARRELL spoke against the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 89; Nays 26

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bales                  Barrett                Battle
Bingham                Bowers                 Breeland
Brown, G.              Brown, J.              Brown, R.
Campsen                Carnell                Cato
Chellis                Clyburn                Coates
Cobb-Hunter            Cotty                  Dantzler
Easterday              Frye                   Gourdine
Govan                  Hamilton               Harrell
Harrison               Harvin                 Haskins
Hines, J.              Hinson                 Hosey
Jennings               Keegan                 Kelley
Kennedy                Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Lloyd
Lourie                 Lucas                  Mack
McCraw                 McGee                  Meacham-Richardson
Merrill                Miller                 Neal, J.H.
Ott                    Owens                  Parks
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scarborough            Sharpe                 Simrill
Sinclair               Smith, D.C.            Smith, F.N.
Smith, G.M.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Stuart                 Talley
Taylor                 Tripp                  Trotter
Webb                   Weeks                  Whatley
Whipper                Wilder                 Wilkins
Young, A.              Young, J.

Total--89

Those who voted in the negative are:

Barfield               Coleman                Cooper
Davenport              Delleney               Edge
Emory                  Fleming                Freeman
Gilham                 Hayes                  Kirsh
Littlejohn             Loftis                 Martin
McLeod                 Neal, J.M.             Rivers
Sheheen                Snow                   Stille
Thompson               Townsend               Vaughn
White                  Witherspoon

Total--26

So, the amendment was tabled.

Section 53B was adopted.

SECTION 54--AMENDED AND ADOPTED

Reps. WILKINS and KELLEY proposed the following Amendment No. 13 (Doc Name h-wm\003\legaide2.doc), which was adopted:

Amend the bill, as and if amended, Part IB, Section 54, Legislative Department, page 517, paragraph 29, lines 16-17, by striking
/ Provided however, for Fiscal Year 2001-02, eligible members are allowed an allocation of $1,500./ and inserting / Provided however, for Fiscal Year 2001-02, eligible members are allowed an allocation of $2,000./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. WILDER proposed the following Amendment No. 189 (Doc Name council\dka\amend\4172mm01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 54, LEGISLATIVE DEPARTMENT, page 520, after line 15, by adding an appropriately numbered paragraph to read:
/ 54.__     (LEG: Print Management Study) The House of Representatives Office of Research and Personnel shall undertake a study of the reduction of costs and volume of printed material produced by the House including, but not limited to, a survey of the members expressing their wishes and needs as to the printed materials they desire or need to receive. The committee shall prepare a report of the outcome of the study and shall present it to the full House in January, 2002. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 54, as amended, was adopted.

SECTION 55

Section 55 was adopted.

SECTION 56DD--AMENDED AND ADOPTED

Rep. CAMPSEN proposed the following Amendment No. 116 (Doc Name council\bbm\amend\10001htc01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 527, paragraph 56DD.41, beginning on line 7, by striking the paragraph in its entirety.
Renumber sections to conform.
Amend tostals and titles to conform.

Rep. CAMPSEN explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. CAMPSEN continued speaking.
Rep. KNOTTS spoke in favor of the amendment.
Rep. ROBINSON spoke against the amendment.

SPEAKER IN CHAIR

Rep. ROBINSON continued speaking.
Rep. COBB-HUNTER spoke against the amendment.
Rep. COBB-HUNTER spoke against the amendment.

Rep. COBB-HUNTER moved to table the amendment.

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

Yeas 64; Nays 48

Those who voted in the affirmative are:

Bales                  Barrett                Battle
Breeland               Brown, G.              Brown, J.
Brown, R.              Carnell                Cato
Chellis                Clyburn                Coates
Cobb-Hunter            Cooper                 Cotty
Dantzler               Delleney               Emory
Freeman                Gourdine               Govan
Harrell                Haskins                Hayes
Hines, J.              Hinson                 Hosey
Howard                 Jennings               Keegan
Kelley                 Kennedy                Kirsh
Lee                    Littlejohn             Lloyd
Mack                   McCraw                 Miller
Neal, J.M.             Ott                    Parks
Perry                  Rice                   Riser
Rivers                 Robinson               Sandifer
Scott                  Sharpe                 Sinclair
Smith, W.D.            Snow                   Stille
Stuart                 Taylor                 Tripp
Walker                 Webb                   Weeks
Whipper                White                  Wilder
Wilkins

Total--64

Those who voted in the negative are:

Allen                  Altman                 Askins
Barfield               Bingham                Bowers
Campsen                Coleman                Davenport
Easterday              Edge                   Fleming
Frye                   Gilham                 Hamilton
Harrison               Harvin                 Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Loftis
Lourie                 Lucas                  Martin
McGee                  McLeod                 Merrill
Owens                  Phillips               Rhoad
Rodgers                Scarborough            Sheheen
Simrill                Smith, D.C.            Smith, F.N.
Smith, G.M.            Smith, J.E.            Smith, J.R.
Talley                 Thompson               Townsend
Whatley                Witherspoon            Young, J.

Total--48

So, the amendment was tabled.

Rep. CAMPSEN proposed the following Amendment No. 241 (Doc Name council\bbm\amend\10053htc01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 527, paragraph 56DD.41, line 8, by striking /$5,418,680/ and inserting /$2,709,340/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. CAMPSEN explained the amendment.

Rep. ROBINSON moved to table the amendment.

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

Yeas 67; Nays 45

Those who voted in the affirmative are:

Allen                  Allison                Bales
Battle                 Breeland               Brown, G.
Brown, J.              Brown, R.              Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Delleney               Emory
Freeman                Gourdine               Govan
Harrell                Haskins                Hines, J.
Hinson                 Hosey                  Howard
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Lee
Littlejohn             Lucas                  Mack
Martin                 McCraw                 Meacham-Richardson
Neal, J.M.             Ott                    Parks
Perry                  Quinn                  Rhoad
Rice                   Riser                  Rivers
Robinson               Sandifer               Scott
Sinclair               Smith, J.R.            Smith, W.D.
Snow                   Stille                 Stuart
Taylor                 Tripp                  Trotter
Vaughn                 Walker                 Webb
Weeks                  Whipper                Wilkins
Young, A.

Total--67

Those who voted in the negative are:

Altman                 Askins                 Barfield
Barrett                Bingham                Bowers
Campsen                Coleman                Davenport
Easterday              Edge                   Fleming
Gilham                 Hamilton               Harrison
Huggins                Klauber                Knotts
Koon                   Law                    Leach
Loftis                 Lourie                 McGee
McLeod                 Merrill                Miller
Owens                  Phillips               Rodgers
Scarborough            Sheheen                Simrill
Smith, D.C.            Smith, F.N.            Smith, G.M.
Smith, J.E.            Talley                 Thompson
Townsend               Whatley                White
Wilder                 Witherspoon            Young, J.

Total--45

So, the amendment was tabled.

Rep. ROBINSON proposed the following Amendment No. 249 (Doc Name h-wm\005\oepp transfer to djj.doc), which was adopted:

Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 527, paragraph 41, lines 7-9, by striking the paragraph in its entirety and inserting
/56DD.41._(GOV: OEPP - Transfer to DJJ) Notwithstanding any other provision of law, the Governor's Office of Executive Policy and Programs is directed to transfer at least $2,709,340, but not more than $5,418,680, to the extent funds are available based upon an actuarial study of the Victims' Compensation Fund, of the funds carried forward from the prior fiscal year in the Victims' Compensation Fund to the Department of Juvenile Justice, which shall use the funds for the Northeast Center. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ROBINSON explained the amendment.

The amendment was then adopted by a division vote of 62 to 1.

Rep. COBB-HUNTER proposed the following Amendment No. 253 (Doc Name h-wm\003\gov oepp - 1.5m cdc.doc), which was tabled:

Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 527, after line 32, by adding an appropriately numbered paragraph to read:
/ (GOV: OEPP - Transfer to Commerce) Notwithstanding any other provision of law, the Governor's Office of Executive Policy and Programs (OEPP) is directed to transfer $1,500,000 of the funds carried forward from the prior fiscal year in agency earmarked subfund accounts designated as "special revenue funds" as defined in the Comptroller General's records, to the Department of Commerce for the Community Development Corporation (CDC)./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. KNOTTS spoke against the amendment.
Rep. QUINN spoke against the amendment.

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

Section 56DD, as amended, was adopted.

SECTION 57

Section 57 was adopted.

SECTION 58

Section 58 was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61

Section 61 was adopted.

SECTION 62--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 97 (Doc Name h-wm\003\elec polling places.doc), which was adopted:

Amend the bill, as and if amended, Part IB, Section 62, ELECTION COMMISSION, page 537, after line 6, by adding an appropriately numbered paragraph to read: / (ELECT: Assistant Poll Managers) Notwithstanding Section 7-13-110 of the 1976 Code, each polling place in this State may employ two sixteen or seventeen-year-old-assistant poll managers./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. FLEMING proposed the following Amendment No. 262 (Doc Name council\gjk\amend\20349sd01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 62, ELECTION COMMISSION, page 537, after line 6, by adding an appropriately numbered paragraph to read:

/62._____     The Election Commission shall conduct an advisory referendum at the same time as the 2002 General Election to ascertain the wishes of the qualified electors of this State as to whether or not they favor increasing the general sales tax by four percent and using the proceeds to eliminate all real and personal individual ad valorem property taxation. The exemption for the sales tax on food shall continue in full force and effect. Fifty thousand dollars of funds appropriated to the Election Commission in Part 1A of this act shall be used to prepare for this advisory referendum during the fiscal year 2001-2002 including the preparation of the ballots and any funds remaining from this allocation shall be carried forward and used for the expenses of this advisory referendum./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. FLEMING explained the amendment.

POINT OF ORDER

Rep. KELLEY raised the Point of Order that Amendment No. 262 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment was germane and was merely a directive as to how appropriations are to be spent. He therefore overruled the Point of Order.

Rep. KELLEY moved to table the amendment.

Rep. FLEMING demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 57 to 13.

Section 62, as amended, was adopted.

SECTION 63A--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 95 (Doc Name h-wm\003\bcb-oed natl guard.doc), which was adopted:

Amend the bill, as and if amended, Part IB, Section 63A, BUDGET AND CONTROL BOARD, DIVISION OF EXECUTIVE DIRECTOR, page 539, after line 23, by adding an appropriately numbered paragraph to read:
/(BCB/DED: National Guard Pension Study) The Division of Executive Director of the Budget and Control Board shall study the National Guard Pension Fund. The report shall include, but is not limited to, the effectiveness of the program and its fiscal status as actuarily determined. The report shall be submitted to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee by January 2, 2002. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 63A, as amended, was adopted.

SECTION 63D

Section 63D was adopted.

SECTION 63E

Section 63E was adopted.

SECTION 65

Section 65 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 67

Section 67 was adopted.

SECTION 69B

Section 69B was adopted.

SECTION 8 -- RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 8 was adopted was taken up and agreed to.

Reps. HARRELL, WILKINS, W. D. SMITH, ALLISON, KEEGAN, KELLEY, KOON, QUINN, ROBINSON and A. YOUNG proposed the following Amendment No. 271 (Doc Name h-wm\002\ harrelladdsfundstodhhs.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 8, DEPT. OF HEALTH AND HUMAN SERVICES, page 100, after line 22, by inserting a new item /annualize non-recurring/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5     Column 6
30,590,660     9,177,200
Amend the bill further, as and if amended, page 105, line 20, opposite /FY Funding/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5     Column 6
11,800,000     3,540,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARRELL explained the amendment.

Rep. KELLEY spoke in favor of the amendment.
Rep. HARRELL spoke in favor of the amendment.
Rep. QUINN spoke in favor of the amendment.
Rep. JENNINGS spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 118; Nays 1

Those who voted in the affirmative are:

Allen                  Allison                Altman
Askins                 Bales                  Barfield
Barrett                Battle                 Bingham
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Cato                   Chellis                Clyburn
Coates                 Cobb-Hunter            Coleman
Cotty                  Dantzler               Delleney
Easterday              Edge                   Emory
Fleming                Freeman                Frye
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hayes
Hines, J.              Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Neal, J.H.             Neal, J.M.             Ott
Owens                  Parks                  Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Rivers
Robinson               Rodgers                Rutherford
Sandifer               Scarborough            Scott
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, F.N.
Smith, G.M.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Weeks                  Whatley
Whipper                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

Total--118

Those who voted in the negative are:
Cooper

Total--1

So, the amendment was adopted.

RECORD FOR VOTING

I was temporarily out of the Chamber as I was working on funding for the S.C. Biotechnology Center in Greenwood. I would have voted for the amendment.

Rep. Marion P. Carnell

Reps. HARRELL, WILKINS, W. D. SMITH, ALLISON, KEEGAN, KELLEY, KOON, QUINN, ROBINSON and A. YOUNG proposed the following Amendment No. 270 (Doc Name h-wm\002\harrell shift $24 mil medicaid to senior prescrip.doc), which was adopted:

Amend the bill, as and if amended, Part IA, Section 8, DEPT. OF HEALTH AND HUMAN SERVICES, page 102, line 22, opposite /2000-01 Non-Recur/ by decreasing the amount(s) in Column 5 by:
Column 5     Column 6
24,000,000
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. COBB-HUNTER proposed the following Amendment No. 247 (Doc Name h-wm\002\cobb-hunter hearing#2.doc), which was tabled:

Amend the bill, as and if amended, Part IA, Section 8, DEPT. OF HEALTH AND HUMAN SERVICES, page 102, lines 18-19, opposite /Home & Community Based Services for Seniors/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5     Column 6
2,400,500     2,400,500

Amend the bill further, as and if amended, page 102, line 20, opposite /Ombudsman/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5     Column 6
164,500     164,500
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. QUINN moved to table the amendment.

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

Yeas 64; Nays 50

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barfield               Barrett                Bingham
Campsen                Cato                   Chellis
Coates                 Cooper                 Cotty
Dantzler               Easterday              Edge
Fleming                Frye                   Hamilton
Harrell                Harrison               Haskins
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Martin                 McCraw                 McGee
Meacham-Richardson     Merrill                Owens
Perry                  Quinn                  Rice
Riser                  Robinson               Sandifer
Scarborough            Sharpe                 Sinclair
Smith, D.C.            Smith, J.R.            Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   White
Wilder                 Wilkins                Witherspoon
Young, A.

Total--64

Those who voted in the negative are:

Allen                  Bales                  Battle
Bowers                 Breeland               Brown, G.
Brown, R.              Carnell                Clyburn
Cobb-Hunter            Coleman                Davenport
Delleney               Emory                  Freeman
Gilham                 Gourdine               Govan
Hayes                  Hines, J.              Hosey
Howard                 Jennings               Kennedy
Lee                    Lloyd                  Lourie
Lucas                  Mack                   McLeod
Miller                 Neal, J.H.             Neal, J.M.
Ott                    Parks                  Phillips
Rhoad                  Rivers                 Rodgers
Rutherford             Scott                  Simrill
Smith, F.N.            Smith, G.M.            Smith, J.E.
Snow                   Stuart                 Weeks
Whipper                Young, J.

Total--50

So, the amendment was tabled.

Rep. LOURIE proposed the following Amendment No. 221 (Doc Name council\gjk\amend\20333sd01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 100, line 19, opposite /child health insurance/ by increasing the amounts in     Column 5                 Column 6
3,544,000                 1,075,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LOURIE explained the amendment.

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

Section 8, as amended, was adopted.

SECTION 9--ADOPTED

Rep. COBB-HUNTER proposed the following Amendment No. 248 (Doc Name h-wm\002\cobb-hunter health disp.doc), which was tabled:

Amend the bill, as and if amended, Part IA, Section 9, DEPT. OF HEALTH AND ENVIRONMENTAL CONTROL, page 117, lines 6-7, opposite /Health Disparities Elimination/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5     Column 6
997,745     997,745

Amend the bill further, as and if amended, page 118, line 22, opposite /Youth Smoking Prevention/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5     Column 6
1,750,000     1,750,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

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

Section 9 was adopted.

SECTION 10--ADOPTED

Rep. COBB-HUNTER proposed the following Amendment No. 223 (Doc Name h-wm\006\dmh -500k .doc), which was tabled:

Amend the bill, as and if amended, Part IA, Section 10, DEPARTMENT OF MENTAL HEALTH, page 129, line 14, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5     Column 6
500,000     500,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. COBB-HUNTER spoke in favor of the amendment.

Rep. RICE moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 63; Nays 37

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Bingham
Campsen                Cato                   Chellis
Coates                 Cotty                  Davenport
Delleney               Easterday              Edge
Fleming                Frye                   Hamilton
Harrell                Harrison               Haskins
Huggins                Keegan                 Kelley
Kirsh                  Klauber                Knotts
Leach                  Limehouse              Littlejohn
Lucas                  McCraw                 McGee
Meacham-Richardson     Owens                  Perry
Quinn                  Rice                   Riser
Sandifer               Scarborough            Sharpe
Simrill                Sinclair               Smith, D.C.
Smith, G.M.            Smith, J.R.            Smith, W.D.
Stille                 Talley                 Taylor
Thompson               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                White                  Wilkins
Witherspoon            Young, A.              Young, J.

Total--63

Those who voted in the negative are:

Allen                  Askins                 Battle
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Carnell
Clyburn                Cobb-Hunter            Freeman
Harvin                 Hayes                  Hines, J.
Hosey                  Howard                 Jennings
Kennedy                Lee                    Lloyd
Lourie                 McLeod                 Neal, J.H.
Ott                    Parks                  Phillips
Rivers                 Rodgers                Rutherford
Scott                  Smith, F.N.            Smith, J.E.
Snow                   Weeks                  Whipper
Wilder

Total--37

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 225 (Doc Name h-wm\001\dmh alzh 500k.doc), which was tabled:

Amend the bill, as and if amended, Part IA, Section 10, DEPARTMENT OF MENTAL HEALTH, page 129, immediately after line 21, by inserting a new line to read:

Column 5     Column 6
Alzheimer's Community
Respite Care

500,000

Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

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

Section 10 was adopted.

SECTION 13--AMENDED AND ADOPTED

Reps. HARRELL, WILKINS, W. D. SMITH, ALLISON, KEEGAN, KELLEY, KOON, QUINN, ROBINSON AND A. YOUNG proposed the following Amendment No. 272 (Doc Name h-wm\006\dss6.3.doc), which was adopted:

Amend the bill, as and if amended, Part IA, Section 13, DEPT. OF SOCIAL SERVICES, page 157, line 16, opposite /base reduction/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

6,275,000     6,275,000
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 13, as amended, was adopted.

SECTION 27

Section 27 was adopted.

SECTION 63B--AMENDED AND ADOPTED

Reps. HARRELL, WILKINS, W. D. SMITH, ALLISON, KEEGAN, KELLEY, KOON, QUINN, ROBINSON AND A. YOUNG proposed the following Amendment No. 273 (Doc Name h-wm\002\harrell $24 m .doc), which was adopted:

Amend the bill, as and if amended, Part IA, Section 63B, DIVISION OF OPERATIONS, page 358, after line 27, Column 5, by adding a new line to read:

Column 5     Column 6
Silver Card/Silver
Card Plus

24,000,000
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. COBB-HUNTER proposed the following Amendment No. 264 (Doc Name h-wm\002\cobb h 63b.doc), which was tabled:

Amend the bill, as and if amended, Part IA, Section 63B, B&C BOARD, DIVISION OF OPERATIONS, page 347, line 23, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

35,084     35,084

Amend the bill further, as and if amended, page 347, line 37, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5     Column 6
21,681     21,681

Amend the bill further, as and if amended, page 348, line 6, opposite /State House Maintenance & Oper/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

17,339     17,339
Amend the bill further, as and if amended, page 348, line 24, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

8,041     8,041
Amend the bill further, as and if amended, page 348, line 29, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

9,340     9,340
Amend the bill further, as and if amended, page 349, line 19, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

21,745     21,745
Amend the bill further, as and if amended, page 351, line 13, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

8,021     8,021
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. KELLEY moved to table the amendment, which was agreed to by a division vote of 49 to 23.

Section 63B, as amended, was adopted.

SECTION 69B

Section 69B was adopted.

PART IB
SECTION 1--AMENDED AND DEBATE ADJOURNED

Reps. HARRELL, WILKINS, W. D. SMITH, ALLISON, KEEGAN, KELLEY, KOON, QUINN, ROBINSON AND A. YOUNG proposed the following Amendment No. 274 (Doc Name h-wm\007\ph_rh_4 #2.doc), which was adopted:

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 405, after line 12, by adding an appropriately numbered paragraph to read:
/The appropriations in Part IA, Section 1, Subsection XIII of the general appropriations act for Fiscal Year 2001-2002 for "Aid Schl Dist-Educ Fin Act" is reduced by $2,902,200./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. HARRELL moved to adjourn debate on the Section, which was agreed to.

SECTION 8--AMENDED AND DEBATE ADJOURNED

Reps. HARRELL, WILKINS, W. D. SMITH, ALLISON, KEEGAN, KELLEY, KOON, QUINN, ROBINSON AND A. YOUNG proposed the following Amendment No. 275 (Doc Name h-wm\002\silver card plus.doc), which was adopted:

Amend the bill, as and if amended, Part IB, Section 8, DEPT. OF HEALTH AND HUMAN SERVICES, page 445, after line 16, by adding an appropriately numbered paragraph to read:
/There is created within the department the Silver Card Plus Program that must provide a prescription benefit for senior citizens who meet certain eligibility criteria defined below. The department is directed to apply to the Federal Health Care Financing Administration for a Medicaid waiver to implement this program. The department must administer the program and other state agencies must provide assistance and information necessary in the administration of this program. The program may include a deductible up to an annual maximum of $100 and co-payments per prescription up to a maximum of $10 for generic and up to a maximum of $21 for non-generic prescription drugs. The program must include: (1) continuous open enrollment for seniors meeting eligibility criteria; (2) prospective and retrospective utilization review, clinical management and other techniques to reduce drug interactions, over-utilizations, therapeutic duplications, or early refills; A person eligible to participate in this program must: (1) be a South Carolina resident who has attained the age of sixty-five years; (2) have resided in South Carolina at least six consecutive months; (3) not have any pharmacy benefits or coverage from any other governmental or private insurance program providing such benefits; (4) have an annual income that does not exceed 175% of the Federal Poverty Guidelines. After approval of the B&C Board, the department is authorized to revise and modify the program should the Federal Government offer a prescription benefit to persons eligible for Medicare. The intent of this flexibility is to maximize the availability of a prescription benefit program for senior citizens through a coordinated and cooperative State and Federal effort./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. HARRELL moved to adjourn debate on the Section, which was agreed to.

SECTION 30--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the Section, which was agreed to.

SECTION 37--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the Section, which was agreed to.

SECTION 59--AMENDED AND DEBATE ADJOURNED

Reps. HARRELL, WILKINS, W. D. SMITH, ALLISON, KEEGAN, KELLEY, KOON, QUINN, ROBINSON AND A. YOUNG proposed the following Amendment No. 276 (Doc Name h-wm\006\59 med pl 11m #2.doc), which was adopted:

Amend the bill, as and if amended, Part IB, Section 59, COMPTROLLER GENERAL'S OFFICE, page 531, paragraph 9, line 9, by striking /$14,901,071/ and inserting /$26,183,871/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. HARRELL moved to adjourn debate on the Section, which was agreed to.

SECTION 63B--AMENDED AND DEBATE ADJOURNED

Reps. HARRELL, WILKINS, W. D. SMITH, ALLISON, KEEGAN, KELLEY, KOON, QUINN, ROBINSON and A. YOUNG proposed the following Amendment No. 279 (Doc Name hwm\002\ harrellaiver.doc), which was adopted:

Amend the bill, as and if amended, Part IB, Section 63B, B&C BOARD, DIVISION OF OPERATIONS, page 542, paragraph, after line 2, by adding an appropriately numbered paragraph to read:/
/ If the Department of Health and Human Services receives approval from the Federal Health Care Financing Administration for a Medicaid Waiver for the implementation of an expanded senior prescription program, funds appropriated by the State for the Senior Prescription Drug Program may be transferred to the Department of Health and Human Services to be used as Medicaid matching funds for the new expanded prescription program. The State Budget Office of the B&C Board shall provide for the orderly transfer of these funds. It is the intent of the General Assembly for the Medicaid Waiver to enable the State to expand the prescription benefit program to residents of the State sixty-five years of age and older.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARRELL explained the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 113; Nays 1

Those who voted in the affirmative are:

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, J.              Brown, R.
Campsen                Carnell                Cato
Chellis                Clyburn                Coates
Cobb-Hunter            Coleman                Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Freeman                Frye
Gourdine               Govan                  Hamilton
Harrell                Harrison               Harvin
Hayes                  Hines, J.              Hinson
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Martin                 McCraw                 McGee
McLeod                 Meacham-Richardson     Merrill
Miller                 Neal, J.H.             Neal, J.M.
Ott                    Owens                  Parks
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Rivers                 Robinson               Rodgers
Rutherford             Sandifer               Scarborough
Scott                  Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Talley                 Taylor                 Thompson
Townsend               Trotter                Vaughn
Walker                 Webb                   Weeks
Whatley                Whipper                White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

Total--113

Those who voted in the negative are:
Cooper

Total--1

So, the amendment was adopted.

RECORD FOR VOTING

I was out of the House Chamber when Amendment No. 279 was adopted relating to the Silver Card Program. Had I been in the Chamber, I would have voted in the affirmative.

Rep. James E. Smith, Jr.

Rep. HARRELL moved to adjourn debate on the Section, which was agreed to.

SECTION 63H

Section 63H was adopted.

SECTION 72--AMENDED AND DEBATE ADJOURNED

Reps. HARRELL, WILKINS, W. D. SMITH, ALLISON, KEEGAN, KELLEY, KOON, QUINN, ROBINSON AND A. YOUNG proposed the following Amendment No. 277 (Doc Name h-wm\002\harrell delete transfer of senior prescription drug prog.doc), which was adopted:

Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 582, paragraph 72.86, lines 24-28, by striking the proviso in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. HARRELL, WILKINS, W. D. SMITH, ALLISON, KEEGAN, KELLEY, KOON, QUINN, ROBINSON and A. YOUNG proposed the following Amendment No. 278 (Doc Name council\bbm\ amend\10084htc01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 584, after line 14, by adding an appropriately numbered paragraph to read:
/ 72.__ (GP: Accrual Accounting) In addition to those taxes and fees subject to accrual accounting pursuant to Section 11-9-85 of the 1976 Code, the revenues of the deed recording fee imposed pursuant to Chapter 24, Title 12 of the 1976 Code must be similarly accrued for accounting purposes. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. HARRELL moved to adjourn debate on the Section, which was agreed to.

SECTION 73

Section 73 was adopted.

PART IA
SECTION 8--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 8 was adopted was taken up and agreed to.

Reps. HARRELL, WILKINS, W. D. SMITH, ALLISON, KEEGAN, KELLEY, KOON, QUINN, ROBINSON and A. YOUNG proposed the following Amendment No. 287 Doc Name h-wm\002\harrell hhs 11m.doc), which was adopted:

Amend the bill, as and if amended, Part IA, Section 8, DEPT. OF HEALTH AND HUMAN SERVICES, page 105, line 20, opposite /FY Funding/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

37,609,330     11,282,800
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 8, as amended, was adopted.

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

MOTION NOTED

Rep. BINGHAM moved to reconsider the vote whereby Amendment No. 242 was rejected in Section 18, Part IB, and the motion was noted.

MOTION NOTED

Rep. HARRELL moved to reconsider the vote whereby SECTIONS 9, 10, 11, 12, 13, 14, 18, 22, 23A, 24, 27, 30, 31, 33, 34, 35, 36, 37, 39, 40, 50, 53, 53B, 54A, 54B, 56A, 56B, 56C, 59, 63B, 63C, 63D, 63E, 63G, 69A and 69B in Part IA and SECTIONS 2, 4, 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H, 5J, 5K, 5L, 5M, 5N, 6, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 23A, 24, 25, 26, 31, 32, 34, 35, 36, 38, 40, 41, 42, 43, 44, 47, 48, 49, 50, 51, 53B, 54, 55, 56DD, 57, 58, 60, 61, 62, 63A, 63D, 63E, 63H, 65, 66, 67, 69B and 73 in Part IB were adopted and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3699 (Word version) -- Reps. Jennings and Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH A NATIONALLY-SPONSORED NASCAR RACING EVENT HELD IN THIS STATE IN 2001.

ADJOURNMENT

At 6:35 p.m. the House, in accordance with the motion of Rep. RIVERS, adjourned in memory of Miriam Malphrus of Jasper County, to meet at 9:30 a.m. tomorrow.

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