Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from 2 Kings 2:9: "Elisha said, Please let me inherit a double share of Your spirit."
Let us pray. O God, thank You for giving Your spirit that Your power may overcome our powerlessness. Give faith in Your continued work in this body of women and men, that we might trust You for the things You long to give us. Give to our leaders a strong sense of Your merciful justice, that they may govern Your people wisely. Lord, in Your mercy, hear our prayer. 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. ALTMAN moved that when the House adjourns, it adjourn in memory of Sheila Ann Howell, sister of former Representative Mike Easterday, which was agreed to.
The House stood in silent prayer for Sheila Ann Howell, sister of former Representative Mike Easterday.
On motion of Rep. LEACH, with unanimous consent, the following was taken up for immediate consideration and accepted:
March 11, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
Dear Chairman Leach:
On behalf of the South Carolina Student Legislature the Members of the House of Representatives are invited to a reception. This event will be held at the Blatt building on Wednesday, March 19, 2003, from 12:00 noon until 2:00 p.m.
Sincerely,
Adam L. Shaw
Chairman, USC Delegation
March 4, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the York County Chamber of Commerce the Members of the House of Representatives are invited to a reception. This event will be held at the South Carolina State Museum on Tuesday, April 1, 2003, from 5:30 p.m. until 9:00 p.m.
Sincerely,
Colleen Daly
Vice President of Administration
November 26, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Young Bankers Division of the South Carolina Bankers Association the Members of the House of Representatives are invited to an Oyster Roast. This event will be held at the University
Document No. 2796
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-5-65, 59-20-40, and 59-63-20
Half-Day Child Development Programs
Received by Speaker of the House of Representatives
January 14, 2003
Referred to Education and Public Works Committee
Legislative Review Expiration May 13, 2003
Withdrawn and Resubmitted March 12, 2003
On motion of Rep. EMORY, with unanimous consent, the following was taken up for immediate consideration:
H. 3772 (Word version) -- Reps. Emory and J. M. Neal: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE INDIAN LAND HIGH SCHOOL LADY WARRIORS SOFTBALL TEAM, ITS COACHING STAFF, AND OTHER SCHOOL OFFICIALS ON THURSDAY, MARCH 27, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 2002 CLASS A STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Indian Land High School Lady Warriors Softball Team, its coaching staff, and other school officials on Thursday, March 27, 2003, at a time to be determined by the Speaker for the purpose of being recognized for winning the 2002 Class A State Championship.
The Resolution was adopted.
The following was introduced:
H. 3773 (Word version) -- Rep. Frye: A HOUSE RESOLUTION TO CONGRATULATE JOYE G. BODIE OF WARD ON HER ELECTION AS PRESIDENT OF THE NATIONAL RURAL LETTER CARRIER'S AUXILIARY FOR 2002-2003, COMMEND HER FOR HER PROMOTION OF THE "MAKE A WISH FOUNDATION OF AMERICA" AND FOR HER HARD WORK AND DEDICATION TO THE UNITED STATES POSTAL SERVICE, AND EXTEND BEST WISHES TO HER IN ALL OF HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 3774 (Word version) -- Reps. Delleney, Coleman and McCraw: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF SHAR'DAYE RHINEHART OF CHESTER, WHO PASSED AWAY AT THE YOUTHFUL AGE OF ELEVEN AND TO EXTEND OUR DEEPEST SYMPATHY TO HER LOYAL AND LOVING RELATIVES, FRIENDS, AND CHURCH FAMILY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3775 (Word version) -- Reps. M. Hines, Jennings, Lee, Hayes, Scott, Anthony, Lucas, Delleney, G. M. Smith, Weeks, Gourdine, J. M. Neal, McLeod, W. D. Smith, Bales, Barfield, Battle, Branham, Breeland, G. Brown, J. Brown, R. Brown, Clark, Coates, Cobb-Hunter, Emory, Freeman, Gilham, Hamilton, Leach, Lloyd, Mack, McGee, Miller, Moody-Lawrence, Parks, Snow and Vaughn: A CONCURRENT RESOLUTION TO EXPRESS THE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3776 (Word version) -- Reps. Edge, Keegan, Clemmons, Barfield, Viers, Witherspoon, Allen, Altman, Anthony, Bailey, Bales, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Walker, Weeks, Whipper, White, Whitmire, Wilkins and Young: A CONCURRENT RESOLUTION TO COMMEND L. MORGAN MARTIN OF CONWAY FOR HIS OUTSTANDING LEADERSHIP AND ACCOMPLISHMENTS IN IMPROVING TRANSPORTATION DURING HIS TENURE AS CHAIRMAN OF THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, CONGRATULATE HIM FOR HIS EXEMPLARY RECORD OF PUBLIC SERVICE AS A DISTINGUISHED TRIAL LAWYER, STATE PROSECUTOR, AND MEMBER OF THE SOUTH CAROLINA HOUSE OF
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3777 (Word version) -- Reps. Scott, Harrison, Simrill, J. E. Smith, J. H. Neal, Bales, Cotty, Govan, McLeod, Parks, Hosey, Duncan, Rutherford, Taylor, Whipper, Allen, Altman, Anthony, Bailey, Barfield, Battle, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Edge, Emory, Freeman, Gilham, Gourdine, Hagood, Hamilton, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, Hinson, Howard, Huggins, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McGee, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Perry, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Scarborough, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Walker, Weeks, Wilkins and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE AND DEFINE "VOTING SYSTEM"; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO RESTRICT THEIR USAGE ONLY IN ABSENTEE VOTING; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO DELETE REFERENCES TO A MACHINE BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, SECTION 7-13-1650 RELATING TO EXPERIMENTAL USE OF VOTING MACHINES, AND 7-13-1660
H. 3778 (Word version) -- Reps. Herbkersman, Bailey, Bowers, Ceips, Clark, Clemmons, Duncan, Gilham, Haskins, J. Hines, Hinson, Hosey, Littlejohn, Lloyd, Lourie, Mahaffey, Merrill, Miller, Moody-Lawrence, J. H. Neal, Pinson, E. H. Pitts, Richardson, Rivers, Sandifer, Scarborough, Simrill, Sinclair, Snow, Toole, Umphlett, Vaughn, Viers, White and Whitmire: A BILL TO AMEND SECTION 56-5-1210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A DRIVER OF A VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN INJURY TO OR THE DEATH OF A PERSON, SO AS TO DELETE THE PHRASE "IN EVERY EVENT" AS IT REFERS TO INSTANCES IN WHICH A DRIVER INVOLVED IN AN ACCIDENT SHALL REMAIN AT THE SCENE OF THE ACCIDENT, TO DELETE THE PHRASE "MORE THAN IS NECESSARY" AS IT REFERS TO A DRIVER INVOLVED IN AN ACCIDENT MAKING A STOP WITHOUT OBSTRUCTING TRAFFIC, AND TO PROVIDE THAT STATE AND LOCAL AUTHORITIES MAY ERECT SIGNS ALONG HIGHWAYS AND STREETS THAT INFORM THE PUBLIC THAT A STOP MADE PURSUANT TO THIS SECTION MUST BE MADE WITHOUT OBSTRUCTING TRAFFIC; AND TO AMEND SECTION 56-5-1220, AS AMENDED, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO A VEHICLE WHICH IS DRIVEN OR ATTENDED BY A PERSON, SO AS TO DELETE THE PHRASE "IN EVERY EVENT" AS IT REFERS TO INSTANCES IN WHICH A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO CERTAIN VEHICLES SHALL REMAIN AT THE SCENE OF THE ACCIDENT, TO DELETE THE PHRASE "MORE THAN IS NECESSARY" AS IT REFERS TO A DRIVER INVOLVED IN AN ACCIDENT MAKING A STOP WITHOUT OBSTRUCTING TRAFFIC, AND PROVIDE THAT STATE AND LOCAL AUTHORITIES MAY ERECT SIGNS ALONG HIGHWAYS AND STREETS THAT INFORM THE PUBLIC THAT A STOP MADE PURSUANT TO THIS SECTION MUST BE MADE WITHOUT OBSTRUCTING TRAFFIC.
Referred to Committee on Judiciary
H. 3780 (Word version) -- Reps. Simrill, Haskins, Cato, Clemmons, Davenport, Hamilton, Keegan, Littlejohn, McLeod, Owens, Sandifer, Sinclair, Vaughn and Viers: A BILL TO ENACT THE "UNBORN VICTIMS ACT" INCLUDING PROVISIONS TO AMEND CHAPTER 5, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTIES IN CONNECTION WITH CIVIL REMEDIES AND PROCEDURES, BY ADDING SECTION 15-5-5 SO AS TO PROVIDE THAT, FOR PURPOSES OF A CIVIL CAUSE OF ACTION, "PERSON" INCLUDES AN UNBORN CHILD, AND TO FURTHER PROVIDE FOR LIMITATIONS ON THE APPLICABILITY OF THIS SECTION; TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND BY ADDING SECTION 50-21-185 TO FURTHER PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO
H. 3781 (Word version) -- Reps. Clark, Bailey, G. Brown, Davenport, Haskins, Hosey, Koon, Littlejohn, Lourie, Mahaffey, Phillips, J. R. Smith and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 63 OF TITLE 59 SO AS TO ENACT THE "SAFE SCHOOLS ACT" TO PREVENT SCHOOL HARASSMENT, INTIMIDATION, OR BULLYING, TO INSTRUCT LOCAL SCHOOL DISTRICTS TO ADOPT A POLICY PROHIBITING HARASSMENT, INTIMIDATION, OR BULLYING THAT INCLUDES CERTAIN THINGS, TO DEVELOP A TRAINING PROCESS, AND TO DEFINE CERTAIN TERMS.
Referred to Committee on Education and Public Works
H. 3782 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVIDENCE OF FRAUDULENT INTENT AND PROSECUTION FOR ISSUANCE OF ANY FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER, SO AS TO PROVIDE THAT A COMMERCIAL AGENT FOR COLLECTION OF AN OBLIGATION PAID FOR WITH ANY FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER DOES NOT HAVE THE SAME RIGHTS AS THE ORIGINAL PAYEE, AND MAY NOT RELY ON THE CIVIL OR CRIMINAL REMEDIES IN CHAPTER 11, TITLE 34, FOR PROSECUTING OR CIVILLY ENFORCING PAYMENT OF A FRAUDULENT CHECK, UNLESS THE CHECK, DRAFT, OR OTHER WRITTEN ORDER HAS BEEN ENDORSED OVER TO THE AGENT FOR COLLECTION FOR VALUE AND WITHOUT RESERVATION OF RIGHTS, AND THAT AN AFFIDAVIT EVIDENCING SUCH AN ENDORSEMENT MUST ACCOMPANY AN APPLICATION FOR A BAD CHECK WARRANT.
Referred to Committee on Judiciary
The following was introduced:
H. 3783 (Word version) -- Reps. G. M. Smith, Weeks and Coates: A HOUSE RESOLUTION RECOGNIZING BECTON DICKINSON VACUTAINER SYSTEMS PREANALYTICAL SOLUTIONS, LOCATED IN SUMTER COUNTY, AS THE WINNER IN THE FIRST MANUFACTURER OF THE YEAR COMPETITION SPONSORED BY THE GREATER SUMTER CHAMBER OF COMMERCE.
The Resolution was adopted.
The following was introduced:
H. 3784 (Word version) -- Reps. G. M. Smith, Weeks, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE THE COLDWELL BANKER COMMINS-MOSES REAL ESTATE AGENCY ON FIFTY YEARS OF DEDICATED SERVICE TO THE SUMTER COMMUNITY AND COMMEND THE AGENCY ON ITS PERSONALIZED SERVICE AND COMMUNITY RELATIONS.
The Resolution was adopted.
The following was introduced:
H. 3785 (Word version) -- Reps. G. M. Smith, Weeks, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO COMMEND BO SHAW OF SUMTER FOR HIS OUTSTANDING BUSINESS ACUMEN AND DEDICATION TO FORESTRY THAT ENABLED HIM TO CONVERT HIS ONE-MAN FORESTRY AND TIMBERLAND OPERATION INTO THE MAJOR FORESTRY AND TIMBERLAND MANAGEMENT AND CONSULTING FIRM OF SHAW, MCLEOD, BELSER & HURLBUTT, INC.; TO CONGRATULATE HIM AND HIS FIRM ON THEIR RECENT ACQUISITION AND MERGER WITH CANAL FOREST RESOURCES COMPANY OF CHARLOTTE; AND TO WISH HIM AND THE FIRM, DOING BUSINESS UNDER THE NEW NAME OF AMERICAN FOREST MANAGEMENT, INC., EVERY SUCCESS IN ALL OF ITS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 3786 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown and Coates: A HOUSE RESOLUTION APPLAUDING SUMTER PACKAGING
The Resolution was adopted.
The following was introduced:
H. 3787 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO MRS. JEAN TRAWICK BROWN OF LEXINGTON COUNTY ON THE OCCASION OF HER FIFTY-SECOND BIRTHDAY ON MARCH 19, 2003, AND WISHING HER MANY MORE YEARS OF HAPPINESS.
The Resolution was adopted.
On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:
H. 3788 (Word version) -- Reps. Huggins and Quinn: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS, COACHES, AND STAFF OF THE 2003 DUTCH FORK HIGH SCHOOL "SILVER FOXES" WRESTLING TEAM, AND ACCOMPANYING SCHOOL OFFICIALS OF DUTCH FORK HIGH SCHOOL, ON WEDNESDAY, MARCH 19, 2003, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR PURPOSES OF RECOGNIZING AND CONGRATULATING THE 2003 DUTCH FORK "SILVER FOXES" WRESTLING TEAM ON WINNING THE 2003 CLASS AAAA STATE WRESTLING CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the members, coaches, and staff of the 2003 Dutch Fork High School "Silver Foxes" Wrestling Team, and to accompanying officials of Dutch Fork High School, on Wednesday, March 19, 2003,
The Resolution was adopted.
The following was introduced:
H. 3789 (Word version) -- Reps. Huggins and Quinn: A CONCURRENT RESOLUTION TO CONGRATULATE THE DUTCH FORK HIGH SCHOOL "SILVER FOXES" WRESTLING TEAM ON WINNING THE 2003 STATE CLASS AAAA WRESTING CHAMPIONSHIP, TO COMMEND THESE TALENTED ATHLETES AND THEIR COACH FOR THE HARD WORK, TENACITY, AND COMPETITIVE SPIRIT THAT ENABLED THE "SILVER FOXES" TO BECOME A CHAMPIONSHIP WRESTLING TEAM, AND TO WISH THEM EVERY SUCCESS IN THEIR ACADEMIC AND ATHLETIC CAREERS AND IN ALL OF THEIR FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3790 (Word version) -- Reps. Leach, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith,
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:
Altman Anthony Bailey Bales Barfield Battle Bingham Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Delleney Duncan Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Koon Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller J. M. Neal Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Richardson Rivers Sandifer Scarborough Scott Simrill Sinclair
Skelton D. C. Smith F. N. Smith G. M. Smith J. R. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Whipper White Whitmire Wilkins Witherspoon
I came in after the roll call and was present for the Session on Wednesday, March 12.
H.B. "Chip" Limehouse Herb Kirsh Annette Young Denny Neilson Jerry Govan Rex Rice Bessie Moody-Lawrence Joseph Neal Kenneth Kennedy Tracy Edge William Bowers Alan D. Clemmons David Weeks James E. Smith Bill Cotty Ralph Davenport Doug Smith Douglas Jennings Karl Allen Olin Phillips Richard Quinn Todd Rutherford Alex Harvin Vincent Sheheen
The SPEAKER granted Rep. SHEHEEN a temporary leave of absence.
Announcement was made that Dr. Vincent J. Degenhart of Columbia 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
Bill Number: H. 3320 (Word version)
Date: ADD:
03/12/03 KEEGAN
Bill Number: H. 3320 (Word version)
Date: ADD:
03/12/03 WITHERSPOON
Bill Number: H. 3320 (Word version)
Date: ADD:
03/12/03 EDGE
Bill Number: H. 3612 (Word version)
Date: ADD:
03/12/03 OTT
Bill Number: H. 3612 (Word version)
Date: ADD:
03/12/03 CLARK
Bill Number: H. 3197 (Word version)
Date: REMOVE:
03/12/03 COTTY
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 Part IB.
H. 3749 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2003; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
Rep. WALKER proposed the following Amendment No. 71 (Doc Name h:\legwork\house\amend\council\ggs\22949htc03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 337, paragraph 1.4, beginning on line 21, by striking / The base student cost for the current fiscal year has been determined to be $2,033 / and inserting / The base student cost for the current fiscal year has been determined to be $1,643. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
Rep. HAYES explained the amendment.
Rep. J. R. SMITH moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 50 to 12.
Rep. BATTLE proposed the following Amendment No. 131 (Doc Name h:\legwork\house\amend\h-wm\004\teachspecgf.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 346, paragraph 43, line 3 through 5, by striking /are limited to three years of service with the program unless the specialist submits application for a fourth year and that application is accepted by the State Department of Education and placement is made. Upon acceptance and placement, the specialist can receive the salary and supplement for one additional year,/ and inserting /are limited to three years of service with the program unless the specialist submits application for an extension and that application is accepted by the State Department of Education and placement is made. Upon acceptance and placement, the specialist can receive the salary and supplement for two additional years,/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
Reps. WALKER and TOWNSEND proposed the following Amendment No. 133 (Doc Name h:\legwork\house\amend\h-wm\004\flexgf.doc):
Rep. WALKER explained the amendment.
Rep. WALKER continued speaking.
Rep. WALKER moved to adjourn debate on the amendment, which was agreed to.
Rep. COBB-HUNTER proposed the following Amendment No. 18 (Doc Name h:\legwork\house\amend\h-wm\004\cdcgrant.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 350, paragraph 76, line 21 through 23, by striking:/the proviso in its entirety/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. HARRELL 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 Barfield Bingham Cato Ceips Chellis Clark Clemmons Coates Cooper Cotty Dantzler
Davenport Delleney Duncan Edge Frye Gilham Hagood Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kirsh Koon Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McGee Merrill Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Richardson Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith J. R. Smith W. D. Smith Stewart Stille Talley Taylor Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Anthony Bailey Bales Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Coleman Emory Freeman Gourdine Govan Hayes J. Hines M. Hines Hosey Howard Jennings Kennedy Lee Lloyd Lourie Mack McCraw McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Phillips Rhoad Rivers Scott F. N. Smith G. M. Smith J. E. Smith
Snow Thompson Weeks Whipper
So, the amendment was tabled.
Rep. J. E. SMITH raised the Point of Order that Proviso 1.74 was out of order under Rule 5.4 in that it attempted to provide an appropriation to pay a private claim against a department or agency of the State. He cited a similar precedent, which was sustained on March 14, 2002.
Rep. HARRELL argued contra.
SPEAKER WILKINS stated that he would take the Point of Order under consideration and render a ruling at a later time.
Rep. WALKER proposed the following Amendment No. 138 (Doc Name h:\legwork\house\amend\council\pt\1366mm03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 350, paragraph 1.74, line 16, by deleting paragraph 1.74 in its entirety and inserting:
/ 1.74. (SDE: Economics Education) The State Department of Education shall transfer $100,000 from the funds appropriated in Part IA, Section 1, IV. Division of Professional Development & School Quality to the S. C. Council on Economic Education to provide professional development to teachers of economics. The professional development provided must be based on the South Carolina Professional Development Standards and aligned with South Carolina Social Studies academic standards and assessments in the content area of economics. The funds appropriated must be used for instructional materials to be utilized by teachers for instruction or assessment of the standards or direct support of professional development activities or workshops. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
Rep. J. E. SMITH explained the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. J. E. SMITH raised the Point of Order that Proviso 1.75 was out of order under Rule 5.3 B in that the proviso applies to local funding not state funding and was not germane to the Bill.
Rep. HARRELL argued contra.
Rep. TOWNSEND argued contra.
SPEAKER WILKINS stated that in accordance with Rule 5.3B, the Proviso was a directive that related to local and state funds for the fiscal year referred to in the Appropriation Bill. He overruled the Point of Order.
Rep. J. R. SMITH moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bingham Cato Ceips Chellis Clark Coates Coleman Cooper Dantzler Davenport Delleney Duncan Edge Gilham Hagood Harrell Harrison Herbkersman Hinson Huggins Keegan Kirsh Leach Limehouse Littlejohn Martin McCraw McGee Merrill Neilson Owens Perry
Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rice Richardson Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith J. R. Smith W. D. Smith Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Bailey Bowers Branham Breeland J. Brown R. Brown Cotty Emory Gourdine J. Hines M. Hines Hosey Howard Kennedy Lloyd Lourie Lucas Mack McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Ott Parks Rhoad Rivers F. N. Smith G. M. Smith J. E. Smith Weeks Whipper
So, the amendment was tabled.
Rep. COOPER proposed the following Amendment No. 92 (Doc Name h:\legwork\house\amend\h-wm\005\schdistrfurlo.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 350, after line 23, by adding an appropriately numbered paragraph to read:
/ (School District Furlough) For the 2003-2004 fiscal year only, if state funds appropriated for a school district in this State are less than state funds appropriated for that school district in the preceding fiscal year, or if the General Assembly or the Budget and Control
The local school district board of trustees may implement a furlough of any district employee once certification to the State Superintendent documents all funding flexibility has been exhausted and continued year-end deficits exist. Local school boards of trustees shall have the authority to authorize furloughs of its employees in the manner in which it sees fit. However, furloughs of instructional classroom and all other support staff may not exceed five days with no more than two of which may be instructional days and district and school administrators may be furloughed for a period up to ten days. The local school district board of trustees shall take all reasonable action necessary to provide furlough days on in-service days and shall only provide for furlough days on instructional days if absolutely necessary. All school districts are exempt from the defined minimum plan in Section 59-1-420 to the extent absolutely necessary to carry out this provision.
During any furlough, affected employees shall be entitled to participate in the same benefits as otherwise available to them except for receiving their salaries. As to those benefits that require employer and employee contributions, including, but not limited to, contributions to the South Carolina Retirement System or the optional retirement program, the district will be responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions. Placement of an employee on furlough under this provision does not constitute a grievance or appeal under any employee grievance procedure. The district may allocate the employee's reduction in pay over the balance of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs.
This proviso shall not abrogate the terms of any contract between any school district and its employees./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. WALKER proposed the following Amendment No. 139 (Doc Name h:\legwork\house\amend\council\bbm\9537sl03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 350, after line 24, by adding an appropriately numbered paragraph at the end to read:
/ 1. (SDE:XIII-National Board Certification Incentive) Of the funds authorized in Part IA, Section XIII, National Board Certification, public school classroom teachers or classroom teachers who work with classroom teachers who are certified by the State Board of Education and who have been certified by the National Board for Professional Teaching Standards shall be paid a $7,500 salary supplement in the year of achieving certification. Teachers employed at the special schools shall be eligible for this $7,500 salary supplement. The special schools include the Governor's School for Science and Math, Governor's School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice, and Palmetto Unified School District 1. The $7,500 salary supplement must be added to the annual pay of the teacher for the length of the national certificate. Teachers who previously submitted a portfolio to the National Board for Professional Teaching Standards for certification under previous appropriation acts, shall receive reimbursement of their certification fee as prescribed under the provisions of the previous appropriation act. In addition, teachers who are certified by the National Board for Professional Teaching Standards shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for national board certification. National board certified teachers moving to this State are exempted from initial certification requirements and are eligible for continuing contract status. Their recertification cycle will be consistent with national board certification.
Provided, further, that in calculating the compensation for teacher specialists, the State Department of Education shall include state and local compensation as defined in Section 59-18-1530 to include local supplements except local supplements for National Board certification. Teacher specialists remain eligible for state supplement for National Board certification. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WALKER explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. KENNEDY spoke against the amendment.
Rep. WALKER spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. WALKER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Bales Barfield Battle Bingham Bowers Branham J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Dantzler Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Jennings Keegan Kennedy Kirsh Leach Limehouse Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Merrill
Miller Moody-Lawrence J. H. Neal Neilson Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Sandifer Scarborough Simrill Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith Snow Stewart Stille Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Davenport Hamilton Mahaffey Rivers Sinclair W. D. Smith Talley Walker Weeks
So, the amendment was tabled.
Reps. WALKER and TOWNSEND proposed the following Amendment No. 130 (Doc Name h:\legwork\house\amend\h-wm\004\consolidation.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 350, paragraph 71, line 1 through 2, by striking /annual updates and programmatic reports to include recommendations of any Education Accountability Act external review teams as approved by the State Board of Education/ and inserting /and annual updates and district programmatic reports, and school reports developed in conjunction with the school improvement council to parents and constituents to include recommendations of any Education Accountability Act external review teams as approved by the State Board of Education and the steps being
Rep. WALKER explained the amendment.
The amendment was then adopted.
Rep. HAYES proposed the following Amendment No. 171 (Doc Name h:\legwork\house\amend\h-wm\004\pactsasi.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 350, after line 24, by adding an appropriately numbered paragraph to read:
/(SDE: PACT Social Studies) Delay the implementation of the PACT social studies test for one year and utilize the funds saved to operate the school administrative student information system./
Renumber sections to conform.
Amend totals and titles to conform./
Rep. HAYES explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
SPEAKER WILKINS stated that Proviso 1.74 was in violation of Rule 5.4 in that it attempted to provide an appropriation to pay a private claim against a department of the State. He therefore sustained the Point of Order and ruled Proviso 1.74 out of order.
Reps. WALKER and TOWNSEND proposed the following Amendment No. 133 (Doc Name h:\legwork\house\amend\h-wm\004\flexgf.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 348, paragraph 63, line 33 through 34, by striking:/with the same funding source/
Rep. WALKER explained the amendment.
The amendment was then adopted.
Rep. J. E. SMITH proposed the following Amendment No. 46 (Doc Name council\ggs\amend\22935htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 343, paragraph 1.26, beginning on line 11, by striking / Districts may use this funding for grades one through three if they comply with the federal class size reduction guidelines. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. J. E. SMITH explained the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. J. R. SMITH moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Battle Bingham Cato Ceips Chellis Clark Clemmons Cooper Cotty Dantzler Delleney Duncan Edge Frye Gilham Hagood Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Kirsh Leach Limehouse Littlejohn Lucas Mahaffey McCraw McGee Merrill Owens Perry E. H. Pitts M. A. Pitts Quinn Rice Richardson Sandifer
Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith Stewart Talley Taylor Thompson Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Young
Those who voted in the negative are:
Anthony Bales Bowers Branham Breeland R. Brown Clyburn Cobb-Hunter Coleman Emory Freeman Gourdine Govan Harvin Hayes J. Hines M. Hines Hosey Howard Kennedy Lee Lloyd Lourie Mack McLeod Miller Moody-Lawrence J. H. Neal Neilson Ott Phillips Rhoad Rivers Rutherford Scott J. E. Smith Snow Weeks Whipper
So, the amendment was tabled.
Rep. SCARBOROUGH proposed the following Amendment No. 267 (Doc Name h:\legwork\house\amend\council\swb\ 5283mm03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 348, paragraph 63, line 33, by striking / with the same funding source/ and inserting / provided the funds are utilized for direct classroom instruction /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WALKER proposed the following Amendment No. 272 (Doc Name h:\legwork\house\amend\h-wm\004\nbc2.doc):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 350, line 24, by adding an appropriately numbered paragraph to read:
/(SDE: National Board Certification Incentive) Public school classroom teachers or classroom teachers who work with classroom teachers who are certified by the State Board of Education and who have been certified by the National Board for Professional Teaching Standards shall be paid a $7,500 salary supplement in the year of achieving certification. Teachers employed at the special schools shall be eligible for this $7,500 salary supplement. The special schools include the Governor's School for Science and Math, Governor's School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice and Palmetto Unified School District 1. The $7,500 salary supplement shall be added to the annual pay of the teacher for the length of the national certificate. The Center for Teacher Recruitment shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the national board. Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven. Teachers who previously submitted a portfolio to the National Board for Professional Teaching Standards for certification under previous appropriation acts, shall receive reimbursement of their certification fee as prescribed under the provisions of the previous appropriation act. Of the funds appropriated in Part IA, Section 1, XIII.A. for National Board Certification, the State Department of Education shall transfer to the Center for Teacher Recruitment the funds necessary for the administration of the loan program. In addition, teachers who are certified by the National Board for Professional Teaching Standards shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for National Board certification. National Board certified teachers moving to this State are exempted from initial certification
Provided, further, that in calculating the compensation for teacher specialists, the State Department of Education shall include state and local compensation as defined in Section 59-18-1530 to include local supplements except local supplements for National Board certification. Teacher specialists remain eligible for state supplement for National Board certification. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WALKER explained the amendment.
Rep. STILLE spoke in favor of the amendment.
Rep. ALTMAN moved to adjourn debate on the amendment, which was agreed to.
Rep. QUINN explained the amendment.
Rep. TROTTER moved that the House recede until 2:30 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 273, Section 1, Part IB.
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 273, Section 1, Part IB.
Rep. QUINN proposed the following Amendment No. 273 (Doc Name h:\ legwork\ house\ amend \h-wm\ 004\ 1.76comphealth1.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 350, paragraph 76, lines 21-23, by striking the proviso in its entirety and inserting /(SDE: Comprehensive Health Education) For fiscal year 2003-04, a grant review panel shall be appointed to establish criteria, review applications, approve all grants, sub-grants, contracts, and subcontracts and select recipients for all grants, sub-grants, contracts and subcontracts of funds received by the Department of Education from the Federal Center for Disease Control. This panel shall consist of five members appointed in the following manner: two by the Governor, one appointed by State Board of Education, one by the President Pro Tempore of the Senate and one by the Speaker of the House of Representatives. The panel shall ensure that all grants and any sub-grants or contracts sub-contracts awarded from these funds are administered in compliance with the South Carolina Comprehensive Health Education Act./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER spoke against the amendment.
Rep. COBB-HUNTER spoke against the amendment.
Rep. COBB-HUNTER continued speaking.
Rep. QUINN spoke in favor of the amendment.
Rep. COBB-HUNTER moved to table the amendment.
Those who voted in the affirmative are:
Anthony Bowers Breeland G. Brown R. Brown Clyburn Cobb-Hunter Emory Freeman Gourdine Govan Harvin Hayes J. Hines M. Hines Hosey Kennedy Lloyd Mack McLeod Miller J. H. Neal Rhoad Rivers J. E. Smith Weeks Whipper
Those who voted in the negative are:
Altman Bales Barfield Bingham Branham Cato Ceips Chellis Clark Coates Cooper Dantzler Davenport Delleney Duncan Edge Frye Gilham Hagood Harrell Harrison Haskins Herbkersman Hinson Huggins Kirsh Koon Leach Limehouse Littlejohn Loftis Lourie Lucas Mahaffey Martin McCraw McGee Merrill Neilson Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rice Richardson Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Viers
White Whitmire Wilkins Witherspoon Young
So, the House refused to table the amendment.
The question then recurred to the adoption of 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 Battle Bingham Cato Ceips Chellis Clark Clemmons Cooper Dantzler Davenport Delleney Duncan Edge Frye Gilham Hagood Harrell Harrison Herbkersman Hinson Huggins Keegan Kirsh Koon Leach Littlejohn Loftis Lourie Lucas Mahaffey Martin McCraw McGee Merrill Neilson Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Viers White Whitmire Wilkins Witherspoon Young
Anthony Bowers Branham Breeland R. Brown Cobb-Hunter Emory Freeman Gourdine Govan Harvin Hayes J. Hines M. Hines Hosey Kennedy Lee Lloyd Mack McLeod J. H. Neal J. E. Smith Weeks Whipper
So, the amendment was adopted.
Rep. WALKER proposed the following Amendment No. 272 (Doc Name h:\legwork\house\amend\h-wm\004\nbc2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 350, line 24, by adding an appropriately numbered paragraph to read:
/(SDE: National Board Certification Incentive) Public school classroom teachers or classroom teachers who work with classroom teachers who are certified by the State Board of Education and who have been certified by the National Board for Professional Teaching Standards shall be paid a $7,500 salary supplement in the year of achieving certification. Teachers employed at the special schools shall be eligible for this $7,500 salary supplement. The special schools include the Governor's School for Science and Math, Governor's School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice and Palmetto Unified School District 1. The $7,500 salary supplement shall be added to the annual pay of the teacher for the length of the national certificate. The Center for Teacher Recruitment shall develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching Standards for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and interest shall be forgiven when the required portfolio is submitted to the national board. Teachers attaining certification within three years of receiving the loan will have the full loan principal amount and interest forgiven. Teachers who previously
Provided, further, that in calculating the compensation for teacher specialists, the State Department of Education shall include state and local compensation as defined in Section 59-18-1530 to include local supplements except local supplements for National Board certification. Teacher specialists remain eligible for state supplement for National Board certification. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Reps. NEILSON, ALTMAN, SCARBOROUGH, J. HINES, BALES, WALKER, MAHAFFEY, ANTHONY, FREEMAN, BREELAND and HAYES proposed the following Amendment No. 278 (Doc Name h:\ legwork\ house\ amend\ h-wm\ 004\ nbcstudy), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 350, after line 24, by adding an appropriately numbered paragraph to read:
/the Department of Education is directed to utilize appropriated funds to conduct a study of the effectiveness of National Board Certification in improving student outcomes. The results of this study are to be reported to the general assembly by June 30, 2004./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
Section 1, as amended, was adopted.
Rep. MCLEOD proposed the following Amendment No. 112 (Doc Name h:\legwork\house\amend\h-wm\004\nbssalsup.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 355, paragraph 30, line 36, by striking /7,500/ and inserting /5,000/
Amend the bill further, as and if amended, page 356, paragraph 30, line 1, by striking /7,500/ and inserting /5,000/
Amend the bill further, as and if amended, page 356, paragraph 30, line 4, by striking /7,500/ and inserting /5,000/
Amend the bill further, as and if amended, page 356, paragraph 30, line 6, by inserting after "to": /one-half//
Renumber sections to conform.
Amend totals and titles to conform.
Rep. MCLEOD explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 270 (Doc Name h:\ legwork\ house\ amend\ council\ pt\ 1387sl03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 352, paragraph 1A.12, beginning on line 17, by deleting the paragraph in its entirety and inserting:
/ 1A. . (SDE-EIA: XI.A-Academic Assistance/Reading Recovery/Mathematics Recovery) Of the EIA funds appropriated herein for the Academic Assistance Act 135, $3,200,000 shall be used for the Reading Recovery programs and mathematics assistance throughout the State. Of the funds provided for Reading Recovery, up to $50,000 must be used for piloting alternative teaching methods for
Rep. MOODY-LAWRENCE explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Battle Bingham Cato Ceips Chellis Clark Clemmons Coates Coleman Cooper Cotty Dantzler Delleney Duncan Edge Emory Frye Gilham Hagood Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kirsh Koon Leach Limehouse Littlejohn Loftis Lourie Lucas McCraw McGee Merrill Neilson Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Richardson Sandifer Scarborough Sheheen Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Stewart Stille Talley Taylor Thompson Toole Tripp Trotter Umphlett Vaughn
Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Anthony Bales Bowers Branham Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Freeman Gourdine Harvin Hayes J. Hines M. Hines Hosey Jennings Kennedy Lee Lloyd Mack Miller Moody-Lawrence J. H. Neal Parks Rivers Rutherford J. E. Smith Weeks Whipper
So, the amendment was tabled.
Reps. WALKER and TOWNSEND proposed the following Amendment No. 134 (Doc Name h:\legwork\house\amend\h-wm\004\eiaflex2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 360, paragraph 49, line 36, by striking:/with/
Amend the bill further, as and if amended, page 361, paragraph 49, line 1, by striking:/the same funding source/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
Rep. BATTLE proposed the following Amendment No. 132 (Doc Name h:\legwork\house\amend\h-wm\004\teachspeceia.doc), which was adopted:
Rep. WALKER explained the amendment.
The amendment was then adopted.
Reps. SCARBOROUGH and COATES proposed the following Amendment No. 281 (Doc Name h:\legwork\house\amend\council\nbd\ 11393ac03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION, paragraph 1A.49, beginning on page 360, line 36, through page 361, line 1 by striking / with the same funding source/ and inserting / provided the funds are utilized for direct classroom instruction /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. SCARBOROUGH explained the amendment.
The amendment was then adopted.
Section 1A, as amended, was adopted.
Reps. HARRELL, J. E. BROWN, WILKINS, YOUNG and CLYBURN proposed the following Amendment No. 2 (Doc Name h:\legwork\house\amend\h-wm\002\lottery3.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 361, lines 14-36 and
1AA.1. (LEA: Lottery Funds) There is appropriated from the Education Lottery Account for the following education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control Board as directed below. These appropriations must be used to supplement and not supplant existing funds for education. The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the appropriations of the Education Lottery Account as provided in this section. Additionally, for Fiscal Year 2003-04 the maximum amount of administrative expenses authorized pursuant to Section 59-150-350 is reduced from fifteen percent to thirteen percent for the year, including retailer commissions in an amount of not less than seven percent of gross proceeds; and in addition to the amount of the net lottery proceeds and investment earnings that the Board of Economic Advisors has projected for Fiscal Year 2003-04, two percent of the actual gross lottery proceeds earned in Fiscal Year 2003-04 must be deposited in the Education Lottery Account and used for educational purposes. Further, and notwithstanding the provisions of Chapter 150 of Title 59 or any other provision of law, for Fiscal Year 2003-04, in addition to any other deposits of lottery proceeds required to be deposited in the Education Lottery Account pursuant to this paragraph or otherwise, an additional $1,800,000 of gross lottery proceeds also must be deposited in the Education Lottery Account and used for educational purposes. For Fiscal Year 2003-04 certified net lottery proceeds and investment earnings of $173,000,000 and any other proceeds identified by this provision are appropriated as follows: Commission on Higher Education--LIFE Scholarships as provided in Chapter 149 of Title 59, $40,000,000; Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370, $6,294,176; Commission on Higher Education--Palmetto Fellows Scholarships as provided in Section 59-104-20, $5,000,000; Commission on Higher Education--Need-Based Grants, $3,000,000; Tuitions Grants Commission--Tuition Grants, $3,000,000; Commission on Higher Education--National Guard Tuition Repayment Program as provided in Section 59-111-75, $1,500,000; Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2, $30,000,000; Technology: Public 4-Year Universities, 2-Year Institutions, and State Technical Schools, $10,000,000; Department of
Rep. HARRELL explained the amendment.
Rep. GOVAN spoke in favor of the amendment.
The amendment was then adopted.
Rep. WALKER explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. WALKER spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. WALKER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bingham Bowers Cato Ceips Chellis Coates Cooper Dantzler Davenport Delleney Duncan Edge Frye Gilham Govan Hagood Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kirsh Koon Leach Limehouse Littlejohn Loftis Lourie Lucas McCraw McGee Merrill Moody-Lawrence Perry Phillips E. H. Pitts Quinn Rhoad Rice Rivers Sandifer Scarborough Scott Sheheen Simrill Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Stewart
Toole Tripp Trotter Umphlett Vaughn Viers White Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Anthony Bailey Bales Battle Branham Breeland G. Brown J. Brown R. Brown Clark Cobb-Hunter Coleman Emory Freeman Gourdine Hayes J. Hines M. Hines Hosey Howard Jennings Kennedy Lee Lloyd Mack Mahaffey Martin McLeod Miller J. H. Neal J. M. Neal Neilson Owens Parks Pinson Rutherford Sinclair G. M. Smith Snow Stille Talley Taylor Thompson Townsend Walker Weeks Whipper Whitmire
So, the amendment was tabled.
Rep. MCLEOD proposed the following Amendment No. 170 (Doc Name h:\legwork\house\amend\h-wm\004\efalotto.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 361, paragraph 1, line 24, by striking /Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2, $30,000,000/ and inserting /State Department of Education--Education Finance Act, $30,000,000/
Amend the bill further, as and if amended, page 361, paragraph 1, line 26, by striking /$40,000,000/ and inserting /$33,000,000/
Rep. MCLEOD explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. WALKER proposed the following Amendment No. 144 (Doc Name h:\legwork\house\amend\h-wm\004\1aa.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 362, on line 5, by adding at the end:
/of the funds appropriated for the K-5 reading, math, science and social studies program, $2,000,000 shall be retained by the State Department of Education for the purchase of calculators to be distributed to schools for the administration of the Algebra I end of course assessment./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WALKER explained the amendment.
Rep. HAYES spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. WALKER demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 48 to 21.
Rep. SCOTT proposed the following Amendment No. 251 (Doc Name h:\legwork\house\amend\h-wm\002\lotteryaudit.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 362, after line 4, by adding an appropriately numbered paragraph to read:
Rep. SCOTT explained the amendment.
Rep. HARRELL spoke in favor of the amendment.
The amendment was then adopted.
Section 1AA, as amended, was adopted.
Section 3 was adopted.
The SPEAKER granted Rep. MCLEOD a temporary leave of absence.
Rep. STILLE proposed the following Amendment No. 129 (Doc Name council\ggs\amend\22927htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION OF HIGHER EDUCATION, page 365, paragraph 5A.9, by striking line 15 through 20, and inserting:
/ Tuition charged for instate students at four-year state-supported public institutions of higher learning for the 2003-2004 academic year may not exceed instate tuition charged at such institutions in the 2002-2003 academic year. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. STILLE explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. STILLE spoke in favor of the amendment.
Rep. WALKER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bailey Barfield Battle Bingham Bowers Branham Breeland J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Coleman Cooper Dantzler Delleney Duncan Edge Emory Freeman Gilham Gourdine Govan Hagood Harrell Harrison Haskins Herbkersman J. Hines M. Hines Hosey Howard Huggins Jennings Keegan Kirsh Koon Leach Lee Limehouse Lloyd Lourie Lucas Mack Mahaffey McCraw McGee Miller J. H. Neal J. M. Neal Neilson Perry E. H. Pitts Quinn Rhoad Rutherford Sandifer Scott Sheheen Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith Snow Talley Taylor Thompson Toole Tripp Umphlett Vaughn Viers Weeks Whipper Wilkins Witherspoon
Those who voted in the negative are:
Altman Anthony Davenport Frye Hamilton Hayes Hinson Kennedy Loftis
Martin Merrill Owens Parks Pinson Rice Richardson Scarborough Simrill Sinclair Stewart Stille Trotter White Whitmire Young
So, the amendment was tabled.
Section 5A was adopted.
Section 5B was adopted.
Rep. SHEHEEN raised the Point of Order that Section 5D.2 was out of order under Rule 5.3 B in that it was not germane to the Bill.
SPEAKER WILKINS stated that the proviso did not relate to an appropriation. He therefore sustained the Point of Order and ordered Section 5D.2 stricken from the Bill.
Section 5D was adopted.
Rep. KIRSH proposed the following Amendment No. 35 (Doc Name h:\legwork\house\amend\h-wm\007\scsu_del_kir.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5J, SOUTH CAROLINA STATE UNIVERSITY, page 369, paragraph 1, lines 13-21 by striking the proviso in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 5N was adopted.
Section 7 was adopted.
Rep. J. E. SMITH proposed the following Amendment No. 279 (Doc Name h:\legwork\house\amend\h-wm\002\hospitaltax.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 376, paragraph 28, lines 21-23, by striking the proviso in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. J. E. SMITH explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Battle Bingham R. Brown Cato Ceips Chellis Clark Clemmons Coates Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Gilham Hagood Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey
McCraw McGee Merrill Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rice Richardson Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith Stewart Stille Talley Taylor Thompson Toole Tripp Trotter Umphlett Vaughn Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Anthony Bales Bowers Branham Breeland G. Brown J. Brown Clyburn Cobb-Hunter Freeman Gourdine Govan Harvin Hayes J. Hines M. Hines Hosey Howard Jennings Kennedy Lee Lloyd Lourie Mack Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Parks Rivers Scott Sheheen J. E. Smith Snow
So, the amendment was tabled.
Rep. SHEHEEN raised the Point of Order that Section 8.41 was out of order under Rule 5.4 in that it attempted to provide an appropriation to pay a private claim against a department of the State.
SPEAKER WILKINS stated that the proviso does not pay a private claim and that it gives direction to an agency as to how to spend
Rep. LOURIE proposed the following Amendment No. 158 (Doc Name h:\legwork\house\amend\h-wm\008\eligibility2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 378, paragraph 42, line 35, by striking /A "face to face" re-application every twelve months is required except for the elderly and persons with handicapping conditions/ and inserting /At the time of eligibility renewal, the agency shall employ the same verification methodology used for the initial application and such verification may be obtained through the mail./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. LOURIE explained the amendment.
Rep. LOURIE continued speaking.
Rep. LOURIE spoke in favor of the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. LOURIE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Bingham Cato Ceips Chellis Clark Clemmons Coates Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kirsh Koon
Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee Merrill Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Sandifer Scarborough Sheheen Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Anthony Bailey Bales Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Coleman Emory Freeman Gourdine Govan Harvin Hayes J. Hines M. Hines Hosey Howard Jennings Kennedy Lee Lloyd Lourie Moody-Lawrence J. H. Neal J. M. Neal Neilson Rivers Rutherford Scott J. E. Smith Snow Weeks Whipper
So, the amendment was tabled.
Rep. J. E. SMITH proposed the following Amendment No. 51 (Doc Name h:\legwork\house\amend\h-wm\008\providerfraud.doc), which was adopted:
Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.
Rep. SNOW proposed the following Amendment No. 181 (Doc Name h:\legwork\house\amend\council\nbd\11378ac03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 379, after line 22, by inserting:
/8.__. Notwithstanding any other provision of law, no funds appropriated to the Department of Health and Human Services pursuant to Section 8, Part IA, whether state, federal, or other funds, may be expended to perform a circumcision on a new born male./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. SNOW explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. SNOW demanded the yeas and nays, which were not ordered.
The amendment was then tabled.
Rep. QUINN proposed the following Amendment No. 288 (Doc Name h:\legwork\house\amend\h-wm\003\8.43waiver.doc), which was adopted:
Rep. QUINN explained the amendment.
The amendment was then adopted.
Reps. LOURIE and J. E. SMITH proposed the following Amendment No. 121 (Doc Name h:\legwork\house\amend\h-wm\002\prescript.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 379, paragraph 43, lines 20-22, by striking: /Effective July 1, the Department of Health and Human Services must reduce the number of prescriptions for adults from four to three per month./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. LOURIE explained the amendment.
The amendment was then adopted.
Section 8, as amended, was adopted.
Rep. KIRSH proposed the following Amendment No. 41 (Doc Name h:\ legwork\ house\ amend\ h-wm\ 008\ catawbadatechange.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 385, paragraph 40, line 17, by striking /2003/ and inserting /2004/.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. VIERS proposed the following Amendment No. 286 (Doc Name h:\ legwork\ house\ amend\ council\ dka\ 3343dw03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 385, by striking paragraph 9.40 and inserting:
/ 9.40 (DHEC: Catawba River and Waccamaw Rivers Study) From funds appropriated in Part IA, Section 9 of this act, the director of the department shall provide for expenses so that the department must enter into discussions with the Secretary of the North Carolina Department of Environment and Natural Resources regarding water quality and quantity of the Catawba River and Waccamaw Rivers and the impacts of all discharges made into the river rivers and removal of water from the river rivers in both the State of South Carolina and the State of North Carolina. Pending the results of the study, the department must not issue a permit for the siting of a new waste water treatment plant that will discharge into the Catawba River until June 30, 2004 or until the final results of the study are published, whichever occurs first. The study will allow for input from stakeholders representing each county along the watershed of the Catawba River and Waccamaw River System Systems. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. VIERS explained the amendment.
The amendment was then adopted.
Reps. QUINN and VAUGHN proposed the following Amendment No. 173 (Doc Name h:\ legwork\ house\ amend\ h-wm\ 008\ nosatfunds.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 386, paragraph 48, line 20, by inserting after "services,":/$1,500,000 to other operating expenses,/
Rep. QUINN explained the amendment.
Rep. G. M. SMITH spoke against the amendment.
Rep. J. H. NEAL spoke against the amendment.
Rep. HARRELL spoke in favor of the amendment.
Rep. G. M. SMITH moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Anthony Bales Branham Breeland R. Brown Coates Cobb-Hunter Coleman Cotty Dantzler Delleney Emory Freeman Gourdine Govan Harrison Harvin Hayes J. Hines M. Hines Hosey Howard Jennings Lee Littlejohn Lloyd Lourie Lucas Mahaffey McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Pinson E. H. Pitts Rice Richardson Rivers Scott Sheheen Simrill Sinclair F. N. Smith G. M. Smith J. E. Smith W. D. Smith Stille Talley Thompson Umphlett
Walker Weeks Whipper Whitmire
Those who voted in the negative are:
Altman Barfield Bingham Cato Ceips Chellis Clark Clemmons Clyburn Cooper Davenport Duncan Edge Frye Gilham Hamilton Harrell Haskins Herbkersman Hinson Huggins Keegan Kennedy Kirsh Koon Leach Limehouse Loftis Martin McCraw Neilson Owens Parks Perry M. A. Pitts Quinn Rhoad Sandifer Scarborough Skelton D. C. Smith J. R. Smith Snow Stewart Taylor Toole Townsend Tripp Trotter Vaughn Viers White Wilkins Witherspoon Young
So, the amendment was tabled.
Rep. G. M. SMITH proposed the following Amendment No. 183 (Doc Name h:\legwork\house\amend\council\nbd\11384ac03.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 386, by deleting paragraph 9.48 on lines 16 through 24.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. G. M. SMITH explained the amendment.
Rep. HARRISON moved to reconsider the vote whereby Amendment No. 173 was tabled and the motion was noted.
Rep. QUINN spoke against the amendment.
Rep. QUINN moved to table the amendment.
Rep. WEEKS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Bingham Cato Ceips Chellis Clark Clemmons Clyburn Cooper Davenport Duncan Edge Frye Gilham Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kennedy Kirsh Koon Leach Limehouse Loftis Martin McCraw McGee Parks Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Sandifer Skelton J. R. Smith W. D. Smith Stewart Taylor Toole Townsend Tripp Trotter Vaughn Walker White Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Anthony Bales Battle Bowers Branham Breeland R. Brown Coates Cobb-Hunter Coleman Cotty Dantzler Delleney Emory Freeman Gourdine Govan
Harvin Hayes J. Hines M. Hines Hosey Howard Jennings Lee Littlejohn Lloyd Lourie Lucas Mahaffey Merrill Miller Moody-Lawrence J. H. Neal Neilson Owens Perry Rice Richardson Rivers Scarborough Scott Sheheen Simrill Sinclair D. C. Smith F. N. Smith G. M. Smith J. E. Smith Snow Stille Talley Thompson Umphlett Weeks Whipper
So, the House refused to table 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:
Allen Anthony Bales Bowers Branham Breeland R. Brown Coates Coleman Cotty Dantzler Delleney Emory Freeman Gourdine Govan Harvin Hayes J. Hines M. Hines Hosey Howard Jennings Lee Littlejohn Lloyd Lourie Lucas Mahaffey Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Owens Rice Richardson Rivers Scarborough Scott Sheheen Sinclair
D. C. Smith F. N. Smith G. M. Smith J. E. Smith Snow Stille Talley Thompson Umphlett Viers Walker Weeks Whipper
Those who voted in the negative are:
Barfield Battle Bingham Cato Ceips Chellis Clark Clemmons Clyburn Cobb-Hunter Cooper Davenport Duncan Edge Frye Gilham Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kennedy Kirsh Koon Leach Limehouse Loftis Martin McCraw McGee McLeod Neilson Parks Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Sandifer Simrill Skelton J. R. Smith W. D. Smith Stewart Taylor Toole Townsend Tripp Trotter Vaughn White Wilkins Witherspoon Young
So, the amendment was rejected.
The motion of Rep. HARRISON to reconsider the vote whereby Amendment No. 173 was tabled was taken up.
Rep. G. M. SMITH moved to table the motion to reconsider.
Those who voted in the affirmative are:
Allen Anthony Bales Bowers Branham Breeland R. Brown Coates Cobb-Hunter Coleman Cotty Dantzler Delleney Emory Freeman Gourdine Govan Harvin Hayes J. Hines M. Hines Hosey Howard Jennings Lee Littlejohn Lloyd Lourie Lucas Mahaffey McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Owens Perry Rice Richardson Rivers Scott Sheheen Simrill Sinclair F. N. Smith G. M. Smith J. E. Smith Stille Talley Thompson Umphlett Weeks Whipper
Those who voted in the negative are:
Barfield Battle Bingham Cato Ceips Chellis Clark Clemmons Clyburn Cooper Davenport Duncan Edge Frye Gilham Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kennedy Kirsh Koon Leach Limehouse Loftis Martin McCraw Neilson Parks Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Sandifer
Scarborough Skelton J. R. Smith Stewart Taylor Toole Townsend Tripp Trotter Vaughn Viers White Whitmire Wilkins Witherspoon Young
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. SHEHEEN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Barfield Battle Bingham J. Brown Cato Ceips Chellis Clark Clemmons Clyburn Cooper Davenport Duncan Edge Frye Gilham Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kennedy Kirsh Koon Leach Limehouse Loftis Martin McCraw Neilson Parks Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Sandifer Scarborough Skelton J. R. Smith Stewart Taylor Toole Townsend Tripp Trotter Vaughn Viers White Whitmire Wilkins Witherspoon Young
Allen Anthony Bales Bowers Branham Breeland R. Brown Coates Cobb-Hunter Coleman Cotty Dantzler Delleney Emory Freeman Gourdine Govan Harvin Hayes J. Hines M. Hines Hosey Howard Jennings Lee Littlejohn Lloyd Lourie Lucas Mahaffey McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Owens Rice Richardson Rivers Scott Sheheen Simrill D. C. Smith F. N. Smith G. M. Smith J. E. Smith Stille Talley Thompson Umphlett Weeks Whipper
So, the motion to reconsider was agreed to.
The question then recurred to the adoption of the amendment.
Rep. COATES demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Barfield Battle Bingham Cato Ceips Chellis Clark Clemmons Clyburn Cooper Davenport Duncan Edge Frye Gilham Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kennedy Kirsh Koon Leach Limehouse Loftis Martin
McCraw Neilson Parks Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Sandifer Scarborough Skelton J. R. Smith Stewart Taylor Toole Townsend Tripp Trotter Vaughn Viers White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Anthony Bales Bowers Branham Breeland J. Brown R. Brown Coates Cobb-Hunter Coleman Cotty Dantzler Delleney Emory Freeman Gourdine Govan Harvin Hayes J. Hines M. Hines Hosey Howard Jennings Lee Littlejohn Lloyd Lourie Lucas Mahaffey McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Owens Rice Richardson Rivers Scott Sheheen Simrill D. C. Smith F. N. Smith G. M. Smith J. E. Smith W. D. Smith Stille Talley Thompson Umphlett Weeks Whipper
So, the amendment was rejected.
Section 9, as amended, was adopted.
Section 10 was adopted.
Section 11 was adopted.
Rep. QUINN moved to reconsider the vote whereby Section 10 was adopted, which was agreed to.
Rep. QUINN proposed the following Amendment No. 166 (Doc Name h:\legwork\house\amend\h-wm\003\propertyrevenue.doc):
Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 387, paragraph 6, line 35, after /these funds on/ by inserting:
/other operating expenses or on/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. QUINN explained the amendment.
Rep. QUINN spoke in favor of the amendment.
Rep. TRIPP moved that the House do now adjourn, which was agreed to.
Rep. HARRELL moved to reconsider the vote whereby Part IA Sections 1, 1AA, 2, 3, 4, 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H, 5J, 5KA, 5KB, 5KC, 5KD, 5KE, 5KF, 5KG, 5KH, 5L, 5MA, 5MC, 5N, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 23A, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 53, 53A, 53B, 54A, 54B, 54C, 54D, 54E, 54H, 55, 56A, 56B, 56C, 56D, 57, 58, 59, 60, 61, 62, 63, 63A, 63B, 63C, 64, 65, 66, 68, 69A, 69B, 69C, 29A and Part 1B, Sections 1, 1A, 1AA, 2, 3, 4, 5A, 5B, 5D, 5J, 5K, 5M, 5N, 6, 7, 8, 9, 11, 15, 18, 20, 21, 23, 24, 25, 40, 41, 42, 44, 47, 48, 49, 50, 51, 54, 55, 56DD, 57, 58, 59, 60, 61, 62, 63C, 65 and 69A were adopted and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 3715 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF APRIL 19-27, 2003, AS NATIONAL LANDSCAPE ARCHITECTURE WEEK IN SOUTH CAROLINA AND TO COMMEND THE AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS FOR CREATING THE SPECIAL PLACES IN WHICH WE LIVE, WORK, AND PLAY.
H. 3747 (Word version) -- Reps. Owens, Trotter, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MISS LAURIE JONES OF EASLEY ON RECEIVING THE 2003 PRUDENTIAL SPIRIT OF COMMUNITY AWARD FOR HER COMMITMENT TO GIVING HELP AND HOPE TO THE PEOPLE OF PICKENS COUNTY.
H. 3748 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO COMMEND WILLIAM F. MAHON OF COLUMBIA FOR HIS OUTSTANDING SERVICE AS CHIEF EXECUTIVE OFFICER OF
H. 3753 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION TO EXPRESS THE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MRS. MARY LOIS GERALD OF DILLON FOR HER DEDICATED SERVICE AND FIRM COMMITMENT TO MARION COUNTY AND ITS CITIZENS BY ENSURING THE BETTERMENT OF THE COMMUNITY THROUGH HER LEADERSHIP IN MANY LOCAL SETTINGS, INCLUDING HER MEMBERSHIP ON THE MARION REGIONAL HOSPITAL SYSTEM'S BOARD OF TRUSTEES AND TO RECOGNIZE MRS. GERALD FOR THE ACCOMPLISHMENTS SHE HAS ENJOYED THROUGHOUT HER LIFE.
H. 3754 (Word version) -- Reps. Harrison, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE APPRECIATION AND UNQUALIFIED SUPPORT OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA FOR THE THOUSANDS OF SOUTH CAROLINIANS PROUDLY SERVING IN THE NATIONAL GUARD AND
H. 3765 (Word version) -- Reps. Ceips, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS SUPPORT FOR AND ADMIRATION OF THE BRAVE MEN AND WOMEN OF SOUTH CAROLINA SERVING IN THE UNITED STATES ARMED FORCES, INCLUDING THE NATIONAL GUARD AND RESERVES, AND TO WISH THEM GODSPEED IN THEIR DANGEROUS MISSIONS INVOLVING THE WAR ON TERRORISM AND IRAQ AND A SAFE RETURN FROM HARM'S WAY.
At 7:20 p.m. the House, in accordance with the motion of Rep. ALTMAN, adjourned in memory of Sheila Ann Howell, sister of former Representative Mike Easterday, to meet at 9:30 a.m. tomorrow.
This web page was last updated on Wednesday, June 24, 2009 at 3:30 P.M.