South Carolina General Assembly
115th Session, 2003-2004
Journal of the House of Representatives

Wednesday, March 12, 2003
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from 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.

MOTION ADOPTED

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.

SILENT PRAYER

The House stood in silent prayer for Sheila Ann Howell, sister of former Representative Mike Easterday.

INVITATIONS

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
503-A Blatt Building
Columbia, South Carolina 29201

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 House, 911 South Stadium Road on Tuesday, April 30, 2003, at 6:00 p.m.
Sincerely,
E. Anne Gillespie
Sr. Vice President

REGULATION WITHDRAWN AND RESUBMITTED

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

HOUSE RESOLUTION

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.

HOUSE RESOLUTION

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.

CONCURRENT RESOLUTION

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.

CONCURRENT RESOLUTION

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 TO THE AFRICAN AMERICAN WOMEN OF SOUTH CAROLINA AND TO RECOGNIZE THE IMPORTANT INFLUENCES OF THESE WOMEN IN THE EVERYDAY LIVES OF ALL CITIZENS OF THIS STATE AND COUNTRY BY NAMING MARCH 20, 2003, "NOTABLE AFRICAN AMERICAN WOMEN'S DAY" AS A PART OF THE OBSERVANCE OF WOMEN'S HISTORY MONTH.

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

CONCURRENT RESOLUTION

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 REPRESENTATIVES, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

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

INTRODUCTION OF BILLS

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

H. 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 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.
Referred to Committee on Judiciary

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. 3779 (Word version) -- Reps. Limehouse, Dantzler, Altman and Scarborough: A BILL TO CREATE THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF CHARLESTON COUNTY, ABOLISH THE CHARLESTON COUNTY BOARD OF VOTER REGISTRATION, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION.
Referred to Charleston Delegation

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 PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH.
Referred to Committee on Judiciary

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

HOUSE RESOLUTION

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.

HOUSE RESOLUTION

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.

HOUSE RESOLUTION

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.

HOUSE RESOLUTION

The following was introduced:

H. 3786 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown and Coates: A HOUSE RESOLUTION APPLAUDING SUMTER PACKAGING CORPORATION, THE 2002 SMALL MANUFACTURER OF THE YEAR AS SELECTED BY THE GREATER SUMTER AREA CHAMBER OF COMMERCE, AND RECOGNIZING ITS EMPHASIS ON HAPPY, HEALTHY EMPLOYEES.

The Resolution was adopted.

HOUSE RESOLUTION

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.

HOUSE RESOLUTION

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, at a time to be determined by the Speaker, for purposes of recognizing and congratulating the 2003 "Silver Foxes" wrestling team on winning the 2003 Class AAAA state wrestling championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

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.

CONCURRENT RESOLUTION

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, 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 CONGRATULATE AARON WEST, CRAIGEN SCHOEN, DR. WILLIAM C. "BILL" LOGAN, JR., AND WILL FOWLER WHO RISKED THEIR LIVES BY RESCUING A WOMAN AND HER THREE CHILDREN FROM ICY WATERS WHEN HER CAR SKIDDED OFF AN ICY ROAD IN GREENVILLE COUNTY ON FEBRUARY 16, 2003.

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

ROLL CALL

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

STATEMENT OF ATTENDANCE

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

Total Present--123

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Vincent J. Degenhart of Columbia is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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

CO-SPONSOR ADDED

Bill Number:   H. 3320 (Word version)
Date:   ADD:
03/12/03   KEEGAN

CO-SPONSOR ADDED

Bill Number:   H. 3320 (Word version)
Date:   ADD:
03/12/03   WITHERSPOON

CO-SPONSOR ADDED

Bill Number:   H. 3320 (Word version)
Date:   ADD:
03/12/03   EDGE

CO-SPONSOR ADDED

Bill Number:   H. 3612 (Word version)
Date:   ADD:
03/12/03   OTT

CO-SPONSOR ADDED

Bill Number:   H. 3612 (Word version)
Date:   ADD:
03/12/03   CLARK

CO-SPONSOR REMOVED

Bill Number:   H. 3197 (Word version)
Date:   REMOVE:
03/12/03   COTTY

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

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

H. 3749--AMENDED AND INTERRUPTED DEBATE

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

H. 3749--THE GENERAL APPROPRIATION BILL

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.

PART IB

SECTION 1--AMENDED AND INTERRUPTED DEBATE

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 proposed the following Amendment No. 79 (Doc Name h:\legwork\house\amend\h-wm\004\gfteachspec.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 345, paragraph 43, line 28, by striking /five/ and inserting /three/
Renumber sections to conform.
Amend totals and titles to conform.

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):
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/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. WALKER explained the amendment.

ACTING SPEAKER CATO IN CHAIR

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.

SPEAKER IN CHAIR

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

Yeas 69; Nays 49

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

Total--69

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

Total--49

So, the amendment was tabled.

POINT OF ORDER

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 proposed the following Amendment No. 48 (Doc Name council\GGS\amend\22937htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 350, beginning on line 19, by striking:/ paragraph 1.75 in its entirety. /
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.

POINT OF ORDER

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:

Yeas 66; Nays 33

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

Total--66

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

Total--33

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 Board implements a midyear across-the-board budget reduction, school districts may institute employee furlough programs. Before any employees may be furloughed, the chairman of the governing body of the school district must certify that all fund flexibility provided by the General Assembly has been utilized by the district and that the furlough is necessary to avoid a year-end deficit and a reduction in force. The certification must include a detailed report by the superintendent of the specific action taken by the district to avoid a year-end deficit. The certification and report must be in writing and delivered to the State Superintendent of Education and a copy must be forwarded to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.

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:

Yeas 98; Nays 10

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

Total--98

Those who voted in the negative are:

Anthony                Davenport              Hamilton
Mahaffey               Rivers                 Sinclair
W. D. Smith            Talley                 Walker
Weeks

Total--10

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 taken to address the recommendations, and the advertisement of this report/
Amend the bill further, as and if amended, page 350, paragraph 71, line 5 by striking/and the February 1 report to parents shall continue on their/ and inserting /continue on its/
Renumber sections to conform.
Amend totals and titles to conform.

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'S RULING - PROVISO 1.74
RULED OUT OF ORDER

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

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:

Yeas 64; Nays 39

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

Total--64

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

Total--39

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. SCARBOROUGH explained the amendment.
The amendment was then adopted.

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 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. 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.

THE HOUSE RESUMES

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

ACTING SPEAKER FREEMAN IN CHAIR

POINT OF QUORUM

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

SPEAKER IN CHAIR

H. 3749--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 273, Section 1, Part IB.

H. 3749--THE GENERAL APPROPRIATION BILL

SECTION 1--AMENDED AND ADOPTED

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.

SPEAKER PRO TEMPORE IN CHAIR

Rep. COBB-HUNTER continued speaking.

SPEAKER IN CHAIR

Rep. QUINN spoke in favor of the amendment.

Rep. COBB-HUNTER moved to table the amendment.

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

Yeas 27; Nays 74

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

Total--27

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

Total--74

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:

Yeas 73; Nays 24

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

Total--73

Those who voted in the negative are:

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

Total--24

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 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 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. 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.

SECTION 1A--AMENDED AND 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 reading. Up to $50,000 must be used for piloting alternative teaching methods for mathematics. The State Department of Education shall report to the State Board of Education and the Education Oversight Committee on the allocation and expenditure of these funds by October 1 annually in a format agreed upon by the Education Oversight Committee and the Department of Education. /
Renumber sections to conform.
Amend totals and titles to conform.

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:

Yeas 76; Nays 32

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

Total--76

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

Total--32

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:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-eia, page 359, paragraph 40, line 14 through 16, 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. 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.

SECTION 1AA--AMENDED AND 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 page 362, lines 1-4, paragraph 1, by striking the section in its entirety and inserting
/SECTION 1AA - H66 -LOTTERY EXPENDITURE ACCOUNT

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 Education--K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525, $40,000,000; South Carolina State University--$3,000,000; State Library--Aid to County Libraries as provided in Section 59-150-350(D), $1,500,000; Department of Education--Education Accountability Act Increase, $23,503,683; and State Board for Technical and Comprehensive Education--Tuition Assistance Two-Year Institutions, $19,830,626. The funds appropriated to the Department of Education for the Education Accountability Act shall be used to provide homework centers ($1,548,440); teacher specialist ($12,581,069); principal specialist ($2,270,302); external review teams ($1,466,872); Palmetto Gold/Silver Awards ($1,000,000); and retraining grants ($4,637,000). For Fiscal Year 2003-04 the State Board for Technical and Comprehensive Education is appropriated the first $8,000,000 of unclaimed prize money for Tuition Assistance Two-Year Institutions. All lottery revenues generated in excess of the lottery projection, and in excess of funds estimated from unclaimed prizes are appropriated as follows: Sufficient funds will be appropriated to the State Board for Technical and Comprehensive Education in order to fully fund the above listed $8,000,000 for Tuition Assistance Two-Year Institutions and the remainder is appropriated to the Department of Education for the purchase and repair of school buses. If the lottery revenue received for Fiscal Year 2003-04 is less than the amounts appropriated, the projects and programs receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction must not be applied to the funding of LIFE, HOPE, and Palmetto Fellows Scholarships. Notwithstanding the provisions of Section 59-150-355 of the 1976 Code or any other provision of law, the Budget and Control Board may distribute funds from the Education Lottery Account on a monthly basis during the final quarter of the fiscal year. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARRELL explained the amendment.

Rep. GOVAN spoke in favor of the amendment.

The amendment was then adopted.

Rep. WALKER proposed the following Amendment No. 142 (Doc Name h:\legwork\house\amend\h-wm\004\k12.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 361, paragraph 1, line 25, by striking /k-5/ and inserting /k-12/
Amend the bill further, as and if amended, page 361, paragraph 1, line 26, after "provided" by inserting /for in the criteria for student competencies established/
Renumber sections to conform.
Amend totals and titles to conform.

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:

Yeas 64; Nays 49

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

Total--64

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

Total--49

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

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:
/(LEA: Audit) The State Auditor shall audit lottery expenditures to ensure that state agencies, institutions, departments, and school districts are using lottery funds in accordance with the provisions of Chapter 150 of Title 59, the South Carolina Education Lottery Act./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 3 was adopted.

LEAVE OF ABSENCE

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

SECTION 5A--ADOPTED

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. KEEGAN moved to table the amendment.

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

Yeas 82; Nays 25

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

Total--82

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

Total--25

So, the amendment was tabled.

Section 5A was adopted.

SECTION 5B

Section 5B was adopted.

SECTION 5D--ADOPTED

POINT OF ORDER
PROVISO 5D.2 RULED OUT OF ORDER

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.

SECTION 5J--AMENDED AND 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 5J, as amended, was adopted.

SECTION 5N

Section 5N was adopted.

SECTION 7

Section 7 was adopted.

SECTION 8--AMENDED AND 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:

Yeas 76; Nays 36

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

Total--76

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

Total--36

So, the amendment was tabled.

POINT OF ORDER

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 appropriations. He stated further that the proviso was not out of order and he overruled the Point of Order.

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.

ACTING SPEAKER CATO IN CHAIR

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:

Yeas 74; Nays 40

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

Total--74

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

Total--40

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:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 379, after line 22, by adding an appropriately numbered paragraph to read:
/The Department of Health and Human Services is instructed to expand its Program Integrity efforts by utilizing resources both within and external to the agency including but not limited to the ability to contract with other entities for the purpose of maximizing the departments ability to detect and eliminate provider fraud./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.

SPEAKER IN CHAIR

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:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 379, paragraph 43, lines 17-20, by striking:
/In addition, the Department of Health and Human Services must apply for a waiver to create a new "stand alone" health care program for children from ages 1 to 18 who are eligible for the optional portion of the Children's Health Insurance Program. This new program must include the adjustment of benefits, the use of premiums, deductibles and co-pays based upon the enrollee's ability to pay using a sliding fee scale./
Renumber sections to conform.
Amend totals and titles to conform.

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.

SECTION 9--AMENDED AND 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/.
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. QUINN explained the amendment.

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

SPEAKER PRO TEMPORE IN CHAIR

Rep. J. H. NEAL spoke against the amendment.
Rep. HARRELL spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. G. M. SMITH moved to table the amendment.

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

Yeas 58; Nays 55

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

Total--58

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

Total--55

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.

MOTION NOTED

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:

Yeas 54; Nays 57

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

Total--54

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

Total--57

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:

Yeas 55; Nays 58

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

Total--55

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

Total--58

So, the amendment was rejected.

AMENDMENT NO. 173--RECONSIDERED AND 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.

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

Yeas 55; Nays 55

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

Total--55

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

Total--55

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:

Yeas 57; Nays 54

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

Total--57

Those who voted in the negative 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                  Rice
Richardson             Rivers                 Scott
Sheheen                Simrill                D. C. Smith
F. N. Smith            G. M. Smith            J. E. Smith
Stille                 Talley                 Thompson
Umphlett               Weeks                  Whipper

Total--54

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:

Yeas 56; Nays 56

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

Total--56

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

Total--56

So, the amendment was rejected.

Section 9, as amended, was adopted.

SECTION 10

Section 10 was adopted.

SECTION 11

Section 11 was adopted.

SECTION 10--RECONSIDERED AND INTERRUPTED DEBATE

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.

MOTION NOTED

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.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 166, Section 10, Part IB.

RETURNED WITH CONCURRENCE

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 THE SOUTH CAROLINA MEDICAL ASSOCIATION, CONGRATULATE HIM ON HIS MANY ACHIEVEMENTS ON BEHALF OF THE MEDICAL COMMUNITY AND ON RECEIVING THE MEDICAL EXECUTIVE ACHIEVEMENT AWARD, AND EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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 RESERVE, AND RESPECTFULLY ACKNOWLEDGING THAT THEIR SELFLESS SERVICE IS ESSENTIAL TO THE STRENGTH AND SECURITY OF OUR NATION AND STATE.

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.

ADJOURNMENT

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.

***

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