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 18:32: "It is God who arms me with strength and makes my ways perfect."
Let us pray. Gracious Lord, You have sustained these men and women in the work they do so wonderfully. Thank You for taking care of them physically, spiritually, and emotionally during these days of debate and discussions. Make these Representatives bold and determined in making decisions for the good of all. Fill them with strength of valor in doing the work of the people. Bless our Nation, President, State, Governor, Speaker and all who serve in these halls of government. Protect our defenders of freedom at home and abroad as they protect us. 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. SCOTT moved that when the House adjourns, it adjourn in memory of John H. "BoBo" Entzminger of Columbia, which was agreed to.
The following was introduced:
H. 3716 (Word version) -- Reps. Gambrell, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Govan,
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3717 (Word version) -- Rep. Ceips: A HOUSE RESOLUTION TO COMMEND AND THANK THE FAMILY READINESS GROUP OF TROOP B 202 CAVALRY OF THE SOUTH CAROLINA NATIONAL GUARD, AS WELL AS THOSE WORKING WITH THIS GROUP, FOR RAISING THE FUNDS NECESSARY TO BRING HOME BEAUFORT'S SOUTH CAROLINA NATIONAL GUARD TROOPS BEFORE THEY EMBARK ON A YEAR-LONG DEPLOYMENT TO AFGHANISTAN.
The Resolution was adopted.
The following was introduced:
H. 3718 (Word version) -- Reps. Vick, Jennings, Lucas and Neilson: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE CHESTERFIELD HIGH SCHOOL WRESTLING TEAM FOR ITS
The Resolution was adopted.
On motion of Rep. VICK, with unanimous consent, the following was taken up for immediate consideration:
H. 3719 (Word version) -- Reps. Vick, Jennings, Lucas and Neilson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHESTERFIELD HIGH SCHOOL WRESTLING TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2007 CLASS A DUAL STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Chesterfield High School wrestling team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on their outstanding season and for capturing the 2007 Class A Dual State Championship title.
The Resolution was adopted.
The following was introduced:
H. 3720 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell,
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. 3721 (Word version) -- Reps. Howard, Perry, Haskins, Witherspoon, Harrison, Brady, Walker and Merrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-380 SO AS TO PROVIDE THE REQUIREMENTS FOR A PERSON TO PRACTICE SURGICAL TECHNOLOGY AND TO PROVIDE AN EXCEPTION; AND BY ADDING SECTION 44-7-385 SO AS TO PROVIDE THAT AN OPERATING ROOM CIRCULATOR MUST BE A REGISTERED NURSE, AND TO PROVIDE THE CONDITIONS UNDER WHICH A SURGICAL TECHNOLOGIST MAY ASSIST IN PERFORMING OPERATING ROOM CIRCULATION DUTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3723 (Word version) -- Reps. Neilson, Anthony, Bales, Clyburn, Hodges, Hosey, Howard, Jefferson, Mack, Moss and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-155 SO AS TO REQUIRE EACH SCHOOL DISTRICT IN THIS STATE TO DEVELOP AND IMPLEMENT AN EXTERNAL DEFIBRILLATOR PROGRAM FOR EACH HIGH SCHOOL IN THE DISTRICT WHICH REQUIRES THAT SUCH A DEFIBRILLATOR IS PROVIDED ON THE GROUNDS OF EACH HIGH SCHOOL, THAT DISTRICT EMPLOYEES AND VOLUNTEERS REASONABLY EXPECTED TO USE THE DEVICE
H. 3724 (Word version) -- Rep. Coleman: A BILL TO DEVOLVE ALL OF THE POWERS, DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES OF THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY AND THE FAIRFIELD COUNTY RECREATION DISTRICT UPON THE GOVERNING BODY OF FAIRFIELD COUNTY, AND TO PROVIDE A PROCEDURE FOR THE DEVOLUTION OF POWERS, DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES; AND TO REPEAL ACT 1079 OF 1958 RELATING TO THE HISTORICAL COMMISSION FOR FAIRFIELD COUNTY, AND ACT 1059 OF 1970 RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT.
Referred to Fairfield Delegation
H. 3725 (Word version) -- Reps. Barfield, Loftis, Haskins, Alexander, Anderson, Anthony, Bales, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Cooper, Crawford, Dantzler, Davenport, Duncan, Edge, Frye, Gambrell, Gullick, Haley, Hamilton, Hardwick, Harrell, Harvin, Hayes, Herbkersman, Hinson, Hiott, Huggins, Jefferson, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Lowe, Mahaffey, Merrill, Miller, Mitchell, Moss, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Sandifer, Scarborough, Shoopman, Simrill, D. C. Smith, G. R. Smith, J. R. Smith, Spires, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, White, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 19 SO AS TO ENACT THE "RELIABILITY IN EXPERT TESTIMONY STANDARDS ACT" SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH LAY WITNESSES MAY OFFER OPINION TESTIMONY, ESTABLISH PROCEDURES AND STANDARDS FOR THE ADMISSIBILITY OF EXPERT WITNESS'S TESTIMONY, INSTRUCT THE COURTS ON THE INTERPRETATION OF THE CHAPTER, AND PROVIDE A DE NOVO STANDARD OF REVIEW FOR APPELLATE COURTS WHEN DETERMINING
H. 3726 (Word version) -- Reps. Cato, Bannister, G. R. Smith, Bedingfield, Allen, Leach, Rice and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-2025 SO AS TO ALLOW THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT TO VOLUNTARILY DISSOLVE ITSELF AND TRANSFER ITS ASSETS AND LIABILITIES TO A COUNTY IF ACCEPTED BY RESOLUTION OF ITS GOVERNING BODY.
Referred to Committee on Labor, Commerce and Industry
The following was introduced:
H. 3727 (Word version) -- Reps. J. E. Smith and Jennings: A HOUSE RESOLUTION TO EXTEND CONGRATULATIONS TO MR. LEON O'NEIL SMITH, VICE PRESIDENT AND GENERAL MANAGER OF CONSOLIDATED CARGO CARRIERS, INC., UPON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM MANY YEARS OF HEALTH AND HAPPINESS IN THE YEARS TO COME.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Branham Brantley Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Cooper Crawford Dantzler Delleney Duncan Frye Funderburk Gambrell
Gullick Hagood Haley Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Ott Owens Perry Phillips Pinson E. H. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Walker Weeks Whipper White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, March 15.
Paul Agnew William Bowers Glenn Hamilton Creighton Coleman Bill Cotty Gary Simrill Ted Vick H. B. "Chip" Limehouse Tracy Edge G. Murrell Smith Thad Viers Todd Rutherford Jerry Govan Anne Parks Denny Neilson Ralph Davenport
The SPEAKER granted Rep. VICK a temporary leave of absence.
The SPEAKER granted Rep. GOVAN a temporary leave of absence.
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. 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. 3355 (Word version)
Date: ADD:
03/15/07 TOOLE
Bill Number: H. 3101 (Word version)
Date: ADD:
03/15/07 LOFTIS
Bill Number: H. 3257 (Word version)
Date: ADD:
03/15/07 HAGOOD
Bill Number: H. 3355 (Word version)
Date: ADD:
03/15/07 G. M. SMITH
Bill Number: H. 3493 (Word version)
Date: ADD:
03/15/07 MCLEOD
Bill Number: H. 3499 (Word version)
Date: ADD:
03/15/07 MILLER
Bill Number: H. 3499 (Word version)
Date: ADD:
03/15/07 KENNEDY
Bill Number: H. 3161 (Word version)
Date: ADD:
03/15/07 HAGOOD
Bill Number: H. 3161 (Word version)
Date: ADD:
03/15/07 SCARBOROUGH
Bill Number: H. 3161 (Word version)
Date: ADD:
03/15/07 STAVRINAKIS
Bill Number: H. 3567 (Word version)
Date: ADD:
03/15/07 AGNEW
Bill Number: H. 3715 (Word version)
Date: ADD:
03/15/07 DUNCAN
Bill Number: H. 3303 (Word version)
Date: ADD:
03/15/07 BINGHAM
Bill Number: H. 3545 (Word version)
Date: REMOVE:
03/15/07 MAHAFFEY
Debate was resumed on the following Bill, the pending question being the consideration of Section 73, Part IB.
Rep. COOPER proposed the following Amendment No. 307 (Doc Name h:\legwork\house\amend\h-wm\001\dc73.12 - 15.2m.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 550, paragraph 73.12, line 21, by striking /41,338,714;/ and inserting /26,078,714;/
Amend the bill further, as and if amended, page 553, paragraph 73.12, after line 14, by inserting a new subitem under Technical and Comprehensive Education Board:
/( ) Technical Colleges Parity 5,000,000;/
Amend the bill further, as and if amended, page 554, paragraph 73.12, line 2, opposite /Product Development/ by striking /5,000,000;/ and inserting /10,000,000;/
Amend the bill further, as and if amended, page 554, paragraph 73.12, after line 2, by inserting a new subitem under Department of Parks, Recreation and Tourism:
/( ) Mount Pleasant Waterfront Park 500,000;/
Amend the bill further, as and if amended, page 556, paragraph 73.12, after line 18, by inserting new subitems under Department of Transportation:
Project 2,000,000;
( ) Traffic Safety Hazard Mitigation-
St. Paul Church Road 150,000;/
Amend the bill further, as and if amended, page 557, paragraph 73.12, after line 5, by inserting appropriately numbered new items:
/( ) H24-South Carolina State University
Deferred Maintenance 1,500,000;
( ) Aid to Subdivisions-State Treasurer
Aid to Planning Districts 110,000;
( ) South Carolina Rural Infrastructure Authority
Grants & Loan Program 1,000,000;/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. SCOTT proposed the following Amendment No. 259 (Doc Name h:\legwork\house\amend\h-wm\005\scottbigamitems.doc), which was tabled:
Amend the bill further, as and if amended, page 551, paragraph 73.12, line 18, by striking:/(j) Beach Renourishment 5,000,000/
Amend the bill further, as and if amended, page 551, paragraph 73.12, line 20, by striking:/(l) Oconee Hospital/ EMS Center 500,000/
Amend the bill further, as and if amended, page 551, paragraph 73.12, line 25, by striking:/(p) Beach Outfall Pipe Removal 5,000,000/
Amend the bill further, as and if amended, page 551, paragraph 73.12, line 35, by striking:/(d) Camp Spearhead 500,000/
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 553, paragraph 73.12, lines 1-2, by striking:/ (16) H-27 University of South Carolina
LightRail 1,500,000/
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 553, paragraph 73.12, lines 3-4, by striking:/ (17) H-12 Clemson University
LightRail 1,500,000/
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 553, paragraph 73.12, lines 5-6, by striking:/(18) H-54 Medical University of South Carolina
LightRail 1,500,000/
Rep. SCOTT explained the amendment.
Rep. COOPER moved to table the amendment, which was agreed to.
Reps. CLYBURN and RICE proposed the following Amendment No. 174 (Doc Name h:\legwork\house\amend\h-wm\009\$50k wuclc wil rice clyburn.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 552, paragraph 73.12, line 2, by striking /200,000/ and inserting /150,000/
Amend the bill further, as and if amended, page 552, after line 10, by inserting:
/Women In Unity Children's Learning Center/50,000/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. CLYBURN explained the amendment.
The amendment was then adopted.
Rep. SELLERS proposed the following Amendment No. 300 (Doc Name h:\legwork\house\amend\h-wm\008\sellers child support enforcement.doc), which was tabled:
Rep. SELLERS explained the amendment.
Rep. COOPER moved to table the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 222 (Doc Name h:\legwork\house\amend\h-wm\001\js 73.12 cola urban lg 250k.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 552, paragraph 73.12, after line 8, by inserting a new subitem under /Department of Social Services/:
/( ) Columbia Urban League-Youth Enrichment 250,000; /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. SCOTT explained the amendment.
Rep. COOPER moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Cato Ceips Chellis Clemmons Cooper Crawford Dantzler Delleney Duncan Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Herbkersman Hinson Hiott Huggins Kelly Kirsh Leach Limehouse Lucas Merrill
Mulvaney Owens Perry E. H. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett White Whitmire Witherspoon
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Funderburk Hart Hodges Hosey Jefferson Jennings Knight Mack McLeod Mitchell Moss J. H. Neal J. M. Neal Ott Parks Phillips Scott Sellers Whipper Williams
So, the amendment was tabled.
Rep. DAVENPORT proposed the following Amendment No. 223 (Doc Name h:\legwork\house\amend\h-wm\008\73.12 child advocacy.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 552, paragraph 73.12, line 12, by striking: /$300,000/ and inserting: /$50,000/
Amend further, as and if amended, page 552, line 14, before /$200,000/ by striking: /and/
Amend further, as and if amended, page 552, line 15, after /abused children/ by inserting at the end of the sentence: /, and $250,000 to the Spartanburg Children's Shelter
Rep. EDGE explained the amendment.
The amendment was then adopted.
Rep. GOVAN proposed the following Amendment No. 34 (Doc Name h:\legwork\house\amend\h-wm\005\govanciotech.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 553, paragraph 73.12, lines 1-6, by striking the lines in their entirety.
Amend the bill further, as and if amended, page 557, after line 5, by inserting an appropriately numbered item to read:
/()CIO-Technology Funds 4,500,000/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WHITE moved to table the amendment, which was agreed to.
Rep. GOVAN proposed the following Amendment No. 32 (Doc Name h:\legwork\house\amend\h-wm\005\govanscsttch1.5.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 553, paragraph 73.12, line 2, under University of South Carolina and opposite LightRail by striking /1,500,000/ and inserting /1,000,000/
Amend the bill further, as and if amended, page 553, paragraph 73.12, line 4, under Clemson University and opposite LightRail by striking /1,500,000/ and inserting /1,000,000/
Amend the bill further, as and if amended, page 553, paragraph 73.12, line 6, under Medical University of South Carolina and opposite LightRail by striking /1,500,000/ and inserting /1,000,000/
Amend the bill further, as and if amended, page 557, paragraph 73.12, line 5, by inserting an appropriately numbered item to read:
/( ) H24- South Carolina State University
Technology Funds 1,500,000/.
Rep. COBB-HUNTER moved to adjourn debate on the amendment.
Rep. RUTHERFORD moved to table the motion, which was agreed to.
Rep. SIMRILL moved to table the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 76 (Doc Name h:\legwork\house\amend\h-wm\005\scotti-95lr2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 553, paragraph 73.12, line 2, under University of South Carolina and opposite LightRail by striking /1,500,000/ and inserting /500,000/
Amend the bill further, as and if amended, page 553, paragraph 73.12, line 4, under Clemson University and opposite LightRail by striking /1,500,000/ and inserting /500,000/
Amend the bill further, as and if amended, page 553, paragraph 73.12, line 6, under Medical University of South Carolina and opposite LightRail by striking /1,500,000/ and inserting /1,000,000/
Amend the bill further, as and if amended, page 557, paragraph 73.12, line 5, by inserting an appropriately numbered item to read:
/( ) H24- South Carolina State University
I-95 Corridor Project 2,500,000/.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. SCOTT explained the amendment.
Rep. WHITE moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anthony Ballentine Bannister Barfield Battle
Bedingfield Bingham Bowen Brady Cato Ceips Chalk Chellis Clemmons Cooper Cotty Crawford Dantzler Delleney Duncan Edge Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hinson Hiott Huggins Jennings Kelly Kirsh Leach Limehouse Littlejohn Lucas Mahaffey Merrill Moss Mulvaney Owens Perry Phillips E. H. Pitts Rice Rutherford Sandifer Scarborough Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett White Whitmire Witherspoon Young
Those who voted in the negative are:
Alexander Anderson Bales Bowers Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Harvin Hodges Jefferson McLeod Miller J. H. Neal J. M. Neal Parks Scott Weeks Whipper Williams
So, the amendment was tabled.
1,500,000/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. LOFTIS explained the amendment.
Rep. WHITE moved to table the amendment, which was agreed to.
Reps. RICE, COOPER and LOFTIS proposed the following Amendment No. 252 (Doc Name h:\legwork\house\amend\h-wm\008\greenville tech northwest campus - heritage hall.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 553, paragraph 73.12, line 14, by inserting:
/()Greenville Tech Northwest Campus Heritage Hall 400,000/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
Rep. JENNINGS proposed the following Amendment No. 227 (Doc Name h:\legwork\house\amend\h-wm\001\dj 73.12 edelman 200k.doc), which was tabled:
Rep. JENNINGS explained the amendment.
Rep. E. H. PITTS spoke against the amendment.
Rep. WHITE moved to table the amendment.
The amendment was then tabled by a division vote of 51 to 23.
Rep. LOFTIS proposed the following Amendment No. 156 (Doc Name h:\legwork\house\amend\h-wm\001\dl 73.12 prod dev agr 4m.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 554, paragraph 73.12, line 18, by striking /$5,000,000/ and inserting /$1,000,000/
Amend the bill further, as and if amended, page 554, paragraph 73.12, line 22, by inserting at the end:
/ In addition, $4,000,000 of the funds appropriated for Product Development shall be transferred to the Department of Agriculture, which shall be utilized for agri-tourism and economic development. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. LOFTIS explained the amendment.
The amendment was then adopted.
Rep. HOSEY proposed the following Amendment No. 3 (Doc Name h:\legwork\house\amend\h-wm\007\hoseywilistonelkoreno- vation.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 557, paragraph 73.12, line 5, by inserting appropriately numbered new items to read:
/() State Department of Education
Barnwell School District 29 -Williston-Elko Expansion and Renovation 3,000,000;/
Rep. HOSEY explained the amendment.
Rep. WHITE moved to table the amendment.
Rep. HOSEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Cato Ceips Chellis Clemmons Cooper Crawford Dantzler Delleney Duncan Edge Gambrell Gullick Hagood Haley Hardwick Harrell Harrison Haskins Herbkersman Hinson Hiott Huggins Kelly Kirsh Leach Limehouse Loftis Lucas Merrill Moss Mulvaney Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Witherspoon
Those who voted in the negative are:
Alexander Anderson Anthony Bales Bowers Branham G. Brown R. Brown Clyburn
Cobb-Hunter Hart Harvin Hayes Hodges Hosey Howard Jefferson Jennings Littlejohn Mack Mahaffey Miller Mitchell J. H. Neal Ott Parks Phillips Rutherford Scott Sellers Weeks Whipper Williams
So, the amendment was tabled.
Rep. W. D. SMITH moved to reconsider the vote whereby Amendment No. 223 was adopted, which was agreed to.
Rep. W. D. SMITH moved to adjourn debate on the amendment, which was agreed to.
Reps. OTT and HARRISON proposed the following Amendment No. 62 (Doc Name h:\legwork\house\amend\h-wm\007\ott - edventure supplementa.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 557, paragraph 73.12, line 5, by adding an appropriately numbered new item to read:
/( ) State Museum Commission
EdVenture - Math, Science, Engineering
and Hydrogen Fuel Cell Interactive
Learning Classroom $250,000/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRISON explained the amendment.
Rep. WHITE spoke against the amendment.
Rep. WHITE moved to table the amendment, which was agreed to.
Rep. HART explained the amendment.
Rep. YOUNG moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bannister Battle Bedingfield Bingham Bowen Brady Cato Chellis Clemmons Cooper Cotty Dantzler Delleney Duncan Edge Gambrell Hagood Haley Hamilton Hardwick Harrell Harrison Herbkersman Hinson Hiott Kirsh Leach Limehouse Littlejohn Lowe Lucas Merrill Mulvaney Owens Perry E. H. Pitts Rice Sandifer Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Whitmire Witherspoon Young
Agnew Anderson Anthony Bales Ballentine Bowers Branham Brantley Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Gullick Hart Harvin Haskins Hayes Hodges Hosey Howard Huggins Jefferson Kennedy Knight Mack McLeod Miller Moss J. H. Neal J. M. Neal Ott Parks Phillips Rutherford Scott Sellers Spires Stavrinakis Weeks Whipper Williams
So, the amendment was tabled.
Reps. EDGE, COBB-HUNTER and CRAWFORD proposed the following Amendment No. 279 (Doc Name h:\legwork\house\amend\h-wm\008\health disparities diabetes.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 536, paragraph 73.8, line 14, by striking /$10,000,000/and inserting /$10,500,000/
Amend the bill further, as and if amended, page 536, paragraph 73.8, line 16, by striking: /for medicaid/ and by inserting: /as follows: $10,000,000 for Medicaid and $500,000 shall be transferred to the Department of Health and Environmental Control for the Diabetes Management Project. The funds designated for this purpose shall be utilized to enhance the capability of office-based medical practices to treat patients suffering from Type II Diabetes in the Lowcountry and Pee Dee areas of the State./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. EDGE explained the amendment.
The amendment was then adopted.
(CHIPS) 22,067,544; /
Amend the bill further, as and if amended, page 551, paragraph 73.12, line 7, under Department of Health and Human Services, by striking:
/ (f) Physician Reimbursements 3,000,000; /
Amend the bill further, as and if amended, page 551, paragraph 73.12, line 33, under Department of Disabilities and Special Needs, by striking:
/ (b) Traumatic Brain or Spinal Cord Injury Post Acute Rehabilitation 4,500,000; /
Amend the bill further, as and if amended, page 553, paragraph 73.12, lines 7-8, by striking:
/(19) H24-South Carolina State University
Transportation Center 410,635; /
Amend the bill further, as and if amended, page 553, paragraph 73.12, line 12, under Technical and Comprehensive Education Board, by striking:
/ (a) Allied Health Initiative 6,000,000; /
Amend the bill further, as and if amended, page 557, paragraph 73.12, line 1, under Budget and Control Board and opposite (f) Service Contract for 800 MHz, by striking / 15,667,729/ and inserting / 1,000,000 /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
The amendment was then tabled by a division vote of 52 to 24.
Reps. EDGE and COBB-HUNTER proposed the following Amendment No. 216 (Doc Name h:\legwork\house\amend\h-wm\008\edge dss pgm needs.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 552, paragraph 73.12, line 4, by striking /16,000,000/ and inserting /5,290,526/
Amend the bill further, as and if amended, page 552, paragraph 73.12, line 10, by inserting:
/()Direct Services Staffing Initiative 3,000,000;
()Direct Services Program Needs 2,000,000;
()Child Card Vouchers 5,609,474;
() Edgefield County Children Helping Others 100,000;/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. EDGE explained the amendment.
Rep. EDGE continued speaking.
Rep. J. H. NEAL spoke in favor of the amendment.
Rep. EDGE spoke in favor of the amendment.
Rep. J. H. NEAL spoke in favor of the amendment.
The amendment was then adopted.
Rep. DAVENPORT proposed the following Amendment No. 223 (Doc Name h:\legwork\house\amend\h-wm\008\73.12 child advocacy.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 552, paragraph 73.12, line 12, by striking: /$300,000/ and inserting: /$50,000/
Amend further, as and if amended, page 552, line 14, before /$200,000/ by striking: /and/
Amend further, as and if amended, page 552, line 15, after /abused children/ by inserting at the end of the sentence: /, and $250,000 to the Spartanburg Children's Shelter
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Section 73, as amended, was adopted.
Pursuant to House Rule 1.6, the SPEAKER addresses the body concerning a matter of importance to the House.
Section 1 was adopted.
Reps. COBB-HUNTER, OTT, J. H. NEAL, MCLEOD, GOVAN, JENNINGS, KENNEDY and BATTLE proposed the following Amendment No. 157 (Doc Name h:\legwork\house\amend\h-wm\001\ch pt2- sec 2 del.doc), which was tabled:
Amend the bill, as and if amended, Part II, SECTION 2, page 558, lines 10-34, and page 559, lines 1-10, by striking Section 2 in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. JENNINGS explained the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. COOPER moved to table the amendment, which was agreed to.
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of Section 2, Part II.
Rep. OTT proposed the following Amendment No. 224 (Doc Name h:\legwork\house\amend\h-wm\004\ott delete inc tax ref.doc), which was tabled:
Amend the bill, as and if amended, Part II, Section 2, pages 558-559, beginning with line 10, by striking:/The Section in its Entirety/.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. OTT explained the amendment.
Rep. COOPER moved to table the amendment.
Rep. COOPER demanded the yeas and nays which were taken, resulting as follows:
Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Cato Chellis Clemmons Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Gambrell Gullick Hagood Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Hiott Huggins Kelly Kirsh Knight Leach Limehouse Littlejohn Lowe Lucas Mahaffey Mulvaney Owens Perry E. H. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Anderson Anthony Bales Battle Bowers Branham Brantley Breeland G. Brown Clyburn Cobb-Hunter Coleman Funderburk Govan Hart Harvin Hayes Hodges Hosey Howard Jefferson Kennedy Mack McLeod Miller Mitchell Moss J. H. Neal
Neilson Ott Scott Sellers Whipper Williams
So, the amendment was tabled.
Rep. R. BROWN proposed the following Amendment No. 272 (Doc Name h:\legwork\house\amend\h-wm\005\brown80.9inctx.doc), which was tabled:
Amend the bill, as and if amended, Part II, SECTION 2, page 558, lines 10-34, and page 559, lines 1-10, by striking Section 2 in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COOPER moved to table the amendment, which was agreed to.
Reps. GOVAN, OTT and JENNINGS proposed the following Amendment No. 87 (Doc Name h:\legwork\house\amend\council\ bbm\9871sd07.doc), which was tabled:
Amend the bill, as and if amended, Part II, Permanent Provisions, page 558, by striking SECTION 2 and inserting:
TO AMEND SECTION 12-37-2735, SO AS TO RENAME THE PERSONAL PROPERTY TAX RELIEF FUND THE MOTOR VEHICLE PROPERTY TAX CREDIT FUND, TO REQUIRE ANNUAL FUNDING FOR THIS FUND AT NO LESS THAN EIGHTY MILLION NINE HUNDRED EIGHTY THOUSAND DOLLARS, TO PROVIDE THOSE MOTOR VEHICLES ALLOWED THE CREDIT, AND TO REVISE THE MANNER OF DETERMINING THE AMOUNT OF THE CREDIT.
A. Section 12-37-2735 of the 1976 Code is amended to read:
"Section 12-37-2735. (A) There is established in the State Treasury a separate and distinct fund to be known as the Personal Motor Vehicle Property Tax Relief Credit Fund (fund) to which must be credited not more than nor less than twenty eighty million nine hundred eighty thousand dollars for a fiscal year. All monies deposited to this fund must be accounted for separately and any interest accruing from the investment of the monies on deposit with the fund must be credited to the fund and used for the same purpose as the principal. The
(B) The monies credited to the Personal Property Tax Relief fund must be allocated annually to separate county accounts, one each established in the name of the forty-six counties. The monies must be divided and allocated to the various county accounts based on a ratio equal to the total number of personal motor vehicles registered in a county divided by the total number of personal motor vehicles registered statewide at the close of the preceding calendar year or fiscal year as determined by the State Treasurer. The allocation drawn from the fund must be used for the exclusive purpose of reducing the ad valorem tax providing a property tax credit against property tax millage imposed by the county on personal motor vehicles and must be distributed to eligible persons in an equitable manner based on the fair market value of the vehicle allocated to each vehicle in the same manner as the credit provided pursuant to Section 11-11-156(C), mutatis mutandis. Motor vehicles eligible for this credit are those assessed for property tax purposes pursuant to Section 1(8)(B), Article X of the Constitution of this State."
B. This section applies for motor vehicle tax years beginning after June 30, 2007. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. GOVAN explained the amendment.
Rep. COOPER moved to table the amendment, which was agreed to.
Rep. COBB-HUNTER proposed the following Amendment No. 123 (Doc Name h:\legwork\house\amend\council\bbm\9865htc07.doc), which was tabled:
Amend the bill, as and if amended, Part II, Permanent Provisions, page 558, by striking SECTION 2 and inserting:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-6-3630 SO AS TO ALLOW A REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT EQUAL TO A PERCENTAGE OF THE FEDERAL EARNED INCOME TAX CREDIT ESTIMATED ANNUALLY BY THE BOARD OF ECONOMIC ADVISORS TO
"Section 12-6-3630. (A) There is allowed as a credit against the tax imposed pursuant to Section 12-6-510 on a full-year resident individual taxpayer an amount equal to the percentage provided pursuant to subsection (B) of this section of the earned income tax credit (EITC) allowed the taxpayer pursuant to Internal Revenue Code Section 32. If the amount of the credit allowed by this section exceeds the tax imposed on the taxpayer pursuant to Section 12-6-510, the excess must be refunded to the taxpayer.
(B) The credit allowed pursuant to this section is a percentage of the EITC estimated by the Board of Economic Advisors to reduce state general fund revenues by $80,980,000 in a fiscal year. The board shall certify its estimate of the applicable percentage to the Department of Revenue before September fifteenth of each year."
B. This section applies for taxable years beginning after 2006. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. COOPER moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Cato Ceips Chalk Chellis Clemmons Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Gambrell Gullick Hagood Hardwick Harrell Haskins Herbkersman Hinson Hiott Huggins Kelly
Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Mulvaney Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Walker White Whitmire Young
Those who voted in the negative are:
Agnew Alexander Anderson Anthony Bales Bowers Branham Brantley Breeland G. Brown Clyburn Cobb-Hunter Coleman Funderburk Govan Hart Harvin Hodges Hosey Howard Jefferson Kennedy Knight Mack McLeod Miller Mitchell Moss J. H. Neal Ott Scott Sellers Whipper Williams
So, the amendment was tabled.
Reps. MCLEOD, COBB-HUNTER, OTT, J. H. NEAL, GOVAN and JENNINGS proposed the following Amendment No. 178 (Doc Name h:\legwork\house\amend\council\bbm\9862htc07.doc), which was tabled:
Amend the bill, as and if amended, Part II, Permanent Provisions, page 558, by striking SECTION 2 and inserting:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-130 SO AS TO ESTABLISH THE SIX PERCENT PROPERTY TAX CREDIT FUND FUNDED AT EIGHTY MILLION NINE HUNDRED EIGHTY THOUSAND DOLLARS A YEAR THE REVENUES OF WHICH MUST BE USED TO PROVIDE A CREDIT AGAINST THE SCHOOL OPERATING MILLAGE IMPOSED ON REAL PROPERTY ASSESSED FOR PROPERTY TAX AT SIX PERCENT OF FAIR MARKET VALUE, TO EXCLUDE SECOND HOMES FROM THE CREDIT, AND TO PROVIDE HOW THE CREDIT IS DETERMINED.
A. Article 1, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-130. (A) There is established in the State Treasury a fund separate and distinct from the general fund of the State and all other funds to be known as the Six Percent Property Tax Credit Fund (fund) to which must be credited not less than eighty million nine hundred eighty thousand dollars for a fiscal year. All monies deposited to this fund must be accounted for separately and all earnings on the fund must be credited to it. The revenues of this fund must be used to reimburse school districts of the State for the property tax credit allowed pursuant to subsection (B) of this section.
(B) The revenues credited to the fund must be distributed annually to the school districts of the State in the proportion that the population of each school district is of total population of the State. The amount received from the fund must be used to provide a property tax credit against the property tax attributable to millage imposed by the district for school operations otherwise due on real property assessed for property tax purposes at six percent of fair market value, not including a second residence on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a second residence. The credit on each parcel must be determined in the manner for the credit provided pursuant to Section 11-11-156(C), mutatis mutandis."
B. This section applies for property tax years beginning after 2006. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. MCLEOD explained the amendment.
Rep. COOPER moved to table the amendment.
Those who voted in the affirmative are:
Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Brady Cato Ceips Chalk Chellis Clemmons Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Hiott Huggins Kelly Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Mulvaney Owens Pinson E. H. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Anderson Anthony Bales Bowers Branham Brantley Breeland G. Brown Clyburn Cobb-Hunter Coleman Funderburk Govan Hart Harvin Hayes Hodges Hosey Howard
Jefferson Kennedy Mack McLeod Miller Mitchell Moss J. M. Neal Neilson Ott Parks Scott Sellers Whipper Williams
So, the amendment was tabled.
Reps. OTT and VICK proposed the following Amendment No. 239 (Doc Name h:\legwork\house\amend\council\bbm\9872htc07.doc), which was tabled:
Amend the bill, as and if amended, Part II, Permanent Provisions, page 558, by striking SECTION 2 and inserting:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-140 SO AS TO ESTABLISH THE MANUFACTURING PROPERTY TAX CREDIT FUND FUNDED AT EIGHTY MILLION NINE HUNDRED EIGHTY THOUSAND DOLLARS A YEAR THE REVENUES OF WHICH MUST BE USED TO PROVIDE A CREDIT AGAINST THE SCHOOL OPERATING MILLAGE IMPOSED ON MANUFACTURING PROPERTY ASSESSED FOR PROPERTY TAX AT 10.5 PERCENT OF FAIR MARKET VALUE, AND TO PROVIDE HOW THE CREDIT IS DETERMINED.
A. Article 1, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-140. (A) There is established in the State Treasury a fund separate and distinct from the general fund of the State and all other funds to be known as the "Manufacturing Tax Credit Fund" (fund) to which must be credited not less than eighty million nine hundred eighty thousand dollars for a fiscal year. All monies deposited to this fund must be accounted for separately and all earnings on the fund must be credited to it. The revenues of this fund must be used to reimburse school districts of the State for the property tax credit allowed pursuant to subsection (B) of this section.
(B) The revenues credited to the fund must be distributed annually to the school districts of the State in the proportion that the population of each school district is of total population of the State. The amount received from the fund must be used to provide a property tax credit against the property tax attributable to millage imposed by
Rep. OTT explained the amendment.
Rep. SELLERS spoke in favor of the amendment.
Rep. COOPER moved to table the amendment.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Cato Ceips Chalk Chellis Clemmons Cooper Cotty Crawford Dantzler Davenport Delleney Edge Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Herbkersman Hinson Huggins Kelly Kirsh Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Mulvaney Owens Pinson E. H. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Viers
Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Anderson Anthony Bales Battle Bowers Branham Brantley Breeland G. Brown Clyburn Cobb-Hunter Coleman Funderburk Govan Hart Harvin Hayes Hodges Hosey Howard Jefferson Kennedy Knight Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Ott Rutherford Scott Sellers Whipper Williams
So, the amendment was tabled.
Rep. G. BROWN proposed the following Amendment No. 274 (Doc Name h:\legwork\house\amend\council\bbm\9885htc07.doc), which was tabled:
Amend the bill, as and if amended, Part II, Permanent Provisions, page 558, by striking SECTION 2 and inserting:
TO ESTABLISH THE "SPECIAL DEVELOPMENT FUND" FUNDED ANNUALLY IN THE AMOUNT OF EIGHTY MILLION NINE HUNDRED EIGHTY THOUSAND DOLLARS, TO DIVIDE THIS FUND INTO ONE HUNDRED TWENTY-FOUR EQUALLY FUNDED GRANT ELIGIBILITY ACCOUNT AREAS CORRESPONDING TO HOUSE DISTRICTS, AND TO PROVIDE THAT THE REVENUES IN THESE ACCOUNTS MUST BE DISTRIBUTED UPON APPLICATION OF COUNTIES AS GRANTS WHICH MUST BE USED FOR PROJECTS LOCATED
Rep. G. BROWN 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:
Ballentine Bannister Battle Bedingfield Bingham Bowen Brady Cato Ceips Chalk Chellis Clemmons Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Herbkersman Hinson Hiott Huggins Kelly Kirsh Knight Leach Limehouse Littlejohn Lucas Mahaffey Merrill Owens Perry
Pinson E. H. Pitts Rice Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Anthony Bales Bowers Branham Brantley Breeland G. Brown Clyburn Cobb-Hunter Coleman Funderburk Govan Hart Hayes Hodges Hosey Howard Jefferson Jennings Kennedy Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Ott Rutherford Scott Sellers Whipper
So, the amendment was tabled.
Rep. KENNEDY proposed the following Amendment No. 280 (Doc Name h:\legwork\house\amend\council\bbm\9886ahb07.doc), which was tabled:
Amend the bill, as and if amended, Part II, Permanent Provisions, page 558, by deleting SECTION 2 in its entirety and inserting:
TO AMEND THE 1976 CODE BY ADDING SECTION 6-27-35 SO AS TO ADD EIGHTY MILLION NINE HUNDRED EIGHTY THOUSAND DOLLARS TO THE AMOUNT ALLOCATED FOR AID TO SUBDIVISIONS.
A. Chapter 27, Title 6 of the 1976 Code is amended by adding:
"Section 16-27-35. In addition to the amount produced pursuant to Section 6-27-30, annually there is added to the Local Government Fund the amount of eighty million nine hundred eighty thousand dollars."
B. This section takes effect July 1, 2007. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KENNEDY explained the amendment.
The SPEAKER PRO TEMPORE granted Rep. JENNINGS a temporary leave of absence.
Rep. KENNEDY continued speaking.
Rep. HART spoke in favor of the amendment.
Rep. HOWARD spoke in favor of the amendment.
Rep. KENNEDY spoke in favor of the amendment.
Rep. HART spoke in favor of the amendment.
Rep. HOWARD spoke in favor of the amendment.
Rep. COOPER moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Cato Ceips Chalk Chellis Clemmons Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Gambrell Gullick Hagood Haley Hamilton Hardwick Harrison Hinson Hiott Huggins Kelly Kirsh Leach Limehouse Littlejohn Loftis Lowe Lucas
Mahaffey Merrill Mulvaney Owens Perry Pinson E. H. Pitts Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Alexander Allen Anderson Anthony Bales Battle Bowers Branham Brantley Breeland R. Brown Clyburn Cobb-Hunter Coleman Funderburk Govan Hart Hayes Hodges Hosey Howard Jefferson Kennedy Knight Mack McLeod Miller Mitchell Moss J. H. Neal J. M. Neal Ott Scott Sellers Weeks Whipper Williams
So, the amendment was tabled.
Rep. SCOTT proposed the following Amendment No. 312 (Doc Name h:\legwork\house\amend\council\nbd\11415ac07.doc), which was tabled:
Amend the bill, as and if amended, Part II, Permanent Provisions, beginning on page 558, by deleting SECTION 2 in its entirety and inserting:
TO ADD SECTION 9-1-1360 SO AS TO PROVIDE THAT ANNUALLY $80,980,000 MUST BE TRANSFERRED FROM THE
"Section 9-1-1360. The State Treasurer and Comptroller General annually shall transfer from the general fund of the State to the South Carolina Retirement System an amount equal to $80,980,000 which must be applied to the increase in the retirement allowance for beneficiaries pursuant to Section 9-1-1810."
B. This section takes effect July 1, 2007./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. SCOTT explained the amendment.
Rep. HART spoke in favor of the amendment.
Rep. GOVAN spoke in favor of the amendment.
Rep. COOPER moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bannister Barfield Battle Bedingfield Bowen Brady Cato Ceips Chellis Clemmons Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hinson Hiott Huggins Kelly Kirsh Leach Limehouse Lowe Lucas Mahaffey Mulvaney Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Shoopman Simrill Skelton D. C. Smith
G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Viers Walker White Witherspoon
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Bowers Branham Brantley Breeland G. Brown R. Brown Cobb-Hunter Coleman Govan Hart Hayes Hodges Hosey Howard Jefferson Kennedy Knight McLeod Mitchell Moss J. H. Neal J. M. Neal Ott Parks Rutherford Scott Sellers Weeks Whipper Williams
So, the amendment was tabled.
Rep. Scott proposed the following Amendment No. 83 (Doc Name h:\legwork\house\amend\h-wm\004\scott 18m inc tax- pay.doc), which was tabled:
Amend the bill, as and if amended, Part II, Section 2, page 559, line 10, by striking /6.83%/ and inserting /6.871%/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. SCOTT explained the amendment.
Rep. COOPER moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Bannister Barfield Battle Bowen Brady Cato Chellis Clemmons Cooper Cotty Crawford Dantzler Delleney Duncan Edge Gambrell Gullick Hagood Haley Hamilton Hardwick Harrell Hinson Hiott Huggins Kelly Kirsh Leach Limehouse Littlejohn Loftis Lowe Lucas Mahaffey Merrill Mulvaney Owens Perry Pinson E. H. Pitts Rice Scarborough Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Viers White Whitmire Witherspoon
Those who voted in the negative are:
Agnew Alexander Anderson Anthony Bales Brantley Breeland G. Brown Clyburn Cobb-Hunter Davenport Govan Hart Hayes Hodges Hosey Jefferson Knight McLeod Mitchell Moss J. M. Neal Neilson Ott Parks Rutherford Scott Weeks Whipper Williams
So, the amendment was tabled.
Section 3 was adopted.
Rep. COOPER explained the Section.
Section 4 was adopted.
Rep. COOPER proposed the following Amendment No. 302 (Doc Name h:\legwork\house\amend\h-wm\001\cooper pt2 sec5 del.doc), which was adopted:
Amend the bill, as and if amended, Part II, SECTION 5, page 568, lines 23-36, and page 569, lines 1-33 by striking Section 5 in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. COOPER proposed the following Amendment No. 303 (Doc Name h:\legwork\house\amend\h-wm\001\cooper pt2 sec 6 del.doc), which was adopted:
Amend the bill, as and if amended, Part II, SECTION 6, page 569, line 35, and page 570, lines 1-24 by striking Section 6 in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR'S REMOVAL OF PERSONS APPOINTED TO CERTAIN STATE OFFICES, FOR CERTAIN REASONS, SO AS TO ADD DEPARTMENT OF TRANSPORTATION COMMISSIONERS TO THIS LIST OF PERSONS WHO MAY BE REMOVED FROM OFFICE BY THE GOVERNOR; TO AMEND SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT AND THEIR GOVERNING BODIES, SO AS TO PROVIDE FOR THE GOVERNING STRUCTURE OF THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 1-30-105, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO MAKE TECHNICAL CHANGES AND PROVIDE FOR THE ELECTION OF ITS GOVERNING AUTHORITY UNTIL FEBRUARY 15, 2008; TO AMEND SECTION 8-13-1110, AS AMENDED, RELATING TO PUBLIC OFFICIALS WHO MUST FILE A STATEMENT OF ECONOMIC INTEREST, SO AS TO PROVIDE THAT DEPARTMENT OF TRANSPORTATION DISTRICT ENGINEERING ADMINISTRATORS MUST FILE A STATEMENT OF ECONOMIC INTEREST; TO AMEND SECTION 11-11-150, AS AMENDED, RELATING TO CALCULATING ESTIMATED STATE AND CORPORATE INCOME TAX REVENUES, AND THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT CERTAIN AMOUNTS OF TAX REVENUES MUST BE CREDITED TO THE DEPARTMENT OF TRANSPORTATION FOR EACH FISCAL YEAR, AFTER FISCAL YEAR 2006-2007; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO GOVERNMENTAL ENTITIES EXEMPTED FROM PURCHASING ITEMS THROUGH THE CHIEF PROCUREMENT OFFICER, SO AS TO REVISE THE LIST OF DEPARTMENT OF TRANSPORTATION PROJECTS THAT ARE SUBJECT TO THIS PROVISION, AND TO GRANT EXEMPTIONS TO COUNTY TRANSPORTATION COMMITTEES, COUNCILS ON GOVERNMENTS, THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK AND
"(C) (1) Persons appointed to the following offices of the State may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:
(a) Workers' Compensation Commission;
(b) Reserved Department of Transportation Commissioners;
(c) Ethics Commission;
(d) Election Commission;
(e) Professional and Occupational Licensing Boards;
(f) Juvenile Parole Board;
(g) Probation, Parole and Pardon Board;
(h) Director of the Department of Public Safety;
(i) Board of the Department of Health and Environmental Control, excepting the chairman;
(j) Chief of State Law Enforcement Division;
(k) South Carolina Lottery Commission;
(l) Executive Director of the Office of Regulatory Staff; and
(m) Directors of the South Carolina Public Service Authority appointed pursuant to Section 58-31-20. A Director of the South Carolina Public Service Authority also may be removed for his breach of any duty arising under Section 58-31-55 or 58-31-56. The Governor must not request a Director of the South Carolina Public Service Authority to resign unless cause for removal, as established by this subsection, exists. Removal of a director of the South Carolina Public Service Authority, except as is provided by this section or by Section 58-31-20(A), must be considered to be an irreparable injury for which no adequate remedy at law exists.
(2) Upon the expiration of an officeholder's term, the individual may continue to serve until a successor is appointed and qualifies."
B. Section 1-30-10(B) of the 1976 Code is amended to read:
"(B) (1) The governing authority of each department shall be either:
( i) a director, and in the case of the Department of Commerce, the secretary, who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240; or,
( ii) a seven member board to be appointed and constituted in a manner provided for by law; or,
(iii) in the case of the Department of Agriculture and the Department of Education, the State Commissioner of Agriculture and the State Superintendent of Education, respectively, elected to office under the Constitution of this State.; or
(iv) in the case of the Department of Transportation, a seven member board constituted in a manner provided by law, and a Secretary of Transportation appointed by and serves at the pleasure of the Governor."
C. Section 1-30-105 of the 1976 Code is amended to read:
"Section 1-30-105. Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Transportation to be initially divided into divisions for Mass Transit, Construction and Maintenance, Engineering and Planning, Finance and Administration.; provided, however However, that the State Highway Department of Transportation Commission as constituted on June 30, 1993 June 30, 2007, under the provisions of Title 56 57, shall be is the governing authority for the department until February 15, 1994 2008, or as soon as its successors are elected or appointed and qualified, whichever is later pursuant to Section 57-1-310:
Department of Highways and Public Transportation, except Motor Vehicle Division Department of Motor Vehicles and State Highway Patrol, formerly provided for at in Section 56-1-10, et seq."
D. Section 8-13-1110(B) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(B) Each of the following public officials, public members, and public employees must file a statement of economic interests with the appropriate supervisory office, unless otherwise provided:
(1) a person appointed to fill the unexpired term of an elective office;
(2) a salaried member of a state board, commission, or agency;
(3) the chief administrative official or employee and the deputy or assistant administrative official or employee or director of a division, institution, or facility of any agency or department of state government;
(4) the city administrator, city manager, or chief municipal administrative official or employee, by whatever title;
(5) the county manager, county administrator, county supervisor, or chief county administrative official or employee, by whatever title;
(6) the chief administrative official or employee of each political subdivision including, but not limited to, school districts, libraries, regional planning councils, airport commissions, hospitals, community action agencies, water and sewer districts, and development commissions;
(7) a school district and county superintendent of education;
(8) a school district board member and a county board of education member;
(9) the chief finance official or employee and the chief purchasing official or employee of each agency, institution, or facility of state government, and of each county, municipality, or other political subdivisions including, but not limited to, those named in item (6);
(10) a public official;
(11) a public member who serves on a state board, commission, or council. ; and
(12) Department of Transportation District Engineering Administrators."
E. Section 11-11-150 of the 1976 Code, as last amended by Part 1, Section 4A of Act 388 of 2006, is further amended by adding at the end:
"(H) In calculating estimated state individual and corporate income tax revenues for a fiscal year, the Board of Economic Advisors shall deduct the following amounts that must be credited to the Department of Transportation and distributed pursuant to Section 57-11-410:
Fiscal Year 2007-2008 $40,000,000
Fiscal Year 2008-2009 $80,000,000
Fiscal Year 2009-2010 $120,000,000
Fiscal Year 2010-2011 $160,000,000
Fiscal Year 2011-2012 and thereafter $200,000,000."
F. Section 11-35-710 of the 1976 Code, as last amended by Act 376 of 2006, is further amended to read:
"Section 11-35-710. The board, upon the recommendation of the designated board office, may exempt governmental bodies from purchasing certain items through the respective chief procurement
(1) the construction, maintenance, and repair of bridges, highways, and roads; vehicle and road equipment maintenance and repair; and other emergency-type parts or equipment utilized by the Department of Transportation or the Department of Public Safety;
(2) the purchase of raw materials by the South Carolina Department of Corrections, Division of Prison Industries;
(3) South Carolina State Ports Authority;
(4) Division of Public Railways of the Department of Commerce;
(5) South Carolina Public Service Authority;
(6) expenditure of funds at state institutions of higher learning derived wholly from athletic or other student contests, from the activities of student organizations, and from the operation of canteens and bookstores, except as the funds are used for the procurement of construction, architect-engineer, construction-management, and land surveying services;
(7) livestock, feed, and veterinary supplies;
(8) articles for commercial sale by all governmental bodies;
(9) fresh fruits, vegetables, meats, fish, milk, and eggs;
(10) South Carolina Arts Commission and South Carolina Museum Commission for the purchase of one-of-a-kind items such as paintings, antiques, sculpture, and similar objects. Before a governmental body procures the objects, the head of the purchasing agency shall prepare a written determination specifying the need for the objects and the benefits to the State. The South Carolina Arts Commission shall review the determination and forward a recommendation to the board for approval;
(11) published books, periodicals, and technical pamphlets;
(12) South Carolina Research Authority;
(13) the purchase of supplies, services, or information technology by state offices, departments, institutions, agencies, boards, and commissions or the political subdivisions of this State from the South Carolina Department of Corrections, Division of Prison Industries;
(14) Medical University Hospital Authority, if the Medical University Hospital Authority has promulgated a procurement process in accordance with its enabling provision.;
(15) the construction, maintenance, and repair of bridges, highways, and roads by the Department of Transportation when these projects receive federal funding and must comply with applicable federal laws and regulations and projects funded through County Transportation Committees, Councils of Government, the South Carolina Transportation Infrastructure Bank, and Metropolitan Planning Organizations;
(16) County Transportation Committees;
(17) Councils of Government;
(18) the South Carolina Transportation Infrastructure Bank; and
(19) Metropolitan Planning Organizations."
G. Section 11-35-1230(1) of the 1976 Code, as last amended by Act 376 of 2006, is further amended to read:
"(1) The designated board office, through consultation with the chief procurement officers, shall develop written plans for the auditing of state procurements.
In procurement audits of governmental bodies thereafter, the auditors from the designated board office shall review the adequacy of the system's internal controls in order to ensure compliance with the requirement of this code and the ensuing regulations. Additionally, the procurement audits shall verify that exemptions contained in Section 11-35-710 (15) are valid. A noncompliance discovered through audit must be transmitted in management letters to the audited governmental body and the Budget and Control Board. The auditors shall provide in writing proposed corrective action to governmental bodies. Based upon audit recommendations of the designated board office, the board may revoke certification as provided in Section 11-35-1210 and require the governmental body to make all procurements through the appropriate chief procurement officer above a dollar limit set by the board, until such time as the board is assured of compliance with this code and its regulations by that governmental body."
H. Section 57-1-10 of the 1976 Code is amended to read:
"Section 57-1-10. For the purposes of this title, the following words, phrases, and terms are defined as follows:
(1) 'Commission' means the administrative and governing body of the Department of Transportation.
(2) 'Department' means the Department of Transportation (DOT).
(3) "Director" 'Secretary of Transportation' means the chief administrative officer of the Department of Transportation.
(4) 'Highway Engineering District' means the seven geographical regions created by the Department of Transportation and approved by the commission from which the members of the commission must reside and be elected."
I. Section 57-1-20 of the 1976 Code is amended to read:
"Section 57-1-20. The Department of Transportation is established as an administrative agency of state government which is comprised of a Division of Mass Transit; a Division of Construction Engineering and Planning; a Division of Human Resources; an Internal Audit Division; and a Division of Finance and Administration. Each division of the Department of Transportation shall have such functions and powers as provided for by law."
J. Section 57-1-40 of the 1976 Code is amended by adding at the end:
"(C) Notwithstanding the provisions contained in subsection (A) and (B), the Department of Transportation Commission and the department's employees are subject to the provisions contained in Section 2-17-80 and 2-17-90."
K. Article 3, Chapter 1, Title 57 of the 1976 Code is amended by adding:
"Section 57-1-305. (A) The commission, is reconstituted under law in effect before the date this act is approved by the Governor, is reconstituted to continue in existence with the appointment and qualification of the members as prescribed in this article and with the changes in duties and powers as prescribed in this title.
(B) Nothing in this act affects the commission's jurisdiction over matters pending before the commission on or before February 15, 2008.
(C) The commission is composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter. For any term beginning after February 15, 2008, each member must have:
(1) a baccalaureate or more advanced degree from:
(a) a recognized institution of higher learning requiring face-to-face contact between its students and instructors prior to completion of the academic program;
(b) an institution of higher learning that has been accredited by a regional or national accrediting body; or
(c) an institution of higher learning chartered before 1962; or
(2) a background of at least five years in a combination of the following:
(a) transportation;
(b) construction;
(c) finance;
(d) law;
(e) environmental issues;
(f) management; or
(g) engineering.
(D) The Department of Transportation Commission shall serve as currently appointed until new commissioners are qualified and elected."
L. Section 57-1-310 of the 1976 Code is amended to read:
"Section 57-1-310. The congressional districts of this State are constituted and created Department of Transportation districts of the State, designated by numbers corresponding to the numbers of the respective congressional districts. The Commission of the Department of Transportation shall be composed of one member from each transportation district elected by the delegations of the congressional district and one member appointed by the Governor, upon the advice and consent of the Senate, from the State at large. Such elections or appointment, as the case may be, shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State; however, consideration of these factors in making an appointment or in an election in no way creates a cause of action or basis for an employee grievance for a person appointed or elected or for a person who fails to be appointed or elected. (A) The Department of Transportation Commission consists of seven commissioners who reside in South Carolina and who shall have the qualifications stated in this section, as determined by the Transportation Review Committee pursuant to Article 7 of this chapter, before being appointed in the manner prescribed by this chapter. One member from each of the seven highway engineering districts shall be elected during a joint assembly of the House and Senate.
Each appointment shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State. However, consideration of these factors in electing a commissioner does not create a cause of action or basis for an employee grievance for a person elected to or fails to be elected to the commission. Each successive commissioner must be appointed from a different county within a highway engineering district based upon the
(B) Candidates for appointment to the commission must be screened by the Transportation Review Committee and, prior to election by the General Assembly, must be found qualified by meeting the minimum requirements contained in subsection (C). The review committee must submit a written report to the Clerks of the Senate and House of Representatives setting forth its findings as to the qualifications of each candidate. A candidate may not serve as a commissioner, even in an interim capacity, until he is screened and found qualified by the Transportation Review Committee."
M. Section 57-1-330 of the 1976 Code is amended to read:
"Section 57-1-330. (A) Beginning February 15, 1994 2008, commissioners must be elected by the legislative delegation of each congressional district. For the purposes of electing a commission member, a legislator shall vote only in the congressional district in which he resides as provided in this article. All commission members must serve for a term of office of three years which expires on February fifteenth of the appropriate year. Commissioners shall continue to serve until their successors are elected and qualify, provided that a commissioner may only serve in a hold-over capacity for a period not to exceed six months. However, a person may not serve as a commissioner for more than two three-year terms or six years. Any vacancy occurring in the office of commissioner shall must be filled by election in the manner provided in this article for the unexpired term only. No person is eligible to serve as a commission member who is not a resident of that district at the time of his appointment, except that the at-large commission member may be appointed from any county in the State regardless of whether another
(B) The terms of the initial members of the commission appointed from congressional highway engineering districts are as follows:
(1) commission members appointed to represent odd-numbered congressional highway engineering districts--two three years; and
(2) commission members appointed to represent even-numbered congressional highway engineering districts--four two years.
(C) The at-large commissioner shall serve at the pleasure of the Governor. The chairman of the commission shall be a commissioner elected by a majority vote of the members of the commission and serve a term of two years.
(D) When a vacancy occurs from the death, resignation, or expiration of the term of a commissioner, the Secretary of Transportation shall notify the Clerks of the House of Representatives and Senate, and the members of the Transportation Review Committee of this occurrence."
N. Section 57-1-350 of the 1976 Code is amended to read:
"Section 57-1-350. (A) The commission may adopt an official seal for use on official documents of the department.
(B) The commission shall adopt its own rules and procedures and may select such additional officers to serve such terms as the commission may designate.
(C) Commissioners must receive one thousand dollars for each month of service as a commissioner for district expenses and must be reimbursed for official expenses per diem and mileage as provided by law for members of state boards and commissions of the General Assembly as established in the annual general appropriation Appropriations act when traveling to Columbia for official commission functions.
(D) The commission shall approve:
(1) the sale of surplus property by the department;
(2) the advertisement for consultant contracts and authorize the selection of consultants by department personnel;
(3) the adding to and deletion of roads from the State Highway System;
(4) the awarding of contracts by the department;
(5) the department's annual budget;
(6) the state transportation plan;
(7) the dedication and naming of highway facilities by the department;
(8) any contract entered into by the department with a value in excess of five hundred thousand dollars;
(9) additional contracts entered into by the department during a fiscal year with an entity that has already received individual contracts during that fiscal year that together are worth at least five hundred thousand dollars; and
(10) all contracts relating to road construction and maintenance.
(E) The department shall establish a priority list of projects to be undertaken by it. Once the priority list has been established by the department, it shall not be changed without two-thirds approval by the commission at the request of the Secretary of Transportation. When compiling this list of projects, the department shall use, but is not limited to use, the following criteria:
(1) financial viability;
(2) public safety;
(3) potential for economic development;
(4) traffic volume;
(5) truck traffic;
(6) the pavement quality index; and
(7) environmental impact.
(F) The department shall conduct a public hearing in each county in which a public hearing is required by federal regulations to allow the department to share information regarding the project with the local community and to allow the local community to address its concerns with department officials. The hearing must include the opportunity for members of the public to address a hearing officer in a format in which comments can be heard by the general public attending the hearing or in a private setting, whichever is the speakers' choice.
(G) The commission annually shall review a road maintenance and bridge repair plan within each highway engineering district.
(H) The department shall promulgate regulations that utilize the criteria contained in subsection (E) for ranking projects in each highway engineering district."
O. Section 57-1-410 of the 1976 Code is amended to read:
"Section 57-1-410. The commission Governor shall employ a director Secretary of Transportation who shall serve at the his pleasure of the commission. A person appointed to this position shall be a citizen of practical and successful business and executive ability who has a knowledge in the field of transportation. The director Secretary of Transportation shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act."
P. Section 57-1-450 of the 1976 Code is amended to read:
"Section 57-1-450. (A) The director Secretary of Transportation shall appoint a deputy director for each division of the department who shall serve at the pleasure of the director, except for the internal audit director and internal auditors who shall report to and serve at the pleasure of the commission. and The Secretary of Transportation shall recommend the salary for each deputy director as allowed by statute or applicable law.
(B) The Department of Transportation District Engineering Administrators or individuals performing the function of district engineering administrators who oversee the seven highway engineering districts, serve at the pleasure of the Secretary of Transportation."
Q. Section 57-1-490 of the 1976 Code is amended to read:
"Section 57-1-490. (A) The department shall must be audited by a certified public accountant or firm of certified public accountants once each year to be designated by the State Auditor. The designated accountant or firm of accountants shall issue audited financial statements in accordance with generally accepted accounting principles, and such financial statements shall be made available annually by October fifteenth to the General Assembly. The costs and expenses of the audit must be paid by the department out of its funds.
(B) The Legislative Audit Council shall contract for an independent performance and compliance audit of the department's finance and administration division, mass transit division, and construction engineering and planning division. This audit should be completed by January 15, 2009. The Legislative Audit Council may contract for follow-up audits or conduct follow-up audits as needed based upon the audit's initial findings. The costs of these audits, including related administrative and management expenses of the Legislative Audit Council, are an operating expense of the department. The department shall pay directly to the Legislative Audit Council the cost of the audits.
(C) Copies of every audit conducted pursuant to this section must be made available to the Governor, the Chairmen of the Senate Finance and Transportation Committees, and the House of Representatives Ways and Means and Education and Public Works Committees."
R. Chapter 1, Title 57 of the 1976 Code is amended by adding:
Section 57-1-710. There is established the Transportation Review Committee, to be called the review committee, which must exercise the powers and fulfill the duties described in this article.
Section 57-1-720. (A) The review committee is composed of ten members, three of whom must be members of the House of Representatives, including the Chairman of the Education and Public Works Committee, or his designee, and the Chairman of the Ways and Means Committee, or his designee, and one member appointed by the Speaker of the House of Representatives. Three of the members must be members of the Senate, including the Chairman of the Transportation Committee, or his designee, the Chairman of the Senate Finance Committee, or his designee, and one member appointed by the President Pro Tempore of the Senate. Two members of the committee must be appointed by the Speaker of the House of Representatives from the public at large, and two members of the committee must be appointed by the President Pro Tempore of the Senate from the public-at-large. However, in making appointments to the joint committee, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation, to the greatest extent possible, of all segments of the population of the State. The members of the general public appointed by the Speaker and the President Pro Tempore of the Senate must be representative of all citizens of this State and must not be members of the General Assembly and must possess knowledge in a related field.
(B) The review committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chairman and other officers as the review committee may consider necessary. Thereafter, the review committee must meet at least annually and at the call of the chairman or by a majority of the members. A quorum consists of six members.
(C) The review committee has the power and duty to review candidates for election to the Department of Transportation Commission to determine whether the candidates meet the qualifications set forth in this chapter.
(D) Unless the review committee finds a candidate qualified and nominates the candidate for a seat on the Department of Transportation Commission, the candidate must not be elected to the commission.
(E) The review committee members are entitled to such mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which appointed. These expenses shall be paid from the general fund of the State on warrants duly signed by the chairman of the review committee and payable by the authorities from which they are appointed.
The expenses associated with the review committee duties to qualify and nominate candidates for the commission must be paid from the general fund of the state.
(F) The review committee must use clerical and professional employees of the General Assembly for its staff, who must be made available to the review committee.
(G) The review committee may employ or retain other professional staff, upon the determination of the necessity for other staff by the review committee.
(H) The costs and expenses of the review committee must be funded in the annual state general appropriations act."
S. Section 57-3-10 of the 1976 Code is amended to read:
"Section 57-3-10. The Department of Transportation must be divided into such divisions as the commission may prescribe but must consist of the following principal divisions: finance and administration; construction, engineering, and planning; and mass transit; human resources; and internal audit. The commission may establish other divisions, or ancillary or service divisions as may be necessary for the efficient and economic operation of the division and to carry out the functions and purposes of the division."
T. Section 57-3-20 of the 1976 Code is amended to read:
"Section 57-3-20. The responsibilities and duties of the following division deputy directors must include, but not be limited to, the following:
(1) division deputy director for finance and administration:
a. financial planning and management;
b. accounting systems necessary to comply with all federal and/or state laws and/or regulations as well as all policies established by the Comptroller General; and
c. administrative functions, including recording proceedings of the commission and developing policy and procedures to ensure compliance with these policies and procedures.
(2) division deputy director for construction, engineering, and planning:
a. development of statewide strategic highway plans; and
b. directs highway engineering activities, including construction, design, construction oversight, and maintenance of state highways.
(3) division deputy director for mass transit:
a. development of a statewide mass transit system; and
b. coordinate the preservation and revitalization of existing rail corridors.
(4) division deputy director for human resources:
a. employ an ethics compliance officer to ensure that the department's employees and commission comply fully with all laws that govern their ethical conduct.
b. conduct two hours of mandatory ethics training seminars for all department employees and commissioners on a biennial basis. However, it must conduct a mandatory two hour ethics seminar for each newly hired employee and newly elected commissioner within one month of their employment or election.
(5) division deputy director for internal audits shall examine the finances of the department and provide an annual financial report to the commission."
U. Chapter 11, Title 57 of the 1976 Code is amended by adding:
"Article 5
Department of Transportation General Fund Revenue Transfers
Section 57-11-410. Of the amount set aside pursuant to Section 11-11-150(H), the South Carolina Department of Transportation must:
(1) make the following annual contributions from nonstate tax resources to the State Highway Account of the South Carolina Transportation Infrastructure Bank:
Fiscal Year 2007-2008 $20,000,000
Fiscal Year 2008-2009 $40,000,000
Fiscal Year 2009-2010 $60,000,000
Fiscal Year 2010-2011 $80,000,000
Fiscal Year 2011-2012 and thereafter $100,000,000; and
(2) make the following annual contributions to the State Non-Federal Aid Highway Fund of the South Carolina Department of Transportation for maintenance and construction with seventy-five
Fiscal Year 2007-2008 $20,000,000
Fiscal Year 2008-2009 $40,000,000
Fiscal Year 2009-2010 $60,000,000
Fiscal Year 2010-2011 $80,000,000
Fiscal Year 2011-2012 and thereafter $100,000,000."
V. Section 8-17-370 of the 1976 Code, as last amended by Act 153 of 2005, is further amended to read:
"Section 8-17-370. The provisions of this article do not apply to:
(1) members, officers, or employees of the General Assembly;
(2) employees within the Office of the Governor who work at the mansion or in the State House or those employees appointed by the Governor to serve at or above the organizational level of assistant directors of the individual program components;
(3) elected public officials of this State or persons appointed to fill vacancies in these offices;
(4) all judges, officers, and employees of the Judicial Department; jurors; all employees of the Commission on Prosecution Coordination; and the judges, officers, and employees of the Administrative Law Judge Division;
(5) members of state boards, commissions, councils, advisory councils, or committees compensated on a per diem basis;
(6) inmate help in a charitable, penal, or correctional institution, residents of rehabilitation facilities, or students employed in institutions of learning;
(7) part-time professional personnel engaged in consultant or contractual services;
(8) an agency head who has the authority and responsibility for an agency within state government including the divisions of the State Budget and Control Board;
(9) employees of the Public Service Authority, State Ports Authority, the Jobs-Economic Development Authority, or the Division of Public Railways and the Division of Savannah Valley Development of the Department of Commerce;
(10) teaching or research faculty, professional librarians, academic administrators, or other persons holding faculty appointments at a four-year post-secondary educational institution, including its branch campuses, if any, as defined in Section 59-107-10;
(11) athletic coaches and unclassified employees in the athletic departments of four-year post-secondary educational institutions as defined in Section 59-107-10;
(12) deputy directors as defined in Section 8-17-320;
(13) regional and county directors of the Department of Social Services as defined in Section 43-3-40(B);
(14) employees of the Medical University Hospital Authority, provided the Medical University Hospital Authority has promulgated an employee grievance plan in accordance with its enabling provision;
(15) presidents of the South Carolina Technical College System;
(16) a retired member of the South Carolina Police Officers Retirement System or a retired member of the South Carolina Retirement System who is hired by an agency to fill all or some fraction of a full-time equivalent (FTE) position covered by the State Employee Grievance Procedure Act; and
(17) notwithstanding the provisions of Section 9-1-2210(E), any participant in the Teacher and Employee Retention Incentive Program.;
(18) the chief investment officer and all other employees of the Retirement System Investment Commission.; and
(19) district engineering administrators or individuals performing the function of district engineering administrators of the Department of Transportation."
W. Sections 57-1-320 and 57-1-325 are repealed.
X. The repeal or amendment by this section of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this section must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Y. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this section, the General Assembly hereby declaring that it would have passed this section, and each and every section, subsection, paragraph,
Rep. YOUNG explained the amendment.
Rep. JENNINGS raised the Point of Order that Amendment No. 250 was out of order in that it was not germane to the Bill and that it was in violation of Article III, Section 17 of the South Carolina Constitution. He stated further that the title of a Bill should relate to only one subject and the Amendment did not relate to the subject of the Bill.
SPEAKER HARRELL stated that similar Points of Order had been raised in 1988, 1999, 2002 and 2006, which were all overruled because Article III, Section 17, was a substantive question of law that must be determined by a court of law and the Speaker could only rule upon procedural issues. He overruled the Point of Order.
Rep. OTT spoke upon the amendment.
Rep. YOUNG spoke in favor of the amendment.
The amendment was then adopted.
Reps. JENNINGS, COBB-HUNTER, OTT, J. H. NEAL, MCLEOD, BATTLE and GOVAN proposed the following Amendment No. 199 (Doc Name h:\legwork\house\amend\council\bbm\9861htc07.doc), which was ruled out of order:
Amend the bill, as and if amended, Part II, Permanent Provisions, page 570, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO THE IMPOSITION OF THE STATE SALES TAX PURSUANT TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REDUCE FROM THREE PERCENT TO TWO PERCENT EFFECTIVE JULY 1, 2007, THE RATE OF THE STATE SALES AND USE TAX ON THE GROSS PROCEEDS OF SALES OF UNPREPARED FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS AND TO DELETE OBSOLETE PROVISIONS.
A. Section 12-36-910(D) of the 1976 Code, as added by Act 388 of 2006, is amended to read:
"(D)(1) Notwithstanding the rate of the tax imposed pursuant to subsection (A) of this section or the rate of any other sales tax imposed pursuant to this chapter and the rate of any use tax imposed pursuant to this chapter, the sales and use tax on the gross proceeds of sales or sales price of unprepared food which lawfully may be purchased with United States Department of Agriculture food coupons is three two percent.
(2) There is transferred from the general fund of the State to the EIA Fund in fiscal year 2006-2007 the revenue estimated by the Board of Economic Advisors to equal EIA revenue not received as a result of the two percent sales tax differential provided pursuant to this subsection."
B. This section takes effect July 1, 2007. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. JENNINGS explained the amendment.
Rep. COOPER raised the Point of Order that Amendment No. 199 was out of order under Rule 5.3 (B) in that it affected the appropriation of funds over five million dollars during the fiscal year and there was no written corresponding appropriation reduction attached to the Amendment.
SPEAKER HARRELL sustained the Point of Order and ruled the Amendment out of order.
The motion of Rep. COOPER to reconsider the vote whereby Section 1A was adopted was taken up and agreed to.
Reps. MULVANEY and COOPER proposed the following Amendment No. 310 (Doc Name h:\legwork\house\amend\h-wm\007\mulvaney and cooper - teacher supplies.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION, page 385, after line 12, by adding an appropriately numbered paragraph to read:
/(SDE-EIA: Teacher Supply Addition) The Department of Education is authorized to carry forward the amount necessary from EIA funds not expended in the prior fiscal year to increase the teacher supply allocation, as provided for elsewhere in this act, to $275./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Section 1A, as amended, was adopted.
The motion of Rep. COOPER to reconsider the vote whereby Section 1, Part 1B was adopted was taken up and agreed to.
Rep. MULVANEY moved to reconsider the vote whereby Amendment No. 210 was adopted, which was agreed to.
Rep. COOPER moved to table the amendment, which was agreed to.
Section 1 was adopted.
The motion of Rep. COOPER to reconsider the vote whereby Section 64, Part IA was adopted was taken up and agreed to.
Column 3 Column 4
436,288 436,288
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Section 64, as amended, was adopted.
The motion of Rep. COOPER to reconsider the vote whereby Section 68, Part IA was adopted was taken up and agreed to.
Rep. COOPER proposed the following Amendment No. 159 (Doc Name h:\legwork\house\amend\h-wm\001\dc debt svc 420k.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 68, DEBT SERVICE, page 338, line 19, opposite /sc resources auth debt srvc/ by decreasing the amount(s) in Columns 3 and 4 by:
Column 3 Column 4
420,000 420,000
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Section 68, as amended, was adopted.
The motion of Rep. COOPER to reconsider the vote whereby Section 73 was adopted was taken up and agreed to.
Rep. COOPER proposed the following Amendment No. 313 (Doc Name h:\legwork\house\amend\h-wm\001\debt svc & bal.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 550, paragraph 73.12, line 19, opposite (1) Unobligated Surplus in Part IA, by striking: /62,419,971;/ and inserting: /62,019,971;/
Amend further, as and if amended, page 557, after line 7, by adding an appropriately numbered paragraph to read:
/ (SR: Excess Debt Service Funds Carry Forward) Of the Fiscal Year 2006-07 Excess Debt Service funds carried forward by provision in Section 68, Debt Service, the State Treasurer's Office is directed to credit $451,557 to the General Fund in Fiscal Year 2007-08 to be used as a source to support appropriations. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COOPER explained the amendment.
The amendment was then adopted.
Section 73, as amended, was adopted.
Rep. COOPER gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.
Rep. COOPER moved to table all pending motions to reconsider, which was agreed to.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. COOPER demanded the yeas and nays which were taken, resulting as follows:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland G. Brown R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Littlejohn Loftis Lucas Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Viers Walker Whipper White Whitmire Williams Witherspoon Young
Kennedy
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 3620. Had I been present, I would have voted "yea" in favor of the Bill.
Rep. Laurie Slade Funderburk
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 9, 35, 36A, 36, 38, 42, 43, 44, 45, 46, 49, 51, 53, 55, 63, 63B, 64, and 65
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. PAUL AGNEW
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, Section 51
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or
Rep. TERRY ALEXANDER
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 35, 36A, 36, 38, 39, 43, 44, 45, 46, 49, 51, 55, 63, 63B, 64, and 65
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. KARL ALLEN
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 9, 35, 36A, 36, 38, 40, 42, 43, 44, 45, 46, 47, 49, 50, 51, 53, 55, 63, 63B, 64, and 65
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. BRUCE BANNISTER
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, Section 22
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. KENNETH BINGHAM
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 9, 40, 42, 43, 44, 45, 46, 47, 50, 51, 53, 55, 63, 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. HARRY CATO
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 42, 42A, 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. CONVERSE CHELLIS
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 9, 35, 36A, 36, 38, 42, 43, 44, 45, 46, 48, 49, 50, 51, 53, 55, 63, 63B, 64, and 65
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. ALAN D. CLEMMONS
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, Section 11 and Part IB, Sections 11-J16
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. WILLIAM CLYBURN
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 9, 28, 30, 35, 36, 36A, 38, 43, 44, 45, 46, 49, 51, 55, 63, 63B, 64, and 65
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
Rep. CREIGHTON B. COLEMAN
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 9, 35, 36A, 36, 38, 40, 42, 43, 44, 45, 46, 47, 49, 50, 51, 53, 55, 63, 63B, 64, and 65
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. BILL COTTY
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 9, 35, 36A, 36, 38, 43, 44, 45, 46, 49, 51, 53, 55, 63, 63B, 64, and 65
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. F. GREG DELLENEY
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:
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. LAURIE SLADE FUNDERBURK
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, Section 22
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. MICHAEL GAMBRELL
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 9, 24, 32, 40, 50, 53, 64, 65, and 69C
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.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself,
Rep. BEN A. HAGOOD, JR.
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
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 1AA, 9, 35, 36A, 36, 38, 42, 43, 44, 45, 46, 49, 51, 53, 55, 63, 63B, 64, and 65
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
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. CHRISTOPHER HART
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
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. DOUG JENNINGS
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 9, 35, 36A, 36, 38, 43, 44, 45, 46, 49, 51, 53, 55, 63, 63B, 64, and 65
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. KEITH KELLY
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, Section 5N
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. ROBERT LEACH
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 9, 35, 36A, 36, 38, 43, 44, 45, 46, 49, 51, 55, 63, 63B, 64, and 65
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. JAY LUCAS
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 IB, Section 9
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. DAVID J. MACK III
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 IB, Section 35.11
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. B. R. SKELTON
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 9, 35, 36A, 36, 38, 43, 44, 45, 46, 49, 51, 53, 55, 63, 63B. 64, and 65
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. FLETCHER N. SMITH
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 7, 8, 9, 20, 35, 36, 36A, 38, 39, 40, 42, 43, 44, 45, 46, 49, 51, 53, 55, 60, 63, 64, and 65
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
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.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or
Rep. G. MURRELL SMITH, JR.
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 3, 8, 9, 28, 30, 32, 45, 55, 64, and 65
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. W. DOUG SMITH
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 9, 35, 36A, 36, 38, 40, 42, 43, 44, 45, 46, 49, 50, 51, 53, 55, 63, 63B, 64, and 65
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. LEON STAVRINAKIS
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 9, 35, 36A, 36, 38, 40, 42, 43, 44, 45, 46, 49, 50, 51, 53, 55, 63, 63B, 64, and 65
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. SCOTT F. TALLEY
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, Section 69A.1
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. DAVID UMPHLETT, JR.
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 35, 36, 36A, 38, 43, 44, 45, 46, 51, 53, 55, 63, 63B, 64, and 65
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
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.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or
Rep. J. DAVID WEEKS
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 9, 35, 36A, 36, 38, 43, 44, 45, 46, 49, 51, 53, 55, 63, 63B, 64, and 65
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. J. SETH WHIPPER
H. 3621--AMENDED AND ORDERED TO THIRD READING
The following Joint Resolution was taken up:
H. 3621 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2006-2007.
Rep. COTTY proposed the following Amendment No. 3 (Doc Name h:\legwork\house\amend\h-wm\001\crf-richland cnty mh comm bldg.doc), which was adopted:
Amend the joint resolution, as and if amended, page 2, line 33, opposite /LRADAC - New Building/ by striking: /5,200,000/ and by inserting: /5,150,000/
Amend further, as and if amended, page 2, after line 33, by adding an appropriately numbered item to read:
/( ) Department of Mental Health
Richland County Mental Health
Commission Building Projects
50,000/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Reps. MCLEOD, TAYLOR, DUNCAN, PINSON, CLYBURN, AGNEW, PARKS and MOSS proposed the following Amendment No. 4 (Doc Name h:\legwork\house\amend\h-wm\001\crf-westview-mcl.doc), which was tabled:
Amend the joint resolution, as and if amended, page 2, line 33, opposite /LRADAC - New Building/ by striking: /5,200,000/ and by inserting: /2,600,000/
Amend further, as and if amended, page 2, after line 33, by adding appropriately numbered items to read:
/( ) Department of Alcohol and Other
Drug Abuse Services
Westview Behavioral Health
Services Regional Facility 2,600,000;
( ) (Westview Behavioral Health Services Regional Facility) The funds appropriated for the Westview Behavioral Health Services regional facility shall be for an in-patient facility for the Western Carolina area which includes the counties of Abbeville, Edgefield, Greenwood, Laurens, McCormick, Newberry, and Saluda Counties./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. MCLEOD explained the amendment.
Rep. COTTY moved to table the amendment.
Rep. MCLEOD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Ballentine Bannister Barfield Battle Bingham
Bowen Brady Brantley Cato Chalk Chellis Clemmons Cooper Cotty Crawford Edge Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Herbkersman Hinson Howard Huggins Leach Limehouse Loftis Lucas Merrill Mulvaney J. H. Neal Ott Perry E. H. Pitts Rice Sandifer Scott Skelton G. M. Smith J. R. Smith Spires Stewart Toole Umphlett Viers Walker White Witherspoon Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bedingfield Bowers Branham Breeland R. Brown Ceips Clyburn Cobb-Hunter Coleman Dantzler Davenport Delleney Duncan Frye Harvin Haskins Hayes Hiott Hodges Hosey Jefferson Jennings Kennedy Kirsh Knight Littlejohn Mahaffey McLeod Miller Mitchell Moss J. M. Neal Neilson Owens Parks Pinson Scarborough Sellers Simrill D. C. Smith G. R. Smith Stavrinakis Taylor Thompson Whipper Williams
Rep. J. H. NEAL spoke upon the Joint Resolution.
The question then recurred to the passage of the Joint Resolution, as amended, on second reading.
Rep. COOPER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley Breeland R. Brown Cato Ceips Chalk Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Gambrell Govan Gullick Hagood Haley Hamilton Hardwick Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kelly Kennedy Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts Rice Sandifer
Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Spires Stavrinakis Stewart Talley Taylor Thompson Toole Umphlett Viers Walker Whipper White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
So, the Joint Resolution, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 3621. Had I been present, I would have voted "yea" in favor of the Joint Resolution.
Rep. Laurie Slade Funderburk
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, Section 1, Item 12
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself,
Rep. KENNETH BINGHAM
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, Section 1, Item 12
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. NIKKI HALEY
Rep. COOPER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3308 (Word version) -- Reps. Miller, Viers, Anderson, Hardwick, Leach, Limehouse, Duncan, Ceips, Hodges, Lowe, Scarborough, Witherspoon, Young, Hagood and R. Brown: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND CONGRESS OF THE UNITED STATES, THE GOVERNOR, AND THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, AND ENTITIES UNDERWRITING HOMEOWNERS INSURANCE POLICIES IN SOUTH CAROLINA TO ACT WITH ALL DUE EXPEDIENCY TO ADDRESS THE HOMEOWNERS INSURANCE CRISIS FACING OWNERS OF PROPERTY SITUATED IN COUNTIES BORDERING THE SOUTH CAROLINA COAST.
H. 3707 (Word version) -- Reps. Govan, Clyburn, Cobb-Hunter, Hosey, Ott, Sellers, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers,
H. 3714 (Word version) -- Rep. J. E. Smith: A CONCURRENT RESOLUTION CONGRATULATING THE NATCHEZ INDIAN TRIBE OF SOUTH CAROLINA ON THE DISTINGUISHED HONOR OF ITS RECOGNITION AS A "GROUP" BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS ON FEBRUARY 2, 2007.
H. 3720 (Word version) -- Reps. Scott, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice,
At 6:30 p.m. the House, in accordance with the motion of Rep. SCOTT, adjourned in memory of John H. "BoBo" Entzminger of Columbia, to meet at 10:00 a.m. tomorrow.
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