South Carolina General Assembly
117th Session, 2007-2008
Journal of the House of Representatives

Wednesday, March 14, 2007
(Statewide Session)

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 18:31: "For who is God besides the Lord? And who is the Rock except our God?"
Let us pray. Grant us, O Lord, the strength to confront those things that are difficult and the courage to work for justice. Empower these Representatives to trust in You to help them make the right decisions in our work today. Give them the strength to persevere until the work is concluded. 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.

MOTION ADOPTED

Rep. HART moved that when the House adjourns, it adjourn in memory of A. T. Brown of Columbia, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family of House of Representatives employee Mary Denis Clark Cauthen in the death of her father, John Clark.

REPORTS OF STANDING COMMITTEE

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 3696 (Word version) -- Reps. Barfield and Leach: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO AMEND THE CONSTITUTION OF THE UNITED STATES, PURSUANT TO ARTICLE V OF THE CONSTITUTION OF THE UNITED STATES, AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO RECOGNIZE MARRIAGE AS THE UNION OF ONE MAN AND ONE WOMAN.
Ordered for consideration tomorrow.

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

S. 358 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO REAFFIRM THE GENERAL ASSEMBLY'S COMMITMENT TO OPEN GOVERNMENT IN SOUTH CAROLINA; TO RECOGNIZE THE ROLE PLAYED BY THE FREEDOM OF INFORMATION ACT IN OPEN GOVERNMENT AND TO EXPRESS APPRECIATION TO THE SOUTH CAROLINA PRESS ASSOCIATION FOR ITS ROLE IN PROMOTING OPEN GOVERNMENT; TO DECLARE MARCH 11, 2007, AS "SUNSHINE SUNDAY" AND MARCH 11-17, 2007, AS "OPEN GOVERNMENT WEEK IN SOUTH CAROLINA" AND TO ENCOURAGE PARTICIPATION IN THESE ACTIVITIES COMMEMORATING OUR OPEN, DEMOCRATIC GOVERNMENT.
Ordered for consideration tomorrow.

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

S. 494 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 64 FROM THE INTERSECTION OF HIGHWAYS 64 AND 17 TO THE INTERSECTION OF HIGHWAYS 64 AND 17A, FROM JACKSONBORO TO WALTERBORO, IN HONOR OF ANNIE MAE KINSEY AND TO INSTALL APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTION CONTAINING THE WORDS "ANNIE MAE KINSEY HIGHWAY".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 3705 (Word version) -- Rep. Viers: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STUDENT LEGISLATURE TO USE THE HOUSE CHAMBER ON OCTOBER 31, NOVEMBER 1, AND NOVEMBER 2, 2007, AND THE AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON OCTOBER 31, 2007, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERK OF THE HOUSE.

Whereas, the South Carolina Student Legislature encourages the youth of our State to develop enthusiasm and appreciation for governmental and community issues; and

Whereas, the South Carolina Student Legislature has produced many great leaders throughout our State and nation. Now, therefore,

Be it resolved by the House of Representatives:

That the South Carolina Student Legislature is allowed the use of the House Chamber on October 31, November 1, and November 2, 2007, and the Blatt Office Building on October 31, 2007, from 8:30 a.m. until 5:00 p.m. If the General Assembly is in statewide session on any of these days or if the House Chamber is otherwise unavailable, the House Chamber and the Blatt Building may not be used on those dates.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3706 (Word version) -- Reps. Duncan and Talley: A CONCURRENT RESOLUTION TO EXPRESS THE DISAPPROVAL OF THE SOUTH CAROLINA GENERAL ASSEMBLY OF THE ENACTMENT OF LEGISLATION REGARDING LABOR UNION ELECTIONS, AND TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO REJECT THESE MEASURES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

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, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, 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, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DESIREE LEWIS OF ORANGEBURG ON BEING CROWNED MISS BLACK SOUTH CAROLINA USA 2007 AND WISH HER MUCH SUCCESS DURING HER REIGN AND IN ALL HER FUTURE ENDEAVORS.

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

HOUSE RESOLUTION

The following was introduced:

H. 3708 (Word version) -- Reps. Harrell, Leach, Thompson, 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, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, 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, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE UNIVERSITY OF SOUTH CAROLINA HEAD FOOTBALL COACH STEVE SPURRIER AND THE UNIVERSITY OF SOUTH CAROLINA FOOTBALL TEAM FOR AN OUTSTANDING 2006 SEASON WHICH CONCLUDED WITH A TOTAL OF EIGHT WINS INCLUDING A VICTORY OVER HOUSTON IN THE LIBERTY BOWL IN MEMPHIS AND FOR BRINGING TO THE GAMECOCK PROGRAM A RENEWED SENSE OF PRIDE AND ACCOMPLISHMENT.

Whereas, under the direction of Head Coach Steve Spurrier, the University of South Carolina football team recently concluded an outstanding 2006 season with eight wins including a thrilling high-scoring victory over Houston in the Liberty Bowl in Memphis; and

Whereas, as a quarterback for the University of Florida, Coach Spurrier won the Heisman Trophy in 1966, which symbolizes the best collegiate player for that year; and

Whereas, in 1983, he first became a head coach for Tampa Bay of the USFL and in 1987 began his college coaching career as a head coach at Duke University winning the ACC title before he moved on to Florida in 1990, where he won six outright SEC titles and one national championship; and

Whereas, in his first season at Carolina, Coach Spurrier led the Gamecocks to a 7-5 record and a second place finish in the SEC Eastern Division. For this accomplishment, he was honored as the SEC Coach of the Year by the Associated Press; and

Whereas, as the University of South Carolina's thirty-second head coach, he has inspired the Gamecock players, alumni, fans, and supporters to believe that any football goal is possible to achieve through hard work, team work, and perseverance and the performance of the 2006 team gives evidence to this; and

Whereas, as a result of two excellent years under Coach Spurrier, the Gamecocks 2007 recruiting class is ranked by most analysts in the top ten nationally, and by some, in the top five nationally which should help make the Gamecocks a strong force in the Southeastern Conference for many years to come; and

Whereas, perhaps the biggest attribute Coach Spurrier brings to South Carolina is his reputation as a coach of integrity, who follows the rules while at the same time expecting his team to compete to the very best of its ability on the field; and

Whereas, the members of the House of Representatives, by this resolution, would like to congratulate Steve Spurrier and his University of South Carolina football team on its great 2006 season and thank Coach Spurrier and his players for bringing wonderful credit and recognition not only upon themselves, but upon their university and State as well. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina congratulate University of South Carolina Head Football Coach Steve Spurrier and the University of South Carolina football team for an outstanding 2006 season which concluded with a total of eight wins including a victory over Houston in the Liberty Bowl, in Memphis, and for bringing to the Gamecock program a renewed sense of pride and accomplishment.

Be it further resolved that a copy of this resolution be presented to the University of South Carolina Head Football Coach Steve Spurrier.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 559 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. JANIE LANGLEY FOR BEING NAMED SOUTH CAROLINA MIDDLE SCHOOL PRINCIPAL OF THE YEAR AND TO THANK HER FOR HER TIRELESS DEDICATION IN MAKING MACEDONIA MIDDLE SCHOOL A SOURCE OF PRIDE TO HER DISTRICT AND COMMUNITY.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 560 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO COMMEND DR. LIAM FOX, MEMBER OF PARLIAMENT, FOR HIS TRULY DISTINGUISHED CAREER AS A MEMBER OF THE HOUSE OF COMMONS AND IN THE FIELD OF MEDICINE, AND TO RECOGNIZE HIS DEDICATION TO THE CITIZENS OF WOODSPRING AND THE UNITED KINGDOM FOR HIS EFFORTS TO STRENGTHEN THE RELATIONSHIP BETWEEN THE UNITED KINGDOM AND THE UNITED STATES.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 573 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO HONOR DR. SHARON L. BUDDIN, PRINCIPAL OF BLYTHEWOOD HIGH SCHOOL, FOR HER THIRTY-EIGHT YEARS OF SERVICE AS AN EDUCATOR UPON THE OCCASION OF HER RETIREMENT, AND TO EXTEND BEST WISHES FOR MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 3709 (Word version) -- Reps. Thompson, Cotty, Brady, Chellis, Harrison, Kirsh, Lowe, Lucas, Merrill, Sandifer, Whitmire and Young: A BILL TO AMEND SECTION 57-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HIGHWAY FUND, THE STATE NON-FEDERAL AID HIGHWAY FUND, AND FINANCIAL OPERATIONS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE THE GENERAL ASSEMBLY AFFIRMATIVELY TO APPROPRIATE THE REVENUES OF THESE FUNDS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO THE DEPARTMENT OF TRANSPORTATION IN THE SAME MANNER THAT GENERAL FUND REVENUES ARE APPROPRIATED FOR THE OPERATIONS OF CABINET AGENCIES, TO PROHIBIT THE APPROPRIATION OF THESE REVENUES FOR ANY PURPOSE UNRELATED TO THE MISSION AND OPERATIONS OF THE DEPARTMENT OF TRANSPORTATION, TO ESTABLISH PRIORITIES IN THE APPROPRIATION OF THESE FUNDS, AND TO ADJUST THE STATE BUDGET PROCESS TO REFLECT THESE CHANGES.
Referred to Committee on Ways and Means

H. 3710 (Word version) -- Rep. McLeod: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE THAT IN A COUNTY DESIGNATED "MODERATELY DEVELOPED" WHICH IS CONTIGUOUS TO AT LEAST FOUR COUNTIES DESIGNATED "DISTRESSED" OR "LEAST DEVELOPED", THE CREDIT ALLOWED IS ONE TIER HIGHER THAN THE CREDIT FOR WHICH THE COUNTY WOULD OTHERWISE QUALIFY.
Referred to Committee on Ways and Means

H. 3711 (Word version) -- Reps. Sandifer and Whitmire: A BILL TO AMEND CHAPTER 25, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING THE CHAPTER KNOWN AS THE "JOINT MUNICIPAL WATER SYSTEMS ACT" AS THE "JOINT AUTHORITY WATER AND SEWER SYSTEMS ACT", SO AS TO PROVIDE FOR THE APPOINTMENT OF MEMBERS OF A JOINT AUTHORITY WATER AND SEWER SYSTEM COMMISSION, TO PROVIDE THAT A COMMISSION MAY CONSIST OF NO MORE THAN ELEVEN MEMBERS, TO PROVIDE THAT A CHANGE IN THE MEMBERSHIP OF A JOINT SYSTEM IS NOT FINAL UNTIL NOTICE OF THE CHANGE IS FILED WITH THE SECRETARY OF STATE, TO PROVIDE THAT A JOINT SYSTEM MAY ENTER A CONTRACT TO SELL WATER OR PROVIDE SEWER SERVICE, AMONG OTHER THINGS; AND TO MAKE CONFORMING AND TECHNICAL CHANGES THROUGHOUT THE CHAPTER.
Referred to Committee on Labor, Commerce and Industry

H. 3712 (Word version) -- Rep. Witherspoon: A BILL TO AMEND CHAPTER 27, TITLE 48, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF FORESTERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, TO FURTHER PROVIDE FOR AND CLARIFY PROFESSIONAL FORESTRY STANDARDS AND PRACTICES, TO REVISE PROCEDURES FOR LICENSING OF FORESTRY PROFESSIONALS, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3713 (Word version) -- Rep. Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-735 SO AS TO PROVIDE THAT THE EMPLOYEE INSURANCE PROGRAM OF THE BUDGET AND CONTROL BOARD IS DIRECTED TO DEVELOP, FOR EMPLOYEES AND THEIR SPOUSES WHO PARTICIPATE IN THE HEALTH PLANS OFFERED BY THE EMPLOYEE INSURANCE PROGRAM, AN INCENTIVE PLAN IN ORDER TO ENCOURAGE PARTICIPATION IN PROGRAMS THAT PROMOTE HEALTH AND PREVENTION OF DISEASE, AND TO PROVIDE THAT THE EMPLOYEE INSURANCE PROGRAM, UPON APPROVAL OF THE BUDGET AND CONTROL BOARD, IS FURTHER DIRECTED TO IMPLEMENT A PREMIUM REDUCTION OR OTHER FINANCIAL INCENTIVE, BEGINNING ON JANUARY 1, 2008, FOR THOSE EMPLOYEES AND THEIR SPOUSES WHO PARTICIPATE IN THESE PROGRAMS.
Referred to Committee on Ways and Means

H. 3715 (Word version) -- Rep. Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750 SO AS TO DEFINE CERTAIN TERMS FOR PURPOSES OF THE SECTION AND TO PROVIDE AN ENHANCED PENALTY FOR PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO COMMIT CERTAIN DELINEATED CRIMINAL SEXUAL CONDUCT, EXPLOITATION OF A MINOR, OR KIDNAPPING OFFENSES AGAINST A STUDENT.
Referred to Committee on Judiciary

S. 103 (Word version) -- Senators Jackson, Lourie, Gregory, Fair, Ford and Knotts: A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLEAN INDOOR AIR ACT, INCLUDING EXCEPTIONS TO PLACES WHERE SMOKING IS PROHIBITED, SO AS TO DELETE PROVISIONS ALLOWING SMOKING IN CERTAIN PRIVATE OFFICES AND TEACHER LOUNGES AT SCHOOLS; AND BY ADDING SECTION 59-1-485 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO SMOKE OR POSSESS LIGHTED SMOKING MATERIAL IN OUTDOOR AREAS OF PUBLIC SCHOOLS AND PRESCHOOLS AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary

S. 213 (Word version) -- Senators Lourie, Hayes, Fair, Setzler, Courson, Vaughn, Cromer, Leatherman, McGill, Knotts, Alexander and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "PREVENTION OF UNDERAGE DRINKING AND ACCESS TO ALCOHOL ACT OF 2007" SO AS TO ADD ARTICLE 19, CHAPTER 4, TITLE 61 TO REQUIRE THE REGISTRATION OF KEGS, TO DEFINE TERMS ASSOCIATED WITH THE ARTICLE, TO PROVIDE A PROCEDURE FOR THE REGISTRATION OF KEGS, AND TO PROVIDE FINES FOR VIOLATIONS; TO AMEND ARTICLE 13, CHAPTER 6, TITLE 61, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL ACT, BY ADDING SECTION 61-6-4075, SO AS TO CREATE THE OFFENSE OF ILLEGAL PURCHASE OF ALCOHOLIC LIQUORS FOR ANOTHER'S CONSUMPTION ON THE PREMISES AND TO PROVIDE A PENALTY, AND BY ADDING SECTION 61-6-4085, SO AS TO REQUIRE CRIMINAL CHARGES TO BE BROUGHT AGAINST BOTH THE SELLER AND PURCHASER REGARDING THE ILLEGAL SALE OF ALCOHOLIC LIQUORS TO MINORS AND TO CREATE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, BOTH AS AMENDED, RELATING TO PURCHASE OR POSSESSION OF BEER, WINE, AND ALCOHOLIC LIQUORS, SO AS TO EQUALIZE THE PENALTIES FOR THE OFFENSES, TO REQUIRE THAT THE VIOLATOR COMPLETE AN ALCOHOL EDUCATION PROGRAM, AND TO PROVIDE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-1-746, RELATING TO DRIVER'S LICENSE SUSPENSION FOR CERTAIN OFFENSES INVOLVING THE UNLAWFUL PURCHASE OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUORS BY MINORS, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND REQUIRE NOTIFICATION OF THE MINOR'S PARENT WHEN THE MINOR'S DRIVER'S LICENSE IS SUSPENDED; TO AMEND SECTION 61-4-50, RELATING TO THE UNLAWFUL SALE OF BEER OR WINE TO MINORS, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND TO REQUIRE THE VIOLATOR TO COMPLETE AN ALCOHOL EDUCATION PROGRAM; TO AMEND SECTION 61-4-60, RELATING TO A MINOR'S GIVING FALSE INFORMATION AS TO AGE FOR THE PURPOSE OF PURCHASING BEER OR WINE, SO AS TO INCREASE THE PENALTY SO IT IS EQUAL TO THE SIMILAR OFFENSE INVOLVING ALCOHOLIC LIQUORS; TO AMEND SECTION 61-4-80, RELATING TO THE PURCHASE OF BEER OR WINE FOR ANOTHER'S CONSUMPTION ON PREMISES, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 61-4-90, AS AMENDED, RELATING TO TRANSFER OF BEER OR WINE FOR A MINOR'S CONSUMPTION, SO AS TO REVISE THE PENALTIES AND TO PROVIDE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 61-4-100, RELATING TO REQUIRING CRIMINAL CHARGES TO BE BROUGHT AGAINST BOTH THE SELLER AND PURCHASER REGARDING THE ILLEGAL SALE AND PURCHASE OF BEER OR WINE BY A MINOR, SO AS TO CREATE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 61-6-4070, AS AMENDED, RELATING TO TRANSFER OF ALCOHOLIC LIQUORS FOR A MINOR'S CONSUMPTION, SO AS TO REVISE THE PENALTIES AND TO PROVIDE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 61-6-4080, RELATING TO THE SALE OF ALCOHOLIC LIQUORS TO MINORS, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND TO REQUIRE THE VIOLATOR TO COMPLETE AN ALCOHOL EDUCATION PROGRAM.
Referred to Committee on Judiciary

S. 291 (Word version) -- Senators Ritchie, McConnell, Malloy, Sheheen, Peeler, Courson, Setzler, Mescher, Gregory, Anderson and Cleary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-104-25 SO AS TO PROVIDE THAT A RESIDENT STUDENT WHO HAS COMPLETED AT LEAST THIRTY CREDIT HOURS AND IS ATTENDING A PUBLIC OR PRIVATE INSTITUTION IN THIS STATE, MAJORING IN SCIENCE OR MATHEMATICS, AND RECEIVING A PALMETTO FELLOWS SCHOLARSHIP SHALL RECEIVE AN ADDITIONAL PALMETTO FELLOWS LOAN FOR THE REMAINDER OF HIS UNDERGRADUATE TERM IF HE MEETS CERTAIN CONDITIONS, INCLUDING MAKING SATISFACTORY ACADEMIC PROGRESS TOWARD RECEIVING AN UNDERGRADUATE DEGREE IN SCIENCE OR MATHEMATICS, TO PROVIDE THAT A SCIENCE OR MATHEMATICS MAJOR INCLUDES AN ENGINEERING MAJOR, AND TO PROVIDE THAT THE RECIPIENT OF THE LOAN MAY HAVE THE LOAN CANCELED PURSUANT TO CERTAIN CONDITIONS; AND BY ADDING SECTION 59-149-15 SO AS TO PROVIDE THAT A RESIDENT STUDENT WHO HAS COMPLETED AT LEAST THIRTY CREDIT HOURS AND IS ATTENDING A PUBLIC OR PRIVATE INSTITUTION IN THIS STATE, MAJORING IN SCIENCE OR MATHEMATICS, AND RECEIVING A LIFE SCHOLARSHIP SHALL RECEIVE AN ADDITIONAL LIFE LOAN FOR THE REMAINDER OF HIS UNDERGRADUATE TERM IF HE MEETS CERTAIN CONDITIONS, INCLUDING MAKING SATISFACTORY ACADEMIC PROGRESS TOWARD RECEIVING AN UNDERGRADUATE DEGREE IN SCIENCE OR MATHEMATICS, TO PROVIDE THAT A SCIENCE OR MATHEMATICS MAJOR INCLUDES AN ENGINEERING MAJOR, AND TO PROVIDE THAT THE RECIPIENT OF THE LOAN MAY HAVE THE LOAN CANCELED PURSUANT TO CERTAIN CONDITIONS.
Referred to Committee on Education and Public Works

S. 448 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-360 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE OR ATTEMPT TO TAKE ELK EXCEPT AS PERMITTED BY REGULATION OF THE DEPARTMENT AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

CONCURRENT RESOLUTION

The following was introduced:

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.

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

ROLL CALL

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

Agnew                  Alexander              Allen
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            Cooper
Crawford               Dantzler               Delleney
Duncan                 Frye                   Funderburk
Gambrell               Govan                  Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Harvin                 Hayes
Herbkersman            Hinson                 Hiott
Hodges                 Hosey                  Howard
Huggins                Jefferson              Kelly
Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Mack
Mahaffey               McLeod                 Merrill
Miller                 Mitchell               Moss
Mulvaney               J. M. Neal             Ott
Owens                  Parks                  Phillips
Pinson                 E. H. Pitts            Rice
Sandifer               Scarborough            Scott
Sellers                Shoopman               Simrill
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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 14.

Carl Anderson                     Skipper Perry
Fletcher Smith                    Tracy Edge
Joseph Neal                       Denny Neilson
Thad Viers                        Creighton Coleman
Gloria Haskins                    Kenneth Kennedy
Bill Cotty                        G. Murrell Smith
Ted Vick                          Douglas Jennings
Todd Rutherford                   Ralph Davenport

Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. COTTY a temporary leave of absence to attend a funeral.

DOCTOR OF THE DAY

Announcement was made that Dr. Steven Ross of Florence was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3240 (Word version)
Date:   ADD:
03/14/07   HARRELL

CO-SPONSOR ADDED

Bill Number:   H. 3547 (Word version)
Date:   ADD:
03/14/07   BALLENTINE

CO-SPONSOR ADDED

Bill Number:   H. 3548 (Word version)
Date:   ADD:
03/14/07   BALLENTINE

CO-SPONSOR ADDED

Bill Number:   H. 3284 (Word version)
Date:   ADD:
03/14/07   LOWE

CO-SPONSOR ADDED

Bill Number:   H. 3138 (Word version)
Date:   ADD:
03/14/07   MCLEOD

H. 3620--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Section 22, Part IA.

H. 3620--THE GENERAL APPROPRIATION BILL

H. 3620 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2007; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR; TO AMEND SECTION 12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATES AND INCOME BRACKETS APPLICABLE FOR INDIVIDUALS, ESTATES, AND TRUSTS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO REDUCE THE TOP MARGINAL TAX RATE FROM SEVEN PERCENT TO 6.83 PERCENT AND TO UPDATE THE BRACKETS TO REFLECT PAST INFLATION ADJUSTMENTS; TO RETITLE ARTICLE 5, CHAPTER 11, TITLE 1, RELATING TO EMPLOYEES AND RETIREMENT INSURANCE AS "EMPLOYEES AND RETIREES INSURANCE-ACCOUNTING FOR POST-EMPLOYMENT BENEFITS", TO MAKE FINDINGS WITH RESPECT TO THE STATE'S COMPLIANCE WITH NEW REQUIREMENTS OF THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD FOR POST-EMPLOYMENT BENEFITS; BY ADDING SECTIONS 1-11-703, 1-11-705, AND 1-11-707 SO AS TO ESTABLISH THE SOUTH CAROLINA RETIREE HEALTH INSURANCE TRUST FUND (SCRHI TRUST FUND) AND THE SOUTH CAROLINA LONG TERM DISABILITY INSURANCE TRUST FUND AS THE METHOD OF PAYING AND ACCOUNTING FOR RETIREE HEALTH INSURANCE PREMIUMS AND BASIC LONG TERM DISABILITY INCOME BENEFIT PLAN PREMIUMS IN COMPLIANCE WITH NEW ACCOUNTING STANDARDS, TO PROVIDE FOR THE ACTUARIAL FUNDING AND INVESTMENT OF THE ASSETS OF THESE TRUST FUNDS, AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 1-11-710, RELATING TO THE STATE HEALTH AND DENTAL PLANS, SO AS TO PROVIDE FUNDING FOR THE SCRHI TRUST FUND BY MEANS OF INCREASED EMPLOYER CONTRIBUTION RATES; AND TO AMEND SECTION 1-11-730, RELATING TO PERSONS ELIGIBLE FOR POST-EMPLOYMENT PARTICIPATION IN THE STATE HEALTH AND DENTAL PLANS AND ELIGIBILITY FOR EMPLOYER PAID PREMIUMS FOR RETIREES, SO AS TO CONFORM THE PAYMENT OF EMPLOYER PREMIUMS FOR RETIREES TO THE REVISED METHOD PROVIDED IN THIS ACT, PROSPECTIVELY TO REVISE THE ELIGIBILITY REQUIREMENTS FOR EMPLOYER PAID PREMIUMS FOR RETIREES; AND TO DELETE AN OBSOLETE PROVISION; AND BY ADDING SECTION 11-43-165 SO AS TO PROVIDE THAT THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ANNUALLY SHALL SET ASIDE FIVE MILLION DOLLARS FOR THE USE OF THE DEPARTMENT OF TRANSPORTATION FOR THE INTERSTATE 73 AND INTERSTATE 74 PROJECTS.

PART IA

SECTION 22--ADOPTED

Rep. WITHERSPOON proposed the following Amendment No. 220 (Doc Name h:\legwork\house\amend\h-wm\004\witherspoon.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 22, DEPARTMENT OF AGRICULTURE, page 160, line 27, opposite /SC Quality Program/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

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

Rep. WITHERSPOON explained the amendment.

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

Rep. FUNDERBURK proposed the following Amendment No. 170 (Doc Name h:\legwork\house\amend\council\dka\3237mm07.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 22, DEPARTMENT OF AGRICULTURE, page 158, immediately after line 31, by inserting a new line to read:

Column 3   Column 4
SNAP (State Nutrition Assistance Program)

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

Rep. FUNDERBURK explained the amendment.

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

Section 22 was adopted.

SECTION 23A

Section 23A was adopted.

SECTION 24--ADOPTED

Rep. WITHERSPOON proposed the following Amendment No. 161 (Doc Name h:\legwork\house\amend\h-wm\010\dnr boating.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 176, immediately after line 20, by inserting a new line to read:

Column 3   Column 4
Recreational Boating Access Grant Program

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

Rep. WITHERSPOON explained the amendment.

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

Section 24 was adopted.

SECTION 26

Section 26 was adopted.

SECTION 27--AMENDED AND ADOPTED

Rep. HOSEY proposed the following Amendment No. 12 (Doc Name h:\legwork\house\amend\h-wm\003\hosey allendale cty eco $1m.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 27, DEPARTMENT OF COMMERCE, page 184, immediately after line 36, by inserting a new line to read:

Column 3   Column 4
Allendale County Economic Development

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

Rep. HOSEY explained the amendment.

Rep. HINSON moved to table the amendment.

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

Yeas 65; Nays 39

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Cato
Ceips                  Chellis                Clemmons
Cooper                 Crawford               Dantzler
Delleney               Duncan                 Edge
Frye                   Gambrell               Gullick
Hagood                 Haley                  Hardwick
Harrell                Harrison               Hinson
Hiott                  Huggins                Kelly
Kirsh                  Knight                 Leach
Limehouse              Littlejohn             Lucas
Mahaffey               Merrill                Mulvaney
Owens                  Perry                  Pinson
E. H. Pitts            Rice                   Scarborough
Shoopman               Simrill                Skelton
D. C. Smith            G. R. Smith            J. R. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Viers
Walker                 White                  Whitmire
Witherspoon            Young

Total--65

Those who voted in the negative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Bowers
Branham                Brantley               Breeland
G. Brown               R. Brown               Chalk
Clyburn                Cobb-Hunter            Funderburk
Govan                  Hart                   Harvin
Hayes                  Hodges                 Hosey
Howard                 Jefferson              Mack
McLeod                 Miller                 Mitchell
Moss                   J. H. Neal             J. M. Neal
Ott                    Phillips               Scott
Sellers                F. N. Smith            Vick
Weeks                  Whipper                Williams

Total--39

So, the amendment was tabled.

Rep. HOSEY proposed the following Amendment No. 13 (Doc Name h:\legwork\house\amend\h-wm\003\hosey barnwell cty eco $1.5m.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 27, DEPARTMENT OF COMMERCE, page 184, immediately after line 36, by inserting a new line to read:

Column 3   Column 4
Barnwell County Economic Development

1,500,000   1,500,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HOSEY explained the amendment.

Rep. HINSON moved to table the amendment.

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

Yeas 62; Nays 28

Those who voted in the affirmative are:

Bannister              Barfield               Battle
Bedingfield            Bowen                  Cato
Ceips                  Chellis                Clemmons
Cooper                 Crawford               Dantzler
Delleney               Duncan                 Edge
Frye                   Gambrell               Gullick
Hagood                 Haley                  Hardwick
Harrell                Harrison               Hinson
Hiott                  Huggins                Kelly
Kirsh                  Knight                 Leach
Littlejohn             Lowe                   Lucas
Mahaffey               Merrill                Moss
Mulvaney               Owens                  Phillips
Pinson                 Rice                   Scarborough
Shoopman               Simrill                Skelton
D. C. Smith            G. R. Smith            J. R. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Viers
Walker                 White                  Whitmire
Witherspoon            Young

Total--62

Those who voted in the negative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Bowers
Branham                Brantley               Breeland
G. Brown               R. Brown               Clyburn
Cobb-Hunter            Govan                  Hart
Harvin                 Hayes                  Hosey
Howard                 Mack                   McLeod
Miller                 Neilson                Scott
Sellers                Vick                   Weeks
Williams

Total--28

So, the amendment was tabled.

Rep. HINSON proposed the following Amendment No. 53 (Doc Name h:\legwork\house\amend\h-wm\003\hinson engineer.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 27, DEPARTMENT OF COMMERCE, page 187, after line 23, by inserting:

Column 3   Column 4
/new position:

Engineer II     55,000

(FTE 1.00)   /
Amend the bill further, as and if amended, page 188, line 6, opposite /employer contrib./ by increasing the amount in Column 3 by:

Column 3   Column 4

15,400
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. MILLER proposed the following Amendment No. 257 (Doc Name h:\legwork\house\amend\council\bbm\9852htc07.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IA, Section 27, DEPARTMENT OF COMMERCE, page 186, immediately after line 14, by inserting a new line to read:

Column 3   Column 4
Special Economic Development Grants Fund

81,000,000 /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER explained the amendment.

POINT OF ORDER

Rep. COOPER raised the Point of Order that Amendment No. 257 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.

Section 27, as amended, was adopted.

SECTION 29A--ADOPTED

Rep. HAGOOD proposed the following Amendment No. 59 (Doc Name h:\legwork\house\amend\h-wm\003\hagood con bk $2.5 mil.doc), which was rejected:
Amend the bill, as and if amended, Part IA, Section 29A, S.C. CONSERVATION BANK, page 191, line 9, opposite /Conserv. Bank Trust/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

2,500,000   2,500,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HAGOOD explained the amendment.
Rep. HINSON spoke against the amendment.

Rep. HINSON moved to table the amendment.

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

Yeas 41; Nays 64

Those who voted in the affirmative are:

Anderson               Barfield               Bedingfield
Bowen                  Cato                   Clemmons
Cooper                 Dantzler               Frye
Gambrell               Hamilton               Hardwick
Harrell                Haskins                Hinson
Hiott                  Jefferson              Kirsh
Leach                  Littlejohn             Loftis
Lucas                  Mahaffey               Mulvaney
Owens                  Perry                  E. H. Pitts
Rice                   Sandifer               Shoopman
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            Stewart                Taylor
Viers                  Walker                 White
Witherspoon            Young

Total--41

Those who voted in the negative are:

Agnew                  Alexander              Anthony
Bales                  Ballentine             Bannister
Battle                 Bingham                Bowers
Brady                  Branham                Brantley
Breeland               G. Brown               R. Brown
Ceips                  Chellis                Coleman
Crawford               Delleney               Duncan
Edge                   Funderburk             Govan
Gullick                Hagood                 Haley
Harrison               Hart                   Harvin
Hayes                  Herbkersman            Hodges
Hosey                  Howard                 Huggins
Jennings               Kelly                  Kennedy
Knight                 Lowe                   Mack
McLeod                 Merrill                Miller
Moss                   J. H. Neal             Neilson
Ott                    Phillips               Pinson
Scarborough            Scott                  Sellers
Simrill                Spires                 Stavrinakis
Thompson               Toole                  Umphlett
Vick                   Weeks                  Whipper
Williams

Total--64

So, the House refused to table the amendment.

Rep. COOPER spoke against the amendment.
The question then recurred to the adoption of the amendment.

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

Yeas 42; Nays 69

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Bales                  Ballentine             Bannister
Bowers                 Brady                  Branham
Breeland               G. Brown               R. Brown
Ceips                  Coleman                Delleney
Duncan                 Edge                   Funderburk
Gullick                Hagood                 Hart
Harvin                 Herbkersman            Hodges
Huggins                Kelly                  Kennedy
Knight                 Lowe                   Mack
McLeod                 Miller                 Phillips
Scarborough            Scott                  Sellers
Spires                 Stavrinakis            Toole
Umphlett               Vick                   Weeks

Total--42

Those who voted in the negative are:

Anthony                Barfield               Battle
Bedingfield            Bingham                Bowen
Brantley               Cato                   Chellis
Clemmons               Clyburn                Cobb-Hunter
Cooper                 Crawford               Dantzler
Frye                   Gambrell               Govan
Haley                  Hamilton               Hardwick
Harrell                Harrison               Haskins
Hayes                  Hinson                 Hiott
Hosey                  Howard                 Jefferson
Jennings               Kirsh                  Leach
Littlejohn             Loftis                 Lucas
Mahaffey               Merrill                Mitchell
Moss                   Mulvaney               J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            Rice
Sandifer               Shoopman               Simrill
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            Stewart                Taylor
Thompson               Viers                  Walker
Whipper                White                  Whitmire
Williams               Witherspoon            Young

Total--69

So, the amendment was rejected.

RECORD FOR VOTING

I would have voted in favor of Amendment No. 59, however money was mistakenly taken from recurring funds instead of one-time funds. That would have thrown the budget out of balance this year and created a deficit next year.

Rep. Converse Chellis

RECORD FOR VOTING

I would have voted in favor of Amendment No. 59, however money was mistakenly taken from recurring funds instead of one-time funds. That would have thrown the budget out of balance this year and created a deficit next year.

Rep. Kristopher Crawford

LEAVE OF ABSENCE

The SPEAKER granted Rep. NEILSON a temporary leave of absence.

Rep. SCOTT proposed the following Amendment No. 196 (Doc Name h:\legwork\house\amend\h-wm\001\js conserv bank 20.4m.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 29A, S.C. CONSERVATION BANK, page 191, line 9, opposite /conserv. bank trust/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

20,407,641   20,407,641
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:

Yeas 75; Nays 34

Those who voted in the affirmative are:

Anthony                Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Cato
Chellis                Clemmons               Cobb-Hunter
Coleman                Cooper                 Crawford
Dantzler               Delleney               Duncan
Edge                   Frye                   Gambrell
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Hayes                  Hinson
Hiott                  Huggins                Jefferson
Jennings               Kelly                  Kirsh
Knight                 Leach                  Loftis
Lowe                   Lucas                  Mahaffey
Merrill                Mitchell               Moss
Mulvaney               J. H. Neal             Ott
Owens                  Perry                  Pinson
E. H. Pitts            Rice                   Shoopman
Simrill                Skelton                D. C. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Viers                  Walker                 White
Whitmire               Witherspoon            Young

Total--75

Those who voted in the negative are:

Agnew                  Alexander              Anderson
Bales                  Bowers                 Branham
Brantley               Breeland               R. Brown
Ceips                  Chalk                  Clyburn
Cotty                  Funderburk             Hart
Harvin                 Haskins                Herbkersman
Hodges                 Hosey                  Howard
Kennedy                Limehouse              Mack
McLeod                 Miller                 J. M. Neal
Phillips               Scarborough            Scott
Sellers                Weeks                  Whipper
Williams

Total--34

So, the amendment was tabled.

Rep. SCOTT proposed the following Amendment No. 197 (Doc Name h:\legwork\house\amend\h-wm\001\js conserv bank 10.2m.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 29A, S.C. CONSERVATION BANK, page 191, line 9, opposite /conserv. bank trust/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

10,203,820   10,203,820
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 not ordered.
The amendment was then tabled by a division vote of 52 to 24.

Section 29A was adopted.

SECTION 30--ADOPTED

Rep. SCOTT proposed the following Amendment No. 249 (Doc Name h:\legwork\house\amend\h-wm\010\scottalljud.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 30, JUDICIAL DEPARTMENT, page 194, immediately after line 4, by inserting a new line to read:

Column 3   Column 4
New Positions:
Family Court Judge

420,000     420,000

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

Rep. SCOTT explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 65; Nays 39

Those who voted in the affirmative are:

Anthony                Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bowen                  Brady                  Cato
Ceips                  Chalk                  Chellis
Clemmons               Cobb-Hunter            Cooper
Cotty                  Crawford               Dantzler
Delleney               Duncan                 Frye
Gambrell               Haley                  Hamilton
Hardwick               Harrell                Herbkersman
Hinson                 Hiott                  Kelly
Kirsh                  Knight                 Leach
Limehouse              Loftis                 Lowe
Lucas                  Mahaffey               Merrill
Moss                   Mulvaney               J. H. Neal
Perry                  Phillips               Pinson
E. H. Pitts            Rice                   Sandifer
Scarborough            Shoopman               Skelton
D. C. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stewart
Talley                 Taylor                 Umphlett
Walker                 White                  Whitmire
Witherspoon            Young

Total--65

Those who voted in the negative are:

Agnew                  Alexander              Anderson
Bales                  Brantley               Breeland
G. Brown               R. Brown               Clyburn
Funderburk             Govan                  Gullick
Hagood                 Harrison               Hart
Harvin                 Haskins                Hayes
Hodges                 Hosey                  Howard
Jefferson              Kennedy                Mack
McLeod                 Miller                 Mitchell
J. M. Neal             Ott                    Parks
Scott                  Sellers                Simrill
Stavrinakis            Thompson               Vick
Viers                  Weeks                  Williams

Total--39

So, the amendment was tabled.

Rep. SCOTT proposed the following Amendment No. 132 (Doc Name h:\legwork\house\amend\h-wm\010\judicial alljud.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 30, JUDICIAL DEPARTMENT, page 193, immediately after line 24, by inserting new lines to read:

Column 3   Column 4
New Positions:
Circuit Court Judge

375,795   375,795

(3.00)   (3.00)
Administrative Assistant

71,055     71,055

(3.00)   (3.00)
Circuit Court Reporter

118,872   118,872

(3.00)   (3.00)
Law Clerk

37,644   37,644

(1.00)   (1.00)
Amend the bill further, as and if amended, page 193, line 31, opposite /other operating expenses/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

48,000       48,000
Amend the bill further, as and if amended, page 194 immediately after line 4, by inserting new lines to read:

Column 3   Column 4
New Positions:
Family Court Judge

365,904   365,904

(3.00)   (3.00)
Administrative Assistant

71,055   71,055

(3.00)   (3.00)
Family Court Reporter

102,285   102,285

(3.00)   (3.00)
Law Clerk

75,288   75,288

(2.00)   (2.00)
Amend the bill further, as and if amended, page 194, line 11, opposite /other operating expenses/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

48,000       48,000
Amend the bill further, as and if amended, page 196, line 16, opposite /employer contributions/ by increasing the amount(s) in Columns 3 and 4 by:
  Column 3   Column 4

584,325     584,325
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

Rep. YOUNG moved to table the amendment.

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

The amendment was then tabled by a division vote of 51 to 29.

Reps. JEFFERSON, LOWE and WILLIAMS proposed the following Amendment No. 201 (Doc Name h:\legwork\house\amend\h-wm\010\fathers&fam.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 30, JUDICIAL DEPARTMENT, page 196, line 25, opposite /Center for Fathers & Families Initiative/ by increasing the amount(s) in Columns 3 and 4:

Column 3   Column 4
Center for Fathers & Families Initiative

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

Rep. JEFFERSON explained the amendment.

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

Section 30 was adopted.

SECTION 38

Section 38 was adopted.

SECTION 46

Section 46 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 53--ADOPTED

Rep. HOSEY proposed the following Amendment No. 50 (Doc Name h:\legwork\house\amend\h-wm\011\scooter lh.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 53, DEPARTMENT OF TRANSPORTATION, page 265, immediately after line 6, by inserting a new line to read:

Column 3   Column 4
Allendale County Transportation-Scooter

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

Rep. HOSEY explained the amendment.

Rep. LUCAS moved to table the amendment.

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

Yeas 69; Nays 33

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bowen
Brady                  Cato                   Ceips
Chellis                Clemmons               Cooper
Cotty                  Crawford               Dantzler
Delleney               Duncan                 Frye
Gambrell               Gullick                Hagood
Hamilton               Hardwick               Harrell
Haskins                Herbkersman            Hinson
Hiott                  Huggins                Kelly
Kirsh                  Knight                 Leach
Limehouse              Loftis                 Lowe
Lucas                  Mahaffey               Merrill
Moss                   Mulvaney               J. M. Neal
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
Viers                  Walker                 White
Whitmire               Witherspoon            Young

Total--69

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Bowers                 Branham                Brantley
Breeland               G. Brown               R. Brown
Clyburn                Coleman                Govan
Hart                   Hayes                  Hosey
Howard                 Jefferson              Jennings
Kennedy                Littlejohn             Mack
McLeod                 Miller                 Mitchell
J. H. Neal             Phillips               Scott
Sellers                Weeks                  Williams

Total--33

So, the amendment was tabled.

Rep. HOSEY proposed the following Amendment No. 56 (Doc Name h:\legwork\house\amend\h-wm\011\sweetwater rd construction lh.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 53, DEPARTMENT OF TRANSPORTATION, page 265, immediately after line 6, by inserting a new line to read:

Column 3   Column 4
Sweetwater Public Country Club Road Construction

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

Rep. HOSEY explained the amendment.

Rep. LUCAS moved to table the amendment.

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

The amendment was then tabled by a division vote of 52 to 28.

Reps. GOVAN and HAYES proposed the following Amendment No. 233 (Doc Name h:\legwork\house\amend\h-wm\011\i-95 corridor funding.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 53, DEPARTMENT OF TRANSPORTATION, page 265, immediately after line 6, by inserting a new line to read:

Column 3   Column 4
I-95 Study Committee

50,000       50,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

Rep. LUCAS moved to table the amendment.

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

Yeas 70; Nays 34

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Cato                   Ceips
Chellis                Clemmons               Coleman
Cooper                 Cotty                  Crawford
Dantzler               Delleney               Duncan
Edge                   Frye                   Gambrell
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Hinson                 Hiott
Huggins                Kelly                  Leach
Littlejohn             Lowe                   Lucas
Merrill                Miller                 Moss
Mulvaney               J. H. Neal             Owens
Perry                  Phillips               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
White                  Whitmire               Witherspoon
Young

Total--70

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Bowers
Branham                Brantley               Breeland
G. Brown               R. Brown               Clyburn
Cobb-Hunter            Govan                  Hart
Hayes                  Hodges                 Hosey
Jefferson              Jennings               Kennedy
Knight                 Loftis                 Mack
McLeod                 Mitchell               J. M. Neal
Parks                  Scott                  Sellers
Vick                   Weeks                  Whipper
Williams

Total--34

So, the amendment was tabled.

Section 53 was adopted.

SECTION 53B--ADOPTED

Rep. MILLER proposed the following Amendment No. 137 (Doc Name h:\legwork\house\amend\h-wm\011\cog's vm.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 53B, COUNTY TRANSPORTATION FUNDS, page 269, immediately after line 3, by inserting new lines to read:
  Column 3   Column 4
Special Item:
Councils of Government

80,980,000   80,980,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER explained the amendment.
Rep. MILLER spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. LUCAS spoke against the amendment.

Rep. LUCAS moved to table the amendment.

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

Yeas 68; Nays 47

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Chellis                Clemmons               Cooper
Cotty                  Crawford               Dantzler
Delleney               Duncan                 Edge
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Hiott                  Huggins
Kelly                  Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Mahaffey
Merrill                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            W. D. Smith            Spires
Stavrinakis            Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Viers                  White
Whitmire               Young

Total--68

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Bowers                 Branham
Brantley               Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Frye                   Funderburk
Govan                  Hart                   Harvin
Hodges                 Hosey                  Howard
Jefferson              Jennings               Kennedy
Knight                 Mack                   McLeod
Miller                 Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Phillips               Rutherford
Scott                  Sellers                Vick
Walker                 Weeks                  Whipper
Williams               Witherspoon

Total--47

So, the amendment was tabled.

Rep. MILLER proposed the following Amendment No. 8 (Doc Name h:\legwork\house\amend\h-wm\011\c funds vm.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 53B, COUNTY TRANSPORTATION FUNDS, page 269, line 9, opposite /ALLOC CNTY-RESTRICTED/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

80,980,000   80,980,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER explained the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 62; Nays 42

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Ceips
Chellis                Clemmons               Cooper
Cotty                  Crawford               Delleney
Duncan                 Edge                   Gambrell
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Haskins                Hinson
Hiott                  Huggins                Kelly
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mahaffey               Merrill
Mulvaney               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            Taylor
Thompson               Toole                  Umphlett
Viers                  White                  Whitmire
Witherspoon            Young

Total--62

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Bowers                 Branham
Brantley               Breeland               G. Brown
Cobb-Hunter            Coleman                Frye
Funderburk             Govan                  Hart
Harvin                 Hodges                 Hosey
Jefferson              Jennings               Kennedy
Knight                 McLeod                 Miller
Moss                   J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Phillips               Rutherford             Scott
Sellers                Vick                   Walker
Weeks                  Whipper                Williams

Total--42

So, the amendment was tabled.

Reps. OTT, COBB-HUNTER, J. H. NEAL, MCLEOD, GOVAN, JENNINGS and BATTLE proposed the following Amendment No. 152 (Doc Name h:\legwork\house\amend\h-wm\011\c funds.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 53B, COUNTY TRANSPORTATION FUNDS, page 269, line 9, opposite /ALLOC CNTY-RESTRICTED/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

80,980,000   80,980,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. OTT explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 67; Nays 43

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Cato                   Ceips
Chalk                  Chellis                Clemmons
Cooper                 Cotty                  Crawford
Dantzler               Davenport              Delleney
Duncan                 Edge                   Gambrell
Gullick                Hagood                 Haley
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Hinson
Hiott                  Huggins                Kelly
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mahaffey               Merrill
Mulvaney               Perry                  Pinson
E. H. Pitts            Rice                   Scarborough
Shoopman               Simrill                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Spires                 Stavrinakis
Talley                 Taylor                 Thompson
Toole                  Umphlett               Viers
White                  Whitmire               Witherspoon
Young

Total--67

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
Frye                   Funderburk             Govan
Hart                   Harvin                 Hodges
Hosey                  Howard                 Jefferson
Jennings               Kennedy                Knight
McLeod                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Phillips
Rutherford             Sellers                Vick
Walker                 Weeks                  Whipper
Williams

Total--43

So, the amendment was tabled.

Section 53B was adopted.

SECTION 54A--ADOPTED

Rep. HOSEY proposed the following Amendment No. 52 (Doc Name h:\legwork\house\amend\h-wm\004\hosey 54a Sen salary incr.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 54A, LEG. DEPARTMENT-the Senate, page 270, line 3, opposite /Senators @ $10,400/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

239,200     239,200
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HOSEY explained the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 99; Nays 10

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  G. Brown               Cato
Ceips                  Chalk                  Chellis
Clemmons               Clyburn                Cobb-Hunter
Coleman                Cooper                 Cotty
Crawford               Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Gambrell               Govan
Gullick                Hagood                 Haley
Hardwick               Harrell                Harrison
Hart                   Harvin                 Haskins
Herbkersman            Hinson                 Hiott
Hodges                 Howard                 Huggins
Jennings               Kelly                  Kirsh
Knight                 Leach                  Limehouse
Littlejohn             Lowe                   Lucas
Mahaffey               McLeod                 Merrill
Miller                 Moss                   Mulvaney
J. H. Neal             J. M. Neal             Ott
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            Rice
Scarborough            Scott                  Sellers
Shoopman               Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Spires
Stavrinakis            Talley                 Taylor
Thompson               Toole                  Umphlett
Vick                   Viers                  Walker
Weeks                  White                  Whitmire
Williams               Witherspoon            Young

Total--99

Those who voted in the negative are:

Alexander              Bales                  Branham
Brantley               Breeland               R. Brown
Hosey                  Kennedy                Mitchell
Whipper

Total--10

So, the amendment was tabled.

Section 54A was adopted.

SECTION 54B--ADOPTED

Rep. HOSEY proposed the following Amendment No. 54 (Doc Name h:\legwork\house\amend\h-wm\004\hosey 54b rep salary incr.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 54B, LEG. DEPARTMENT-HOUSE OF REPRESENTATIVES, page 271, line 3, opposite /Representatives @ $10,400/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

644,800     644,800
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HOSEY explained the amendment.

Rep. LIMEHOUSE moved to table the amendment.

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

Yeas 96; Nays 6

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Cato                   Ceips
Chalk                  Chellis                Clemmons
Cobb-Hunter            Coleman                Cooper
Cotty                  Crawford               Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Funderburk
Gambrell               Govan                  Gullick
Hagood                 Haley                  Hardwick
Harrell                Hart                   Harvin
Haskins                Herbkersman            Hinson
Hiott                  Hodges                 Huggins
Jennings               Kelly                  Kirsh
Knight                 Leach                  Limehouse
Lowe                   Lucas                  Mahaffey
McLeod                 Merrill                Miller
Mitchell               Moss                   Mulvaney
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  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            Talley
Taylor                 Thompson               Toole
Umphlett               Viers                  Walker
Weeks                  White                  Whitmire
Williams               Witherspoon            Young

Total--96

Those who voted in the negative are:

Brantley               Breeland               Hosey
Jefferson              Kennedy                Whipper

Total--6

So, the amendment was tabled.

Section 54B was adopted.

SECTION 56A

Section 56A was adopted.

SECTION 56C--AMENDED AND ADOPTED

Reps. KIRSH and WHITE proposed the following Amendment No. 238 (Doc Name h:\legwork\house\amend\h-wm\004\kirsh gal 1a add .doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 56C, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 286, line 9, opposite /Classified Positions/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

436,288     436,288
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 56C, as amended, was adopted.

SECTION 61--AMENDED AND ADOPTED

Rep. E. H. PITTS proposed the following Amendment No. 221 (Doc Name h:\legwork\house\amend\h-wm\007\pitts - 500k.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 61, ADJUTANT GENERAL'S OFFICE, page 304, line 27, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

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

Rep. E. H. PITTS explained the amendment.
Rep. COOPER spoke upon the amendment.
The amendment was then adopted.

Rep. VICK proposed the following Amendment No. 79 (Doc Name h:\legwork\house\amend\h-wm\004\vick 1a 2m adj gen.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 61, ADJUTANT GENERAL'S OFFICE, page 304, line 27, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

2,429,481   2,429,481
Renumber sections to conform.
Amend totals and titles to conform.

Rep. VICK explained the amendment.

Rep. WHITE moved to table the amendment.

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

Yeas 64; Nays 52

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chellis
Clemmons               Cooper                 Cotty
Crawford               Dantzler               Davenport
Delleney               Edge                   Gambrell
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Herbkersman
Hinson                 Hiott                  Huggins
Kelly                  Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Mahaffey
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            Stavrinakis            Talley
Taylor                 Toole                  Umphlett
White                  Whitmire               Witherspoon
Young

Total--64

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Bowers                 Branham
Brantley               Breeland               G. Brown
R. Brown               Ceips                  Chalk
Clyburn                Cobb-Hunter            Coleman
Frye                   Funderburk             Govan
Hart                   Haskins                Hodges
Hosey                  Howard                 Jefferson
Jennings               Kennedy                Knight
Mack                   McLeod                 Miller
Mitchell               Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Pinson                 Rutherford
Scott                  Sellers                Spires
Thompson               Vick                   Viers
Walker                 Weeks                  Whipper
Williams

Total--52

So, the amendment was tabled.

PROXY VOTE--AMENDMENT NO. 79

Pursuant to the provisions of House Rule 7.8, Rep. JENNINGS cast a proxy vote on behalf of Rep. J. E. Smith against the motion to table Amendment No. 79.

Section 61, as amended, was adopted.

SECTION 63--ADOPTED

Rep. MILLER proposed the following Amendment No. 265 (Doc Name h:\legwork\house\amend\h-wm\004\miller 1a 63 econ dev grants.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 63, B&C BD, page 323, immediately after line 14, by inserting a new line to read:

Column 3   Column 4
Special Economic Development Grants Fund

80,980,000   80,980,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER explained the amendment.

Rep. WHITE moved to table the amendment.

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

Yeas 68; Nays 43

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
Duncan                 Edge                   Gambrell
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Hinson
Hiott                  Huggins                Kelly
Kirsh                  Leach                  Limehouse
Littlejohn             Lowe                   Lucas
Mahaffey               Merrill                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            Talley                 Taylor
Thompson               Toole                  Umphlett
Viers                  White                  Whitmire
Witherspoon            Young

Total--68

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Bowers                 Branham
Brantley               Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Frye                   Funderburk
Govan                  Hart                   Harvin
Hodges                 Hosey                  Howard
Jefferson              Jennings               Kennedy
Knight                 Mack                   McLeod
Miller                 Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rutherford             Scott
Sellers                Vick                   Weeks
Williams

Total--43

So, the amendment was tabled.

Reps. COBB-HUNTER, OTT, J. H. NEAL, MCLEOD, GOVAN, JENNINGS and BATTLE proposed the following Amendment No. 153 (Doc Name h:\legwork\house\amend\h-wm\001\ch bcb 800 mhz 14.6m.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 325, immediately after line 36, by inserting a new line to read:

Column 3   Column 4
first responder interoperability

14,667,729   14,667,729
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. WHITE moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 71; Nays 40

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
Duncan                 Edge                   Frye
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Herbkersman            Hinson
Hiott                  Huggins                Kelly
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Mahaffey               Merrill
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
W. D. Smith            Spires                 Stavrinakis
Talley                 Taylor                 Thompson
Toole                  Umphlett               Viers
Walker                 White                  Whitmire
Witherspoon            Young

Total--71

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Branham                Brantley
Breeland               G. Brown               R. Brown
Clyburn                Cobb-Hunter            Coleman
Funderburk             Gambrell               Govan
Harvin                 Hodges                 Hosey
Howard                 Jefferson              Jennings
Kennedy                Knight                 Mack
McLeod                 Miller                 Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Rutherford
Sellers                Vick                   Weeks
Williams

Total--40

So, the amendment was tabled.

Rep. MILLER proposed the following Amendment No. 276 (Doc Name h:\legwork\house\amend\h-wm\004\miller 1a emergency disaster rel.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 63, B&C BD, page 323, immediately after line 14, by inserting a new line to read:

Column 3   Column 4
SC Emergency Disaster Relief Fund

80,980,000   80,980,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER explained the amendment.

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

Section 63 was adopted.

SECTION 63C

Section 63C was adopted.

Rep. COOPER moved that the House recede until 2:45 p.m., which was agreed to.

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

THE HOUSE RESUMES

At 2:45 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER MERRILL IN CHAIR

POINT OF QUORUM

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

SPEAKER IN CHAIR

H. 3620--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Part IB.

H. 3620--THE GENERAL APPROPRIATION BILL

PART IB

SECTION 1--AMENDED AND ADOPTED

Rep. J. R. SMITH proposed the following Amendment No. 142 (Doc Name h:\legwork\house\amend\h-wm\007\smith-gsah flex.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 358, paragraph 1.49, lines 22-25, by striking the paragraph in its entirety and inserting /Any unexpended balance on June 30 of the prior fiscal year of funds appropriated to or generated by the Governor's School for the Arts and Humanities may be carried forward and expended in the current fiscal year pursuant to the discretion of the board of trustees of the school./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. COBB-HUNTER and J. R. SMITH proposed the following Amendment No. 165 (Doc Name h:\legwork\house\amend\h-wm\007\cobb-hunter ntl board admin.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 359, paragraph 1.51, after line 24, by adding:
/Notwithstanding any other provision of law, teachers will continue to be eligible for the salary supplement even after they have transferred to a position in administration if they serve in a school with an absolute rating of Below Average or Unsatisfactory, a school where the average teacher turnover rate for the past three years is twenty percent or higher, or a school that meets the poverty index criteria at seventy percent or higher./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. J. H. NEAL proposed the following Amendment No. 65 (Doc Name h:\legword\house\amend\h-wm\007\neal -4K statwide-proviso.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 362, paragraph 66, line 2, by inserting after /four-year old children./:
/With funds appropriated in Part IA, Section 1, V - Special Items - Child Development Early Education Program, the program shall be expanded statewide to the extent possible. If funds are not sufficient to offer the program statewide, preference must be given to districts having proportionally the largest population of underserved at-risk four-year old children./

Rep. J. H. NEAL explained the amendment.
Rep. J. R. SMITH spoke against the amendment.

Rep. J. R. SMITH moved to table the amendment.
Rep. J. H. NEAL demanded the yeas and nays which were taken, resulting as follows:

Yeas 65; Nays 30

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Cato                   Ceips
Chalk                  Chellis                Clemmons
Cooper                 Crawford               Davenport
Delleney               Duncan                 Edge
Frye                   Gambrell               Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Hinson                 Hiott                  Huggins
Kelly                  Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Merrill                Mulvaney               Owens
Perry                  Pinson                 Rice
Sandifer               Shoopman               Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Talley
Taylor                 Thompson               Toole
Umphlett               Walker                 White
Witherspoon            Young

Total--65

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Bowers
Brantley               Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Funderburk             Govan                  Harvin
Hodges                 Hosey                  Jefferson
Kennedy                Mack                   McLeod
Mitchell               Moss                   J. H. Neal
J. M. Neal             Ott                    Parks
Scott                  Weeks                  Williams

Total--30

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 145 (Doc Name h:\legwork\house\amend\h-wm\007\cobb-hunter-4k-teachers 4 year degree.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 364, paragraph 66, lines 10-11, by striking the lines in their entirety and by inserting /(1) employ a lead teacher with a two-year degree in early childhood education or related field or be granted a waiver of this requirement by the Department of Education or the Office of First Steps to School Readiness four-year degree in early childhood education or a related field;/
Amend the bill further, as and if amended, page 364, paragraph 66, lines 24-25, by striking the lines in their entirety and by inserting /with at least a two-year degree in early childhood education or related field and who is enrolled and is demonstrating progress towards the completion of a teacher education program within four years four-year degree in early childhood education or a related field. Every classroom must also have at least one education/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BINGHAM a leave of absence for the remainder of the day due to personal reasons.

Rep. COBB-HUNTER continued speaking.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. J. R. SMITH spoke against the amendment.
Rep. J. H. NEAL spoke in favor of the amendment.
Rep. GOVAN spoke in favor of the amendment.
Rep. GOVAN spoke in favor of the amendment.

Rep. J. R. SMITH moved to table the amendment.

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

The amendment was then tabled by a division vote of 59 to 22.

Rep. ANTHONY proposed the following Amendment No. 69 (Doc Name \amend\h-wm\007\anthony-ntlboard assessors.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 369, after line 13, by adding an appropriately numbered paragraph to read:
/(SDE: National Board Assessors) For the purpose of calculating the salary supplement for teachers who begin the application process after July 1, 2007, the State of South Carolina shall not recognize certification by the National Board for Professional Teaching Standards unless only National Board Certified teachers are used to grade all portions of the assessment./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ANTHONY explained the amendment.

Rep. J. R. SMITH moved to table the amendment.

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

Yeas 50; Nays 58

Those who voted in the affirmative are:

Bannister              Barfield               Battle
Bowen                  Brady                  Brantley
Cato                   Ceips                  Chalk
Clemmons               Cooper                 Cotty
Delleney               Duncan                 Gambrell
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Herbkersman            Hinson
Hiott                  Huggins                Leach
Limehouse              Loftis                 Lowe
Lucas                  Merrill                Mulvaney
J. M. Neal             E. H. Pitts            Sandifer
Scarborough            Shoopman               Skelton
G. R. Smith            J. R. Smith            Spires
Stewart                Taylor                 Toole
Umphlett               Viers                  White
Witherspoon            Young

Total--50

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Ballentine             Bedingfield
Bowers                 Branham                Breeland
G. Brown               R. Brown               Chellis
Clyburn                Cobb-Hunter            Coleman
Crawford               Davenport              Frye
Funderburk             Govan                  Hart
Harvin                 Hodges                 Hosey
Howard                 Jefferson              Jennings
Kelly                  Kennedy                Kirsh
Knight                 Littlejohn             Mack
Mahaffey               McLeod                 Miller
Mitchell               Moss                   J. H. Neal
Neilson                Ott                    Owens
Parks                  Pinson                 Rice
Rutherford             Sellers                Simrill
G. M. Smith            Stavrinakis            Talley
Thompson               Vick                   Walker
Weeks                  Whipper                Whitmire
Williams

Total--58

So, the House refused to table the amendment.

POINT OF ORDER

Rep. HAMILTON raised the Point of Order that Amendment No. 69 was out of order in that it was not germane to the Bill under House Rule 5.3(B).
SPEAKER HARRELL stated that the Amendment was germane to the Bill and he overruled the Point of Order.
Rep. J. R. SMITH spoke against the amendment.
Rep. ANTHONY spoke upon the amendment.

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

Rep. COTTY proposed the following Amendment No. 229 (Doc Name h:\legwork\house\amend\h-wm\007\cotty-middle colleges 2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 368, paragraph 1.78, line 35, by striking the paragraph in its entirety and inserting:
/(SDE: Middle College Programs) In the 2007-08 school year, school districts with students enrolled in a high school of the State and who are participating in a middle college designed program with instruction offered at a State Technical College, shall develop a memorandum of agreement for the transfer of revenue to support the high school student's instruction at the technical campus. Absent of any memorandum of agreement, school districts shall transfer to the technical college the sum of ninety percent of the total EFA base student cost for the EFA high school classification and ninety percent of that student's share of any local funds, with the total being multiplied by the percentage of instructional time, as calculated by school instructional period, that the student attends the technical college./
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Rep. COTTY explained the amendment.
The amendment was then adopted.

Reps. J. R. SMITH, OTT, COTTY, HINSON and MILLER proposed the following Amendment No. 70 (Doc Name h:\legwork\house\amend\h-wm\007\smith - first steps one third.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 369, paragraph 79, lines 5-9, by striking /, the entire amount must be redirected to the Child Development Education Pilot Program for services to four year olds in that program during the current fiscal year. Initially, two thirds of this funding will be directed to the Department of Education and one-third will be directed to the Office of First Steps. These funds will be shared among the department and the Office of First Steps as is necessary to ensure that the dollars follow the child./ and inserting /by the Office of First Steps, two-thirds of this amount shall be redirected for use by the State Department of Education for services to four year olds participating in the Child Development Education Pilot Program during the current fiscal year. At the discretion of the First Steps Board of Trustees, funds carried forward by the Office of First Steps may be also be used to match philanthropic gifts targeting low income 0-3 year olds statewide./
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Rep. J. R. SMITH explained the amendment.
The amendment was then adopted.

Rep. COBB-HUNTER proposed the following Amendment No. 146 (Doc Name h:\legwork\house\amend\h-wm\007bbcobb-hunter gsah report quarterly sub.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 369, after line 13, by adding an appropriately numbered paragraph to read:
/(SDE: GSAH Quarterly Reports) The Governor's School for the Arts and the Humanities shall provide to the Senate Finance Committee, the House Ways and Means Committee, the Budget and Control Board Office of Human Resources, and the Commission on Human Affairs a quarterly report detailing the school's human resource statistics for both filled and vacant positions. The report shall include specifics as to advertising, applicants, and selections as well as the composition of the selection team. In addition, a quarterly report of recruiting activities that address the school's Access Plan shall be required. A comprehensive enrollment report must be furnished quarterly./
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Rep. COBB-HUNTER explained the amendment.

Rep. J. R. SMITH moved to table the amendment, which was agreed to.

Rep. MULVANEY proposed the following Amendment No. 210 (Doc Name h:\legwork\house\amend\h-wm\007\mulvaney-sde-sub.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 369, after line 13, by adding an appropriately numbered paragraph to read:
/(SDE: Teacher Supply Increase)The Department of Education is directed to reduce the amounts appropriated from the General Fund in Part IA, Section 1 Program I. Superintendent of Education to the amounts appropriated in the FY 2006-07 Appropriation Act, excluding any increases attributable to the employee pay plan authorized by the General Assembly. These funds shall be redirected to provide additional funds for the teacher supply allocation. The amounts appropriated from the general fundin Part IA, Section 1 for new FTE's in Program V , Division of District and Community Services, and Program VI. Div. of educator Quality and Leadership shall be redirected to provide additional funds for the teacher supply allocation. The funds generated shall be used to increase the teacher supply allocation above the $250 provided elsewhere in this Act. The amount of the increase shall be determined by dividing the funds generated herein by the number of eligible teachers in the State./
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Rep. MULVANEY explained the amendment.
Rep. OTT spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 62; Nays 47

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Bedingfield            Bowen                  Cato
Ceips                  Chellis                Clemmons
Coleman                Cooper                 Cotty
Crawford               Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Gambrell               Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Kelly                  Leach
Limehouse              Littlejohn             Loftis
Lucas                  Mahaffey               Merrill
Moss                   Mulvaney               Owens
E. H. Pitts            Rice                   Sandifer
Scarborough            Shoopman               Simrill
G. M. Smith            G. R. Smith            W. D. Smith
Spires                 Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               White                  Whitmire
Witherspoon            Young

Total--62

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Battle
Bowers                 Branham                Brantley
Breeland               G. Brown               R. Brown
Clyburn                Cobb-Hunter            Funderburk
Govan                  Hart                   Harvin
Hodges                 Hosey                  Howard
Jefferson              Jennings               Kennedy
Kirsh                  Knight                 Mack
McLeod                 Miller                 Mitchell
J. H. Neal             J. M. Neal             Ott
Perry                  Pinson                 Rutherford
Scott                  Sellers                Skelton
D. C. Smith            J. R. Smith            Stavrinakis
Vick                   Walker                 Weeks
Whipper                Williams

Total--47

So, the amendment was adopted.

AMENDMENT NO. 146--RECONSIDERED AND REJECTED

Rep. BEDINGFIELD moved to reconsider the vote whereby Amendment No. 146 was tabled, which was agreed to by a division vote of 43 to 42.

Rep. COBB-HUNTER proposed the following Amendment No. 146 (Doc Name h:\legwork\house\amend\h-wm\007bbcobb-hunter gsah report quarterly sub.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 369, after line 13, by adding an appropriately numbered paragraph to read:
/(SDE: GSAH Quarterly Reports) The Governor's School for the Arts and the Humanities shall provide to the Senate Finance Committee, the House Ways and Means Committee, the Budget and Control Board Office of Human Resources, and the Commission on Human Affairs a quarterly report detailing the school's human resource statistics for both filled and vacant positions. The report shall include specifics as to advertising, applicants, and selections as well as the composition of the selection team. In addition, a quarterly report of recruiting activities that address the school's Access Plan shall be required. A comprehensive enrollment report must be furnished quarterly./
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The question then recurred to the adoption of the amendment.

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

Yeas 46; Nays 63

Those who voted in the affirmative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Battle
Bedingfield            Branham                Brantley
Breeland               R. Brown               Clyburn
Cobb-Hunter            Crawford               Funderburk
Govan                  Hagood                 Hart
Haskins                Hodges                 Hosey
Howard                 Jefferson              Jennings
Kennedy                Knight                 Lowe
Mack                   McLeod                 Miller
Mitchell               Moss                   Mulvaney
J. H. Neal             J. M. Neal             Ott
Rice                   Rutherford             Scott
Sellers                Shoopman               Stavrinakis
Vick                   Weeks                  Whipper
Williams

Total--46

Those who voted in the negative are:

Ballentine             Bannister              Barfield
Bowen                  Brady                  G. Brown
Cato                   Ceips                  Chalk
Chellis                Clemmons               Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Harrison               Harvin
Herbkersman            Hinson                 Hiott
Huggins                Kelly                  Kirsh
Leach                  Limehouse              Lucas
Mahaffey               Merrill                Owens
Perry                  Pinson                 E. H. Pitts
Sandifer               Scarborough            Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Spires
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Viers                  Walker                 White
Whitmire               Witherspoon            Young

Total--63

So, the amendment was rejected.

Rep. COBB-HUNTER spoke upon the Section.

Rep. COBB-HUNTER proposed the following Amendment No. 285 (Doc Name h:\legwork\house\amend\h-wm\007bbcobbbb cobb-hunter gsah report annually.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 369, after line 13, by adding an appropriately numbered paragraph to read:
/(SDE: GSAH Human Resources Annual Report) The Governor's School for the Arts and the Humanities shall provide to the Senate Finance Committee, the House Ways and Means Committee, the Budget and Control Board Office of Human Resources, and the Commission on Human Affairs an annual report detailing the school's human resource statistics for both filled and vacant positions. The report shall include specifics as to advertising, applicants, and selections as well as the composition of the selection team. In addition, an annual report of recruiting activities that address the school's Access Plan shall be required. A comprehensive enrollment report must be furnished annually./
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Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.

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

The amendment was then adopted by a division vote of 66 to 14.

Section 1, as amended, was adopted.

SECTION 1A--AMENDED AND ADOPTED

Rep. LOFTIS proposed the following Amendment No. 194 (Doc Name h:\legwork\house\amend\h-wm\011\merit pay teachers.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, pages 371-372, paragraph 1A.18, lines 31-36 on page 371 and lines 1-4 on page 372 by striking the paragraph in its entirety and inserting /1A.18 (SDE-EIA:XI.C.3-Teacher Salaries/SE Average) Funds appropriated in Part IA, Section 1, XI.C.3. for Teacher Salaries must be used to increase salaries of teachers based on either a demonstrated ability to raise student performance and/or a district need to recruit to fill critical need positions. Funds will be dispersed to school districts upon the submission and approval of a detailed description of how funds will be used to implement a system of merit pay and/or to recruit to fill hard-to-staff positions. Merit-pay programs include the Teacher Advancement Program as well as models designed for or approval by the local school district's board of trustees. Recruitment bonuses must be committed to subjects identified by the Center for Educator Recruitment, Retention, and Advancement as being a critical needs subjects. Recruitment bonuses must require a three year-commitment to teach in the positions for which the bonus is issued.

Funds appropriated in Part IA. Section 1, XI.C.3 for Teacher Salaries will be distributed to local school districts in accordance with guidelines specified by the State Board of Education. /
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Rep. LOFTIS explained the amendment.
Rep. J. R. SMITH spoke against the amendment.

Rep. J. R. SMITH moved to table the amendment, which was agreed to.

Reps. COBB-HUNTER and J. R. SMITH proposed the following Amendment No. 166 (Doc Name h:\legwork\house\amend\h-wm\007\cobb_hunter ntl board admin eia.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 375, paragraph 1A.28, after line 16, by adding:
/Notwithstanding any other provision of law, teachers will continue to be eligible for the salary supplement even after they have transferred to a position in administration if they serve in a school with an absolute rating of Below Average or Unsatisfactory, a school where the average teacher turnover rate for the past three years is twenty percent or higher, or a school that meets the poverty index criteria at seventy percent or higher./
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Rep. J. R. SMITH explained the amendment.
The amendment was then adopted by a division vote of 53 to 19.

Reps. COTTY, J. R. SMITH and MERRILL proposed the following Amendment No. 211 (Doc Name h:\legwork\house\amend\h-wm\001\bc 1a.69 200k charter.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 385, paragraph 1A.69, line 11, by inserting at the end:
/Of the funds provided herein, the first $200,000 will be directed to the South Carolina Public Charter School District Board of Trustees which shall be authorized to use these funds for administrative costs to make the district operational./
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Rep. COTTY explained the amendment.

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

The amendment was then adopted.

Section 1A, as amended, was adopted.

SECTION 1AA--ADOPTED

Rep. GOVAN proposed the following Amendment No. 35 (Doc Name h:\legwork\house\amend\h-wm\005\govincneedsbsd.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 387, paragraph 1AA.7, line 35, by striking /$11,246,093/ and inserting /$21,246,093/
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Rep. GOVAN explained the amendment.
Rep. GOVAN spoke in favor of the amendment.

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

Section 1AA was adopted.

SECTION 5A--AMENDED AND ADOPTED

Rep. TALLEY proposed the following Amendment No. 230 (Doc Name h:\legwork\house\amend\h-wm\010\talley.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 393, paragraph 5A.13, line 3, by inserting at the end:/ Any additional funds for performance funding shall be allocated as follows: the first 50% in equal shares among all senior four-year institutions whose performance scores for the past five years total 14 or better; the next 30% among all senior four-year institutions whose performance scores for the past five years total 13 or better; and the final 20% in equal shares among all institutions whose performance scores for the past give years total 12 or better. Institutions shall receive allocations from all tier segments for which their scores qualify them. these funds may not be transferred to any other program or used for any other purpose./
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Rep. TALLEY explained the amendment.

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

Rep. GOVAN proposed the following Amendment No. 33 (Doc Name h:\legwork\house\amend\h-wm\005\govanedtaskforce.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 394, after line 36, by adding an appropriately numbered paragraph to read:
/(CHE: Higher Education Task Force) Of the funds appropriated to the Commission on Higher Education, $150,000 shall be set-aside and utilized to ensure that the Higher Education Task Force Study Committee has adequate resources to complete the mission established by Executive Order 2006-01. The task force is charged with examining ways to improve the system of higher education for South Carolina families to include, but not be limited to, the following:

1.   identifying concrete steps that can be undertaken to lower tuition at the state's public institutions of higher learning;

2   reducing program duplication;

3.   improving business management practices; and

4.   improving and increasing statewide coordination and collaboration of higher education.

5.   reviewing the mission resource requirement formula used for calculation of need for institutions./
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Rep. GOVAN explained the amendment.

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

Rep. GOVAN proposed the following Amendment No. 282 (Doc Name h:\legwork\house\amend\h-wm\005\govanedtaskforce 2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 394, after line 36, by adding an appropriately numbered paragraph to read:
/(CHE: Higher Education Task Force Study Committee) Of the funds appropriated to the Commission on Higher Education, $150,000 shall be set-aside and utilized to ensure that adequate resources are available to carry out the recommendations of the Higher Education Task Force as established by Executive Order 2006-01. The Higher Education Task Force Committee is established and shall be comprised of members of the higher education, public education and business communities, and at least two members of the House of Representatives and Senate, or their designees. Race and gender shall be taken into account so that the study committee represents, to the greatest extent possible, all segments of the population of the State. The task force is charged with examining ways to improve the system of higher education for South Carolina families to include, but not be limited to, the following:

1.   identifying concrete steps that can be undertaken to lower tuition at the state's public institutions of higher learning;

2.   reducing program duplication;

3.   improving business management practices;

4.   improving and increasing statewide coordination and collaboration of higher education; and
5. reviewing the mission resource requirement formula used for calculation of need for institutions.
The study committee shall submit written policy recommendations to the General Assembly by January 15, 2008./
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Rep. GOVAN explained the amendment.

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

Rep. TALLEY proposed the following Amendment No. 277 (Doc Name h:\legwork\house\amend\council\gjk\20216sd07.doc):
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 394, by adding a new paragraph appropriately numbered to read:
/   5A.___   (CHE: Critical Needs Nursing Initiative Fund)   (1)   The South Carolina Critical Needs Nursing Initiative Fund is hereby created for fiscal year 2007-2008 under the Commission on Higher Education to provide incentives to retain nurse faculty scholars, attract new nurse faculty, provide loans, grants, and scholarships to in-state resident nursing students, establish a research office to predict health care workforce needs, and provide technology to increase accessibility to clinical education needs.

(2)(a)   The Commission on Higher Education shall administer the provisions of this paragraph and the funding provided to the Critical Needs Nursing Initiative Fund in fiscal year 2007-2008 to implement the initiatives provided in this paragraph. The commission shall make disbursements from the Critical Needs Nursing Initiative Fund to the institutions or students in the manner and for the purposes provided by this paragraph.

(b)   To assist the commission in performing its duties related to this fund, the commission shall consult with members of the Advisory Committee on Academic Programs (ACAP) from institutions with accredited nursing programs and the chairperson, or designee, of the South Carolina Council of Deans and Directors in Nursing Education.

(3)   Of the funds made available for the Critical Needs Nursing Initiative Fund for fiscal year 2007-2008, amounts must be used for the following nursing and health professional initiatives in recommended priority order:

(a)   faculty salary enhancements;

(b)   new faculty;

(c)   student scholarship, loan, and grant programs;

(d)   establishment of the Office of Health Care Workforce Research; and

(e)   use of simulation technology and equipment.

(4)   (a)   From the Critical Needs Nursing Initiative Fund based on available funds, it is the intent of the General Assembly that faculty salary enhancements be provided in fiscal year 2007-2008 for nursing faculty at accredited nursing programs at the public institutions of higher learning at the two-year, four-year, and graduate levels. This enhancement is intended to bring salaries for nursing faculty within the average for the geographic area in which the State of South Carolina competes for nursing faculty. Salary enhancements shall be based on a twelve-month appointment and prorated for nine-month appointments.

(b)   In regard to these faculty salary enhancements, the Commission on Higher Education shall determine and distribute funds from the Critical Needs Nursing Initiative Fund to the institutions where such faculty are employed. The governing body of the institution pursuant to its procedures shall then allocate these enhancements among its affected faculty in such amounts as it determines appropriate consistent with the guidelines of this paragraph.

(5)(a)   From the Critical Needs Nursing Initiative Fund, for fiscal year 2007-2008, it is the intent of the General Assembly that new nursing faculty positions be added to accredited nursing programs at the public institutions of higher learning at the four-year and graduate level based on available funds.

(b)   The commission, upon consultation with members of the Advisory Committee on Academic Programs (ACAP) from institutions with accredited nursing programs and the Chairperson, or designee, of the South Carolina Council of Deans and Directors in Nursing Education, shall establish guidelines and criteria for funding the new positions to the recipient institutions based on faculty need.

(c)   In regard to these new faculty positions, the Commission on Higher Education shall determine and distribute funds from the Critical Needs Nursing Initiative Fund to the institutions where the new faculty positions are to be located. The governing body of the institution shall then create and fund these new positions in the manner it considers appropriate consistent with the guidelines of this paragraph.

(6)(a)   The Critical Needs Nursing Initiative Scholarship, Loan, and Grant Program is established to provide incentives and stipends to enable candidates seeking a higher degree to become qualified to teach full-time at an accredited nursing program at the public institutions of higher learning at the two-year, four-year, and graduate level in this State. Funding for this program for fiscal year 2007-2008 shall be provided by the Commission on Higher Education from the Critical Needs Nursing Initiative Fund. Loans, scholarships, or grants within available funds shall be awarded to qualified in-state resident nursing students in or entering into the teaching profession at an accredited nursing program at a public institution of higher learning in South Carolina.

(b)   Funds shall be allocated to four-year and graduate level institutions based on the institution's share of the total resident South Carolina student nursing population in that category of student, full-time or part-time. Disbursements of the applicable funds shall be made by the commission to the institution, which in turn shall disburse the funds to the students.

(c)   From the Critical Needs Nursing Scholarship, Loan, and Grant Program for fiscal year 2007-2008 if sufficient funds are available, the General Assembly declares and expresses its intent that the following scholarships, loans, or grants should be provided in the following recommended priority order and in the amount so specified:

(1)   Funding for thirty loans not to exceed forty thousand dollars per loan for a term not to exceed twenty-four months to be provided for full-time students enrolled in Masters in Nursing graduate programs.

(2)   Funding for thirty loans not to exceed thirty thousand dollars per loan for a term not to exceed thirty-six months to be provided for part-time students enrolled in Masters in Nursing graduate programs.

(3)   Funding for five loans not to exceed two hundred fifty thousand dollars per loan for a term not to exceed forty-eight months to be provided for full-time doctoral education students enrolled in nursing or a related field that would prepare the person to teach in a nursing program.

(4)   Funding for five loans not to exceed one hundred twenty-five thousand dollars per loan for a term not to exceed sixty months to be provided for part-time doctoral education students in nursing or a related field that would prepare the person to teach in a nursing program.

(5)   Funding for ten scholarships at five thousand dollars each to be provided to increase the number and amount of awards for scholarships to students pursuing a Bachelor of Science in Nursing from an accredited nursing program, including those students who have graduated from an associate degree program.

(6)   In order to better recruit and retain a diverse nursing faculty and student pool, funding for five grants of up to fifty thousand dollars each to be provided to institutions of higher learning with an accredited nursing program.

(d)   For the purpose of this item (6), loan shall be defined as cost of attendance, tuition, fees, room and board, or educational materials for those who desire to become nurse faculty.

(e)   For the purpose of this item (6), the commission shall promulgate regulations to establish terms, qualifications, and funding guidelines for the program. The regulations shall define when the student becomes eligible for the above loans, the loan repayment, and cancellation rates. The regulations shall also provide a mechanism to recoup fees from those students who, once graduated from an accredited nursing program do not become employed as a full-time faculty member in one of the qualifying institutions for a minimum of three years. Funds generated from any such repayments must be retained in a separate account and utilized for the purpose that the funds were originally appropriated.

(f)   In regard to student loans, grants, and scholarship programs, the Commission on Higher Education may determine and distribute funds from the Critical Needs Nursing Initiative Fund to the institution for allocation to eligible students consistent with the guidelines of this paragraph.

(7)(a)   The Office of Health Care Workforce Research is hereby created within the South Carolina Area Health Education Consortium (SCAHEC). The purpose of the Office of Health Care Workforce Research is to analyze nursing workforce supply and demand and predict the need for registered nurses and other health care professionals in this State and must be located within the South Carolina Center for Nursing Leadership.

(b)   The Office of Health Care Workforce Research shall collaborate with the Office of Research and Statistics of the Budget and Control Board, the South Carolina Center for Nursing Leadership, health profession education programs, professional associations representing the various health profession disciplines, the health care delivery system, and the executive and legislative branches of government to monitor the need for and educational capacity for health care professionals in South Carolina. The SCAHEC shall establish a steering committee to determine priorities of the office. The steering committee shall be composed of representatives from various health care professions to include nursing, medicine, dentistry, pharmacy, and allied health.

(c)   A comprehensive database shall be developed and used to study and monitor the supply and demand trends in nursing, medicine, pharmacy, dentistry, and other health profession disciplines.

(d)   The duties and functions of the office include, but are not limited to:

(1)   collaborating with other appropriate entities to expand nursing workforce data collection and analysis;

(2)   conducting an annual nursing workforce needs survey, using a manpower prediction model for staffing, to create a statewide database of nursing supply and demand statistics for health care employers in this State;

(3)   studying and monitoring trends in the recruitment, retention, and education of associate, baccalaureate, masters, and doctorate-prepared nurses;

(4)   soliciting information regarding current budgeted nursing positions, vacancies, projected staffing requirements, and turnover data;

(5)   providing workforce data and analysis to assist in development of nursing workforce policy; and

(6)   replicating a supply and demand workforce model for other health professions.

(e)   In regard to funding for the Office of Health Care Workforce Research, the commission upon consultation with members of the Advisory Committee on Academic Programs (ACAP) from institutions with accredited nursing programs and the chairperson, or designee, of the South Carolina Council of Deans and Directors in Nursing Education, shall determine and distribute funds from the Critical Needs Nursing Initiative Fund directly to the Office of Health Care Workforce Research for its uses and purposes consistent with the guidelines of this paragraph.

(f)   Funding for the Office of Health Care Workforce Research for fiscal year 2007-2008 is to be provided by the Commission on Higher Education from the Critical Needs Nursing Initiative Fund within available funds.

(8)(a)   It is the intent of this item (8) to encourage the utilization of technology for new education models at all public institutions of higher learning in this State as defined in Section 59-103-5 with an accredited nursing program leading to an Associate Degree in Nursing, a Bachelor of Science in Nursing, or a Masters in Nursing degree. These new models shall utilize simulation technology and equipment to educate nurses from funds provided by the General Assembly in the Critical Needs Nursing Imitative Fund and allocated by the Commission on Higher Education for this purpose. These funds must be allocated to the institutions with an accredited nursing program by the Commission on Higher Education. The commission upon consultation with members of the Advisory Committee on Academic Programs (ACAP) from institutions with accredited nursing programs and the chairperson, or designee, of the South Carolina Council of Deans and Directors in Nursing Education shall develop guidelines as to how these funds must be allocated.

(b)   In regard to the use of simulation technology and equipment in nursing education, the Commission on Higher Education shall determine and distribute funds from the Critical Needs Nursing Initiative Fund to the institutions where such funds will be used and the governing body of the institution shall determine how these funds shall be used consistent with the guidelines of this paragraph.

(c)   Funding for the use of simulation technology and equipment in nursing education shall be provided by the Commission on Higher Education from the Critical Needs Nursing Initiative Fund based on available funds.

(9)   To meet the nursing initiatives provided by this paragraph, the Commission on Higher Education and public institutions of higher learning providing nursing education in fiscal year 2007-2008 also may use funds provided for use in these areas that are derived from private or federal government sources.

(10)   In addition to the provisions of Item (6), the Commission on Higher Education in fiscal year 2007-2008 is authorized to promulgate those regulations necessary to implement the provisions of this paragraph.   /
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Rep. TALLEY explained the amendment.

Rep. LIMEHOUSE moved to table the amendment.
Rep. RICE demanded the yeas and nays which were taken, resulting as follows:

Yeas 49; Nays 59

Those who voted in the affirmative are:

Bannister              Barfield               Battle
Bedingfield            Brady                  Cato
Ceips                  Chalk                  Chellis
Cooper                 Cotty                  Crawford
Dantzler               Frye                   Hagood
Haley                  Hamilton               Hardwick
Harrell                Harrison               Harvin
Hinson                 Hiott                  Hodges
Kirsh                  Leach                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  McLeod                 Miller
Mulvaney               Perry                  Pinson
Sandifer               Scarborough            D. C. Smith
J. R. Smith            Spires                 Stewart
Toole                  Umphlett               Viers
White                  Whitmire               Witherspoon
Young

Total--49

Those who voted in the negative are:

Agnew                  Anderson               Anthony
Bales                  Ballentine             Bowen
Bowers                 Branham                Breeland
G. Brown               R. Brown               Clemmons
Clyburn                Cobb-Hunter            Coleman
Davenport              Delleney               Duncan
Edge                   Funderburk             Gambrell
Gullick                Hart                   Haskins
Hosey                  Huggins                Jefferson
Jennings               Kelly                  Kennedy
Knight                 Mack                   Mahaffey
Merrill                Mitchell               Moss
J. H. Neal             J. M. Neal             Ott
Owens                  Parks                  E. H. Pitts
Rice                   Rutherford             Scott
Sellers                Shoopman               Simrill
Skelton                G. R. Smith            W. D. Smith
Stavrinakis            Talley                 Taylor
Thompson               Vick                   Walker
Whipper                Williams

Total--59

So, the House refused to table the amendment.

Rep. COOPER spoke against the amendment.

Rep. RICE moved to adjourn debate on the amendment, which was agreed to.

Rep. NEILSON proposed the following Amendment No. 287 (Doc Name h:\legwork\house\amend\h-wm\005\neirurop.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 394, paragraph 5A.26, line 25-36, by striking the proviso in its entirety and inserting / (CHE: Rural Ophthalmologists and optometrists program Study Committee) A committee is established to assess the need for ophthalmologists and optometrists in rural areas of South Carolina. The committee is directed to conduct a study on the establishment of a rural ophthalmologists and optometrists program which will offer incentives to ophthalmologists and optometrists to practice in rural areas. The committee shall be composed of the following members: the Chair of the Ophthalmology Department of the Medical University of South Carolina, a representative of the UAB School of Optometry, the Chair of the Ophthalmology Department of the University of South Carolina; a representative of the Southern College of Optometry; three ophthalmologists and three optometrists, preferably practicing in rural areas, nominated by the South Carolina Society of Ophthalmology Board of Directors and the State Board of Optometric Examiners to serve staggered 4 year terms. The executive director of the SC Society of Ophthalmology, the executive director of the South Carolina Optometric Association, a representative of the Department of Health and Environmental Control and an Area Health Education Consortium official shall serve as ex-officio members of the committee. Members of the committee shall serve without compensation.
The committee shall receive staff support from the Medical University of South Carolina, the University of South Carolina, the Department of Health and Environmental Control and the Area Health Education Consortium. The results of this study are to be reported to the General Assembly by January 15, 2008/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. TALLEY proposed the following Amendment No. 277 (Doc Name h:\legwork\house\amend\council\gjk\20216sd07.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 394, by adding a new paragraph appropriately numbered to read:
/   5A.___   (CHE: Critical Needs Nursing Initiative Fund)   (1)   The South Carolina Critical Needs Nursing Initiative Fund is hereby created for fiscal year 2007-2008 under the Commission on Higher Education to provide incentives to retain nurse faculty scholars, attract new nurse faculty, provide loans, grants, and scholarships to in-state resident nursing students, establish a research office to predict health care workforce needs, and provide technology to increase accessibility to clinical education needs.

(2)(a)   The Commission on Higher Education shall administer the provisions of this paragraph and the funding provided to the Critical Needs Nursing Initiative Fund in fiscal year 2007-2008 to implement the initiatives provided in this paragraph. The commission shall make disbursements from the Critical Needs Nursing Initiative Fund to the institutions or students in the manner and for the purposes provided by this paragraph.

(b)   To assist the commission in performing its duties related to this fund, the commission shall consult with members of the Advisory Committee on Academic Programs (ACAP) from institutions with accredited nursing programs and the chairperson, or designee, of the South Carolina Council of Deans and Directors in Nursing Education.

(3)   Of the funds made available for the Critical Needs Nursing Initiative Fund for fiscal year 2007-2008, amounts must be used for the following nursing and health professional initiatives in recommended priority order:

(a)   faculty salary enhancements;

(b)   new faculty;

(c)   student scholarship, loan, and grant programs;

(d)   establishment of the Office of Health Care Workforce Research; and

(e)   use of simulation technology and equipment.

(4)(a)   From the Critical Needs Nursing Initiative Fund based on available funds, it is the intent of the General Assembly that faculty salary enhancements be provided in fiscal year 2007-2008 for nursing faculty at accredited nursing programs at the public institutions of higher learning at the two-year, four-year, and graduate levels. This enhancement is intended to bring salaries for nursing faculty within the average for the geographic area in which the State of South Carolina competes for nursing faculty. Salary enhancements shall be based on a twelve-month appointment and prorated for nine-month appointments.

(b)   In regard to these faculty salary enhancements, the Commission on Higher Education shall determine and distribute funds from the Critical Needs Nursing Initiative Fund to the institutions where such faculty are employed. The governing body of the institution pursuant to its procedures shall then allocate these enhancements among its affected faculty in such amounts as it determines appropriate consistent with the guidelines of this paragraph.

(5)(a)   From the Critical Needs Nursing Initiative Fund, for fiscal year 2007-2008, it is the intent of the General Assembly that new nursing faculty positions be added to accredited nursing programs at the public institutions of higher learning at the four-year and graduate level based on available funds.

(b)   The commission, upon consultation with members of the Advisory Committee on Academic Programs (ACAP) from institutions with accredited nursing programs and the chairperson, or designee, of the South Carolina Council of Deans and Directors in Nursing Education, shall establish guidelines and criteria for funding the new positions to the recipient institutions based on faculty need.

(c)   In regard to these new faculty positions, the Commission on Higher Education shall determine and distribute funds from the Critical Needs Nursing Initiative Fund to the institutions where the new faculty positions are to be located. The governing body of the institution shall then create and fund these new positions in the manner it considers appropriate consistent with the guidelines of this paragraph.

(6)(a)   The Critical Needs Nursing Initiative Scholarship, Loan, and Grant Program is established to provide incentives and stipends to enable candidates seeking a higher degree to become qualified to teach full-time at an accredited nursing program at the public institutions of higher learning at the two-year, four-year, and graduate level in this State. Funding for this program for fiscal year 2007-2008 shall be provided by the Commission on Higher Education from the Critical Needs Nursing Initiative Fund. Loans, scholarships, or grants within available funds shall be awarded to qualified in-state resident nursing students in or entering into the teaching profession at an accredited nursing program at a public institution of higher learning in South Carolina.

(b)   Funds shall be allocated to four-year and graduate level institutions based on the institution's share of the total resident South Carolina student nursing population in that category of student, full-time or part-time. Disbursements of the applicable funds shall be made by the commission to the institution, which in turn shall disburse the funds to the students.

(c)   From the Critical Needs Nursing Scholarship, Loan, and Grant Program for fiscal year 2007-2008 if sufficient funds are available, the General Assembly declares and expresses its intent that the following scholarships, loans, or grants should be provided in the following recommended priority order and in the amount so specified:

(1)   Funding for thirty loans not to exceed forty thousand dollars per loan for a term not to exceed twenty-four months to be provided for full-time students enrolled in Masters in Nursing graduate programs.

(2)   Funding for thirty loans not to exceed thirty thousand dollars per loan for a term not to exceed thirty-six months to be provided for part-time students enrolled in Masters in Nursing graduate programs.

(3)   Funding for five loans not to exceed two hundred fifty thousand dollars per loan for a term not to exceed forty-eight months to be provided for full-time doctoral education students enrolled in nursing or a related field that would prepare the person to teach in a nursing program.

(4)   Funding for five loans not to exceed one hundred twenty-five thousand dollars per loan for a term not to exceed sixty months to be provided for part-time doctoral education students in nursing or a related field that would prepare the person to teach in a nursing program.

(5)   Funding for ten scholarships at five thousand dollars each to be provided to increase the number and amount of awards for scholarships to students pursuing a Bachelor of Science in Nursing from an accredited nursing program, including those students who have graduated from an associate degree program.

(6)   In order to better recruit and retain a diverse nursing faculty and student pool, funding for five grants of up to fifty thousand dollars each to be provided to institutions of higher learning with an accredited nursing program.

(d)   For the purpose of this item (6), loan shall be defined as cost of attendance, tuition, fees, room and board, or educational materials for those who desire to become nurse faculty.

(e)   For the purpose of this item (6), the commission shall promulgate regulations to establish terms, qualifications, and funding guidelines for the program. The regulations shall define when the student becomes eligible for the above loans, the loan repayment, and cancellation rates. The regulations shall also provide a mechanism to recoup fees from those students who, once graduated from an accredited nursing program do not become employed as a full-time faculty member in one of the qualifying institutions for a minimum of three years. Funds generated from any such repayments must be retained in a separate account and utilized for the purpose that the funds were originally appropriated.

(f)   In regard to student loans, grants, and scholarship programs, the Commission on Higher Education may determine and distribute funds from the Critical Needs Nursing Initiative Fund to the institution for allocation to eligible students consistent with the guidelines of this paragraph.

(7)(a)   The Office of Health Care Workforce Research is hereby created within the South Carolina Area Health Education Consortium (SCAHEC). The purpose of the Office of Health Care Workforce Research is to analyze nursing workforce supply and demand and predict the need for registered nurses and other health care professionals in this State and must be located within the South Carolina Center for Nursing Leadership.

(b)   The Office of Health Care Workforce Research shall collaborate with the Office of Research and Statistics of the Budget and Control Board, the South Carolina Center for Nursing Leadership, health profession education programs, professional associations representing the various health profession disciplines, the health care delivery system, and the executive and legislative branches of government to monitor the need for and educational capacity for health care professionals in South Carolina. The SCAHEC shall establish a steering committee to determine priorities of the office. The steering committee shall be composed of representatives from various health care professions to include nursing, medicine, dentistry, pharmacy, and allied health.

(c)   A comprehensive database shall be developed and used to study and monitor the supply and demand trends in nursing, medicine, pharmacy, dentistry, and other health profession disciplines.

(d)   The duties and functions of the office include, but are not limited to:

(1)   collaborating with other appropriate entities to expand nursing workforce data collection and analysis;

(2)   conducting an annual nursing workforce needs survey, using a manpower prediction model for staffing, to create a statewide database of nursing supply and demand statistics for health care employers in this State;

(3)   studying and monitoring trends in the recruitment, retention, and education of associate, baccalaureate, masters, and doctorate-prepared nurses;

(4)   soliciting information regarding current budgeted nursing positions, vacancies, projected staffing requirements, and turnover data;

(5)   providing workforce data and analysis to assist in development of nursing workforce policy; and

(6)   replicating a supply and demand workforce model for other health professions.

(e)   In regard to funding for the Office of Health Care Workforce Research, the commission upon consultation with members of the Advisory Committee on Academic Programs (ACAP) from institutions with accredited nursing programs and the chairperson, or designee, of the South Carolina Council of Deans and Directors in Nursing Education, shall determine and distribute funds from the Critical Needs Nursing Initiative Fund directly to the Office of Health Care Workforce Research for its uses and purposes consistent with the guidelines of this paragraph.

(f)   Funding for the Office of Health Care Workforce Research for fiscal year 2007-2008 is to be provided by the Commission on Higher Education from the Critical Needs Nursing Initiative Fund within available funds.

(8)(a)   It is the intent of this item (8) to encourage the utilization of technology for new education models at all public institutions of higher learning in this State as defined in Section 59-103-5 with an accredited nursing program leading to an Associate Degree in Nursing, a Bachelor of Science in Nursing, or a Masters in Nursing degree. These new models shall utilize simulation technology and equipment to educate nurses from funds provided by the General Assembly in the Critical Needs Nursing Imitative Fund and allocated by the Commission on Higher Education for this purpose. These funds must be allocated to the institutions with an accredited nursing program by the Commission on Higher Education. The commission upon consultation with members of the Advisory Committee on Academic Programs (ACAP) from institutions with accredited nursing programs and the chairperson, or designee, of the South Carolina Council of Deans and Directors in Nursing Education shall develop guidelines as to how these funds must be allocated.

(b)   In regard to the use of simulation technology and equipment in nursing education, the Commission on Higher Education shall determine and distribute funds from the Critical Needs Nursing Initiative Fund to the institutions where such funds will be used and the governing body of the institution shall determine how these funds shall be used consistent with the guidelines of this paragraph.

(c)   Funding for the use of simulation technology and equipment in nursing education shall be provided by the Commission on Higher Education from the Critical Needs Nursing Initiative Fund based on available funds.

(9)   To meet the nursing initiatives provided by this paragraph, the Commission on Higher Education and public institutions of higher learning providing nursing education in fiscal year 2007-2008 also may use funds provided for use in these areas that are derived from private or federal government sources.

(10)   In addition to the provisions of Item (6), the Commission on Higher Education in fiscal year 2007-2008 is authorized to promulgate those regulations necessary to implement the provisions of this paragraph.   /
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

Section 5A, as amended, was adopted.

SECTION 5B

Section 5B was adopted.

SECTION 5D

Section 5D was adopted.

SECTION 5K

Section 5K was adopted.

SECTION 5M

Section 5M was adopted.

SECTION 5N

Section 5N was adopted.

SECTION 8--AMENDED AND ADOPTED

Rep. CRAWFORD proposed the following Amendment No. 281 (Doc Name h:\legwork\house\amend\h-wm\009\part ib abstinence crawford.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 403, paragraph 8.29, line 5, by inserting:
/Of the Funds $25,000 shall be allocated to DHEC for the Abstinence Program./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. BALES and EDGE proposed the following Amendment No. 283 (Doc Name h:\legwork\house\amend\h-wm\009\ib eastover clinic.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 403, paragraph 8.29, line 5, by inserting:
/Of the funds, $200,000 shall be allocated to the Eastover Medical Center./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. BALES explained the amendment.
The amendment was then adopted.

Rep. EDGE proposed the following Amendment No. 271 (Doc Name h:\legwork\house\amend\h-wm\008\in home nursing program.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 405, after line 18, by adding an appropriately numbered paragraph to read:
/(DHHS: In-Home Nursing Program) Of the funds appropriated to the department, $200,000 shall be used for the In-Home Nursing Program in order to raise nurse wages./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. EDGE proposed the following Amendment No. 176 (Doc Name h:\legwork\house\amend\h-wm\008\high management group homes.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 404, paragraph 8.35, lines 15-33, by striking the proviso in its entirety and inserting:/   8.35.(DHHS: High Management Group Homes) An existing facility currently licensed by the South Carolina Department of Social Services and enrolled with the Medicaid agency as a High Management Group Home provider may elect to be enrolled with the Medicaid agency as a Psychiatric Residential Treatment Facility provided the facility meets the following criteria:

1) Department of Health and Environmental Control licensing standards outlined in Regulation 61-103 regarding Residential Treatment Facilities;

2) State and federal laws, regulations, and policies regarding participation as a Psychiatric Residential Treatment Facility;

The facility may request and be granted a Certificate of Need exemption from the Department of Health and Environmental Control. If the current facility cannot meet licensing standards or obtain an exemption or waiver from the Department of Health and Environmental Control, the high management facility, licensed by the Department of Social Services and enrolled with the Medicaid agency as a High Management Group Home, may move and rebuild within the adjacent 20 miles.

High Management Group Homes not electing to operate as a Psychiatric Residential Treatment Facility may continue to receive non-Medicaid state and federal funds only, except as allowed under a transition plan authorized by the Medicaid agency./
Renumber sections to conform.
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Rep. EDGE explained the amendment.
The amendment was then adopted.

Section 8, as amended, was adopted.

SECTION 9--AMENDED AND ADOPTED

Rep. GULLICK proposed the following Amendment No. 177 (Doc Name h:\legwork\house\amend\h-wm\001\cg dhec 10k lake wylie.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 413, after line 17, by adding an appropriately numbered paragraph to read:
/(DHEC: Lake Wylie Water Testing) Of the funds appropriated to or authorized for the Department of Health and Environmental Control, $10,000 shall be provided to York County for ongoing water quality testing on Lake Wylie./
Renumber sections to conform.
Amend totals and titles to conform.

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

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

Rep. PERRY proposed the following Amendment No. 232 (Doc Name h:\legwork\house\amend\h-wm\001\perry sr lab 77.8k.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 413, after line 17, by adding an appropriately numbered paragraph to read:
/(DHEC: Savannah River National Lab) Of the funds appropriated to or authorized for the Department of Health and Environmental Control, $77,800 shall be used for the Savannah River National Laboratory Life Science Commercialization Program./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. EDGE proposed the following Amendment No. 290 (Doc Name h:\legwork\house\amend\h-wm\008\hospital infections report.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 413, after line 17, by adding an appropriately numbered paragraph to read:
/(DHEC: Hospital Infections Reports) Of the funds appropriated to the department for Infectious Diseases, $276,245 will be allocated for Hospital Infections Reports./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 9, as amended, was adopted.

SECTION 10--AMENDED AND ADOPTED

Rep. J. H. NEAL proposed the following Amendment No. 113 (Doc Name h:\legwork\house\amend\h-wm\009\lrc mental health center 3.6m.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 416, after line 9, by adding an appropriately numbered paragraph to read:
/(DMH: Lower Richland Community Mental Health Center) Of the funds utilized for Crisis Stabilization, the Department of Mental Health shall use $3,600,000 to re-open the Lower Richland Community Mental Health Center. /
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then rejected.

Rep. J. H. NEAL proposed the following Amendment No. 114 (Doc Name h:\legwork\house\amend\h-wm\009\lrc mental health center.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 416, after line 9, by adding an appropriately numbered paragraph to read:
/(DMH: Lower Richland Community Mental Health Center) Of the funds utilized for Crisis Stabilization, the Department of Mental Health shall use $2,000,000 to re-open the Lower Richland Community Mental Health Center. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. H. NEAL explained the amendment.
Rep. EDGE spoke against the amendment.
Rep. J. H. NEAL spoke in favor of the amendment.

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

Rep. CRAWFORD proposed the following Amendment No. 266 (Doc Name h:\legwork\house\amend\h-wm\009\ib dorcchar rep. crawford.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 416, after line 9, by adding an appropriately numbered paragraph to read:
/(DMH: Charleston Dorchester Inpatient Acute Crisis Care for the Indigent) of the funds appropriated to the department of mental health for critical services, the department shall appropriated 20,000 to the Charleston Dorchester Community Mental Health Center for reimbursement of inpatient acute crisis care for the indigent provided through contract./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. CRAWFORD explained the amendment.
The amendment was then adopted.

Section 10, as amended, was adopted.

SECTION 11

Section 11 was adopted.

SECTION 12

Section 12 was adopted.

SECTION 13

Section 13 was adopted.

SECTION 17--AMENDED AND ADOPTED

Rep. BALLENTINE proposed the following Amendment No. 85 (Doc Name h:\legwork\house\amend\h-wm\011\17.1 nb 60k.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 17, STATE LIBRARY, page 423, paragraph 17.1, line 14, by striking /$50,000/ and inserting /$60,000/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. VIERS proposed the following Amendment No. 261 (Doc Name h:\legwork\house\amend\h-wm\004\viers 1b 17.1 aid co lib.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 17, STATE LIBRARY, page 423, paragraph 17.1, line 15, by inserting after "year.":
/Any increase of "Aid to County Library" funds from FY07-08 appropriations shall be used exclusively to purchase books./
Renumber sections to conform.
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Rep. VIERS explained the amendment.
Rep. RICE spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. VIERS moved to adjourn debate on the section.

Rep. OTT moved to table the motion, which was agreed to.

Section 17, as amended, was adopted.

SECTION 20

Section 20 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 24

Section 24 was adopted.

SECTION 26--ADOPTED

Rep. BOWERS proposed the following Amendment No. 245 (Doc Name h:\legwork\house\amend\h-wm\003\bowers park fees.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 431, paragraph 26.4, line 21, by inserting:
/However, the department may exempt a state park from collecting admission fees if the park provides financial information that demonstrates it can collect on an annual basis a total amount of revenue equal to the total amount of revenue collected in the prior fiscal year./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BOWERS explained the amendment.

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

Rep. BOWERS proposed the following Amendment No. 57 (Doc Name h:\legwork\house\amend\h-wm\003\bowers prt fee.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 433, after line 11, by adding an appropriately numbered paragraph to read:
/(PRT: Lake Warren State Park) for the current fiscal year, an entrance fee may not be charged for persons to enter the Lake Warren State Park./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BOWERS explained the amendment.

Rep. HINSON moved to table the amendment.

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

Yeas 60; Nays 50

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bowen
Brady                  Cato                   Chellis
Clemmons               Cooper                 Cotty
Crawford               Delleney               Duncan
Edge                   Gambrell               Gullick
Hagood                 Haley                  Hardwick
Harrell                Harrison               Haskins
Hinson                 Hiott                  Huggins
Kelly                  Kirsh                  Leach
Limehouse              Loftis                 Lowe
Lucas                  Mahaffey               Merrill
Owens                  E. H. Pitts            Rice
Sandifer               Scott                  Shoopman
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Spires                 Stewart                Talley
Taylor                 Thompson               Toole
Umphlett               Viers                  White
Whitmire               Witherspoon            Young

Total--60

Those who voted in the negative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Bowers
Branham                Breeland               G. Brown
R. Brown               Ceips                  Chalk
Clyburn                Cobb-Hunter            Coleman
Dantzler               Davenport              Frye
Funderburk             Hamilton               Hart
Harvin                 Hayes                  Herbkersman
Hodges                 Hosey                  Howard
Jefferson              Jennings               Kennedy
Knight                 Mack                   McLeod
Miller                 Moss                   Mulvaney
J. H. Neal             J. M. Neal             Ott
Parks                  Perry                  Rutherford
Scarborough            Sellers                D. C. Smith
Stavrinakis            Vick                   Walker
Whipper                Williams

Total--50

So, the amendment was tabled.

AMENDMENT NO. 245--MOTION TO
RECONSIDER TABLED

Rep. R. BROWN moved to reconsider the vote whereby Amendment No. 245 was tabled.

Rep. HINSON moved to table the motion to reconsider.

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

Yeas 61; Nays 46

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bowen
Brady                  Cato                   Ceips
Chellis                Clemmons               Cooper
Cotty                  Crawford               Davenport
Delleney               Gambrell               Gullick
Hagood                 Haley                  Hardwick
Harrell                Haskins                Herbkersman
Hinson                 Hiott                  Huggins
Kelly                  Kirsh                  Leach
Limehouse              Littlejohn             Loftis
Lowe                   Lucas                  Mahaffey
Merrill                Mulvaney               J. H. Neal
Owens                  E. H. Pitts            Rice
Sandifer               Shoopman               Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Spires                 Stewart
Talley                 Taylor                 Thompson
Umphlett               Viers                  Walker
White                  Whitmire               Witherspoon
Young

Total--61

Those who voted in the negative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Bowers
Branham                Breeland               G. Brown
R. Brown               Chalk                  Clyburn
Cobb-Hunter            Coleman                Dantzler
Duncan                 Frye                   Funderburk
Hamilton               Hart                   Harvin
Hayes                  Hodges                 Hosey
Howard                 Jefferson              Jennings
Kennedy                Knight                 Mack
McLeod                 Miller                 Moss
J. M. Neal             Ott                    Parks
Perry                  Rutherford             Scott
Sellers                D. C. Smith            Stavrinakis
Toole                  Vick                   Whipper
Williams

Total--46

So, the motion to reconsider was tabled.

Section 26 was adopted.

SECTION 29A--ADOPTED

Reps. CLEMMONS, BARFIELD, EDGE, HARDWICK, HAYES, VIERS, WITHERSPOON, JENNINGS, LUCAS, NEILSON, VICK, WILLIAMS, ALEXANDER, BRANHAM, CRAWFORD, LOWE, ANDERSON, MILLER and BATTLE proposed the following Amendment No. 291 (Doc Name h:\legwork\house\amend\h-wm\001\ac 29a.inkind revised 2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 29A, S.C. CONSERVATION BANK, page 437, after line 32, by adding an appropriately numbered paragraph to read:
/(CB: In-Kind Compensatory Mitigation) All wetland acreages acquired with funds from the South Carolina Conservation Bank Trust Fund in the current fiscal year must be accepted by all South Carolina agency parties to the South Carolina interagency standard operating procedures for use as in-kind compensatory mitigation for public highway projects included in the State Transportation Improvement Program (STIP) in the same watershed. A maximum ratio of 10 acres of preservation for each impacted wetland acre must be used. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. WITHERSPOON explained the amendment.

POINT OF ORDER

Rep. SELLERS raised the Point of Order that Amendment No. 291 was out of order in that it was not germane to the Bill under House Rule 5.3(B).
SPEAKER HARRELL stated that the Amendment was germane to the Bill and he overruled the Point of Order.

Rep. HAGOOD spoke against the amendment.
Rep. CLEMMONS spoke in favor of the amendment.

Rep. HAGOOD moved to table the amendment.

The amendment was then tabled by a division vote of 46 to 40.

Reps. CLEMMONS, BARFIELD, EDGE, HARDWICK, HAYES, VIERS, WITHERSPOON, JENNINGS, LUCAS, NEILSON, VICK, WILLIAMS, ALEXANDER, BRANHAM, CRAWFORD, LOWE, ANDERSON, MILLER and BATTLE proposed the following Amendment No. 292 (Doc Name h:\legwork\house\amend\h-wm\007\clemmons i 73 revised 2.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 29A, S.C. CONSERVATION BANK, page 437, after line 32, by adding an appropriately numbered paragraph to read:
/(CB: In-Kind Compensatory Mitigation) All wetland acreages acquired with funds from the South Carolina Conservation Bank Trust Fund in the current fiscal year must be accepted by all South Carolina agency parties to the South Carolina interagency standard operating procedures for use as in-kind compensatory mitigation for public highway projects associated with I-73, including in the State Transportation Improvement Program (STIP) in the same watershed. A maximum ratio of 10 acres of preservation for each impacted wetland acre must be used. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. CLEMMONS explained the amendment.

Rep. SELLERS moved to table the amendment.

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

Yeas 51; Nays 61

Those who voted in the affirmative are:

Agnew                  Ballentine             Bowers
Brady                  Brantley               Breeland
R. Brown               Ceips                  Chalk
Cobb-Hunter            Cotty                  Duncan
Funderburk             Govan                  Hagood
Haley                  Hart                   Herbkersman
Hinson                 Hiott                  Hodges
Howard                 Huggins                Kirsh
Knight                 Limehouse              Mack
McLeod                 Merrill                J. H. Neal
Ott                    Owens                  Pinson
E. H. Pitts            Rice                   Rutherford
Scarborough            Scott                  Sellers
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            Spires                 Stavrinakis
Taylor                 Thompson               Toole
Umphlett               Whipper                Whitmire

Total--51

Those who voted in the negative are:

Alexander              Anderson               Anthony
Bales                  Bannister              Barfield
Battle                 Bedingfield            Bowen
Branham                G. Brown               Cato
Chellis                Clemmons               Clyburn
Coleman                Cooper                 Crawford
Dantzler               Davenport              Delleney
Edge                   Frye                   Gambrell
Gullick                Hamilton               Hardwick
Harrell                Harvin                 Haskins
Hayes                  Hosey                  Jefferson
Jennings               Kelly                  Kennedy
Leach                  Littlejohn             Loftis
Lowe                   Lucas                  Mahaffey
Miller                 Moss                   Mulvaney
J. M. Neal             Parks                  Sandifer
Shoopman               Simrill                G. R. Smith
W. D. Smith            Stewart                Talley
Vick                   Viers                  Walker
White                  Williams               Witherspoon
Young

Total--61

So, the House refused to table the amendment.

RECORD FOR VOTING

Regarding Amendment No. 292, my vote was in error and should have been cast to table the Amendment.

Rep. Carl Gullick

POINT OF ORDER

Rep. WHIPPER raised the Point of Order that Amendment No. 292 was out of order in that it was not germane to the Bill under House Rule 5.3(B).
SPEAKER HARRELL stated that the Amendment was germane to the Bill and he overruled the Point of Order.

Rep. DUNCAN spoke against the amendment.
Rep. HAGOOD spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 47; Nays 66

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Bales                  Barfield               Battle
Bedingfield            Branham                Cato
Clemmons               Clyburn                Cooper
Crawford               Dantzler               Davenport
Delleney               Edge                   Frye
Gambrell               Gullick                Hamilton
Hardwick               Harrell                Haskins
Hayes                  Hosey                  Jennings
Knight                 Leach                  Littlejohn
Loftis                 Lucas                  Miller
Moss                   Mulvaney               J. M. Neal
Perry                  Sandifer               Shoopman
Stewart                Vick                   Viers
Walker                 White                  Williams
Witherspoon            Young

Total--47

Those who voted in the negative are:

Agnew                  Ballentine             Bannister
Bowen                  Bowers                 Brady
Brantley               Breeland               G. Brown
R. Brown               Ceips                  Chalk
Chellis                Cobb-Hunter            Coleman
Cotty                  Duncan                 Funderburk
Govan                  Hagood                 Haley
Harrison               Hart                   Herbkersman
Hinson                 Hiott                  Hodges
Howard                 Huggins                Jefferson
Kelly                  Kennedy                Kirsh
Limehouse              Lowe                   Mack
Mahaffey               McLeod                 Merrill
Mitchell               J. H. Neal             Ott
Owens                  Parks                  Pinson
E. H. Pitts            Rice                   Rutherford
Scarborough            Scott                  Sellers
Simrill                Skelton                D. C. Smith
G. M. Smith            J. R. Smith            W. D. Smith
Spires                 Stavrinakis            Talley
Taylor                 Thompson               Toole
Umphlett               Whipper                Whitmire

Total--66

So, the amendment was rejected.

RECORD FOR VOTING

Regarding Amendment No. 292, my vote was in error and should have been cast to reject the Amendment.

Rep. Patsy Knight

Section 29A was adopted.

SECTION 36--ADOPTED

Rep. COBB-HUNTER proposed the following Amendment No. 138 (Doc Name h:\legwork\house\amend\h-wm\010\dps hiring.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 449, after line 35, by adding an appropriately numbered paragraph to read:
/36.pps.   (DPS: Employment and Promotional Process Study) The Department of Public Safety is directed to contract with an outside provider to conduct an independent review of the processes and procedures used to select highway patrol officers for employment and to select officers for promotional opportunities. Recommendations from the study must include steps to ensure that the agency's employment and promotional processes and procedures avoid special privileges and are fair, open, and consistent. The study and its recommendations must be reported to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways & Means Committee no later than January 31, 2008./
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.
Rep. MACK spoke in favor of the amendment.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 138 was out of order in that it was not germane to the Bill under House Rule 5.3(B).
SPEAKER HARRELL stated that the Amendment was germane to the Bill and he overruled the Point of Order.

Rep. MACK continued speaking.
Rep. SIMRILL spoke against the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. SIMRILL continued speaking.
Rep. HOWARD spoke in favor of the amendment.

Rep. HINSON moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 59; Nays 28

Those who voted in the affirmative are:

Anthony                Ballentine             Bannister
Barfield               Bedingfield            Bowen
Brady                  Cato                   Ceips
Chalk                  Chellis                Clemmons
Cotty                  Crawford               Davenport
Delleney               Duncan                 Edge
Gullick                Hagood                 Haley
Hamilton               Hardwick               Harrison
Hayes                  Hinson                 Huggins
Kelly                  Leach                  Loftis
Lowe                   Lucas                  Mahaffey
Moss                   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
Talley                 Taylor                 Thompson
Toole                  Umphlett               Viers
Walker                 White                  Whitmire
Witherspoon            Young

Total--59

Those who voted in the negative are:

Alexander              Allen                  Anderson
Bowers                 Brantley               Breeland
R. Brown               Clyburn                Cobb-Hunter
Funderburk             Govan                  Hart
Harvin                 Hodges                 Hosey
Howard                 Jefferson              Knight
Littlejohn             Mack                   McLeod
Miller                 J. H. Neal             Ott
Parks                  Rutherford             Scott
Williams

Total--28

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 297 (Doc Name h:\legwork\house\amend\h-wm\007\dps hiring 30,000 cap.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 449, after line 35, by adding an appropriately numbered paragraph to read:
/36.pps.   (DPS: Employment and Promotional Process Study) The Department of Public Safety is directed to contract with an outside provider to conduct an independent review of the processes and procedures used to select highway patrol officers for employment and to select officers for promotional opportunities. Funds expended for this contract may not exceed $30,000. Recommendations from the study must include steps to ensure that the agency's employment and promotional processes and procedures avoid special privileges and are fair, open, and consistent. The study and its recommendations must be reported to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways & Means Committee no later than January 31, 2008./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. H. NEAL explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 53; Nays 36

Those who voted in the affirmative are:

Anthony                Bannister              Barfield
Battle                 Bedingfield            Bowen
Cato                   Ceips                  Chellis
Clemmons               Cooper                 Cotty
Crawford               Delleney               Duncan
Gambrell               Gullick                Hagood
Hamilton               Hardwick               Harrison
Herbkersman            Hinson                 Hiott
Kelly                  Kirsh                  Leach
Limehouse              Lowe                   Lucas
Mahaffey               Merrill                Moss
Mulvaney               Perry                  Rice
Scarborough            Shoopman               Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Thompson
Umphlett               Viers                  Walker
White                  Young

Total--53

Those who voted in the negative are:

Alexander              Anderson               Ballentine
Bowers                 Brantley               Breeland
G. Brown               Clyburn                Cobb-Hunter
Funderburk             Haley                  Hart
Harvin                 Hodges                 Hosey
Howard                 Huggins                Jefferson
Knight                 Littlejohn             Mack
McLeod                 Miller                 Mitchell
J. H. Neal             Ott                    Parks
E. H. Pitts            Rutherford             Scott
Sellers                Spires                 Stavrinakis
Toole                  Whipper                Williams

Total--36

So, the amendment was tabled.

Section 36 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 53--ADOPTED

Rep. LOFTIS proposed the following Amendment No. 267 (Doc Name h:\legwork\house\amend\h-wm\009\traffic congestion study rep. loftis.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 53, DEPARTMENT OF TRANSPORTATION, page 469, after line 15, by adding an appropriately numbered paragraph to read:
/(DOT: Traffic Congestion Study) The Department of Transportation shall use up to $50,000 of the funds appropriated to conduct a study of traffic congestion on state-maintained roads. The study will include as a component of its objective, the development of a cost-per-delay-hour standard. The purpose of the new standard will be a tool for measuring and mitigating traffic congestion through effective transportation planning. The department shall submit a report to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways & Means Committee by June 30, 2008./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LOFTIS explained the amendment.
Rep. LOFTIS spoke in favor of the amendment.

Rep. LUCAS moved to table the amendment.

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

The amendment was then tabled by a division vote of 34 to 22.

Section 53 was adopted.

SECTION 53C

Section 53C was adopted.

SECTION 56DD

Section 56DD was adopted.

SECTION 63--AMENDED AND ADOPTED

Rep. WITHERSPOON proposed the following Amendment No. 247 (Doc Name h:\legwork\house\amend\council\dka\3235dw07.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 495, paragraph 63.33, line 21, by striking the paragraph beginning on line 21 and inserting: / The Forestry Commission shall be authorized to retain the net proceeds from the sale of tracts transfer a tract of land containing a total of twenty ten acres or less in Bamberg and Orangeburg Counties Horry County to the City of Loris to be used by the city for a park. Receipts generated by the sale of these tracts this tract shall be utilized for the agency's capital improvement and/or facility maintenance program. The commission may sell these tracts this tract of land at or above fair market value as determined by independent appraisal. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. WITHERSPOON explained the amendment.

POINT OF ORDER

Rep. HINSON raised the Point of Order that Amendment No. 247 was out of order in that it was not germane to the Bill under House Rule 5.3(B).
SPEAKER PRO TEMPORE W. D. SMITH stated that the Amendment was germane to the Bill and he overruled the Point of Order.

Rep. HINSON moved to table the amendment.

The amendment was then tabled by a division vote of 36 to 17.

Rep. SCOTT proposed the following Amendment No. 189 (Doc Name h:\legwork\house\amend\h-wm\004cott scott 1b 20k 4%.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 499, paragraph 63.54, line 28, by striking / shall be increased by 3%./ and by inserting /with an annual equivalent salary equal to or less than $15,000 shall be increased by 4% and the compensation of all classified and non-judge judicial classified employees with an annual equivalent salary greater than $15,000 shall be increased by 3%./
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:

Yeas 69; Nays 36

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bowen
Brady                  Cato                   Ceips
Chalk                  Chellis                Clemmons
Coleman                Cooper                 Cotty
Crawford               Dantzler               Davenport
Delleney               Duncan                 Frye
Gambrell               Gullick                Hagood
Haley                  Hamilton               Hardwick
Harrison               Haskins                Herbkersman
Hinson                 Hiott                  Huggins
Kelly                  Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
Mahaffey               Merrill                Miller
Mulvaney               Owens                  Perry
Pinson                 E. H. Pitts            Rice
Sandifer               Scarborough            Shoopman
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Spires
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
White                  Whitmire               Young

Total--69

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Bowers
Branham                Brantley               Breeland
G. Brown               R. Brown               Clyburn
Govan                  Hart                   Harvin
Hayes                  Hodges                 Hosey
Howard                 Jefferson              Jennings
Kennedy                Mack                   McLeod
Mitchell               Moss                   J. H. Neal
J. M. Neal             Ott                    Parks
Scott                  Sellers                Stavrinakis
Viers                  Whipper                Williams

Total--36

So, the amendment was tabled.

Rep. SCOTT proposed the following Amendment No. 186 (Doc Name h:\legwork\house\amend\h-wm\004cott scott 1b 20k 4%.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 499, paragraph 63.54, line 28, by striking / shall be increased by 3%./ and by inserting /with an annual equivalent salary equal to or less than $20,000 shall be increased by 4% and the compensation of all classified and non-judge judicial classified employees with an annual equivalent salary greater than $20,000 shall be increased by 3%./
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:

Yeas 64; Nays 35

Those who voted in the affirmative are:

Bannister              Barfield               Battle
Bedingfield            Bowen                  Brady
Cato                   Ceips                  Chalk
Chellis                Clemmons               Clyburn
Cooper                 Cotty                  Crawford
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Gambrell               Gullick                Hagood
Haley                  Hardwick               Herbkersman
Hinson                 Hiott                  Huggins
Kelly                  Kirsh                  Knight
Leach                  Littlejohn             Lowe
Lucas                  Mahaffey               Merrill
Moss                   Mulvaney               Owens
Perry                  Pinson                 E. H. Pitts
Rice                   Sandifer               Scarborough
Shoopman               Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Spires                 Stewart                Taylor
Thompson               Toole                  Umphlett
Viers                  White                  Whitmire
Young

Total--64

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Bowers
Brantley               Breeland               G. Brown
Funderburk             Govan                  Hamilton
Hart                   Harvin                 Haskins
Hayes                  Hodges                 Hosey
Howard                 Jefferson              Jennings
Kennedy                Mack                   McLeod
Miller                 Mitchell               J. H. Neal
J. M. Neal             Ott                    Parks
Scott                  Sellers                Stavrinakis
Whipper                Williams

Total--35

So, the amendment was tabled.

Rep. SCOTT proposed the following Amendment No. 180 (Doc Name h:\legwork\house\amend\h-wm\004cott scott 1b 35k 4%.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 499, paragraph 63.54, line 28, by striking / shall be increased by 3%./ and by inserting /with an annual equivalent salary equal to or less than $35,000 shall be increased by 4% and the compensation of all classified and non-judge judicial classified employees with an annual equivalent salary greater than $35,000 shall be increased by 3%./
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:

Yeas 63; Nays 31

Those who voted in the affirmative are:

Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bowen
Brady                  Cato                   Chalk
Chellis                Coleman                Cooper
Cotty                  Crawford               Dantzler
Davenport              Delleney               Duncan
Frye                   Gambrell               Gullick
Hagood                 Haley                  Hamilton
Hardwick               Harrison               Herbkersman
Hinson                 Hiott                  Huggins
Jennings               Kelly                  Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Merrill                Owens                  Perry
Pinson                 E. H. Pitts            Rice
Sandifer               Scarborough            Shoopman
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Spires
Stavrinakis            Taylor                 Thompson
Toole                  Umphlett               Viers
White                  Witherspoon            Young

Total--63

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Bowers
Brantley               Breeland               G. Brown
Clyburn                Funderburk             Govan
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Howard
Jefferson              Kennedy                Mack
McLeod                 Miller                 Mitchell
J. H. Neal             J. M. Neal             Ott
Parks                  Scott                  Sellers
Williams

Total--31

So, the amendment was tabled.

Rep. HAGOOD proposed the following Amendment No. 243 (Doc Name h:\legwork\house\amend\h-wm\004\hagood sullivans island .doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 500, after line 28, by adding an appropriately numbered paragraph to read:
/(BCB: Sullivan's Island Property Lease) The Budget and Control Board is directed to lease to the Town of Sullivan's Island the warehouse, property and adjacent dock structure located at 1602 Thompson Avenue, Sullivan's Island, South Carolina for a period of 20 years for $5,000 per year. As a condition of the lease, the town must present for approval to the Charleston legislative delegation, no later than March 2008, a plan to stabilize, preserve and renovate the warehouse, dock and dock house structure. The plan shall include, but is not limited to, cost estimates, funding sources and a timeline for the project. Upon approval, the town's obligations under the plan shall be incorporated into the lease. The lease shall provide, in addition to standard state lease provisions, an early termination provision, after notice and reasonable opportunity to cure, for failure to make substantial progress towards renovations of any structure or for failure to renovate any structure by the scheduled date approved by the delegation. The town must provide the delegation a status report on their progress every six months. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HAGOOD explained the amendment.

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

Rep. KIRSH proposed the following Amendment No. 244 (Doc Name h:\legwork\house\amend\h-wm\004\kirshibrent reduction2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 500, after line 28, by adding an appropriately numbered paragraph to read: /(BCB: Agency Rent Adjustments) Due to the maturity of outstanding lease revenue bonds the Budget and Control Board is directed to reduce rent paid by the following agencies as follows: Department of Revenue, Columbia Mills Building - $436,288; and the State Museum, Columbia Mills Building - $396,675./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. LOFTIS and WITHERSPOON proposed the following Amendment No. 293 (Doc Name h:\legwork\house\amend\h-wm\003\loftis land proviso 2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 500, after line 28, by adding an appropriately numbered paragraph to read:
/(land study) The Budget and Control Board is directed to provide for a study of all public lands in the State, including those lands that have been protected using County, State, Federal, or other funds for conservation, or related protections. The objective of the study is to determine the amount of land in the State that is subject to restrictions that would affect its development. The study will identify the following: 1) If the owner is private or public, and if public, the entity holding title to the property.
2) Number of acres of each tract. 3) The type of conservation or other protection(s) accompanying the title to the property. 4) Any other development limitations, protections or rights, but not easements for public utilities or other similar purposes.
The board may spend up to $75,000 for the study. The board must submit a report to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee by January 15, 2008./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LOFTIS explained the amendment.

Rep. SKELTON moved to table the amendment, which was agreed to by a division vote of 34 to 32.

Rep. G. M. SMITH proposed the following Amendment No. 305 (Doc Name h:\legwork\house\amend\council\gjk\20190sd07.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, Budget and Control Board, by adding a new paragraph appropriately numbered to read:
/     63.   ____.   All contracts of insurance or reinsurance for state property, casualty, or tort insurance coverages entered into by the Budget and Control Board in fiscal year 2007-2008 must be awarded by competitive sealed bid in the manner provided by Section 11-35-1520 of the consolidated procurement code./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 63, as amended, was adopted.

SECTION 72--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 7 (Doc Name h:\legwork\house\amend\h-wm\011\without comp. hk.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 530, paragraph 72.91, line 8, by inserting:
/Committee members shall serve without compensation./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. KIRSH proposed the following Amendment No. 6 (Doc Name h:\legwork\house\amend\h-wm\011\streic no compensation hk.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, paragraph 72.99, lines 15 and 16, by striking the lines in their entirety and inserting:/designee, and the Director of the South Carolina Institute for Energy Studies, who shall serve as Chairman. When on business of the council, members shall be entitled to receive such compensation as provided by law for members of boards and commissions. the commission shall serve without compensation./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. WHITE proposed the following Amendment No. 219 (Doc Name h:\legwork\house\amend\h-wm\004\white 72.101 light rail.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, paragraph 72.101, line 27, by inserting after "Officer.":
/The procurement associated with the South Carolina Light Rail shall include a public/private sector partnership. South Carolina Light Rail is a research network and is reserved for the use of the state's research universities. The network must be used solely for the exchange of data directly and integrally related to research projects conducted by one or more of the three research universities. The entity managing the network must submit quarterly to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee a report specifically identifying each entity with access to the network and the bandwidth devoted to each such entity./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. COOPER and HARRELL proposed the following Amendment No. 1 (Doc Name h:\legwork\house\amend\h-wm\001\cc 72 homeland security.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, after line 27, by adding an appropriately numbered paragraph to read:
/   (GP: Homeland Security Projects) Any homeland security project funded by the Unobligated Fiscal Year 2005-06 General Fund Revenue appropriated to the Budget and Control Board pursuant to Item (90), Proviso 73.14 of the Fiscal Year 2006-07 General Appropriations Act is exempt from the requirements of the South Carolina Consolidated Procurement Code. The President Pro Tempore of the Senate and the Speaker of the House of Representatives must authorize any expenditure of these funds. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. E. H. PITTS proposed the following Amendment No. 66 (Doc Name h:\legwork\house\amend\council\bbm\9857ssp07.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, after line 27, by adding an appropriately numbered paragraph to read:

/ . .(GP: Exemption From Sunday Sales Regulation) For the current fiscal year, the provisions of Chapter 1 of Title 53 do not apply to any county area, as defined in Section 6-4-5(1), which collects more than nine hundred dollars in one fiscal year in revenues from the accommodations tax provided for in Section 12-36-2630(3) and imposed in Section 12-36-920(A). /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. E. H. PITTS explained the amendment.
The amendment was then adopted.

Rep. MERRILL proposed the following Amendment No. 242 (Doc Name h:\legwork\house\amend\council\ggs\22804mm07.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, after line 27, by adding an appropriately numbered paragraph to read:
/   72.____.   (GP: Newsprint Sales Tax For AIDS and Buses)
For the current fiscal year only, the exemption from the state sales tax on the gross proceeds of sales or the sales price of newsprint paper and newspapers is suspended and the first five million dollars of the revenue derived from the suspension of that exemption must be allocated to the Department of Health and Environmental Control to be used in the AIDS Drug Assistance Program. Remaining revenues so derived must be allocated the State Department of Education for the purchase of new school buses./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MERRILL explained the amendment.
Rep. MERRILL spoke in favor of the amendment.
Rep. LUCAS spoke against the amendment.

Rep. HART moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 70; Nays 33

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bowers
Branham                Breeland               G. Brown
R. Brown               Cato                   Clyburn
Cobb-Hunter            Coleman                Cotty
Crawford               Dantzler               Davenport
Delleney               Frye                   Funderburk
Govan                  Gullick                Haley
Hamilton               Harrison               Hart
Harvin                 Hayes                  Hiott
Hodges                 Hosey                  Huggins
Jefferson              Jennings               Kennedy
Kirsh                  Knight                 Leach
Littlejohn             Lucas                  Mack
Mahaffey               McLeod                 Miller
Mitchell               Moss                   J. H. Neal
J. M. Neal             Ott                    Parks
Perry                  Pinson                 E. H. Pitts
Sandifer               Scott                  Shoopman
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Stavrinakis            Taylor
Thompson               Toole                  Whitmire
Williams

Total--70

Those who voted in the negative are:

Bales                  Bowen                  Brady
Chellis                Edge                   Gambrell
Hagood                 Hardwick               Harrell
Haskins                Herbkersman            Hinson
Kelly                  Limehouse              Loftis
Lowe                   Merrill                Mulvaney
Owens                  Rice                   Scarborough
Simrill                W. D. Smith            Spires
Stewart                Talley                 Umphlett
Viers                  Walker                 Whipper
White                  Witherspoon            Young

Total--33

So, the amendment was tabled.

SPEAKER IN CHAIR

Reps. W. D. SMITH and COOPER proposed the following Amendment No. 270 (Doc Name h:\legwork\house\amend\council\ bbm\9880ssp07.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, immediately after line 27, by adding an appropriately numbered paragraph to read:
/ 72. . (GP: Court Appointment Deferral Fund) For the current fiscal year, there is established the Court Appointment Deferral Fund to be maintained by the Supreme Court, in its discretion, for the sole purpose of allowing an attorney licensed to practice law in this State, who is not otherwise exempt from appointment pursuant to Rule 608(d), a one-year optional exemption from appointment to represent an indigent person in accordance with the requirements of Rule 608 upon the payment of a set fee established by the Supreme Court.

(B)   The Supreme Court shall promulgate rules in accordance with the provisions of Section 14-3-950 including, but not limited to, the establishment of:

(1)   an appropriate fee or fee schedule for a one-year exemption from appointment which may be not less than one thousand dollars and may be adjusted on a yearly basis for inflation or as the Supreme Court deems necessary on an ongoing basis;

(2)   a one-year time frame for which all exemptions would be subject; and

(3)   guidelines for the use of the fees collected for the defense of indigent persons. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. EDGE proposed the following Amendment No. 286 (Doc Name h:\legwork\house\amend\council\gjk\20220sd07.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, General Provisions, page 533, after line 27, by adding an appropriately numbered paragraph to read:
/ 72.__   (Employee Actions) Notwithstanding any other provision of law, for fiscal year 2007-2008, employees of an executive department of this State, except for the Department of Transportation, enumerated in Section 1-30-10(A) of the 1976 Code with a governing board who are unclassified, whose employment or compensation are decided by the governing board subject to specified approvals provided by law, and whose appointment or employment is subject to Senate confirmation may not be reassigned, terminated, or have their compensation reduced, except by majority vote of the governing board and approval by the Senate upon advice and consent prior to the action being taken or an interim appointment being made. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. LITTLEJOHN proposed the following Amendment No. 294 (Doc Name h:\legwork\house\amend\h-wm\005\littlejohn1b.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, after line 27, by adding an appropriately numbered paragraph to read:
/ (GP: academic center) Of the funds appropriated to the University of South Carolina Upstate for other operating expenses, $100,000 shall be transferred to Spartanburg Community College to support the academic center./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. G.M. SMITH proposed the following Amendment No. 304 (Doc Name h:\legwork\house\amend\h-wm\004\gm smith.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, after line 27, by adding an appropriately numbered paragraph to read:
/(GP: Clerks of Court) Of the funds appropriated to the Judicial Department for technology and as a condition for receiving these funds, the Clerks of Court of the counties shall give a ten-day notice, either by E-mail or United States mail, to the attorneys of record and all other persons representing themselves, pro se, that the court roster is available on the internet. If the notice is not given by E-mail, a copy of it must be mailed by United States mail to those persons of record including, but not limited to, those persons listed above. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. MERRILL proposed the following Amendment No. 306 (Doc Name h:\legwork\house\amend\council\dka\3248sd07.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, after line 27, by adding an appropriately numbered paragraph to read:
/ 72.___.   (   GP: Retention of Accommodations Taxes) Notwithstanding Section 12-36-2630 of the 1976 Code or any other provision of law, all accommodations taxes imposed by Section 12-36-920(A) and collected in a particular county shall be credited to the political subdivisions of that county in accordance with Chapter 4, Title 6 less the authorized deductions of the Department of Revenue's actual cost of administration and the authorized expenses of the Tourism Expenditure Review Committee established pursuant to Section 6-4-35./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MERRILL explained the amendment.

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

Rep. RICE proposed the following Amendment No. 308 (Doc Name h:\legwork\house\amend\h-wm\009\emp. ins. program rebates rice.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, page 533, after line 27, by adding an appropriately numbered paragraph to read:
/(GP: Insurance Program Incentives) The Employee Insurance Program of the Budget and Control Board is directed to develop, for employees and their spouses who participate in the health plans offered by the Employee Insurance Program, an incentive plan in order to encourage participation in programs, offered by the Employee Insurance Program, that promote health and prevention of disease. The Employee Insurance Program is further directed to implement a premium reduction or other financial incentive, beginning on January 1, 2008, for those employees and their spouses who participate in these programs. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. CLEMMONS, BARFIELD, EDGE, HARDWICK, HAYES, VIERS, WITHERSPOON, JENNINGS, LUCAS, NEILSON, VICK, WILLIAMS, ALEXANDER, BRANHAM, CRAWFORD, LOWE, ANDERSON, MILLER and BATTLE proposed the following Amendment No. 301 (Doc Name h:\legwork\house\amend\h-wm\003\ac29a.inkind revised 3 prov.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 533, after line 28, by adding an appropriately numbered paragraph to read:
/(CB: In-Kind Compensatory Mitigation) All wetland acreages acquired with funds from the South Carolina Conservation Bank Trust Fund in the current fiscal year must be accepted by all south carolina agency parties to the South Carolina interagency standard operating procedures for use as in-kind compensatory mitigation for public highway projects included in the State Transportation Improvement Program (STIP) in the same watershed. A maximum ratio of 10 acres of preservation for each impacted wetland acre must be used. The provisions of this paragraph do not apply where federal funds are being provided for the acquisition of protected lands together with conservation bank trust funds and the use of in-kind compensatory mitigation in the manner provided for herein will result in the loss of some or all of these federal funds based on a written determination of the appropriate federal agency./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. CLEMMONS explained the amendment.
Rep. WHIPPER spoke against the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. COTTY moved to table the amendment.

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

Yeas 56; Nays 52

Those who voted in the affirmative are:

Agnew                  Anderson               Ballentine
Bannister              Bowers                 Brady
Breeland               G. Brown               R. Brown
Ceips                  Cobb-Hunter            Cotty
Duncan                 Funderburk             Gambrell
Govan                  Gullick                Hagood
Haley                  Harrison               Hart
Harvin                 Herbkersman            Hinson
Hiott                  Hodges                 Huggins
Kennedy                Kirsh                  Knight
Leach                  Limehouse              Littlejohn
Mack                   McLeod                 Merrill
Miller                 Ott                    Parks
Pinson                 Sandifer               Scarborough
Scott                  Sellers                Simrill
Skelton                G. M. Smith            J. R. Smith
Stavrinakis            Talley                 Taylor
Thompson               Toole                  Umphlett
Whipper                Whitmire

Total--56

Those who voted in the negative are:

Alexander              Bales                  Barfield
Battle                 Bedingfield            Bowen
Branham                Cato                   Chellis
Clemmons               Clyburn                Coleman
Cooper                 Crawford               Dantzler
Davenport              Delleney               Edge
Frye                   Hamilton               Hardwick
Harrell                Haskins                Hayes
Hosey                  Jefferson              Jennings
Kelly                  Loftis                 Lucas
Mahaffey               Mitchell               Moss
Mulvaney               J. H. Neal             J. M. Neal
Owens                  Perry                  E. H. Pitts
Rice                   Shoopman               G. R. Smith
W. D. Smith            Spires                 Stewart
Vick                   Viers                  Walker
White                  Williams               Witherspoon
Young

Total--52

So, the amendment was tabled.

Section 72, as amended, was adopted.

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

MOTION NOTED

Rep. COOPER moved to reconsider the vote whereby Part IA, Sections 22, 23A, 24, 26, 27, 29A, 30, 38, 46, 50, 53, 53B, 54A, 54B, 56A, 56C, 61, 63, 63C; Part 1B, Sections 1, 1A, 1AA, 5A, 5B, 5D, 5K, 5M, 5N, 8, 9, 10, 11, 12, 13, 17, 20, 22, 23, 24, 26, 29A, 36, 50, 53, 53C, 56DD, 63, and 72 were adopted and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being consideration of Section 73, Part IB.

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

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

ADJOURNMENT

At 10:35 p.m. the House, in accordance with the motion of Rep. HART, adjourned in memory of A. T. Brown of Columbia, to meet at 9:30 a.m. tomorrow.

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