South Carolina General Assembly
116th Session, 2005-2006
Journal of the House of Representatives


Printed Page 1489 . . . . . Monday, March 14, 2005

Monday, March 14, 2005
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Psalm 23:4: "Even though I walk through the darkest valley, I fear no evil."
Let us pray. Protector God, thank You for Your presence in our life. Guide our minds, fill our imaginations, control our wills so that what we do here in this week may be for the glory and welfare of Your people. Keep us focused on what truly is important and forgive us when we do or say anything to hurt someone. Guide us by Your Spirit. Look in favor upon our Nation, President, State and leaders. Protect our defenders of freedom and keep them safe. In Your Holy name. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. TALLEY moved that when the House adjourns, it adjourn in memory of Reece Valerie O'Sullivan of Moore, which was agreed to.

SILENT PRAYER

The House stood in silent prayer in memory of Senator Caldwell T. "Red" Hinson.

H. 3373--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration:

H. 3373 (Word version) -- Reps. W. D. Smith, Walker, Sinclair, Davenport, Littlejohn, Mahaffey and Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION


Printed Page 1490 . . . . . Monday, March 14, 2005

57-23-810 SO AS TO PROVIDE THAT THE PORTION OF ROADSIDE VEGETATION ADJACENT TO INTERSTATE HIGHWAY 26, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 585 IN SPARTANBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.

Rep. W. D. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3264DW05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Article 17, Chapter 23, Title 57 of the 1976 Code is amended by adding:

"Section 57-23-810.   Notwithstanding the provisions of Section 57-23-800, or another provision of law, the Department of Transportation may mow beyond thirty feet from the pavement roadside vegetation adjacent to Interstate Highway 26, Interstate Highway 85, and Interstate Highway 585 in Spartanburg County."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 2903
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-1-10 et seq.
Total Maximum Daily Loads for Pollutants in Water
Received by Speaker of the House of Representatives
May 18, 2004
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Withdrawn and Resubmitted May 11, 2005


Printed Page 1491 . . . . . Monday, March 14, 2005

INTRODUCTION OF BILLS

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

H. 3741 (Word version) -- Reps. Ballentine, Wilkins, Harrell, Merrill, Ott, Hinson, Mack, Bowers, Taylor, Sinclair, Bales, Norman, Martin, Rutherford, Funderburk, Hiott, Cotty, Harrison, Haley, Govan, Scott, Vick, McGee, Anderson, Hardwick, Frye, W. D. Smith, Leach, J. H. Neal, G. R. Smith, Huggins, Skelton, McLeod, Cato, Witherspoon, Clemmons, Clark, Agnew, Barfield, Bingham, Brady, Branham, J. Brown, Ceips, Chalk, Cobb-Hunter, Cooper, Duncan, Herbkersman, Howard, Jefferson, Mahaffey, Neilson, Owens, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Sandifer, J. E. Smith, Talley, Thompson, Toole, Townsend, White and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-200 SO AS TO ESTABLISH WITHIN THE DIVISION OF AGING THE STATE LOAN REPAYMENT PROGRAM, TO REIMBURSE THE STUDENT LOAN PAYMENTS OF PHYSICIANS COMPLETING FELLOWSHIPS IN GERIATRICS OR GEROPSYCHIATRY, WHO CONTRACT TO PRACTICE IN THIS STATE FOR NO FEWER THAN FIVE CONSECUTIVE YEARS, TO PROVIDE ADDITIONAL ELIGIBILITY QUALIFICATIONS, TO ESTABLISH THE PHYSICIAN ADVISORY BOARD TO ASSIST THE DIVISION IN REVIEWING APPLICATIONS AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, TO ESTABLISH A LIMIT ON PARTICIPATING PHYSICIANS AND PROVIDE AN ANNUAL AND OVERALL LIMIT OF AMOUNTS THAT MAY BE REIMBURSED, TO PROVIDE A PENALTY FOR FAILURE TO COMPLETE THE PROGRAM CONTRACT, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE FUNDS FOR THE PROGRAM IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3742 (Word version) -- Reps. Harrell and Toole: A BILL TO AMEND SECTION 11-35-1524, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENT VENDOR PREFERENCE FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO REPLACE


Printed Page 1492 . . . . . Monday, March 14, 2005

THIS PREFERENCE WITH A BEST-VALUE ANALYSIS OF BIDS FOR THE PURPOSE OF PROMOTING PRODUCTS MADE, MANUFACTURED, AND GROWN IN SOUTH CAROLINA AND FOR THE PURPOSE OF PROMOTING SERVICES PROVIDED BY WORKERS RESIDING IN THIS STATE AND END-PRODUCTS AVAILABLE FROM RESIDENT VENDORS.
Referred to Committee on Ways and Means

S. 20 (Word version) -- Senators McConnell, Ritchie, Short, Elliott and Ford: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-911, RELATING TO THE RECORDING OF MOTION PICTURES IN A MOTION PICTURE THEATER, SO AS TO MAKE UNLAWFUL THE RECORDING IN A MOTION PICTURE THEATER OF A MOTION PICTURE WITHOUT CONSENT; AND TO AMEND SECTION 16-11-920, RELATING TO PENALTIES FOR UNLAWFUL RECORDING, SO AS TO CREATE PENALTIES FOR SUCH ACTION.
Referred to Committee on Judiciary

S. 305 (Word version) -- Senators Peeler, J. V. Smith, Short, Alexander, Hayes, Moore, Lourie and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA MEDICAID MODERNIZATION ACT" INCLUDING PROVISIONS TO ADD ARTICLE 8, CHAPTER 6, TITLE 44 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL IMPLEMENT EFFECTIVE AND EFFICIENT MEDICAID CARE MANAGEMENT, INCLUDING ADMINISTERING CARE MANAGEMENT PROGRAMS FOR ROUTINE CARE AND IMPLEMENTING CARE MANAGEMENT PROGRAMS FOR CHRONIC DISEASE CARE; TO PROVIDE FOR EFFECTIVE MEDICAID PHARMACY BENEFIT MANAGEMENT, INCLUDING THE ESTABLISHMENT OF THE PHARMACY AND THERAPEUTICS COMMITTEE, WHICH SHALL RECOMMEND CLASSES OF DRUGS THAT SHOULD BE INCLUDED ON A PREFERRED DRUG LIST AND CRITERIA FOR IMPLEMENTATION OF A PREFERRED DRUG LIST PROGRAM; TO PROVIDE FOR EFFECTIVE MEDICAID STATE AGENCY SERVICE MANAGEMENT, INCLUDING PERIODIC MEETINGS OF DIRECTORS OF ALL STATE AGENCIES RECEIVING MEDICAID FUNDS FOR THE PURPOSE OF CONTROLLING THE


Printed Page 1493 . . . . . Monday, March 14, 2005

GROWTH OF MEDICAID AND IMPROVING THE STATE MEDICAID PROGRAM AND TO REQUIRE THE DEPARTMENT TO REPORT TO THE GENERAL ASSEMBLY ON MEDICAID EXPENDITURES AND TO CONDUCT PERIODIC AUDITS AND REVIEWS OF STATE AGENCIES RECEIVING MEDICAID FUNDS; TO ADD SECTION 44-6-110 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO, AMONG OTHER THINGS, DEVELOP MEDICAID ELIGIBILITY DETERMINATION CRITERIA, TO CENTRALIZE MEDICAID ELIGIBILITY PROCESSING, AND TO CONDUCT AUDITS OF ELIGIBILITY FILES; TO AMEND SECTION 44-6-80, RELATING TO REPORTS TO THE GENERAL ASSEMBLY, SO AS TO FURTHER SPECIFY THE CONTENTS AND REQUIREMENTS FOR THESE REPORTS; TO AMEND ARTICLE 3, CHAPTER 6, TITLE 44, RELATING TO CHILD DEVELOPMENT SERVICES, SO AS TO DELETE THESE PROVISIONS AND TO PROVIDE FOR MEDICAID FRAUD AND ABUSE MANAGEMENT, INCLUDING PROVISIONS REQUIRING AUDITS, SANCTIONS, AND CONTRACTING WITH OTHER ENTITIES TO PREVENT MEDICAID FRAUD, ABUSE, AND WASTE; TO ADD SECTION 38-71-270 SO AS TO REQUIRE HEALTH INSURERS TO SUBMIT NAMES AND OTHER IDENTIFYING INFORMATION TO THE DEPARTMENT OF INSURANCE TO BE PROVIDED TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO USE IN IDENTIFYING MEDICAID RECIPIENTS WHO HAVE OTHER HEALTH INSURANCE COVERAGE; TO ADD SECTION 44-6-112 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO FUND THE NET COSTS OF ANY THIRD PARTY LIABILITY AND DRUG REBATE COLLECTION EFFORTS FROM THE REVENUE COLLECTED IN THOSE EFFORTS; TO AMEND SECTION 43-3-65, RELATING TO COUNTIES PROVIDING OFFICE SPACE TO THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO ALSO REQUIRE COUNTIES TO PROVIDE SPACE FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ELIGIBILITY PROCESSING; AND TO REPEAL JOINT RESOLUTION 370 OF 2002 RELATING TO NURSING HOME BED FRANCHISE FEES.
Referred to Committee on Ways and Means

S. 418 (Word version) -- Senators Hayes and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


Printed Page 1494 . . . . . Monday, March 14, 2005

ARTICLE 54 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE ARTS AWARENESS SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works

S. 427 (Word version) -- Senators Campsen, Leatherman, Cleary, Fair, Malloy, Cromer, McGill, Mescher, Rankin, Ritchie, Lourie, McConnell, Martin, Ryberg, Bryant, Peeler, Grooms, Verdin, Sheheen, Short, Gregory, J. V. Smith, Courson, Elliott, Alexander, Moore, Drummond, Hayes, Scott, Land, Williams, Thomas, Hutto and Matthews: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT, AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD NOT TO EXCEED THIRTY CALENDAR DAYS, UNLESS EXTENDED BY A TWO-THIRDS VOTE, AND TO PROVIDE THAT EACH BODY MAY BY APPROPRIATE RULE PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT SHALL CONSIDER EXPEDIENT; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.
Referred to Committee on Judiciary

CONCURRENT RESOLUTION

The following was introduced:

H. 3743 (Word version) -- Reps. Govan, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd,


Printed Page 1495 . . . . . Monday, March 14, 2005

Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION WELCOMING THE NATIONAL JURISDICTION OF BLACK METHODISTS FOR CHURCH RENEWAL, INC., (BMCR) TO THE 38TH ANNUAL MEETING OF THE GROUP, HOSTED THIS YEAR BY THE STATE OF SOUTH CAROLINA CHAPTER IN MYRTLE BEACH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3744 (Word version) -- Reps. Govan, Hosey, Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA STATE UNIVERSITY "BULLDOGS" 2004


Printed Page 1496 . . . . . Monday, March 14, 2005

FOOTBALL TEAM OF ORANGEBURG COUNTY FOR ITS SUCCESSFUL SEASON, CULMINATING IN RANKINGS IN THE TOP 25 DIVISION I-AA TEAMS BY THE SPORTS NETWORK AND USA TODAY/ESPN, AND HONORING THE PLAYERS AND HEAD COACH BUDDY POUGH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3745 (Word version) -- Rep. Ballentine: A CONCURRENT RESOLUTION TO CONGRATULATE AND EXTEND BEST WISHES TO THE MEMBERS OF THE RIVERLAND HILLS BAPTIST CHURCH UPON THE OCCASION OF THE COMPLETION OF THEIR NEW WORSHIP, EDUCATIONAL, AND ADMINISTRATIVE FACILITIES INTO WHICH THE CONGREGATION WILL MOVE IN THE FALL OF 2005.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 543 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 9, 2005, AND FRIDAY, JUNE 10, 2005.

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

That Palmetto Girls State is authorized to use the Chambers of the Senate and the House of Representatives on Thursday, June 9, 2005, from 2:00 p.m. until 4:30 p.m., and on Friday, June 10, 2005, from 2:00 p.m. until 4:00 p.m. for its annual legislative activity. If either House is in statewide session, the Chamber of that House may not be used.


Printed Page 1497 . . . . . Monday, March 14, 2005

Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates.

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

ROLL CALL

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

Altman                 Bales                  Ballentine
Barfield               Battle                 Bingham
Brady                  Breeland               J. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clemmons
Coleman                Cooper                 Dantzler
Duncan                 Edge                   Emory
Frye                   Funderburk             Govan
Hagood                 Haley                  Hardwick
Harrell                Harrison               Haskins
Hayes                  Herbkersman            M. Hines
Hinson                 Hiott                  Hosey
Huggins                Jefferson              Kirsh
Leach                  Lee                    Littlejohn
Loftis                 Lucas                  Mack
Mahaffey               McGee                  Merrill
Miller                 Moody-Lawrence         J. M. Neal
Ott                    Owens                  Perry
M. A. Pitts            Rice                   Rivers
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Vaughn                 Vick

Printed Page 1498 . . . . . Monday, March 14, 2005

Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Monday, March 14.

Thad Viers                        DeWitt McCraw
Kenneth Kennedy                   Anne Parks
Kenneth G. Clark                  H.B. "Chip" Limehouse
David Weeks                       William Bowers
Glenn Hamilton                    Ralph Norman
Paul Agnew                        Gilda Cobb-Hunter
Olin Phillips                     Bill Cotty
Karl Allen                        Carl Anderson
Walton McLeod                     Jackson "Seth"  Whipper
Denny Neilson                     Marty Coates
Lester P. Branham                 Edward H. "Ted" Pitts
George Bailey                     William Clyburn
Greg Delleney                     Joseph Neal
Jesse Hines                       Todd Rutherford
Ralph Davenport                   Grady Brown
Alex Harvin                       Fletcher Smith
Lewis E. Pinson                   Mike Anthony
Leon Howard                       Becky Martin

Total Present--120

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. RHOAD a leave of absence for the day due to a death in the family.

LEAVE OF ABSENCE

The SPEAKER granted Rep. LLOYD a leave of absence for the week due to illness.


Printed Page 1499 . . . . . Monday, March 14, 2005

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. 3741 (Word version)
Date:   ADD:
03/14/05   UMPHLETT

CO-SPONSOR ADDED

Bill Number:   H. 3392 (Word version)
Date:   ADD:
03/14/05   VICK

CO-SPONSOR ADDED

Bill Number:   H. 3167 (Word version)
Date:   ADD:
03/14/05   MAHAFFEY

CO-SPONSOR ADDED

Bill Number:   H. 3719 (Word version)
Date:   ADD:
03/14/05   BRADY


Printed Page 1500 . . . . . Monday, March 14, 2005

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   BALLENTINE

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   HUGGINS

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   THOMPSON

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   WHITE

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   J. E. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   MILLER

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   J. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   M. HINES


Printed Page 1501 . . . . . Monday, March 14, 2005

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   TOWNSEND

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   TALLEY

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   W. D. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   HASKINS

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   NEILSON

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   LEACH

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   SINCLAIR

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   GOVAN


Printed Page 1502 . . . . . Monday, March 14, 2005

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   G. M. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   EDGE

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   COOPER

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   BREELAND

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   J. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   HOSEY

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   ALLEN


Printed Page 1503 . . . . . Monday, March 14, 2005

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   DAVENPORT

CO-SPONSOR ADDED

Bill Number:   H. 3189 (Word version)
Date:   ADD:
03/14/05   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 3296 (Word version)
Date:   ADD:
03/14/05   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 3213 (Word version)
Date:   ADD:
03/14/05   MERRILL

CO-SPONSOR ADDED

Bill Number:   H. 3732 (Word version)
Date:   ADD:
03/14/05   MARTIN

CO-SPONSOR REMOVED

Bill Number:   H. 3604 (Word version)
Date:   REMOVE:
03/14/05   SCARBOROUGH

CO-SPONSOR REMOVED

Bill Number:   H. 3604 (Word version)
Date:   REMOVE:
03/14/05   WITHERSPOON

S. 426--DEBATE ADJOURNED

Rep. G. M. SMITH moved to adjourn debate upon the following Bill until Tuesday, March 15, which was adopted:

S. 426 (Word version) -- Senator Land: A BILL TO AMEND ACT 355 OF 2004, RELATING TO THE CLARENDON COUNTY SCHOOL


Printed Page 1504 . . . . . Monday, March 14, 2005

DISTRICTS' PROPERTY TAX RELIEF ACT, AND THE ONE PERCENT SALES TAX AUTHORIZED TO BE IMPOSED IN CLARENDON COUNTY FOR SCHOOL CONSTRUCTION, SO AS TO DELETE THE EXEMPTION ALLOWED IN THE CLARENDON COUNTY SALES AND USE TAX FOR FOOD WHICH MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3577 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-13-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDE REGISTRATION FEES, SO AS TO INCREASE THE ANNUAL BASIC REGISTRATION FEE, TO PROVIDE A PROCEDURE FOR FUTURE INCREASES, AND FURTHER PROVIDE FOR THE USE OF THESE FUNDS.

Rep. FRYE explained the Bill.

H. 3578 (Word version) -- Reps. Witherspoon, Frye, Hiott, Ott and Vick: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO FERTILIZER REGULATIONS, SO AS TO REVISE THE DEFINITION OF "SOIL AMENDMENT"; TO AMEND SECTION 46-25-30, AS AMENDED, RELATING TO ANALYSIS OF PLANT NUTRIENTS, SO AS TO PERMIT THE STATE CROP PEST COMMISSION TO REQUIRE PROOF OF CLAIMS MADE FOR FERTILIZER; AND TO AMEND SECTION 46-25-810, AS AMENDED, RELATING TO AN INSPECTION TAX AND TONNAGE REPORTS IN REGARD TO COMMERCIAL FERTILIZER, SO AS TO INCREASE THE INSPECTION TAX AND FURTHER PROVIDE FOR THE TONNAGE REPORT ON FERTILIZER SOLD, AND FOR CERTAIN ACTIONS WHICH WILL BE TAKEN IF THE REQUIRED TAXES AND REPORTS ARE NOT MADE.

Rep. FRYE explained the Bill.


Printed Page 1505 . . . . . Monday, March 14, 2005

H. 3454 (Word version) -- Reps. Cotty and Harrison: A BILL TO AMEND SECTION 29-3-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF ENTERING A MORTGAGE SATISFACTION, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE AFFIDAVIT THAT AN ATTORNEY IS PERMITTED TO FILE IN REGARD TO A MORTGAGE WHICH HE HAS SATISFIED.

Rep. HARRISON explained the Bill.

H. 3413 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL EDUCATION", "VOCATIONAL TRAINING", "VOCATIONAL PROGRAMS", AND OTHERS TO "CAREER AND TECHNOLOGY EDUCATION", "CAREER AND TECHNOLOGY TRAINING", "CAREER AND TECHNOLOGY PROGRAMS", TO MAKE OTHER CORRESPONDING CHANGES, TO FURTHER PROVIDE FOR PROCEDURES REGARDING THE EXPENDITURE OF CERTAIN FUNDING, AND TO MAKE TECHNICAL CORRECTIONS.

Rep. WALKER explained the Bill.

H. 3024 (Word version) -- Reps. Davenport, Barfield, Leach, Rice, Simrill and Mahaffey: A BILL TO AMEND SECTION 56-3-3950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES, SO AS TO SPECIFY THE PROJECTS THAT THE "KEEP SOUTH CAROLINA BEAUTIFUL FUND" MAY BE USED TO FINANCE, AND TO REVISE THE ALLOCATION OF THE FEES COLLECTED FROM THE ISSUANCE OF "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES.

Rep. J. M. NEAL explained the Bill.


Printed Page 1506 . . . . . Monday, March 14, 2005

H. 3503 (Word version) -- Reps. Limehouse and Scarborough: A BILL TO AMEND SECTION 56-3-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERSONALIZED LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT PERSONALIZED LICENSE PLATES ISSUED TO MEMBERS OF FEDERAL COMMISSIONS AND BOARDS EXPIRE JANUARY THIRTY-FIRST EACH YEAR IN WHICH A NEW SESSION OF THE GENERAL ASSEMBLY BEGINS.

Rep. J. M. NEAL explained the Bill.

S. 113 (Word version) -- Senators Verdin, Knotts, Elliott and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 48 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SONS OF CONFEDERATE VETERANS SPECIAL LICENSE PLATES.

Rep. J. M. NEAL explained the Bill.

S. 493--DEBATE ADJOURNED

Rep. OTT moved to adjourn debate upon the following Joint Resolution until Tuesday, March 15, which was adopted:

S. 493 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION-ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO CHAPTER REVISION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2931, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3392--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3392 (Word version) -- Reps. Toole, Clyburn, Jefferson, Limehouse, Vaughn, Pinson and Vick: A BILL TO AMEND SECTION 59-150-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION ASSISTANCE TO ATTEND A STATE TECHNICAL COLLEGE OR A TWO-YEAR INSTITUTION, SO AS TO


Printed Page 1507 . . . . . Monday, March 14, 2005

PROVIDE THAT IF A STUDENT FEELS THAT HE WILL DEFINITELY NOT QUALIFY TO RECEIVE FEDERAL FINANCIAL AID, THE STUDENT MAY COMPLETE A SIMPLE FORM OF MINIMUM QUESTIONS TO DETERMINE IF THE STUDENT DEFINITELY WILL NOT QUALIFY TO RECEIVE FEDERAL FINANCIAL AID, AND IF SO, THE STUDENT IS EXEMPT FROM COMPLETING THE FREE APPLICATION FOR FEDERAL STUDENT AID.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\2429SJ05), which was adopted:
Amend the bill, as and if amended, Section 59-150-360(A) as contained in SECTION 1, by deleting the last undesignated paragraph in its entirety and inserting:
/   Regulations for implementation of this section are the responsibility of the South Carolina State Board for Technical and Comprehensive Education, for the technical college system, and the Commission on Higher Education, for the two-year public and private institutions. These regulations must be developed in a coordinated effort, provide for the allocation of funds based on the tuition assistance granted at each institution, and be interchangeable between each of the institutions affected." /
Renumber sections to conform.
Amend title to conform.

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

Rep. SKELTON explained the Bill.

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

H. 3072--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3072 (Word version) -- Reps. Cobb-Hunter, Viers, Brady, Toole, Ceips and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 74 TO


Printed Page 1508 . . . . . Monday, March 14, 2005

CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR "BREAST CANCER AWARENESS" SPECIAL LICENSE PLATES.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6401CM05), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 2, 3, and 4 in their entirety and inserting:
/ SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. J. M. NEAL explained the amendment.
The amendment was then adopted.

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

H. 3728--RECONSIDERED AND DEBATE ADJOURNED

The motion of Rep. MAHAFFEY to reconsider the vote whereby the following Bill was given a third reading was taken up and agreed to:

H. 3728 (Word version) -- Reps. Mahaffey, Sinclair, Davenport and Lee: A BILL TO AMEND ACT 1105 OF 1956, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX-JACKSON-WELLFORD-DUNCAN WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE THAT ALL COMMISSIONERS OF THE DISTRICT SHALL RESIDE IN THE DISTRICT OR IN ITS SERVICE AREA.

Rep. MAHAFFEY moved to adjourn debate on the Bill, which was agreed to.

H. 3402--RECALLED AND REFERRED TO COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:


Printed Page 1509 . . . . . Monday, March 14, 2005

H. 3402 (Word version) -- Reps. M. A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E. H. Pitts, G. R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White and Clemmons: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST.

H. 3008--POINT OF ORDER

The Senate amendments to the following Bill were taken up for consideration:

H. 3008 (Word version) -- Reps. Cato, Bales, Clark, Barfield, Huggins, Frye, Sandifer, E. H. Pitts, Taylor, Anthony, Bailey, Battle, Bingham, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Davenport, Duncan, Edge, Hamilton, Hardwick, Harrell, Hinson, Kirsh, Leach, Limehouse, Littlejohn, Loftis, McCraw, Norman, Owens, Perry, Pinson, Rice, Simrill, Skelton, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, White, Whitmire, Wilkins, Witherspoon, Coates, Brady, Ballentine, Ott, Mahaffey, Haley, Hagood, Bowers and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 15, SO AS TO ENACT THE "SOUTH CAROLINA ECONOMIC DEVELOPMENT, CITIZENS, AND SMALL BUSINESS PROTECTION ACT OF 2005", PROVIDING FOR DEFINITIONS OF THE TERMS "DAMAGES", "FAULT", AND "PERSON", SEVERAL LIABILITY IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, A PROCEDURE FOR ASSESSING PERCENTAGES OF FAULT, JOINT LIABILITY ON ALL WHO CONSCIOUSLY AND DELIBERATELY PURSUE A COMMON PLAN TO COMMIT A TORTIOUS ACT, PLACEMENT OF THE BURDEN OF PROVING FAULT ON THE PERSON SEEKING TO ESTABLISH FAULT, AND AN EXCEPTION TO THE PROVISIONS OF THE CHAPTER; TO AMEND SECTION 15-3-


Printed Page 1510 . . . . . Monday, March 14, 2005

640, RELATING TO AN ACTION BASED UPON A DEFECTIVE OR UNSAFE IMPROVEMENT TO REAL PROPERTY, SO AS TO DECREASE THE TIME AN ACTION MAY BE BROUGHT FROM THIRTEEN TO SIX YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT; TO AMEND SECTION 15-7-30, RELATING TO ACTIONS THAT MUST BE TRIED WHERE THE DEFENDANT RESIDES, SO AS TO DEFINE KEY TERMS AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING THE PRINCIPAL PLACE OF BUSINESS; TO AMEND SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEY'S FEES AND COSTS OF FRIVOLOUS LAWSUITS, SO AS TO REPLACE THE EXISTING PROVISIONS WITH PROVISIONS REQUIRING THE SIGNATURE OF AN ATTORNEY OR PARTY ON ALL PLEADINGS AND OTHER DOCUMENTS FILED IN A CIVIL OR ADMINISTRATIVE ACTION, TO PROVIDE A PROCEDURE FOR ADMINISTERING SANCTIONS FOR A VIOLATION, AND TO PROVIDE FOR THE REPORTING OF AN ATTORNEY TO THE COMMISSION ON LAWYER CONDUCT; TO AMEND SECTION 36-2-803, RELATING TO PERSONAL JURISDICTION BASED UPON CONDUCT, SO AS TO ALLOW THE COURT TO CHANGE THE PLACE OF TRIAL WHEN THE CONVENIENCE OF WITNESSES AND THE ENDS OF JUSTICE WOULD BE PROMOTED BY THE CHANGE; TO REPEAL SECTIONS 15-36-20, 15-36-30, 15-36-40, AND 15-36-50 ALL RELATING TO FRIVOLOUS LAWSUITS, AND SECTION 58-23-90 RELATING TO VENUE IN ACTIONS AGAINST LICENSED MOTOR CARRIERS.

POINT OF ORDER

Rep. MERRILL made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

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

Rep. HARRELL moved that when the House adjourns today that it adjourn to meet at 9:30 in the morning, which was agreed to.


Printed Page 1511 . . . . . Monday, March 14, 2005

H. 3716--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 3716--GENERAL APPROPRIATION BILL

MOTION ADOPTED

Rep. HARRELL moved that H. 3716, the General Appropriation Bill, be considered section-by-section on second reading, beginning with Part 1A, which was agreed to.

Rep. HARRELL moved that while debating H. 3716, the General Appropriation Bill, he be allowed to note a motion daily to reconsider each section adopted, which was agreed to.

PART IA

SECTION 1--AMENDED AND DEBATE ADJOURNED

Rep. KIRSH proposed the following Amendment No. 11 (Doc Name h:\legwork\house\amend\h-wm\004\newfte.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 1, line 27, opposite /classified positions/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

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

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

Rep. COBB-HUNTER moved to adjourn debate on the Section, which was agreed to.

SECTION 2

Section 2 was adopted.

SECTION 3

Section 3 was adopted.


Printed Page 1512 . . . . . Monday, March 14, 2005

SECTION 5A--AMENDED AND ADOPTED

Reps. HARRELL, MCLEOD and EMORY proposed the following Amendment No. 6 (Doc Name h:\legwork\house\amend\h-wm\007\reduce life for discus.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 5A, COMMISSION ON HIGHER EDUCATION, page 30, line 4, opposite /LIFE Scholarships/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

$2,015,460   $2,015,460
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 5A, as amended, was adopted.

SECTION 5B

Section 5B was adopted.

SECTION 5C

Section 5C was adopted.

SECTION 5D

Section 5D was adopted.

SECTION 5F

Section 5F was adopted.

SECTION 5G

Section 5G was adopted.

SECTION 5H

Section 5H was adopted.

SECTION 5J

Section 5J was adopted.


Printed Page 1513 . . . . . Monday, March 14, 2005

SECTION 5KA

Section 5KA was adopted.

SECTION 5KB

Section 5KB was adopted.

SECTION 5KC

Section 5KC was adopted.

SECTION 5KD

Section 5KD was adopted.

SECTION 5KE

Section 5KE was adopted.

SECTION 5KG

Section 5KG was adopted.

SECTION 5KH

Section 5KH was adopted.

SECTION 5L

Section 5L was adopted.

SECTION 5MA

Section 5MA was adopted.

SECTION 5MB

Section 5MB was adopted.

SECTION 5N

Section 5N was adopted.

SECTION 6

Section 6 was adopted.

SECTION 7

Section 7 was adopted.


Printed Page 1514 . . . . . Monday, March 14, 2005

SECTION 8--AMENDED AND ADOPTED

Rep. HARRELL proposed the following Amendment No. 17 (Doc Name h:\legwork\house\amend\h-wm\008\rrrh.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 82, line 25, opposite /other operating expenses/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

104,990     104,990
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 8, as amended, was adopted.

SECTION 9

Section 9 was adopted.

SECTION 11

Section 11 was adopted.

SECTION 12

Section 12 was adopted.

SECTION 13--DEBATE ADJOURNED

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Section 13, page 121, line 25, violates House Rule 5.4.
SPEAKER WILKINS stated that he would take it under advisement.

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


Printed Page 1515 . . . . . Monday, March 14, 2005

SECTION 17--AMENDED AND ADOPTED

Reps. HARRELL, MCLEOD and EMORY proposed the following Amendment No. 7 (Doc Name h:\legwork\house\amend\h-wm\007\fund discus from life.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 17, STATE LIBRARY, page 130, immediately after line 15, by inserting a new line to read:

Column 3   Column 4
DISCUS Program   $2,015,360   $2,015,360
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 17, as amended, was adopted.

SECTION 18

Section 18 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23A

Section 23A was adopted.

SECTION 24

Section 24 was adopted.

SECTION 25

Section 25 was adopted.


Printed Page 1516 . . . . . Monday, March 14, 2005

SECTION 28

Section 28 was adopted.

SECTION 29

Section 29 was adopted.

SECTION 29A

Section 29A was adopted.

SECTION 30

Section 30 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 34

Section 34 was adopted.

SECTION 35

Section 35 was adopted.

SECTION 36

Section 36 was adopted.

SECTION 36A

Section 36A was adopted.

SECTION 37

Section 37 was adopted.

SECTION 38

Section 38 was adopted.

SECTION 39

Section 39 was adopted.

SECTION 40

Section 40 was adopted.

SECTION 41

Section 41 was adopted.


Printed Page 1517 . . . . . Monday, March 14, 2005

SECTION 42

Section 42 was adopted.

SECTION 42A

Section 42A was adopted.

SECTION 43

Section 43 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 46

Section 46 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 51--AMENDED AND ADOPTED

Rep. VAUGHN proposed the following Amendment No. 36 (Doc Name h:\legwork\house\amend\h-wm\006\escrestore.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 51, EMPLOYMENT SECURITY COMMISSION, page 239, line 34, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

101,556     101,556


Printed Page 1518 . . . . . Monday, March 14, 2005

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

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

Section 51, as amended, was adopted.

SECTION 53A

Section 53A was adopted.

SECTION 53B

Section 53B was adopted.

SECTION 54A

Section 54A was adopted.

SECTION 54B

Section 54B was adopted.

SECTION 54C

Section 54C was adopted.

SECTION 54D

Section 54D was adopted.

SECTION 54E

Section 54E was adopted.

SECTION 54H

Section 54H was adopted.

SECTION 55

Section 55 was adopted.

SECTION 56A

Section 56A was adopted.

SECTION 56B

Section 56B was adopted.


Printed Page 1519 . . . . . Monday, March 14, 2005

SECTION 56C

Section 56C was adopted.

SECTION 56D

Section 56D was adopted.

SECTION 57

Section 57 was adopted.

SECTION 58

Section 58 was adopted.

SECTION 59

Section 59 was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61

Section 61 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 63A

Section 63A was adopted.

SECTION 63B

Section 63B was adopted.

SECTION 63C

Section 63C was adopted.

SECTION 64

Section 64 was adopted.

SECTION 65

Section 65 was adopted.

SECTION 66

Section 66 was adopted.


Printed Page 1520 . . . . . Monday, March 14, 2005

SECTION 68--AMENDED AND ADOPTED

Rep. COOPER proposed the following Amendment No. 16 (Doc Name h:\legwork\house\amend\h-wm\005\68 trans debt scvs from b&cb.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 68, DEBT SERVICE, page 307, immediately after line 16, by inserting a new line to read:

Column 3   Column 4
SC Resources Authority Debt Service

420,000     420,000
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 68, as amended, was adopted.

SECTION 69A

Section 69A was adopted.

SECTION 69B

Section 69B was adopted.

SECTION 69C

Section 69C was adopted.

SECTION 1--DEBATE ADJOURNED

Rep. PARKS proposed the following Amendment No. 45 (Doc Name h:\legwork\house\amend\h-wm\004\status offender.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, line 28, opposite /status offender (L12)/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

527,835     527,835
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1521 . . . . . Monday, March 14, 2005

Rep. PARKS explained the amendment.

Rep. HARRELL spoke against the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 69; Nays 30

Those who voted in the affirmative are:

Altman                 Bales                  Ballentine
Barfield               Battle                 Bingham
Brady                  Cato                   Ceips
Chalk                  Chellis                Clemmons
Coates                 Cooper                 Cotty
Dantzler               Edge                   Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Hayes                  Hinson                 Hiott
Huggins                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               McCraw
McGee                  Merrill                Miller
Neilson                Norman                 Owens
Perry                  Phillips               Rice
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Thompson               Toole                  Townsend
Umphlett               Vaughn                 Vick
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--69

Those who voted in the negative are:

Agnew                  Anderson               Branham
Breeland               J. Brown               R. Brown
Cobb-Hunter            Duncan                 Emory

Printed Page 1522 . . . . . Monday, March 14, 2005

Frye                   Funderburk             Govan
Herbkersman            M. Hines               Hosey
Jefferson              Lee                    Mack
Moody-Lawrence         J. H. Neal             J. M. Neal
Ott                    Parks                  M. A. Pitts
Rivers                 Scott                  J. E. Smith
Taylor                 Weeks                  Whipper

Total--30

So, the amendment was tabled.

Rep. MCLEOD proposed the following Amendment No. 66 (Doc Name h:\legwork\house\amend\h-wm\004\bus mech sal incr.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 3, line 15, opposite /classified positions/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

1,000,000   1,000,000
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. HARRELL moved to adjourn debate on the Section, which was agreed to.

SECTION 1AA--ADOPTED

Rep. J. R. SMITH explained the Section.

Section 1AA was adopted.

SECTION 4

Section 4 was adopted.


Printed Page 1523 . . . . . Monday, March 14, 2005

SECTION 5E--AMENDED AND ADOPTED

Rep. LIMEHOUSE proposed the following Amendment No. 68 (Doc Name h:\legwork\house\amend\h-wm\007\chas new fte.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 5E, UNIVERSITY OF CHARLESTON, page 37, lines 16-17, opposite /"Program Coordinator I"/ by increasing the fte amount(s) in Column 3 by:

Column 3

(2.00)
Amend the bill further, as and if amended, page 37, lines 18-19, opposite /"Administrative Coordinator I"/ by increasing the fte amount(s) in Column 3 by:

Column 3

(2.00)
Amend the bill further, as and if amended, page 37, lines 33-34, opposite /"Assistant Professor"/ by increasing the fte amount(s) in Column 3 by:

Column 3

(5.25)
Amend the bill further, as and if amended, page 37, immediately after line 34, by inserting new fte lines to read:

Column 3
"Vice Presidents"

(2.00)

Column 3
"Dean"

(1.00)
"Student Service
Program Coordinator"

(1.00)
"Information Resource
Consultant"

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

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


Printed Page 1524 . . . . . Monday, March 14, 2005

Section 5E, as amended, was adopted.

SECTION 5KF

Section 5KF was adopted.

SECTION 10

Section 10 was adopted.

SECTION 13--DEBATE ADJOURNED

Rep. J. E. SMITH moved to adjourn debate upon the Section, which was agreed to.

SECTION 14--AMENDED AND ADOPTED

Rep. Harrell proposed the following Amendment No. 18 (Doc Name h:\legwork\house\amend\h-wm\008\radio reader harrell .doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 14, COMMISSION FOR THE BLIND, page 126, line 11, opposite /classified positions/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

77,424       77,424
Amend the bill further, as and if amended, page 126, line 15, opposite /other operating expenses/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

27,566       27,566
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 14, as amended, was adopted.

SECTION 15--ADOPTED

Rep. HOSEY proposed the following Amendment No. 29 (Doc Name h:\legwork\house\amend\h-wm\007\archives hosey 25000.doc), which was tabled:


Printed Page 1525 . . . . . Monday, March 14, 2005

Amend the bill, as and if amended, Part IA, Section 15, DEPARTMENT OF ARCHIVES AND HISTORY, page 127, line 10, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

$25,000     $25,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HOSEY explained the amendment.

Rep. LIMEHOUSE moved to table the amendment, which was agreed to by a division vote of 47 to 16.

Section 15 was adopted.

SECTION 23--ADOPTED

Rep. MCGEE explained the Section.

Section 23 was adopted.

SECTION 26--DEBATE ADJOURNED

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

SECTION 27--DEBATE ADJOURNED

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

SECTION 32

Section 32 was adopted.

SECTION 53

Section 53 was adopted.

SECTION 63--AMENDED AND ADOPTED

Rep. COOPER proposed the following Amendment No. 14 (Doc Name h:\legwork\house\amend\h-wm\005\63 1a trans new ellent debt scvs.doc), which was adopted:


Printed Page 1526 . . . . . Monday, March 14, 2005

Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 294, line 17, opposite /Debt Service/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

420,000     420,000
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 63, as amended, was adopted.

Rep. OTT moved that the House recede until 2:15 p.m., which was agreed to.

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

THE HOUSE RESUMES

At 2:15 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.

POINT OF QUORUM

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

SPEAKER IN CHAIR

LEAVE OF ABSENCE

The SPEAKER granted Rep. CHELLIS a leave of absence for the remainder of the day due to a death in the family.

H. 3716--AMENDED AND INTERRUPTED DEBATE

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

H. 3716--THE GENERAL APPROPRIATION BILL

H. 3716 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET


Printed Page 1527 . . . . . Monday, March 14, 2005

THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2005; 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.

SECTION 1--ADOPTED

Rep. D.W. SMITH proposed the following Amendment No. 72 (Doc Name h:\legwork\house\ amend\h-wm\004\per pupil.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, line 24, opposite /AID SCHL DIST-EDUC FIN ACT/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3     Column 4

315,169,752   315,169,752
Amend the bill further, as and if amended, page 11, after line 24, by inserting:

Column 3   Column 4
/School Per
Pupil Funding

315,169,752   315,169,752/
Renumber sections to conform.
Amend totals and titles conform.

Rep. W. D. SMITH explained the amendment.

Rep. W. D. SMITH spoke in favor of the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. W. D. SMITH continued speaking.

SPEAKER IN CHAIR

Rep. J. R. SMITH moved to table the amendment, which was agreed to.

Section 1 was adopted.


Printed Page 1528 . . . . . Monday, March 14, 2005

SECTION 13--ADOPTED

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Section 13, page 121, line 25, violates Rule 5.4.
Rep. HARRELL argued contra to the Point of Order, stating that the use of funds is not a private claim, as noted in Rule 5.4.
Rep. EDGE argued contra.
Rep. J.E. SMITH argued contra.
SPEAKER WILKINS overruled the Point of Order, stating that while the Heritage Pregnancy Prevention Corporation might be a private entity, the distinction is that the appropriation of the funds was for the entity to perform a "public service" in a "public forum", which distinguished it from prior precedents.

Section 13 was adopted.

SECTION 26--AMENDED AND ADOPTED

Rep. HARRELL proposed the following Amendment No. 74 (Doc Name h:\legwork\house\amend\h-wm\002\palbowl.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 163, line 5, opposite /Palmetto Bowl/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

380,000     380,000
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 26, as amended, was adopted.

SECTION 27

Section 27 was adopted.


Printed Page 1529 . . . . . Monday, March 14, 2005

PART IB

SECTION 1--AMENDED AND DEBATE ADJOURNED

Rep. HAYES proposed the following Amendment No. 31 (Doc Name h:\legwork\house\amend\h-wm\004\admin exempt.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 323, paragraph 20, after line 26, by inserting:
/Retired school or school district administrators may return to full employment with the school or district after retirement or upon completion of the TERI program. These administrators shall not be subject to the state's wage limitation. However, Administrators electing to continue working at a salary exceeding the earnings limitation requirement shall be required to make full contributions to the s.c. retirement system but shall not accrue any benefits from these contributions./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HAYES explained the amendment.

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

Rep. J.R. SMITH proposed the following Amendment No. 22 (Doc Name h:\legwork\house\amend\h-wm\004\basic skills.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 325, paragraph 31, by striking lines 13-14, and by reinserting: /1.31. (SDE: Basic Skills Exam) Any person required to take and pass the Basic Skill Examination pursuant to Sections 59-26-20 and 59-26-40, and fails to achieve a passing score on all sections shall be allowed to retake the test or a portion thereof./
Renumber sections to conform.
Amend totals and titles to conform.

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


Printed Page 1530 . . . . . Monday, March 14, 2005

ACTING SPEAKER CATO IN CHAIR

Rep. J. R. SMITH proposed the following Amendment No. 24 (Doc Name h:\legwork\house\amend\h-wm\004\emergency dist gf.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 334, paragraph 71, lines 8-9, by striking: /For the 2004-05 school year, the department may utilize a supplemental alternative technical assistance program in a state of emergency school district.
and by inserting: /For the 2004-05 current school year, the department may utilize a supplemental alternative technical assistance program in a state of emergency school district.
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. J.E. SMITH proposed the following Amendment No. 38 (Doc Name h:\legwork\house\amend\council\pt\2446sj05.doc), which was adopted:
Amend the bill, as and if amended, Part IB, SECTION 1, DEPARTMENT OF EDUCATION, page 335, after line 33, by adding an appropriately numbered paragraph to read:
/ 1.__.     (SDE: No Discrimination requirement)   State funds must not be appropriated to a school that discriminates against or participates with or is a member of an association with policies that discriminate or afford different treatment of students based on race or national origin./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. Hinson proposed the following Amendment No. 42 (Doc Name h:\legwork\house\amend\h-wm\004\ecers.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 335, paragraph 75, line 7, by striking:/state Early Childhood Environment Rating Scores,/


Printed Page 1531 . . . . . Monday, March 14, 2005

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

Rep. HINSON explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HINSON continued speaking.
Rep. MOODY-LAWRENCE spoke against the amendment.
Rep. HARRELL spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 70; Nays 24

Those who voted in the affirmative are:

Agnew                  Altman                 Bailey
Bales                  Ballentine             Barfield
Battle                 Bingham                Bowers
Brady                  Ceips                  Chalk
Clark                  Clemmons               Coates
Coleman                Cooper                 Dantzler
Davenport              Duncan                 Edge
Frye                   Hagood                 Hamilton
Hardwick               Harrell                Hayes
Herbkersman            Hinson                 Hiott
Huggins                Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               McCraw
McGee                  Miller                 Neilson
Norman                 Ott                    Owens
E. H. Pitts            M. A. Pitts            Rice
Rutherford             Scarborough            Simrill
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Vaughn                 Vick

Printed Page 1532 . . . . . Monday, March 14, 2005

Walker                 White                  Witherspoon
Young

Total--70

Those who voted in the negative are:

Breeland               G. Brown               J. Brown
Clyburn                Cotty                  Funderburk
Govan                  Haley                  Harvin
J. Hines               M. Hines               Hosey
Kennedy                Lee                    Mack
McLeod                 Moody-Lawrence         Parks
Perry                  Rivers                 Scott
Townsend               Weeks                  Whipper

Total--24

So, the amendment was adopted.

Rep. HINSON proposed the following Amendment No. 43 (Doc Name h:\legwork\house\amend\h-wm\004\no ecers.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 335, after line 33, by adding an appropriately numbered paragraph to read:
/(SDE: Prohibit Implementation of ECERS Program) The Department of Education is prohibited from utilizing any appropriated or authorized funds to implement the early childhood environment rating scores program./
Renumber sections to conform.
Amend totals and titles to conform.

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

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


Printed Page 1533 . . . . . Monday, March 14, 2005

SECTION 1A--AMENDED AND ADOPTED

Rep. J.R. SMITH proposed the following Amendment No. 21 (Doc Name h:\legwork\house\amend\h-wm\004\emergency dist eia.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION, page 349, paragraph 51, line 6, by inserting after Education:
/For the current school year, the department may utilize a supplemental alternative technical assistance program in a state of emergency school district./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. J. R. SMITH proposed the following Amendment No. 23 (Doc Name h:\legwork\house\amend\h-wm\004\summer school impact.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 349, paragraph 53, line 30, by inserting after waived:
/Furthermore, of the funds appropriated for summer school, up to $250,000 will be allocated to the Education Oversight Committee for an evaluation of the impact of summer school and other remediation programs on student achievement./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. TOWNSEND and WALKER proposed the following Amendment No. 33 (Doc Name h:\legwork\house\amend\h-wm\004\hsthatwork.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 350, paragraph 57, line 7, by striking /and the/ and inserting after ways and means committee/the Chairman of the Senate Education Committee, and the Chairman of the House Education and Public Works Committee/


Printed Page 1534 . . . . . Monday, March 14, 2005

Amend the bill further, as and if amended, page 350, paragraph 57, line 8, by inserting after workforce:
/and student success in post-secondary education/
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 1A, as amended, was adopted.

SECTION 1AA--AMENDED AND ADOPTED

Reps. HARRELL, MCLEOD and EMORY proposed the following Amendment No. 8 (Doc Name h:\legwork\house\amend\h-wm\007\lottery life for discus.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 353, paragraph 12, line 32, by striking /$109,978,939/ and inserting /$110,298,090/
Amend the bill further, as and if amended, page 353, paragraph 12, line 34, by striking /$14,701,142/ and inserting /$14,381,991/
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 1AA, as amended, was adopted.

SECTION 2

Section 2 was adopted.

SECTION 3

Section 3 was adopted.

SECTION 4

Section 4 was adopted.

SECTION 5A

Section 5A was adopted.


Printed Page 1535 . . . . . Monday, March 14, 2005

SECTION 5B

Section 5B was adopted.

SECTION 5D

Section 5D was adopted.

SECTION 5K

Section 5K was adopted.

SECTION 5M

Section 5M was adopted.

SECTION 5N

Section 5N was adopted.

SECTION 6

Section 6 was adopted.

SECTION 7

Section 7 was adopted.

SECTION 8--AMENDED AND ADOPTED

Rep. J. E. SMITH proposed the following Amendment No. 34 (Doc Name h:\legwork\house\amend\h-wm\008\nurse rate jes.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 371, paragraph 38, line 11, by adding after/Control./the words/This rate increase must only be used to increase salaries for registered nurses and licensed practical nurses./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. NEILSON proposed the following Amendment No. 77 (Doc Name h:\legwork\house\amend\h-wm\008\trauma.doc), which was adopted:


Printed Page 1536 . . . . . Monday, March 14, 2005

Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 371, after line 11, by adding an appropriately numbered paragraph to read:
/From the funds appropriated for this purpose, the department is directed to establish a trauma fund. Sixty percent of the fund shall be used to create a pool to be allocated to trauma hospitals based on reimbursement methodology to be determined by the department. Forty percent of the fund shall be used to increase reimbursement for trauma specialists professional services. The identification of trauma specialists and reimbursement methodology shall be determined by the department. The department shall apply federal matching funds subject to approval by the Center for Medicare and Medicaid Services. This proviso takes effect October 1, 2005./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. JEFFERSON proposed the following Amendment No. 86 (Doc Name h:\legwork\house\amend\h-wm\003\cainhoy.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 371, after line 12, by adding an appropriately numbered paragraph to read:
/From the funds appropriated to the agency, the department must earmark up to $300,000 of its funds to improve public access to Medicaid services for the following communities in Berkeley County: Cainhoy, Pineville and Cross./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. JEFFERSON explained the amendment.

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

Section 8, as amended, was adopted.


Printed Page 1537 . . . . . Monday, March 14, 2005

SECTION 9--AMENDED AND ADOPTED

Rep. J. E. SMITH proposed the following Amendment No. 47 (Doc Name h:\legwork\house\amend\council\bbm\10728mm05.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 375, paragraph 9.31, lines 31-33, by deleting the lines in their entirety and inserting:
/ (DHEC: MCH-Abstinence Education) The agency under contract with the State of South Carolina as of December 2000, and funded with federal funds under the provisions of Title V, Section 510, must continue to be under contract at the same funding level, for the same purposes for the current fiscal year until September 30, 2004. Applicants for Title V, Section 510 funding must /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

SPEAKER IN CHAIR

Rep. J. E. SMITH continued speaking.

Rep. EDGE moved to table the amendment.

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

Yeas 62; Nays 35

Those who voted in the affirmative are:

Ballentine             Barfield               Battle
Bingham                Brady                  Cato
Ceips                  Chalk                  Clark
Clemmons               Coates                 Cooper
Cotty                  Davenport              Delleney
Duncan                 Edge                   Frye
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harvin
Haskins                Herbkersman            Hinson
Hiott                  Huggins                Leach

Printed Page 1538 . . . . . Monday, March 14, 2005

Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               McGee
Merrill                Neilson                Norman
Rice                   Sandifer               Scarborough
Simrill                Sinclair               D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Vaughn                 Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--62

Those who voted in the negative are:

Agnew                  Anderson               Anthony
Bales                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Coleman                Emory                  Funderburk
Govan                  Hayes                  J. Hines
M. Hines               Hosey                  Howard
Jefferson              Kirsh                  McCraw
McLeod                 Moody-Lawrence         Ott
Owens                  Perry                  E. H. Pitts
Rivers                 Rutherford             Skelton
F. N. Smith            J. E. Smith            Vick
Weeks                  Whipper

Total--35

So, the amendment was tabled.

Rep. BOWERS proposed the following Amendment No. 9 (Doc Name h:\legwork\house\amend\h-wm\008\beach re tf2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 379, after line 20, by adding an appropriately numbered paragraph to read:


Printed Page 1539 . . . . . Monday, March 14, 2005

/(DHEC: Beach Renourishment) Funds allocated for beach renourishment shall be spent in accordance with the priorities established by the Office of Coastal Resource Management./
Renumber sections to conform.
Amend totals and titles to conform.

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

LEAVE OF ABSENCE

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

Rep. BINGHAM proposed the following Amendment No. 90 (Doc Name h:\legwork\house\amend\h-wm\008\bingham 2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 379, after line 20, by adding an appropriately numbered paragraph to read:
/There is established a joint ad-hoc committee to examine the certificate of need process in South Carolina. This committee will be composed of five members of the House of Representatives appointed by the Speaker of the House and five members of the Senate appointed by the President Pro Tempore of the Senate.

Members of the committee shall receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees and commissions. The findings and recommendations of the committee must be submitted to the General Assembly no later than January 1, 2006./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BINGHAM explained the amendment.

POINT OF ORDER

Rep. MOODY-LAWRENCE raised the Point of Order that Amendment No. 90 was out of order in that it was not germane to the budget.
Rep. COOPER argued contra.


Printed Page 1540 . . . . . Monday, March 14, 2005

SPEAKER WILKINS overruled the Point of Order as the amendment directs how the funds are expended.

The amendment was then adopted.

Section 9, as amended, was adopted.

SECTION 10--AMENDED AND ADOPTED

Rep. WHITE proposed the following Amendment No. 4 (Doc Name h:\legwork\house\amend\h-wm\008\white 8.12.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 381, paragraph 12, lines 19-31, by striking the paragraph in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. WHITE explained the amendment.

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

Rep. BOWERS proposed the following Amendment No. 10 (Doc Name h:\legwork\house\amend\h-wm\008\bowers refund.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 381, after line 31, by adding an appropriately numbered paragraph to read:
/Any under budget surplus from construction of VA Home in Colleton County shall be refunded to Colleton county in the appropriate proportion reflecting Colleton County's cost share contribution./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 10, as amended, was adopted.


Printed Page 1541 . . . . . Monday, March 14, 2005

SECTION 11

Section 11 was adopted.

SECTION 12

Section 12 was adopted.

SECTION 13--ADOPTED

Reps. J. E. SMITH and SCOTT proposed the following Amendment No. 46 (Doc Name h:\legwork\house\amend\council\bbm\ 10731mm05.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 388, paragraph 13.29, lines 1-5, by deleting the paragraph in its entirety and inserting:
/ 13.29. (DSS: Childcare Center Rating System) The department may spend funds and for implementing and implement the rating system proposed by the "South Carolina Task Force on Quality Early Care and Education". /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. SCOTT spoke in favor of the amendment.
Rep. DAVENPORT spoke against the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. EDGE spoke against the amendment.

Rep. EDGE moved to table the amendment.

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

Yeas 71; Nays 36

Those who voted in the affirmative are:

Altman                 Bales                  Barfield
Battle                 Bingham                Cato
Ceips                  Clark                  Clemmons
Coates                 Coleman                Cooper
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye

Printed Page 1542 . . . . . Monday, March 14, 2005

Hagood                 Hamilton               Hardwick
Harrell                Harrison               Haskins
Hayes                  Herbkersman            Hinson
Hiott                  Huggins                Kirsh
Leach                  Lee                    Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               McCraw                 McGee
Merrill                Neilson                Norman
Owens                  Perry                  Pinson
E. H. Pitts            Rice                   Sandifer
Scarborough            Simrill                Skelton
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--71

Those who voted in the negative are:

Agnew                  Anderson               Anthony
Ballentine             Brady                  Branham
Breeland               G. Brown               J. Brown
R. Brown               Chalk                  Cotty
Emory                  Funderburk             Govan
Haley                  Harvin                 J. Hines
M. Hines               Hosey                  Howard
Jefferson              Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Ott                    Parks
Rivers                 Rutherford             Scott
J. E. Smith            Vick                   Weeks

Total--36

So, the amendment was tabled.

Section 13 was adopted.


Printed Page 1543 . . . . . Monday, March 14, 2005

SECTION 14--AMENDED AND ADOPTED

Reps. CLEMMONS and RICE proposed the following Amendment No. 98 (Doc Name h:\legwork\house\amend\h-wm\005\14.4.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 14, COMMISSION FOR THE BLIND, page 389, paragraph 4, lines 1-3 by striking: /The commission is given the option of placing multiple operators in large facilities. The commission may exercise the option to split a large operation among two or more licensed blind vendors when the annual net income of a facility is predicted to exceed $100,000. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. CLEMMONS explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. CLEMMONS continued speaking.
The amendment was then adopted.

Section 14, as amended, was adopted.

SECTION 15

Section 15 was adopted.

SECTION 17

Section 17 was adopted.

SECTION 18

Section 18 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21

Section 21 was adopted.


Printed Page 1544 . . . . . Monday, March 14, 2005

SECTION 22

Section 22 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 24

Section 24 was adopted.

SECTION 25

Section 25 was adopted.

SECTION 26--AMENDED AND ADOPTED

Rep. J. E. SMITH proposed the following Amendment No. 75 (Doc Name h:\legwork\house\amend\h-wm\005\26.4 jesmith nat'l grd prt.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 398, paragraph 4, line 20, by adding a sentence after "listed.":
/Members of the SC National Guard shall be given the same discounts for the State Park System as the residents listed in Section 51-3-60. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. VICK, NEILSON, BOWERS, HAYES, J.E. SMITH and OTT proposed the following Amendment No. 80 (Doc Name h:\legwork\ house\amend\h-wm\005\26 admissions vick.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 398, paragraph 4, line 20, by adding a sentence after "listed." to read:
/A state park in a county with a population of less than 100,000 shall not charge admissions fees to a resident of that county./
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1545 . . . . . Monday, March 14, 2005

Rep. VICK explained the amendment.

Rep. VICK spoke in favor of the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 53; Nays 48

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Brady                  Cato                   Ceips
Clark                  Clemmons               Cooper
Cotty                  Dantzler               Davenport
Edge                   Hagood                 Hamilton
Hardwick               Harrell                Harrison
Herbkersman            Hinson                 Hiott
Kirsh                  Leach                  Lee
Limehouse              Littlejohn             Loftis
Mahaffey               McCraw                 McGee
Merrill                Owens                  Perry
Pinson                 M. A. Pitts            Rice
Scarborough            Sinclair               Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Vaughn                 Walker                 White
Whitmire               Young

Total--53

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Branham
Breeland               J. Brown               R. Brown
Chalk                  Coates                 Cobb-Hunter
Coleman                Delleney               Duncan
Emory                  Frye                   Funderburk
Haley                  Harvin                 Haskins
Hayes                  J. Hines               M. Hines

Printed Page 1546 . . . . . Monday, March 14, 2005

Hosey                  Jefferson              Kennedy
Lucas                  Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  E. H. Pitts            Rivers
Scott                  Simrill                F. N. Smith
J. E. Smith            Vick                   Viers
Weeks                  Whipper                Witherspoon

Total--48

So, the amendment was tabled.

Section 26, as amended, was adopted.

SPEAKER IN CHAIR

SECTION 27--AMENDED AND ADOPTED

Rep. MERRILL proposed the following Amendment No. 53 (Doc Name h:\legwork\house\amend\h-wm\009\merrill $ from commerce.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 403, after line 6, by adding an appropriately numbered paragraph to read:
/(CMRC: Berkeley County Economic Development) The department is directed to transfer $400,000 from the Coordinating Council Fund for Economic Development to Berkeley County for economic development purposes./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MERRILL explained the amendment.

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

Reps. MILLER and ANDERSON proposed the following Amendment No. 102 (Doc Name h:\legwork\house\amend\ council\bbm\ 10738ahb05.doc), which was adopted:


Printed Page 1547 . . . . . Monday, March 14, 2005

Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 403, after line 5, by adding an appropriately numbered paragraph to read:
/ 27.   (CMRC: Economic Development), which was adopted: The Department of Commerce is directed to give special consideration for economic development purposes to counties with a population of 60,000 or less, unemployment rates above the state average, and that are members of the North East Strategic Alliance (NESA). Special consideration for economic development purposes includes, but is not limited to, eligibility for the Competitive Grants Program, Rural Infrastructure Funds, and Job Development Credits. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. MILLER continued speaking.
The amendment was then adopted.

Section 27, as amended, was adopted.

SECTION 29A

Section 29A was adopted.

SPEAKER IN CHAIR

LEAVE OF ABSENCE

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

SECTION 30--AMENDED AND ADOPTED

Reps. ALTMAN and G. M. SMITH proposed the following Amendment No. 50 (Doc Name h:\legwork\house\amend\council\swb\ 6408cm05.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 30-B04, Judicial Department, by adding an appropriately numbered paragraph to read:
/ 30.__ (Jud: Court Administration)


Printed Page 1548 . . . . . Monday, March 14, 2005

The Office of Court Administration is authorized to spend one million dollars to improve security within and outside the various county courthouses throughout the State. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ALTMAN explained the amendment.

Rep. J. E. SMITH spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 77; Nays 29

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Bales                  Ballentine             Barfield
Battle                 Brady                  Branham
R. Brown               Cato                   Ceips
Chalk                  Clemmons               Cooper
Davenport              Delleney               Duncan
Edge                   Emory                  Govan
Hagood                 Haley                  Hamilton
Harrell                Harrison               Harvin
Haskins                Hayes                  Herbkersman
M. Hines               Hinson                 Hosey
Huggins                Kennedy                Leach
Limehouse              Littlejohn             Lucas
Mahaffey               Martin                 Merrill
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  E. H. Pitts            M. A. Pitts
Rice                   Rivers                 Sandifer
Scarborough            Scott                  Simrill
Sinclair               G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Townsend               Umphlett
Vaughn                 Viers                  Weeks

Printed Page 1549 . . . . . Monday, March 14, 2005

Whipper                White                  Whitmire
Wilkins                Young

Total--77

Those who voted in the negative are:

Agnew                  Anderson               Breeland
G. Brown               Clark                  Cobb-Hunter
Cotty                  Frye                   Funderburk
Hardwick               J. Hines               Hiott
Howard                 Jefferson              Kirsh
Lee                    Loftis                 Mack
McCraw                 McLeod                 Parks
Perry                  Pinson                 Rutherford
Skelton                Toole                  Vick
Walker                 Witherspoon

Total--29

So, the amendment was adopted.

Section 30, as amended, was adopted.

SECTION 32

Section 32 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 35

Section 35 was adopted.

SECTION 36

Section 36 was adopted.

SECTION 36A

Section 36A was adopted.

SECTION 37

Section 37 was adopted.


Printed Page 1550 . . . . . Monday, March 14, 2005

SECTION 38

Section 38 was adopted.

SECTION 39

Section 39 was adopted.

SECTION 40

Section 40 was adopted.

SECTION 41

Section 41 was adopted.

SECTION 42

Section 42 was adopted.

SECTION 42A

Section 42A was adopted.

SECTION 43

Section 43 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 51

Section 51 was adopted.

SECTION 53

Section 53 was adopted.


Printed Page 1551 . . . . . Monday, March 14, 2005

SECTION 53C

Section 53C was adopted.

SECTION 54

Section 54 was adopted.

SECTION 55

Section 55 was adopted.

SECTION 56DD--AMENDED AND ADOPTED

Reps. ALTMAN and G.M. SMITH proposed the following Amendment No. 51 (Doc Name h:\legwork\house\amend\council\swb\ 6409cm05.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 56DD - D21, GOVERNOR'S OFFICE, by adding an appropriately numbered paragraph to read:
/ 56DD.__ (Gov: SLED - Courthouse Security)
The State Law Enforcement Division is authorized to issue up to one million dollars in grants to local law enforcement agencies to enhance courthouse security. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 56DD, as amended, was adopted.

SECTION 57

Section 57 was adopted.

SECTION 58

Section 58 was adopted.

SECTION 59

Section 59 was adopted.

SECTION 60

Section 60 was adopted.


Printed Page 1552 . . . . . Monday, March 14, 2005

SECTION 61

Section 61 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 63--AMENDED AND ADOPTED

Rep. HARRELL proposed the following Amendment No. 13 (Doc Name h:\legwork\house\amend\h-wm\002\63-40 exempt farmers market.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 457, paragraph 40, line 21, after "Transportation;" by inserting:
/the Columbia State Farmers Market;/
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. KIRSH, HARRELL, TOWNSEND, COTTY, ANTHONY, MCLEOD and TAYLOR proposed the following Amendment No. 12 (Doc Name h:\legwork\house\amend\h-wm\004\mech sal study.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 458, line 22, by adding an appropriately numbered paragraph to read:
/(BCB: School Bus Mechanic Personnel Salary Review) The Budget and Control Board Office of Human Resources is hereby directed to conduct a review of school bus mechanics salaries at the Department of Education as compared to other Southeastern states. The department is directed to cooperate with the Budget and Control Board in completion of this study. This study shall include a comparison of salary ranges, average salaries within salary ranges, average salary within each salary range, and required training for each salary range. Results of this review shall be reported to the Chairmen of the Senate Finance Committee and the House Ways and Means Committee by January 2, 2006. /
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1553 . . . . . Monday, March 14, 2005

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

Rep. SCOTT proposed the following Amendment No. 67 (Doc Name h:\legwork\house\amend\council\bbm\10733mm05.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 457, paragraph 63.40, line 19, by inserting after /purposes/ the following / ; except that from the proceeds of the sale of surplus property owned by, under the control of, or assigned to the Department of Mental Health, the department shall retain all the proceeds of the sale of surplus property and use it for transferring all divisions and programs of the department off of the state hospital campus and use $19,000,000 of the proceeds to fund a permanent facility to house the Sexually Violent Predator Act program as recommended by the January, 2005, report of the Sexual Predator Treatment Program study committee /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 67; Nays 24

Those who voted in the affirmative are:

Agnew                  Altman                 Anthony
Bales                  Ballentine             Barfield
Battle                 Brady                  J. Brown
Cato                   Ceips                  Chalk
Clark                  Clemmons               Cotty
Davenport              Delleney               Duncan
Frye                   Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Hayes
Hinson                 Hiott                  Huggins
Kirsh                  Leach                  Limehouse
Littlejohn             Lucas                  Mahaffey

Printed Page 1554 . . . . . Monday, March 14, 2005

McCraw                 McGee                  Merrill
Neilson                Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Simrill
Skelton                G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--67

Those who voted in the negative are:

Anderson               Breeland               R. Brown
Funderburk             Govan                  J. Hines
M. Hines               Hosey                  Howard
Jefferson              Kennedy                Lee
Mack                   Martin                 McLeod
Moody-Lawrence         J. H. Neal             Ott
Rivers                 Scott                  J. E. Smith
Vick                   Weeks                  Whipper

Total--24

So, the amendment was tabled.

Rep. LOFTIS proposed the following Amendment No. 78 (Doc Name h:\legwork\house\amend\h-wm\008\loftis 2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 457, paragraph 43, lines 34-35, by striking /used to reestablish the Division of Regional Development and fulfill its duties pursuant to Section 11-42-10 et seq./ and inserting /transferred to the Department of Disabilities and Special Needs to reduce the Residential Waiting List/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LOFTIS explained the amendment.


Printed Page 1555 . . . . . Monday, March 14, 2005

Rep. HARRELL spoke against the amendment.
Rep. LOFTIS spoke in favor of the amendment.
Rep. HAGOOD spoke against the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 22; Nays 71

Those who voted in the affirmative are:

Barfield               Battle                 Brady
Ceips                  Chalk                  Clark
Cotty                  Hagood                 Harrell
Hinson                 Kennedy                Limehouse
Littlejohn             Rice                   Scarborough
Skelton                J. E. Smith            J. R. Smith
W. D. Smith            Vaughn                 Weeks
Young

Total--22

Those who voted in the negative are:

Agnew                  Altman                 Anderson
Anthony                Bales                  Ballentine
Branham                Breeland               R. Brown
Clemmons               Cooper                 Davenport
Delleney               Duncan                 Edge
Emory                  Frye                   Funderburk
Haley                  Hamilton               Hardwick
Harvin                 Hayes                  J. Hines
M. Hines               Hiott                  Hosey
Huggins                Jefferson              Kirsh
Leach                  Lee                    Loftis
Lucas                  Mahaffey               Martin
McCraw                 McGee                  McLeod
Miller                 Moody-Lawrence         J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rivers
Sandifer               Scott                  Simrill

Printed Page 1556 . . . . . Monday, March 14, 2005

Sinclair               G. R. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Umphlett
Vick                   Viers                  Walker
Whipper                White                  Whitmire
Wilkins                Witherspoon

Total--71

So, the House refused to table the amendment.

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

Rep. SCOTT proposed the following Amendment No. 106 (Doc Name h:\legwork\house\amend\council\bbm\10740sd05.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 458, by adding an appropriately numbered paragraph to read:
/ 63.   (BCB: Transportation Study) A study committee to be supported by the staff of the Budget and Control Board is created to study the use of mass transit systems, surface transportation systems, and paratransportation systems in this State to include transportation routes, the use of both rail and buses, and the needs of our State's population with particular emphasis on the elderly. Three members shall be appointed by the President Pro Tempore of the Senate, three members shall be appointed by the Speaker of the House, and three members shall be appointed by the Governor. The committee shall render its report to the General Assembly and the Governor not later than June 30, 2006. The members of the committee shall receive the usual mileage, subsistence, and per diem as is paid to members of State boards, commissions, and committees to be paid from the approved accounts of their appointing authority. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 63, as amended, was adopted.


Printed Page 1557 . . . . . Monday, March 14, 2005

SECTION 63A

Section 63A was adopted.

SECTION 63B

Section 63B was adopted.

SECTION 63C

Section 63C was adopted.

SECTION 64--AMENDED AND ADOPTED

Rep. COOPER proposed the following Amendment No. 2 (Doc Name h:\legwork\house\amend\h-wm\002\64-21 jdc.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 64, DEPARTMENT OF REVENUE, page 462, paragraph 21, line 15, by striking /12-10-80/ and inserting /12-10-85/
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 64, as amended, was adopted.

SECTION 65

Section 65 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 69A

Section 69A was adopted.

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

MOTION NOTED

Rep. HARRELL moved to reconsider the vote whereby 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, 5MB, 5N, 6, 7, 8, 9, 10, 11, 12,


Printed Page 1558 . . . . . Monday, March 14, 2005

13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 23A, 24, 25, 26, 27, 28, 29, 29A, 30, 32, 33, 34, 35, 36, 36A, 37, 38, 39, 40, 41, 42, 42A, 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, in part 1A and Sections 1A, 1AA, 2, 3, 4, 5A, 5B, 5D, 5K, 5M, 5N, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29A, 30, 32, 33, 35, 36, 36A, 37, 38, 39, 40, 41, 42, 42A, 43, 44, 47, 48, 49, 50, 51, 53, 53C, 54, 55, 56DD, 57, 58, 59, 60, 61, 62, 63, 63A, 63B, 63C, 64, 65, 66 and 69A in Part 1B were adopted and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being consideration of Part IB, Section 72.

ADJOURNMENT

At 7:05 p.m. the House, in accordance with the motion of Rep. TALLEY, adjourned in memory of Reece Valerie O'Sullivan of Moore, to meet at 9:30 a.m. tomorrow.

***

This web page was last updated on Wednesday, June 24, 2009 at 9:55 A.M.