Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 a.m.
Deliberations were opened with prayer by Rep. WEEKS as follows:
Our Father and our God, we thank You today for the great honor and privilege of assembling ourselves together at this place and time for the purpose of transacting the business of the people of this State. We thank You for the many blessings that You have bestowed upon us, and as we begin today's session, we ask You to touch every heart and mind, that the decisions that we make today will not be made out of malice or selfishness, or any negative thing. Instead, let us be genuinely motivated by a positive commitment to diligently serve and advocate the best interests of the citizens who sent us here. We ask all these blessings in your Holy name. 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.
Rep. DAVENPORT moved that when the House adjourns, it adjourn in memory of Leroy Kolb of the North Spartanburg Community, which was agreed to.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3529 (Word version) -- Reps. Stille, Townsend, Carnell, Allison, Littlejohn, Sandifer and Walker: A BILL TO AMEND SECTIONS 59-4-20 AND 59-4-40, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND FUND ADMINISTRATION FOR PURPOSES OF THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM ACT, SO AS TO FURTHER DEFINE "TUITION" AND TO PROVIDE THAT THE CONTENTS OF THE REVOLVING FUND, INCLUDING ANY RIGHT OF REFUND OR ANY OTHER RIGHT ACCRUED BY A PERSON IN THE FUND IS EXEMPT FROM LEGAL PROCESS AND IS UNASSIGNABLE.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3533 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-101-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION'S ANNUAL REPORT UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO FURTHER PROVIDE FOR THAT INFORMATION WHICH MUST BE SUBMITTED BY TWO-YEAR AND FOUR-YEAR POST-SECONDARY INSTITUTIONS FOR INCLUSION IN THE REPORT.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3534 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-101-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND UNIVERSITIES EMPHASIZING TEACHING AS A CAREER OPPORTUNITY, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE REQUIREMENTS ARE IMPLEMENTED, AND FOR THE CONTENT OF TEACHER EDUCATION PROGRAMS.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3014 (Word version) -- Reps. Kirsh, Meacham-Richardson, Witherspoon, Stille and Walker: A BILL TO AMEND SECTION 56-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF A MOTOR VEHICLE BY A NONRESIDENT OWNER, SO AS TO PROVIDE FOR A SWORN WRITTEN RESPONSE TO INQUIRY AS TO NONRESIDENCY BY THE COUNTY AUDITOR OF ANY COUNTY IN WHICH A NONRESIDENT OWNS OR LEASES REAL OR PERSONAL PROPERTY, TO MAKE THE WILLFUL FAILURE TO REGISTER IN A TIMELY MANNER A MISDEMEANOR, AND TO PROVIDE FOR PENALTIES AND PAYMENT OF TWICE THE PERSONAL PROPERTY TAXES PROPERLY DUE AND PAYABLE ON THE VEHICLE, PLUS PENALTIES AND INTEREST.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3030 (Word version) -- Reps. Harvin, Littlejohn and Clyburn: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMBLEMS, PLEDGE TO THE STATE FLAG, AND OFFICIAL OBSERVANCES, BY ADDING SECTION 1-1-707 SO AS TO PROVIDE THAT THE SOUTH CAROLINA HALL OF FAME LOCATED AT MYRTLE BEACH IS THE OFFICIAL HALL OF FAME FOR THE STATE OF SOUTH CAROLINA; AND TO AMEND SECTION 23-25-20, AS AMENDED, RELATING TO CREATION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME, SO AS TO CLARIFY THAT THE NAME OF THE LAW ENFORCEMENT OFFICERS HALL OF FAME ADMINISTERED AS AN OFFICE OF THE DEPARTMENT OF PUBLIC SAFETY IS THE "SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME" RATHER THAN THE "SOUTH CAROLINA HALL OF FAME".
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3485 (Word version) -- Reps. Phillips, Littlejohn, McCraw and Whipper: A BILL TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO MEMBERS OF MUNICIPAL COUNCILS, COUNTY COUNCILS, AND COUNTY CORONERS BY THE DEPARTMENT OF PUBLIC SAFETY FOR PRIVATE PASSENGER MOTOR VEHICLES OWNED BY THEM, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE SPECIAL LICENSE PLATES TO MAYORS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3702 (Word version) -- Reps. Govan, Ott, Stuart, Cobb-Hunter, Sharpe, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, 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, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE GENERAL ASSEMBLY AND THE STATE OF SOUTH CAROLINA AT THE DEATH OF ORANGEBURG MAYOR, THE HONORABLE MARTIN CHEATHAM, AND JOINING THE CITIZENS OF THE CITY OF ORANGEBURG AND THE STATE IN GRATEFULLY REMEMBERING AND HONORING HIS EXPANSIVE PUBLIC SERVICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 450 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO REVEREND DOCTOR WESTBERRY HOMER NEAL, PASTOR OF ST. JOHN BAPTIST CHURCH IN THE TOWN OF HOPKINS IN RICHLAND COUNTY, ON THE OCCASION OF HIS RETIREMENT AND WISHING HIM MANY YEARS OF GOOD HEALTH AND HAPPINESS AND CONTINUED SERVICE TO THE CITIZENS OF HIS COMMUNITY AND OUR STATE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3703 (Word version) -- Reps. Townsend, Cotty, Webb, A. Young, Allison, Riser, Stille, Stuart, Keegan, Kennedy, Gilham, Martin, Littlejohn, Limehouse, Taylor, Coates, Kelley, Knotts, McGee, Ott, Rivers, Sinclair, Snow, Walker, Whatley and Wilder: A BILL TO AMEND SECTION 56-3-1230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND ISSUANCE OF LICENSE PLATES, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE NEW LICENSE PLATES AT LEAST EVERY SIX YEARS, AND TO PROVIDE THAT THE DEPARTMENT MUST COLLECT A ONE DOLLAR FEE WHEN A VEHICLE IS REGISTERED OR REREGISTERED TO OFFSET THE COSTS ASSOCIATED WITH THE PRODUCTION OF NEW LICENSE PLATES.
Referred to Committee on Education and Public Works
H. 3704 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2360, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3705 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LIFE AND PALMETTO FELLOWS SCHOLARSHIP APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2514, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 3706 (Word version) -- Reps. Loftis, Knotts, Simrill, Whatley, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Bingham, Bowers, J. Brown, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gilham, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Koon, Law, Leach, Limehouse, Littlejohn, Lucas, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, J. M. Neal, Owens, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scarborough, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE REQUIREMENTS, NOTICE CONTENTS, AND INFORMATION TO BE PROVIDED TO THE GENERAL ASSEMBLY IN CONNECTION WITH THE PROMULGATION AND REVIEW OF REGULATIONS, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE SCIENTIFIC OR TECHNICAL BASIS AND STUDIES USED IN DEVELOPING THE REGULATIONS, INCLUDING A SUMMARY OF THESE STUDIES, COPIES OF WHICH ALSO MUST BE AVAILABLE TO THE PUBLIC.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3707 (Word version) -- Reps. J. Young, G. M. Smith, Harvin, Kennedy and Weeks: A BILL TO AMEND SECTION 50-5-1505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TIMES, METHODS, EQUIPMENT, SIZE AND TAKE LIMITS FOR SHAD, HERRING, AND STURGEON IN THE SANTEE RIVER SO AS TO PROVIDE FOR SEASONS, TIMES, METHODS, EQUIPMENT, SIZE AND TAKE LIMITS IN THAT PORTION OF THE SANTEE RIVER BELOW THE CABLE AND BUOYS MARKING THE SEAWARD BOUNDARY OF THE WILSON DAM SANCTUARY DESIGNATED BY THE DEPARTMENT OF NATURAL RESOURCES SEAWARD TO WILSON DAM LANDING AND FURTHER PROVIDE FOR NO OPEN SEASON IN THE SANTEE RIVER SEAWARD OF WILSON BOAT LANDING.
Rep. J. YOUNG asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. RHOAD objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3708 (Word version) -- Reps. Bingham, J. E. Smith, Lourie, Sheheen and F. N. Smith: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE GOVERNOR'S SCHOOL FOR TEACHING, LEARNING, AND TECHNOLOGY AS A RESOURCE FOR ALL PUBLIC SCHOOLS IN THE STATE, TO PROVIDE FOR A GOVERNING BOARD FOR THE SCHOOL, AND TO PROVIDE FOR THE MANNER THE SCHOOL IS ESTABLISHED, OPERATED, AND FUNDED.
Referred to Committee on Education and Public Works
S. 46 (Word version) -- Senators Ford, Elliott, Reese and Branton: A BILL TO AMEND CHAPTER 1, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF OFFICERS OF THE DEPARTMENT OF PUBLIC SAFETY, BY ADDING SECTION 23-1-230 SO AS TO PROVIDE THAT AGENCIES WHICH EMPLOY LAW ENFORCEMENT OFFICERS TO ENFORCE THE TRAFFIC LAWS OF THIS STATE MUST COLLECT AND MAINTAIN CERTAIN DATA RELATING TO VEHICLE TRAFFIC ENFORCEMENT, INCLUDING, BUT NOT LIMITED TO, THE RACE OR ETHNICITY OF THE DRIVER STOPPED.
Referred to Committee on Judiciary
S. 143 (Word version) -- Senators Leatherman and Branton: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.
Referred to Committee on Ways and Means
S. 205 (Word version) -- Senator Matthews: A BILL TO AMEND SECTION 1-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETINGS OF THE MINORITY AFFAIRS COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MUST MEET QUARTERLY AND AS THE CHAIRMAN FINDS NECESSARY INSTEAD OF MEETING AT LEAST MONTHLY.
Referred to Committee on Judiciary
S. 271 (Word version) -- Senators Wilson, Giese and Setzler: A BILL TO AMEND SECTION 12-60-2510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO PROVIDE THAT IN YEARS WHERE THERE IS NO NOTICE OF PROPERTY TAX ASSESSMENT, THE TAXPAYER MUST GIVE THE ASSESSOR WRITTEN NOTICE OF AN OBJECTION ON OR BEFORE MAY FIRST RATHER THAN MARCH FIRST.
Referred to Committee on Ways and Means
The following was introduced:
H. 3709 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION CONGRATULATING LATTA HIGH SCHOOL VIKINGS BOYS BASKETBALL TEAM ON WINNING THE CLASS A STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Easterday Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Lee Littlejohn Lloyd Lourie Lucas Mack McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Parks Perry Quinn Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Townsend Tripp Trotter Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, March 14.
Leon Howard Tracy Edge Michael Thompson Kenneth Kennedy Greg Delleney Lewis Vaughn Joseph Neal H.B. "Chip" Limehouse John Scott Todd Rutherford Becky Martin Bill Cotty Vincent Sheheen George Campsen Fletcher Smith Olin Phillips Dwight Loftis
LEAVE OF ABSENCE
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence due to illness.
Announcement was made that Dr. Frederick Reed of Charleston is the Doctor of the Day for the General Assembly.
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."
Bill Number: H. 3010 (Word version)
Date: ADD:
03/14/01 DELLENEY
Bill Number: H. 3047 (Word version)
Date: ADD:
03/14/01 RODGERS
Bill Number: H. 3252 (Word version)
Date: ADD:
03/14/01 DELLENEY
Bill Number: H. 3462 (Word version)
Date: ADD:
03/14/01 TALLEY
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
Rep. KIRSH proposed the following Amendment No. 11 (Doc Name h-wm\007\1.29 ad lit.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 399, paragraph 1.29, line 4, by striking /Beginning in Fiscal Year 2000-2001,
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. HAYES proposed the following Amendment No. 286 (Doc Name council\skb\amend\18290som01.doc):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION (SDE: SAT Preparation), page 400, paragraph 1.39, line 26, by inserting:
/ The Department of Education shall develop Guidelines for the SAT Award Program recognizing the schools with the highest gain in SAT scores. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HAYES explained the amendment.
Rep. TOWNSEND moved to adjourn debate on the amendment, which was agreed to.
Rep. GOVAN proposed the following Amendment No. 118 (Doc Name h-wm\007\govan 1.42.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 401, paragraph 42, lines 3-8, by striking /The paragraph in its entirety/ and inserting /Notwithstanding any other provision of law, all funding related to the EAA Report Card shall be used for the Parent Child Home Program/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. GOVAN explained the amendment.
Rep. ALLISON moved to table the amendment, which was agreed to.
Rep. GOVAN proposed the following Amendment No. 151 (Doc Name h-wm\007\govan 1.52.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 402, paragraph 52, line 10, by inserting after /area/:
/, the pact scores shall be calculated with and without the scores of students with disabilities with the higher of the two being considered./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. GOVAN explained the amendment.
Rep. J. R. SMITH raised the Point of Order that Amendment No. 151 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment did not relate to the appropriation of funds. He therefore sustained the Point of Order and ruled the amendment out of order.
Reps. TOWNSEND and ALLISON proposed the following Amendment No. 137 (Doc Name h-wm\007\sumschool.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 403, paragraph 62, lines 31-36 and page 404, paragraph 62, lines 1-4, by striking /The provision in its entirety/ and inserting /Funds appropriated for summer school shall be allocated to each local public school district based on the number of academic subject area scores below the basic on the prior year Spring PACT administration for students in grades three through eight. However, for school year 2001-2002, individual student scores on the 2001 PACT shall not be the sole criterion used to determine whether a student on an academic plan the prior year will be placed on probation or retained. Individual student scores on the 2001 PACT shall not be the sole criterion for requiring students to attend summer school. School districts may consider other factors in placing students on academic probation or requiring summer school attendance. Students may not be placed on academic probation or retained based solely on the PACT 2001 test scores. Current year appropriations may be expended for prior year EAA summer school purposes. Local public school districts shall utilize these funds in accordance with the requirements of Section 59-18-500 of the 1976 Code. The State Department of Education is directed to develop or utilize tests to be administered to students on academic probation required to attend summer school. The test shall be such that it can be graded by the district at the completion of summer school. The test shall be a determinate in judging whether the student has the skills to succeed at the next grade level./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. ALLISON explained the amendment.
Rep. HAYES spoke upon the amendment.
The amendment was then adopted.
Rep. GOVAN proposed the following Amendment No. 207 (Doc Name h-wm\007\sde com on transp.doc), which was tabled:
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:
/(SDE: Study Committee on Transportation) Of the funds provided to the Department of Education, there is created a Study Committee on Transportation which shall consist of one member from each of the following: the House Ways and Means Health, Social Services and Medicaid Subcommittee and the Public Education and Special Schools Subcommittee appointed by the Chairman of the Ways and Means Committee, the House of Representatives appointed by the Speaker of the House, the Senate appointed by the President Pro Tempore of the Senate, the Superintendent of Education, and the Governor or his designee.
The purpose of the committee is to study the use of school buses in rural and underserved areas lacking public transportation as a means of providing transportation for the purpose of promoting and improving adult and family literacy. The study committee shall report to the General Assembly by January 2002 on its findings and recommendations./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. GOVAN explained the amendment.
Rep. COTTY moved to table the amendment, which was agreed to by a division vote of 41 to 19.
Reps. ALLISON, HARRELL and WILKINS proposed the following Amendment No. 211 (Doc Name h-wm\007\fs5.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 405, after line 12, by inserting:
/The First Steps program must use the funds appropriated to, authorized for, and/or carried forward by the program to fully fund grants in the order that the applications were properly submitted and approved by the program./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. ALLISON explained the amendment.
Rep. J. E. SMITH spoke against the amendment.
Rep. HARRELL spoke in favor of the amendment.
Rep. J. E. SMITH moved to table the amendment.
Rep. ALLISON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Breeland Brown, J. Cotty Howard Lucas Mack McLeod Neal, J.H. Parks Rivers Rutherford Scott Smith, J.E. Snow Weeks Whatley Whipper
Those who voted in the negative are:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Bowers Brown, G. Brown, R. Campsen Carnell Cato Chellis Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Easterday Edge Emory Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Martin McCraw McGee Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Stille Stuart Talley Thompson Townsend Tripp Trotter Walker Webb White Wilder Wilkins Witherspoon Young, A. Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
For unknown reasons, my vote on Amendment No. 211 was not recorded. I would have voted 'nay' to the tabling of the Amendment. I voted for passage of Amendment No. 211 on a voice vote. I withdrew Amendments 125 and 126 that had the same effect as Amendment No. 211.
Rep. J. Adam Taylor
Rep. HINSON proposed the following Amendment No. 227 (Doc Name council\ggs\amend\22902cm01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 405, paragraph 1.____, by inserting after line 12:
/ 1. (SDE: Local Flexibility) Notwithstanding any other provision of law, for fiscal year 2001-2002, a local school district may exercise flexibility when allocating state appropriated funds for its K-12 programs. /
Renumber paragraphs to conform.
Amend title to conform.
Rep. HINSON explained the amendment.
Rep. COTTY moved to table the amendment, which was agreed to.
Rep. HINSON proposed the following Amendment No. 250 (Doc Name council\ggs\amend\22903cm01.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 405, paragraph 1._____, by inserting after line 12:
/1. (SDE: Innovative Funding) Of the funds appropriated for instructional materials, ten million dollars shall be transferred to innovative funding for school districts. Of the funds appropriated for teacher/principal specialists, thirty million dollars shall be transferred to innovative funding for school districts./
Renumber paragraphs to conform.
Amend titles to conform.
Rep. HINSON explained the amendment.
Rep. STUART spoke in favor of the amendment.
Rep. COTTY moved to table the amendment.
Rep. HAYES demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barrett Brown, J. Campsen Chellis Cooper Cotty Hamilton Harrell Harrison Haskins Keegan Kelley Kirsh Klauber Limehouse Littlejohn Loftis Lourie McCraw Meacham-Richardson Miller Owens Rhoad Rice Riser Rivers Rutherford Sandifer Sharpe Sheheen Simrill Sinclair Smith, J.E. Smith, J.R. Smith, W.D. Snow Talley Taylor Thompson Townsend Tripp Walker White Wilkins
Those who voted in the negative are:
Allen Battle Bingham Bowers Breeland Brown, G. Brown, R. Carnell Cato Clyburn Coates Cobb-Hunter Coleman Dantzler Davenport Delleney Edge Emory Freeman Frye Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Knotts Law Leach Lee Lloyd Lucas Mack McLeod Merrill Neal, J.H. Neal, J.M. Ott Perry Phillips Robinson Rodgers Scarborough Scott Smith, D.C. Smith, F.N. Smith, G.M. Stille Stuart Vaughn Webb Weeks Whatley Whipper Wilder
So, the House refused to table the amendment.
Rep. HARRELL spoke against the amendment.
Rep. HINSON spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. TOWNSEND demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Bowers Brown, R. Dantzler Freeman Frye Harvin Hayes Hines, M. Hinson Huggins Law Lee Lucas McGee McLeod Merrill Owens Scarborough Sheheen Smith, D.C. Smith, F.N. Smith, G.M. Stuart Weeks Wilder
Those who voted in the negative are:
Allison Bales Barfield Barrett Battle Bingham Breeland Brown, G. Brown, J. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Davenport Delleney Edge Emory Fleming Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hines, J. Hosey Jennings Keegan Kelley Kennedy Kirsh Knotts Koon Leach Limehouse Littlejohn Lloyd Loftis Lourie Mack McCraw Meacham-Richardson Miller Neal, J.H. Neal, J.M. Ott Parks Perry Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scott Sharpe Simrill Sinclair Smith, J.E. Smith, J.R. Snow Stille Talley Taylor Thompson Townsend Tripp Trotter Walker Webb Whatley Whipper White Wilkins Young, A.
So, the amendment was rejected.
I was out of the Chamber working on legislation when the roll call vote was taken on Amendment No. 250. Had I been present I would have voted 'yea.'
Rep. W. Jeff Young
Rep. GOVAN proposed the following Amendment No. 297 (Doc Name h-wm\007\sde com on transp#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:
/(SDE: Study Committee on Transportation) Of the funds provided to the Department of Education, there is created a Study Committee on Transportation which shall consist of one member from each of the following: the House Ways and Means Health, Social Services and Medicaid Subcommittee and the Public Education and Special Schools Subcommittee appointed by the Chairman of the Ways and Means Committee, the House of Representatives appointed by the Speaker of the House, the Senate appointed by the President Pro Tempore of the Senate, the Superintendent of Education, and the Governor or his designee.
The purpose of the committee is to study the use of school buses in rural and underserved areas lacking public transportation as a means of providing transportation for the purpose of promoting and improving adult and family literacy. The study committee shall report to the General Assembly by December 3, 2001 on its findings and recommendations./
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Rep. GOVAN explained the amendment.
The amendment was then adopted.
Rep. HAYES proposed the following Amendment No. 286 (Doc Name council\skb\amend\18290som01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION (SDE: SAT Preparation), page 400, paragraph 1.39, line 26, by inserting:
/ The Department of Education shall develop Guidelines for the SAT Award Program recognizing the schools with the highest gain in SAT scores. /
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Rep. HAYES moved to table the amendment, which was agreed to.
Section 1, as amended, was adopted.
Rep. GOVAN proposed the following Amendment No. 120 (Doc Name h-wm\007\govan 1a.9.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 406, paragraph 9, line 25, by striking /Handicapped Student Services/ and inserting /Services for Students with Disabilities/
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Rep. GOVAN explained the amendment.
The amendment was then adopted.
Reps. MACK, J.E. SMITH, MILLER, LLOYD and GOURDINE proposed the following Amendment No. 37 (Doc Name council\swb\amend\5228mm01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION, page 408, paragraph 1A.23, after line 28, by adding:
/It is the intent of this proviso to adjust the index figure used to determine the state minimum salary schedule on an annual basis so as to have the index figure adjusted by fiscal year 2007-2008 on a schedule to be at the national average. The national average teacher salary is the average of the average teachers' salaries of the fifty states./
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Rep. MACK explained the amendment.
Rep. COTTY moved to table the amendment.
Rep. MACK demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 46 to 33.
Reps. HARRELL, WILKINS, ALLISON, KELLEY, MACK, J.E. SMITH, MILLER and LLOYD proposed the following Amendment No. 195 (Doc Name h-wm\007\ph - 409 - 3a.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPT. OF EDUCATION - EIA, page 408, paragraph 23, line 23, by striking /$38,841/ and inserting /$38,573/
Amend the bill further, as and if amended, page 408, paragraph 23, line 24, by striking /$325/ and inserting /$593/
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Rep. HARRELL explained the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bales Barfield Barrett Battle Bingham Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Edge Emory Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack 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 Young, A.
Those who voted in the negative are:
So, the amendment was adopted.
I did not vote because I cannot vote to continue to raise teacher's salaries above the average when other state employees that also help our children and improve education aren't even making Southeastern average salaries.
Rep. Becky Martin
Reps. TOWNSEND and ALLISON proposed the following Amendment No. 176 (Doc Name h-wm\007\town 1a.48.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION, page 414, paragraph 48, line 26, by inserting after /Innovation funding/: /to be distributed in the formula used in the prior fiscal year//
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Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 15 (Doc Name council\gjk\amend\20296sd01.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 416, paragraph 1A.59, line 17, by inserting:
/Each school board of trustees shall have the authority to petition the family court to require parents or legal guardians of students who habitually exhibit disruptive behavior in the classroom to attend parent-teacher conferences, and the jurisdiction of the family court includes authority to hear a petition brought by a school board of trustees to require parents or legal guardians of students who habitually exhibit disruptive behavior in the classroom to attend parent-teacher conferences./
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Rep. KIRSH explained the amendment.
Rep. F. N. SMITH raised the Point of Order that Amendment No. 15 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment did not pass the substantial effect test of Rule 5.3B. He therefore sustained the Point of Order and ruled the amendment out of order.
Reps. TOWNSEND and ALLISON proposed the following Amendment No. 138 (Doc Name h-wm\007\sumschool2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 416, paragraph 64, lines 33-36 & page 417, paragraph 64, lines 1-2, by striking /The provision in its entirety/ and inserting //Funds appropriated for summer school shall be allocated to each local public school district based on the number of academic subject area scores below the basic on the prior year Spring PACT administration for students in grades three through eight. However, for school year 2001-2002, individual student scores on the 2001 PACT shall not be the sole criterion used to determine whether a student on an academic plan the prior year will be placed on probation or retained. Individual student scores on the 2001 PACT shall not be the sole criterion for requiring students to attend summer school. School districts may consider other factors in placing students on academic probation or requiring summer school attendance. Students may not be placed on academic probation or retained based solely on the PACT 2001 test scores. Current year appropriations may be expended for prior year EAA summer school purposes. Local public school districts shall utilize these funds in accordance with the requirements of Section 59-18-500 of the 1976 Code. The State Department of Education is directed to develop or utilize tests to be administered to students on academic probation required to attend summer school. The test shall be such that it can be graded by the district at the completion of summer school. The test shall be a determinate in judging whether the student has the skills to succeed at the next grade level./
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Rep. TOWNSEND explained the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 10 (Doc Name h-wm\007\report_crd.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 417, paragraph 65, line 3, by striking /Education Oversight Committee/ and inserting /Department of Education/
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Rep. KIRSH explained the amendment.
The amendment was then adopted.
Reps. TOWNSEND and ALLISON proposed the following Amendment No. 175 (Doc Name h-wm\007\town 1a.65.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 65, DEPARTMENT OF EDUCATION, page 417, paragraph 65, line 3, by striking /The Education Oversight Committee/ and inserting /The State Department of Education/
Amend the bill further, as and if amended, page 417, paragraph 65, line 4, by inserting:
/School districts must advertise the results of their schools' report cards in an audited newspaper of general circulation in their geographic area./
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Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. BALES proposed the following Amendment No. 237 (Doc Name council\gjk\amend\20338sd01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 417, paragraph 1A., after line 9, by adding a new paragraph appropriately numbered to read:
/1A._____Guidance counselors who are certified by the National Board for Certified Counselors, Inc. (NBCC) shall receive annual increases in pay of seven thousand five hundred dollars beginning with fiscal year 2001-2002 which shall be added to the annual pay of the guidance counselors./
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Rep. BALES explained the amendment.
Rep. ALLISON spoke against the amendment.
Rep. ALLISON moved to table the amendment.
Rep. BALES demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Bingham Bowers Campsen Carnell Cato Chellis Cooper Cotty Dantzler Delleney Edge Fleming Frye Hamilton Harrell Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Lucas McCraw McGee Meacham-Richardson Merrill Owens Perry Quinn Rice Riser Robinson Rodgers Scarborough Sharpe Sinclair Smith, D.C. Smith, J.R. Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb White Wilder Wilkins Young, A.
Those who voted in the negative are:
Allen Bales Battle Breeland Brown, G. Brown, J. Brown, R. Clyburn Emory Freeman Gilham Gourdine Govan Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lee Lloyd Lourie McLeod Miller Neal, J.M. Ott Parks Phillips Rhoad Rivers Sandifer Scott Sheheen Simrill Smith, F.N. Smith, G.M. Smith, J.E. Snow Weeks Whatley Whipper Young, J.
So, the amendment was tabled.
Section 1A, as amended, was adopted.
Rep. DAVENPORT proposed the following Amendment No. 144 (Doc Name h-wm\002\davenport school d&b2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 3, SCHOOL FOR DEAF AND BLIND, page 420, after line 13, by adding an appropriately numbered paragraph to read:
/By September 1, 2001, the State Budget Office of the B&C Board, in consultation with the School for the Deaf and Blind, the Department of Disabilities and Special Needs, and the Department of Mental Health may cause the transfer of residents of the Pioneer Ridge Program to institutional or community based programs at locations other than the school. Prior to August 1, 2001, the school, after public notification, and in consultation with students and other interested parties shall take actions to ensure the safety of all students at the school. The school shall report weekly to the State Budget Office actions being taken by the school to provide for a safe and secure campus for students enrolled at the school./
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Rep. DAVENPORT explained the amendment.
Rep. DAVENPORT spoke in favor of the amendment.
Rep. W. D. SMITH spoke against the amendment.
Rep. TALLEY moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bales Barfield Barrett Battle Bingham Brown, J. Brown, R. Carnell Cato Chellis Cooper Cotty Edge Emory Freeman Frye Gilham Gourdine Harrell Harrison Hinson Hosey Howard Huggins Jennings Kelley Kirsh Klauber Koon Leach Limehouse Littlejohn Lourie Martin McCraw McGee Meacham-Richardson Merrill Miller Neal, J.M. Owens Parks Perry Phillips Rice Riser Rodgers Sandifer Scarborough Scott Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Bowers Campsen Coates Coleman Dantzler Davenport Delleney Hamilton Haskins Hayes Hines, J. Keegan Knotts Lee Lloyd Lucas McLeod Ott Rhoad Rivers Smith, F.N. Snow Stille Whatley
So, the amendment was tabled.
Section 3 was adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 201 (Doc Name h-wm\002\vr 53k blind#2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 7, DEPT. OF VOCATIONAL REHABILITATION, page 438, after line 2, by adding an appropriately numbered paragraph to read:
/ (VR: Transfer to Commission for the Blind) Notwithstanding any other provision of law, the Department of Vocational Rehabilitation is directed to transfer $153,378 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 Commission for the Blind for operating expenses of the commission./
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Rep. RICE moved to table the amendment, which was agreed to.
Rep. COBB-HUNTER proposed the following Amendment No. 208 (Doc Name h-wm\006\vocrehspec.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 7, DEPT. OF VOCATIONAL REHABILITATION, page 438, after line 2, by adding an appropriately numbered paragraph to read:
/(VR: Transfer to Commission for the Blind) Notwithstanding any other provision of law, the Department of Vocational Rehabilitation is directed to transfer $300,000 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 Commission for the Blind./
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Rep. RICE moved to table the amendment, which was agreed to.
Rep. COBB-HUNTER proposed the following Amendment No. 231 (Doc Name h-wm\002\vr 53k blind#2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 7, DEPT. OF VOCATIONAL REHABILITATION, page 438, after line 2, by adding an appropriately numbered paragraph to read:
/ (VR: Transfer to Commission for the Blind) Notwithstanding any other provision of law, the Department of Vocational Rehabilitation is directed to transfer $153,378 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 Commission for the Blind for operating expenses of the commission./
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Rep. RICE moved to table the amendment, which was agreed to.
Rep. COBB-HUNTER proposed the following Amendment No. 233 (Doc Name h-wm\003\vr 53k blind.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 7, DEPT. OF VOCATIONAL REHABILITATION, page 438, after line 2, by adding an appropriately numbered paragraph to read:
/ (VR: Transfer to Commission for the Blind) Notwithstanding any other provision of law, the Department of Vocational Rehabilitation is directed to transfer $53,378 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 Commission for the Blind for operating expenses of the commission./
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Rep. RICE moved to table the amendment, which was agreed to.
Section 7 was adopted.
Reps. QUINN, CLYBURN, CARNELL, RICE, LITTLEJOHN and WALKER proposed the following Amendment No. 295 (Doc Name h-wm\002\quinnawp#3.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES page 443, paragraph 38, on line 21 opposite /DHHS-Medicaid Replace Non-recurring/ by striking /$10,525,000/ and inserting /$34,525,000/
Amend further, after line 28, by inserting: /DHHS - pharmaceutical reimbursement at awp less 10% - $2,500,000/
Amend further, line 29, by striking /$51,190,843/ and inserting /$77,690,843/
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Rep. QUINN explained the amendment.
The amendment was then adopted.
Reps. BARFIELD, ALTMAN, MERRILL, SANDIFER, LEACH, HAMILTON, EASTERDAY, COATES, SIMRILL, FRYE, STILLE, HUGGINS, COOPER, CATO, LOFTIS, BARRETT, TAYLOR, EDGE, CAMPSEN, ALLISON, RISER, WALKER, D.C. SMITH, KOON, PERRY and A. YOUNG proposed the following Amendment No. 127 (Doc Name council\nbd\amend\11376ac01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 445, by adding an appropriately numbered paragraph to read:
/8.___(DHHS: contraceptives) No funds appropriated to the department may be expended to provide contraceptive drugs or devices to unmarried persons./
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Rep. BARFIELD explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Bingham Campsen Carnell Cato Chellis Coates Davenport Delleney Edge Fleming Frye Gilham Hamilton Harrell Haskins Huggins Keegan Kirsh Klauber Knotts Koon Leach Limehouse Littlejohn Lloyd Loftis Lucas Meacham-Richardson Owens Perry Quinn Rice Riser Robinson Sandifer Scarborough Simrill Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Townsend Tripp Trotter Vaughn Walker White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Battle Bowers Breeland Brown, J. Brown, R. Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Emory Freeman Gourdine Govan Harrison Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Jennings Kelley Kennedy Law Lee Lourie Mack Martin McCraw McGee McLeod Merrill Miller Neal, J.M. Ott Parks Phillips Rivers Rodgers Sheheen Sinclair Smith, F.N. Smith, J.E. Stuart Thompson Webb Weeks Wilder
So, the amendment was adopted.
I was in the lobby on the way in when the vote ended on Amendment No. 127. I co-sponsored this amendment and would have voted to approve it.
Rep. Mike Easterday
Reps. ROBINSON, LEACH, DAVENPORT, HASKINS, BARFIELD and CAMPSEN proposed the following Amendment No. 244 (Doc Name h-wm\005\hhs proh abort with exceptions.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 445, after line 15, by adding an appropriately numbered paragraph to read:
/ (HHS: Funding for Abortions Prohibited) No funds appropriated to the department may be expended to procure or offer abortion services, except in cases where the pregnancy is the result of rape or incest or the life of the mother is in jeopardy./
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Rep. ROBINSON explained the amendment.
Rep. QUINN spoke in favor of the amendment.
The amendment was then adopted.
Rep. DAVENPORT proposed the following Amendment No. 145 (Doc Name h-wm\002\hhs-chemab.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 15, by adding an appropriately numbered paragraph to read:
/(DHHS: Prohibit Chemical Abortions) No funds appropriated in Part IA, Section 8, of this act to the Department of Health and Human Services, may be expended to provide birth control methods that cause chemical abortions./
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Rep. DAVENPORT explained the amendment.
Rep. QUINN spoke against the amendment.
Rep. QUINN moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Battle Breeland Brown, G. Brown, J. Carnell Clyburn Cobb-Hunter Cotty Freeman Gourdine Govan Harrison Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kelley Kennedy Kirsh Lee Lourie Mack McCraw Miller Parks Quinn Rhoad Rivers Rodgers Rutherford Scott Smith, D.C. Smith, J.E. Smith, J.R. Stuart Webb Whipper Wilder Witherspoon
Those who voted in the negative are:
Allen Allison Altman Barfield Barrett Bingham Brown, R. Campsen Cato Chellis Coates Cooper Davenport Delleney Easterday Edge Emory Fleming Frye Gilham Hamilton Harrell Haskins Hinson Huggins Keegan Klauber Koon Law Leach Limehouse Littlejohn Lloyd Loftis Martin McGee McLeod Meacham-Richardson Merrill Owens Perry Phillips Rice Riser Robinson Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, F.N. Smith, G.M. Smith, W.D. Snow Stille Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Weeks White Wilkins Young, A. Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 8, as amended, was adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 104 (Doc Name h-wm\003\9.40abst.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 9, DEPT. OF HEALTH AND ENVIRONMENTAL CONTROL, page 453, paragraph 40, lines 5-7, by striking the paragraph in its entirety: / 9.40.(DHEC: Abstinence Education Contract) The agency under contract with the State of South Carolina as of December 2000 and funded with federal and state matching funds under the provisions of Title V, Section 510, must continue to be under contract at the same funding level, for the same purposes for the current fiscal year./
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Rep. COBB-HUNTER explained the amendment.
Rep. QUINN spoke against the amendment.
Rep. QUINN moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bales Barfield Barrett Bingham Bowers Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Harvin Haskins Hinson Huggins Keegan Kelley Klauber Knotts Law Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee Meacham-Richardson Merrill Ott Owens Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Thompson Townsend Tripp Trotter Vaughn Webb White Wilkins Young, A. Young, J.
Those who voted in the negative are:
Allen Breeland Brown, J. Brown, R. Cobb-Hunter Coleman Emory Freeman Gourdine Govan Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lee Lloyd McLeod Miller Neal, J.M. Parks Rhoad Rivers Rutherford Scott Sheheen Smith, F.N. Smith, J.E. Stuart Weeks Whipper Wilder
So, the amendment was tabled.
Rep. J. E. SMITH raised the Point of Order that Section 9.40 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the section was directly germane to the appropriation of funds and he overruled the Point of Order.
Rep. COBB-HUNTER proposed the following Amendment No. 234 (Doc Name h-wm\002\cobb-hunter abst.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 9, DEPT. OF HEALTH AND ENVIRONMENTAL CONTROL, page 453, paragraph 40, lines 5 - 7, by striking and Inserting /During the current fiscal year, funds available to the State under Title V, Section 510 must be offered for bids to any willing competitive providers/
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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:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Bingham Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Harvin Haskins Hinson Huggins Keegan Kelley Klauber Knotts Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee Meacham-Richardson Merrill Owens Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley White Wilkins Young, A. Young, J.
Those who voted in the negative are:
Battle Breeland Brown, R. Clyburn Cobb-Hunter Emory Freeman Gourdine Govan Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lloyd McLeod Miller Neal, J.M. Parks Rhoad Rutherford Scott Sheheen Smith, F.N. Smith, J.E. Weeks Whipper
So, the amendment was tabled.
Rep. KIRSH proposed the following Amendment No. 135 (Doc Name h-wm\002\dhec food prep.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 9, DEPT. OF HEALTH & ENVIRONMENTAL CONTROL, page 454, after line 10, by adding an appropriately numbered paragraph to read:
/(Church/Charitable Organization Food Preparation) Notwithstanding the provisions of Regulation 61-25, for purposes of regulation of food preparation and service by the Department of Health and Environmental Control, a retail food establishment does not include a church or charitable organization that prepares and serves food to the public on their own premises at not more than one function a month or not more than twelve functions a year./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KIRSH explained the amendment.
Rep. RICE raised the Point of Order that Amendment No. 135 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment passed the substantial effect test of Rule 5.3B. He therefore sustained the Point of Order and ruled the amendment out of order.
Reps. BARFIELD, ALTMAN, MERRILL, SANDIFER, LEACH, HAMILTON, COATES, KOON, SIMRILL, EASTERDAY, FRYE, STILLE, HUGGINS, PERRY, LOFTIS, A. YOUNG, D.C. SMITH, CATO, COOPER, CAMPSEN, BARRETT, TAYLOR, EDGE, WALKER, ALLISON and RISER proposed the following Amendment No. 128 (Doc Name council\nbd\amend\11375ac01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 454, by adding an appropriately numbered paragraph to read:
/9.___(DHEC: contraceptives) No funds appropriated to the department may be expended to provide contraceptive drugs or devices to unmarried persons./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. BARFIELD explained the amendment.
The amendment was then adopted.
Reps. CARNELL, KLAUBER and PARKS proposed the following Amendment No. 251 (Doc Name h-wm\002\carnell dhec bio.doc):
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 454, after line 10, by adding an appropriately numbered paragraph to read: / (DHEC: Biotechnology Research Center) From the General Funds appropriated to the agency, the Department of Health and Environmental Control must transfer $600,000 to the SC Biotechnology Research Center for the current fiscal year./
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Amend totals and titles to conform.
Rep. KLAUBER explained the amendment.
Rep. QUINN spoke upon the amendment.
Rep. QUINN moved to adjourn debate on the amendment, which was agreed to.
Rep. HARRELL moved that the House recede until 2:45 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments to Section 9, Part IB.
At 2:45 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. HARRELL moved that when the House adjourns it adjourn to meet at 9:30 a.m. tomorrow, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of amendments to Section 9, Part IB.
Reps. ROBINSON, DAVENPORT, HASKINS, LEACH, LOFTIS and BARFIELD proposed the following Amendment No. 261 (Doc Name council\nbd\amend\11386ac01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 454, by adding an appropriately numbered paragraph immediately after line 10 to read:
/(A) Notwithstanding any other provision of law, the Department of Health and Environmental Control shall develop a data base into which a parent, legal guardian, or one acting in loco parentis to a child under sixteen years of age may register a written objection with the department prohibiting the department or any other agency or department of the State from providing condoms or other types of contraceptives to their child under sixteen years of age.
The department shall publish and distribute informational brochures to schools, physicians, and health care agencies and facilities which include procedures for registration and shall provide access to this information to any department or agency of the State that provides condoms or other contraceptives to minors.
(B) Notwithstanding any other provision of law, the Department of Health and Environmental Control, any other state agency or department, or a person acting on behalf of an agency or department may not distribute or use funds appropriated to it for family planning and STD/HIV control for the distribution of condoms or other types of contraceptives to a child under sixteen years of age if the child's parent, legal guardian, or one acting in loco parentis has registered an objection with the Department of Health and Environmental Control pursuant to subparagraph (A)./
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Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Reps. ROBINSON, DAVENPORT, HASKINS, LEACH, LOFTIS, BARFIELD and MCGEE proposed the following Amendment No. 281 (Doc Name council\BBM\amend\10085ac01.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 454, after line 10, by adding an appropriately numbered paragraph to read:
/ 9.___(Parental notification of sexually transmitted disease) Notwithstanding any other provision of law, information and records held by the department and its agents relating to a known or suspected case of a sexually transmitted disease are strictly confidential and must not be released or made public, upon subpoena or otherwise, except that in cases involving a minor, the name of the minor and medical information concerning the minor must be reported to the parents or guardian of the minor or to a person standing in loco parentis to the minor, if the minor has a known case of a sexually transmitted disease, and to appropriate agents if a report is required by the Child Protection Act of 1977. No further information is required to be released by the department. If a minor has Acquired Immunodeficiency Syndrome (AIDS) or is infected with Human Immunodeficiency Virus (HIV), the virus that causes AIDS, and is attending the public schools, the superintendent of the school district and the nurse or other health professional assigned to the school the minor attends must be notified. /
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Rep. ROBINSON explained the amendment.
Rep. F. N. SMITH raised the Point of Order that Amendment No. 281 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment did not pass the substantial effect test of Rule 5.3B. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. KIRSH proposed the following Amendment No. 315 (Doc Name h-wm\002\dhec food prep#2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPT. OF HEALTH & ENVIRONMENTAL CONTROL, page 454, after line 10, by adding an appropriately numbered paragraph to read:
/(Church/Charitable Organization Food Preparation) The Department of Health and Environmental Control shall not use any funds appropriated or authorized to the department to enforce Regulation 61-25 to the extent that the regulation would prohibit churches and charitable organizations from preparing and serving food to the public on their own premises at not more than one function a month or not more than twelve functions a year./
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Rep. KIRSH explained the amendment.
The amendment was then adopted.
Reps. CARNELL, KLAUBER and PARKS proposed the following Amendment No. 251 (Doc Name h-wm\002\carnell dhec bio.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 454, after line 10, by adding an appropriately numbered paragraph to read: / (DHEC: Biotechnology Research Center) From the General Funds appropriated to the agency, the Department of Health and Environmental Control must transfer $600,000 to the SC Biotechnology Research Center for the current fiscal year./
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Rep. KLAUBER moved to table the amendment, which was agreed to.
Reps. ROBINSON, DAVENPORT, HASKINS, LEACH, LOFTIS, BARFIELD and MCGEE proposed the following Amendment No. 317 (Doc Name council\BBM\amend\10085ac01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 454, after line 10, by adding an appropriately numbered paragraph to read:
/ 9.___(Parental notification of sexually transmitted disease) Of the funds appropriated to DHEC, the department shall collect and hold information and records relating to a known or suspected case of a sexually transmitted disease. This information is strictly confidential and it must not be released or made public, upon subpoena or otherwise, except in cases involving a minor, the name of the minor and medical information concerning the minor must be reported by DHEC to the parents or guardian of the minor or to a person standing in loco parentis to the minor, if the minor has a known case of a sexually transmitted disease, and to appropriate agents if a report is required by the Child Protection Act of 1977. No further information is required to be released by the department. If a minor has Acquired Immunodeficiency Syndrome (AIDS) or is infected with Human Immunodeficiency Virus (HIV), the virus that causes AIDS, and is attending the public schools, the superintendent of the school district and the nurse or other health professional assigned to the school the minor attends must be notified. /
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Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Section 9, as amended, was adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 229 (Doc Name h-wm\003\dmh 750k daodas.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 10, DEPT. OF MENTAL HEALTH, page 456, after line 28, by adding an appropriately numbered paragraph to read:
/ (DMH: Transfer to DAODAS) Notwithstanding any other provision of law, the Department of Mental Health is directed to transfer $750,000 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 Alcohol and Other Drug Abuse Services to offset the department's budget reduction./
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Rep. COBB-HUNTER explained the amendment.
Rep. RICE moved to table the amendment, which was agreed to.
Section 10 was adopted.
Rep. HOWARD proposed the following Amendment No. 194 (Doc Name h-wm\002\howard birthparents.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 11, DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, page 458, paragraph , after line 2, by adding an appropriately numbered paragraph to read:
/(DDSN: Birth Parent Benefits) Birth parents who care for their own children at home must be entitled to the same benefits provided by the department to foster parents who care for foster children in their home./
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Rep. F. N. SMITH raised the Point of Order that Amendment No. 194 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Section 11 was adopted.
Rep. KIRSH proposed the following Amendment No. 98 (Doc Name h-wm\004\27kirspr.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 27, DEPT. OF COMMERCE, page 480, paragraph 27.16, lines 9-10, by striking: the paragraph in its entirety.
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Rep. KIRSH explained the amendment.
The amendment was then adopted.
Reps. KNOTTS, KOON, HARRISON, D.C. SMITH, A. YOUNG, WILKINS, HARRELL and QUINN proposed the following Amendment No. 283 (Doc Name h-wm\003\cmrc st plane study.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 481, after line 28, by adding an appropriately numbered paragraph to read:
/ (CMRC: State Airplane Study) A study committee consisting of three members of the Senate, appointed by the President Pro Tempore of the Senate and three members of the House of Representatives, appointed by the Speaker of the House shall study the usage of State planes and leasing contracts. Staff support shall be provided to the study committee from the Senate Finance Committee and the House Ways and Means Committee as needed. Expenses of the committee shall be paid from funds available to the Department of Commerce and shall not exceed $1,000. A report containing findings and recommendations shall be submitted to the Chairman of the Senate Finance Committee and the Chairman of the Ways and Means Committee by February 1, 2002. /
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Rep. KNOTTS explained the amendment.
The amendment was then adopted by a division vote of 52 to 26.
Section 27, as amended, was adopted.
Rep. SCOTT proposed the following Amendment No. 255 (Doc Name h-wm\005\scott pdc 2.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 30, JUDICIAL DEPARTMENT, page 483, paragraph 14, line 4, by reinserting the new paragraph to read:
/30.14. (JUD: Pilot Drug Treatment Court) The Judicial Department is directed to establish and operate a pilot drug treatment court program. /
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Rep. SCOTT explained the amendment.
Rep. F. N. SMITH raised the Point of Order that Amendment No. 255 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. WHIPPER proposed the following Amendment No. 289 (Doc Name council\pt\amend\1302mm01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 30, JUDICIAL DEPARTMENT, page 482, beginning on line 31, by striking paragraph 30.12 (JUD: Interpreters) in its entirety.
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Rep. WHIPPER explained the amendment.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Section 30 was adopted.
Rep. ROBINSON proposed the following Amendment No. 169 (Doc Name h-wm\005\33.7idt.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 33, PROSECUTION COORDINATION COMMISSION, page 486, paragraph 7, lines 29-30, by striking / Of the Other Operating funds appropriated to the Prosecution Coordination Commission, $24,000 shall be transferred to the Office of Indigent Defense for operating expenses of the office./ and inserting /Of the Other Operating funds appropriated to the Prosecution Coordination Commission, $24,000 shall be used by the Commission for Judicial Circuits State Support and $24,000 shall be transferred to the Commission on Indigent Defense for operating expenses of the office./
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Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Section 33, as amended, was adopted.
Rep. ROBINSON proposed the following Amendment No. 312 (Doc Name h-wm\005\doc farm pgm.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 494, paragraph 2, line 16, by inserting at the end a phrase to read:
/or at the discretion of the director, for projects or services benefiting the general welfare of the inmate population/
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Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 313 (Doc Name h-wm\005\doc habilitation unit.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 494, paragraph 4, line 22, by inserting at the end a phrase to read:
/or at the discretion of the director, for projects or services benefiting the general welfare of the inmate population/
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Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 314 (Doc Name h-wm\005\doc surplus farm produce.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 495, paragraph 11, line 13, by inserting at the end a phrase to read:
/or at the discretion of the director, for projects or services benefiting the general welfare of the inmate population/
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Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 311 (Doc Name h-wm\005\doc timber.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 496, paragraph 18, line 12, by inserting at the end a phrase to read:
/or at the discretion of the director, for projects or services benefiting the general welfare of the inmate population/
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Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Rep. G. BROWN proposed the following Amendment No. 256 (Doc Name council\skb\amend\18291som01.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 498, by inserting a new paragraph immediately after line 2, to read:
/ 37.__ (CORR: Marksmanship requirement) Employees of the Department of Corrections who have been employed by the department at least ten years are not required to meet the marksmanship requirements established by the department. /
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Rep. G. BROWN explained the amendment.
Rep. F. N. SMITH raised the Point of Order that Amendment No. 256 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. COOPER proposed the following Amendment No. 288 (Doc Name h-wm\001\dt cooper trust fund.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 495, paragraph 8, lines 1 and 3, by striking / E. H. Cooper Trust Fund/ and inserting / D. T. Cooper Trust Fund/
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Rep. KELLEY moved to table the amendment, which was agreed to.
Section 37, as amended, was adopted.
Rep. HARRISON raised the Point of Order that Section 39.9 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ordered the section stricken from the Bill.
Rep. HARRISON raised the Point of Order that Section 39.10 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ordered the section stricken from the Bill.
Rep. HARRISON raised the Point of Order that Section 39.13 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ordered the section stricken from the Bill.
Rep. HARRISON raised the Point of Order that Section 39.14 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ordered the section stricken from the Bill.
Rep. FLEMING proposed the following Amendment No. 263 (Doc Name council\gjk\amend\20348sd01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 501, by adding at the end of paragraph 39.15 /The Department of Juvenile Justice in allocating the base budget reductions pursuant to this paragraph shall not cut or reduce any wilderness programs./
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Rep. FLEMING explained the amendment.
Rep. COBB-HUNTER moved to table the amendment.
Rep. FLEMING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bales Barfield Battle Bingham Breeland Brown, J. Brown, R. Chellis Clyburn Cobb-Hunter Cooper Dantzler Edge Emory Frye Gourdine Govan Harrell Haskins Hayes Hines, M. Hosey Huggins Jennings Keegan Kelley Knotts Lee Littlejohn Lloyd Lourie Mack McCraw McLeod Neal, J.M. Ott Parks Perry Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Smith, D.C. Smith, J.E. Smith, J.R. Smith, W.D. Stuart Talley Thompson Townsend Trotter Webb Weeks Whatley Whipper White Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Altman Barrett Bowers Campsen Cato Coates Davenport Delleney Fleming Freeman Hamilton Harrison Harvin Hinson Kirsh Law Leach Loftis Lucas Martin McGee Meacham-Richardson Merrill Miller Owens Phillips Rivers Scarborough Sharpe Sheheen Simrill Sinclair Smith, F.N. Smith, G.M. Stille Taylor Tripp Walker Young, J.
So, the amendment was tabled.
Section 39 was adopted.
Section 53 was adopted.
Rep. GOVAN proposed the following Amendment No. 178 (Doc Name h-wm\008\govanrev#4.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 59, COMPTROLLER GENERAL'S OFFICE, page 531, paragraph 9, lines 8-12, by striking the paragraph in its entirety and inserting
/59.9. (CG: Special Revenue Funds Transfer) The Comptroller General upon the closing of the books for fiscal year 2000-01, shall transfer to the General Fund for FY 2001-02, $27,483,871 from agency earmarked subfund accounts designated "Special Revenue Funds." The Comptroller General shall determine the amount to be transferred from each agency on a pro-rata basis of the total amount of funds in these accounts at the close of the books for FY 2000-01. Colleges, universities and technical colleges are exempted from this provision. The appropriations in Part IA, Section 5J, South Carolina State University, of the General Appropriation Act for Fiscal Year 2001-02, are increased by $1,300,000 non-recurring appropriations for the following purposes: $500,000 for match for the University Transportation Center and $800,000 for Health and Safety Remediation./
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Rep. GOVAN explained the amendment.
Rep. KELLEY moved to table the amendment, which was agreed to.
Section 59 was adopted.
Section 63B was adopted.
Rep. OTT proposed the following Amendment No. 48 (Doc Name council\bbm\amend\10009htc01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63C, BUDGET & CONTROL BOARD, DIVISION OF BUDGET AND ANALYSES, page 545, paragraph 63C.9, line 7, by striking lines 10 through 36 and inserting:/ All classified and unclassified state employees and officers shall receive an equal dollar amount pay raise effective on July 1, 2001. From funds appropriated in this act for employee pay raises, the Division of Budget and Analyses shall calculate the pay raise each employee or officer shall receive. /
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Rep. OTT explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas McGee Meacham-Richardson Merrill Owens Perry Quinn Rice Riser Robinson Sandifer Scarborough Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Talley Taylor Thompson Tripp Trotter Webb Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Bales Battle Brown, G. Brown, J. Brown, R. Clyburn Coates Cobb-Hunter Coleman Emory Freeman Govan Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lee Lloyd Lourie Mack Martin McLeod Miller Neal, J.M. Ott Parks Phillips Rhoad Rivers Rodgers Rutherford Scott Sheheen Smith, F.N. Smith, J.E. Snow Stille Stuart Townsend Weeks
So, the amendment was tabled.
Rep. SCOTT proposed the following Amendment No. 51 (Doc Name council\swb\amend\5236htc01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63C, BUDGET & CONTROL BOARD, DIVISION OF BUDGET & ANALYSES, page 545, paragraph 63C.9, line 36, by inserting:
/7. Of amounts appropriated for employee pay raises, $3,312,000 must be used to provide a base salary increase of $75 for every state employee effective July 1, 2001. This pay increase is added after any other base pay increase effective on that date./
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Rep. SCOTT explained the amendment.
Rep. SIMRILL moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bingham Campsen Cato Chellis Coates Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Harrell Harrison Haskins Hinson Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas McCraw McGee Meacham-Richardson Merrill Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, W.D. Stille Talley Taylor Thompson Tripp Trotter Vaughn Walker White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Allen Bales Battle Breeland Brown, G. Brown, J. Brown, R. Clyburn Gourdine Govan Hayes Hines, J. Hines, M. Hosey Jennings Lee Lloyd Lourie Mack Martin McLeod Miller Ott Parks Rivers Rutherford Scott Smith, J.E. Snow Stuart Webb Weeks
So, the amendment was tabled.
Rep. SCOTT proposed the following Amendment No. 53 (Doc Name council\nbd\amend\11371htc01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63C, BUDGET & CONTROL BOARD, DIVISION OF BUDGET AND ANALYSES, page 545, paragraph 63C.9, line after line 36, by inserting:
/7. Of amounts appropriated for employee pay raises, $5,000,000 must be used to provide a base pay increase of $259 effective July 1, 2001 for every fulltime state employee with an annual salary of less than $25,000 as of June 30, 2001. This base pay increase is added after any other base pay increase effective July 1, 2001./
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Rep. SCOTT explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Bingham Campsen Cato Chellis Coates Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Hamilton Harrell Harrison Hinson Huggins Keegan Kelley Kirsh Klauber Koon Law Leach Limehouse Littlejohn Loftis Lucas McCraw McGee Meacham-Richardson Merrill Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Stuart Talley Taylor Thompson Tripp Trotter Vaughn Walker Whatley White Wilder Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Allen Battle Breeland Brown, G. Brown, R. Freeman Gourdine Govan Hayes Hines, J. Hines, M. Hosey Jennings Lloyd Mack McLeod Miller Parks Rivers Rutherford Scott Snow Stille Webb Weeks Whipper
So, the amendment was tabled.
Rep. KIRSH proposed the following Amendment No. 96 (Doc Name h-wm\003\63c-payplan.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63C, B&C BOARD, DIVISION OF BUDGET AND ANALYSES, page 545, paragraph 9, lines 7-36, by striking /the proviso in its entirety/ and inserting:
/63C.9. (BCB/DBA: OHR - Employee Pay) The amounts appropriated to the Budget and Control Board for Employee Pay Increases must be allocated by the Board to the various state agencies to provide for employee pay increases in accordance with the following plan:
1. With respect to classified and non judge judicial classified employees, effective on the first pay date that occurs on or after July 1 of the current fiscal year, the compensation of all classified employees shall be increased by 2.5% 2%.
In addition, the Budget and Control Board shall distribute funds appropriated for a merit increase so as to provide for an average 1% merit increase for classified and non judge judicial classified employees, effective on the beginning of the pay period coincident with or immediately following the employee's performance review date. The amount of the merit increase shall be based on the most recent Employee Performance Management System (EPMS) evaluation and shall be determined based on a plan developed by the agency director. An employee may file a grievance if the employee receives less than "meets performance" on the employee performance review or is denied a merit increase based on performance.
2. With respect to unclassified and non judge judicial unclassified employees or unclassified executive compensation system employees not elsewhere covered in this Act, effective on the first pay date that occurs on or after July 1 of the current fiscal year, each agency is authorized to allot the total funds for compensation increases among individual employees without uniformity. The funds provided for compensation increases for any employees subject to the provisions of this paragraph are based on an annual average 3% 2% increase. All of the salaries are subject to the provisions of Section 72.29 of Part IB of this Act and Office of Human Resources' approval must be obtained before any employees subject to the provisions of this paragraph may be granted an annual pay increase in excess of the guidelines established by the Budget & Control Board. Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs 1, 3, 4, 5, or 6 or 7.
3. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission shall recommend to the Budget and Control Board salary increases for agency heads. Agency head increases shall be effective on the first pay date that occurs on or after January 1 of the current fiscal year. No agency head shall be paid less than the minimum of the pay increase range nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay range.
4. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, agency heads not covered by the Agency Head Salary Commission, shall receive an annualized base pay increase of 3% 2%.
5. With respect to local health care providers, the funds provided for compensation increases shall be based on an annual average 2.5% 2% increase, effective on the first pay date that occurs on or after July 1 of the current fiscal year.
6. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, the Chief Justice and other judicial officers shall receive an annualized base pay increase of 2%. /
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Rep. KIRSH explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. KIRSH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Bingham Breeland Campsen Cato Chellis Coates Cooper Cotty Dantzler Delleney Easterday Edge Fleming Frye Gourdine Harrell Harrison Hinson Huggins Keegan Kelley Klauber Knotts Koon Leach Limehouse Lourie Lucas Mack Martin McCraw McGee Meacham-Richardson Merrill Owens Perry Quinn Rice Riser Robinson Sandifer Scarborough Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Talley Taylor Thompson Tripp Trotter Vaughn Webb Whatley Whipper White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Bales Battle Brown, G. Clyburn Coleman Davenport Emory Freeman Hamilton Hayes Hines, J. Hines, M. Hosey Kirsh Littlejohn Lloyd Miller Neal, J.M. Ott Phillips Rivers Rodgers Rutherford Scott Sheheen Simrill Smith, F.N. Smith, J.E. Snow Stille Stuart Walker Weeks
So, the amendment was tabled.
Rep. SCOTT proposed the following Amendment No. 197 (Doc Name council\bbm\amend\10032htc01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63C, BUDGET & CONTROL BOARD, page 545, paragraph 63C.9, line 7, by striking the proviso in its entirety and inserting:
/ 63C.9. (BCB/DBA: OHR - Employee Pay) The amounts appropriated to the Budget and Control Board for Employee Pay Increases must be allocated by the board to the various state agencies to provide relief from budget cuts and must be spread among state agencies in proportion to their personnel services funding. /
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Rep. SCOTT explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Bingham Campsen Carnell Cato Chellis Coates Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Hamilton Harrell Harrison Hayes Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Leach Limehouse Littlejohn Lourie Lucas Martin McCraw McGee Meacham-Richardson Merrill Miller Ott Owens Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Talley Taylor Thompson Tripp Trotter Vaughn Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Battle Breeland Brown, G. Brown, R. Freeman Govan Hines, M. Hosey Howard Jennings Lee Lloyd Mack McLeod Parks Rivers Scott Snow Stuart Webb Weeks Whipper
So, the amendment was tabled.
Reps. QUINN and KELLEY proposed the following Amendment No. 280 (Doc Name h-wm\003\63c9 medicaid workerstwo.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63C, B&C BOARD, DIVISION OF BUDGET AND ANALYSES, page 545, paragraph 9, line 25, by striking /1, 3, 4, 5, or 6 or 7/ and inserting /1, 3, 4, 5, 6, or 7/
Amend the bill further, as and if amended, page 545, paragraph 9, after line 36, by inserting:
/ 7. With respect to Medicaid eligibility workers employed by the Department of Social Services, compensation and merit increases shall be provided in the same manner as that provided for classified employees in paragraph 1./
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Rep. QUINN explained the amendment.
The amendment was then adopted.
Section 63C, as amended, was adopted.
Section 63F was adopted.
Reps. ROBINSON, LEACH, DAVENPORT, HASKINS and BARFIELD proposed the following Amendment No. 245 (Doc Name h-wm\005\63g proh abort.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63G, B&C BOARD - EMPLOYEE BENEFITS, page 554, after line 8, by adding an appropriately numbered paragraph to read:
/ (BCB/EB: Funding Abortions Prohibited) No funds appropriated for employer contributions to the State Health Insurance Plan may be expended to reimburse the expenses of an abortion, except in cases of rape, incest or where the life of the mother is in jeopardy, and the State Health Plan may not offer coverage for abortion services./
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Rep. ROBINSON explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. EASTERDAY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Battle Bingham Brown, G. Campsen Cato Chellis Coates Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Freeman Frye Hamilton Harrell Harrison Haskins Hayes Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Leach Limehouse Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Ott Owens Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Webb Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Breeland Brown, J. Brown, R. Cobb-Hunter Gourdine Hines, J. Hines, M. Hosey Lee Lloyd Mack Parks Rutherford Smith, J.E. Weeks Whipper
So, the amendment was adopted.
Section 63G, as amended, was adopted.
Rep. QUINN proposed the following Amendment No. 117 (Doc Name h-wm\009\dor-intnet.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 64, DEPARTMENT OF REVENUE, page 556, after line 17, by adding an appropriately numbered paragraph to read:
/64.__(DOR: Internet Tax Prohibited)
(A) Except as otherwise provided in this paragraph, neither this State nor any political subdivision of this State may impose, assess, or attempt to collect any tax or fee directly or indirectly on:
(1) the Internet or interactive computer services; or
(2) the use of the Internet or interactive computer services.
(B) This paragraph does not apply to:
(1) state income taxes imposed on and measured by net income derived from the Internet or interactive computer services;
(2) fairly apportioned business license taxes applied to businesses that have a business location in counties and municipalities; and
(3) does not affect the authority of this State to impose a sales or use tax on sales or other transactions effected by use of the Internet or interactive computer services if:
(a) the tax is the same as the tax imposed and collected by this State or on sales or interstate transactions effected by mail order, telephone, or other remote means within its taxing jurisdiction; and
(b) the obligation to collect the tax from sales or other transactions effected by use of the Internet or interactive computer services is imposed on the same person or entity as in the case of sales or transactions effected by mail order, telephone, or other remote means.
(C) As used in this paragraph:
(1) 'Internet; Interactive Computer Service' have the meaning given such terms by paragraphs (1) and (2), respectively, of Section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e)).
(2) 'Tax' means any tax, license, or fee that is imposed by any governmental entity and the imposition on the seller of an obligation to collect and remit a tax imposed on the buyer.//
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Rep. QUINN explained the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 117 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Section 64 was adopted.
Rep. KELLEY proposed the following Amendment No. 290 (Doc Name h-wm\003\ascg salary supplements.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 69A, AID TO SUBDIVISIONS, COMPTROLLER GENERAL, page 558, paragraph 1, line 15, after /$16,649/ by striking /on the salary of/ and inserting /as a salary supplement to/
Amend the bill further, as and if amended, line 17, after /county/ by inserting /as salaries/
Amend the bill further, as and if amended, line 19, by striking /These salaries/ and inserting /The salary supplement for each county auditor and county treasurer/
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Rep. KELLEY explained the amendment.
The amendment was then adopted.
Rep. LLOYD proposed the following Amendment No. 94 (Doc Name h-wm\008\lloydprop#2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 69A, AID TO SUBDIVISIONS, COMPTROLLER GENERAL, page 558, after line 23, by adding an appropriately numbered paragraph to read:
/(Trust Fund for Tax Relief) notwithstanding the provisions of Sections 11-11-150 and 12-37-251 of the 1976 Code, for FY 2001-02, $17,998,095 for an average 1% merit pay increase for state employees, effective on the beginning of the pay period coincident with or immediately following the employee's performance review date, $2,900,000 for South Carolina State University educational and general expenditures, and $16,500,000 for the Department of Education for School Technology shall be appropriated from the Trust Fund for Tax Relief. The reimbursements to school districts required pursuant to Section 12-37-251(B)(2) of the 1976 Code are proportionally decreased by the $37,398,095 appropriated above. School districts may receive reimbursements less than the actual reimbursement amount they received in FY 1998-99. /
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Rep. LLOYD explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. RUTHERFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Bingham Campsen Carnell Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Neal, J.M. Owens Perry Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Battle Breeland Brown, G. Brown, J. Brown, R. Clyburn Cobb-Hunter Gourdine Govan Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lloyd Mack Miller Ott Parks Rhoad Rivers Rutherford Scott Smith, F.N. Stille Stuart Weeks Whipper
So, the amendment was tabled.
Section 69A, as amended, was adopted.
Rep. KELLEY proposed the following Amendment No. 205 (Doc Name h-wm\003\72.75 downsz.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 580, paragraph 75, lines 25-35, by amending the paragraph to read:
/72.75.(GP:Downsizing/Realigning Resources) State agencies may implement, in consultation with the Office of Human Resources of the Budget and Control Board, a program to realign resources to include provisions for a separation incentive payment for employees which may include the employer portion of health and dental benefits not to exceed one year. Employees participating in such program shall not be eligible to participate in the Teacher and Employee Retention Incentive (TERI) program or the LEORI program for employees in the Police Officer Retirement System. Employees participating in the TERI program or the LEORI program, and agency heads shall not be eligible to receive these incentives. Any program developed under this provision will involve voluntary participation from employees and will be funded within existing appropriations. The program must be approved by the agency head and the Director of the Division of Budget and Analyses based on ability to demonstrate recurring cost savings for realignment and/or permanent downsizing. State agencies shall report the results to the Budget and Control Board by March 15, 2002. The Budget and Control Board shall report to the Senate Finance Committee and the House Ways and Means Committee on these results./
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Rep. KELLEY explained the amendment.
The amendment was then adopted.
Rep. W. D. SMITH proposed the following Amendment No. 139 (Doc Name council\nbd\amend\11377ac01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 584, by adding an appropriately numbered paragraph to read:
/72. ____(GP: Federal Matching Funds) All state agencies shall conduct a study to determine what federal matching funds are or may be available to the agency and shall report its findings to the General Assembly before October 1, 2001./
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Rep. W. D. SMITH explained the amendment.
The amendment was then adopted.
Rep. KELLEY proposed the following Amendment No. 91 (Doc Name h-wm\003\72.85 furlough3.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 582, paragraph 85, lines 14-23, by striking the paragraph in its entirety and inserting:
/ 72.85. (GP: Voluntary 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 a state agency are less than the general funds appropriated for that agency 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 may institute a voluntary employee furlough program of not more than ninety days per fiscal year. During this voluntary furlough, the state 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, the state agencies, institutions and departments will be responsible for making both employer and employee contributions; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions. In the event an agency's reduction is due solely to the General Assembly transferring or deleting a program, this provision does not apply./
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Rep. KELLEY explained the amendment.
The amendment was then adopted.
Rep. RODGERS proposed the following Amendment No. 12 (Doc Name h-wm\007\holiday.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 583 lines 29-35 and page 584 lines 1-11, paragraph 91, by striking the paragraph in its entirety.
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Rep. RODGERS explained the amendment.
Rep. LOURIE moved to table the amendment.
Rep. KELLEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barrett Battle Bingham Breeland Brown, J. Campsen Carnell Cato Chellis Clyburn Coates Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Frye Gourdine Govan Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Littlejohn Lloyd Lourie Lucas Mack Martin McCraw McGee Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Parks Phillips Quinn Rice Riser Rutherford Sandifer Scarborough Scott Sharpe Simrill Sinclair Smith, D.C. Smith, F.N. Smith, J.E. Smith, J.R. Smith, W.D. Snow Talley Taylor Thompson Townsend Tripp Trotter Weeks Whatley White Wilder Wilkins Young, A.
Those who voted in the negative are:
Bowers Brown, G. Brown, R. Davenport Freeman Lee Limehouse Loftis McLeod Perry Rhoad Rivers Robinson Rodgers Sheheen Smith, G.M. Stille Stuart Walker Webb Whipper Witherspoon Young, J.
So, the amendment was tabled.
Rep. SCOTT proposed the following Amendment No. 206 (Doc Name h-wm\001\72.90 scott.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 583, paragraph 90, lines 8 - 28, by striking the paragraph in its entirety.
/72.90. (GP: Sales Tax on Food) (A) Notwithstanding the rates of tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, is four percent for sales from July 1, 2001, through December 31, 2001, three percent for such sales from January 1, 2002, through December 31, 2002, two percent for such sales from January 1, 2003, through December 31, 2003, and one percent for such sales from January 1, 2004, through December 31, 2004. Effective January 1, 2005, food items eligible for purchase with United States Department of Agriculture food coupons are exempt from the taxes imposed pursuant to Chapter 36, Title 12 of the 1976 Code, but this exemption does not apply for local sales and use taxes except where such taxes specifically exempt these items. Eighty percent of the revenues from sales taxes raised by the special tax rates provided by this paragraph must be credited to the general fund of this State and used as sales taxes are used, and the remainder must be credited to the Education Improvement Act Fund. Except where otherwise exempt, the local sales and use taxes authorized by law continue to apply to those sales subject to the reduced state rate of tax provided in this paragraph.
(B) General fund revenues in an amount equal to the revenue that would have been derived from the sales tax if the exemption provided in this paragraph had not been authorized for food items which may be purchased lawfully with USDA food coupons must be deposited from the state general fund by the Comptroller General to the Educational Improvement Act fund established in Section 59-21-1010 of the 1976 Code and for appropriations for the support of the public school system which includes the following: Department of Education, State Board for Technical and Comprehensive Education, Educational Television Commission, Wil Lou Gray Opportunity School, School for the Deaf and the Blind, John de la Howe School, debt service on capital improvement bonds applicable to the above agencies, debt service on school bonds, and other school purposes provided by law. The revenue that would have been derived from the sales tax if the exemption provided for herein had not been authorized for food items which may be purchased lawfully with USDA food coupons shall nevertheless be considered as general retail sales tax revenue for purposes of this paragraph./
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Rep. SCOTT explained the amendment.
Rep. SIMRILL spoke against the amendment.
Rep. KNOTTS spoke against the amendment.
Rep. KELLEY moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Campsen Carnell Cato Chellis Clyburn Coates Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Freeman Frye Hamilton Harrell Harrison Haskins Hines, J. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee Meacham-Richardson Merrill Miller Ott Owens Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Stille Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Breeland Brown, J. Gourdine Hines, M. Lloyd Mack McLeod Parks Scott Stuart Weeks Whipper
So, the amendment was tabled.
Rep. HARVIN proposed the following Amendment No. 217 (Doc Name council\GJK\amend\20342sd01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 583, paragraph 72.90, line 8, by striking lines 11, 12, and 13 and inserting / March 31, 2002, three percent for such sales from April 1, 2002, through March 31, 2003, two percent for such sales from April 1, 2003, through March 31, 2004, and one percent for such sales from April 1, 2004, through March 31, 2005. Effective April 1, 2005, food items eligible for purchase with United States Department of Agriculture food coupons are /
Amend further by adding a new subparagraph (C) to paragraph 72.90, page 583, after line 28, to read:
/(C) The increase in the general fund revenues as a result of the revised schedule for the phasing in of the sales tax exemption on food contained in this paragraph as compared to the schedule for the phasing in of the sales tax exemption on food contained in the 2000-2001 supplemental appropriations bill (Act 1 of 2001) must be allocated to the several school districts of this State for technology initiatives in the same manner other funds are allocated to the several school districts of this State for technology initiatives as provided in this act./
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Rep. HARVIN explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. KELLEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bales Barfield Barrett Bingham Brown, J. Campsen Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas McCraw McGee Meacham-Richardson Merrill Owens Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, F.N. Smith, J.E. Smith, J.R. Smith, W.D. Talley Taylor Thompson Townsend Tripp Trotter Vaughn Whatley White Wilkins Witherspoon Young, A.
Those who voted in the negative are:
Battle Bowers Breeland Brown, R. Carnell Emory Freeman Gourdine Harvin Hayes Hines, J. Hines, M. Hosey Jennings Kennedy Mack McLeod Miller Neal, J.M. Parks Rhoad Rivers Rutherford Smith, G.M. Stille Stuart Webb Weeks Wilder Young, J.
So, the amendment was tabled.
Rep. HAMILTON proposed the following Amendment No. 81 (Doc Name council\swb\amend\5220mm01.doc), which was adopted:
/Amend the bill, as and if amended, Part IB, Section 72, GENERAL & TEMPORARY, page 584, after line 14, by adding an appropriately numbered paragraph to read:
/72.___(State funded libraries: Web filters) (A) A library receiving state funds, directly, indirectly, by grant, or otherwise, other than a library at an institution of higher learning, that has computers available for use by the public or students, or both, must equip these computers with software incorporating web-filtering technology designed to eliminate or reduce the ability of the computer to access sites displaying pornographic pictures or text. However, up to ten percent, and at least one, of the library's computers must be unfiltered. These unfiltered computers must be located where use of the computer can be monitored continuously by library personnel, and must have a privacy hood. The library also must have a written policy providing sanctions against a person who instructs or demonstrates to another person how to bypass this web-filtering technology.
(B) State funds intended for a library not in compliance with subsection (A) must be reduced by fifty percent. Funds resulting from this reduction must be distributed among other libraries that are in compliance with subsection (A)./
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Rep. HAMILTON explained the amendment.
Rep. MEACHAM-RICHARDSON raised the Point of Order that Amendment No. 81 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 to the Bill and he overruled the Point of Order.
Rep. HAMILTON continued speaking.
Rep. KELLEY spoke against the amendment.
Rep. BALES spoke against the amendment.
Rep. EASTERDAY spoke in favor of the amendment.
Rep. EASTERDAY spoke in favor of the amendment.
Rep. MILLER spoke against the amendment.
Rep. F. N. SMITH moved to table the amendment.
Rep. HAMILTON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Battle Bowers Breeland Brown, J. Brown, R. Clyburn Cobb-Hunter Emory Freeman Hines, J. Hines, M. Hosey Howard Jennings Keegan Kelley Kennedy Kirsh Lee Mack Miller Neal, J.M. Parks Rhoad Riser Rivers Rodgers Rutherford Scott Smith, F.N. Stuart Taylor Webb Weeks Wilder
Those who voted in the negative are:
Allison Altman Bales Barfield Barrett Bingham Campsen Carnell Cato Chellis Coates Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Hinson Huggins Knotts Law Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Ott Owens Phillips Quinn Rice Robinson Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Stille Talley Thompson Townsend Tripp Trotter Vaughn Walker Whatley White Wilkins Witherspoon Young, A. Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. EDGE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bales Barfield Barrett Bingham Brown, J. Campsen Carnell Cato Chellis Coates Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Freeman Frye Hamilton Harrison Harvin Haskins Hayes Hines, M. Hinson Huggins Keegan Kelley Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Ott Owens Perry Phillips Quinn Rhoad Rice Riser Robinson Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Weeks Whatley White Wilder Wilkins Witherspoon Young, J.
Those who voted in the negative are:
Bowers Breeland Brown, R. Cobb-Hunter Emory Hosey Howard Jennings Neal, J.M. Rivers Rodgers Rutherford Scott Webb
So, the amendment was adopted.
Reps. G. M. SMITH, CAMPSEN, COLEMAN, DELLENEY, HARRISON, JENNINGS, LUCAS, MCGEE, RIVERS, ROBINSON, WEEKS, WHIPPER, J. YOUNG and W. D. SMITH proposed the following Amendment No. 214 (Doc Name skb\18281som01.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: Assessments Increase) Notwithstanding any other provision of law and in addition to the appropriations provided in Part IA of this Act for the Commission on Indigent Defense, the assessment paid pursuant to Sections 14-1-206, 14-1-207, or 14-1-208 by a person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in general sessions, magistrates, or municipal court is increased from one hundred to one hundred fifteen percent of the fine imposed. The additional fifteen percent of the fine imposed as an assessment must be credited to the General Fund in the account of the Commission on Indigent Defense and used for the defense of indigents. Of the amounts generated from this increase of fifteen percent, the commission shall apportion the funds received monthly at the rate of fifty percent to the civil fund and the remainder divided among those other programs which were reduced in the current year in amounts up to the maximum approved in the 2000-2001 fiscal year for all these funds. Included in this disbursement to the civil fund, the commission may transfer into the operating budget of the Office of Indigent Defense sufficient funds to provide for the salaries and operating expenses of the two FTE's provided in the 2000-2001 fiscal year. Once this disbursement has occurred and the fund limits are reached, the commission shall then disburse any remaining funds to the conflict fund and the local defender corporations, with the amount deposited to the conflict fund limited to its maximum amount of deposit as set forth in this act. /
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Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
Rep. KELLEY proposed the following Amendment No. 174 (Doc Name council\dka\amend\4170mm01.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: Audits of County Records) The council shall provide for an independent annual audit of all financial records and transactions of the county and an agency funded in whole by county funds and may provide for more frequent audits as it considers necessary. Special audits may be provided for an agency receiving any portion of its funding from county funds as the county governing body considers necessary. The audits must be made by a certified public accountant or public accountant or firm of these accountants who have no personal interest, direct or indirect, in the fiscal affairs of the county government or its officers. Without requiring competitive bids, the council may designate the accountant or firm annually or for a period not exceeding one year. The designation for a particular fiscal year must be made no later than thirty days after the beginning of the fiscal year. The report of the audit must be made available for public inspection. A copy of the report of audit must be submitted to the Comptroller General no later than January first each year following the close of the books of the previous fiscal year; except that the Comptroller General may extend the time for good cause. If the report is not timely filed, including any extension, funds distributed by the Comptroller General to the county in fiscal year 2001-02 must be withheld pending receipt of a copy of the report. /
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Rep. KELLEY explained the amendment.
The amendment was then adopted.
Reps. ROBINSON, LEACH, DAVENPORT, BARFIELD, HASKINS and CAMPSEN proposed the following Amendment No. 243 (Doc Name council\dka\amend\4169mm01.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: Prohibition of Funding for Reproductive Health Measures) Notwithstanding any other provision of law, the General Assembly may not appropriate state or federal funds to an agency or organization which:
(1) performs abortions;
(2) provides birth control methods that cause chemical abortions;
(3) provides birth control to unmarried persons;
(4) performs sterilization of humans. /
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Rep. ROBINSON explained the amendment.
Rep. COBB-HUNTER raised the Point of Order that Amendment No. 243 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 to the Bill and he overruled the Point of Order.
Rep. RUTHERFORD moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Battle Breeland Brown, G. Brown, J. Brown, R. Clyburn Cobb-Hunter Emory Freeman Gourdine Hayes Hines, J. Hines, M. Hosey Jennings Kelley Kennedy Lee Mack Neal, J.M. Parks Rivers Rodgers Rutherford Scott Smith, F.N. Smith, G.M. Smith, J.E. Snow Stille Stuart Webb Weeks Whipper Young, J.
Those who voted in the negative are:
Allison Altman Bales Barfield Barrett Bingham Campsen Carnell Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Harrell Harrison Haskins Hinson Huggins Keegan Kirsh Koon Leach Limehouse Littlejohn Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Ott Owens Phillips Quinn Rhoad Rice Riser Robinson Sandifer Scarborough Sharpe Simrill Smith, D.C. Smith, J.R. Talley Taylor Thompson Townsend Trotter Walker White Wilder Wilkins Witherspoon Young, A.
So, the House refused to table the amendment.
The amendment was then adopted.
Rep. EASTERDAY proposed the following Amendment No. 282 (Doc Name council\bbm\amend\10094htc01.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: Senior Prescription Drug Program Study Committee) There is established the Senior Prescription Drug Program Study Committee consisting of three members of the House of Representatives, appointed by the Speaker, three members of the Senate, appointed by the President Pro Tempore, and three members appointed by the Governor from the State at large. The committee shall organize and meet for the purpose of studying the Senior Prescription Drug Program and making recommendations for the improvement and better administration of the program. The committee shall complete and file its report and recommendations with the Governor, the Speaker of the House and the President Pro Tempore of the Senate no later than December 1, 2001. The committee shall monitor any application for a waiver from the federal government related to a senior prescription drug program. The committee shall conduct public hearings to receive the views of residents of this State participating in the program and participating venders. The committee shall review all sources and potential sources of funding for a low-income prescription drug assistance program and take particular care to determine what assistance is available from federal sources. The committee shall address the issue of eligibility, and shall make recommendations as to means of administering the program with maximum efficiency. The committee may call upon the services of the House of Representatives, Senate, Office of the Governor, and cabinet agencies to provide expertise and staff for the committee. Members of the committee shall serve without compensation, but shall receive the mileage, per diem, and subsistence allowed by law for members of state boards, committees, and commissions. Expenses of the committee must be paid in equal proportions from approved accounts of the House, Senate, and Office of the Governor. The committee terminates on the date it files its report and recommendations or December 1, 2001, whichever occurs first. Vacancies must be filled in the manner of original appointment. /
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Rep. EASTERDAY explained the amendment.
Rep. F. N. SMITH raised the Point of Order that Amendment No. 282 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment met the substantial effect requirements under the rule and he therefore overruled the Point of Order.
Rep. EASTERDAY continued speaking.
The amendment was then adopted.
Reps. BOWERS, OWENS, LLOYD and R. BROWN proposed the following Amendment No. 284 (Doc Name ggs\22905mm01.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 584, paragraph 72._____, after line 14, by adding an appropriately numbered paragraph to read:
/ 72.____ (GP: Veterans' Nursing Home) Of the funds deposited in the Tobacco Settlement Local Government fund established in Section 11-11-170(B)(4), the sum of two million six hundred thousand dollars is allocated to the Department of Social Services during fiscal year 2001-2002 for a veterans' nursing home. /
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Rep. BOWERS explained the amendment.
The SPEAKER granted Rep. GOVAN a leave of absence for the remainder of the day to attend services for the mayor of Orangeburg.
Rep. BOWERS continued speaking.
Rep. KELLEY moved to table the amendment.
Rep. TROTTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Battle Bingham Breeland Brown, J. Campsen Chellis Coates Cobb-Hunter Cooper Cotty Easterday Edge Frye Harrell Harrison Hines, J. Howard Keegan Kelley Koon Limehouse Littlejohn Mack McGee Meacham-Richardson Perry Quinn Rice Riser Sandifer Scarborough Sharpe Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Talley Tripp Walker Webb Whipper Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Bales Bowers Brown, G. Brown, R. Carnell Cato Clyburn Coleman Dantzler Davenport Delleney Emory Fleming Freeman Gourdine Hamilton Harvin Haskins Hayes Hines, M. Hinson Hosey Jennings Kennedy Kirsh Knotts Law Leach Lee Loftis Lourie Lucas Martin McCraw McLeod Merrill Miller Neal, J.M. Owens Parks Phillips Rhoad Rivers Robinson Rodgers Rutherford Sheheen Simrill Smith, F.N. Smith, J.E. Snow Stille Stuart Thompson Townsend Trotter Vaughn Weeks Whatley White Wilder
So, the House refused to table the amendment.
Rep. ALLISON spoke against the amendment.
Rep. HARRELL spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Barrett Bowers Brown, R. Clyburn Coleman Davenport Delleney Emory Fleming Freeman Hamilton Hosey Huggins Knotts Lourie McLeod Merrill Neal, J.M. Owens Parks Rhoad Riser Rivers Robinson Rodgers Rutherford Sheheen Smith, F.N. Stuart Thompson Trotter Vaughn Weeks Whatley
Those who voted in the negative are:
Allen Allison Altman Barfield Battle Bingham Brown, G. Campsen Cato Chellis Coates Cobb-Hunter Cooper Cotty Dantzler Easterday Edge Frye Gourdine Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Howard Jennings Keegan Kelley Kennedy Kirsh Koon Law Leach Lee Limehouse Littlejohn Lucas Mack Martin McCraw McGee Meacham-Richardson Miller Ott Perry Phillips Quinn Rice Sandifer Scarborough Scott Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Snow Stille Talley Taylor Townsend Tripp Walker Webb Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
So, the amendment was rejected.
Rep. RICE proposed the following Amendment No. 285 (Doc Name h-wm\002\ricedss.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 584, line after line 15, by adding an appropriately numbered paragraph to read:
/Should DSS determine that it may incur a deficit during the current fiscal year as a result of fines imposed by the federal government relating to non-compliance issues regarding the child support management information system, it must inform the budget and control board. Should the board, after thorough investigation, determine that the department will in fact incur a deficit as a result of the fine, it must recognize the deficit./
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Rep. RICE explained the amendment.
The amendment was then adopted.
Reps. QUINN and KELLEY proposed the following Amendment No. 319 (Doc Name h-wm\002\bcb-ded computer consolidation dss.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:
/(GP: DSS - Data Center Payment) For Fiscal Year 2001-02, the Department of Social Services shall not be required to pay more for services provided by the Budget and Control Board Consolidated Data Center than the amount paid for services in Fiscal Year 2000-01. Expenses incurred by the Department of Social Services above the amount incurred in the prior fiscal year shall be absorbed by the Budget and Control Board and shall not be passed on to other agencies./
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Rep. KELLEY explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 320 (Doc Name h-wm\005\72 - lump sum forego.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:
/ (GP: Forego Salary Increase) Employees, staff and or faculty of Higher Education Institutions, including Public Service Activities agencies, may request to voluntarily forego the Fiscal Year 2001-02 general or merit salary increase and have the funds appropriated for that increase remain in the base budget of the institution or agency; however, no employee, staff or faculty may voluntarily forego this increase if the employee, faculty or staff would then earn below the minimum of his pay band./
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Rep. ROBINSON explained the amendment.
Rep. WHIPPER raised the Point of Order that Amendment No. 320 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 to the Bill and he therefore overruled the Point of Order.
Rep. ROBINSON continued speaking.
The amendment was then adopted.
Rep. W. D. SMITH proposed the following Amendment No. 321 (Doc Name council\DKA\amend\4180mm01.doc), which was ruled out of order:
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: State Contractors) A private entity that is a contractor with the State or any agency, commission, or department of the State, must disclose, upon inquiry, the amount of any commission, referral fee, finder's fee, consulting fee, contingency fee, or other monies paid in connection with obtaining the contract and the name of the person to whom the monies were paid. /
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Rep. W. D. SMITH explained the amendment.
Rep. F. N. SMITH raised the Point of Order that Amendment No. 321 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. ROBINSON moved to reconsider the vote whereby Amendment No. 243 was adopted, which was agreed to.
Rep. KELLEY moved to table the amendment, which was agreed to.
I voted to table Amendment No. 243 of H. 3687 because of Provision No. 4 which banned all funding to agencies or organizations that receive money for human sterilization. This would prevent state money from being used for hysterectomies, tubal ligations and vasectomies. The net effect would have been to shut down all OB/GYN and urologist offices in this state. It would also stop surgeries that would be used to combat cancer of the uterus. I supported the other provisions of the amendment. This amendment was later reconsidered and tabled because of the above reason.
Rep. Jeff Young
I voted to table Amendment No. 243 of H. 3687 because of Provision No. 4 which banned all funding to agencies or organizations that receive money for human sterilization. This would prevent state money from being used for hysterectomies. These are necessary surgical procedures, especially in case of cancer of the uterus. I agreed with the other three provisions. This amendment was later reconsidered and tabled for the above reasons.
Rep. Murrell Smith
The motion of Rep. HARRELL to reconsider the vote whereby Section 1 was adopted was taken up.
Rep. HARRELL moved to table the motion, which was agreed to.
The motion of Rep. HARRELL to reconsider the vote whereby Section 14 was adopted was taken up and agreed to.
Rep. HARRELL proposed the following Amendment No. 328 (Doc Name h-wm\\balancing amendment.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 14, COMMISSION FOR THE BLIND, page 159, line 30, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
300,000 300,000
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The amendment was then adopted.
Section 14, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 5M was adopted was taken up and agreed to.
Rep. HASKINS proposed the following Amendment No. 324 (Doc Name h-wm\006\musc.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5M, MEDICAL UNIVERSITY OF SOUTH CAROLINA, page 433, after line 33, by adding an appropriately numbered paragraph to read: /Of the funds appropriated to the Medical University of South Carolina, the university shall use $20,000 for public service announcements across the state for melanoma awareness.
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The amendment was then adopted.
Section 5M, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 18 was adopted was taken up.
Rep. HARRELL moved to table the motion, which was agreed to.
The motion of Rep. HARRELL to reconsider the vote whereby Section 36 was adopted was taken up and agreed to.
Reps. WHITE and A. YOUNG proposed the following Amendment No. 302 (Doc Name council\bbm\amend\10091htc01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 492, paragraph 6, by striking line 15 through the remainder of the paragraph and inserting:
/law enforcement vehicles used for traffic enforcement and the issuance of the alcohol restricted license, those fees designated under Section 56-1-1320 to be used by the department to hire, train, and equip members of the highway patrol, and the revenues of fees imposed pursuant to Sections 56-1-170, 56-1-286, 56-1-390, 56-1-740, 56-1-745, 56-1-746, 56-5-750, 56-5-2951, 56-9-430, 56-10-260, and 56-10-270, but only the revenues of that portion of these fees that represents increases in the rate of these fees over rates in effect June 30, 2001, to be used by the department to defray the expenses of the Division of Motor Vehicles. /
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The amendment was then adopted.
Section 36, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 63F was adopted was taken up.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cooper Dantzler Delleney Edge Emory Fleming Freeman Frye Gourdine Harrell Haskins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Kennedy Klauber Knotts Koon Law Leach Limehouse Littlejohn Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Parks Phillips Quinn Rhoad Rice Riser Rivers Rodgers Sandifer Scarborough Scott Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Snow Stuart Talley Taylor Thompson Townsend Tripp Weeks Whatley White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Allison Coleman Cotty Davenport Hamilton Harrison Kirsh Perry Robinson Sheheen Smith, F.N. Stille Trotter Vaughn Webb
So, the motion to reconsider was agreed to.
Rep. KELLEY proposed the following Amendment No. 23 (Doc Name h-wm\003\teri2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63F, B&C BOARD, RETIREMENT DIVISION, page 551, paragraph 3, lines 3-13, by deleting the paragraph in its entirety:
/63F.3. (BCB/RET: TERI) (A) Notwithstanding Section 9-1-2210(A) of the 1976 Code, TERI participation is allowed only upon the mutual consent of the employee and employer.
(B) In addition to the requirements of Section 9-1-2210(C) of the 1976 Code, an employer shall pay to the South Carolina Retirement System the employer contribution for active members prescribed by law for the program participant, regardless of whether the program participant is in a temporary or part-time position.
(C) Notwithstanding Section 9-1-2210(I) program participants first participating in the TERI program after June 30, 2001, are not paid for any annual leave when they terminate from the TERI Program. These program participants, however, shall accrue and are allowed to use sick and annual leave while participating in TERI.
(D) The provisions of Section 9-1-2210(H) are suspended.
(E) Persons first participating in TERI after June 30, 2001, are exempt from the provisions of Article 5, Chapter 17, Title 8 of the 1976 Code, the State Employee Grievance Procedure.
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Rep. ROBINSON spoke against the amendment.
Rep. KELLEY spoke in favor of the amendment.
The amendment was then adopted by a division vote of 68 to 19.
Section 63F, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 72 was adopted was taken up and agreed to.
Rep. QUINN proposed the following Amendment No. 329 (Doc Name h-wm\003\bcb absorb m&g fte.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:
/(GP: Mansion & Grounds FTE) The Budget and Control Board is directed to absorb the $400,000 cost of thirteen full-time equivalent positions transferred to the Governor's Office - Mansion and Grounds./
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The amendment was then adopted.
Section 72, as amended, was adopted.
Rep. HARRELL moved to table all pending motions to reconsider, which was agreed to.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bales Barrett Battle Bingham Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Freeman Frye Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Thompson Townsend Tripp Vaughn Walker Weeks Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Bowers Smith, J.E. Stille Trotter Webb
So, the Bill, as amended, was read the second time and ordered to third reading.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section 29
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. CHIP CAMPSEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA, Section 51
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. MARTY COATES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA, Sections 12, 9, 33 and 13
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. GILDA COBB-HUNTER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Sections 44, 55, 32, 37, 35, 47, 5MA, 38, 33, 42, 46, 13, 43, 36, 39 and 53
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. CREIGHTON COLEMAN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections 44, 51, 46, 38, 13, 43, 55, 13, 47and 36
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. GREG DELLENEY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section 55, 53 and 42
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. MIKE EASTERDAY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section 5J and Amendments 132, 173 and 155
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. LONNIE HOSEY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections 44, 43, 55, 51, 46, 38, 13, 36, 43, 55 and 47
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DOUG JENNINGS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections,44, 51, 46, 38, 13, 43, 55 and 47
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JAY LUCAS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section 9
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. DAVID J. MACK III
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections 44, 51, 46, 38, 13, 43, 55, 47, 53, 42 and 53B
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. R. THAYER RIVERS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Sections 5KA, 44, 43, 55, 51, 46, 38, 13, 43, 55, 47 and 36
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. VINCENT SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section 44, 55, 32, 46, 43 and 38
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. PHIL SINCLAIR
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections 27, 30, 32, 36, 37, 38, 43, 44, 47, 49, 50, 51 and 55
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DOUG SMITH
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections 44, 51, 46, 38, 13, 43, 55, 47, 36, 63 and 42
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. G. MURRELL SMITH
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections 30, 36, 37, 38, 43, 44, 47, 49, 50 and 51
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JAMES E. SMITH, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections 53, 30, 36, 38, 43, 44, 45, 46, 51, 55 and any amendments in these sections
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. J. DAVID WEEKS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections 38, 42, 43, 51 and 66
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DAVID H. WILKINS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections 44, 51, 46, 38, 13, 43, 55, 47 and 36
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JEFF YOUNG
Rep. CARNELL moved that the House do now adjourn, which was agreed to.
At 8:15 p.m. the House, in accordance with the motion of Rep. DAVENPORT, adjourned in memory of Leroy Kolb of the North Spartanburg Community, to meet at 9:30 a.m. tomorrow.
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