Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 118:24: "This is the day the Lord has made; let us rejoice and be glad in it."
Let us pray. O Lord, we give You thanks for the love and caring You so graciously bestow upon us, especially in time of stress and in time when life holds little joy. We call upon You in times of anguish and fear and You sustain us and hold us up. Continue to be our refuge and strength during this day. Bless our Nation, President, State, Governor and all leaders. Protect our defenders of freedom as they protect us. We pray in the name of our Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. ALLEN moved that when the House adjourns, it adjourn in memory of William Means Bowling of Greenville, father-in-law of Representative Fletcher Smith, which was agreed to.
The House stood in silent prayer in thanksgiving for journalist and former hostage Jill Carroll who was released in Baghdad and for the sole survivor, Randy McCoy, of the Sago Mine explosion.
The House stood in silent prayer for the police officer who was wounded and the family of the perpetrator who was killed in the shootout at the Marlboro County courthouse and for all officers who stand in harms way each day to protect all citizens.
The following was received and referred to the appropriate committee for consideration:
Document No. 3034
Agency: Department of Labor, Licensing and Regulation
Statutory Authority: 1976 Code Sections 41-14-10 through 41-14-150
Boiler Safety Program
Received by Speaker of the House of Representatives
March 30, 2006
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration March 6, 2007
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4910 (Word version) -- Rep. J. H. Neal: A CONCURRENT RESOLUTION URGING THE CONGRESS OF THE UNITED STATES TO ACT SWIFTLY TO ENACT LEGISLATION REAUTHORIZING THE RYAN WHITE CARE ACT ACCORDING TO PRINCIPLES PROPOSED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PROVIDE COMPREHENSIVE CARE FOR THE NEEDIEST VICTIMS OF HIV/AIDS.
Ordered for consideration tomorrow.
Rep. NEILSON, from the Darlington Delegation, submitted a favorable report on:
H. 4912 (Word version) -- Reps. Lucas, Neilson and J. Hines: A BILL TO AMEND ACT 748 OF 1978, AS AMENDED, RELATING TO THE DARLINGTON COUNTY BOARD OF EDUCATION, SO AS TO CHANGE THE CANDIDATE FILING DEADLINE FROM SEPTEMBER FIRST TO AUGUST FIFTEENTH AND CHANGE THE DATE THE FIRST NOTICE MUST BE PUBLISHED.
Ordered for consideration tomorrow.
The following was introduced:
H. 4915 (Word version) -- Rep. Talley: A HOUSE RESOLUTION TO HONOR AND COMMEND WOODLAND HEIGHTS ELEMENTARY SCHOOL OF SPARTANBURG COUNTY FOR BEING RECOGNIZED BY THE STATE OF SOUTH CAROLINA EDUCATION OVERSIGHT COMMITTEE AS A SOUTH CAROLINA PUBLIC SCHOOL COMMITTED TO "CLOSING THE GAP" AMONG STUDENTS OF DIFFERING ECONOMIC, RACIAL, AND ETHNIC GROUPS.
The Resolution was adopted.
The following was introduced:
H. 4916 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, 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 HOUSE RESOLUTION TO RECOGNIZE AND HONOR PASTOR EDDIE W. DAVIS OF RICHLAND COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS TO THE LIVES OF HIS CONGREGANTS AND CHURCH COMMUNITY UPON THE TWENTY-THIRD ANNIVERSARY OF HIS LEADERSHIP OF LITTLE ZION BAPTIST CHURCH.
The Resolution was adopted.
On motion of Rep. PERRY, with unanimous consent, the following was taken up for immediate consideration:
H. 4917 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS THAT THE PARTNERSHIP FOR PRESCRIPTION ASSISTANCE MAKES TO PROVIDE UNINSURED AMERICANS AND SOUTH CAROLINIANS WITH PRESCRIPTION MEDICATIONS THEY ARE UNABLE TO AFFORD, AND TO DECLARE WEDNESDAY, APRIL 5, 2006, AS "PATIENT PRESCRIPTION ASSISTANCE DAY" IN SOUTH CAROLINA IN SUPPORT OF THESE WORTHY EFFORTS.
Whereas, many of our nation's citizens lack health insurance and have trouble affording the prescription medicines and health care services they need; and
Whereas, in South Carolina, more than three hundred fifty thousand people earn less than two hundred percent of the federal poverty level and are uninsured; and
Whereas, the Partnership for Prescription Assistance brings together America's pharmaceutical research companies, doctors, other health care providers, patient advocacy organizations, and community groups to help qualifying patients who lack prescription coverage get the medicines they need through the private or public program that is right for them; and
Whereas, the Partnership for Prescription Assistance has helped more than two million patients nationwide in one year, including thirty-eight thousand South Carolinians; and
Whereas, the residents of South Carolina take great pride in partnering with the Partnership of Prescription Assistance to enable citizens of our State in need of prescription assistance to receive this much needed help; and
Whereas, it is appropriate to designate Wednesday, April 5, 2006, as "Patient Prescription Assistance Day" in our State to emphasize and support these endeavors. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize the contributions that the Partnership for Prescription Assistance makes to provide uninsured Americans and South Carolinians with prescription medications they are unable to afford, and declare Wednesday, April 5, 2006, as "Patient Prescription Assistance Day" in South Carolina in support of these worthy efforts.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4918 (Word version) -- Reps. Jennings, G. M. Smith, Herbkersman and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-915 SO AS TO CREATE THE OFFENSE OF UNLAWFUL RESTRAINT AND TO PROVIDE A PENALTY; BY ADDING SECTION 16-3-916 SO AS TO CREATE THE OFFENSE OF FALSE IMPRISONMENT, TO PROVIDE A PENALTY, AND TO PROVIDE DEFENSES; TO AMEND SECTION 16-3-910, RELATING TO KIDNAPPING, SO AS TO PROVIDE A PERSON IS GUILTY OF KIDNAPPING WHEN COMMITTED FOR SPECIFIC DELINEATED PURPOSES; AND TO AMEND SECTION 16-3-920, RELATING TO CONSPIRACY TO KIDNAP, SO AS TO INCLUDE THE OFFENSES OF UNLAWFUL RESTRAINT AND FALSE IMPRISONMENT.
Referred to Committee on Judiciary
H. 4919 (Word version) -- Reps. Duncan, Haley, Vaughn, Simrill, Bailey, Bannister, Barfield, Cato, Ceips, Hamilton, Haskins, Herbkersman, Hinson, Hosey, Kirsh, Leach, Littlejohn, Loftis, Martin, McGee, Merrill, Phillips, M. A. Pitts and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-170 SO AS TO PROVIDE THAT EACH LOCAL SCHOOL BOARD OF TRUSTEES SHALL DEVELOP AND IMPLEMENT POLICIES TO ENSURE THAT PUBLIC SCHOOL STUDENTS ARE NOT REQUIRED TO CONVEY OR DELIVER ANY MATERIALS THAT ADVOCATE FOR OR AGAINST A CANDIDATE, REFERENDUM, OR ANOTHER MATTER AND PROVIDE THAT A SCHOOL DISTRICT MAY NOT USE DISTRICT COMPUTERS, NETWORKS, WEB SITES, OR EMAIL LISTS TO CONVEY OR DELIVER THOSE MATERIALS; AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL MONITOR THE IMPLEMENTATION OF THIS ACT AND REPORT TO THE GENERAL ASSEMBLY.
Referred to Committee on Education and Public Works
H. 4920 (Word version) -- Reps. Breeland, Whipper, R. Brown, Clyburn, J. Hines, Hodges, Jefferson and Mack: A BILL TO AMEND SECTION 40-19-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERSON WHO PRACTICES FUNERAL SERVICES IN VIOLATION OF THE LAW, SO AS TO CHANGE THE PENALTY FROM A MISDEMEANOR TO A FELONY AND TO INCREASE THE FINE AND TIME OF IMPRISONMENT.
Referred to Committee on Judiciary
H. 4921 (Word version) -- Reps. Limehouse, Leach, Cato, Ceips, Hardwick, Herbkersman, Littlejohn, Scarborough, Simrill, D. C. Smith, G. R. Smith, J. R. Smith, Vaughn and Young: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF RETIRED JUSTICES AND JUDGES QUALIFICATIONS FOR CONTINUED JUDICIAL SERVICE, SO AS TO PROVIDE THAT BEGINNING JANUARY 1, 2007, UPON A RETIRED JUSTICE OR JUDGE BEING REVIEWED BY THE JUDICIAL MERIT SELECTION COMMISSION AND FOUND QUALIFIED TO SERVE, THE HOUSE OF REPRESENTATIVES AND THE SENATE MEETING IN JOINT ASSEMBLY BY MAJORITY VOTE MUST RATIFY THE FINDINGS OF THE JUDICIAL MERIT SELECTION COMMISSION IN ORDER FOR THE RETIRED JUSTICE OR JUDGE TO BE ELIGIBLE FOR APPOINTMENT.
Rep. LIMEHOUSE asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. G. M. SMITH objected.
Referred to Committee on Judiciary
H. 4922 (Word version) -- Rep. J. E. Smith: A BILL TO ABOLISH THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION AND DEVOLVE ITS POWERS, DUTIES, AND FUNCTIONS UPON THE HISTORIC COLUMBIA FOUNDATION; TO PROVIDE THAT REAL PROPERTY HELD BY THE COMMISSION MUST BE TRANSFERRED IN ACCORDANCE WITH THE INSTRUMENT THROUGH WHICH THE PROPERTY WAS CONVEYED TO THE COMMISSION; AND TO PROVIDE THAT THE STATE SHALL CONVEY TO RICHLAND COUNTY ANY PROPERTY THAT REVERTS TO THE STATE; AND TO REPEAL ACT 69 OF 1963, RELATING TO THE ESTABLISHMENT, POWERS, AND DUTIES OF THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION.
On motion of Rep. J. E. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4924 (Word version) -- Reps. Clark, McLeod, J. H. Neal, Moody-Lawrence, Davenport, Phillips, Whipper, Altman, Bales, Bannister, Bingham, Breeland, R. Brown, Cato, Clyburn, Duncan, Harrison, Harvin, J. Hines, Hodges, Hosey, Huggins, Littlejohn, Loftis, Mahaffey, Owens, D. C. Smith, J. R. Smith and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 57 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE UNITED STATES NAVAL ACADEMY SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works
H. 4925 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 20-7-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CENTRAL REGISTRY OF ABUSE AND NEGLECT AND SECTION 20-7-2725, AS AMENDED, RELATING TO CHILDCARE CENTER EMPLOYMENT, SO AS TO PROVIDE THAT IF A PERSON'S EMPLOYMENT OR PROVISION OF CAREGIVER SERVICES AT A CHILDCARE FACILITY IS DEPENDENT UPON A SCREENING AGAINST THE CHILD ABUSE AND NEGLECT REGISTRY, THE PERSON MAY BE PROVISIONALLY EMPLOYED FOR UP TO FIVE DAYS IF THE PERSON AFFIRMS IN WRITING THAT HE OR SHE HAS NOT BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES AND IF THE REGISTRY REVIEW HAS BEEN REQUESTED AND TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO COMPLETE THE REGISTRY REVIEW WITHIN FORTY-EIGHT HOURS OF THE REQUEST FOR REVIEW.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4926 (Word version) -- Rep. Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 6 SO AS TO CREATE THE SOUTH CAROLINA MILL VILLAGE INFRASTRUCTURE BANK TRUST FUND, TO PROVIDE THAT AN ELIGIBLE APPLICANT MAY APPLY FOR A WATER OR SEWER CONSTRUCTION PROJECT, AND TO PROVIDE FOR CRITERIA FOR APPROVING A PROJECT.
Referred to Committee on Ways and Means
S. 66 (Word version) -- Senators Short, Ford, Lourie, Cleary, Malloy and Ryberg: A BILL TO AMEND SECTIONS 44-61-120, AS AMENDED, 44-61-130, AS AMENDED, AND 44-61-330 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO EMERGENCY MEDICAL SERVICES, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCLUDE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE IN A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SERVICES PLAN; TO AUTHORIZE EMERGENCY MEDICAL TECHNICIANS TO POSSESS EPINEPHRINE; AND TO REQUIRE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE TO A CHILD SUFFERING FROM A SEVERE ALLERGIC REACTION.
Rep. MERRILL asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. G. R. SMITH objected.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 217 (Word version) -- Senator Grooms: 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 Medical, Military, Public and Municipal Affairs
S. 572 (Word version) -- Senators Leatherman and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-25 SO AS TO PROVIDE THAT THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE SUPERSEDES ANY OTHER CONFLICTING LAW; BY ADDING SECTION 11-35-3850 SO AS TO REDESIGNATE THE FORMER SECTION 11-35-4020 PROVIDING FOR THE SALE OF UNSERVICEABLE MATERIALS AND EQUIPMENT BY A GOVERNMENTAL BODY; BY ADDING SECTION 11-35-4420 SO AS TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND THE AFFECTED LOCAL GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN MATTERS PENDING BEFORE OR APPEALED FROM THE PROCUREMENT REVIEW PANEL; TO AMEND SECTIONS 11-35-40, 11-35-45, 11-35-210, 11-35-310, 11-35-410, 11-35-450, 11-35-510, 11-35-540, 11-35-710, 11-35-810, 11-35-820, 11-35-830, 11-35-845, 11-35-1030, 11-35-1210, 11-35-1220, 11-35-1230, 11-35-1240, 11-35-1410, 11-35-1510, 11-35-1520, ALL AS AMENDED, SECTIONS 11-35-1525 and 11-35-1528; AND SECTIONS 11-35-1530, 11-35-1550, 11-35-1560, 11-35-1575, 11-35-1825, 11-35-2010, 11-35-2030, 11-35-2210, 11-35-2410, 11-35-2440, 11-35-2710, 11-35-2720, 11-35-3020, 11-35-3030, 11-35-3040, 11-35-3060, 11-35-3220, 11-35-3230, 11-35-3240, 11-35-3245, 11-35-3410, 11-35-3510, 11-35-3820, 11-35-3840, 11-35-4210, 11-35-4220, 11-35-4230, 11-35-4340, 11-35-4410, 11-35-5220, 11-35-5230, 11-35-5240, 11-35-5260, AND 11-35-5270, ALL AS AMENDED, ALL RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE OFFICE OF GENERAL SERVICES OR DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND REPLACE THEM WITH THE TERMS "CHIEF PROCUREMENT OFFICER", "DESIGNATED BOARD OFFICE", OR "DESIGNATED BOARD OFFICER", AND TO PROVIDE FURTHER THAT THE CHIEF EXECUTIVE OFFICER OF THE BUDGET AND CONTROL BOARD DESIGNATE THE APPROPRIATE OFFICE OR SUBDIVISION OF THE BOARD OR OFFICER OR POSITION OF THE BOARD; TO REPLACE REFERENCES OF PROCUREMENT REQUIREMENTS FOR "GOODS AND SERVICES" WITH "SUPPLIES, SERVICES, AND INFORMATION TECHNOLOGY", REFINE AND CONFORM VARIOUS COMPETITIVE BIDDING MODES, TO INCREASE MAXIMUM DOLLAR THRESHOLDS IN SEVERAL INSTANCES, TO REDUCE THE POTENTIAL BIDDERS TO BE RANKED IN CERTAIN CONSTRUCTION CONTRACTS FROM FIVE TO THREE, TO REDUCE THE CONTRACT AMOUNT ALLOWING WAIVER OF A BOND AND SECURITY, AND TO ADJUST SMALL PURCHASE THRESHHOLDS AND AGENCY BASELINE CERTIFICATION; TO PROVIDE THAT A GOVERNMENTAL BODY HAVE A GOAL THAT TEN PERCENT OF ITS TOTAL DOLLAR AMOUNT OF PROCUREMENT FUNDS EXPENDED BE WITH A MINORITY BUSINESS ENTERPRISE AND TO INCREASE THE TAX CREDIT FOR DEALING WITH AN MBE TO FIFTY THOUSAND DOLLARS ANNUALLY OVER TEN YEARS; TO SHORTEN THE PROTEST DEADLINE; AND TO PROVIDE THAT THE CHIEF PROCUREMENT OFFICER AND AN AFFECTED GOVERNMENTAL BODY HAVE THE OPPORTUNITY TO PARTICIPATE FULLY IN A REVIEW OR APPEAL OF AN ADMINISTRATIVE OR LEGAL DECISION MADE PURSUANT TO THE PROCUREMENT CODE; TO AMEND SECTION 12-6-3350, RELATING TO TAX CREDITS FOR STATE CONTRACTORS AND SUBCONTRACTORS WITH MINORITY FIRMS, SO AS TO INCREASE THE CREDIT TO FIFTY THOUSAND DOLLARS ANNUALLY FOR TEN YEARS; AND TO REPEAL SUBARTICLE 11 OF ARTICLE 1, CHAPTER 35, TITLE 11 RELATING TO THE ACCEPTANCE OF GIFTS IN KIND OF ARCHITECTURAL AND ENGINEERING SERVICES BY A GOVERNMENTAL BODY; SECTION 11-35-1270, AS AMENDED, RELATING TO AUTHORITY TO CONTRACT FOR CERTAIN SERVICES, AND SUBARTICLE 5 OF ARTICLE 15, CHAPTER 35, TITLE 11 RELATING TO THE CONTINUATION OF CERTAIN PROVISIONS OF LAW.
Referred to Committee on Ways and Means
S. 1138 (Word version) -- Judiciary Committee: A BILL TO ENACT THE "SEX OFFENDER ACCOUNTABILITY AND PROTECTION OF MINORS ACT OF 2006" BY AMENDING SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER, SO AS TO ADD TO THE LIST OF AGGRAVATING CIRCUMSTANCES THAT THE MURDER WAS COMMITTED BY A PERSON DEEMED A SEXUALLY VIOLENT PREDATOR; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 23-3-460, RELATING TO ANNUAL REGISTRATION FOR LIFE FOR PURPOSES OF THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR REGISTRATION EVERY SIX MONTHS RATHER THAN ANNUALLY; TO AMEND SECTION 23-3-530, RELATING TO THE PROTOCOL MANUAL DEVELOPED BY THE STATE LAW ENFORCEMENT DIVISION FOR THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE CERTAIN NONEXCLUSIVE REQUIREMENTS THAT MUST BE INCLUDED IN THE PROTOCOL MANUAL; TO AMEND SECTION 23-3-540, RELATING TO THE ELECTRONIC MONITORING OF SEX OFFENDERS, SO AS TO ESTABLISH THE PERSONS WHO SHALL OR MAY BE ELECTRONICALLY MONITORED AND TO ESTABLISH THE PROCEDURES FOR MONITORING SUCH PERSONS; AND TO AMEND SECTION 23-3-550, RELATING TO HARBORING OR CONCEALING SEX OFFENDERS, SO AS TO REVISE THE OFFENSE OF ASSISTING OR HARBORING UNREGISTERED SEX OFFENDERS.
Referred to Committee on Judiciary
S. 1263 (Word version) -- Senators Ritchie, Peeler and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-165 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE EXPEDITED REVIEW PROGRAM TO PROVIDE A VOLUNTARY EXPEDITED PROCESS FOR REVIEW OF PERMIT APPLICATIONS; TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THE PROGRAM, INCLUDING EXPEDITED PROCESS APPLICATION FEES; TO CREATE A PILOT PROGRAM TO TEST AND EVALUATE THE ECONOMIC AND ADMINISTRATIVE BENEFITS OF A STATEWIDE REVIEW PROGRAM; AND TO CREATE AN EXPEDITED REVIEW FUND THROUGH THE IMPOSITION OF THE EXPEDITED PROCESS APPLICATION FEES AND TO PROVIDE FOR THE ADMINISTRATION AND USE OF THIS FUND.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The following was introduced:
H. 4923 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MATTHEW SHULER OF ST. GEORGE, A JUNIOR AT PINEWOOD PREP AND SON OF DR. AND MRS. GLENN SHULER, FOR WINNING THE 2006 SOUTH CAROLINA HIGH SCHOOL CHESS CHAMPIONSHIP AT THE SOUTH CAROLINA CHESS ASSOCIATION TOURNAMENT RECENTLY HELD IN HILTON HEAD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1299 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND J. L. MANN HIGH SCHOOL GIRLS BASKETBALL TEAM FOR WINNING THE STATE CLASS AAA CHAMPIONSHIP AND TO WISH THE J. L. MANN GIRLS MUCH CONTINUED SUCCESS IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers 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 Umphlett Vaughn Vick Viers Walker Whipper White Whitmire Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, March 30.
Bill Cotty Denny Neilson Todd Rutherford
The SPEAKER granted Rep. WEEKS a leave of absence due to a death in the family.
The SPEAKER granted Rep. HIOTT a leave of absence for the day due to personal reasons.
The SPEAKER granted Rep. TALLEY a leave of absence for the remainder of the day due to personal reasons.
Announcement was made that Dr. Woodrow W. Long, Jr. of Greenville is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4768 (Word version)
Date: ADD:
03/30/06 J. E. SMITH
Bill Number: H. 4317 (Word version)
Date: ADD:
03/30/06 COTTY
Bill Number: H. 4227 (Word version)
Date: ADD:
03/30/06 COTTY
I was temporarily out of the Chamber during the vote on Amendment No. 166. Had I been in the Chamber, my vote would have been consistent with Amendment No. 167. I would have voted to table any removal of funds from the Conservation Bank.
Rep. Nikki Haley
The following Bill was taken up:
Rep. CEIPS spoke against the Bill.
Rep. HODGES spoke against the Bill.
The question then recurred to the passage of the Bill on third reading.
Rep. SCOTT demanded the yeas and nays, which were not ordered.
The Bill was read the third time and ordered sent to the Senate by a division vote of 74 to 9.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 55 and 64
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JAMES HARRISON
STATEMENT FOR THE JOURNAL
In a few minutes, we will be voting to give this budget third reading. I want to tell you why I will not and cannot vote for this budget.
Today in Beaufort, there are people that struggle to make ends meet while continuing to hold on to their piece of the American dream--their home.
From Saint Helena to Ladys Island and from Beaufort to Port Royal--and all across Beaufort and Charleston Counties, this budget will demand that each one of them pay more taxes to fund education. The alternative this budget presents is that we ask our school districts to cut teachers and staff. I cannot support either option.
These past few days I, and others, have simply asked that Beaufort County and her citizens be treated equitable. I will not, and cannot, relinquish that fight in this Chamber. I am reminded of the sentiment of President John Quincy Adams, "Always vote for principle, though you may vote alone, and you may cherish the sweetest reflection that your vote is never lost."
Rep. CATHERINE CEIPS
The following Joint Resolution was taken up:
H. 4811 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE SURPLUS FISCAL YEAR 2005-2006 GENERAL FUND REVENUE.
Rep. GOVAN proposed the following Amendment No. 3 (Doc Name h:\legwork\house\amend\h-wm\005\parityfunds2.doc), which was tabled:
Amend the joint resolution, as and if amended, page 5, after line 30, by adding an appropriately numbered item to read: South Carolina State University MRR parity $3,585,320.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. GOVAN explained the amendment.
Rep. GOVAN spoke in favor of the amendment.
Rep. GOVAN moved to table the amendment, which was agreed to.
Reps. OTT and COOPER proposed the following Amendment No. 4 (Doc Name h:\legwork\house\amend\h-wm\005\librarycongrant.doc), which was adopted:
Amend the joint resolution, as and if amended, amend the joint resolution, as and if amended, page 5, line 9, opposite item (63) State Library Public Library Construction Grants, by striking: /100,000/ and by inserting:/ 110,000.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. COATES proposed the following Amendment No. 10 (Doc Name h:\legwork\house\amend\council\swb\6807mm06.doc), which was tabled:
Amend the joint resolution, as and if amended, item (43) as contained in SECTION 1, by deleting the item in its entirety.
Amend the joint resolution further, by adding at the end of SECTION 1 the following:
/ The funds deleted in former item (43) must be deposited in the Spending Limit Reserve Fund established in paragraph 73.15, SECTION 73, STATEWIDE REVENUE, PART 1B, H4810. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COATES explained the amendment.
Rep. HARRELL spoke against the amendment.
The SPEAKER granted Rep. STEWART a temporary leave of absence.
Rep. COATES spoke in favor of the amendment.
Rep. COOPER moved to table the amendment.
Rep. COATES demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 70 to 16.
The SPEAKER granted Rep. KENNEDY a leave of absence for the remainder of the day.
Rep. COATES proposed the following Amendment No. 11 (Doc Name h:\legwork\house\amend\council\swb\6808mm06.doc), which was tabled:
Amend the joint resolution, as and if amended, item (44) as contained in SECTION 1, by deleting the item in its entirety.
Amend the joint resolution further, by adding at the end of SECTION 1 the following:
/ The funds deleted in former item (44) must be deposited in the Spending Limit Reserve Fund established in paragraph 73.15, SECTION 73, STATEWIDE REVENUE, PART 1B, H4810. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COATES explained the amendment.
Rep. COOPER moved to table the amendment, which was agreed to.
Rep. COATES proposed the following Amendment No. 12 (Doc Name h:\legwork\house\amend\council\swb\6809mm06.doc), which was tabled:
Amend the joint resolution, as and if amended, item (45) as contained in SECTION 1, by deleting the item in its entirety.
Amend the joint resolution further, by adding at the end of SECTION 1 the following:
/ The funds deleted in former item (45) must be deposited in the Spending Limit Reserve Fund established in paragraph 73.15, SECTION 73, STATEWIDE REVENUE, PART 1B, H4810. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COATES explained the amendment.
Rep. LIMEHOUSE moved to table the amendment, which was agreed to.
Rep. COATES proposed the following Amendment No. 15 (Doc Name h:\legwork\house\amend\council\swb\6811mm06.doc), which was tabled:
Amend the joint resolution, as and if amended, item (48) as contained in SECTION 1, by deleting the item in its entirety.
Amend the joint resolution further, by adding at the end of SECTION 1 the following:
/ The funds deleted in former item (48) must be deposited in the Spending Limit Reserve Fund established in paragraph 73.15, SECTION 73, STATEWIDE REVENUE, PART 1B, H4810. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COATES explained the amendment.
Rep. LIMEHOUSE moved to table the amendment, which was agreed to.
Rep. COATES proposed the following Amendment No. 32 (Doc Name h:\legwork\house\amend\council\dka\3704mm06.doc), which was tabled:
Amend the joint resolution, as and if amended, SECTION 1, by deleting item (15) in its entirety.
Amend further by adding at the end of SECTION 1 the following:
/The funds deleted in former item (15) must be deposited in the Spending Limit Reserve Fund established in paragraph 73.15, SECTION 73, STATEWIDE REVENUE, PART IB, H4810./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COATES explained the amendment.
Rep. COOPER moved to table the amendment, which was agreed to.
Rep. NORMAN proposed the following Amendment No. 45 (Doc Name h:\legwork\house\amend\council\ggs\22523ahb06.doc), which was tabled:
Amend the joint resolution, as and if amended, SECTION 1, by deleting items (24) and (25) in its entirety.
Amend further by adding at the end of SECTION 1 the following:
/The funds deleted in former items (24) and (25) must be deposited in the Spending Limit Reserve Fund established in paragraph 73.15, SECTION 73, STATEWIDE REVENUE, PART IB, H.4810./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. NORMAN explained the amendment.
Rep. VAUGHN spoke against the amendment.
Rep. VAUGHN moved to table the amendment.
Rep. NORMAN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 61 to 15.
Rep. GOVAN proposed the following Amendment No. 46 (Doc Name h:\legwork\house\amend\h-wm\005\govanparity3.doc), which was tabled:
Amend the joint resolution, as and if amended, page 3, line 33, opposite item (35) University of South Carolina Columbia Faculty Support, by striking:/4,000,000/
Amend further, page 5, after line 30, by adding an appropriately numbered item to read: /South Carolina State University MRR parity $3,585,320./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. GOVAN explained the amendment.
Rep. GOVAN spoke in favor of the amendment.
Rep. LIMEHOUSE moved to table the amendment.
Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Ballentine Bannister Barfield Battle Bingham Branham Cato Ceips Chellis Clark Clemmons Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Haley Hamilton Hardwick Harrell Harrison Herbkersman Hinson Huggins Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee McLeod Miller Norman Owens Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Taylor Thompson Toole Townsend Umphlett Vaughn Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Allen Anderson Bales Bowers Breeland G. Brown J. Brown R. Brown Clyburn Coates Govan J. Hines Hodges Hosey Jefferson Jennings Mack Mitchell Moody-Lawrence Neilson Ott Parks Rivers Scott Vick Whipper
So, the amendment was tabled.
Rep. ALTMAN proposed the following Amendment No. 48 (Doc Name h:\legwork\house\amend\h-wm\007\sc high school league.doc), which was adopted:
Amend the joint resolution, as and if amended, on page 4, line 22 by striking /$603,000/ and inserting /$602,999/.
Amend the joint resolution further, as and if amended, on page 2 by adding an appropriately numbered item after line 22 to read / () Department of Education
Student Athletics $1
() From the funds appropriated and any other funds necessary, the South Carolina Department of Education shall insure that no public school participates in the South Carolina High School League if, by imposition of a waiting period, a private school student is prohibited from participating in a sport against a public school if the student is otherwise eligible and the private school is governed by and participates in sports under the auspices of the South Carolina High School League. If any public school should violate this provision, the Department of Education is directed to withhold, from all schools in the league or from that particular school, any funds appropriated or authorized for Student Athletics, as well as any services provided for student athletics, including but not limited to the use of state owned school buses for the transport of said student./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. ALTMAN explained the amendment.
Rep. HAYES raised the Point of Order that Amendment No. 48 was out of order under House Rule 5.3 B in that it was not germane.
SPEAKER HARRELL stated that the amendment was a directive related to the appropriation of funds in the fiscal year referred to in the Joint Resolution. Therefore, he overruled the Point of Order.
Rep. MERRILL spoke in favor of the amendment.
Rep. HAYES spoke against the amendment.
Rep. ANTHONY spoke against the amendment.
Rep. HAYES moved to table the amendment.
Rep. MERRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bales Battle Bowers Branham Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Coleman Emory Govan Harvin Hayes J. Hines Hodges Hosey Howard Jefferson Jennings Kirsh Lucas Mack McCraw McGee McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Ott Owens Parks Perry Phillips Pinson Rhoad Rivers Rutherford Scott Simrill Skelton J. E. Smith Thompson Vick Walker Whipper
Those who voted in the negative are:
Altman Bailey Ballentine Bannister Barfield Bingham Brady Cato Chellis Clark Clemmons Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Huggins Leach Limehouse Littlejohn Loftis Mahaffey Martin Merrill Mitchell Norman E. H. Pitts M. A. Pitts Rice Scarborough D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Toole Umphlett Vaughn White Witherspoon Young
So, the House refused to table the amendment.
Rep. HAYES spoke against the amendment.
Rep. HAYES continued speaking.
Rep. ALTMAN spoke in favor of the amendment.
Rep. ANTHONY spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. HAYES demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Ballentine Bannister Barfield Bingham Bowers Brady Cato Chellis Clemmons Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Govan Haley Hamilton Hardwick Harrell Harrison Herbkersman Hinson Howard Huggins Leach Limehouse Littlejohn Loftis McGee Merrill Mitchell J. H. Neal Norman E. H. Pitts M. A. Pitts Rice Rutherford Sandifer Scarborough Sinclair D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Taylor Thompson Toole Umphlett Vaughn Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Anthony Bales Battle Branham Breeland G. Brown J. Brown R. Brown Clark Clyburn Coleman Emory Funderburk Harvin Hayes J. Hines Hodges Hosey Jefferson Jennings Kirsh Lucas Mack Mahaffey McCraw McLeod Miller Moody-Lawrence J. M. Neal Neilson Ott Owens Parks Phillips Pinson Rhoad Rivers Scott Simrill Skelton J. E. Smith Vick Walker White
So, the amendment was adopted.
Rep. GOVAN proposed the following Amendment No. 49 (Doc Name h:\legwork\house\amend\h-wm\001\govanparity4.doc), which was tabled:
Amend the joint resolution, as and if amended, page 3, line 33, opposite item (35) University of South Carolina Columbia Faculty Support, by striking:/4,000,000/
Amend further, page 5, after line 30, by adding an appropriately numbered item to read: /South Carolina State University MRR parity $3,085,320./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. GOVAN explained the amendment.
Rep. COOPER moved to table the amendment.
Rep. COOPER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Barfield Battle Bingham Brady Branham Cato Chalk Chellis Clark Clemmons Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Haley Hamilton Hardwick Harrell Harrison Herbkersman Hinson Huggins Kirsh Leach Limehouse Littlejohn Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Neilson Norman Owens Perry Phillips E. H. Pitts M. A. Pitts Rice Sandifer Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Taylor Thompson Toole Viers White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Bales Bowers Breeland G. Brown Clyburn Govan J. Hines Hodges Hosey Howard Jefferson Mack Mitchell Moody-Lawrence J. H. Neal Ott Parks Rhoad Rivers Rutherford Scott Vick Whipper
So, the amendment was tabled.
The question then recurred to the passage of the Joint Resolution, as amended, on second reading.
Rep. MERRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bailey Bales Bannister Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown Cato Chellis Clark Clemmons Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Edge Emory Funderburk Govan Haley Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines Hinson Hosey Howard Jefferson Jennings Kirsh Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips M. A. Pitts Rhoad Rivers Rutherford Sandifer Scott Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith Taylor Umphlett Vick Viers Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Ballentine Ceips Chalk Cotty Frye Hamilton Hodges Huggins Loftis Norman E. H. Pitts Rice G. M. Smith G. R. Smith W. D. Smith Thompson Toole Walker
So, the Joint Resolution, as amended, was read the second time and ordered to third reading.
Controlling the growth of government is or should be a goal and responsibility of all elected officials. I believe that we can all agree that growth must be controlled during certain times. It is the "degree" of growth where we may differ.
Back in the 1980's, the people of this State overwhelmingly adopted a Constitutional Amendment directing the General Assembly to enact legislation limiting government growth and spending. The formula adopted by the General Assembly by most accounts is flawed, and now, not legally capable of being calculated.
Nearly 100 Members of the House co-sponsored a spending limitation formula. The House included a spending limits formula in its Property Tax Relief Bill. The problem however, was well identified today. What is considered spending or "growth" is subject to differing opinions and interpretations. It is simply unfair to criticize our leadership and/or those who wish to control the growth of government when clarity is lacking.
It's time for the General Assembly to clearly identify what is to be included in a spending limitation calculation.
I vote against the Supplemental Appropriation Bill simply because I'm convinced that when added to the General Appropriation Bill, we are exceeding a reasonable cap on spending.
Rep. DOUG SMITH
The following Joint Resolution was taken up:
H. 4812 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2005-2006.
Rep. COOPER proposed the following Amendment No. 1 (Doc Name h:\legwork\house\amend\h-wm\007\cooper ec first steps.doc), which was adopted:
Amend the joint resolution, as and if amended, line 17, by striking:
/(37) Department of Commerce
Early Childhood Initiative Private Industry Incentives - Pilot Program 2,000,000/
and Inserting
/(37) Department of Education
First Steps Early Childhood Initiative - Pilot Program - materials, grants and incentives 2,000,000/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Reps. COOPER and LIMEHOUSE proposed the following Amendment No. 2 (Doc Name h:\legwork\house\amend\h-wm\005\coopscstatetitle.doc), which was adopted:
Amend the joint resolution, as and if amended, page 2, line 4, item (11) South Carolina State University by striking:/ Aquatic Center Repair/ and inserting: /deferred Maintenance./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Joint Resolution, as amended, on second reading.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Anthony Bailey Bales Bannister Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Funderburk Govan Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines Hinson Hodges Hosey Howard Huggins Jefferson Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips E. H. Pitts M. A. Pitts Rhoad Rivers Rutherford Sandifer Scott Simrill Sinclair Skelton D. C. Smith G. R. Smith J. E. Smith J. R. Smith Taylor Thompson Umphlett Vaughn Vick Viers Walker Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Ballentine Frye Norman Rice G. M. Smith Toole
So, the Joint Resolution, as amended, having received the necessary two-thirds vote, was read the second time and ordered to third reading.
Rep. COTTY moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 4927 (Word version) -- Reps. McGee and Coates: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF TWIN CHURCH ROAD AND ALLIGATOR ROAD IN FLORENCE COUNTY AS "HICKS CROSSROADS" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "HICKS CROSSROADS".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4928 (Word version) -- Reps. W. D. Smith, Cato, Harrison, Leach, Cobb-Hunter, J. E. Smith and Mitchell: A BILL TO ENACT THE "BEHAVIORAL HEALTH SERVICES ACT OF 2006" BY AMENDING SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENTS IN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO ADD THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES AND TO DELETE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, AND THE DEPARTMENT OF MENTAL HEALTH; TO ADD SECTION 1-30-68 SO AS TO PLACE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, THE DEPARTMENT OF MENTAL HEALTH, AND THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN UNDER THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES; TO AMEND SECTION 1-30-20, RELATING TO AGENCIES PREVIOUSLY TRANSFERRED TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, SO AS TO PROVIDE THAT THE POWER AND DUTIES OF THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES ARE TRANSFERRED TO AND DEVOLVED UPON THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES, DIVISION OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; TO AMEND SECTION 1-30-35, RELATING TO AGENCIES PREVIOUSLY TRANSFERRED TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO PROVIDE THAT THE POWERS AND DUTIES OF THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS ARE TRANSFERRED TO AND DEVOLVED UPON THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES, DIVISION OF DISABILITIES AND SPECIAL NEEDS; TO AMEND SECTION 1-30-70, RELATING TO AGENCIES PREVIOUSLY TRANSFERRED TO THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT THE POWERS AND DUTIES OF THE DEPARTMENT OF MENTAL HEALTH ARE TRANSFERRED TO AND DEVOLVED UPON THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES, DIVISION OF MENTAL HEALTH; TO AMEND SECTION 1-30-110, RELATING TO AGENCIES PREVIOUSLY TRANSFERRED TO THE OFFICE OF THE GOVERNOR, SO AS TO DELETE THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN FROM THE OFFICE OF THE GOVERNOR; TO AMEND SECTION 44-6-30, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO INCLUDE IN THESE DUTIES, ADMINISTRATION OF SERVICES PROVIDED BY THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES; TO ADD SECTIONS 44-6-32 AND 44-6-34 SO AS TO PROVIDE THAT ALL MEDICAID FUNDS MUST BE APPROPRIATED TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, WHICH SHALL REIMBURSE THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES FOR THOSE MEDICAID SERVICES IT PROVIDES AND TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO DEVELOP AND ADMINISTER A CENTRAL CARE MANAGEMENT SYSTEM FOR BEHAVIORAL HEALTH SERVICES; TO ADD CHAPTER 8 TO TITLE 44 SO AS TO CREATE THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES COMPRISED OF THE DIVISION OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, THE DIVISION OF MENTAL HEALTH, THE DIVISION OF DISABILITIES AND SPECIAL NEEDS, AND THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN AND TO PROVIDE FOR THE DEPARTMENT'S POWERS AND DUTIES, INCLUDING DEVELOPING AND IMPLEMENTING A STATE PLAN FOR THE COORDINATED CARE AND UNIFIED DELIVERY OF BEHAVIORAL HEALTH SERVICES AND OVERSEEING THE ADMINISTRATION AND DELIVERY OF BEHAVIORAL HEALTH SERVICES; TO FURTHER PROVIDE THAT THE FINANCING AND THE FINANCING ADMINISTRATION OF THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES IS CENTRALIZED IN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; TO AMEND CHAPTER 9, TITLE 44, RELATING TO THE DEPARTMENT OF MENTAL HEALTH AND ITS GOVERNING BOARD, THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO CONFORM THIS CHAPTER TO THE PROVISIONS OF THIS ACT AND TO PROVIDE THAT THE COMMISSION IS AN ADVISORY BOARD TO THE DIVISION OF MENTAL HEALTH; TO AMEND CHAPTER 20, TITLE 44, RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS AND THE SOUTH CAROLINA COMMISSION ON DISABILITIES AND SPECIAL NEEDS, SO AS TO CONFORM THIS CHAPTER TO THE PROVISIONS OF THIS ACT AND TO PROVIDE THAT THE COMMISSION IS AN ADVISORY BOARD TO THE DIVISION OF DISABILITIES AND SPECIAL NEEDS; TO AMEND CHAPTER 49, TITLE 44, RELATING TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, SO AS TO CONFORM THIS CHAPTER TO THE PROVISIONS OF THIS ACT AND TO CREATE AN ADVISORY BOARD TO THE DIVISION; AND TO AMEND ARTICLE 23, CHAPTER 7, TITLE 20, RELATING TO THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, SO AS TO CONFORM THIS ARTICLE TO THE PROVISIONS OF THIS ACT AND TO CREATE AN ADVISORY BOARD TO THE CONTINUUM; TO AMEND SECTIONS 20-7-5210 AND 20-7-5240, RELATING TO THE CREATION AND ADMINISTRATION OF THE CHILDREN'S CASE RESOLUTION SYSTEM, SO AS TO PLACE THIS SYSTEM UNDER THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN AND TO CONFORM THESE SECTIONS TO THE PROVISIONS OF THIS ACT; TO AMEND SECTIONS 20-7-5710 AND 20-7-5730, RELATING TO THE CREATION AND ADMINISTRATION OF THE INTERAGENCY SYSTEM FOR CARING FOR EMOTIONALLY DISTURBED CHILDREN, SO AS TO PLACE THIS INTERAGENCY SYSTEM UNDER THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN AND TO CONFORM THESE SECTIONS TO THE PROVISIONS OF THIS ACT; AND TO AMEND SECTIONS 44-7-2520, 44-7-2570, AND 44-7-2600, RELATING TO BABYNET SERVICES PROVIDED TO INFANTS AND TODDLERS WITH DISABILITIES AND SPECIAL NEEDS, SO AS TO TRANSFER THIS PROGRAM FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE DIVISION OF DISABILITIES AND SPECIAL NEEDS IN THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES AND TO CONFORM THESE SECTIONS WITH THE PROVISIONS OF THIS ACT.
Referred to Committee on Ways and Means
H. 4929 (Word version) -- Reps. Haley, Ballentine, Bannister, Hodges, Clyburn, Agnew, Bales, Battle, Brady, Breeland, J. Brown, Clemmons, Davenport, Funderburk, J. Hines, Huggins, Jefferson, Mack, Mitchell, Sinclair, Vaughn and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-185 SO AS TO REQUIRE PUBLIC OR PRIVATE INSTITUTIONS OF HIGHER LEARNING TO PROVIDE IMMUNIZATION INFORMATION TO EACH STUDENT UPON ENTRY TO THE INSTITUTION; TO FURTHER PROVIDE FOR THE CONTENT OF THE INFORMATION THAT MUST BE PROVIDED; AND TO PROVIDE THAT THESE INSTITUTIONS ARE NOT REQUIRED TO PROVIDE THE VACCINATIONS; AND TO REPEAL SECTION 59-101-290, RELATING TO REQUIRING PUBLIC INSTITUTIONS OF HIGHER LEARNING TO PROVIDE INCOMING STUDENTS WITH INFORMATION ON MENINGOCOCCAL DISEASE AND HEPATITIS B.
Referred to Committee on Education and Public Works
H. 4930 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 6-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE IMPOSITION OF A FEE OR TAX ON THE TRANSFER OF REAL PROPERTY WITH CERTAIN EXCEPTIONS, SO AS TO AUTHORIZE A MUNICIPALITY TO IMPOSE THE FEE IF ANOTHER MUNICIPALITY LOCATED IN THE SAME COUNTY WAS IMPOSING THE FEE BEFORE JANUARY 1, 1991, TO AUTHORIZE THE REAL ESTATE TRANSFER FEE TO BE IMPOSED IN THE MUNICIPALITY BY REFERENDUM, TO PROVIDE FOR PAYMENT OF THE FEE AND ITS MAXIMUM IMPOSITION, AND TO PROVIDE THE PURPOSE FOR WHICH THE FEE MUST BE USED.
Referred to Committee on Ways and Means
H. 4931 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-9750 SO AS TO REQUIRE THE OFFICE OF SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS TO DEVELOP A TECHNICAL ASSISTANCE AND TRAINING PROGRAM FOR CHILDCARE PROVIDERS TO IMPROVE THE QUALITY OF PRIVATE AND PUBLIC CHILDCARE AND EDUCATIONAL PROGRAMS PROVIDED BY CHILDCARE CENTERS AND TO PROVIDE THAT THE PROGRAM MUST BE SOLELY ADMINISTERED BY THIS OFFICE; TO REQUIRE THE OFFICE TO ALSO SELECT AND APPROVE A VOLUNTARY RATING SYSTEM FOR USE BY CHILDCARE PROVIDERS AND TO PROVIDE THAT THIS RATING SYSTEM MUST BE ADMINISTERED BY AN INDEPENDENT ACCREDITATION ORGANIZATION; AND TO PROVIDE THAT THE OFFICE SHALL DEVELOP RECOMMENDATIONS TO INCREASE THE EFFICIENCY AND EFFECTIVENESS OF OTHER STATE AGENCIES WHOSE DUTIES AND RESPONSIBILITIES IMPACT THE OPERATION OF CHILDCARE CENTERS AND SHALL DEVELOP METHODS OF PROVIDING FINANCIAL INCENTIVES FOR PRIVATE CHILDCARE CENTERS TO IMPROVE THEIR CAPABILITIES.
Referred to Committee on Education and Public Works
H. 4932 (Word version) -- Rep. Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 152 OF TITLE 59 SO AS TO PROVIDE FOR A FULL-DAY, FOUR-YEAR-OLD PREKINDERGARTEN PROGRAM FOR AT-RISK CHILDREN TO BE ADMINISTERED BY FIRST STEPS, TO PROVIDE FOR THE CURRICULUM, TO PROVIDE FOR THE COLLECTION OF DATA REGARDING THE PROGRAM, TO PROVIDE FOR AN EVALUATION FOR THE PROGRAM, AND TO PROVIDE THAT THE FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES SHALL PROMULGATE REGULATIONS; AND TO DESIGNATE SECTIONS 59-152-10 THROUGH 59-152-160 AS ARTICLE 1, FIRST STEPS.
Referred to Committee on Education and Public Works
S. 54 (Word version) -- Senators Rankin, Richardson, Elliott, Fair and Ford: A BILL TO AMEND CHAPTER 5 OF TITLE 59 OF THE 1976 CODE, BY ADDING SECTION 59-5-72, TO ESTABLISH THAT THE START DATE FOR ELEMENTARY AND SECONDARY SCHOOLS OF THIS STATE MUST NOT BE SET EARLIER THAN AUGUST 25TH OF EACH YEAR AND TO PROVIDE THAT THE SCHOOL END DATE MUST NOT BE SET MORE THAN SEVEN DAYS AFTER THE LAST DAY OF THE PALMETTO ACHIEVEMENT CHALLENGE TEST.
Referred to Committee on Education and Public Works
S. 1057 (Word version) -- Senators Hutto, Gregory, Hawkins, Campsen, Cleary, Lourie, Alexander, Martin and Short: A BILL TO AMEND SECTION 15-79-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDIATION AND ARBITRATION BEFORE A MEDICAL MALPRACTICE ACTION IS BROUGHT TO TRIAL, SO AS TO ALLOW PARTIES TO AGREE TO PARTICIPATE IN BINDING ARBITRATION, NON BINDING ARBITRATION, EARLY NEUTRAL EVALUATION, OR OTHER FORMS OF ALTERNATIVE DISPUTE RESOLUTION BEFORE A MEDICAL MALPRACTICE ACTION IS BROUGHT TO TRIAL.
Referred to Committee on Judiciary
S. 1107 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 59-17-130(A) OF THE 1976 CODE, RELATING TO HIGH SCHOOL COURSES IN AMERICAN SIGN LANGUAGE, TO PROVIDE THAT A SCHOOL DISTRICT MAY GIVE CREDIT AS A FOREIGN LANGUAGE TO A PUPIL WHO SATISFACTORILY COMPLETES A HIGH SCHOOL COURSE IN AMERICAN SIGN LANGUAGE.
Referred to Committee on Education and Public Works
S. 1162 (Word version) -- Senators Grooms, Reese and Verdin: A BILL TO AMEND SECTION 23-9-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASS D FIRE EQUIPMENT DEALER LICENSES AND PERMITS, TRAINING REQUIREMENTS, AND LICENSE AND PERMIT FEES, SO AS TO FURTHER SPECIFY REQUIREMENTS TO OBTAIN EQUIPMENT LICENSES AND PERMITS, TO PROVIDE THAT THE DIVISION OF STATE FIRE MARSHAL SHALL ESTABLISH FEES FOR EQUIPMENT LICENSES AND PERMITS IN REGULATION, WHICH MAY BE REVISED EVERY TWO YEARS, AND TO FURTHER PROVIDE THAT THE INITIAL FEES MAY NOT EXCEED THE CURRENT FEES OF ONE HUNDRED DOLLARS FOR LICENSES AND TWENTY-FIVE DOLLARS FOR PERMITS.
Referred to Committee on Labor, Commerce and Industry
Rep. MOODY-LAWRENCE moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
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.
H. 4917 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS THAT THE PARTNERSHIP FOR PRESCRIPTION ASSISTANCE MAKES TO PROVIDE UNINSURED AMERICANS AND SOUTH CAROLINIANS WITH PRESCRIPTION MEDICATIONS THEY ARE UNABLE TO AFFORD, AND TO DECLARE WEDNESDAY, APRIL 5, 2006, AS "PATIENT PRESCRIPTION ASSISTANCE DAY" IN SOUTH CAROLINA IN SUPPORT OF THESE WORTHY EFFORTS.
H. 4923 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MATTHEW SHULER OF ST. GEORGE, A JUNIOR AT PINEWOOD PREP AND SON OF DR. AND MRS. GLENN SHULER, FOR WINNING THE 2006 SOUTH CAROLINA HIGH SCHOOL CHESS CHAMPIONSHIP AT THE SOUTH CAROLINA CHESS ASSOCIATION TOURNAMENT RECENTLY HELD IN HILTON HEAD.
At 1:23 p.m. the House, in accordance with the motion of Rep. ALLEN, adjourned in memory of William Means Bowling of Greenville, father-in-law of Representative Fletcher Smith, to meet at 10:00 a.m. tomorrow.
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