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.
Rep. TALLEY moved that when the House adjourns, it adjourn in memory of Reece Valerie O'Sullivan of Moore, which was agreed to.
The House stood in silent prayer in memory of Senator Caldwell T. "Red" Hinson.
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 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.
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
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 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 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 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
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, 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.
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 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.
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.
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.
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.
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 Walker White Whitmire Wilkins Witherspoon Young
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
The SPEAKER granted Rep. VIERS a temporary leave of absence.
The SPEAKER granted Rep. MARTIN a temporary leave of absence.
The SPEAKER granted Rep. RHOAD a leave of absence for the day due to a death in the family.
The SPEAKER granted Rep. LLOYD a leave of absence for the week due to illness.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3741 (Word version)
Date: ADD:
03/14/05 UMPHLETT
Bill Number: H. 3392 (Word version)
Date: ADD:
03/14/05 VICK
Bill Number: H. 3167 (Word version)
Date: ADD:
03/14/05 MAHAFFEY
Bill Number: H. 3719 (Word version)
Date: ADD:
03/14/05 BRADY
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 BALLENTINE
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 HUGGINS
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 THOMPSON
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 WHITE
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 J. E. SMITH
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 MILLER
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 J. BROWN
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 M. HINES
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 TOWNSEND
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 TALLEY
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 W. D. SMITH
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 HASKINS
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 NEILSON
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 LEACH
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 SINCLAIR
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 GOVAN
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 G. M. SMITH
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 EDGE
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 COOPER
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 BREELAND
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 J. R. SMITH
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 COTTY
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 HOSEY
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 ALLEN
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 DAVENPORT
Bill Number: H. 3189 (Word version)
Date: ADD:
03/14/05 R. BROWN
Bill Number: H. 3296 (Word version)
Date: ADD:
03/14/05 R. BROWN
Bill Number: H. 3213 (Word version)
Date: ADD:
03/14/05 MERRILL
Bill Number: H. 3732 (Word version)
Date: ADD:
03/14/05 MARTIN
Bill Number: H. 3604 (Word version)
Date: REMOVE:
03/14/05 SCARBOROUGH
Bill Number: H. 3604 (Word version)
Date: REMOVE:
03/14/05 WITHERSPOON
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 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.
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.
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.
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.
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.
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 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.
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 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.
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.
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:
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.
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 15-3-640, 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.
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.
Rep. HARRELL moved that when the House adjourns today that it adjourn to meet at 9:30 in the morning, which was agreed to.
The following Bill was taken up:
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.
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 was adopted.
Section 3 was 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 was adopted.
Section 5C was adopted.
Section 5D was adopted.
Section 5F was adopted.
Section 5G was adopted.
Section 5H was adopted.
Section 5J was adopted.
Section 5KA was adopted.
Section 5KB was adopted.
Section 5KC was adopted.
Section 5KD was adopted.
Section 5KE was adopted.
Section 5KG was adopted.
Section 5KH was adopted.
Section 5L was adopted.
Section 5MA was adopted.
Section 5MB was adopted.
Section 5N was adopted.
Section 6 was adopted.
Section 7 was 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 was adopted.
Section 11 was adopted.
Section 12 was adopted.
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.
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 was adopted.
Section 19 was adopted.
Section 20 was adopted.
Section 21 was adopted.
Section 22 was adopted.
Section 23A was adopted.
Section 24 was adopted.
Section 25 was adopted.
Section 28 was adopted.
Section 29 was adopted.
Section 29A was adopted.
Section 30 was adopted.
Section 33 was adopted.
Section 34 was adopted.
Section 35 was adopted.
Section 36 was adopted.
Section 36A was adopted.
Section 37 was adopted.
Section 38 was adopted.
Section 39 was adopted.
Section 40 was adopted.
Section 41 was adopted.
Section 42 was adopted.
Section 42A was adopted.
Section 43 was adopted.
Section 44 was adopted.
Section 45 was adopted.
Section 46 was adopted.
Section 47 was adopted.
Section 48 was adopted.
Section 49 was adopted.
Section 50 was 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
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 was adopted.
Section 53B was adopted.
Section 54A was adopted.
Section 54B was adopted.
Section 54C was adopted.
Section 54D was adopted.
Section 54E was adopted.
Section 54H was adopted.
Section 55 was adopted.
Section 56A was adopted.
Section 56B was adopted.
Section 56C was adopted.
Section 56D was adopted.
Section 57 was adopted.
Section 58 was adopted.
Section 59 was adopted.
Section 60 was adopted.
Section 61 was adopted.
Section 62 was adopted.
Section 63A was adopted.
Section 63B was adopted.
Section 63C was adopted.
Section 64 was adopted.
Section 65 was adopted.
Section 66 was 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 was adopted.
Section 69B was adopted.
Section 69C was adopted.
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.
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:
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
Those who voted in the negative are:
Agnew Anderson Branham Breeland J. Brown R. Brown Cobb-Hunter Duncan Emory 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
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.
Rep. J. R. SMITH explained the Section.
Section 1AA was adopted.
Section 4 was 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.
Section 5E, as amended, was adopted.
Section 5KF was adopted.
Section 10 was adopted.
Rep. J. E. SMITH moved to adjourn debate upon the Section, which was agreed to.
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.
Rep. HOSEY proposed the following Amendment No. 29 (Doc Name h:\legwork\house\amend\h-wm\007\archives hosey 25000.doc), which was tabled:
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.
Rep. MCGEE explained the Section.
Section 23 was adopted.
Rep. VICK moved to adjourn debate upon the Section, which was agreed to.
Rep. MILLER moved to adjourn debate upon the Section, which was agreed to.
Section 32 was adopted.
Section 53 was 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:
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.
At 2:15 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. CHELLIS a leave of absence for the remainder of the day due to a death in the family.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Part IA.
H. 3716 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET 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.
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.
Rep. W. D. SMITH continued speaking.
Rep. J. R. SMITH moved to table the amendment, which was agreed to.
Section 1 was adopted.
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.
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 was adopted.
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.
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,/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HINSON explained the amendment.
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:
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 Walker White Witherspoon Young
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
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.
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/
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.
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 was adopted.
Section 3 was adopted.
Section 4 was adopted.
Section 5A was adopted.
Section 5B was adopted.
Section 5D was adopted.
Section 5K was adopted.
Section 5M was adopted.
Section 5N was adopted.
Section 6 was adopted.
Section 7 was 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:
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.
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.
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:
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 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
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
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:
/(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.
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.
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.
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.
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.
Section 11 was adopted.
Section 12 was 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:
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 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
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
So, the amendment was tabled.
Section 13 was 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.
Rep. CLEMMONS continued speaking.
The amendment was then adopted.
Section 14, as amended, was adopted.
Section 15 was adopted.
Section 17 was adopted.
Section 18 was adopted.
Section 19 was adopted.
Section 20 was adopted.
Section 21 was adopted.
Section 22 was adopted.
Section 23 was adopted.
Section 24 was adopted.
Section 25 was 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.
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:
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
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 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
So, the amendment was tabled.
Section 26, as amended, was 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:
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.
Rep. MILLER continued speaking.
The amendment was then adopted.
Section 27, as amended, was adopted.
Section 29A was adopted.
The SPEAKER granted Rep. COATES a leave of absence for the remainder of the day.
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)
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:
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 Whipper White Whitmire Wilkins Young
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
So, the amendment was adopted.
Section 30, as amended, was adopted.
Section 32 was adopted.
Section 33 was adopted.
Section 35 was adopted.
Section 36 was adopted.
Section 36A was adopted.
Section 37 was adopted.
Section 38 was adopted.
Section 39 was adopted.
Section 40 was adopted.
Section 41 was adopted.
Section 42 was adopted.
Section 42A was adopted.
Section 43 was adopted.
Section 44 was adopted.
Section 47 was adopted.
Section 48 was adopted.
Section 49 was adopted.
Section 50 was adopted.
Section 51 was adopted.
Section 53 was adopted.
Section 53C was adopted.
Section 54 was adopted.
Section 55 was 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 was adopted.
Section 58 was adopted.
Section 59 was adopted.
Section 60 was adopted.
Section 61 was adopted.
Section 62 was 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.
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:
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 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
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
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.
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:
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
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 Sinclair G. R. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vick Viers Walker Whipper White Whitmire Wilkins Witherspoon
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.
Section 63A was adopted.
Section 63B was adopted.
Section 63C was 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 was adopted.
Section 66 was adopted.
Section 69A was adopted.
Rep. HARRELL moved that the House do now adjourn, which was agreed to.
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, 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.
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.