Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Romans 12:9-10: "Let love be genuine; hate what is evil, hold fast to what is good; love one another with mutual affection; outdo one another in showing honor."
Let us pray. Patient God, You have filled our lives with faithful models. Help us to follow their example. Guide each today to have compassion, courage and integrity. Give these Your people the willingness to cooperate without compromising conviction. Bless our Nation, President, State, Governor and all leaders. Protect our defenders of freedom as they protect us. We pray in the name of our Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. STEWART moved that when the House adjourns, it adjourn in memory of J. M. Fulmer of Aiken, which was agreed to.
The following was introduced:
H. 4899 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, 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, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey,
The Resolution was adopted.
The following was introduced:
H. 4900 (Word version) -- Rep. Vaughn: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR BEN H. DILLARD OF GREENVILLE COUNTY FOR HIS TWENTY-SEVEN YEARS OF DEDICATION AND SERVICE TO THE COMMUNITY AS A SOIL AND WATER CONSERVATION DISTRICT COMMISSIONER AND AS AN ADVOCATE FOR THE PROTECTION OF NATURAL RESOURCES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4901 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. LUTHER STEWART OF VARNVILLE ON THEIR TWENTY-FIFTH WEDDING ANNIVERSARY ON APRIL 11, 2006, AND TO EXTEND BEST
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4902 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DIVA GIRLZ, INC., A SOUTH CAROLINA COMPANY ORGANIZED FOR THE EMPOWERMENT OF WOMEN AND ITS FOUNDER, MS. WOODEENA (DINA) CURRY, FOR ALL THEIR TRULY WONDERFUL EFFORTS IN AIDING AND ASSISTING VICTIMS OF HURRICANE KATRINA WHO HAVE RELOCATED TO SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4903 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE CLERGY AND CONGREGANTS OF THE SECOND CALVARY BAPTIST CHURCH OF RICHLAND COUNTY FOR THEIR OUTSTANDING FAITH AND TO WISH THEM ALL THE BEST UPON THEIR MOVE TO A NEW LOCATION ON APRIL 9, 2006.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4904 (Word version) -- Rep. White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 35, TITLE 44, ENACTING THE "CANCER DRUG DONATION PROGRAM ACT" SO AS TO ESTABLISH THIS PROGRAM IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR THE DONATION OF
The roll call of the House of Representatives was taken resulting as follows:
Agnew Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Branham Breeland J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Cooper Dantzler Duncan Edge Emory Frye Funderburk Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hodges
Hosey Howard Huggins Jefferson Kirsh Leach Littlejohn Loftis Mack Mahaffey McCraw McGee McLeod Merrill Miller J. H. Neal J. M. Neal Owens Parks Perry E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Umphlett Vaughn Walker Whipper White Whitmire Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, March 28.
Creighton Coleman H. B. "Chip" Limehouse James Lucas Harry Ott Daniel Tripp Olin Phillips Ralph Davenport Ronald Townsend Kenneth Kennedy Grady Brown Marty Coates Greg Delleney Jerry Govan Becky Martin G. Murrell Smith Bill Cotty John Altman Denny Neilson Bessie Moody-Lawrence Ralph Norman Douglas Jennings Karl Allen Fletcher Smith Lewis E. Pinson Ted Vick Harold Mitchell Thad Viers David Weeks
Announcement was made that Dr. Charles B. Thomas of Greenville is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3132 (Word version)
Date: ADD:
03/28/06 WHITMIRE
Bill Number: H. 4891 (Word version)
Date: ADD:
03/28/06 PERRY
Bill Number: H. 4875 (Word version)
Date: ADD:
03/28/06 VAUGHN
Bill Number: H. 4882 (Word version)
Date: ADD:
03/28/06 HALEY
Bill Number: H. 4681 (Word version)
Date: ADD:
03/28/06 TOOLE
Rep. COOPER moved that when the House adjourns it adjourn to meet at 9:30 a.m. tomorrow, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Part IA, Section 56A.
Rep. SANDIFER proposed the following Amendment No. 43 (Doc Name h:\legwork\house\amend\h-wm\001\56a back esc.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 56A, GOVERNOR'S OFF-EXECUTIVE CONTROL OF STATE, page 271, line 5, opposite /Unclassified Positions/ by increasing the amount(s) in Columns 3 and 4 by:
Column 3 Column 4
844,376 844,376
(20.00) (20.00)
Renumber sections to conform.
Amend totals and titles to conform.
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
Section 56A, as amended, was adopted.
Rep. SANDIFER proposed the following Amendment No. 42 (Doc Name h:\legwork\house\amend\h-wm\004\56c oepp ftes ecs.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 56C, Governor's Off- Executive Policy & Programs, page 278, line 16, opposite /Classified Positions/ by decreasing the amount(s) in Columns 3 and 4 by:
Column 3 Column 4
629,208 629,208
(16.00) (16.00)
Renumber sections to conform.
Amend totals and titles to conform.
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
Section 56C, as amended, was adopted.
Rep. SANDIFER proposed the following Amendment No. 40 (Doc Name h:\legwork\house\amend\h-wm\004\63 bcb fte back in ecs.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 304, line 19, opposite /Unclassified Positions/ by decreasing the amount(s) in Columns 3 and 4 by:
Column 3 Column 4
35,000 35,000
(1.00) (1.00)
Renumber sections to conform.
Amend totals and titles to conform.
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
Rep. COOPER proposed the following Amendment No. 9 (Doc Name h:\legwork\house\amend\h-wm\004\63bcboperating cooper.doc), which was adopted:
Column 3 Column 4
100,000 100,000
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COOPER explained the amendment.
Rep. SCARBOROUGH raised the Point of Order that Amendment No. 9 was out of order in that it was in violation of Article XVII, Section 7 of the South Carolina Constitution which specifies that Education Lottery funds must be used for educational purposes only.
Rep. COOPER argued that the money being appropriated in Amendment No. 9 was not lottery fund money. He stated that $11 million dollars in lottery revenue had been used earlier to fund education projects - thereby allowing $11 million in General Fund revenues to be used for other purposes. He stated that Amendment No. 9 appropriated $100,000 of that $11 million in General Fund revenues.
SPEAKER HARRELL stated that the amendment appropriated $100,000 dollars in General Fund dollars that had become available because an increase in lottery revenues. He stated further that Amendment No. 9 did not appropriate lottery funds. Therefore, he overruled the Point of Order.
The amendment was then adopted.
Reps. LUCAS and COOPER proposed the following Amendment No. 25 (Doc Name h:\legwork\house\amend\h-wm\004\63 loc govt grants .doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 315, immediately after line 14, by inserting a new line to read:
Column 3 Column 4
Local Govt Grants Program
2,524,000 2,524,000
Renumber sections to conform.
Amend totals and titles to conform.
Reps. J. H. NEAL and MOODY-LAWRENCE proposed the following Amendment No. 124 (Doc Name h:\legwork\house\amend\h-wm\004\63 bcb clinton jr coll.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 315, immediately after line 14, by inserting a new line to read:
Column 3 Column 4
Clinton Jr. Coll-Elem Ed Assoc Deg
500,000 500,000
Renumber sections to conform.
Amend totals and titles to conform.
Rep. J. H. NEAL explained the amendment.
Rep. MCGEE moved to table the amendment.
Rep. J. H. NEAL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Barfield Battle Bingham Brady Cato Chellis Clark Clemmons Cooper Dantzler Delleney Edge Frye Hamilton Harrell Harvin Haskins Hinson Hiott Huggins Kirsh Leach Littlejohn Lucas Mahaffey Martin McCraw McGee Merrill Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. R. Smith J. R. Smith Talley Taylor Thompson Townsend Tripp Vaughn
Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Anderson Anthony Bales Breeland G. Brown J. Brown Clyburn Cobb-Hunter Coleman Davenport Emory Funderburk Govan Hayes J. Hines M. Hines Hodges Hosey Howard Jefferson Mack McLeod Miller J. H. Neal J. M. Neal Ott Parks Phillips Rhoad Scott J. E. Smith Whipper
So, the amendment was tabled.
Reps. OTT, J. E. SMITH and COOPER proposed the following Amendment No. 10 (Doc Name h:\legwork\house\amend\h-wm\004\63 add 4 ftes scrs-.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 318, immediately after line 35, by inserting new lines and adding amounts in Column 3 to read:
Column 3 Column 4
/Customer Scvs Rep/
54,000
(2.00)
/Fiscal Analyst/
100,000
(2.00)
Amend the bill further, as and if amended, page 319, line 11, opposite /Employer Contributions/ by increasing the amount(s) in Column 3 by:
Column 3 Column 4
45,920
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. WHITE proposed the following Amendment No. 142 (Doc Name h:\legwork\house\amend\h-wm\001\63 loc gov grants +100k.doc), which was adopted:
Amend amendment 25 sub, doc h:\legwork\house\amend\h-wm\004\63 loc govt grants.doc, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, by increasing the Local Gov't Grants Program line item:
Column 3 Column 4
100,000 100,000
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
Section 63, as amended, was adopted.
Reps. TOWNSEND, WALKER and COTTY proposed the following Amendment No. 71 (Doc Name h:\legwork\house\amend\h-wm\007\praxis waiver - townsend.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 347, paragraph 30, line 16, by inserting at the end:
/However, any person having attained 1100 or better on the SAT or a comparable ACT score shall be exempt from this requirement. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. SIMRILL explained the amendment.
Rep. COTTY spoke in favor of the amendment.
Rep. COTTY moved to adjourn debate on the amendment, which was agreed to.
Rep. GOVAN proposed the following Amendment No. 70 (Doc Name h:\legwork\house\amend\h-wm\007\govan-ecproviso.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/(SDE: Early Childhood Education) The Department of Education and the Office of First Steps are directed to, in collaboration, establish early-childhood/ pre-kindergarten programs throughout the State. These programs shall be established pursuant to the recommendations outlined in the Education Oversight Committee's report "Results and Related Recommendation of the Inventory and Study of Four Year Old Kindergarten Programs in South Carolina" published March 15, 2006. The first year, at a minimum, these programs must be available to all at-risk students in the plaintiff districts in Abbeville County School District et al. vs. South Carolina. For the purposes of this proviso, at risk students are defined as those who qualify for free or reduced lunches or are medicaid eligible. The department, in collaboration with the Office of First Steps, is directed to develop an implementation schedule to take the program statewide.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. J. R. SMITH moved to table the amendment.
Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Ballentine Bannister Barfield Battle Bingham Brady Chellis Clemmons Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Haley Hamilton Harrell Harrison Herbkersman Hinson Hiott Howard Huggins Kirsh Leach Limehouse Loftis Lucas Mahaffey Martin McGee Merrill J. H. Neal Norman Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Walker White Witherspoon Young
Those who voted in the negative are:
Agnew Anderson Anthony Bales Branham Breeland G. Brown J. Brown R. Brown Clark Clyburn Funderburk
Govan Harvin Haskins Hayes J. Hines M. Hines Hodges Hosey Jefferson Kennedy Mack McLeod Miller Mitchell Moody-Lawrence Neilson Ott Phillips Rhoad Rivers Rutherford Scott J. E. Smith Weeks Whipper
So, the amendment was tabled.
I was out of the Chamber doing constituent work at the time of the roll call vote on Amendment No. 70, but had I been present, I would have supported Rep. GOVAN'S Amendment to fund 4 yr. old kindergarten.
Rep. Douglas Jennings, Jr.
Reps. COOPER, J. H. NEAL, TOWNSEND, COBB-HUNTER, OTT, MILLER, J. E. SMITH, WALKER, MITCHELL and J. R. SMITH proposed the following Amendment No. 94 (Doc Name h:\legwork\house\amend\h-wm\007\ec proviso - cooper et al.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/ (SDE: First Steps Early Childhood) With funds appropriated to the Department of Education for First Steps to School Readiness, the First Steps to School Readiness Board of Trustees, in consultation with the South Carolina Department of Education, shall establish throughout the state early education/pre kindergarten programs that for children zero to four that incorporate family literacy education and focus on the developmental and learning support children must have in order to be ready for school. At a minimum, full day kindergarten must be made available to all eligible at-risk four year olds. If additional funds are available, programs may be provided for at risk zero to three year olds. The First Steps to School Readiness Board of Trustees may promulgate regulations to implement this program. In FY 2006-2007, the First
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. DUNCAN proposed the following Amendment No. 98 (Doc Name h:\legwork\house\amend\h-wm\007\duncan efficiency audit sde2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/(SDE: Independent Efficiency Audit) Of the funds appropriated or authorized to the department, $1,500,000 shall be transferred to the Budget and Control Board which shall contract for an independent efficiency audit. This audit must be comprehensive and must include all divisions of the Department of Education. The audit must be completed by January 31, 2007, and the results must be submitted to the House Ways and Means Committee and the Senate Finance Committee./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. DUNCAN explained the amendment.
Rep. COOPER moved to table the amendment, which was agreed to.
Reps. ALTMAN, CEIPS, CHALK, SCARBOROUGH, HARRELL, RIVERS, HODGES, HERBKERSMAN, MERRILL, LIMEHOUSE, BREELAND, R. BROWN AND CHELLIS proposed the following Amendment No. 95 (Doc Name h:\legwork\house\amend\h-wm\007\efa hold harmless proviso2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/ (SDE: EFA Hold Harmless) In the current fiscal year, the Department of Education is directed to allocate from the funds appropriated for the Education Finance Act adequate funding to all school districts to ensure that no district has a net decrease from FY 2004-05 in state funding from the following appropriation categories and revenue codes: Education Finance Act (3300), Employer
Rep. SCARBOROUGH explained the amendment.
Rep. J. R. SMITH spoke against the amendment.
Rep. CEIPS spoke in favor of the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. CHALK spoke in favor of the amendment.
Rep. HERBKERSMAN spoke in favor of the amendment.
Rep. R. BROWN spoke in favor of the amendment.
Rep. HODGES spoke in favor of the amendment.
Rep. DUNCAN spoke in favor of the amendment.
Rep. HARDWICK spoke in favor of the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. SCARBOROUGH spoke in favor of the amendment.
Rep. WHIPPER spoke in favor of the amendment.
Rep. WHIPPER spoke in favor of the amendment.
Rep. J. R. SMITH moved to table the amendment.
Rep. SCARBOROUGH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bales Bannister Battle Brady Branham G. Brown J. Brown Cato Clark Clyburn Cobb-Hunter Coleman Cooper Cotty Davenport Delleney Emory Frye Funderburk Govan Hamilton Haskins Hayes J. Hines M. Hines Hiott Hosey Jefferson Jennings Kennedy Kirsh Leach Littlejohn Lucas Mahaffey
Martin McCraw McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rice Sandifer 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 Townsend Tripp Vaughn Vick Walker Weeks White Whitmire
Those who voted in the negative are:
Altman Bailey Ballentine Barfield Bingham Bowers Breeland R. Brown Ceips Chalk Dantzler Duncan Edge Haley Hardwick Harrell Herbkersman Hinson Hodges Huggins Limehouse Mack McGee Merrill E. H. Pitts Rhoad Rivers Rutherford Scarborough Toole Umphlett Whipper Witherspoon
So, the amendment was tabled.
I have a conflict in regards to Amendment No. 95 and have abstained from voting on this Amendment.
Rep. Converse Chellis III
Further proceedings were interrupted by the House receding, the pending question being consideration of Section 1, Part IB.
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of Section 1, Part IB.
Reps. J. E. SMITH, OTT, J. H. NEAL and MILLER proposed the following Amendment No. 145 (Doc Name h:\legwork\house\amend\h-wm\007\ealy childhood statewide.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/(SDE: Early Childhood Program) The Office of First Steps, in collaboration with the Department of Education, is directed to establish early-childhood/ pre-kindergarten programs throughout the state. These programs shall be established pursuant to the recommendations outlined in the Education Oversight Committee's report "Results and Related Recommendation of the Inventory and Study of Four Year Old Kindergarten Programs in South Carolina" published March 15, 2006. The first year, at a minimum, full day four year old kindergarten must
Rep. MILLER explained the amendment.
Rep. J. R. SMITH moved to table the amendment, which was agreed to.
Rep. J. E. Smith proposed the following Amendment No. 164 (Doc Name h:\legwork\house\amend\council\gjk\21047sd06.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 354, by adding a new paragraph to be appropriately numbered to read:
/1. (SDE: School Facilities Bonds) (A) For fiscal year 2006-2007, an additional one hundred million dollars in state school facilities bonds may be issued under Chapter 146 of Title 59. These bonds must be allocated to school districts based on a formula implemented by regulation of the Department of Education which gives priority consideration to districts with higher percentages of students eligible for free or reduced priced lunches, the relative financial ability of a district to fund new school facilities or improve existing facilities as determined under the Education Finance Act, and the remaining capacity of a district to issue additional capital improvement bonds.
(B) The bonds shall be issued in a manner that will require the payment of some debt service by June 30, 2007, which shall be paid from the appropriation for capital improvement bonds in Section 68, Part IA of this act. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. J. E. SMITH explained the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. KENNEDY spoke in favor of the amendment.
Rep. KENNEDY continued speaking.
Rep. KENNEDY spoke in favor of the amendment.
Rep. J. R. SMITH moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Barfield Bingham Brady Cato Chalk Chellis Clemmons Cooper Cotty Dantzler Delleney Duncan Edge Frye Haley Hamilton Hardwick Harrell Haskins Herbkersman Hinson Hiott Huggins Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee Merrill Norman Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Vaughn Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Anthony Bales Battle
Bowers Branham Breeland G. Brown J. Brown R. Brown Clark Clyburn Cobb-Hunter Coleman Emory Funderburk Govan Harvin Hayes J. Hines M. Hines Hodges Hosey Jennings Kennedy Mack McLeod Miller Mitchell Moody-Lawrence J. H. Neal Neilson Ott Parks Phillips Rhoad Rivers Rutherford J. E. Smith Vick
So, the amendment was tabled.
Reps. SCARBOROUGH and CEIPS proposed the following Amendment No. 167 (Doc Name h:\legwork\house\amend\h-wm\001\efa hh lott & consv.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/(GP: EFA Hold Harmless Transfers) In order to ensure that no district has a net decrease in state funding from Fiscal Year 2004-05 the following appropriation categories and revenue codes: Education Finance Act (3300), Employer Contributions (3180), Teacher Salary Supplement (3550), Teacher Salary Supplement Fringe (3555), the specified agencies are directed to transfer to the Department of Education the funds identified as follows: S.C. Conservation Bank $9,000,000 and Lottery Expenditure Account $11,000,000./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. SCARBOROUGH explained the amendment.
Rep. COTTY moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Agnew Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Duncan Edge Emory Frye Funderburk Haley Hamilton Hardwick Harrell Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hiott Hodges Hosey Howard Huggins Jennings Kennedy Kirsh Leach Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McLeod Merrill Miller Mitchell 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 Scott Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Townsend Tripp Umphlett Vaughn Vick Walker White Whitmire Witherspoon Young
Ceips Chalk Scarborough Viers
So, the amendment was tabled.
I have a conflict in regards to Amendment No. 167 and have abstained from voting on this Amendment.
Rep. Converse Chellis III
I was temporarily out of the Chamber during the vote on Amendment No. 167. Had I been present I would have voted to table this Amendment.
Rep. Edward H. Pitts, Jr.
Reps. CEIPS, ALTMAN and SCARBOROUGH proposed the following Amendment No. 166 (Doc Name h:\legwork\house\amend\h-wm\001\efa hh consv.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/(GP: EFA Hold Harmless Transfers) In order to ensure that no district has a net decrease in state funding from Fiscal Year 2004-05 the following appropriation categories and revenue codes: Education Finance Act (3300), Employer Contributions (3180), Teacher Salary Supplement (3550), Teacher Salary Supplement Fringe (3555), the specified agencies are directed to transfer to the Department of Education the funds identified as follows: S.C. Conservation Bank $15,000,000; Department of Commerce $200,000 from Competitive Grants; Department of Health and Environmental Control $1,800,000 from Competitive Grants; Department of Parks, Recreation and Tourism $1,500,000 from Competitive Grants; and Budget and Control Board $1,500,000 from Competitive Grants./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. J. R. SMITH moved to table the amendment.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown R. Brown Cato Clark Clyburn Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hamilton Hardwick Harrison Harvin Haskins Hayes Herbkersman Hinson Hiott Hosey Howard Huggins Jennings Kennedy Kirsh Leach Littlejohn Lucas Mack Mahaffey Martin McCraw Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Phillips Pinson M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scott Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Talley Taylor Thompson Townsend Umphlett Vaughn
Vick White Whitmire Witherspoon
Those who voted in the negative are:
Ceips Chalk Clemmons Harrell J. Hines Hodges Perry Scarborough Viers Walker
So, the amendment was tabled.
I have a conflict in regards to Amendment No. 166 and have abstained from voting on this Amendment.
Rep. Converse Chellis III
I was out of the Chamber discussing a budgetary issue with a constituent at the time of the vote to table Amendment No. 166. My intention was to vote to table this Amendment raiding Conservation Bank Funds. I regret that my vote was not recorded.
Rep. Walt M. McLeod
Rep. J. E. SMITH proposed the following Amendment No. 169 (Doc Name h:\legwork\house\amend\h-wm\007\early childhood 4.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/(SDE: Early Childhood Program) The Office of First Steps, in collaboration with the Department of Education, is directed to establish early-childhood/ pre-kindergarten programs throughout the state. These programs shall be established pursuant to the recommendations outlined in the Education Oversight Committee's report "Results and Related Recommendation of the Inventory and Study of Four Year Old Kindergarten Programs in South Carolina" published March 15, 2006. The first year, at a minimum, full day four year old kindergarten must
Rep. J. E. SMITH explained the amendment.
Rep. COOPER raised the Point of Order that Amendment No. 169 was out of order under House Rule 5.3 B. He stated that under the rule, the amendment had the effect of appropriating funds in excess of five million dollars and should have attached to it in writing an explanation of the corresponding appropriation decreases.
SPEAKER HARRELL sustained the Point of Order and ruled the amendment out of order.
Reps. SCARBOROUGH, ALTMAN, HERBKERSMAN, CHALK, MERRILL and CEIPS proposed the following Amendment No. 97 (Doc Name h:\legwork\house\amend\h-wm\007\scarborough-eliminate efa.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/(SDE: Eliminate EFA Formula) The Education Finance Act distribution formula is suspended for FY 2006-2007. Instead, all funds appropriated for the Education Finance Act will be distributed on a weighted pupil unit basis. /
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Rep. SCARBOROUGH explained the amendment.
Rep. J. R. SMITH moved to table the amendment, which was agreed to.
Reps. CEIPS, ALTMAN, LIMEHOUSE, CHALK, HERBKERSMAN and SCARBOROUGH proposed the following
Rep. CEIPS explained the amendment.
Rep. J. R. SMITH moved to table the amendment, which was agreed to.
Reps. CHALK, CEIPS, HERBKERSMAN, RIVERS and HODGES proposed the following Amendment No. 123 (Doc Name h:\legwork\house\amend\h-wm\007\remove district from sde-chalk.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/(SDE: Insufficient Support Removal) If any school district receives less than two percent of their funding from the State, that district is EXEMPT FROM ALL state laws as well as any rules, and regulations promulgated BY SDE EXCEPT FOR MINIMUM HEALTH AND SAFETY REQUIREMENTS. THE DISTRICT IS REQUIRED TO ENSURE minimum teacher qualifications and assessment standards are met to comply with the provisions of no child left behind./
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Rep. CHALK explained the amendment.
The SPEAKER granted Rep. W. D. SMITH a leave of absence for the remainder of the day.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
Rep. CHALK continued speaking.
Rep. J. R. SMITH moved to table the amendment.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Bailey Bales Brady Branham Breeland G. Brown J. Brown R. Brown Chellis Clark Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Edge Funderburk Govan Harrison Harvin Hayes J. Hines Hinson Hiott Hodges Hosey Jefferson Jennings Kennedy Kirsh Lucas Mack Martin McCraw McLeod Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Perry Phillips Pinson Rutherford Sandifer Scott Sinclair Skelton G. R. Smith J. E. Smith J. R. Smith Taylor Thompson Townsend Umphlett Weeks White Whitmire Young
Ballentine Bannister Barfield Bowers Ceips Chalk Clemmons Davenport Duncan Frye Haley Hamilton Hardwick Harrell Haskins Herbkersman Huggins Leach Littlejohn Loftis Mahaffey McGee Merrill Miller Norman Owens E. H. Pitts M. A. Pitts Rice Rivers Scarborough Simrill D. C. Smith G. M. Smith Stewart Talley Toole Vaughn Viers Witherspoon
So, the amendment was tabled.
Rep. CHALK proposed the following Amendment No. 172 (Doc Name h:\legwork\house\amend\h-wm\007\remove 2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 354, after line 34, by adding an appropriately numbered paragraph to read:
/(SDE: Insufficient Support Removal) If any school district receives less than two percent of their funding from the State Education Finance Act, that district is exempt from all State laws as well as any rules, and regulations promulgated by the department except for minimum health and safety requirements. The district is required to ensure minimum teacher qualifications and assessment standards are met to comply with the provisions of No Child Left Behind./
Renumber sections to conform.
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Rep. CHALK explained the amendment.
The amendment was then adopted.
Rep. SIMRILL explained the amendment.
The amendment was then adopted.
Section 1, as amended, was adopted.
Reps. LUCAS and NEILSON proposed the following Amendment No. 102 (Doc Name h:\legwork\house\amend\council\ms\ 7263ahb06.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 364, paragraph 44, line 30, by deleting the paragraph in its entirety and inserting:
/ 1A.44. (SDE-EIA: Technical Assistance) Notwithstanding any other provision of law, and in order to best meet the needs of low-performing schools, the funding provided in Section 1 XI.A.4 Special Items may be reallocated among the programs specified in this section. The Department of Education shall establish criteria for reviewing and assisting schools that will be rated unsatisfactory using a tiered system with the lowest-performing schools receiving highest priority. Not to exceed the statewide total number of specialists stipulated by the Education Accountability Act, the highest priority schools assistance shall include a year-long technical assistance team that may include a lead principal and/or curriculum specialist. All specialists shall have a demonstrated record of success in their field and shall be entitled to the incentives and benefits of the teacher specialist. Technical assistance for below average schools shall be provided to the extent possible, in order
The Department of Education shall pilot a structured academic mentoring program for students scoring below average on PACT in up to thirty schools including ten unsatisfactory schools, ten below average schools and ten average schools. Data shall be compiled and a report given to the State Board of Education and the Education Oversight Committee by January 12 annually.
Notwithstanding another provision of law, and in order to best meet the needs of low-performing schools, funds appropriated for homework centers, teacher specialists, principal specialists, retraining grants, technical assistance to below average schools, and principal leaders must be allocated accordingly. Schools receiving an absolute rating of below average must submit to the Department of Education a school renewal plan that includes actions consistent with each of the alternative researched-based technical assistance criteria as approved by the Education Oversight Committee and the Department of Education. Upon approval of the plans by the Department of Education and the State Board of Education, the school will receive an allocation of not less than $75,000, taking into consideration the enrollment of the schools. The funds must be expended on strategies and activities as expressly outlined in the school renewal plan which may include, but are not limited to, professional development, the Teacher Advancement Program (TAP), homework centers, diagnostic testing, supplement health and social services, or comprehensive school reform efforts. The schools will work with the Department of Education to broker the services of technical assistance personnel as needed and as stipulated in the school renewal plan. Funds not expended in the current fiscal year may be carried forward and expended for the same purpose in the next fiscal year.
Schools receiving an absolute rating of unsatisfactory will be provided an external review team evaluation. Based upon the external review team evaluation, the schools must submit to the Department of Education a school renewal plan that includes actions consistent with the alternative research-based technical assistance criteria as approved by the Education Oversight Committee and the Department of Education. Upon approval of the plan by the Department of Education
With the funds appropriated to the Department of Education for technical assistance services, the department will assist schools with an absolute rating of unsatisfactory or below average in designing and implementing school renewal plans and in brokering for technical assistance personnel as needed and as stipulated in the school renewal plan. In addition, the department must monitor the expenditure of funds and the academic achievement in schools receiving these funds and report to the General Assembly and the Education Oversight Committee by January 1 of 2007 and then by January 1 of each fiscal year following as the General Assembly may direct. /
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Rep. LUCAS explained the amendment.
Rep. J. R. SMITH spoke in favor of the amendment.
The amendment was then adopted.
Reps. OTT and COBB-HUNTER proposed the following Amendment No. 85 (Doc Name h:\legwork\house\amend\h-wm\007\ott pace.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 369, after line 12, by adding an appropriately numbered paragraph to read:
/ (EIA - PACE Carry Forward) The Department of Education is authorized to carry forward $871,000 from EIA funds not expended during the prior fiscal year. The $871,000 must be used for the purpose of conducting the Program of Alternative Certification for Educators (PACE) in the current fiscal year./
Rep. OTT explained the amendment.
The amendment was then adopted.
Section 1A, as amended, was adopted.
Rep. COOPER proposed the following Amendment No. 17 (Doc Name h:\legwork\house\amend\h-wm\007\teacherspecialists lottery.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 371, paragraph 1AA.7, after line 33, by inserting a line to read:
/() Department of Education -- Teacher Specialists, $11,000,000;/
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Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. HOSEY proposed the following Amendment No. 18 (Doc Name h:\legwork\house\amend\h-wm\003\blackville.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 7, line 20, by inserting after the word /Initiative./ the following:/ The next $100,000 will be directed to the Blackville Heritage Corridor Edisto./
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Rep. HOSEY explained the amendment.
Rep. LIMEHOUSE moved to table the amendment.
Rep. HOSEY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 41 to 17.
Rep. HOSEY explained the amendment.
Rep. LIMEHOUSE moved to table the amendment.
Rep. HOSEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Barfield Battle Bingham Brady Cato Chellis Clark Clemmons Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Haley Hamilton Hardwick Harrell Harrison Harvin Herbkersman Hinson Hiott Huggins Kirsh Leach Limehouse Littlejohn Lucas Mahaffey Martin McCraw Merrill Norman Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Vaughn Vick
Viers Walker White Whitmire Young
Those who voted in the negative are:
Agnew Anderson Anthony Bales Bowers Branham Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Coleman Funderburk Govan J. Hines Hodges Hosey Jefferson Jennings Mack McLeod Miller Mitchell Moody-Lawrence J. H. Neal Neilson Parks Phillips Rivers Scott Weeks
So, the amendment was tabled.
Reps. SCOTT and MITCHELL proposed the following Amendment No. 99 (Doc Name h:\legwork\house\amend\h-wm\001\scott deaf unclaimed.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, line 21, after /County First Steps Program./ by inserting: /The next $200,000 shall be directed to the S.C. School for the Deaf and the Blind for technology, equipment, and support for multi-disabled students enrolled in education degree and vocational certificate programs./
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Rep. SCOTT explained the amendment.
The amendment was then adopted.
Rep. TALLEY proposed the following Amendment No. 122 (Doc Name h:\legwork\house\amend\h-wm\005\talleychapctr.doc), which was tabled:
Rep. TALLEY explained the amendment.
Rep. LIMEHOUSE moved to table the amendment, which was agreed to.
Rep. HERBKERSMAN proposed the following Amendment No. 147 (Doc Name h:\legwork\house\amend\h-wm\007\bluffton tech park.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 1AA.7, line 21, by inserting a new sentence to read:
/The next $300,000 will be directed to the Department of Commerce for the Bluffton Technology Park./
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Rep. HERBKERSMAN explained the amendment.
Rep. COOPER moved to table the amendment, which was agreed to.
Rep. HERBKERSMAN proposed the following Amendment No. 148 (Doc Name h:\legwork\house\amend\h-wm\007\bluffton heyward.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 1AA.7, line 21, by inserting a new sentence to read:
/The next $300,000 will be directed to the Department of Parks, Recreation and Tourism for the Heyward House in Bluffton./
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Rep. HERBKERSMAN explained the amendment.
Reps. MILLER, NEILSON, DELLENEY, MCCRAW, ANDERSON, GOVAN, AGNEW, MCLEOD, VICK, CEIPS, EMERY, J. E. SMITH, CLYBURN, HAYES, RIVERS, JENNINGS, J. M. NEAL, CLARK, HOSEY, RHOAD, J. HINES and LUCAS proposed the following Amendment No. 178 (Doc Name h:\legwork\house\amend\council\\9361sd06.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 1AA.7, by adding immediately after Item (13) on line 2, a new Item (14) to read:
/ (14) Public Library Construction Grant Program, $2,000,000.00.
The lottery funding for the Public Library Construction Grant Program contained in this item (14) shall be administered by the State Library Board of Trustees and shall be used to provide grants to county public libraries to build or improve local library facilities. Allowable expenses include: construction cost, facilities studies, building plans, site acquisitions, architectural fees, and furniture, fixtures, and equipment, but do not include cost of new or existing FTE's, operating costs, or debt service. Priority shall be given to counties which have the highest unemployment rates over the past three years, which have the highest percentage of its populace without a high school diploma or its equivalent, or which have the highest percentage of families below the federal poverty level. Grants must be in a minimum amount of fifty thousand dollars with a maximum amount of five hundred thousand dollars and with the local jurisdiction providing one hundred percent matching funds from nonstate sources. In order for a county library to receive such a grant, it must be eligible for state aid with the project or projects to be constructed or improved with grant funds also being approved by the county library board and the governing body of the county. /
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Rep. MILLER explained the amendment.
Rep. LIMEHOUSE moved to table the amendment.
Those who voted in the affirmative are:
Bannister Barfield Bingham Brady Chellis Clemmons Cooper Cotty Dantzler Edge Hamilton Hardwick Harrell Herbkersman Hinson Hiott Huggins Kirsh Limehouse Loftis Mahaffey McGee Merrill Norman Owens Perry M. A. Pitts Rice Scarborough Sinclair Skelton D. C. Smith G. R. Smith J. R. Smith Stewart Talley Toole Umphlett Vaughn White Young
Those who voted in the negative are:
Agnew Allen Anderson Anthony Bailey Bales Battle Bowers Branham Breeland G. Brown Clark Clyburn Cobb-Hunter Coleman Delleney Duncan Emory Funderburk Govan Harrison Harvin Haskins Hayes Hodges Hosey Jefferson Jennings Kennedy Leach Littlejohn Lucas Mack Martin McCraw McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Phillips Pinson Rivers Rutherford Scott Simrill J. E. Smith
Thompson Vick Walker Weeks Whitmire
So, the House refused to table the amendment.
Rep. COOPER spoke against the amendment.
The amendment was then rejected.
Rep. RHOAD proposed the following Amendment No. 84 (Doc Name h:\legwork\house\amend\h-wm\005\leatuitionast.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, line , by adding an appropriately numbered paragraph to read:
/To the extent funds are appropriated, tuition assistance, received by students enrolled and residing in a state supported housing facility on the campus of a Technical College, will equal the amount charged for registering for credit hours of instruction and academic fees. Funds received by these students from federal and need-based grants are not to be reduced from the amount received from lottery funds appropriated for tuition assistance. All other eligibility requirements for tuition assistance must be met/
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Rep. COBB-HUNTER moved to table the amendment, which was agreed to.
Reps. J. H. NEAL and MOODY-LAWRENCE proposed the following Amendment No. 90 (Doc Name h:\legwork\house\amend\h-wm\005\nealclintonjr.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 1AA.7, line 21, after "County First Steps Program." by inserting:
/The next $500,000 will be directed to Clinton Junior College for the early childhood education Associates Degree Program./
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Rep. KIRSH moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 50 to 20.
Reps. MILLER and J. E. SMITH proposed the following Amendment No. 177 (Doc Name h:\legwork\house\amend\ council\ms\7258 sd06.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 1AA.7, by adding immediately after Item (13) on line 2, a new Item (14) to read:
/ (14) Public Library Construction Grant Program, $1,000,000.00.
The lottery funding for the Public Library Construction Grant Program contained in this item (14) shall be administered by the State Library Board of Trustees and shall be used to provide grants to county public libraries to build or improve local library facilities. Allowable expenses include: construction cost, facilities studies, building plans, site acquisitions, architectural fees, and furniture, fixtures, and equipment, but do not include cost of new or existing FTE's, operating costs, or debt service. Priority shall be given to counties which have the highest unemployment rates over the past three years, which have the highest percentage of its populace without a high school diploma or its equivalent, or which have the highest percentage of families below the federal poverty level. Grants must be in a minimum amount of fifty thousand dollars with a maximum amount of five hundred thousand dollars and with the local jurisdiction providing one hundred percent matching funds from nonstate sources. In order for a county library to receive such a grant, it must be eligible for state aid with the project or projects to be constructed or improved with grant funds also being approved by the county library board and the governing body of the county. /
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Rep. MILLER explained the amendment.
Rep. MILLER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bannister Barfield Bingham Brady Cato Chellis Clemmons Cooper Cotty Dantzler Davenport Delleney Duncan Edge Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Hiott Huggins Kirsh Leach Limehouse Loftis Lucas Mahaffey McCraw McGee Merrill Norman Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn White Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Anthony Bailey Battle Bowers Branham Breeland G. Brown Clark Clyburn Cobb-Hunter Coleman Emory Funderburk Govan Harvin Hayes Hosey Howard Jefferson Jennings Mack Martin McLeod Miller Mitchell Moody-Lawrence J. H. Neal
J. M. Neal Neilson Ott Parks Phillips Rutherford Sandifer Scott J. E. Smith Vick Walker Weeks Whitmire
So, the amendment was tabled.
Reps. OTT and LOFTIS proposed the following Amendment No. 182 (Doc Name h:\legwork\house\amend\h-wm\001\ag in classroom.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 372, paragraph 1AA.7, line 21, after "County First Steps Program." by inserting:
/The next $250,000 will be directed to the Department of Education for agriculture in the classroom./
Renumber sections to conform.
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Rep. OTT 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.
Rep. LIMEHOUSE proposed the following Amendment No. 77 (Doc Name h:\legwork\house\amend\h-wm\005\limereapplic.doc), which was adopted:
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 75 (Doc Name h:\legwork\house\amend\h-wm\005\limechefoster.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 378, paragraph 26, line 21, by striking /For the 2006-07 academic year/ and inserting /For the current academic year/
Amend the bill further, as and if amended, page 378, paragraph 26, line 23, by striking /2006/ and inserting /of the preceding year./
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Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 76 (Doc Name h:\legwork\house\amend\h-wm\005\limelifeelig.doc), which was adopted:
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
Rep. D. C. SMITH proposed the following Amendment No. 81 (Doc Name h:\legwork\house\amend\h-wm\005\palmettofellow.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 379, after line 6, by adding an appropriately numbered paragraph to read:/(CHE: out-of-state eligibility) For fiscal year 2006-2007, students that are South Carolina residents and enrolled in out-of-state high schools shall be eligible to receive the Palmetto Fellows, Life, and Hope scholarships. Eligibility shall be calculated utilizing criteria for in-state students.
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Rep. D. C. SMITH explained the amendment.
The amendment was then adopted.
Reps. SCOTT and GOVAN proposed the following Amendment No. 62 (Doc Name h:\legwork\house\amend\h-wm\005\endowed chairs.doc), which was tabled:
Rep. SCOTT explained the amendment.
Rep. SCOTT moved to table the amendment, which was agreed to.
Section 5A, as amended, was adopted.
Section 5B was adopted.
Section 5D was adopted.
Section 5K was adopted.
Section 5M was adopted.
Reps. DUNCAN and G. BROWN proposed the following Amendment No. 139 (Doc Name h:\legwork\house\amend\h-wm\005\duncanmidtec.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 5N, TECHNICAL & COMPREHENSIVE EDUCATION BOARD, page 381, after line 13, by adding an appropriately numbered paragraph to read:
/ (TEC: Midlands) For fiscal year 2006-2007, Midlands Technical College is required to offer auctioneering on a semester schedule.
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Rep. DUNCAN explained the amendment.
Rep. G. BROWN spoke in favor of the amendment.
Rep. E. H. PITTS moved to table the amendment, which was not agreed to.
The question then recurred to the adoption of the amendment.
Rep. E. H. PITTS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bales Bowers Branham Breeland G. Brown Clyburn Cobb-Hunter Coleman Davenport Delleney Duncan Edge Emory Haskins Hosey Jefferson Jennings Kennedy Lucas Mack Mahaffey McCraw McLeod Moody-Lawrence J. H. Neal J. M. Neal Neilson Parks Phillips
M. A. Pitts Rivers J. E. Smith Umphlett Vick Whipper
Those who voted in the negative are:
Bailey Ballentine Bannister Barfield Battle Bingham Brady J. Brown Cato Chalk Chellis Clark Clemmons Cooper Cotty Dantzler Frye Funderburk Haley Hamilton Hardwick Harrell Harrison Harvin Hinson Hiott Hodges Huggins Kirsh Leach Limehouse Littlejohn Loftis McGee Merrill Norman Owens Perry Pinson E. H. Pitts Rice Rutherford Sandifer Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith Stewart Thompson Toole Vaughn Walker White Whitmire Witherspoon Young
So, the amendment was rejected.
Section 5N was adopted.
Section 6 was adopted.
Section 7 was adopted.
Rep. EDGE proposed the following Amendment No. 19 (Doc Name h:\legwork\house\amend\h-wm\009\proviso 8.41.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 390, paragraph 8.41, line 31, by striking the proviso in its entirety and inserting / 8.41 (DHHS: Medicaid Cost and Quality Effectiveness) The Department of Health and Human Services (DHHS) shall establish a procedure to assess the various forms of managed care (Health Maintenance Organizations and Medical Home Networks, and any other forms authorized by the department) to measure cost effectiveness and quality. These measures must be conducted by December 15 of each year. In addition to the cost effectiveness calculations, HMOs and MHNs must conduct annual patient and provider satisfaction surveys equivalent to those sanctioned by nationally recognized managed care accrediting organizations. Cost effectiveness shall be determined in an actuarially sound manner and data must be aggregated in a manner to be determined by a third party actuary in order to adequately compare cost effectiveness of the different managed care programs. The program measures must use a case-mix adjustment that encourages the managed care organizations to enroll and manage all beneficiaries. The results of the cost effectiveness calculations and the patient and provider satisfaction surveys must be made available to the Speaker of the House, Chairman of the Ways and Means Committee, President Pro Tempore of the Senate and Chairman of the Senate Finance Committee no less than 45 days after the measures have been collected./
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Rep. EDGE explained the amendment.
The amendment was then adopted.
Reps. COBB-HUNTER, EDGE and OTT proposed the following Amendment No. 20 (Doc Name h:\legwork\house\amend\council\agm\ 18286mm06.doc):
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 391,
Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER moved to adjourn debate on the amendment, which was agreed to.
Rep. GOVAN proposed the following Amendment No. 68 (Doc Name h:\legwork\house\amend\council\agm\18288mm06.doc):
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 391, paragraph 8, after line 15, by adding an appropriately numbered paragraph to read:
/ 8. (DHHS: PACE) The Department of Health and Human Services shall work with a qualified provider to develop a pilot program in Orangeburg and Calhoun Counties of the Program of All-Inclusive Care for the Elderly (PACE), the optional state service plan currently serving Richland and Lexington Counties. Of the funds appropriated to the department in this fiscal year, an amount sufficient to fund the development of the pilot program, not to exceed $150,000, must be allocated to the Program of All-Inclusive Care for the Elderly in Orangeburg and Calhoun Counties. /
Rep. GOVAN explained the amendment.
Rep. GOVAN moved to adjourn debate on the amendment, which was agreed to.
Rep. WHITE proposed the following Amendment No. 100 (Doc Name h:\legwork\house\amend\h-wm\010\dhhs targeted case.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 391, paragraph 8.42, line 9, by striking:/ In addition, five hundred thousand dollars ($500,000) of these funds must be used for the targeted case management needs of the Department of Juvenile Justice with the intent of reaching one million seven hundred thousand dollars ($1,700,000) in total funding for targeted case management for Department of Juvenile Justice./
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Rep. WHITE explained the amendment.
The amendment was then adopted.
Reps. AGNEW, RICE, MITCHELL, OTT, COBB-HUNTER, J. H. NEAL, HODGES, ANTHONY, HARVIN, FUNDERBURK, GOVAN, J. E. SMITH and MACK proposed the following Amendment No. 130 (Doc Name h:\legwork\house\amend\ council\nbd\12351ac06.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 8, J02 DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 391, paragraph 8, after line 14, by adding an appropriately numbered paragraph to read:
/8.__(DHHS: Small Business Health Insurance Premium Assistance Program) (A) There is established the Small Business Health Insurance Premium Assistance Program within the Department of Health and Human Services. The purpose of this program is to provide health insurance premium assistance to small businesses for all employees and employee spouses who are at or under two hundred
(1) employ seventy-five or fewer employees;
(2) provide health insurance to all employees who are employed the requisite number of hours pursuant to the health insurance policy of the small business and agree to maintain this insurance for the next twelve months;
(3) contribute twenty five percent of the premium cost for those employees eligible for the premium assistance program; and
(4) contribute a minimum of twenty five percent of the premiums for those employees not eligible for the premium assistance program.
An employee who qualifies for this program shall contribute, on a sliding fee basis determined by income, as established by the department in regulation, up to fifteen percent of the premium cost. The department shall apply to the Centers for Medicaid and Medicare Services for a waiver to carry out this program. Funding for this program must be provided from those funds deposited in the Medicaid Match Fund created pursuant to subparagraph (C).
(B) The department shall expand coverage under the state Medicaid program to children eighteen years of age and under whose family incomes do not exceed two hundred percent of the federal poverty level.
(C) There is created in the State Treasury the Medicaid Match Fund that is separate and distinct from the general fund of the State and all other funds. Revenue collected pursuant to subparagraph (D) must be credited to the Medicaid Match Fund and used by the department as the state match for federal Medicaid funding for the Health Insurance Premium Assistance Program established in subparagraph (A) and for the expansion of Medicaid coverage pursuant to subparagraph (B). Monies in the fund are supplementary and may not be used to replace recurring monies appropriated from the general fund of the State or from other funds for the support of the Medicaid program. This fund is exempt from reductions imposed by law as a result of general fund shortfalls. Earnings on fund revenues must be credited to the fund and used for the same purposes. Revenues in the fund not expended during this fiscal year must be carried forward to the succeeding fiscal year and must be used for the same purposes
(D) In addition to the license tax imposed pursuant to subparagraph (A), there is imposed on all cigarettes made of tobacco or any substitute for tobacco an additional license tax equal to 1.6 cents
(1) 3 million dollars must be credited to the Department of Health and Environmental Control to be divided equally between maternal and child health and smoking cessation and youth smoking prevention programs;
(2) 2 million dollars must be credited to the South Carolina Department of Agriculture for programs to market South Carolina grown agricultural products; and
(3) the remaining funds must be deposited into the Medicaid Match Fund created pursuant to subparagraph (C).
(E) Of the funds appropriated in this paragraph to the Department of Health and Human Services for the Small Business Health Insurance Premium Program, the Department of Health and Human Services shall ensure by appropriate caps on the number of enrolled employees that no more funds are expended for the program than are available in the Medicaid Matching Fund established in this paragraph after funds are allocated to the expansion of Medicaid Funding./
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Rep. AGNEW explained the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. EDGE spoke against the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. RUTHERFORD spoke in favor of the amendment.
Rep. MACK spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. E. H. PITTS spoke against the amendment.
Rep. AGNEW spoke in favor of the amendment.
Rep. COOPER moved to table the amendment.
Rep. COOPER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bannister Barfield Battle Bingham Brady
Cato Ceips Chalk Chellis Clark Clemmons Cooper Cotty Davenport Delleney Duncan Edge Frye Haley Hamilton Hardwick Harrell Harrison Hayes Herbkersman Hinson Hiott Huggins Kennedy Kirsh Leach Littlejohn Loftis Lucas Mahaffey McCraw McGee Merrill Neilson Norman Owens Perry Pinson E. H. Pitts M. A. Pitts Sandifer Scarborough Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Viers Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Anthony Bales Bowers Branham Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Coleman Dantzler Emory Funderburk Govan Harvin Hodges Hosey Howard Jefferson Jennings Limehouse Mack Martin McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Ott Parks Phillips Rice Rivers Rutherford Scott Sinclair D. C. Smith
J. E. Smith Vick Weeks Whipper
So, the amendment was tabled.
Rep. COOPER moved that the House do now adjourn, which was agreed to.
Rep. COOPER moved to reconsider the vote whereby Part IA, Sections 56A, 56C, 63, and Part 1B, Sections 1, 1A, 1AA, 2, 3, 4, 5A, 5B, 5D, 5K, 5M, 5N, 6, 7 were adopted and the motion was noted.
Rep. KENNEDY moved to reconsider the vote whereby Amendment No. 130, Section 8, Part IB was tabled and the motion was noted.
Further proceedings were interrupted by adjournment, the pending question being consideration of Section 8, Part IB.
The Senate returned to the House with concurrence the following:
H. 4605 (Word version) -- Reps. Witherspoon, Barfield, Chellis, Edge, Hardwick and Hayes: A CONCURRENT RESOLUTION TO DECLARE AUGUST 12, 2006, AS "NATIONAL MARINA DAY" IN SOUTH CAROLINA IN ORDER TO HONOR SOUTH CAROLINA'S MARINAS FOR THEIR CONTRIBUTIONS TO THE COMMUNITY AND TO MAKE OUR CITIZENS MORE AWARE OF THE OVERALL CONTRIBUTIONS OF MARINAS TO THEIR WELL-BEING.
H. 4900 (Word version) -- Rep. Vaughn: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR BEN H. DILLARD OF GREENVILLE COUNTY FOR HIS TWENTY-SEVEN YEARS OF DEDICATION AND SERVICE TO THE COMMUNITY AS A SOIL AND WATER CONSERVATION DISTRICT COMMISSIONER AND AS AN ADVOCATE FOR THE PROTECTION OF NATURAL RESOURCES.
H. 4902 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, 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, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DIVA GIRLZ, INC., A SOUTH CAROLINA COMPANY ORGANIZED FOR THE EMPOWERMENT OF WOMEN AND ITS FOUNDER, MS. WOODEENA (DINA) CURRY, FOR ALL THEIR TRULY WONDERFUL EFFORTS IN AIDING AND ASSISTING VICTIMS OF HURRICANE KATRINA WHO HAVE RELOCATED TO SOUTH CAROLINA.
H. 4903 (Word version) -- Reps. J. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey,
At 6:55 p.m. the House, in accordance with the motion of Rep. STEWART, adjourned in memory of J. M. Fulmer of Aiken, to meet at 9:30 a.m. tomorrow.
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