South Carolina General Assembly
119th Session, 2011-2012
Journal of the House of Representatives


Printed Page 1746 . . . . . Tuesday, March 15, 2011

Tuesday, March 15, 2011
(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 Isaiah 26:3: "You keep him in perfect peace whose mind is stayed on you, because he trusts in you."
Let us pray. Almighty God, grant these Representatives the necessary resources of mind and spirit as they continue to discuss and debate the budget. Grant them wisdom, courage, strength, and integrity in their deliberations. Keep their minds focused on the true needs of the people. Bless our Nation, President, State, Governor, Speaker, staff and all who serve so wonderfully in support of these Representatives. Protect our defenders of freedom as they protect us. Heal the wounds of our brave warriors, those seen and those unseen. Hear us, O Lord, as we pray. 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. BATTLE moved that when the House adjourns, it adjourn in memory of Patricia Meyers Baker, mother of Legislative Aide Laurie Walden, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family of Ruby Wingate, sister of Legislative Aide George Wingate.

SILENT PRAYER

The House stood in silent prayer for the people of Japan who are struggling to recover from a devastating earthquake.


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HOUSE RESOLUTION

The following was introduced:

H. 3924 (Word version) -- Rep. Sellers: A HOUSE RESOLUTION TO RECOGNIZE THE IMPORTANCE OF WORLD TUBERCULOSIS DAY AS FOCUSING ATTENTION ON ONE OF THE WORLD'S DEADLIEST KILLERS, AND TO DECLARE TUESDAY, MARCH 24, 2011, AS "SOUTH CAROLINA TUBERCULOSIS DAY".

Whereas, tuberculosis is the greatest infectious killer of women, the greatest killer of people with HIV/AIDS, and the greatest infectious killer of youth and adults worldwide; and

Whereas, the World Health Organization estimates that one-third of the world's population is infected with the bacterium that causes tuberculosis; and

Whereas, it is estimated that ten to fifteen million individuals are infected with the tuberculosis bacterium in the United States alone; and

Whereas, worldwide, at least one person is infected with tuberculosis every second; and

Whereas, worldwide, approximately 9.4 million people become sick with tuberculosis each year; and

Whereas, 1.7 million people die of tuberculosis every year, one person every fifteen seconds; and

Whereas, most cases of tuberculosis and deaths caused by tuberculosis occur among individuals between the ages of fifteen and forty-four, the most economically productive years of life; and

Whereas, few other infectious diseases create as many orphans as tuberculosis; and

Whereas, tuberculosis rates are substantially higher for minorities in the United States, due to socioeconomic factors such as high unemployment, low median income, and poor living conditions; and


Printed Page 1748 . . . . . Tuesday, March 15, 2011

Whereas, the threat to the health of Americans consists of two elements, the global spread of tuberculosis and the emergence and spread of strains of tuberculosis that are multidrug resistant; and

Whereas, tuberculosis is spreading as a result of inadequate treatment, and it is a disease that knows no national borders; and

Whereas, the South Carolina House of Representatives understands the growing international problem of tuberculosis and the impact its continued existence has on the citizens of South Carolina, as well as on those of the rest of the United States and other nations. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, recognize the importance of World Tuberculosis Day as focusing attention on one of the world's deadliest killers, and declare Thursday, March 24, 2011, as "South Carolina Tuberculosis Day".

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3925 (Word version) -- Reps. Whitmire, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole,


Printed Page 1749 . . . . . Tuesday, March 15, 2011

Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Williams, Willis and Young: A HOUSE RESOLUTION TO DECLARE SATURDAY, MARCH 26, 2011, AS "VIETNAM-ERA VETERANS APPRECIATION DAY" IN OCONEE COUNTY, AND TO OFFER THE GRATITUDE OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FOR THE MILITARY SERVICE OF THESE HEROES.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3926 (Word version) -- Reps. Clemmons, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MYRTLE BEACH HIGH SCHOOL GIRLS VARSITY BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM FOR AN OUTSTANDING SEASON AND FOR GARNERING THE 2011 CLASS AAA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:


Printed Page 1750 . . . . . Tuesday, March 15, 2011

That the privilege of the floor of the South Carolina House of Representatives be extended to the Myrtle Beach High School girls varsity basketball team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them for an outstanding season and for garnering the 2011 Class AAA State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3927 (Word version) -- Reps. Clemmons, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE MYRTLE BEACH HIGH SCHOOL GIRLS VARSITY BASKETBALL TEAM FOR TWO OUTSTANDING SEASONS, AND TO CONGRATULATE THE TEAM AND COACHES FOR CAPTURING THE 2011 CLASS AAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.


Printed Page 1751 . . . . . Tuesday, March 15, 2011

HOUSE RESOLUTION

The following was introduced:

H. 3928 (Word version) -- Reps. Owens, Atwater, Bikas, Bowen, Branham, R. L. Brown, Daning, Govan, Mitchell, J. M. Neal, Norman, Patrick, Taylor, Thayer, Whitmire, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowers, Brady, Brannon, Brantley, G. A. Brown, H. B. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, Neilson, Ott, Parker, Parks, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Williams, Willis and Young: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SOUTH CAROLINA DISTRICT TEACHERS OF THE YEAR, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED ON BEING SELECTED TO REPRESENT THEIR INDIVIDUAL SCHOOL DISTRICTS AS TEACHER OF THE YEAR.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the South Carolina district Teachers of the Year, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended on being selected to represent their individual school districts as Teacher of the Year.

The Resolution was adopted.


Printed Page 1752 . . . . . Tuesday, March 15, 2011

INTRODUCTION OF BILLS

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

H. 3929 (Word version) -- Reps. Allison, D. C. Moss, Parker, Hiott, Owens, Pinson, Agnew, Pitts, McLeod, Parks, Willis, Tribble, V. S. Moss, J. E. Smith and King: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES, RETIREES, AND THEIR DEPENDENTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND THIS ELIGIBILITY TO JOINT AGENCIES ESTABLISHED PURSUANT TO CHAPTER 23, TITLE 6.
Referred to Committee on Ways and Means

H. 3930 (Word version) -- Reps. Erickson, Sandifer, Brady and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 39 TO TITLE 6 SO AS TO CREATE THE "SOUTH CAROLINA COMMERCIAL AND INDUSTRIAL IMPORTED FUELS REDUCTION ACT"; TO PROVIDE DEFINITIONS; TO AUTHORIZE A GOVERNING BODY TO ESTABLISH A DISTRICT TO PROMOTE, ENCOURAGE, AND FACILITATE RENEWABLE ENERGY AND ENERGY EFFICIENCY DEVELOPMENT WITHIN THE TERRITORY SERVED; TO AUTHORIZE THE IMPOSITION OF AN ASSESSMENT FOR THE PURPOSE OF FINANCING PROJECTS THAT FACILITATE RENEWABLE ENERGY TECHNOLOGY AND ENERGY EFFICIENCY IMPROVEMENTS; TO AUTHORIZE THE ISSUANCE OF SPECIAL DISTRICT BONDS OR REVENUE BONDS; AND TO REQUIRE CERTAIN PROVISIONS IN ORDINANCES AUTHORIZING THE CREATION OF A DISTRICT.
Referred to Committee on Labor, Commerce and Industry

H. 3931 (Word version) -- Reps. H. B. Brown and Sellers: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 16 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW, IN SPECIFIED AREAS OF THE STATE, MAY PROVIDE FOR THE CONDUCT OF GAMBLING AND GAMING ACTIVITIES ON WHICH BETS ARE MADE TO INCLUDE PARI-MUTUEL


Printed Page 1753 . . . . . Tuesday, March 15, 2011

BETTING ON HORSE RACING, SPORTS BETTING ON PROFESSIONAL SPORTS, CASINO ACTIVITIES, SUCH AS CARD AND DICE GAMES WHERE THE SKILL OF THE PLAYER IS INVOLVED IN THE OUTCOME, AND GAMES OF CHANCE WITH THE USE OF ELECTRONIC DEVICES OR GAMING TABLES, ALL OF WHICH STRICTLY MUST BE REGULATED AND MAY BE CONDUCTED IN ONE LOCATION OR IN SEPARATE LOCATIONS WITHIN THE SPECIFIED AREA, WITH THE REVENUE REALIZED BY THE STATE AND LOCAL JURISDICTIONS TO BE USED FOR OPERATIONAL PURPOSES OF GOVERNMENT, INCLUDING TAX RELIEF AND SCHOOL AND INFRASTRUCTURE IMPROVEMENTS.
Referred to Committee on Judiciary

H. 3932 (Word version) -- Reps. Pitts, Quinn, Merrill, Loftis, Corbin, Brannon, Clemmons, Hixon, Hosey, Lowe, G. M. Smith and J. R. Smith: A BILL TO AMEND SECTION 1-7-960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR AND STAFF OF THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO PROVIDE THAT STAFFING FOR THE CENTRAL OFFICE OF THE COMMISSION IS LIMITED TO THREE POSITIONS, TO PROVIDE FOR THE TRANSFER OF THE REMAINING POSITIONS TO THE OFFICE OF THE ATTORNEY GENERAL, AND TO PROVIDE THAT THE BUDGET FOR THE COMMISSION MUST BE SUBDIVIDED INTO THREE PROGRAMS.
Referred to Committee on Judiciary

H. 3933 (Word version) -- Reps. Jefferson, Sabb, King, Howard and J. H. Neal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-310 SO AS TO PROVIDE THAT A BUILDING INTENDED AS A PUBLIC PLACE FOR FREQUENT USE AND ACCESS TO THE GENERAL PUBLIC, MUST HAVE A HAND SANITIZER RECEPTACLE PROMINENTLY MOUNTED AND DISPLAYED NEAR EVERY MAJOR ENTRANCE OF THE BUILDING.
Referred to Committee on Medical, Military, Public and Municipal Affairs


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H. 3934 (Word version) -- Reps. Bingham, Lowe, Atwater, Huggins, Bales and Pinson: A BILL TO AMEND SECTION 12-43-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF UNDEVELOPED ACREAGE SUBDIVIDED INTO LOTS, SO AS TO PROVIDE THAT THE DISCOUNT APPLIES TO A DEVELOPER THAT HAS FIVE LOTS INSTEAD OF TEN LOTS, AND TO PROVIDE THAT IF APPLICATION FOR THE DISCOUNTED RATE COMES AFTER MAY FIRST BUT BEFORE JUNE FIRST, THE OWNER SHALL RECEIVE THE DISCOUNTED RATE BUT THE DISCOUNT SHALL BE REDUCED; AND TO AMEND SECTION 12-43-225, AS AMENDED, RELATING TO MULTIPLE LOT DISCOUNTS, SO AS TO PROVIDE THAT THE DISCOUNT APPLIES TO A DEVELOPER THAT HAS FIVE LOTS INSTEAD OF TEN LOTS, TO PROVIDE THAT IF APPLICATION FOR THE DISCOUNTED RATES COMES AT A CERTAIN TIME AFTER MAY FIRST THE ASSESSOR STILL SHALL GRANT THE DISCOUNT IF ALL OTHER REQUIREMENTS ARE MET, TO PROVIDE THAT APPLICATION FOR THE DISCOUNTED RATE ONLY MUST BE MADE IN THE FIRST YEAR, AND TO TOLL TIME LIMITATIONS FOR CERTAIN PROPERTY.
Referred to Committee on Ways and Means

ROLL CALL

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

Agnew                  Anthony                Atwater
Bales                  Ballentine             Bannister
Battle                 Bedingfield            Bingham
Bowen                  Branham                Brannon
Brantley               G. A. Brown            R. L. Brown
Clemmons               Clyburn                Cole
Cooper                 Corbin                 Crosby
Daning                 Delleney               Erickson
Forrester              Gambrell               Hamilton
Hardwick               Harrell                Harrison
Hearn                  Henderson              Hiott
Hixon                  Hodges                 Horne
Hosey                  Jefferson              King
Knight                 Limehouse              Loftis
Long                   Mack                   McCoy
McEachern              D. C. Moss             V. S. Moss

Printed Page 1755 . . . . . Tuesday, March 15, 2011

Murphy                 Nanney                 J. M. Neal
Norman                 Ott                    Owens
Parker                 Patrick                Ryan
Sabb                   Skelton                G. R. Smith
J. R. Smith            Sottile                Spires
Stringer               Tallon                 Taylor
Thayer                 Whipper                White
Williams               Willis                 Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 15.

W. E. "Bill" Sandifer             Liston Barfield
Chip Huggins                      Walton McLeod
McLain R. "Mac" Toole             Wendell Gilliard
Joan Brady                        Thomas "Tommy" Pope
Bill Chumley                      Leon Stavrinakis
Gilda Cobb-Hunter                 Marion Frye
Eric Bikas                        Mia Butler Garrick
Laurie Funderburk                 William G. Herbkersman
James Lucas                       Elizabeth Munnerlyn
William R. "Bill" Whitmire        James E. Smith
Thad Viers                        James Merrill
Terry Alexander                   Carl Anderson
G. Murrell Smith                  Gary Simrill
Phillip Lowe                      Lewis E. Pinson
Karl Allen                        David Weeks
Denny Neilson                     Bakari Sellers
Chris Hart                        Tracy Edge
C. David Umphlett                 Anne Parks
David Tribble, Jr.                Richard "Rick" Quinn
Michael A. Pitts                  William Bowers
Ted Vick                          Chandra Dillard
Jerry Govan                       Todd Rutherford
Jackie Hayes                      Boyd Brown
Harold Mitchell                   Joseph Neal
Leon Howard

Total Present--121


Printed Page 1756 . . . . . Tuesday, March 15, 2011

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. ALLISON a leave of absence for the day due to a death in the family.

STATEMENT FOR THE JOURNAL

I was speaking to the Chapin Chamber of Commerce and was out of the Chamber on constituent business this morning, which caused me to be 15 minutes late.

Rep. Chip Huggins

DOCTOR OF THE DAY

Announcement was made that Dr. Wendell James of Greenville 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."


Printed Page 1757 . . . . . Tuesday, March 15, 2011

CO-SPONSORS ADDED

Bill Number:   H. 3226 (Word version)
Date:   ADD:
03/15/11   OWENS, BOWEN and NORMAN

CO-SPONSOR ADDED

Bill Number:   H. 3449 (Word version)
Date:   ADD:
03/15/11   ATWATER

CO-SPONSORS ADDED

Bill Number:   H. 3864 (Word version)
Date:   ADD:
03/15/11   BARFIELD and HEARN

CO-SPONSORS ADDED

Bill Number:   H. 3865 (Word version)
Date:   ADD:
03/15/11   BARFIELD and HEARN

CO-SPONSORS ADDED

Bill Number:   H. 3879 (Word version)
Date:   ADD:
03/15/11   MURPHY, HIXON and CROSBY

CO-SPONSORS ADDED

Bill Number:   H. 3895 (Word version)
Date:   ADD:
03/15/11   TRIBBLE and WILLIS

CO-SPONSORS ADDED

Bill Number:   H. 3929 (Word version)
Date:   ADD:
03/15/11   AGNEW, PITTS, MCLEOD, PARKS, WILLIS, TRIBBLE, V. S. MOSS, J. E. SMITH and KING

CO-SPONSORS ADDED

Bill Number:   H. 3934 (Word version)
Date:   ADD:
03/15/11   ATWATER, HUGGINS, BALES and PINSON


Printed Page 1758 . . . . . Tuesday, March 15, 2011

H. 3700--AMENDED AND INTERRUPTED DEBATE

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

H. 3700--THE GENERAL APPROPRIATION BILL

H. 3700 -- 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, 2011, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

PART IB

SECTION 22--AMENDED AND ADOPTED

Rep. J. E. SMITH proposed the following Amendment No. 91 (Doc Name h:\H-WM\004\PREVENTATIVE DISEASES.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 22, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 394, paragraph 22.43, line 4, by inserting after Immunization: /, Preventative Diseases,/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. JEFFERSON proposed the following Amendment No. 43 (Doc Name h:\legwork\house\amend\H-WM\001\FREE HEALTH CLINIC TRANSFER.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 22, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 394, after line 4, by adding an appropriately numbered paragraph to read:
/(DHEC: Free Health Clinic Transfer) Of the funds appropriated to or authorized for the Department of Health and Environmental


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Control, the department is directed to transfer $30,000 for the Bonneau Section 41 Sumter Free Health Clinic of Berkeley County./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. JEFFERSON explained the amendment.

Rep. WHITE moved to table the amendment.

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

Yeas 55; Nays 20

Those who voted in the affirmative are:

Agnew                  Atwater                Ballentine
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Brady
Brannon                Clemmons               Cole
Cooper                 Corbin                 Delleney
Erickson               Forrester              Gambrell
Hamilton               Hardwick               Harrell
Harrison               Henderson              Hiott
Hixon                  Horne                  Huggins
Limehouse              Loftis                 Long
McCoy                  Merrill                D. C. Moss
Murphy                 Nanney                 Norman
Owens                  Parker                 Patrick
Pitts                  Ryan                   Sandifer
Skelton                G. R. Smith            J. R. Smith
Sottile                Spires                 Stringer
Tallon                 Taylor                 Thayer
Toole                  White                  Willis
Young

Total--55

Those who voted in the negative are:

Anthony                Bales                  Branham
Brantley               G. A. Brown            R. L. Brown
Clyburn                Crosby                 Daning
Gilliard               Hodges                 Hosey

Printed Page 1760 . . . . . Tuesday, March 15, 2011

Jefferson              King                   Knight
McEachern              Ott                    J. E. Smith
Whipper                Williams

Total--20

So, the amendment was tabled.

Section 22, as amended, was adopted.

SECTION 23--AMENDED AND ADOPTED

Rep. OTT proposed the following Amendment No. 103 to (Doc Name h:\legwork\house\amend\H-WM\001\23 dmh non generic prescr.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 23, DEPARTMENT OF MENTAL HEALTH, page 396, after line 20, by adding an appropriately numbered paragraph to read:
/   (DMH: Non-Generic Prescriptions) If a client is receiving a non-generic prescription medication through the Department of Mental Health, and such non-generic medication maintains the client's condition in a stable manner, the agency must continue to offer the non-generic medication until such time as the medication is no longer required by the client. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 23, as amended, was adopted.

SECTION 24--AMENDED AND ADOPTED

Reps. OTT and WHITE proposed the following Amendment No. 86 (Doc Name h:\legwork\house\amend\H-WM\004\TRAUMATIC BRAIN INJURY.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 24, DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, page 398, after line 7, by adding an appropriately numbered paragraph to read:


Printed Page 1761 . . . . . Tuesday, March 15, 2011

/ (DDSN: Traumatic Brain Injury) Funds appropriated by the agency for Traumatic Brain Injury/Spinal Cord Injury Post-Acute Rehabilitation shall be used for that purpose only. In the event the department receives a general fund reduction in the current fiscal year, any funding reductions to the post-acute rehabilitation funding must be in equal proportion to and shall not exceed reductions to other agency services./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 24, as amended, was adopted.

SECTION 26--AMENDED AND ADOPTED

Rep. WHITE proposed the following Amendment No. 13 (Doc Name h:\\H-WM\004\DSS DAYCARE LICENSING.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 403, after line 28, by adding an appropriately numbered paragraph to read:
/ (DSS: Licensed Day Care Facilities Relicensing) Notwithstanding 63-13-20 (22), (23), and (26), and 63-13-1010, for Fiscal Year 2011-12, any child care center, church or religious center, group child care home, or licensed family child care home shall have their DSS operating license or approval extended an additional year. At no time shall a license, approval, or registration be issued for a period greater than three years. All registered family homes will continue to complete a yearly registration process. Facilities are not eligible for the extension provided for herein if DSS is investigating the facility for possible revocation, is in the process of revocation, the revocation is under appeal, or the license, approval or registration is subsequently reinstated by DSS./
Renumber sections to conform.
Amend totals and titles to conform.

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


Printed Page 1762 . . . . . Tuesday, March 15, 2011

Section 26, as amended, was adopted.

SECTION 30--ADOPTED

Rep. G. R. SMITH proposed the following Amendment No. 58 (Doc Name h:\H-WM\006\ARTS ADMIN $$. DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 30, ARTS COMMISSION, page 405, after line 31, by adding an appropriately numbered paragraph to read:
/ (ARTS: Administrative Money) The Arts Commission shall direct $574,789 of Administrative monies to the Department of Parks, Recreation and Tourism for Tourism Sales and Marketing./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. G. R. SMITH explained the amendment.
Rep. G. R. SMITH spoke in favor of the amendment.
Rep. MERRILL spoke against the amendment.

Rep. HARRISON moved to table the amendment.

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

Yeas 69; Nays 38

Those who voted in the affirmative are:

Agnew                  Alexander              Anderson
Anthony                Bales                  Bannister
Battle                 Bingham                Bowen
Brady                  Branham                Brantley
R. L. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Crosby                 Daning
Erickson               Frye                   Funderburk
Gambrell               Gilliard               Hardwick
Harrell                Harrison               Hayes
Hearn                  Herbkersman            Hiott
Hodges                 Horne                  Hosey
Jefferson              King                   Knight
Limehouse              Mack                   McEachern
McLeod                 Merrill                V. S. Moss
Munnerlyn              Murphy                 J. H. Neal

Printed Page 1763 . . . . . Tuesday, March 15, 2011

Neilson                Ott                    Owens
Parker                 Pinson                 Pitts
Quinn                  Sabb                   Sandifer
Sellers                Skelton                J. E. Smith
Sottile                Spires                 Stavrinakis
Taylor                 Toole                  Vick
Weeks                  Whipper                White
Whitmire               Williams               Young

Total--69

Those who voted in the negative are:

Atwater                Ballentine             Barfield
Bedingfield            Bikas                  Brannon
Chumley                Clemmons               Cole
Cooper                 Corbin                 Delleney
Forrester              Hamilton               Henderson
Hixon                  Huggins                Loftis
Long                   Lowe                   Lucas
McCoy                  D. C. Moss             Nanney
Norman                 Patrick                Pope
Ryan                   Simrill                G. M. Smith
G. R. Smith            J. R. Smith            Stringer
Tallon                 Thayer                 Tribble
Viers                  Willis

Total--38

So, the amendment was tabled.

Section 30 was adopted.

SECTION 31

Section 31 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 34

Section 34 was adopted.


Printed Page 1764 . . . . . Tuesday, March 15, 2011

SECTION 35

Section 35 was adopted.

SECTION 39--ADOPTED

Rep. NORMAN proposed the following Amendment No. 49 (Doc Name h:\H-WM\003\PRTREGTOUR$2DPS.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION AND TOURISM, page 413, paragraph 39.6, lines 16-19, by striking the proviso in its entirety and inserting: /Of the funds appropriated to, authorized for, and/or carried forward by the Department during the current fiscal year, the Department shall transfer $3,250,000 to the Dept. of Public Safety for highway patrol troopers./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. NORMAN explained the amendment.
Rep. CLEMMONS spoke against the amendment.
Rep. SIMRILL spoke against the amendment.

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

Rep. BALES proposed the following Amendment No. 97 (Doc Name H:\council\11472dg11.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION AND TOURISM, page 414, after line 13, by adding an appropriately numbered paragraph to read:
/ 39.   (PRT: Sixty-Five, Disabled, or Blind) For the current fiscal year, a South Carolina resident who is over sixty-five years of age or disabled or legally blind may use a facility of a state park, including campsite facilities and overnight lodging facilities if vacancies exist, at one-half of the prescribed fee. Also, a South Carolina resident who is a veteran and who has been classified by the Veterans Administration as permanently and totally disabled may enter any state park without charge and may use camping facilities and oversight lodging facilities if vacancies exist without charge upon presentation to the person in charge of the park of an identification card from the county veterans affairs officer stating the veteran's permanent and total disability. /


Printed Page 1765 . . . . . Tuesday, March 15, 2011

Amend the bill further, Part IB, Section 39, DEPARTMENT OF PARKS, RECREATION AND TOURISM, page 414, after line 13, by adding an appropriately numbered paragraph to read:
/39.___(PRT: Management Plan) For the current fiscal year, and based on a review of business and personal use of a particular state park or facility by the Department of Parks, Recreation and Tourism, and the labor and insurance requirements it sustains at that facility, it may alter the management plan for that park or facility by permitting the reletting of campsites, camping facilities, or other amenities before the rental term of the original renter has expired if vacated by the original renter before the end of the stated term. The department also may waive the charges for its reuse and for the use of these and other amenities.   /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 39 was adopted.

SECTION 40--ADOPTED

Rep. NORMAN proposed the following Amendment No. 46 (Doc Name h:\H-WM\003\COM$PROV2DPS.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 40, DEPARTMENT OF COMMERCE, page 415, paragraph 40.9, lines 28-30, by striking the proviso in its entirety and inserting: / For the current fiscal year, of the funds authorized for the Coordinating Council for Economic Development, $1,000,000 must be transferred to the Department of Public Safety for funding of the highway patrol./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. NORMAN explained the amendment.

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

Section 40 was adopted.


Printed Page 1766 . . . . . Tuesday, March 15, 2011

SECTION 43--AMENDED AND ADOPTED

Reps. WHITE and MCLEOD proposed the following Amendment No. 45 (Doc Name H:\COUNCIL\BBM\10118HTC11.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 43, S.C. CONSERVATION BANK, page 417, after line 4 by adding a new paragraph appropriately numbered to read:

/ 43.__   (CB: Reimbursements to Taxing Jurisdictions) In the current fiscal year, before the Conservation Bank Trust Fund or the Department of Natural Resources may acquire or accept real property on behalf of the State to be placed and held in a public program or to be put to a recreational or wildlife use by the general public, the department or conservation bank trust fund shall insure that a means is provided in the transaction agreements for the seller or donor, or department or trust fund, to reimburse the county and property taxing jurisdictions in the county in which the property is located for the ad valorem tax revenue lost in the current fiscal year as a result of removing the property from the property tax rolls. /
Renumber sections to conform.
Amend totals and titles to conform.

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

The question then recurred to the adoption of the Section.

The yeas and nays were taken resulting as follows:

Yeas 90; Nays 11

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Bannister              Barfield               Battle
Bikas                  Bingham                Bowen
Brady                  Branham                Brannon
Brantley               G. A. Brown            R. L. Brown
Butler Garrick         Chumley                Clemmons
Cobb-Hunter            Cole                   Cooper
Crosby                 Daning                 Delleney
Edge                   Erickson               Forrester
Funderburk             Gambrell               Gilliard

Printed Page 1767 . . . . . Tuesday, March 15, 2011

Hardwick               Harrell                Hart
Hayes                  Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Horne                  Hosey
Jefferson              King                   Knight
Limehouse              Long                   Lowe
Lucas                  Mack                   McCoy
McEachern              McLeod                 Merrill
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parker                 Patrick                Pinson
Pitts                  Quinn                  Ryan
Sabb                   Sandifer               Simrill
Skelton                G. M. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Tallon                 Taylor
Thayer                 Tribble                Vick
Weeks                  White                  Whitmire
Williams               Willis                 Young

Total--90

Those who voted in the negative are:

Atwater                Bales                  Bedingfield
Corbin                 Frye                   Hamilton
Huggins                Loftis                 Nanney
Norman                 Stringer

Total--11

Section 43, as amended, was adopted.

SECTION 45--AMENDED AND ADOPTED

Reps. G. M. SMITH and PITTS proposed the following Amendment No. 106 (Doc Name h:\legwork\house\amend\H-WM\003\AG WATER AND 608.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 45, ATTORNEY GENERAL'S OFFICE, page 419, paragraph 45.5, line 15, by striking: /50% / and inserting after /only as follows:/ the following: / 25% of the


Printed Page 1768 . . . . . Tuesday, March 15, 2011

balance on July 1st must be transferred to the Commission on Indigent Defense for the Civil Appointment Fund, 25%/
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 45, as amended, was adopted.

SECTION 46--DEBATE ADJOURNED

Reps. QUINN, PITTS, G. M. SMITH and POPE proposed the following Amendment No. 90 (Doc Name h:\H-WM\003\PCC CIR SUPPT.DOCX):
Amend the bill, as and if amended, Part IB, Section 46, PROSECUTION COORDINATION COMMISSION, page 420, paragraph 46.3, lines 4-6, by striking: /may, upon approval of the commission, be used to fund necessary administrative and personnel costs of the commission and other expenditures approved by the commission, not to exceed 5% of the appropriation, and the balance thereafter remaining /
Amend further, page 421, line 3, by adding a new proviso to read: /All funds appropriated as special items in Part IA must be distributed to the 16 offices of judicial circuits on a per capita basis./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. QUINN explained the amendment.
Rep. POPE spoke against the amendment.

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

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


Printed Page 1769 . . . . . Tuesday, March 15, 2011

SECTION 48--AMENDED AND ADOPTED

Rep. PITTS proposed the following Amendment No. 63 to (Doc Name h:\H-WM\003\SLED PIP.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 48, STATE LAW ENFORCEMENT DIVISION, page 427, after line 18, by adding an appropriately numbered paragraph to read:
The agency is authorized to use approved permanent improvement funds for projects 9807 and 9845 toward construction of a storage and logistics facility.
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 48, as amended, was adopted.

SECTION 51

Section 51 was adopted.

SECTION 52

Section 52 was adopted.

SECTION 54--DEBATE ADJOURNED

Rep. J. H. NEAL moved to adjourn debate on the Section, which was agreed to.

SECTION 55--AMENDED AND ADOPTED

Rep. LIMEHOUSE proposed the following Amendment No. 115 (Doc Name h:\H-WM\010\fatherhood & families.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 55, COMMISSION ON MINORITY AFFAIRS, page 438, after line 22, by adding an appropriately numbered paragraph to read: /(CMA:fatherhood and families pilot program) The Commission for Minority Affairs, provided that funds are available, is directed to implement and support a fatherhood and families pilot program in darlington county. the goals of the fatherhood and families pilot


Printed Page 1770 . . . . . Tuesday, March 15, 2011

program will be to link absent fathers with their children in order to diminish the negative impact and effects of "father absence" and to strengthen families./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 55, as amended, was adopted.

SECTION 57

Section 57 was adopted.

SECTION 64

Section 64 was adopted.

SECTION 65

Section 65 was adopted.

SECTION 67--DEBATE ADJOURNED

Rep. COBB-HUNTER moved to adjourn debate on the Section, which was agreed to.

SECTION 68A--DEBATE ADJOURNED

Rep. HENDERSON proposed the following Amendment No. 69 (Doc Name H:\COUNCIL\NBD\11477AC11.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 68A, DEPARTMENT OF TRANSPORTATION, page 446, paragraph 18, on line 22 after the /./ by inserting:
/C-funds utilized pursuant to this paragraph must not be used to pave any county road./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HENDERSON explained the amendment.
Rep. SKELTON spoke against the amendment.


Printed Page 1771 . . . . . Tuesday, March 15, 2011

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

Rep. J. R. SMITH moved to adjourn debate on the Section, which was agreed to.

SECTION 68D

Section 68D was adopted.

SECTION 69

Section 69 was adopted.

SECTION 70

Section 70 was adopted.

SECTION 72

Section 72 was adopted.

SECTION 77--ADOPTED

Rep. BALES proposed the following Amendment No. 60 (Doc Name H:\COUNCIL\BBM\10120HTC11.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, page 462, after line 31, by inserting:

/SECTION 77 - RETIREMENT SYSTEM
INVESTMENT COMMISSION:

77.1 (RSIC: Suspended) The Retirement System Investment Commission established pursuant to Section 9-16-315 of the 1976 Code is suspended for the current fiscal year and its functions are devolved upon the State Treasurer, mutatis matandis. To assist the State Treasurer in the investment of Retirement System funds, there is created for the current fiscal year the Retirement System Investment Advisory Committee chaired by the State Treasurer, ex officio, and the following individuals or their designees:

(1)   the Speaker of the House, ex officio;

(2)   the House Ways and Means Committee Chair, ex officio;

(3)   the House Majority Leader, ex officio;

(4)   the president Pro Tempore of the Senate, ex officio;

(5)   the Senate Finance Committee Chairman, ex officio;

(6)   the Senate majority Leader, ex officio;

(7)   the Seniority Minority Leader, ex officio.


Printed Page 1772 . . . . . Tuesday, March 15, 2011

A designee appointed by any of these must possess the qualifications required for members of the Retirement System Investment Commission pursuant to Section 9-1-315(E) of the 1976 Code. The Advisory Committee shall meet as the chairman determines and advise the State Treasurer on the investment operations of the State Treasurer on behalf of the South Carolina Retirement Systems. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BALES explained the amendment.

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

Section 77 was adopted.

SECTION 79--ADOPTED

Reps. BALLENTINE and SELLERS proposed the following Amendment No. 71 (Doc Name h:\H-WM\006\elect comm 79.12.docx), which was rejected:
Amend the bill, as and if amended, Part IB, Section 79, ELECTION COMMISSION, page 466, paragraph 79.12, line 28, by striking: /2012 Presidential Preference Primary elections and the/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BALLENTINE explained the amendment.
Rep. MERRILL spoke against the amendment.

Rep. MERRILL moved to table the amendment.

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

Yeas 52; Nays 59

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Bannister              Barfield               Bingham
Bowen                  Brady                  Brantley
R. L. Brown            Clyburn                Cobb-Hunter
Cole                   Cooper                 Crosby

Printed Page 1773 . . . . . Tuesday, March 15, 2011

Daning                 Delleney               Edge
Forrester              Gambrell               Gilliard
Hardwick               Harrell                Harrison
Hiott                  Hodges                 Horne
Hosey                  Limehouse              Mack
Merrill                Mitchell               V. S. Moss
Munnerlyn              Murphy                 J. H. Neal
Owens                  Parker                 Pitts
Rutherford             Sandifer               Skelton
Sottile                Spires                 Stringer
Tallon                 Tribble                Umphlett
Vick                   Whipper                White
Whitmire

Total--52

Those who voted in the negative are:

Alexander              Atwater                Bales
Ballentine             Battle                 Bedingfield
Bikas                  Branham                Brannon
G. A. Brown            Butler Garrick         Chumley
Clemmons               Dillard                Erickson
Frye                   Funderburk             Hamilton
Hart                   Hayes                  Hearn
Henderson              Hixon                  Huggins
Jefferson              King                   Knight
Long                   Lowe                   Lucas
McCoy                  McEachern              McLeod
D. C. Moss             Nanney                 Neilson
Norman                 Ott                    Parks
Patrick                Pinson                 Pope
Ryan                   Sabb                   Sellers
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Stavrinakis
Taylor                 Thayer                 Toole
Viers                  Weeks                  Williams
Willis                 Young

Total--59

So, the House refused to table the amendment.


Printed Page 1774 . . . . . Tuesday, March 15, 2011

Rep. EDGE spoke against the amendment.
Rep. SKELTON spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 46; Nays 69

Those who voted in the affirmative are:

Agnew                  Alexander              Atwater
Ballentine             Bedingfield            Bikas
Brannon                Brantley               G. A. Brown
Clemmons               Erickson               Frye
Funderburk             Hamilton               Henderson
Hixon                  Huggins                Knight
Loftis                 Long                   Lowe
Lucas                  McCoy                  McLeod
D. C. Moss             Nanney                 J. M. Neal
Norman                 Ott                    Patrick
Pope                   Rutherford             Ryan
Sellers                Simrill                G. M. Smith
G. R. Smith            Spires                 Stavrinakis
Taylor                 Thayer                 Viers
Weeks                  Williams               Willis
Young

Total--46

Those who voted in the negative are:

Anderson               Anthony                Bales
Bannister              Barfield               Battle
Bingham                Bowen                  Bowers
Brady                  Branham                R. L. Brown
Butler Garrick         Chumley                Clyburn
Cobb-Hunter            Cole                   Cooper
Crosby                 Daning                 Delleney
Dillard                Edge                   Forrester
Gambrell               Gilliard               Govan
Hardwick               Harrell                Harrison
Hart                   Hayes                  Hearn

Printed Page 1775 . . . . . Tuesday, March 15, 2011

Herbkersman            Hiott                  Hodges
Horne                  Hosey                  Jefferson
King                   Limehouse              Mack
McEachern              Merrill                Mitchell
V. S. Moss             Munnerlyn              Murphy
J. H. Neal             Neilson                Owens
Parker                 Parks                  Pinson
Pitts                  Quinn                  Sabb
Sandifer               Skelton                J. R. Smith
Sottile                Stringer               Tallon
Toole                  Tribble                Umphlett
Whipper                White                  Whitmire

Total--69

So, the amendment was rejected.

RECORD FOR VOTING

I was temporarily out of the Chamber at the State House nurses' office during the vote on Amendment No. 71. If I had been present, I would have voted in favor of Amendment No. 71.

Rep. Tom Corbin

STATEMENT FOR THE JOURNAL

While I support the idea of raising private funds to save tax dollars, I voted to table Amendment No. 71, by Reps. Ballentine and Sellers, for two major reasons. First, conducting elections is a core function of government. And, no election is more important than the Presidency of the United States. Second, recent federal court cases and justice department decisions will potentially make a purely privately paid for election infeasible.

Rep. Richard "Rick" Quinn     Rep. Kenny Bingham

Rep. James Harrison         Rep. Tracy Edge

Rep. Joan Brady           Rep. William Herbkersman

Rep. J. Derham Cole, Jr.       Rep. Edward R. Tallon, Sr.

Rep. Gene Pinson           Rep. Mike Forrester

Rep. James Merrill         Rep. Dan Cooper

Rep. Robert W. Harrell, Jr.     Rep. F. Greg Delleney, Jr.

Rep. Nelson L. Hardwick       Rep. Thomas Corbin

Rep. Bill Sandifer           Rep. Christopher Murphy

Rep. Jenny A. Horne         Rep. Phil Owens


Printed Page 1776 . . . . . Tuesday, March 15, 2011

The question then recurred to the adoption of the Section.

The yeas and nays were taken resulting as follows:

Yeas 94; Nays 5

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Atwater                Ballentine             Barfield
Battle                 Bikas                  Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               G. A. Brown
Butler Garrick         Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole
Cooper                 Corbin                 Crosby
Daning                 Dillard                Edge
Erickson               Forrester              Frye
Funderburk             Gambrell               Govan
Hamilton               Hardwick               Harrell
Harrison               Hayes                  Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Hosey                  Huggins
Jefferson              King                   Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McEachern              McLeod                 Merrill
Mitchell               D. C. Moss             V. S. Moss
Nanney                 J. H. Neal             J. M. Neal
Neilson                Norman                 Ott
Owens                  Parker                 Parks
Patrick                Pinson                 Pitts
Pope                   Quinn                  Ryan
Simrill                Skelton                G. R. Smith
J. R. Smith            Sottile                Spires
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble
Umphlett               Viers                  White
Whitmire               Williams               Willis
Young

Total--94


Printed Page 1777 . . . . . Tuesday, March 15, 2011

Those who voted in the negative are:

Bedingfield            R. L. Brown            Gilliard
Hart                   Sellers

Total--5

Section 79 was adopted.

SECTION 80A--ADOPTED

Reps. TAYLOR and YOUNG proposed the following Amendment No. 44 (Doc Name H:\COUNCIL\BBM\10125HTC11.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 80A, BUDGET AND CONTROL BOARD, page 476, after line 10 by adding an appropriately numbered paragraph to read:
/80A.__ (BCB: 911 Dispatch) For the current fiscal year, a local government that imposes a monthly 911 charge for public safety communications may use the Individual PSAP Communications Facility portion of the funds for the lease, purchase, lease-purchase, or maintenance of emergency radios or other communications equipment so long as the radios or equipment are used to dispatch public safety services to the appropriate public safety agency./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. TAYLOR explained the amendment.

Rep. SANDIFER moved to table the amendment.

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

Yeas 60; Nays 54

Those who voted in the affirmative are:

Agnew                  Allen                  Anthony
Bales                  Barfield               Battle
Bowen                  Brady                  Branham
Brantley               G. A. Brown            H. B. Brown
Clemmons               Cole                   Cooper
Dillard                Erickson               Forrester

Printed Page 1778 . . . . . Tuesday, March 15, 2011

Gambrell               Hamilton               Hardwick
Harrell                Harrison               Hayes
Henderson              Hodges                 Horne
Hosey                  Limehouse              Loftis
Mack                   McEachern              Mitchell
D. C. Moss             Murphy                 Nanney
J. H. Neal             Neilson                Ott
Owens                  Parker                 Pinson
Pitts                  Rutherford             Sandifer
Sellers                Skelton                G. M. Smith
J. E. Smith            Sottile                Stringer
Tallon                 Thayer                 Umphlett
Vick                   Weeks                  Whipper
White                  Whitmire               Williams

Total--60

Those who voted in the negative are:

Atwater                Ballentine             Bannister
Bedingfield            Bikas                  Bingham
Bowers                 Brannon                Butler Garrick
Chumley                Clyburn                Corbin
Crosby                 Daning                 Delleney
Edge                   Frye                   Funderburk
Gilliard               Govan                  Hart
Hearn                  Hiott                  Hixon
Huggins                Jefferson              King
Knight                 Long                   Lowe
Lucas                  McCoy                  McLeod
Merrill                V. S. Moss             Munnerlyn
J. M. Neal             Norman                 Parks
Patrick                Pope                   Quinn
Ryan                   Sabb                   Simrill
J. R. Smith            Spires                 Stavrinakis
Taylor                 Toole                  Tribble
Viers                  Willis                 Young

Total--54

So, the amendment was tabled.


Printed Page 1779 . . . . . Tuesday, March 15, 2011

Section 80A was adopted.

SECTION 81--AMENDED AND ADOPTED

Reps. CLYBURN, COBB-HUNTER, COOPER, OTT, LUCAS and HARRELL proposed the following Amendment No. 102 (Doc Name h:\legwork\house\amend\H-WM\008\RURAL INFRASTRUCTURE FUND TRANSFER.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 81, DEPARTMENT OF REVENUE, page 477, paragraph 81.3, line 7, by inserting:
/All monies in the Rural Infrastructure Bank Trust Fund under the Budget and Control Board, Office of Local Government, including those deposited in the fund pursuant to the provisions of this paragraph, must be transferred during fiscal year 2011-2012 to the Rural Infrastructure Fund of the South Carolina Rural Infrastructure Authority established pursuant to Chapter 50 of Title 11 and administered by the Office of Local Government under the Budget and Control Board to be used for the purposes of the Rural Infrastructure Authority, which involve providing financial assistance for qualified rural infrastructure projects to include facilities and appurtenances to meet public health and environmental standards, to develop trade, commerce, and industry, to provide for potable water and wastewater services, and to provide for emergency preparedness infrastructure./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 81, as amended, was adopted.

SECTION 86--AMENDED AND ADOPTED

Rep. CROSBY proposed the following Amendment No. 23 (Doc Name H:\COUNCIL\DKA\3518SD11.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 86, AID TO SUBDIVISIONS-STATE TREASURER, page 480, paragraph 86.8, line 18, by striking paragraph /86.8/ and inserting:
/ 86.8 (AS-TREAS: Flexibility) For Fiscal Year 2010-11, a political subdivision receiving aid from the Local Government Fund may reduce


Printed Page 1780 . . . . . Tuesday, March 15, 2011

its support to any state mandated program and requirement, for which a specific level or amount of support or funding is not provided by law, by up to a percentage equal to the percentage reduction in the actual amount appropriated to the Local Government Fund as compared to the last completed fiscal year. For Fiscal Year 2011-12, a political subdivision receiving aid from the Local Government Fund may reduce its support to any state mandated program or requirement, by up to a percentage equal to the percentage reduction in the actual amount appropriated to the Local Government Fund as compared to the amount required to be appropriated pursuant to Section 6-27-30./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. SELLERS proposed the following Amendment No. 77 to (Doc Name h:\H-WM\008\AID SUBS FINANCIAL AUDITS.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 86, AID TO SUBDIVISIONS-STATE TREASURER, page 481, after line 3, by adding an appropriately numbered paragraph to read:
/(AS-TREAS: Agreed Upon Procedure) Non-court cities that have a budget less than $300,000 may submit an Agreed Upon Procedure instead of a financial audit. the Office of State Treasurer shall develop the criteria for the Agreed Upon Procedures./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. LOWE proposed the following Amendment No. 117 (Doc Name H:\COUNCIL\NBD\11471DG11.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 86, AID TO SUBDIVISIONS-STATE TREASURER, page 481, after line 3, by adding a new paragraph to read:
/86.___(AS-TREAS: Local Government Fund) From the funds appropriated to the Local Government Fund each county and municipality shall receive a distribution in an amount that equals the average of the distribution the county or municipality would receive


Printed Page 1781 . . . . . Tuesday, March 15, 2011

using the same population ratios as used in the previous fiscal year and the distribution the county or municipality would receive using the population ratios according to the most recent United States Census./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LOWE explained the amendment.

Rep. MURPHY moved to table the amendment.

Rep. G. M. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 85; Nays 33

Those who voted in the affirmative are:

Allen                  Anthony                Atwater
Bales                  Ballentine             Bannister
Barfield               Bedingfield            Bikas
Bingham                Bowen                  Brady
G. A. Brown            Butler Garrick         Clemmons
Cooper                 Corbin                 Crosby
Daning                 Delleney               Dillard
Edge                   Erickson               Forrester
Funderburk             Gilliard               Hamilton
Hardwick               Harrell                Harrison
Hart                   Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Horne                  Huggins
Jefferson              King                   Knight
Limehouse              Loftis                 Long
McCoy                  McEachern              Merrill
Mitchell               D. C. Moss             V. S. Moss
Murphy                 Nanney                 J. M. Neal
Norman                 Owens                  Parker
Parks                  Patrick                Pinson
Pope                   Quinn                  Rutherford
Ryan                   Sandifer               Simrill
Skelton                G. R. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Taylor                 Thayer
Toole                  Tribble                Umphlett

Printed Page 1782 . . . . . Tuesday, March 15, 2011

Vick                   Viers                  Whipper
White                  Whitmire               Willis
Young

Total--85

Those who voted in the negative are:

Agnew                  Alexander              Anderson
Battle                 Bowers                 Branham
Brannon                Brantley               H. B. Brown
Chumley                Clyburn                Cobb-Hunter
Cole                   Frye                   Gambrell
Govan                  Hayes                  Hosey
Lowe                   Lucas                  Mack
McLeod                 Munnerlyn              J. H. Neal
Neilson                Ott                    Sabb
Sellers                G. M. Smith            J. E. Smith
Tallon                 Weeks                  Williams

Total--33

So, the amendment was tabled.

Section 86, as amended, was adopted.

Rep. RYAN moved that the House recede until 2:30 p.m., which was agreed to.

THE HOUSE RESUMES

At 2:30 p.m. the House resumed, Acting SPEAKER TALLON in the Chair.

ACTING SPEAKER SABB IN CHAIR

POINT OF QUORUM

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

SPEAKER IN CHAIR


Printed Page 1783 . . . . . Tuesday, March 15, 2011

H. 3700--AMENDED AND ORDERED TO THIRD READING

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

H. 3700--THE GENERAL APPROPRIATION BILL

H. 3700 -- 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, 2011, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

PART IB

SECTION 68A--RECONSIDERED AND ADOPTED

The motion of Rep. COOPER to reconsider the vote whereby debate was adjourned on Section 68A was taken up and agreed to.

Section 68A was adopted.

SECTION 89--AMENDED AND ADOPTED

Rep. SIMRILL proposed the following Amendment No. 66 (Doc Name h:\legwork\house\amend\H-WM\008\AERONAUTICS FLIGHT LOGS.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 494, paragraph 89.25, line 11, by inserting at the end:
/The South Carolina Aeronautics Commission shall post its flight logs on its website in real time./
Renumber sections to conform.
Amend totals and titles to conform.

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


Printed Page 1784 . . . . . Tuesday, March 15, 2011

Rep. J. R. SMITH proposed the following Amendment No. 59 (Doc Name h:\legwork\house\amend\H-WM\010\PRINTED REPORT REQUIRMENT.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 509, paragraph 89.90, line 1, by striking /2010-11/ and inserting /2011-12/, line 9, by striking /2010-11/ and inserting /2011-12/, line 12, by striking /2010-11/ and inserting /2011-12/, line 15, by striking /2010-11/ and inserting /2011-12/
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. WHITE and PITTS proposed the following Amendment No. 74 (Doc Name h:\legwork\house\amend\H-WM\004\SECOND AMENDMENT WEEKEND.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 510, paragraph 89.96, line 24, by striking the line in its entirety and inserting /a.m., Friday, November 26, 2010, the Friday after Thanksgiving through twelve midnight, Saturday, November 27, 2010 the Saturday after Thanksgiving for the current fiscal year./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. MERRILL proposed the following Amendment No. 112 (Doc Name h:\legwork\house\amend\H-WM\001\89.133 osmba sos.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 518, paragraph 89.133, lines 28-30, by striking the paragraph in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

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


Printed Page 1785 . . . . . Tuesday, March 15, 2011

Reps. D. C. MOSS and DANING proposed the following Amendment No. 61 (Doc Name h:\legwork\house\amend\H-WM\001\89.134 FOSTER CARE TO DSS.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 518, paragraph 89.134, lines 31-33, by striking the paragraph in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. D. C. MOSS explained the amendment.
The amendment was then adopted.

Reps. DANING and D. C. MOSS proposed the following Amendment No. 62 (Doc Name h:\H-WM\001\89.136 gal jsd.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 519, paragraph 89.136, lines 1-4, by striking the paragraph in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. TOOLE proposed the following Amendment No. 88 (Doc Name h:\legwork\house\amend\H-WM\010\DELETING CONSUMER AFFAIRS TRANSFER.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 518, paragraph 89.132, lines 25-27, by striking it in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. HARRISON, BRANNON, HIOTT and D. C. MOSS proposed the following Amendment No. 105 (Doc Name h:\H-WM\001\89.134 coc to dmh 2.docx), which was adopted:


Printed Page 1786 . . . . . Tuesday, March 15, 2011

Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 518, paragraph 89.135, lines 34-36, by striking the paragraph in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. CROSBY proposed the following Amendment No. 4 (Doc Name h:\legwork\house\amend\H-WM\001\89 housing 2m trans infrast bank.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding an appropriately numbered paragraph to read:
/GP: Housing Authority Transfer to Transportation Infrastructure Bank) Of the funds authorized for the Housing Finance and Development Authority, the authority is directed to transfer $2,000,000 to the State Transportation Infrastructure Bank./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. CROSBY explained the amendment.

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

Rep. CROSBY proposed the following Amendment No. 5 (Doc Name h:\legwork\house\amend\H-WM\001\89 cmrc 2m trans infrast bank.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding an appropriately numbered paragraph to read:
/GP: Commerce Transfer to Transportation Infrastructure Bank) Of the funds appropriated to or authorized for the Department of Commerce, the department is directed to transfer $2,000,000 to the State Transportation Infrastructure Bank./
Renumber sections to conform.
Amend totals and titles to conform.

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


Printed Page 1787 . . . . . Tuesday, March 15, 2011

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

Rep. CROSBY proposed the following Amendment No. 6 to (Doc Name h:\legwork\house\amend\H-WM\001\89 bcb 3m to aid subs.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding an appropriately numbered paragraph to read:
/GP: BCB Transfer to Aid to Subs) Of the funds appropriated to or authorized for the Budget and Control Board, the board is directed to transfer $3,000,000 to Aid to Subdivisions - State Treasurer for the Local Government Fund./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. CROSBY explained the amendment.

Rep. MERRILL moved to table the amendment, which was agreed to by a division vote of 47 to 14.

Rep. KING proposed the following Amendment No. 18 to (Doc Name H:\COUNCIL\NBD\11458DG11.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding a new paragraph to read:
/89._ .   (GP:Grading Public Official) No public funds or public resources may be used by a public official or employee to grade another public official. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KING explained the amendment.

Rep. MERRILL moved to table the amendment.

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

Yeas 73; Nays 42


Printed Page 1788 . . . . . Tuesday, March 15, 2011

Those who voted in the affirmative are:

Atwater                Ballentine             Bannister
Barfield               Bedingfield            Bikas
Bingham                Bowen                  Brady
Brannon                Chumley                Clemmons
Cole                   Cooper                 Corbin
Crosby                 Daning                 Delleney
Edge                   Erickson               Forrester
Frye                   Gambrell               Hamilton
Hardwick               Harrell                Harrison
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Horne
Huggins                Limehouse              Loftis
Long                   Lucas                  McCoy
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 Neilson
Norman                 Owens                  Patrick
Pinson                 Pitts                  Pope
Quinn                  Ryan                   Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Thayer                 Toole
Tribble                Umphlett               Viers
White                  Whitmire               Willis
Young

Total--73

Those who voted in the negative are:

Alexander              Allen                  Anthony
Bales                  Battle                 Bowers
Branham                G. A. Brown            H. B. Brown
R. L. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Funderburk             Gilliard
Govan                  Hart                   Hayes
Hodges                 Hosey                  Jefferson
King                   Knight                 Lowe
Mack                   McEachern              McLeod
Mitchell               Munnerlyn              J. H. Neal
J. M. Neal             Ott                    Parker

Printed Page 1789 . . . . . Tuesday, March 15, 2011

Parks                  Rutherford             Sabb
J. E. Smith            Stavrinakis            Vick
Weeks                  Whipper                Williams

Total--42

So, the amendment was tabled.

Rep. KING proposed the following Amendment No. 39 to (Doc Name h:\H-WM\001\89.NEW AGENCIES.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding an appropriately numbered paragraph to read:
/   (GP: Prohibit Creation of New Agencies) The Governor is prohibited from creating new agencies, offices, or agency heads by executive order unless prior authorization has been granted by the General Assembly for the creation of such agency or office.

In so far as the Governor created a position of State Inspector General by Executive Order on March 11, 2011 and appointed an individual to serve as the State Inspector General, no appropriated and/or authorized public funds shall be used to support this position or function./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KING explained the amendment.

Rep. MERRILL moved to table the amendment.

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

Yeas 76; Nays 29

Those who voted in the affirmative are:

Atwater                Ballentine             Bannister
Barfield               Bedingfield            Bikas
Bingham                Bowen                  Brady
Brannon                Chumley                Clemmons
Cole                   Cooper                 Corbin
Crosby                 Daning                 Delleney
Edge                   Erickson               Forrester

Printed Page 1790 . . . . . Tuesday, March 15, 2011

Frye                   Funderburk             Gambrell
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Horne                  Huggins                Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  McCoy
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 Norman
Owens                  Parker                 Patrick
Pinson                 Pitts                  Pope
Quinn                  Ryan                   Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Tallon
Taylor                 Thayer                 Toole
Tribble                Umphlett               Viers
White                  Whitmire               Willis
Young

Total--76

Those who voted in the negative are:

Alexander              Bales                  Branham
G. A. Brown            H. B. Brown            R. L. Brown
Butler Garrick         Cobb-Hunter            Dillard
Gilliard               Govan                  Hart
Hodges                 Howard                 Jefferson
King                   Mack                   McEachern
McLeod                 Mitchell               Munnerlyn
Neilson                Ott                    Parks
Rutherford             Sabb                   Vick
Weeks                  Williams

Total--29

So, the amendment was tabled.

Reps. BINGHAM and OTT proposed the following Amendment No. 114 (Doc Name h:\H-WM\007\CHILDRENS TRUST FUND.DOCX), which was adopted:


Printed Page 1791 . . . . . Tuesday, March 15, 2011

Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding an appropriately numbered paragraph to read:
/ (SDE: Remittance to Children's Trust Fund) For Fiscal Year 2011-12 the Department of Education is directed to transfer $100,000 to the Children's Trust Fund./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. COBB-HUNTER, MERRILL and BARFIELD proposed the following Amendment No. 120 (Doc Name h:\H-WM\001\89 FOSTER CARE STUDY COM.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding an appropriately numbered paragraph to read:
/   (GP: Foster Care Review Board Study Committee) For the current fiscal year, effective July 1, 2011, in order to bring accountability and transparency to the foster care process, a Foster Care Review Board Study Committee shall be established to determine:

1)   the efficacy of administration of the Foster Care Review Board Program within the Department of Social Services. The study shall analyze the Foster Care Review Board Program's ability to advocate in a transparent and independent manner for foster care children within the structure of the Department of Social Services.

2)   ways in which to monitor performance and establish accountability of foster care review volunteers, including certification and oversight.

The Foster Care Study Committee shall be composed of the following members: Director of Social Services, or her designee; Director of the Foster Care Review Board Program, or her designee; a member of the Joint Legislative Committee on Children appointed by the Chairman of the committee; Director of the SC Bar, or his designee; and one volunteer foster care review board member in good standing with the Foster Care Review Board, to be appointed by the Governor. Members appointed by the Governor must not be employees of the State of South Carolina. Members shall serve at the pleasure of the appointing authority. The Director of the Department of Social


Printed Page 1792 . . . . . Tuesday, March 15, 2011

Services shall serve as chairman. Members of the study committee shall serve without compensation.

The study committee shall provide a report on the status of their findings and recommendations to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by January 10, 2012. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. BRANNON moved to table the amendment.

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

Yeas 26; Nays 91

Those who voted in the affirmative are:

Atwater                Bedingfield            Bikas
Brady                  Brannon                Chumley
Clemmons               Cole                   Erickson
Forrester              Funderburk             Long
D. C. Moss             V. S. Moss             Murphy
Norman                 Parker                 Patrick
Quinn                  Sandifer               G. R. Smith
Tallon                 Thayer                 Toole
Tribble                Viers

Total--26

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bingham                Bowen
Bowers                 Branham                G. A. Brown
H. B. Brown            R. L. Brown            Butler Garrick
Clyburn                Cobb-Hunter            Cooper
Corbin                 Crosby                 Daning
Delleney               Dillard                Edge
Frye                   Gambrell               Gilliard

Printed Page 1793 . . . . . Tuesday, March 15, 2011

Govan                  Hamilton               Hardwick
Harrell                Hart                   Hayes
Hearn                  Henderson              Hiott
Hixon                  Hodges                 Horne
Hosey                  Huggins                Jefferson
King                   Knight                 Limehouse
Loftis                 Lowe                   Lucas
Mack                   McCoy                  McEachern
McLeod                 Merrill                Mitchell
Munnerlyn              Nanney                 J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Pinson
Pitts                  Pope                   Rutherford
Ryan                   Sabb                   Sellers
Simrill                Skelton                G. M. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Taylor                 Umphlett               Vick
Weeks                  Whipper                White
Whitmire               Williams               Willis
Young

Total--91

So, the House refused to table the amendment.

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

Reps. COBB-HUNTER, OTT and J. H. NEAL proposed the following Amendment No. 122 (Doc Name h:\H-WM\001\INSPECTOR GENERAL REPORT.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding an appropriately numbered paragraph to read:
/     (GP: Inspector General) The Governor's Inspector General shall report quarterly to the House Ways and Means Committee and the Senate Finance Committee the following information: a list of each reported case/complaint of fraud, waste, or abuse limited to; the agency name at which the alleged abuse occurred or is occurring, the


Printed Page 1794 . . . . . Tuesday, March 15, 2011

date of the reported case, a unique case number for each case, and an estimated dollar amount related to the complaint. Further, as complaints are resolved the report must be updated by case number to include the actual dollar amount of savings and or recouped funds, and the specific sources of funds and programs in which the savings and/or recouped funds were identified. Any identified fraud or abuse with civil or criminal implications shall be turned over to the appropriate authorities for action.

After June 30, 2012, the position of Inspector General must be fully self-sufficient from savings identified in the cabinet agencies under review. If the position is not fully self-sufficient the position shall be terminated and the duties transferred to the State Auditor.

Effective July 1, 2011, the position of Inspector General shall fall under the purview of the Agency Head Salary Commission./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. OTT explained the amendment.

Rep. NORMAN moved to table the amendment.

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

Yeas 20; Nays 95

Those who voted in the affirmative are:

Atwater                Bedingfield            Brannon
Chumley                Forrester              Frye
Loftis                 Lowe                   Lucas
Norman                 Patrick                Quinn
Ryan                   G. M. Smith            G. R. Smith
J. R. Smith            Spires                 Stringer
Toole                  Willis

Total--20

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Ballentine
Bannister              Barfield               Battle
Bikas                  Bingham                Bowen

Printed Page 1795 . . . . . Tuesday, March 15, 2011

Bowers                 Brady                  Branham
G. A. Brown            H. B. Brown            R. L. Brown
Butler Garrick         Clemmons               Clyburn
Cobb-Hunter            Cole                   Cooper
Corbin                 Crosby                 Daning
Delleney               Dillard                Edge
Erickson               Funderburk             Gambrell
Gilliard               Govan                  Hamilton
Hardwick               Harrell                Harrison
Hayes                  Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Horne                  Hosey
Huggins                Jefferson              King
Knight                 Limehouse              Long
Mack                   McCoy                  McEachern
McLeod                 Merrill                Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Nanney                 J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parker                 Parks
Pinson                 Pope                   Rutherford
Sabb                   Sandifer               Sellers
Simrill                Skelton                Sottile
Stavrinakis            Tallon                 Taylor
Thayer                 Tribble                Umphlett
Vick                   Viers                  Weeks
Whipper                White                  Whitmire
Williams               Young

Total--95

So, the House refused to table the amendment.

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

Reps. EDGE and OTT proposed the following Amendment No. 123 (Doc Name H:\COUNCIL\AGM\18900BH11.docx), which was adopted:


Printed Page 1796 . . . . . Tuesday, March 15, 2011

Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding an appropriately numbered paragraph to read:
/ 89.__.(GP: Tobacco Settlement Trust Fund Distribution) For fiscal year 2011-12, that portion of the tobacco settlement trust fund that the State Treasurer is directed to transfer to the Department of Agriculture for marketing and branding of agricultural products or produce pursuant to the provisions of Section 11-49-55 must be transferred to the Department of Agriculture as the funds are accrued in $250,000 increments up to one million dollars. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. NEILSON proposed the following Amendment No. 124 (Doc Name h:\legwork\house\amend\H-WM\001\89 gold and silver.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding an appropriately numbered paragraph to read:
/(GP: Gold and Silver Investments) The State Treasurer, when investing funds on behalf of the State of South Carolina shall consider investing in gold and silver./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. ERICKSON proposed the following Amendment No. 125 (Doc Name h:\H-WM\004\CHILD CARE LICENSING.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding an appropriately numbered paragraph to read:
/ (GP: Child Care Licensing and Inspections) For the current fiscal year, the statutory and regulatory functions of the Department of Health and Environmental Control with respect to the licensing and inspections of child care centers are transferred to and shall be


Printed Page 1797 . . . . . Tuesday, March 15, 2011

performed by the Department of Social Services. The authority to impose fees authorized by law and regulation by the Department of Health and Environmental Control on child care centers for the department's functions with respect to the licensing and inspections of child care centers continue in effect for the current fiscal year, but is transferred to the Department of Social Services. The revenue of the fees must be retained by the Department of Social Services to defray its expenses incurred in the current fiscal year in exercising the transferred child care licensing and inspection functions./
Renumber sections to conform.
Amend totals and titles to conform.

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

AMENDMENT NO. 122--MOTION TO RECONSIDER TABLED

Rep. STAVRINAKIS moved to reconsider the vote whereby Amendment No. 122 was adopted.

Rep. STAVRINAKIS moved to table the motion to reconsider, which was agreed to.

Rep. BEDINGFIELD proposed the following Amendment No. 126 (Doc Name h:\legwork\house\amend\H-WM\001\89 state health plan premiums.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding an appropriately numbered paragraph to read:
/(GP: 2012 State Health Plan) The Budget and Control Board, when establishing the State Health Plan of Benefits for Plan Year 2012, shall adopt a plan whereby the employee contributes 30% and the employer contributes 70% toward the cost of the total premium./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BEDINGFIELD explained the amendment.

Rep. WHITE moved to table the amendment.


Printed Page 1798 . . . . . Tuesday, March 15, 2011

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

Yeas 97; Nays 21

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Atwater
Bales                  Ballentine             Barfield
Battle                 Bikas                  Bingham
Bowen                  Bowers                 Brady
Branham                Brannon                G. A. Brown
H. B. Brown            R. L. Brown            Butler Garrick
Chumley                Clyburn                Cobb-Hunter
Cole                   Cooper                 Crosby
Daning                 Delleney               Dillard
Edge                   Forrester              Frye
Funderburk             Gambrell               Gilliard
Govan                  Hardwick               Harrell
Harrison               Hart                   Hayes
Herbkersman            Hiott                  Hixon
Hodges                 Horne                  Hosey
Howard                 Huggins                Jefferson
King                   Knight                 Limehouse
Long                   Lowe                   Lucas
Mack                   McCoy                  McEachern
McLeod                 Merrill                Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parker                 Parks                  Pinson
Pitts                  Pope                   Quinn
Rutherford             Sabb                   Sandifer
Sellers                Simrill                Skelton
J. R. Smith            Spires                 Stavrinakis
Tallon                 Taylor                 Toole
Vick                   Weeks                  Whipper
White                  Whitmire               Williams
Willis

Total--97


Printed Page 1799 . . . . . Tuesday, March 15, 2011

Those who voted in the negative are:

Bannister              Bedingfield            Clemmons
Corbin                 Erickson               Hamilton
Hearn                  Henderson              Loftis
Nanney                 Norman                 Patrick
Ryan                   G. M. Smith            G. R. Smith
Sottile                Stringer               Thayer
Tribble                Viers                  Young

Total--21

So, the amendment was tabled.

Rep. WHITE proposed the following Amendment No. 127 (Doc Name h:\legwork\house\amend\H-WM\004\NURSING HOME PERMITS.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding an appropriately numbered paragraph to read:
/(GP: Nursing Home Permit Laws) For the current fiscal year the Department of Health and Environmental Control shall suspend enforcement of certain provisions of the Medicaid Nursing Home Permit Law as required by Sections 44-7-80, 44-7-82, 44-7-84 ,44-7-88 , and 44-7-90. The Department of Health and Environmental Control shall not penalize or fine a facility which has provided fewer Medicaid patient days than allowable under the Medicaid Permit Program. The department may not transfer or add additional days to any facility during fiscal year 2011-2012. Should the Department of Health and Human Services decrease the number of days available to the Department of Health and Environmental Control, they shall proportionately decrease the authorized Medicaid days for each nursing home. Should additional days be authorized, they shall be restored in the same manner. Section 44-7-88 is hereby suspended for fiscal year 2011-2012. Notwithstanding any other provision of law, nursing homes may discharge a resident due to payment source and Medicaid permit requirement/
Renumber sections to conform.
Amend totals and titles to conform.

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


Printed Page 1800 . . . . . Tuesday, March 15, 2011

Rep. COBB-HUNTER proposed the following Amendment No. 133 (Doc Name H:\COUNCIL\AGM\18906AB11.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding a new numbered paragraph to read:
/ 89.__. (GP: SCBOS cost reporting requirement) For Fiscal Year 2011-12, the South Carolina Business One Stop program shall quarterly report cost per participant data and cost per outcome data to the General Assembly in an effort to select the best training providers. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.

Rep. COBB-HUNTER proposed the following Amendment No. 134 (Doc Name H:\COUNCIL\AGM\18908AB11.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding a new numbered paragraph to read:
/ 89.__. (GP: SCBOS procurement requirement) For Fiscal Year 2011-12, any purchase of a good or service for the general operation of the South Carolina Business One Stop operation must comply with the request for proposal requirement of the State Consolidated Procurement Code. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.

Rep. COBB-HUNTER proposed the following Amendment No. 135 (Doc Name H:\COUNCIL\AGM\18907AB11.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding a new numbered paragraph to read:
/ 89.__. (GP: WIA meeting requirements) For Fiscal Year 2011-12, a Workforce Investment Board meeting must be subject to all notice


Printed Page 1801 . . . . . Tuesday, March 15, 2011

requirements of the Freedom of Information Act and may not take place unless a quorum of the board membership is present. Any decision made in violation of these requirements is void. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.

Rep. COBB-HUNTER proposed the following Amendment No. 136 (Doc Name H:\COUNCIL\AGM\18909AB11.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding a new numbered paragraph to read:
/ 89.__. (GP: WIA service advertising) For Fiscal Year 2011-12, the Workforce Investment Act may advertise its services via billboard, bus placard, newspapers, or radio in all workforce investment areas rather than in selected workforce investment areas. This advertising may not be limited to e-mail, online, or other internet-based advertising, publicity, or other promotions. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.

Rep. COBB-HUNTER proposed the following Amendment No. 137 (Doc Name H:\COUNCIL\AGM\18911AB11.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding a new numbered paragraph to read:
/ 89.__. (GP: WIA investment board training fund allocation study committee)   (A)   There is a created a study committee to study and review the parameters on the allocation of training funds set by the state workforce investment board and eligibility criteria and minimum levels of performance for training providers established by the Governor pursuant to federal law. The committee shall evaluate and make non-binding recommendations on areas in which these parameters and criteria may be enhanced to improve the overall


Printed Page 1802 . . . . . Tuesday, March 15, 2011

performance of worker training provided by the Workforce Investment Act.

(B)   The study committee must be composed of the five members, one of whom is appointed by the Speaker of the House, one of whom is appointed by the President Pro Tempore of the Senate, one of whom is appointed by the House Minority Leader, one of whom is appointed by the Senate Minority Leader, and one of whom is appointed by the Governor. The members of the study committee shall elect a chairman.

(C)   The study committee shall accept committee staffing and coordination from the appropriate committees of the Senate and House of Representatives. The members of the study committee shall serve without mileage, per diem, and subsistence. The study committee shall meet as often as is necessary, and shall convene no later than sixty days after the effective date of this act.

(D)   A meeting of the study committee may not take place without a quorum of its membership and must comply with all requirements of the South Carolina Freedom of Information Act.

(E)   The study committee shall submit its report to the General Assembly and the Governor no later than July 1, 2012, at which point the study committee shall dissolve. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.

Rep. COBB-HUNTER proposed the following Amendment No. 138 (Doc Name H:\COUNCIL\AGM\18903AB11.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding a new numbered paragraph to read:
/ 89.__. (GP: SCBOS moratorium) (A)   There is a twelve-month moratorium on the closing, transfer, or consolidation of any South Carolina Business One Stop location in this State. During the pendency of this moratorium, any service offered by the One Stop Help Center virtually through the Internet or by means of telephone, e-mail, fax, or live chat must be available to the public from a person physically present in a physical location in each county from 8:30 a.m. until 5:00 p.m. on normal business days for at least forty hours per week.


Printed Page 1803 . . . . . Tuesday, March 15, 2011

(B)(1)   There is a created a study committee to study and review the feasibility and prudence of closing or consolidating South Carolina Business One Stop Job Center locations, or transferring the functions of these centers to a location outside of the county in which the service is being provided. This review must include an estimate of cost savings that may be realized from any such closure, consolidation, or transfer.

(2)   The study committee must be composed of the five members, one of whom is appointed by the Speaker of the House, one of whom is appointed by the President Pro Tempore of the Senate, one of whom is appointed by the House Minority Leader, one of whom is appointed by the Senate Minority Leader, and one of whom is appointed by the Governor. The members of the study committee shall elect a chairman.

(3)   The study committee shall accept committee staffing and coordination from the appropriate committees of the Senate and House of Representatives. The members of the study committee shall serve without mileage, per diem, and subsistence. The study committee shall meet as often as is necessary, and shall convene no later than sixty days after the effective date of this act.

(4)   A meeting of the study committee may not take place without a quorum of its membership and must comply with all requirements of the South Carolina Freedom of Information Act.

(5)   The study committee shall submit its report, including specific documentation of expected cost savings from any closing, transfer, or consolidation would achieve, to the General Assembly no later than July 1, 2012, at which point the study committee shall dissolve. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. COBB-HUNTER moved to table the amendment, which was agreed to.

Rep. COBB-HUNTER proposed the following Amendment No. 139 (Doc Name H:\COUNCIL\AGM\18904AB11.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding a new numbered paragraph to read:


Printed Page 1804 . . . . . Tuesday, March 15, 2011

/ 89.__. (GP: SCBOS moratorium)   (A)   There is a twelve-month moratorium on the closing, transfer, or consolidation of any South Carolina Business One Stop location in this State. During the pendency of this moratorium, any service offered by the One Stop Help Center virtually through the Internet or by means of telephone, e-mail, fax, or live chat must be available to the public from a person physically present in a physical location in each county from 8:30 a.m. until 5:00 p.m. on normal business days for at least forty hours per week.

(B)   The Department of Revenue shall prepare a detailed report and have an independent audit of all expenditures of the funds received and expended by the South Carolina Business One Stop program during the previous calendar year. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. MERRILL moved to table the amendment.

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

Yeas 70; Nays 41

Those who voted in the affirmative are:

Atwater                Ballentine             Bannister
Barfield               Bikas                  Bingham
Bowen                  Brady                  Brannon
Chumley                Clemmons               Cole
Cooper                 Corbin                 Crosby
Daning                 Delleney               Edge
Erickson               Forrester              Frye
Gambrell               Govan                  Hamilton
Hardwick               Harrell                Harrison
Hearn                  Henderson              Hixon
Horne                  Huggins                Limehouse
Loftis                 Long                   Lowe
Lucas                  McCoy                  Merrill
D. C. Moss             V. S. Moss             Murphy
Nanney                 Norman                 Owens
Patrick                Pinson                 Pitts
Pope                   Quinn                  Ryan

Printed Page 1805 . . . . . Tuesday, March 15, 2011

Sandifer               Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Tribble                Viers
White                  Whitmire               Willis
Young

Total--70

Those who voted in the negative are:

Agnew                  Anderson               Anthony
Bales                  Battle                 Bowers
Branham                G. A. Brown            H. B. Brown
R. L. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Dillard                Gilliard
Hart                   Hayes                  Hodges
Hosey                  Howard                 Jefferson
King                   Knight                 Mack
McEachern              McLeod                 Mitchell
Munnerlyn              J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Rutherford             Sabb                   Sellers
J. E. Smith            Vick                   Weeks
Whipper                Williams

Total--41

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 140 (Doc Name H:\COUNCIL\AGM\18910AB11.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding a new numbered paragraph to read:
/ 89.__. (GP: WIA training marketability evaluation) For Fiscal Year 2011-12, local workforce investment boards shall demonstrate that funds expended for training are used to provide marketable work skills by reporting how its funds were allocated based on skills for which training was funded to determine what percentage of funds are


Printed Page 1806 . . . . . Tuesday, March 15, 2011

used to fund non-vocational, academic programs and high-growth or high-demand industries and occupations. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.

Reps. HARRISON, QUINN and G. R. SMITH proposed the following Amendment No. 142 (Doc Name h:\H-WM\001\arts admin $$.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding an appropriately numbered paragraph to read:
/ (GP: Arts Commission Administrative Funds) The Arts Commission shall direct $390,259 of Administrative monies to the Department of Parks, Recreation and Tourism for Tourism Sales and Marketing./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COOPER explained the amendment.
Rep. HARRISON spoke in favor of the amendment.
Rep. STAVRINAKIS spoke against the amendment.
Rep. J. H. NEAL spoke against the amendment.

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

Reps. LUCAS, MERRILL, NEILSON and WILLIAMS proposed the following Amendment No. 143 (Doc Name H:\COUNCIL\BBM\10126HTC11.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 28, by adding an appropriately numbered paragraph to read:
/ 89. (GP: Admissions Tax) For fiscal year 2011/2012, in addition to the exemptions from the admissions license tax imposed pursuant to Section 12-21-2420 of the1976 Code, admissions to a motorsports entertainment complex facility with at least sixty thousand permanent seats and to the Family Circle Cup Tennis Tournament are also exempt from admissions tax. /
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1807 . . . . . Tuesday, March 15, 2011

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

The question then recurred to the adoption of the amendment.

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

Yeas 86; Nays 28

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Bales                  Bannister              Barfield
Battle                 Bowen                  Bowers
Brady                  Brannon                G. A. Brown
H. B. Brown            R. L. Brown            Chumley
Clemmons               Clyburn                Cobb-Hunter
Cooper                 Corbin                 Crosby
Daning                 Delleney               Dillard
Erickson               Funderburk             Gambrell
Gilliard               Govan                  Hardwick
Harrell                Harrison               Hart
Hayes                  Hearn                  Henderson
Herbkersman            Hiott                  Hodges
Horne                  Hosey                  Jefferson
King                   Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McCoy
McEachern              Merrill                Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
J. H. Neal             Neilson                Ott
Owens                  Parker                 Parks
Patrick                Pinson                 Pitts
Pope                   Rutherford             Sabb
Sandifer               Sellers                Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Tallon                 Thayer
Tribble                Vick                   Whipper
White                  Williams

Total--86


Printed Page 1808 . . . . . Tuesday, March 15, 2011

Those who voted in the negative are:

Agnew                  Allen                  Atwater
Ballentine             Bedingfield            Bikas
Bingham                Butler Garrick         Cole
Forrester              Frye                   Hamilton
Hixon                  Huggins                McLeod
Nanney                 J. M. Neal             Norman
Quinn                  Ryan                   Stringer
Taylor                 Toole                  Viers
Weeks                  Whitmire               Willis
Young

Total--28

So, the amendment was adopted.

Rep. COOPER proposed the following Amendment No. 144 (Doc Name h:\H-WM\004\NURSING STAFF REQUIREMENTS.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding an appropriately numbered paragraph to read:
/(GP: Staffing Standards for Nursing Home) For the current fiscal year, in the course of regulating nursing homes, staffing standards shall be enforced as follows: the nursing home shall provide nonlicensed nursing staff to provide a minimum of one and sixty three hundredths (1.63) hours of direct care per resident per day. There shall be one licensed nurse per shift for each staff work area. All other staffing standards and non-staffing standards established in, Standards for Licensing Nursing Homes: 24A S.C. Code Ann. Regs. 61-17 (Supp. 2008), shall be enforced as written./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. GOVAN proposed the following Amendment No. 145 (Doc Name h:\legwork\house\amend\H-WM\004\NURSING HOME STUDY COMMITTEE.DOCX), which was rejected:


Printed Page 1809 . . . . . Tuesday, March 15, 2011

Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, by adding an appropriately numbered paragraph to read:
/(GP: Healthcare Study) There is created a study committee to look at the level and quality of healthcare being provided in South Carolina. The purpose of the study committee is to determine whether the proper level of healthcare is being provided for all recipients under State and Federal guidelines.
The study committee shall be composed of the Governor, or her designee; the President Pro Tempore of the Senate, or his designee; the Speaker of the House of Representatives, or his designee; a member appointed by the Chairman of the House Minority Caucus, a member appointed by the Chairman of the Senate Minority Caucus, a representative from the Department of Health and Human Services, a representative from the Department of Health and Environmental Control, a representative from the Lieutenant Governor's Office on Aging, a representative from the Counsel on Aging, a representative from the Attorney General's office, a representative from the Health Care Association, a representative from the South Carolina Primary Association, a member of the South Carolina Medical Association, a member of the South Carolina Hospital Association, and a representative from the South Carolina Nursing Home Association. The members of the study committee shall elect a chairman.
The study committee shall accept committee staffing and coordination from the appropriate committees of the Senate and House of Representatives. The members of the study committee shall serve without mileage, per diem, and subsistence. The study committee shall meet as often as is necessary, and shall convene no later than sixty days after the effective date of this act. The study committee shall submit its recommendations for priority funding for healthcare in the General appropriations act for the ensuing year. This plan must be submitted to the General Assembly no later than December 1, 2011, at which point the study committee shall dissolve./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

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


Printed Page 1810 . . . . . Tuesday, March 15, 2011

The question then recurred to the adoption of the amendment.

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

Yeas 42; Nays 70

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Battle
Bowers                 G. A. Brown            H. B. Brown
R. L. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Daning                 Dillard
Funderburk             Gilliard               Govan
Hart                   Hayes                  Hodges
Hosey                  Jefferson              King
Knight                 Mack                   McEachern
McLeod                 Mitchell               Munnerlyn
J. H. Neal             J. M. Neal             Neilson
Ott                    Rutherford             Sabb
Sellers                J. E. Smith            Vick
Weeks                  Whipper                Williams

Total--42

Those who voted in the negative are:

Atwater                Ballentine             Bannister
Barfield               Bedingfield            Bikas
Bingham                Bowen                  Brady
Brannon                Chumley                Clemmons
Cole                   Cooper                 Corbin
Crosby                 Delleney               Erickson
Forrester              Frye                   Gambrell
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Horne                  Huggins                Limehouse
Loftis                 Long                   Lowe
McCoy                  Merrill                D. C. Moss
V. S. Moss             Murphy                 Norman
Owens                  Parker                 Patrick
Pinson                 Pitts                  Pope

Printed Page 1811 . . . . . Tuesday, March 15, 2011

Quinn                  Ryan                   Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Tribble                Viers
White                  Whitmire               Willis
Young

Total--70

So, the amendment was rejected.

Rep. VICK proposed the following Amendment No. 149 to (Doc Name H:\COUNCIL\AGM\18913AB11.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 27, BY ADDING A NEW NUMBERED PARAGRAPH TO READ:
/ 89.__ (GP: DEW Liaison) For Fiscal Year 2011-2012, the Director of the Department of Employment and Workforce shall designate a legislative liaison to deal with constituent concerns and other concerns brought to the department. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. QUINN and ATWATER proposed the following Amendment No. 96 (Doc Name h:\legwork\house\amend\H-WM\003\pcc to ag 2.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 520, after line 28, by adding an appropriately numbered paragraph to read:
/ (GP: Transfer Prosecution Coordination Commission to Attorney General) Effective July 1, 2011, the duties, functions, responsibilities, personnel, funding, and physical assets of the prosecution coordination commission are transferred to the office of attorney general. The Commission shall continue in an advisory capacity only. All funds appropriated to the prosecution coordination commission in program ii, Offices of Circuit Solicitor must be distributed to the offices of


Printed Page 1812 . . . . . Tuesday, March 15, 2011

circuit solicitors on a per capita basis except as provided by law. Any general funds savings realized during FY 11-12 from the consolidation of these two agencies, including, but not limited to the $62,391 for annual rent, $57,793 for data processing, and $134,768 in personnel costs previously budgeted by the central office of the commission, must be transferred to Judicial Circuit State Support for Solicitor Offices. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. QUINN explained the amendment.
Rep. PITTS spoke against the amendment.
Rep. QUINN spoke in favor of the amendment.
Rep. POPE spoke against the amendment.

Rep. PITTS moved to table the amendment.

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

Yeas 85; Nays 21

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bikas                  Bowen                  Bowers
Brady                  Brannon                G. A. Brown
R. L. Brown            Chumley                Clemmons
Cole                   Cooper                 Corbin
Crosby                 Daning                 Delleney
Dillard                Erickson               Forrester
Gambrell               Gilliard               Govan
Hamilton               Hart                   Hayes
Henderson              Hiott                  Hixon
Hodges                 Hosey                  Jefferson
King                   Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McCoy
McEachern              Mitchell               D. C. Moss
V. S. Moss             Nanney                 J. M. Neal
Norman                 Ott                    Owens
Parker                 Patrick                Pinson

Printed Page 1813 . . . . . Tuesday, March 15, 2011

Pitts                  Pope                   Ryan
Sabb                   Sandifer               Sellers
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Stringer               Tallon                 Taylor
Thayer                 Tribble                Viers
Weeks                  Whipper                White
Whitmire               Williams               Willis
Young

Total--85

Those who voted in the negative are:

Atwater                Bales                  Bingham
Edge                   Frye                   Funderburk
Harrison               Horne                  Huggins
McLeod                 Merrill                Munnerlyn
J. H. Neal             Neilson                Quinn
Rutherford             J. E. Smith            Spires
Stavrinakis            Toole                  Vick

Total--21

So, the amendment was tabled.

AMENDMENT NO. 149--RECONSIDERED AND TABLED

Rep. NANNEY moved to reconsider the vote whereby Amendment No. 149 was adopted.

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

Yeas 80; Nays 30

Those who voted in the affirmative are:

Agnew                  Anthony                Atwater
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bikas
Bingham                Bowen                  Brady
Brannon                Chumley                Clemmons
Cole                   Cooper                 Corbin

Printed Page 1814 . . . . . Tuesday, March 15, 2011

Crosby                 Daning                 Delleney
Edge                   Erickson               Forrester
Gambrell               Hamilton               Hardwick
Harrell                Harrison               Hayes
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Horne
Huggins                Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  McCoy                  Merrill
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Nanney                 Neilson
Norman                 Owens                  Parker
Patrick                Pinson                 Pitts
Pope                   Quinn                  Ryan
Sabb                   Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble
Vick                   White                  Whitmire
Willis                 Young

Total--80

Those who voted in the negative are:

Allen                  Anderson               Bales
Bowers                 G. A. Brown            H. B. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Dillard                Gilliard               Govan
Hart                   Hodges                 Hosey
Jefferson              King                   McEachern
McLeod                 Mitchell               J. H. Neal
J. M. Neal             Ott                    Rutherford
Sellers                J. E. Smith            Viers
Weeks                  Whipper                Williams

Total--30

So, the motion to reconsider was agreed to.

Rep. BINGHAM spoke against the amendment.


Printed Page 1815 . . . . . Tuesday, March 15, 2011

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

Rep. DANING proposed the following Amendment No. 132 (Doc Name h:\H-WM\001\89.137 DELETE.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 89, GENERAL PROVISIONS, page 519, paragraph 89.137, lines 5-22, by striking the paragraph in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. DANING explained the amendment.

Rep. MERRILL moved to table the amendment, which was agreed to by a division vote of 42 to 16.

The question then recurred to the adoption of the Section.
Section 89, as amended, was adopted.

SECTION 46--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. COOPER to reconsider the vote whereby debate was adjourned on Section 46 was taken up and agreed to.

Reps. QUINN, PITTS, G. M. SMITH and POPE proposed the following Amendment No. 90 (Doc Name h:\legwork\house\amend\H-WM\003\PCC CIR SUPPT.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 46, PROSECUTION COORDINATION COMMISSION, page 420, paragraph 46.3, lines 4-6, by striking: /may, upon approval of the commission, be used to fund necessary administrative and personnel costs of the commission and other expenditures approved by the commission, not to exceed 5% of the appropriation, and the balance thereafter remaining /
Amend further, page 421, line 3, by adding a new proviso to read: /All funds appropriated as special items in Part IA must be distributed to the 16 offices of judicial circuits on a per capita basis./
Renumber sections to conform.
Amend totals and titles to conform.

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


Printed Page 1816 . . . . . Tuesday, March 15, 2011

Reps. POPE and MCCOY proposed the following Amendment No. 129 (Doc Name h:\legwork\house\amend\H-WM\003\PCC REMAIN WITH 4.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 46, PROSECUTION COORDINATION COMMISSION, page 421, after line 3, by adding an appropriately numbered paragraph to read:
/for the current fiscal year, the central office is limited to 4 State Funded FTE's as follows: executive director, administrative assistant, education coordinator, and the coordinator for pre-trial intervention. This limitation does not apply to FTE's funded with grant funds. The office of state budgets shall assist the agency with the implementation of this proviso to include the re-location of central office staff in a state owned office building as soon as practicable. In addition the Office of State Budgets shall identify the savings achieved by this proviso. Any savings achieved must be transferred to judicial circuits state support. Nothing in this proviso shall be construed to limit the powers and duties of the Commission on Prosecution Coordination. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. POPE, PITTS AND G. M. SMITH proposed the following Amendment No. 151 (Doc Name h:\legwork\house\amend\H-WM\003\office of circuit solicitors.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 46, PROSECUTION COORDINATION COMMISSION, page 420, paragraph 46.3, lines 4-6, by striking: /may, upon approval of the commission, be used to fund necessary administrative and personnel costs of the commission and other expenditures approved by the commission, not to exceed 5% of the appropriation, and the balance thereafter remaining /
Amend further, page 421, line 3, by adding a new proviso to read: /All funds appropriated as special items in Part IA must be distributed to the 16 offices of circuit solicitors on a per capita basis./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. POPE explained the amendment.


Printed Page 1817 . . . . . Tuesday, March 15, 2011

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

The question then recurred to the adoption of the amendment.

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

Yeas 90; Nays 26

Those who voted in the affirmative are:

Allen                  Anderson               Anthony
Atwater                Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bikas                  Bingham                Bowen
Brady                  Brannon                G. A. Brown
H. B. Brown            R. L. Brown            Chumley
Clemmons               Clyburn                Cole
Cooper                 Corbin                 Crosby
Daning                 Delleney               Edge
Erickson               Forrester              Frye
Gambrell               Hamilton               Hardwick
Harrell                Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Horne                  Hosey
Huggins                Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  McCoy                  McEachern
McLeod                 Merrill                D. C. Moss
V. S. Moss             Murphy                 Nanney
J. M. Neal             Norman                 Owens
Parker                 Patrick                Pinson
Pitts                  Pope                   Quinn
Ryan                   Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Tribble                Viers
Weeks                  Whipper                White
Whitmire               Willis                 Young

Total--90


Printed Page 1818 . . . . . Tuesday, March 15, 2011

Those who voted in the negative are:

Agnew                  Alexander              Bales
Bowers                 Branham                Cobb-Hunter
Dillard                Funderburk             Gilliard
Govan                  Hayes                  Howard
Jefferson              King                   Mack
Mitchell               Munnerlyn              J. H. Neal
Neilson                Ott                    Parks
Rutherford             Sabb                   Sellers
Vick                   Williams

Total--26

So, the amendment was adopted.

AMENDMENT NO. 151--MOTION TO
RECONSIDER TABLED

Rep. J. E. SMITH moved to reconsider the vote whereby Amendment No. 151 was adopted.

Rep. J. E. SMITH spoke in favor of the motion to reconsider.

Rep. G. M. SMITH spoke against the motion to reconsider.

Rep. J. E. SMITH spoke in favor of the motion to reconsider.

The question then recurred to the motion to reconsider the vote whereby Amendment No. 151 was adopted.

Rep. SIMRILL moved to table the motion to reconsider.

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

Yeas 74; Nays 41

Those who voted in the affirmative are:

Anderson               Anthony                Ballentine
Bannister              Barfield               Bedingfield
Bikas                  Bingham                Bowen
Brady                  Brannon                G. A. Brown

Printed Page 1819 . . . . . Tuesday, March 15, 2011

Chumley                Clemmons               Cole
Cooper                 Corbin                 Crosby
Daning                 Delleney               Edge
Erickson               Forrester              Gambrell
Hamilton               Hardwick               Harrell
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Horne
Hosey                  Huggins                Limehouse
Loftis                 Long                   Lowe
Lucas                  McCoy                  McLeod
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 Norman
Owens                  Parker                 Patrick
Pinson                 Pitts                  Pope
Ryan                   Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stringer               Tallon                 Taylor
Thayer                 Viers                  Weeks
Whipper                White                  Whitmire
Willis                 Young

Total--74

Those who voted in the negative are:

Agnew                  Alexander              Allen
Atwater                Bales                  Battle
Bowers                 Branham                H. B. Brown
R. L. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Govan                  Harrison
Hayes                  Hodges                 Howard
Jefferson              King                   Knight
Mack                   McEachern              Mitchell
Munnerlyn              J. H. Neal             J. M. Neal
Ott                    Parks                  Quinn
Rutherford             Sabb                   Sellers
J. E. Smith            Toole                  Tribble
Vick                   Williams

Total--41


Printed Page 1820 . . . . . Tuesday, March 15, 2011

So, the motion to reconsider was tabled.

The question then recurred to the adoption of Section 46.

The yeas and nays were taken resulting as follows:

Yeas 108; Nays 4

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Atwater
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bikas
Bingham                Bowen                  Bowers
Brady                  Branham                Brannon
G. A. Brown            H. B. Brown            R. L. Brown
Butler Garrick         Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole
Cooper                 Corbin                 Crosby
Daning                 Delleney               Dillard
Edge                   Erickson               Forrester
Frye                   Funderburk             Gambrell
Govan                  Hamilton               Hardwick
Harrell                Harrison               Hayes
Hearn                  Henderson              Hiott
Hixon                  Hodges                 Horne
Hosey                  Huggins                Jefferson
King                   Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McCoy
McEachern              McLeod                 Merrill
Mitchell               D. C. Moss             V. S. Moss
Murphy                 Nanney                 J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parker
Parks                  Patrick                Pinson
Pitts                  Pope                   Quinn
Ryan                   Sandifer               Sellers
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer

Printed Page 1821 . . . . . Tuesday, March 15, 2011

Toole                  Tribble                Viers
Weeks                  White                  Whitmire
Williams               Willis                 Young

Total--108

Those who voted in the negative are:

Bales                  Rutherford             J. E. Smith
Vick

Total--4

Section 46, as amended, was adopted.

SECTION 54--RECONSIDERED AND ADOPTED

The motion of Rep. COOPER to reconsider the vote whereby debate was adjourned on Section 54 was taken up and agreed to.

Section 54 was adopted.

SECTION 67--RECONSIDERED AND ADOPTED

The motion of Rep. COOPER to reconsider the vote whereby debate was adjourned on Section 67 was taken up and agreed to.

Section 67 was adopted.

SECTION 90--AMENDED AND ADOPTED

Reps. COOPER and BINGHAM proposed the following Amendment No. 121 (Doc Name h:\legwork\house\amend\H-WM\001\90 excess eia rev.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 528, after line 35, by adding an appropriately numbered paragraph to read:
/ (SR: Excess EIA Revenue) Fiscal Year 2010-11 excess EIA revenues above the Fiscal year 2010-11 appropriations are authorized for appropriation in Part IA, Section 1, of this act. /
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1822 . . . . . Tuesday, March 15, 2011

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

Rep. BEDINGFIELD proposed the following Amendment No. 153 (Doc Name h:\legwork\house\amend\H-WM\001\taxpayer funded lobbyist3.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 528, after line 35, by adding an appropriately numbered paragraph to read:
/ SR: Prohibts Public Funded Lobbyists: In order to eliminate taxpayer funded lobbying, the Office of State Budget is directed to permanently reduce the below allocations/authorization per said agency:
Administrative Law Court         $   22,000
The Citadel                       $   16,881
Clemson University               $   45,480
Coastal Carolina University         $   20,230
College of Charleston               $   70,833
Department of Health

& Environmental Control       $   37,708
State Board for Technical

& Comprehensive Education       $   124,654

Florence-Darlington

Technical College         $   10,001

Greenville Technical College     $   31,783

Horry-Georgetown

Technical College         $   1,183

Tri-County Technical College   $   55,545
Francis Marion University           $   94,000
Judicial Department               $   59,164
Medical University of

South Carolina               $   118,949
Department of Natural Resources     $   17,157
State Ports Authority               $   134,405
Prosecution Coordination

Commission                 $   19,290
Public Service Commission         $   34,654
South Carolina State University     $   20,000
University Of South Carolina       $   53,368
University of South Carolina-

Upstate                     $   11,000


Printed Page 1823 . . . . . Tuesday, March 15, 2011

Winthrop University                 $   9,300
Total                             $1,007,585/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BEDINGFIELD explained the amendment.
Rep. SKELTON spoke against the amendment.

Rep. SKELTON moved to table the amendment.

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

Yeas 33; Nays 82

Those who voted in the affirmative are:

Alexander              Anderson               Bales
Battle                 Branham                G. A. Brown
H. B. Brown            Clyburn                Dillard
Gilliard               Govan                  Hayes
Hodges                 Hosey                  Howard
Jefferson              King                   Mack
McEachern              Mitchell               Munnerlyn
J. H. Neal             Ott                    Parks
Rutherford             Sabb                   Sellers
Skelton                J. E. Smith            Tribble
Vick                   Whipper                Williams

Total--33

Those who voted in the negative are:

Agnew                  Allen                  Anthony
Atwater                Ballentine             Bannister
Barfield               Bedingfield            Bikas
Bingham                Bowen                  Bowers
Brady                  Brannon                R. L. Brown
Chumley                Clemmons               Cole
Cooper                 Corbin                 Daning
Delleney               Edge                   Erickson
Forrester              Frye                   Funderburk
Gambrell               Hamilton               Hardwick
Harrell                Harrison               Hearn

Printed Page 1824 . . . . . Tuesday, March 15, 2011

Henderson              Herbkersman            Hiott
Hixon                  Horne                  Huggins
Knight                 Limehouse              Loftis
Long                   Lowe                   Lucas
McCoy                  McLeod                 Merrill
D. C. Moss             V. S. Moss             Murphy
Nanney                 J. M. Neal             Neilson
Norman                 Owens                  Parker
Patrick                Pinson                 Pitts
Pope                   Quinn                  Ryan
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Viers                  Weeks
White                  Whitmire               Willis
Young

Total--82

So, the House refused to table the amendment.

Rep. RUTHERFORD spoke against the amendment.
Rep. OTT spoke against the amendment.
Rep. G. A. BROWN spoke against the amendment.
Rep. SKELTON spoke against the amendment.
Rep. R. L. BROWN spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 61; Nays 54

Those who voted in the affirmative are:

Agnew                  Atwater                Ballentine
Bannister              Barfield               Bedingfield
Bikas                  Bingham                Bowen
Brady                  Chumley                Clemmons
Corbin                 Daning                 Delleney
Edge                   Erickson               Forrester

Printed Page 1825 . . . . . Tuesday, March 15, 2011

Frye                   Gambrell               Hamilton
Harrison               Hearn                  Henderson
Hixon                  Horne                  Huggins
Limehouse              Loftis                 Long
Lowe                   Lucas                  McCoy
Merrill                D. C. Moss             Murphy
Nanney                 Norman                 Owens
Patrick                Pinson                 Pitts
Pope                   Quinn                  Ryan
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Taylor
Thayer                 Toole                  Viers
White                  Whitmire               Willis
Young

Total--61

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Battle
Bowers                 Branham                Brannon
G. A. Brown            H. B. Brown            R. L. Brown
Butler Garrick         Clyburn                Cobb-Hunter
Cole                   Cooper                 Dillard
Funderburk             Gilliard               Govan
Hardwick               Hayes                  Hiott
Hodges                 Hosey                  Howard
Jefferson              King                   Knight
Mack                   McEachern              McLeod
Mitchell               V. S. Moss             Munnerlyn
J. H. Neal             J. M. Neal             Neilson
Ott                    Parker                 Parks
Rutherford             Sabb                   Sellers
Skelton                J. E. Smith            Stavrinakis
Tallon                 Tribble                Vick
Weeks                  Whipper                Williams

Total--54

So, the amendment was adopted.


Printed Page 1826 . . . . . Tuesday, March 15, 2011

The question then recurred to the adoption of the Section.

The yeas and nays were taken resulting as follows:

Yeas 79; Nays 39

Those who voted in the affirmative are:

Agnew                  Anthony                Atwater
Ballentine             Bannister              Barfield
Bedingfield            Bikas                  Bingham
Bowen                  Brady                  Brannon
Chumley                Clemmons               Cole
Cooper                 Corbin                 Crosby
Daning                 Delleney               Edge
Erickson               Forrester              Frye
Funderburk             Gambrell               Hamilton
Hardwick               Harrell                Harrison
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Horne
Huggins                Limehouse              Loftis
Long                   Lowe                   Lucas
McCoy                  Merrill                D. C. Moss
V. S. Moss             Murphy                 Nanney
J. H. Neal             Neilson                Norman
Owens                  Parker                 Patrick
Pinson                 Pitts                  Pope
Quinn                  Ryan                   Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Tribble                Viers
White                  Whitmire               Willis
Young

Total--79

Those who voted in the negative are:

Alexander              Allen                  Anderson
Bales                  Battle                 Bowers
Branham                G. A. Brown            H. B. Brown
R. L. Brown            Butler Garrick         Clyburn

Printed Page 1827 . . . . . Tuesday, March 15, 2011

Cobb-Hunter            Dillard                Gilliard
Govan                  Hayes                  Hodges
Hosey                  Howard                 Jefferson
King                   Knight                 Mack
McEachern              McLeod                 Mitchell
Munnerlyn              J. M. Neal             Ott
Parks                  Rutherford             Sabb
Sellers                J. E. Smith            Vick
Weeks                  Whipper                Williams

Total--39

Section 90, as amended, was adopted.

PART IB, SECTION 1--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. COOPER to reconsider the vote whereby Part IB, Section 1 was adopted was taken up and agreed to.

Rep. BINGHAM proposed the following Amendment No. 146 (Doc Name h:\legwork\house\amend\H-WM\007\SCHOOL BUILDING FUND FLEXIBILITY.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 342, line 30, by amending Amendment No. 32, (Doc Name h:\007\buildingfunds carryforward.docx) by striking the paragraph in its entirety and inserting: /(SDE: Building Fund Flexibility) For Fiscal Year 2011-12, a school district may flex funds appropriated pursuant to the School Building Aid Program./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 1, as amended, was adopted.

MOTION ADOPTED

Rep. COOPER moved to table all pending motions to reconsider, which was agreed to.


Printed Page 1828 . . . . . Tuesday, March 15, 2011

Rep. J. H. NEAL spoke against the Bill.
Rep. OTT spoke against the Bill.

The question then recurred to the passage of the Bill, as amended, on second reading.

The yeas and nays were taken resulting as follows:

Yeas 77; Nays 42

Those who voted in the affirmative are:

Anthony                Atwater                Ballentine
Bannister              Barfield               Bedingfield
Bikas                  Bingham                Bowen
Brady                  Brannon                Chumley
Clemmons               Cole                   Cooper
Corbin                 Crosby                 Daning
Delleney               Edge                   Erickson
Forrester              Frye                   Gambrell
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Horne                  Huggins                Limehouse
Loftis                 Long                   Lowe
Lucas                  McCoy                  McLeod
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 J. M. Neal
Neilson                Norman                 Owens
Parker                 Patrick                Pinson
Pitts                  Pope                   Quinn
Ryan                   Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble
Viers                  White                  Whitmire
Willis                 Young

Total--77

Those who voted in the negative are:


Printed Page 1829 . . . . . Tuesday, March 15, 2011

Agnew                  Alexander              Allen
Anderson               Bales                  Battle
Bowers                 Branham                G. A. Brown
H. B. Brown            R. L. Brown            Butler Garrick
Clyburn                Cobb-Hunter            Dillard
Funderburk             Gilliard               Govan
Hart                   Hayes                  Hodges
Hosey                  Howard                 Jefferson
King                   Knight                 Mack
McEachern              Mitchell               Munnerlyn
J. H. Neal             Ott                    Parks
Rutherford             Sabb                   Sellers
J. E. Smith            Stavrinakis            Vick
Weeks                  Whipper                Williams

Total--42

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

STATEMENT FOR THE JOURNAL

I voted against the State Appropriation Bill because I believe our State deserves a budget that is not balanced on the backs of hard-working South Carolinians who can least afford it. While we understand and acknowledge that these are challenging economic times, our failure to adequately fund public education, healthcare, arts education and other essentials do little to help move this State forward. South Carolina's citizens are still losing their jobs, their homes, their healthcare, and their ability to thrive under current and future economic conditions. When we fail to push for comprehensive tax reform that will spur economic growth and development to help put South Carolinians back to work, we have missed yet another opportunity. I could not, in good conscience, vote in favor of a budget that does little to move our State forward in a positive and meaningful way. Our citizens deserve better and we can certainly do better.

Rep. Mia Butler Garrick


Printed Page 1830 . . . . . Tuesday, March 15, 2011

H. 3700 - The General Appropriation Bill

STATEMENTS FOR HOUSE JOURNAL

ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21, 22, 26, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. Paul Agnew

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, Section 67
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an


Printed Page 1831 . . . . . Tuesday, March 15, 2011

individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. Terry Alexander

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21, 22, 26, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. Karl Allen

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA & Part IB, Section 6
The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. Rita Allison

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21, 22, 26, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:


Printed Page 1832 . . . . . Tuesday, March 15, 2011

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. Bruce Bannister

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21, 22, 26, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. N. Douglas Brannon

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, Sections 64, 65, 66, 68A, 71, and 79
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. Alan Clemmons

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Sections 22, 25, 26, 35, and 53
The reason for abstaining on the above referenced legislation is:


Printed Page 1833 . . . . . Tuesday, March 15, 2011

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. Gilda Cobb-Hunter

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21, 22, 26, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. J. Derham Cole

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, Section 18
The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. Joseph Daning

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:


Printed Page 1834 . . . . . Tuesday, March 15, 2011

Part IA, Part IB, and Part II, Sections 21, 22, 26, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. F. Greg Delleney

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, Section 18
The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. Mike Forrester

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section 72B
The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. Laurie Slade Funderburk

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:


Printed Page 1835 . . . . . Tuesday, March 15, 2011

Part IA, Part IB, Section 34C
The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. Michael W. Gambrell

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, Sections 52, 65, 71, and 81
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. James Harrison

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21, 22, 26, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. Christopher R. Hart

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:


Printed Page 1836 . . . . . Tuesday, March 15, 2011

Part IA, Part IB, and Part II, Sections 21, 22, 26, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. George Hearn

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21, 22, 26, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. Jenny Horne

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section 72
The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. John R. King

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment


Printed Page 1837 . . . . . Tuesday, March 15, 2011

because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21, 22, 26, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. Jay Lucas

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, Sections 17A and 22
The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. David J. Mack III

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 26, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or


Printed Page 1838 . . . . . Tuesday, March 15, 2011

commission by me or an individual or business with whom I am associated within the past year.
Rep. Peter M. McCoy, Jr.

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21, 22, 26, 46, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 72B, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. Elizabeth R. Munnerlyn

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21, 22, 26, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or


Printed Page 1839 . . . . . Tuesday, March 15, 2011

commission by me or an individual or business with whom I am associated within the past year.
Rep. Christopher Murphy

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section 72
The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. Anne Parks

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21, 22, 26, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. Thomas E. Pope

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21, 22, 26, 46, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:


Printed Page 1840 . . . . . Tuesday, March 15, 2011

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. Todd Rutherford

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21, 22, 26, 46, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. Ronnie A. Sabb

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Printed Page 1841 . . . . . Tuesday, March 15, 2011

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21, 22, 26, 40, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, 82 and 83
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. James E. Smith, Jr.

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21, 22, 26, 44, 47, 49, 51, 52, 54, 56, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. G. Murrell Smith

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA & Part IB, Section 22
The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).


Printed Page 1842 . . . . . Tuesday, March 15, 2011

STATEMENT FOR THE JOURNAL

I recuse myself from voting on the PRAM'S Section of DHEC's 2011-2012 Budget in H. 3700, because my son, Michael, manages the program.
In addition, I am stating my objection to the employee healthplan funding of abortions and request my objection be made a part of the record.

Rep. Garry R. Smith

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 22, 26, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. Leon Stavrinakis

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21, 22, 26, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. Thad Viers

**************************************


Printed Page 1843 . . . . . Tuesday, March 15, 2011

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 21, 22, 26, 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 71, 79, 80A, 80B, 80C (except Part IB Section 80C.2), 81, and 82
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. J. David Weeks

**************************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, and Part II, Sections 47, 49, 52, 54, 58, 59, 60, 61, 62, 64, 65, 66, 68A, 71, and 81
The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. Tom Young, Jr.

**************************************

H. 3701--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3701 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2010-2011.

Rep. MERRILL proposed the following Amendment No. 2 (Doc Name h:\legwork\house\amend\H-WM\001\CRF STATEWIDE ELECTIONS.DOCX), which was adopted:


Printed Page 1844 . . . . . Tuesday, March 15, 2011

Amend the joint resolution, as and if amended, Section 1, page 2, line 4, by striking: /2012 Primary Election/ and by inserting: /2012 Statewide Primary Election/
Renumber items and sections to conform.
Amend totals and titles to conform.

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

Reps. PITTS, COOPER, G. M. SMITH, SIMRILL, VICK and HOSEY proposed the following Amendment No. 6 (Doc Name h:\legwork\house\amend\H-WM\003\equipment 2.docx), which was adopted:
Amend the joint resolution, as and if amended, Section 1, page 3, lines 7-10, by striking: /item (24) USC Columbia Campus Center for Aviation, Innovation, and Research $5,000,000/
Amend further, by inserting on line 10 adding new items to read: / State Law Enforcement Division- LE equipment $1,000,000; Department of Public Safety- LE equipment- $1,000,000; Office of Attorney General- information technology $ 1,000,000; State Board for Technical and Comprehensive Education- training equipment $500,000; Department of Probation, Parole and Pardon Services- agent equipment $500,000; and Department of Natural Resources- LE equipment $1,000,000/
Renumber items and sections to conform.
Amend totals and titles to conform.

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

The question then recurred to the passage of the Joint Resolution, as amended.

The yeas and nays were taken resulting as follows:

Yeas 119; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield

Printed Page 1845 . . . . . Tuesday, March 15, 2011

Bikas                  Bingham                Bowen
Bowers                 Brady                  Branham
Brannon                G. A. Brown            H. B. Brown
R. L. Brown            Butler Garrick         Chumley
Clemmons               Clyburn                Cobb-Hunter
Cole                   Cooper                 Corbin
Crosby                 Daning                 Delleney
Dillard                Edge                   Erickson
Forrester              Frye                   Funderburk
Gambrell               Gilliard               Govan
Hamilton               Hardwick               Harrell
Harrison               Hart                   Hayes
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Horne                  Hosey                  Howard
Huggins                Jefferson              King
Knight                 Limehouse              Loftis
Long                   Lowe                   Lucas
Mack                   McCoy                  McEachern
McLeod                 Merrill                Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Nanney                 J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parker
Parks                  Patrick                Pinson
Pitts                  Pope                   Quinn
Rutherford             Ryan                   Sabb
Sandifer               Sellers                Simrill
Skelton                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Tribble                Vick
Viers                  Weeks                  Whipper
White                  Whitmire               Williams
Willis                 Young

Total--119


Printed Page 1846 . . . . . Tuesday, March 15, 2011

Those who voted in the negative are:

Total--0

So, the Joint Resolution, as amended, was read the second time and ordered to third reading.

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

ADJOURNMENT

At 7:57 p.m. the House, in accordance with the motion of Rep. BATTLE, adjourned in memory of Patricia Meyers Baker, mother of Legislative Aide Laurie Walden, to meet at 10:00 a.m. tomorrow.

***

This web page was last updated on Wednesday, November 23, 2011 at 1:42 P.M.