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

Monday, March 27, 2006
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:30 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 31:3: "Since you are my rock and my fortress, for the sake of your name lead and guide me."
Let us pray. O God, You made us in Your own likeness, and You love what You have made. Give to those whom You have placed in seats of honor and power a sense of awe and humility before You as their creator. Give strength to each Representative, staff and assistant as we go through the agenda set before us this week. Give them the blessing of sound judgment, the sill of making wise decisions, the patience to act in due time and the tack for being helpful. Bless our Nation, President, State, Governor and all leaders. Keep our defenders of freedom safe 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. PHILLIPS moved that when the House adjourns, it adjourn in memory of Ernest Dixon of Blacksburg, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family of Mrs. Louise Kelly, grandmother of Representative Vick.

REPORT RECEIVED

The following was received:

COMMITTEE TO SCREEN CANDIDATES FOR BOARDS OF

TRUSTEES OF STATE COLLEGES AND UNIVERSITIES

Memorandum To: Clerk of the House
Clerk of the Senate

Re: Committee Hearings, March 21, 2006

Findings of Fact

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.

Coastal Carolina University

6th District, seat 12                 Mr. Joseph Wayne George

Mrs. Ann Kirven Sanders
Respectfully submitted,

Rep. Olin Phillips, Chm.     Sen. Thomas Alexander
Rep. Becky Martin           Sen. Linda Short
Rep. Lanny F. Littlejohn       Sen. Jake Knotts
Rep. Jesse E. Hines           Sen. Harvey S. Peeler, Jr.

Tuesday, March 21, 2006
11:33 a.m. - 11:45 a.m.

The candidate screening conducted on March 21st, 2006, Room 501, Blatt Building, Columbia, South Carolina before Sonya K. Grice, Court Reporter and Notary Public in and for the State of South Carolina.

APPEARANCES:
Representative Olin Phillips
Representative Lanny F. Littlejohn
Sophia Floyd, Administrative Assistant

CHAIRMAN PHILLIPS: We'll go ahead and start. I'll call the meeting of the Joint Committee to Screen Candidates for our Boards of Trustees of State Colleges and Universities. The committee members present today is Representative Lanny Littlejohn of Spartanburg, Cherokee Counties; and myself, Representative Olin Phillips from Gaffney, Cherokee County; and taking dictation for us today is Sonya Grice of the Creel agency and Sophia Floyd with the committee, acting as our secretary to the committee. As you both stand, I want to swear both of you at one time. Please raise your right hand. The information given here today be the truth, and nothing but the truth, so help you God?
CANDIDATES: Yes.
CHAIRMAN PHILLIPS: Thank you very much. The first candidate would be Mr. Wayne George. Joseph Wayne George for candidate for the Coastal Carolina University, 6th District, Seat 12. Mr. George, please stand, sir.
MR. GEORGE: Yes, sir.
CHAIRMAN PHILLIPS: Mr. George, we have a couple of questions I need to ask you. Do you have any health-related problems that would keep you from, if you're elected, by serving in a full capacity with the Board?
MR. GEORGE: No, sir.
CHAIRMAN PHILLIPS: Do you have any elected positions or appointed positions now in your community that would cause a conflict of interest by serving, a dual-office holding?
MR. GEORGE: No, sir.
CHAIRMAN PHILLIPS: Okay. Do your hobbies or your business, would it not interfere with being a member of the Board of Coastal Carolina University?
MR. GEORGE: No, sir.
CHAIRMAN PHILLIPS: Thank you, sir. If you'll give us a brief statement we'd appreciate it.
MR. GEORGE: Okay. I'm a life-long resident of Mullins, South Carolina. That's been my home forever. I live about 35 miles from Coastal Carolina. And Coastal Carolina is very special to me. I was sort of a poor high school student, grade-wise, and Coastal offered me a basketball scholarship coming out of Mullins High School. I attended the college for two years and transferred to the University of South Carolina and later went on to finish college on weekends and at night. Coastal is special to me. I've kept up with it. Although I'm not a alumnus of the college, I've gone back and participated in some of the basketball alumni games. I've also participated there on other functions for the college. It's been something I've followed over the years. My family is a hundred percent in support of the college. My oldest son now is a junior. Jeff is a junior, studying business, at the college, the university. My second oldest son will attend, he's just been accepted to attend Coastal and he will attend in the fall. So I'll have my two oldest children, and I'm sure my third one is going to probably follow, too. My third boy. I have three boys. I have a concern. I love the college. One concern I have is being sure that we allow our in-state students to attend the college. That has been a concern of mine, to be sure that there's enough open positions for freshmen to attend. My second thing, I think that my background in public service and government and business, that I can help maybe from a fund-raising standpoint. I know that money is tight with all universities and colleges in South Carolina, and I think with my background I can do that. I've been a person that believes in community service. In 2004, Mullins awarded me the Community Citizen of the Year by the Chamber of Commerce. In 2004 I was recognized by the Department of Commerce for my activities there in Mullins in the revitalization of downtown. The Historic and Preservation of South Carolina Chapter awarded me the Elected Official of the Year in 2004. I spent 24 years in local government serving Mullins and, as I said, I believe in community service. Past President of the Rotary Club, past President of the Chamber of Commerce, and I'm very involved the city. I wanted to, and sort of in closing, Mr. Chairman, I don't know how much time, if I've taken too much time or not enough, but in closing, education has meant so much to me, personally. Not only at Coastal, but as I said, I was not bragging or not boasting, but I was not a good high school student, I was not a good college student coming out of high school. I had to go back and I struggled, raising a family and trying to make a living, to go back and finish at night and on the weekends. The appreciation, it might sound corny, but I think due to my business and my government experience, the last year I've taken on another role as a part-time professor. Both at Horry-Georgetown Technical College, and Conway, the neighboring school there, and Coastal allowed me to teach two courses, two business courses, there at the college in 2004. In this past semester at the University of South Carolina, I taught an insurance class, a junior level class. So it's really meant something to me, so you can see I love and have a fondness for education and I think getting back involved, there's been a void in my life since I left public office in 2004, and I think this position on the Coastal Carolina Trustee Board would certainly fill that void. Thank you very much for your attention and time. And if I can answer any question, I'll be glad to.
CHAIRMAN PHILLIPS: Thank you very much. Representative Littlejohn, do you have any questions?
REPRESENTATIVE LITTLEJOHN: Mr. Chairman, I don't have anything. It looks good.
CHAIRMAN PHILLIPS: Thank you for offering. I don't have any either but I thank you for offering yourself to serve on the Coastal Carolina Board. Good luck to you. Thank you very much.
MR. GEORGE: Thank you very much.
CHAIRMAN PHILLIPS: Okay. Now we'll hear from Ms. Sanders. Now, Ms. Sanders, please stand. Ann Sanders?
MS. SANDERS: Yes, sir.
CHAIRMAN PHILLIPS: Okay. I'll ask you the same questions I asked him. Do you have any health-related problems that would prevent you from serving as a full-time member of the Board?
MS. SANDERS: No, sir.
CHAIRMAN PHILLIPS: None. Do you have any hobbies or any conflicts of interest by any kind of occupation that would cause a conflict of interest by serving on that Board?
MS. SANDERS: No, sir.
CHAIRMAN PHILLIPS: Do you hold any elected or appointed positions in your community now?
MS. SANDERS: No, sir.
CHAIRMAN PHILLIPS: None. Thank you. Well, give us a short statement, if you don't mind.
MS. SANDERS: Well, as you can see, Mr. Chairman, from my Letter of Intent, I, too, have served in the public sector for the past 31 years as Director of Planned and Behavioral Health Services. During that time I've had the opportunity to serve on numerous boards and commissions. I've been President of the South Carolina Behavioral Health Services Association, which is all the alcohol and drug abuse directors in the state. I have served two terms on our Chamber of Commerce, and during one of those terms I had the opportunity to serve as Chairman of the Education Committee. And in meeting with business and industries in our small rural county, I realize just how much education means in luring businesses to our communities. And especially communities like Clarendon County and most rural parts of our state we desperately need business and industry to come in and help our economy. And one of the complaints they have is we are not preparing our young people to meet those needs and, therefore, like in our county, [inaudible], we lost over I think a hundred slots in our county because we just didn't have the workforce that we needed. So I believe that education is extremely important, as you can see from my Letter of Intent, I got my original masters degree in counseling from the University of South Carolina and then went back at a much older age to get a second masters in human resource management. And I'm also a licensed professional counselor so I continue to get at least 60 hours of continuing education every year. I think that education is the key to economic success both in our counties, in our state, and certainly in our nation. I did not attend the Coastal Carolina University but I have watched with interest through the years how much they've grown. I know that Horry County is certainly growing. Every time you go it just seems like you don't know where anymore people are going to be placed in that area. But I believe that I, with my administrative background, and we've always had sound physical management at our agency, which is not always true sometimes of state and county agencies. So I believe that with that strong administrative background that I have the expertise to be a good board member and could contribute to this Board of Trustees.
CHAIRMAN PHILLIPS: Thank you very much. Representative Littlejohn, do you have any questions of Ms. Sanders?
REPRESENTATIVE LITTLEJOHN: I don't think so, Mr. Chairman. We've got two good people.
CHAIRMAN PHILLIPS: All right. I would think so. I don't have any either, Ms. Sanders. Thank you for offering your services and, certainly, whichever one of you are elected to serve, it's fortunate to Coastal Carolina that we do have two good people wanting to fill the seat that was held by Representative Cathy Harvin, who resigned to run for the House after the untimely death of her husband.
REPRESENTATIVE LITTLEJOHN: How much time is left on that term, Mr. Chairman? Do you know?
CHAIRMAN PHILLIPS: I don't have it.
MS. FLOYD: I've got it written down. Is it two years?
MR. GEORGE: I was thinking it was two years.
REPRESENTATIVE LITTLEJOHN: Two years.
MS. FLOYD: '08? I believe it's '08.
CHAIRMAN PHILLIPS: But to fill the unexpired term of Representative Harvin. Cathy Harvin. We thank both of you for coming and we thank you for your service.
MR. GEORGE: Thank you.
MS. SANDERS: Thank you.
CHAIRMAN PHILLIPS: Any other business to take care of?
MS. FLOYD: I'll be in touch when y'all can start asking for commitments.
MR. GEORGE: We can't ask for two today?
MS. FLOYD: No.
CHAIRMAN PHILLIPS: With 170 to go. We'll put your statements in the journal next ...
MS. FLOYD: Ask Sonya, she's in charge. Can you do it by next Tuesday?
COURT REPORTER: Yes.
MS. FLOYD: Okay. So Thursday at noon.
CHAIRMAN PHILLIPS: So next Thursday at twelve noon you may seek commitments. Now, when the election comes off, we'll have to let you know because it will be separate from the next election which will be held ...
MS. FLOYD: April the 4th.
CHAIRMAN PHILLIPS: ... April the 4th. Yours will come later, a couple of three or four weeks after that.
MS. FLOYD: Give you a little more time.
CHAIRMAN PHILLIPS: Gives you a little more time to solicit votes. Thank you very much.
MS. FLOYD: And I'll mail you a copy of the transcripts. Thank y'all.
CHAIRMAN PHILLIPS: Any other business to take care of at this time?
REPRESENTATIVE LITTLEJOHN: No.
CHAIRMAN PHILLIPS: If not, I'll call the meeting adjourned. Thank you for coming, Representative Littlejohn.
(The meeting was adjourned at 11:45 a.m.)
Received as information.

ACTING SPEAKER MCGEE IN CHAIR

INTRODUCTION OF BILLS

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

H. 4896 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2723 SO AS TO REQUIRE ALL GROUP CHILDCARE HOMES AND FAMILY CHILDCARE HOMES THAT DO NOT CARRY LIABILITY INSURANCE TO OBTAIN STATEMENTS FROM EACH PARENT OR GUARDIAN OF A CHILD ENROLLED IN THE CHILDCARE FACILITY INDICATING THAT THE PARENT HAS RECEIVED NOTICE FROM THE FACILITY THAT THE FACILITY DOES NOT CARRY LIABILITY INSURANCE AND TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO INFORM EACH GROUP CHILDCARE HOME AND FAMILY CHILDCARE HOME OF THIS REQUIREMENT.
Referred to Committee on Labor, Commerce and Industry

H. 4897 (Word version) -- Rep. Rice: A BILL TO AMEND SECTION 39-65-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE PAYMENT OF POST-TERMINATION CLAIMS TO SALES REPRESENTATIVES, SO AS TO PROVIDE THAT A SALES REPRESENTATIVE IS ONE WHO SELLS TO BOTH WHOLESALERS AND END USERS AND ONE WHO DOES NOT SELL PRIMARILY FOR HIS OWN ACCOUNT, TO INCLUDE ORDERS FOR PRODUCTS AND SERVICES, TO DEFINE "COMMISSIONS" AS INCLUDING A PERCENTAGE OF PROFITS, AND TO MAKE A TECHNICAL CHANGE.
Referred to Committee on Labor, Commerce and Industry

S. 1264 (Word version) -- Senator Leventis: A BILL TO AMEND ACT 470 OF 1971, AS AMENDED, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY AND THE BOARD OF TRUSTEES OF THE CAREER CENTER BOARD, SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 2006, THE BOARD OF TRUSTEES OF THE CAREER CENTER SHALL BECOME AN ADVISORY BOARD TO THE BOARDS OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 AND THE DUTIES, POWERS, AND FUNCTIONS OF THE BOARD OF TRUSTEES OF THE CAREER CENTER ARE DEVOLVED JOINTLY UPON THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 ON JULY 1, 2006, AND TO PROVIDE THAT BEGINNING JULY 1, 2006, THE SUPERINTENDENTS OF SUMTER SCHOOL DISTRICTS 2 AND 17 SHALL TOGETHER EMPLOY A DIRECTOR OF THE CENTER WHO SHALL SERVE AS SUPERVISOR AND FISCAL AGENT OF THE SCHOOL UNDER THE DIRECTION OF THE SUPERINTENDENTS.
Referred to Sumter Delegation

CONCURRENT RESOLUTION

On motion of Rep. MILLER, with unanimous consent, the following was taken up for immediate consideration:

H. 4898 (Word version) -- Reps. Miller, Anderson, Agnew, Allen, Altman, 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, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, 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 REQUEST THAT THE GEORGETOWN COUNTY COUNCIL AND THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES NAME THE SAMPIT RIVER BOAT PARK LANDING PROJECT THE "CARROLL ASHMORE CAMPBELL MARINE COMPLEX" IN HONOR OF ONE OF THE PALMETTO STATE'S MOST BELOVED LEADERS.

Whereas, the Honorable Carroll Ashmore Campbell, Jr. was born in Greenville, South Carolina on July 24, 1940, the son of Carroll Ashmore and Anne Williams Campbell; and

Whereas, he was happily married to the former Iris Faye Rhodes of Liberty, and together they raised two sons, Carroll A. Campbell III and Richard Michael Campbell II; and
Whereas, Governor Campbell received a Masters of Arts degree from American University; and

Whereas, he served in the South Carolina House of Representatives from 1971 to 1974, served in the South Carolina Senate from 1977 to 1978, and served in the United States House of Representatives from 1978 to 1986; and

Whereas, in 1986 he was elected Governor of the State of South Carolina and was only the second individual to serve in this capacity for two terms; and

Whereas, he dedicated his life to serving his beloved Palmetto State and his country; and

Whereas, during his two terms as Governor, Carroll Campbell provided extraordinary leadership prior to, during, and in the aftermath of Hurricane Hugo, one of the most trying times for the people of South Carolina; and

Whereas, Carroll Campbell's service as Governor also will be remembered as a period of unprecedented economic growth for our State; and

Whereas, he had a great love for the lowcounty. The Governor's Cup Bill Fishing Series, started by Governor Campbell, began at the Land's End Marina where he kept his boat for many years. This fishing tournament exemplifies the ideals of Georgetown County's Sampit River Boat Landing Project as it brought recognition to this area and promoted economic development; and

Whereas, the citizens of this State and nation lost one of its most beloved leaders in 2005 when Governor Campbell succumbed to the devastating effects of Alzheimer's Disease; and

Whereas, in light of Governor Campbell's personal commitment to the economic development of Georgetown County, it would be a fitting tribute to this great South Carolinian to name the Sampit River Boat Landing Project in Georgetown County in his honor. Now, therefore,

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

That the members of the General Assembly, by this resolution, request that the Georgetown County Council and the South Carolina Department of Natural Resources name the Sampit River Boat Landing Project the "Carroll Ashmore Campbell Marine Complex" in honor of one of South Carolina's most beloved leaders.

Be it further resolved that a copy of this resolution be forwarded to the Georgetown County Council and the South Carolina Department of Natural Resources.

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

SPEAKER IN CHAIR

ROLL CALL

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

Agnew                  Altman                 Anderson
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle
Bingham                Brady                  Branham
Breeland               R. Brown               Cato
Ceips                  Chalk                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Frye
Funderburk             Govan                  Haley
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Hayes
Herbkersman            M. Hines               Hinson
Hiott                  Hodges                 Hosey
Huggins                Jefferson              Kennedy
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Mack
Mahaffey               McCraw                 McGee
McLeod                 Merrill                Miller
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Scott
Simrill                Skelton                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Umphlett               Vaughn
Viers                  Walker                 Weeks
White                  Whitmire               Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Monday, March 27.

Donald C. Smith                   James Lucas
Thomas Rhoad                      Gloria Haskins
George Bailey                     Todd Rutherford
Karl Allen                        Anne Parks
Harold Mitchell                   Ted Vick
Thayer Rivers                     Jackson "Seth"  Whipper
Bessie Moody-Lawrence             Becky Martin
Daniel Tripp                      Leon Howard
Douglas Jennings                  Grady Brown

Total Present--118

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. BROWN a leave of absence for the day to attend the funeral of his brother-in-law.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HAGOOD a leave of absence for the week.

CO-SPONSORS ADDED

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

CO-SPONSOR ADDED

Bill Number:   H. 4534 (Word version)
Date:   ADD:
03/27/06   NORMAN

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
03/27/06   BRADY

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
03/27/06   HARRISON

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
03/27/06   PERRY

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
03/27/06   YOUNG

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
03/27/06   COBB-HUNTER

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
03/27/06   NEILSON

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
03/27/06   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
03/27/06   WHITE

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
03/27/06   BALES

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
03/27/06   CLYBURN

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
03/27/06   PARKS

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
03/27/06   RHOAD

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
03/27/06   MITCHELL

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
03/27/06   R. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
03/27/06   HOWARD

H. 4317--DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, April 4, which was adopted:

H. 4317 (Word version) -- Reps. Brady, Funderburk, Mitchell, Bowers, Ballentine, Ceips and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-690 TO THE SOUTH CAROLINA ENERGY EFFICIENCY ACT SO AS TO REQUIRE THE APPLICATION OF "GREEN BUILDING" OR COMPARABLE STANDARDS TO STANDARDS OR MEASURES OF ENERGY EFFICIENCY AND ENERGY CONSERVATION, WITH LIMITATIONS TO BUILDINGS OF MORE THAN TEN MILLION DOLLARS AND EXEMPTIONS OF CERTAIN STATE-FUNDED STRUCTURES.

S. 46--DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, April 4, which was adopted:

S. 46 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 29-5-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVEYOR'S SERVICES AS MATERIAL FURNISHED FOR THE IMPROVEMENT OF REAL ESTATE, SO AS TO PROVIDE THAT UNDER CERTAIN CONDITIONS, A REAL ESTATE LICENSEE WHO PERFORMS PROFESSIONAL SERVICES FOR THE OWNER OF REAL ESTATE INCIDENT TO A REAL ESTATE TRANSACTION PURSUANT TO A WRITTEN AGREEMENT HAS FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE.

H. 4559--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4559 (Word version) -- Reps. G. R. Smith, Allen, Ballentine, Bannister, Dantzler, Haley, Hamilton, Hardwick, Haskins, Hinson, Leach, Loftis, Merrill, F. N. Smith, J. R. Smith, Umphlett and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-200 SO AS TO PROVIDE A UNIFORM METHOD OF FILLING VACANCIES IN AN ELECTED OR APPOINTED OFFICE WHEN A PERSON MOVES HIS RESIDENCE OUTSIDE OF THE AREA FROM WHICH HE WAS ELECTED OR APPOINTED.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\3669DW06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Article 1, Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-200.   (A)   The purpose of this section is to provide a uniform method of filling a vacancy when a person moves his residence outside of the area from which he was elected or appointed.

(B)   If a person who has been elected or appointed to an office moves his residence outside of the area from which he was elected or appointed, the member shall notify the presiding officer within fifteen days of the date of his residence changes as described in this section.

(C)   If a member notifies the presiding officer that he has changed his residence to a place outside of the area from which he was elected or appointed, the presiding officer shall take action as specified in subsection (E)(1) or (2), as appropriate.

(D)(1)   If the governing body, commission, board, or other body to which the person has been elected or appointed receives information that a member has moved his residence outside of the area from which he was elected or appointed and the information is obtained from a source other than the member, it shall vote in open session to determine whether the information supports removing the member from office on the basis that the member has moved from the area from which he was elected or appointed. If the vote is affirmative, the member must be afforded a public hearing unless he waives the hearing in writing.

(2)   Notice of a public hearing scheduled pursuant to subsection (D)(1) must be served on the member by certified mail, return receipt requested.

(3)   At the conclusion of the public hearing scheduled pursuant to subsection (D)(1), the governing body, commission, board, or other body to which the person has been elected shall vote in open session whether the member should be removed from office on the basis that the member has moved from the area from which he was elected or appointed.

(a)   If the vote is affirmative, the office is declared vacant and the presiding officer shall take action as specified in subsection (E)(1) or (2), as appropriate.

(b)   If the vote is negative, the member continues in office.

(E)   If a position is determined to be vacant pursuant to subsections (B) through (D), the position must be filled as follows:

(1)   if the office originally was filled by appointment, the presiding officer shall notify the appointing officer or entity of the vacancy. Within ninety days after receiving notice, the officer or entity shall fill the vacancy by appointment for the remainder of the unexpired term; or

(2)   if the office originally was filled by election, the presiding officer shall notify the county election commission that the office is vacant. Upon receiving notice, the county election commission shall schedule a special election in accordance with the provisions of Section 7-13-190 to fill the office for the remainder of the unexpired term.

(F)   Notwithstanding another provision of law, the provisions of this section apply to all elected and appointed offices."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

H. 4509--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4509 (Word version) -- Reps. Kennedy, Harrison, Hosey, Scott, Moody-Lawrence, Clyburn, Hodges, Jefferson, Miller and Rivers: A BILL TO AMEND SECTION 20-7-945, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OF A LICENSE OF A PERSON WHO IS OUT OF COMPLIANCE WITH AN ORDER FOR CHILD SUPPORT, SO AS TO PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE HAS BEEN REVOKED PURSUANT TO THIS SECTION MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6775CM06), which was adopted:
Amend the bill, as and if amended, Section 20-7-945(M)(1) and (2), as contained in SECTION 1, page 1 by deleting lines 26 through 41 and inserting:
/ (M)(1)(a)   If a person is employed or enrolled in a college or university at any time while his driver's license is revoked pursuant to this section, he may apply for a special restricted driver's license that permits him to drive only to and from the following places while his driver's license is revoked:

( i)   to and from work or his place of education and in the course of his employment or education;

( ii)   to and from a place of worship;

(iii)   to and from a court proceeding or his attorney's office; or

(iv)   to and from any place authorized as part of a court ordered visitation.

(b)   The Department of Motor Vehicles may issue the special restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university, and lives farther than one mile from his place of employment, place of education, place of worship, courthouse, attorney's office, or place authorized as part of court ordered visitation.

(2)   If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, residence, place of worship, choice of legal counsel, or place authorized as part of court ordered visitation must be reported immediately to the department by the licensee. /
Amend further Section 20-7-945 as contained in SECTION 1 by adding after the period on line 11 on page 2:
/     (5)   The special restricted driver's license issued pursuant to this subsection is available only as long as the person timely makes all required monthly child support payments that become due after the special restricted driver's license is issued. If the person fails to timely make each monthly child support payment after the special restricted driver's license is issued, the Department of Motor Vehicles must revoke the license upon written notification by the Department of Social Services that the person is not complying with this provision. /
When amended Section 20-7-945(M), as contained in SECTION 1 shall read:
/ (M)(1)(a)   If a person is employed or enrolled in a college or university at any time while his driver's license is revoked pursuant to this section, he may apply for a special restricted driver's license that permits him to drive only to and from the following places while his driver's license is revoked:

( i)   to and from work or his place of education and in the course of his employment or education;

( ii)   to and from a place of worship;

(iii)   to and from a court proceeding or his attorney's office; or

(iv)   to and from any place authorized as part of a court ordered visitation.

(b)   The Department of Motor Vehicles may issue the special restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university, and lives farther than one mile from his place of employment, place of education, place of worship, courthouse, attorney's office, or place authorized as part of court ordered visitation.

(2)   If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, residence, place of worship, choice of legal counsel, or place authorized as part of court ordered visitation must be reported immediately to the department by the licensee.

(3)   The fee for each special restricted driver's license is one hundred dollars. However, an additional fee is not required because of changes in the place and hours of employment, education, or residence. Of this fee twenty dollars must be distributed to the general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles.

(4)   The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.

(5)   The special restricted driver's license issued pursuant to this subsection is available only as long as the person timely makes all required monthly child support payments that become due after the special restricted driver's license is issued. If the person fails to timely make each monthly child support payment after the special restricted license is issued, the Department of Motor Vehicles must revoke the license upon written notification by the Department of Social Services that the person is not complying with this provision."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

ORDERED TO THIRD READING

The following Joint Resolution was taken up, read the second time, and ordered to a third reading:

H. 4881 (Word version) -- Reps. Cobb-Hunter, Mitchell, Clyburn, Hosey, Hodges, Govan, Howard, J. H. Neal, J. Hines, Funderburk, Haley, Mack, Branham, Breeland, J. Brown, R. Brown, Hardwick, M. Hines, Hinson, Jefferson, McCraw, McGee, Ott, Rivers, Scott, F. N. Smith, Vaughn, Weeks, Whipper and Young: A JOINT RESOLUTION TO CREATE THE CHRONIC KIDNEY DISEASE TASK FORCE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING DEVELOPING A PLAN TO EDUCATE THE PUBLIC AND HEALTH CARE PROFESSIONALS ABOUT EARLY SCREENING, DIAGNOSIS, AND TREATMENT AND PROVIDING RECOMMENDATIONS FOR IMPLEMENTATION OF SUCH A PLAN; AND TO REQUIRE THE TASK FORCE TO SUBMIT ITS REPORT AND RECOMMENDATIONS BEFORE THE 2007 LEGISLATIVE SESSION, AT WHICH TIME THE TASK FORCE IS ABOLISHED.

Rep. COBB-HUNTER explained the Joint Resolution.

S. 1264--RECALLED FROM THE SUMTER DELEGATION

On motion of Rep. G. M. SMITH, with unanimous consent, the following Bill was ordered recalled from the Sumter Delegation:

S. 1264 (Word version) -- Senator Leventis: A BILL TO AMEND ACT 470 OF 1971, AS AMENDED, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY AND THE BOARD OF TRUSTEES OF THE CAREER CENTER BOARD, SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 2006, THE BOARD OF TRUSTEES OF THE CAREER CENTER SHALL BECOME AN ADVISORY BOARD TO THE BOARDS OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 AND THE DUTIES, POWERS, AND FUNCTIONS OF THE BOARD OF TRUSTEES OF THE CAREER CENTER ARE DEVOLVED JOINTLY UPON THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 ON JULY 1, 2006, AND TO PROVIDE THAT BEGINNING JULY 1, 2006, THE SUPERINTENDENTS OF SUMTER SCHOOL DISTRICTS 2 AND 17 SHALL TOGETHER EMPLOY A DIRECTOR OF THE CENTER WHO SHALL SERVE AS SUPERVISOR AND FISCAL AGENT OF THE SCHOOL UNDER THE DIRECTION OF THE SUPERINTENDENTS.

H. 4764--SENATE AMENDMENTS CONCURRED IN

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

H. 4764 (Word version) -- Reps. Phillips and Harrell: A CONCURRENT RESOLUTION TO FIX TUESDAY, APRIL 4, 2006, AT 12:30 P.M., AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, CLEMSON UNIVERSITY, COLLEGE OF CHARLESTON, COASTAL CAROLINA UNIVERSITY, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2006, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.

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

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

H. 4810--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 4810--GENERAL APPROPRIATION BILL

MOTION ADOPTED

Rep. COOPER moved that H. 4810, the General Appropriation Bill, be considered section-by-section on second reading, beginning with Part 1A, which was agreed to.

MOTION ADOPTED

Rep. COOPER moved that while debating H. 4810, the General Appropriation Bill, that he be allowed to note a motion daily to reconsider each section adopted, which was agreed to.

PART IA

SECTION 1--AMENDED AND DEBATE ADJOURNED

Rep. COOPER proposed the following Amendment No. 7 (Doc Name h:\legwork\house\amend\h-wm\007\instructional materials to eia.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 4, line 5, opposite /Instructional Materials/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3       Column 4

11,000,000       11,000,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 3, opposite /Instructional Materials/ by Increasing the amount(s) in Columns 3 and 4 by:

Column 3       Column 4

11,000,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 21, opposite /Teacher Specialists/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3       Column 4

11,000,000
Renumber sections to conform.
Amend totals and titles to conform.

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

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

SECTION 1AA

Section 1AA was adopted.

SECTION 2

Section 2 was adopted.

SECTION 4

Section 4 was adopted.

SECTION 5B

Section 5B was adopted.

SECTION 5C

Section 5C was adopted.

SECTION 5D

Section 5D was adopted.

SECTION 5E

Section 5E was adopted.

SECTION 5F

Section 5F was adopted.

SECTION 5G

Section 5G was adopted.

SECTION 5H

Section 5H was adopted.

SECTION 5KB

Section 5KB was adopted.

SECTION 5KD

Section 5KD was adopted.

SECTION 5KE

Section 5KE was adopted.

SECTION 5KG

Section 5KG was adopted.

SECTION 5KH

Section 5KH was adopted.

SECTION 5L

Section 5L was adopted.

SECTION 5MA

Section 5MA was adopted.

SECTION 5MB

Section 5MB was adopted.

SECTION 7

Section 7 was adopted.

SECTION 12

Section 12 was adopted.

SECTION 13--AMENDED AND ADOPTED

Rep. EDGE proposed the following Amendment No. 45 (Doc Name h:\legwork\house\amend\h-wm\008\dss fte.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 122, immediately after line 7, by inserting a new line to read:

Column 3       Column 4
New Positions
Program Coordinators

(5.00)           (2.67)
Amend the bill further, as and if amended, page 123, immediately after line 30, by inserting a new line to read:

Column 3       Column 4
New Positions
Human Services Specialist

(20.00)           (11.94)
Amend the bill further, as and if amended, page 125, immediately after line 16, by inserting a new line to read:

Column 3       Column 4
New Positions
Human Services Specialist

(100.00)         (92.27)
Amend the bill further, as and if amended, page 126, immediately after line 15, by inserting a new line to read:

Column 3       Column 4
New Positions
Human Services Specialist

(181.00)         (63.54)
Amend the bill further, as and if amended, page 127, immediately after line 12, by inserting a new line to read:

Column 3       Column 4
New Positions
Human Services Specialist

(44.00)           (18.04)
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 13, as amended, was adopted.

SECTION 14

Section 14 was adopted.

SECTION 18

Section 18 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 24

Section 24 was adopted.

SECTION 28

Section 28 was adopted.

SECTION 29

Section 29 was adopted.

SECTION 30

Section 30 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 35

Section 35 was adopted.

SECTION 36

Section 36 was adopted.

SECTION 36A

Section 36A was adopted.

SECTION 37

Section 37 was adopted.

SECTION 39--AMENDED AND DEBATE ADJOURNED

Rep. YOUNG proposed the following Amendment No. 28 (Doc Name h:\legwork\house\amend\h-wm\006\target case mgt.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 226, immediately after line 11, by inserting a new line to read:

Column 3   Column 4
Special Item:
Targeted Case Management
$1,700,000 $1,700,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. YOUNG explained the amendment.

The amendment was then adopted by a division vote of 64 to 11.

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

Rep. OTT moved that the House recede until 2:00 p.m., which was agreed to.

Further proceedings were interrupted by the House receding, the pending question being consideration of Part IA, Section 40.

THE HOUSE RESUMES

At 2:00 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER KIRSH IN CHAIR

POINT OF QUORUM

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

SPEAKER IN CHAIR

LEAVE OF ABSENCE

The SPEAKER granted Rep. DAVENPORT a leave of absence for the remainder of the day due to giving a speech for Citizens for Effective Government in Spartanburg.

H. 4810--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Part IA, Section 40.

H. 4810--THE GENERAL APPROPRIATION BILL

SECTION 40

Section 40 was adopted.

SECTION 41

Section 41 was adopted.

SECTION 42

Section 42 was adopted.

SECTION 42A

Section 42A was adopted.

SECTION 43

Section 43 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 46

Section 46 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 51

Section 51 was adopted.

SECTION 53A

Section 53A was adopted.

SECTION 53B

Section 53B was adopted.

SECTION 54A

Section 54A was adopted.

SECTION 54B

Section 54B was adopted.

SECTION 54C

Section 54C was adopted.

SECTION 54D

Section 54D was adopted.

SECTION 54E

Section 54E was adopted.

SECTION 54H

Section 54H was adopted.

SECTION 55

Section 55 was adopted.

SECTION 56B

Section 56B was adopted.

SECTION 56D

Section 56D was adopted.

SECTION 57

Section 57 was adopted.

SECTION 58

Section 58 was adopted.

SECTION 59

Section 59 was adopted.

SECTION 60

Section 60 was adopted.

SECTION 60A

Section 60A was adopted.

SECTION 61--AMENDED AND ADOPTED

Rep. WHITE proposed the following Amendment No. 8 (Doc Name h:\legwork\house\amend\h-wm\004\61 civ air pat white.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 61, ADJUTANT GENERAL'S OFFICE, page 295, line 14, opposite /Civil Air Patrol/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3       Column 4

30,000           30,000
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 61, as amended, was adopted.

SECTION 62--ADOPTED

Rep. HOSEY proposed the following Amendment No. 79 (Doc Name h:\legwork\house\amend\h-wm\004\62 local elect offices.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 62, ELECTION COMMISSION, page 301, line 3, opposite /Aid Cnty-Election Comm/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

1,200,000   1,200,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HOSEY explained the amendment.
Rep. MCGEE spoke against the amendment.

Rep. MCGEE 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 60 to 26.

Section 62 was adopted.

SECTION 63A

Section 63A was adopted.

SECTION 63B--AMENDED AND ADOPTED

Reps. OTT, J.E. SMITH and COOPER proposed the following Amendment No. 11 (Doc Name h:\legwork\house\amend\h-wm\004\63b natl gd ret sys open.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 63B, B&C BD - EMPLOYEE BENEFITS, page 323, line 11, opposite /Pensions-Ret Natl Guard/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

926,000     926,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. OTT explained the amendment.

Rep. TRIPP moved to table the amendment.

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

Yeas 3; Nays 100

Those who voted in the affirmative are:

M. A. Pitts            Stewart                Tripp

Total--3

Those who voted in the negative are:

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             Bannister
Barfield               Battle                 Bingham
Brady                  Branham                Breeland
G. Brown               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Emory                  Frye
Funderburk             Govan                  Haley
Hardwick               Harrell                Harrison
Harvin                 Haskins                Hayes
M. Hines               Hinson                 Hiott
Hodges                 Hosey                  Huggins
Jefferson              Jennings               Kennedy
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mack                   McCraw                 McGee
McLeod                 Merrill                Miller
Mitchell               Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parks
Perry                  E. H. Pitts            Rhoad
Rice                   Rivers                 Rutherford
Scarborough            Scott                  Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Viers                  Walker
White                  Whitmire               Witherspoon
Young

Total--100

So, the House refused to table the amendment.

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

Section 63B, as amended, was adopted.

SECTION 63C

Section 63C was adopted.

SECTION 64

Section 64 was adopted.

SECTION 65

Section 65 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 68

Section 68 was adopted.

SECTION 69A

Section 69A was adopted.

SECTION 69B--AMENDED AND ADOPTED

Rep. COOPER proposed the following Amendment No. 12 (Doc Name h:\legwork\house\amend\h-wm\004\69b cogs cooper.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 69B, AID TO SUBDIVISIONS - STATE TREASURER, page 332, line 4, opposite /Aid Planning Districts/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

110,000     110,000
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 69B, as amended, was adopted.

SECTION 1--AMENDED AND ADOPTED

Rep. J. R. SMITH proposed the following Amendment No. 30 (Doc Name h:\legwork\house\amend\h-wm\007\gifted and talented fix.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 30, opposite /ALLOC EIA - ADV PLACEMENT/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

5,000,000
Amend the bill further, as and if amended, page 6, line 31, opposite /ALLOC EIA - GIFT/TALENT PROG/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

5,000,000
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 1, as amended, was adopted.

SECTION 3

Section 3 was adopted.

SECTION 5A--AMENDED AND ADOPTED

Rep. SANDIFER proposed the following Amendment No. 38 (Doc Name h:\legwork\house\amend\h-wm\004\5a che fte back ecs.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 5A, COMMISSION ON HIGHER EDUCATION, page 29, line 14, opposite /Unclassified Positions/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

69,628       69,628

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

Rep. SANDIFER explained the amendment.

LEAVE OF ABSENCE

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

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

Rep. HOSEY proposed the following Amendment No. 47 (Doc Name h:\legwork\house\amend\h-wm\005\salkinstche.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5A, COMMISSION ON HIGHER EDUCATION, page 30, immediately after line, by inserting a new line to read:

Column 3   Column 4
Salkehatchie Leadership Business Center

150,000     150,000
Renumber sections to conform.
Amend totals and titles to conform.

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:

Yeas 67; Nays 36

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Ballentine             Bannister              Barfield
Battle                 Bingham                Brady
Cato                   Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Frye                   Haley
Hardwick               Harrell                Harrison
Harvin                 Hinson                 Hiott
Huggins                Kirsh                  Leach
Limehouse              Littlejohn             Lucas
Mahaffey               Martin                 McCraw
McGee                  Merrill                Norman
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scarborough            Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Witherspoon
Young

Total--67

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Branham                Breeland
G. Brown               R. Brown               Clyburn
Coates                 Cobb-Hunter            Emory
Funderburk             Govan                  Haskins
Hayes                  M. Hines               Hodges
Hosey                  Jefferson              Jennings
Mack                   Miller                 Mitchell
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Rhoad                  Rivers                 Rutherford
Scott                  J. E. Smith            Weeks

Total--36

So, the amendment was tabled.

Section 5A, as amended, was adopted.

SECTION 5J

Section 5J was adopted.

SECTION 5KA--ADOPTED

Rep. SANDIFER proposed the following Amendment No. 41 (Doc Name h:\legwork\house\amend\h-wm\004\5ka usc fte back ecs.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KA, Univ of South Carolina, page 54, line 8, opposite /Unclassified Positions/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

95,000       95,000

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

Rep. SANDIFER explained the amendment.
Rep. J. E. SMITH spoke against the amendment.
Rep. SANDIFER spoke in favor of the amendment.

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

Reps. OTT and COOPER proposed the following Amendment No. 78 (Doc Name h:\legwork\house\amend\h-wm\005\ smallbusiness.doc), which was rejected:
Amend the bill, as and if amended, Part IA, Section 5KA, UNIVERSITY OF SOUTH CAROLINA, page 54, line 24, opposite /Small Business Development Center/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

150,000     150,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. OTT explained the amendment.
Rep. NORMAN spoke against the amendment.

Rep. NORMAN moved to table the amendment.

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

Yeas 41; Nays 60

Those who voted in the affirmative are:

Ballentine             Bingham                Brady
Cato                   Chalk                  Chellis
Clark                  Coates                 Dantzler
Delleney               Duncan                 Edge
Frye                   Haley                  Hamilton
Hardwick               Harrison               Hiott
Huggins                Kirsh                  Leach
Littlejohn             Merrill                Norman
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Simrill                G. M. Smith
G. R. Smith            W. D. Smith            Stewart
Talley                 Thompson               Toole
Umphlett               Witherspoon

Total--41

Those who voted in the negative are:

Agnew                  Altman                 Anderson
Anthony                Bailey                 Bannister
Barfield               Branham                Breeland
G. Brown               R. Brown               Clemmons
Clyburn                Cobb-Hunter            Cooper
Emory                  Funderburk             Govan
Harrell                Harvin                 Hayes
M. Hines               Hinson                 Hodges
Hosey                  Howard                 Jefferson
Jennings               Limehouse              Loftis
Lucas                  Mack                   Mahaffey
Martin                 McGee                  McLeod
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Rhoad                  Rivers                 Rutherford
Scott                  Skelton                D. C. Smith
J. E. Smith            J. R. Smith            Taylor
Townsend               Vaughn                 Weeks
White                  Whitmire               Young

Total--60

So, the House refused to table the amendment.

Rep. LITTLEJOHN spoke against the amendment.
Rep. DUNCAN spoke against the amendment.
Rep. COOPER spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 40; Nays 59

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Bales                  Barfield               Branham
Breeland               G. Brown               R. Brown
Clyburn                Cobb-Hunter            Cooper
Funderburk             Govan                  Hayes
Hodges                 Hosey                  Jefferson
Jennings               Lucas                  Mack
Mahaffey               Martin                 McCraw
McLeod                 Moody-Lawrence         J. H. Neal
Neilson                Ott                    Parks
Perry                  Rhoad                  Rutherford
Scott                  Skelton                J. E. Smith
Taylor                 Townsend               Whipper
White

Total--40

Those who voted in the negative are:

Altman                 Bailey                 Ballentine
Bannister              Bingham                Brady
Cato                   Chalk                  Chellis
Clark                  Clemmons               Coates
Dantzler               Delleney               Duncan
Edge                   Frye                   Haley
Hamilton               Hardwick               Harrell
Harrison               M. Hines               Hinson
Hiott                  Huggins                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 McGee                  Merrill
Mitchell               Norman                 Owens
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Rivers                 Sandifer
Scarborough            Simrill                G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Thompson
Toole                  Umphlett               Vaughn
Walker                 Weeks                  Whitmire
Witherspoon            Young

Total--59

So, the amendment was rejected.

RECORD FOR VOTING

I voted not to table this Amendment, in order to hear more debate, but in the final vote, I opposed the request for the following reasons:
The Center currently receives approximately 2 million dollars.
The request was not made during the committee process.
At present, collaboration of market research coupled with the business plan is lacking.

However, I do support funding for similar assistance for small business when coupled with market research and a commitment from the applying business entity. This would greatly increase the likelihood for the success of the business as well as the economic benefit to the community.

Rep. Dwight Loftis

Section 5KA was adopted.

SECTION 5KC

Section 5KC was adopted.

SECTION 5KF

Section 5KF was adopted.

SECTION 5N

Section 5N was adopted.

SECTION 6

Section 6 was adopted.

SECTION 8--AMENDED AND ADOPTED

Rep. SANDIFER proposed the following Amendment No. 39 (Doc Name h:\legwork\house\amend\h-wm\004\8 dhhs fte back in ecs.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 91, line 5, opposite /Classified Positions/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

110,720     110,720

(2.00)       (2.00)
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 8, as amended, was adopted.

SECTION 9--ADOPTED

Rep. E. H. PITTS proposed the following Amendment No. 92 (Doc Name h:\legwork\house\amend\h-wm\009\birth defects $608,161.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 101, lines 37-38, opposite /"STAT.& RES. ANALYST III"/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

241,596     241,596

(6.00)       (6.00)
Amend the bill further, as and if amended, page 101, lines 39-40, opposite /"PROGRAM COORDINATOR II"/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

53,897       53,897

(1.00)       (1.00)
Amend the bill further, as and if amended, page 102, lines 1-2, opposite /"RES. & PLANNING ADMIN."/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

48,998       48,998

(1.00)       (1.00)
Amend the bill further, as and if amended, page 102, lines 3-4, opposite /"ADMIN. SPECIALIST II"/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

25,394       25,394

(1.00)       (1.00)
Amend the bill further, as and if amended, page 102, line 8, by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

134,708     134,708
Amend the bill further, as and if amended, page 105, line 13, by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

103,568     103,568
Renumber sections to conform.
Amend totals and titles to conform.

Rep. E. H. PITTS explained the amendment.
Rep. EDGE spoke against the amendment.

Rep. EDGE moved to table the amendment.

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

Yeas 82; Nays 17

Those who voted in the affirmative are:

Agnew                  Altman                 Anderson
Anthony                Bailey                 Bales
Ballentine             Bannister              Barfield
Brady                  Branham                Breeland
Cato                   Chalk                  Chellis
Clark                  Clemmons               Clyburn
Cobb-Hunter            Cooper                 Dantzler
Edge                   Emory                  Funderburk
Govan                  Haley                  Hardwick
Harrell                Harrison               Harvin
Hayes                  Herbkersman            M. Hines
Hinson                 Hiott                  Hodges
Hosey                  Howard                 Jefferson
Jennings               Leach                  Limehouse
Lucas                  Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Mitchell
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Perry                  Pinson                 M. A. Pitts
Rhoad                  Rice                   Rivers
Rutherford             Sandifer               Scarborough
Scott                  Skelton                D. C. Smith
J. E. Smith            J. R. Smith            Taylor
Thompson               Townsend               Umphlett
Vaughn                 Weeks                  Whipper
White                  Whitmire               Witherspoon
Young

Total--82

Those who voted in the negative are:

Bingham                Delleney               Duncan
Frye                   Hamilton               Huggins
Kirsh                  Littlejohn             Norman
Owens                  E. H. Pitts            Simrill
G. M. Smith            G. R. Smith            Stewart
Talley                 Toole

Total--17

So, the amendment was tabled.

Rep. RICE proposed the following Amendment No. 64 (Doc Name h:\legwork\house\amend\h-wm\008\dhecsmokingcessation.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 100, immediately after line 11, by inserting a new line to read:

Column 3   Column 4
Smoking Cessation Program

2,000,000   2,000,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RICE explained the amendment.
Rep. EDGE spoke against the amendment.

Rep. EDGE moved to table the amendment, which was agreed to by a division vote of 45 to 17.

Section 9 was adopted.

SECTION 10--ADOPTED

Rep. J. E. SMITH proposed the following Amendment No. 14 (Doc Name h:\legwork\house\amend\h-wm\009\mircy funding.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 10, DEPARTMENT OF MENTAL HEALTH, page 107, line to be added after line 15, opposite /SPECIAL ITEMS: MENTAL ILLNESS RECOVERY CENTER, INC./ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

$100,000     $100,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

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

Section 10 was adopted.

SECTION 11

Section 11 was adopted.

SECTION 15--ADOPTED

Rep. GOVAN proposed the following Amendment No. 104 (Doc Name h:\legwork\house\amend\h-wm\005\govanhist.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 15, DEPARTMENT OF ARCHIVES AND HISTORY, page 137, immediately after line 17, by inserting a new line to read:

Column 3   Column 4
Historical Preservation Project

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

Rep. GOVAN explained the amendment.

Rep. LIMEHOUSE moved to table the amendment.
Rep. GOVAN demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 45 to 16.

Section 15 was adopted.

SECTION 17--ADOPTED

Rep. E. H. PITTS proposed the following Amendment No. 91 (Doc Name h:\legwork\house\amend\h-wm\009\rural lib $100k.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 17, STATE LIBRARY, page 139, line 17, opposite /AID CNTY-LIBRARIES/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

100,000     100,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. E. H. PITTS explained the amendment.

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

Section 17 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 23A

Section 23A was adopted.

SECTION 25

Section 25 was adopted.

SECTION 26--ADOPTED

Rep. G. M. SMITH proposed the following Amendment No. 117 (Doc Name h:\legwork\house\amend\council\ms\7267mm06.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 174, line 12, opposite /Pelion Peanut Festival/ by decreasing the amount(s) in Columns 3 and 4 by:

/Column 3   Column 4

5,000       5,000 /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. G. M. SMITH explained the amendment.
Rep. G. M. SMITH spoke in favor of the amendment.
Rep. HINSON spoke against the amendment.
Rep. PERRY spoke against the amendment.
Rep. TOOLE spoke against the amendment.

Rep. HINSON moved to table the amendment.

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

Yeas 54; Nays 41

Those who voted in the affirmative are:

Anthony                Bailey                 Bales
Bannister              Barfield               Breeland
Chellis                Clark                  Clemmons
Cobb-Hunter            Cooper                 Dantzler
Govan                  Hamilton               Harrell
Hayes                  M. Hines               Hinson
Hodges                 Hosey                  Howard
Jefferson              Jennings               Leach
Limehouse              Littlejohn             Loftis
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Miller                 Mitchell               J. H. Neal
Ott                    Parks                  Perry
Pinson                 Rhoad                  Rivers
Rutherford             J. E. Smith            J. R. Smith
Toole                  Townsend               Umphlett
Vaughn                 Whipper                White
Whitmire               Witherspoon            Young

Total--54

Those who voted in the negative are:

Agnew                  Anderson               Ballentine
Bingham                Brady                  Branham
G. Brown               R. Brown               Cato
Coates                 Cotty                  Delleney
Duncan                 Edge                   Frye
Funderburk             Haley                  Hardwick
Harvin                 Hiott                  Huggins
Kirsh                  Lucas                  Neilson
Norman                 Owens                  E. H. Pitts
M. A. Pitts            Rice                   Scarborough
Scott                  Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
Talley                 Taylor                 Thompson
Walker                 Weeks

Total--41

So, the amendment was tabled.

Rep. G. M. SMITH proposed the following Amendment No. 107 (Doc Name h:\legwork\house\amend\council\ms\7266mm06.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 174, line 13, opposite /Pendleton Agricultural Museum/ by decreasing the amount(s) in Columns 3 and 4 by:

/ Column 3   Column 4

4,133       4,133 /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. G. M. SMITH explained the amendment.

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

Rep. G. M. SMITH proposed the following Amendment No. 108 (Doc Name h:\legwork\house\amend\council\dka\3679mm06.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 174, line 10, opposite /Greenville Zoo/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

40,507       40,507
Renumber sections to conform.
Amend totals and titles to conform.

Rep. G. M. SMITH explained the amendment.

Rep. HINSON moved to table the amendment.

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

Yeas 54; Nays 40

Those who voted in the affirmative are:

Anthony                Bales                  Bannister
Barfield               Breeland               Chellis
Clark                  Clemmons               Clyburn
Cobb-Hunter            Cooper                 Dantzler
Edge                   Emory                  Funderburk
Govan                  Harrell                Hayes
M. Hines               Hinson                 Hodges
Jennings               Leach                  Limehouse
Littlejohn             Loftis                 Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Miller
Mitchell               J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Perry                  Rivers                 Rutherford
Scott                  J. E. Smith            J. R. Smith
Toole                  Townsend               Umphlett
Vaughn                 Whipper                White
Whitmire               Witherspoon            Young

Total--54

Those who voted in the negative are:

Agnew                  Ballentine             Bingham
Brady                  Branham                G. Brown
Cato                   Chalk                  Coates
Cotty                  Delleney               Duncan
Frye                   Haley                  Hamilton
Hardwick               Harrison               Harvin
Hiott                  Huggins                Kirsh
Lucas                  Merrill                Norman
Owens                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Scarborough
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            Talley
Taylor                 Thompson               Walker
Weeks

Total--40

So, the amendment was tabled.

Rep. G. M. SMITH proposed the following Amendment No. 115 (Doc Name h:\legwork\house\amend\council\ms\7265mm06.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 174, line 2, opposite /Canadian Promotions/ by decreasing the amount(s) in Columns 3 and 4 by:

/ Column 3   Column 4

1,375,000   1,375,000 /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. G. M. SMITH explained the amendment.

Rep. G. M. SMITH moved to table the amendment, which was agreed to.

Section 26 was adopted.

SECTION 27

Section 27 was adopted.

SECTION 29A

Section 29A was adopted.

SECTION 38

Section 38 was adopted.

SECTION 39

Section 39 was adopted.

SECTION 53--AMENDED AND ADOPTED

Rep. R. BROWN proposed the following Amendment No. 37 (Doc Name h:\legwork\house\amend\council\ms\7269mm06.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 53, DEPARTMENT OF TRANSPORTATION, page 257, immediately after line 21, by inserting a new line to read:

Column 3     Column 4
/ Special Item:
State Highway
Maintenance
1,500,000       1,500,00 /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. R. BROWN explained the amendment.
Rep. VAUGHN spoke against the amendment.

Rep. VAUGHN moved to table the amendment.

Rep. R. BROWN demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 37 to 25.

Reps. BALES and HARRISON proposed the following Amendment No. 44 (Doc Name h:\legwork\house\amend\h-wm\011\dot 1m shop road2.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 53, DEPARTMENT OF TRANSPORTATION, page 257, immediately after line 3, by inserting a new line to read:

Column 3   Column 4
Special Item:
Shop Road Farmers
Market Bypass

1,000,000   1,000,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARRISON explained the amendment.
Rep. HARRISON spoke in favor of the amendment.
Rep. E. H. PITTS spoke against the amendment.

Rep. E. H. PITTS moved to table the amendment.

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

Yeas 46; Nays 49

Those who voted in the affirmative are:

Agnew                  Bailey                 Ballentine
Breeland               R. Brown               Chalk
Chellis                Clark                  Coates
Dantzler               Delleney               Duncan
Frye                   Haley                  Hamilton
Harvin                 Hiott                  Huggins
Kirsh                  Limehouse              Littlejohn
Lucas                  Mahaffey               Martin
Merrill                Mitchell               Norman
Owens                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Simrill
Skelton                G. M. Smith            W. D. Smith
Talley                 Taylor                 Thompson
Toole                  Umphlett               Walker
Weeks                  Whipper                Whitmire
Young

Total--46

Those who voted in the negative are:

Anderson               Anthony                Bales
Bannister              Barfield               Brady
Branham                G. Brown               Cato
Clemmons               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Emory
Funderburk             Govan                  Hardwick
Harrell                Harrison               Hayes
Hinson                 Hodges                 Howard
Jefferson              Jennings               Leach
Loftis                 Mack                   McCraw
McLeod                 Miller                 J. H. Neal
J. M. Neal             Ott                    Parks
Perry                  Rhoad                  Rivers
Rutherford             Scott                  D. C. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Townsend               Vaughn                 White
Witherspoon

Total--49

So, the House refused to table the amendment.

Rep. COATES spoke against the amendment.
Rep. WALKER spoke against the amendment.
Rep. HUGGINS spoke against the amendment.
Rep. COOPER spoke in favor of the amendment.
Rep. J. H. NEAL spoke in favor of the amendment.
Rep. VAUGHN spoke in favor of the amendment.

LEAVE OF ABSENCE

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

The question then recurred to the adoption of the amendment.

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

Yeas 59; Nays 31

Those who voted in the affirmative are:

Anderson               Anthony                Bailey
Bales                  Bannister              Barfield
Brady                  Branham                Breeland
G. Brown               Cato                   Chellis
Clemmons               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Delleney
Edge                   Emory                  Funderburk
Govan                  Hamilton               Hardwick
Harrison               Hayes                  Hinson
Hodges                 Jefferson              Jennings
Leach                  Limehouse              Loftis
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod
Miller                 Mitchell               J. H. Neal
Ott                    Parks                  Perry
M. A. Pitts            Rhoad                  Rutherford
Sandifer               D. C. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Vaughn                 Weeks                  Whipper
White                  Witherspoon

Total--59

Those who voted in the negative are:

Agnew                  Ballentine             R. Brown
Chalk                  Clark                  Coates
Dantzler               Duncan                 Frye
Haley                  Harvin                 Hiott
Huggins                Kirsh                  Littlejohn
Mahaffey               Merrill                Norman
Owens                  Pinson                 E. H. Pitts
Rice                   Simrill                Skelton
G. M. Smith            Talley                 Thompson
Toole                  Umphlett               Walker
Whitmire

Total--31

So, the amendment was adopted.

Reps. HINSON and VAUGHN proposed the following Amendment No. 65 (Doc Name h:\legwork\house\amend\h-wm\011\dot icar and port access rd.doc improvements.doc):
Amend the bill, as and if amended, Part IA, Section 53, DEPARTMENT OF TRANSPORTATION, page 257, immediately after line 3, by inserting a new line to read:

Column 3   Column 4
Special Items:
Road and Infrastructure
Improvements-Greenville-ICAR

1,500,000   1,500,000
Port Access Road

3,000,000   3,000,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. VAUGHN explained the amendment.
Rep. MERRILL spoke in favor of the amendment.

Rep. DUNCAN moved to divide the question, which was agreed to by a division vote of 48 to 36.

QUESTION 1-- ADOPTED

Amend the bill, as and if amended, Part IA, Section 53, DEPARTMENT OF TRANSPORTATION, page 257, immediately after line 3, by inserting a new line to read:

Column 3   Column 4
Special Items:
Road and Infrastructure
Improvements-Greenville-ICAR

1,500,000   1,500,000

Rep. VAUGHN explained the question.
Rep. MACK spoke in favor of the question.

The question recurred to the adoption of the question.

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

Yeas 65; Nays 23

Those who voted in the affirmative are:

Agnew                  Anthony                Bailey
Bales                  Bannister              Barfield
Brady                  Branham                Breeland
G. Brown               Cato                   Chellis
Clemmons               Clyburn                Cooper
Cotty                  Delleney               Edge
Emory                  Funderburk             Govan
Haley                  Hamilton               Harrell
Harrison               Hayes                  Hinson
Hodges                 Howard                 Jefferson
Jennings               Leach                  Limehouse
Loftis                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Mitchell               J. H. Neal
J. M. Neal             Ott                    Parks
Perry                  M. A. Pitts            Rhoad
Sandifer               Skelton                D. C. Smith
G. R. Smith            J. R. Smith            Talley
Taylor                 Thompson               Umphlett
Vaughn                 Whipper                White
Whitmire               Young

Total--65

Those who voted in the negative are:

Ballentine             R. Brown               Chalk
Clark                  Coates                 Dantzler
Duncan                 Frye                   Hardwick
Hiott                  Huggins                Kirsh
Littlejohn             Owens                  Pinson
E. H. Pitts            Rice                   Simrill
G. M. Smith            Stewart                Toole
Walker                 Weeks

Total--23

So, the question was adopted.

QUESTION 2--ADOPTED

Amend the bill, as and if amended, Part IA, Section 53, DEPARTMENT OF TRANSPORTATION, page 257, immediately after line 3, by inserting a new line to read:

Column 3   Column 4
Special Items:
Road and Infrastructure
Port Access Road

3,000,000   3,000,000

Rep. SKELTON spoke upon the question.

The question was adopted.

Reps. MILLER and ANDERSON proposed the following Amendment No. 134 (Doc Name h:\legwork\house\amend\h-wm\001\dot 250k port road impr.doc), which was rejected:
Amend the bill, as and if amended, Part IA, Section 53, DEPARTMENT OF TRANSPORTATION, page 257, immediately after line 3, by inserting a new line to read:

Column 3   Column 4
Special Item:
Road Improvements State
Ports Authority-Georgetown

250,000     250,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER explained the amendment.
Rep. VAUGHN spoke against the amendment.
Rep. MILLER spoke in favor of the amendment.

Rep. VAUGHN moved to table the amendment, which was not agreed to.

Rep. COOPER spoke against the amendment.

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:

Yeas 30; Nays 51

Those who voted in the affirmative are:

Anderson               Anthony                Bales
Branham                Breeland               G. Brown
R. Brown               Clemmons               Clyburn
Funderburk             Govan                  Hardwick
Hodges                 Jefferson              Jennings
Limehouse              Loftis                 Mack
Martin                 McGee                  McLeod
Miller                 Ott                    Rhoad
Rivers                 Rutherford             Simrill
J. E. Smith            Whipper                Witherspoon

Total--30

Those who voted in the negative are:

Bailey                 Ballentine             Bannister
Barfield               Brady                  Cato
Chellis                Clark                  Coates
Cooper                 Cotty                  Dantzler
Delleney               Duncan                 Edge
Emory                  Frye                   Haley
Hamilton               Harrell                Hayes
Hinson                 Hiott                  Huggins
Kirsh                  Leach                  Lucas
Mahaffey               Merrill                J. M. Neal
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Skelton                D. C. Smith
G. R. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Weeks
White                  Whitmire               Young

Total--51

So, the amendment was then rejected.

Reps. GOVAN and OTT proposed the following Amendment No. 135 (Doc Name h:\legwork\house\amend\h-wm\011\inland port infrastructure.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 53, DEPARTMENT OF TRANSPORTATION, page 257, immediately after line 3, by inserting a new line to read:

Column 3   Column 4
Special Item:
Inland Port Infrastructure

100,000   100,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. OTT explained the amendment.

Rep. VAUGHN moved to table the amendment.

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

Yeas 56; Nays 32

Those who voted in the affirmative are:

Agnew                  Bailey                 Ballentine
Bannister              Barfield               Brady
Chellis                Clark                  Clemmons
Coates                 Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Frye                   Haley
Hamilton               Harrell                Harrison
Hinson                 Hiott                  Huggins
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               McGee                  Merrill
Owens                  Perry                  Pinson
E. H. Pitts            Rice                   Sandifer
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Vaughn                 Walker                 White
Whitmire               Young

Total--56

Those who voted in the negative are:

Anderson               Anthony                Bales
Breeland               G. Brown               R. Brown
Clyburn                Funderburk             Govan
Hardwick               Hayes                  Hodges
Howard                 Jefferson              Jennings
Mack                   McCraw                 McLeod
Miller                 Mitchell               J. H. Neal
Ott                    Parks                  M. A. Pitts
Rhoad                  Rivers                 Rutherford
Scarborough            J. E. Smith            Weeks
Whipper                Witherspoon

Total--32

So, the amendment was tabled.

Rep. ANDERSON proposed the following Amendment No. 137 (Doc Name h:\legwork\house\amend\h-wm\001\dot 500k hemingw.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 53, DEPARTMENT OF TRANSPORTATION, page 257, immediately after line 3, by inserting a new line to read:

Column 3   Column 4
Special Item:
Local Government
Infrastructure-Hemingway

500,000     500,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ANDERSON explained the amendment.

Rep. VAUGHN moved to table the amendment.

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

Yeas 53; Nays 29

Those who voted in the affirmative are:

Agnew                  Bannister              Barfield
Brady                  Cato                   Chellis
Clark                  Clemmons               Cooper
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Emory
Hamilton               Hinson                 Hiott
Huggins                Kirsh                  Leach
Limehouse              Littlejohn             Lucas
Mahaffey               McCraw                 Merrill
J. M. Neal             Owens                  Perry
Pinson                 E. H. Pitts            Rice
Rutherford             Sandifer               Scarborough
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Vaughn                 Walker                 White
Whitmire               Young

Total--53

Those who voted in the negative are:

Anderson               Anthony                Bales
Branham                Breeland               G. Brown
R. Brown               Clyburn                Coates
Frye                   Funderburk             Govan
Howard                 Jefferson              Jennings
Loftis                 Mack                   McGee
McLeod                 Miller                 Mitchell
J. H. Neal             Ott                    Parks
Rhoad                  J. E. Smith            Weeks
Whipper                Witherspoon

Total--29

So, the amendment was tabled.
Reps. ANDERSON and MILLER proposed the following Amendment No. 136 (Doc Name h:\legwork\house\amend\h-wm\001\dot 500k george.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 53, DEPARTMENT OF TRANSPORTATION, page 257, immediately after line 3, by inserting a new line to read:

Column 3   Column 4
Special Item:
Local Government
Infrastructure-Georgetown

500,000     500,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ANDERSON explained the amendment.

Rep. VAUGHN moved to table the amendment.

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

Yeas 52; Nays 28

Those who voted in the affirmative are:

Bailey                 Bannister              Barfield
Brady                  Cato                   Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Dantzler
Delleney               Duncan                 Edge
Emory                  Frye                   Hamilton
Harrell                Hinson                 Hiott
Huggins                Kirsh                  Leach
Limehouse              Littlejohn             Lucas
Mahaffey               McCraw                 Merrill
J. M. Neal             Owens                  Perry
Pinson                 E. H. Pitts            Rice
Sandifer               Simrill                Skelton
D. C. Smith            G. R. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Vaughn                 White                  Whitmire
Young

Total--52

Those who voted in the negative are:

Agnew                  Anderson               Anthony
Bales                  Branham                Breeland
G. Brown               R. Brown               Clyburn
Funderburk             Govan                  Howard
Jefferson              Jennings               Loftis
Mack                   McGee                  McLeod
Miller                 J. H. Neal             Ott
Parks                  Rhoad                  Rutherford
J. E. Smith            Weeks                  Whipper
Witherspoon

Total--28

So, the amendment was tabled.

Section 53, as amended, was adopted.

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

MOTION NOTED

Rep. COOPER 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, 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, 56B, 56D, 57, 58, 59, 60, 60A, 61, 62, 63A, 63B, 63C, 64, 65, 66, 68, 69A, 69B, were adopted and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being consideration of Part IA, Section 56A.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4871 (Word version) -- Reps. Harrell and Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 3, 2006, AT 12:00 NOON, IMMEDIATELY BEFORE THE FOLK HERITAGE AND ELIZABETH O'NEILL VERNER AWARDS AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, AND MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL, AND OLD EXCHANGE BUILDING COMMISSION TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2006, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

ADJOURNMENT

At 6:38 p.m. the House, in accordance with the motion of Rep. PHILLIPS, adjourned in memory of Ernest Dixon of Blacksburg, to meet at 9:30 a.m. tomorrow.

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