Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Proverbs 15:22: "Without counsel, plans go wrong, but with many advisers they succeed."
Let us pray. Gracious God, we begin this week needing Your guidance and direction. Provide these Representatives the wisdom, counsel, strength, courage, and integrity in dealing with the budget. Console them as they struggle with the needs of the people of this State. Be their continual source of wisdom, that they may make the correct decisions. Bless our leaders, national and state. 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 Friday, the SPEAKER ordered it confirmed.
Rep. PARKER moved that when the House adjourns, it adjourn in memory of Mr. James "Jimmy" Foster of Spartanburg, which was agreed to.
The House stood in silent prayer for the family of William Ralph Allison, father-in-law of Representative Allison.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3735 (Word version) -- Reps. Loftis, Chumley, Neilson, Hamilton, Sandifer, J. R. Smith, Whitmire and Thayer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 39 TO ENACT THE "SOUTH CAROLINA INCANDESCENT LIGHT BULB FREEDOM ACT" SO AS TO PROVIDE THAT INCANDESCENT LIGHT BULBS MANUFACTURED IN THIS STATE, WITHOUT SIGNIFICANT PARTS IMPORTED FROM ANOTHER STATE, AND OFFERED FOR SALE AND SOLD FOR USE ONLY IN THIS STATE ARE DEEMED ONLY TO BE IN THE STREAM OF INTRASTATE COMMERCE AND THEREFORE NOT SUBJECT TO FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE UNITED STATES CONSTITUTION.
Ordered for consideration tomorrow.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3921 (Word version) -- Rep. Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 25 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE UNCLAIMED CREMATED REMAINS OF A VETERAN MAY BE INTERRED WITHOUT LIABILITY TO THE FUNERAL DIRECTOR, UNDERTAKER, FUNERAL HOME, OR OTHERS INVOLVED IN THE INTERMENT.
Referred to Committee on Labor, Commerce and Industry
H. 3922 (Word version) -- Reps. Erickson, Patrick and Herbkersman: A BILL TO AMEND SECTION 14-23-1130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GOVERNING BODY OF EACH COUNTY PROVIDE THE JUDGE OF PROBATE WITH THE NECESSARY OFFICE EQUIPMENT, BOOKS, OFFICE SPACE, AND PERSONNEL FOR THE OPERATION OF THE COURT, SO AS TO PROVIDE THAT THESE JUDGES HAVE ABSOLUTE CONTROL OVER THESE MATTERS, INCLUDING USE OF BUDGETED FUNDS, EMPLOYEE CLASSIFICATIONS, COMPENSATION, AND PROMOTIONS.
Referred to Committee on Judiciary
H. 3923 (Word version) -- Rep. Parker: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO RENAME THE INMAN MILLS BAPTIST VOTING PRECINCT THE GREATER ST. JAMES VOTING PRECINCT AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. PARKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 20 (Word version) -- Senators Grooms, McConnell, Thomas, Alexander, Leatherman, Knotts, Bryant, Hayes, Rose, Verdin, S. Martin, Peeler, L. Martin, Fair, Ryberg, Cromer, Campsen, Davis, Shoopman, Rankin and Bright: A BILL TO AMEND CHAPTER 1, TITLE 23 OF THE 1976 CODE, BY ADDING SECTION 23-1-250 TO PROVIDE THAT WHERE A LAW ENFORCEMENT OFFICER HAS REASONABLE SUSPICION THAT A PERSON STOPPED, DETAINED, OR ARRESTED BY LAW ENFORCEMENT IS AN ALIEN UNLAWFULLY IN THE UNITED STATES, THE OFFICER OR HIS AGENCY MUST FOLLOW CERTAIN PROCEDURES TO VERIFY HIS IMMIGRATION STATUS; AND TO AMEND ARTICLE 5, CHAPTER 9, TITLE 16, BY ADDING SECTION 16-9-480 TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON UNLAWFULLY IN THE UNITED STATES TO SOLICIT OR ATTEMPT TO SOLICIT WORK, AND TO PROVIDE PROCEDURES FOR VERIFYING IMMIGRATION STATUS.
Referred to Committee on Judiciary
S. 109 (Word version) -- Senator Verdin: A BILL TO AMEND TITLE 44 OF THE 1976 CODE, RELATING TO HEALTH, BY ADDING CHAPTER 137, TO ENACT THE "REFLEX SYMPATHETIC DYSTROPHY SYNDROME EDUCATION ACT", TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH AN EDUCATIONAL PROGRAM CONCERNING THE SYNDROME, TO PROVIDE FOR THE CONTENTS OF A PUBLIC AWARENESS PROGRAM, TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WORK WITH HEALTH CARE PROVIDERS AND OTHER PROFESSIONALS CONCERNING THE SYNDROME, TO ALLOW FOR PRIVATE FUNDING OF THE PROGRAM, AND TO DEFINE NECESSARY TERMS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 220 (Word version) -- Senators Jackson and Ford: A BILL TO AMEND CHAPTER 1, TITLE 44 OF THE 1976 CODE, BY ADDING SECTION 44-1-149 TO PROHIBIT THE RESALE OF FOOD THAT HAS BEEN SERVED OR SOLD TO AND POSSESSED BY A CONSUMER.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Allison Anthony Atwater Bales Ballentine Bannister Battle Bedingfield Bikas Bingham Bowen Brady Branham R. L. Brown Chumley Clemmons Clyburn Cobb-Hunter Cole Cooper Crosby Daning Delleney Dillard Erickson Forrester Frye Funderburk Gambrell Gilliard Hamilton Hardwick Harrell Hayes Hearn Henderson Herbkersman Hiott Hixon Horne Hosey Huggins King Loftis Long Lowe McCoy McEachern McLeod Merrill Mitchell D. C. Moss Munnerlyn Nanney J. M. Neal Norman Ott Owens Parker Patrick Pitts Pope Ryan Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Toole Weeks White Whitmire Williams
I came in after the roll call and was present for the Session on Monday, March 14.
Liston Barfield Joe Jefferson Anne Parks Joseph Neal Leon Stavrinakis Chris Murphy James Lucas Denny Neilson Thomas R. Young, Jr. Bakari Sellers Jerry Govan Mia Butler Garrick Chris Hart Curtis Brantley K. F. Hodges Lewis E. Pinson Patsy Knight Tom Corbin Boyd Brown Todd Rutherford V. S. Moss Tracy Edge Carl Anderson Douglas "Doug" Brannon James Harrison Richard "Rick" Quinn Mark Willis David Mack Jackson "Seth" Whipper Terry Alexander Grady Brown Ted Vick H. B. "Chip" Limehouse David Tribble, Jr. Leon Howard Thad Viers
The SPEAKER granted Rep. UMPHLETT a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. CRAWFORD a leave of absence for the day.
The SPEAKER granted Rep. BOWERS a leave of absence for the day due to speaking engagements.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3449 (Word version)
Date: ADD:
03/14/11 SANDIFER
Bill Number: H. 3470 (Word version)
Date: ADD:
03/14/11 TOOLE
Bill Number: H. 3498 (Word version)
Date: ADD:
03/14/11 SANDIFER
Bill Number: H. 3617 (Word version)
Date: ADD:
03/14/11 TOOLE
Bill Number: H. 3355 (Word version)
Date: ADD:
03/14/11 QUINN
Bill Number: H. 3356 (Word version)
Date: ADD:
03/14/11 ATWATER and QUINN
Bill Number: H. 3359 (Word version)
Date: ADD:
03/14/11 ATWATER and QUINN
The following Bill was taken up:
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.
Rep. COOPER moved that while debating H. 3700 that he be allowed to note a motion daily to reconsider each section adopted, which was agreed to.
Section 2 was adopted.
Section 3 was adopted.
Section 4 was adopted.
Section 5 was adopted.
Section 8 was adopted.
Section 10 was adopted.
Section 11 was adopted.
Section 12 was adopted.
Section 13 was adopted.
Section 15B was adopted.
Section 15C was adopted.
Section 15D was adopted.
Section 15E was adopted.
Section 15G was adopted.
Section 15H was adopted.
Section 16 was adopted.
Section 17A was adopted.
Section 17B was adopted.
Section 25 was adopted.
Section 29 was adopted.
Section 31 was adopted.
Section 37 was adopted.
Section 41 was adopted.
Section 44 was adopted.
Section 48 was adopted.
Section 50 was adopted.
Section 51 was adopted.
Section 52 was adopted.
Section 53 was adopted.
Section 55 was adopted.
Section 57 was adopted.
Section 59 was adopted.
Section 60 was adopted.
Section 61 was adopted.
Section 63 was adopted.
Section 66 was adopted.
Section 70B was adopted.
Section 70C was adopted.
Section 70D was adopted.
Section 70E was adopted.
Section 71 was adopted.
Section 75 was adopted.
Section 76 was adopted.
Section 78 was adopted.
Section 83 was adopted.
Section 84 was adopted.
Section 87 was adopted.
Section 88 was adopted.
Section 2 was adopted.
Section 3 was adopted.
Section 4 was adopted.
Section 5 was adopted.
Section 6 was adopted.
Section 14 was adopted.
Section 15 was adopted.
Section 17 was adopted.
Section 25 was adopted.
Section 27 was adopted.
Section 28 was adopted.
Section 29 was adopted.
Section 32 was adopted.
Section 37 was adopted.
Section 38 was adopted.
Section 44 was adopted.
Section 47 was adopted.
Section 49 was adopted.
Section 50 was adopted.
Section 53 was adopted.
Section 58 was adopted.
Section 59 was adopted.
Section 62 was adopted.
Section 63 was adopted.
Section 66 was adopted.
Section 71 was adopted.
Section 73 was adopted.
Section 74 was adopted.
Section 75 was adopted.
Section 76 was adopted.
Section 78 was adopted.
Section 80C was adopted.
Section 82 was adopted.
Section 83 was adopted.
Section 84 was adopted.
Rep. BIKAS moved that the House recede until 2:00 p.m., which was agreed to.
At 2:00 p.m. the House resumed, Acting SPEAKER BIKAS in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. NEILSON a leave of absence for the remainder of the day to attend a funeral.
The SPEAKER granted Rep. WILLIAMS a leave of absence for the remainder of the day to attend a funeral.
Debate was resumed on the following Bill, the pending question being the consideration of Part 1A, Section 1:
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.
Rep. BINGHAM proposed the following Amendment No. 64 (Doc Name h:\legwork\house\amend\H-WM\007\EIA SURPLUS ALLOCATION.DOCX), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 5, line 15, opposite /Aid To Districts/ by increasing the amount(s) in Column 3 by:
Column 3 Column 4
20,192,625
Renumber sections to conform.
Amend totals and titles to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
Rep. BINGHAM proposed the following Amendment No. 24 (Doc Name h:\H-WM\007\CORRECTED APPROPRIATIONS IN EIA.DOCX), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 5, line 20, opposite /Alloc EIA- Arts Curricula/ by increasing the amount(s) in Column 3 by:
Column 3 Column 4
1,187,571
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 5, line 26, opposite /High Schools That Work/ by increasing the amount(s) in Column 3 by:
Column 3 Column 4
743,354
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 6, line 32, opposite /Awards/ by increasing the amount(s) in Column 3 by:
Column 3 Column 4
2,230,061
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 10, line 6, opposite /Centers of Excellence (H03)/ by decreasing the amount(s) in Column 3 by:
Column 3 Column 4
537,526
Renumber sections to conform.
Amend totals and titles to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
Rep. BINGHAM proposed the following Amendment No. 25 (Doc Name h:\legwork\house\amend\H-WM\007\YOUTH CHALLENGE ACADEMY.DOCX), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, immediately after line 19, by inserting a new line to read:
Column 3 Column 4
SC Youth Challenge Academy
1,000,000
Renumber sections to conform.
Amend totals and titles to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
Rep. BINGHAM proposed the following Amendment No. 26 (Doc Name h:\legwork\house\amend\H-WM\007\TRANSPORTATION FUNDS.DOCX), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, line 27, opposite /Other Operating Expenses/ by increasing the amount(s) in Column 3 by:
Column 3 Column 4
4,000,000
Renumber sections to conform.
Amend totals and titles to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
Rep. BINGHAM moved to adjourn debate on the Section, which was agreed to.
Section 6 was adopted.
Section 7 was adopted.
Section 9 was adopted.
Section 14 was adopted.
Section 15A was adopted.
Section 15F was adopted.
Section 18 was adopted.
Rep. BINGHAM explained the Section.
Section 19 was adopted.
Section 20 was adopted.
Rep. OTT moved to adjourn debate on the Section, which was agreed to.
Section 22 was adopted.
Rep. CROSBY proposed the following Amendment No. 11 (Doc Name h:\H-WM\004\dmh classified positions.docx), which was tabled:
Amend the bill, as and if amended, Section 23, DEPARTMENT OF MENTAL HEALTH, page 95, line 05, opposite /Classified Positions/ by increasing the amount(s) in Columns 3 and 4 by:
Column 3 Column 4
2,000,000 2,000,000
Renumber sections to conform.
Amend totals and titles to conform.
Rep. CROSBY explained the amendment.
Rep. WHITE moved to table the amendment, which was agreed to.
The question then recurred to the adoption of the Section.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Allison Anderson Anthony Atwater Bales Ballentine Barfield Bedingfield Bikas Bingham Bowen Brady Branham Brannon Brantley H. B. Brown R. L. Brown Butler Garrick Chumley Clemmons Cole Cooper Corbin Crosby Daning Delleney Dillard Edge Erickson Forrester Frye Funderburk Gambrell Gilliard Govan Hardwick Harrell Harrison Hart Hayes Hearn Henderson Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson King Knight 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 Norman Ott Owens Parker 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 Weeks White Whitmire Willis Young
Those who voted in the negative are:
Section 23 was adopted.
Rep. JEFFERSON proposed the following Amendment No. 3 (Doc Name h:\H-WM\006\TRI CITY OUTREACH.DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 24, DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, page 104, immediately after line 3, by inserting a new line to read:
Column 3 Column 4
Special Item:
Tri-City Outreach Support Group
25,000 25,000
Renumber sections to conform.
Amend totals and titles to conform.
Rep. JEFFERSON explained the amendment.
Rep. WHITE moved to table the amendment.
Rep. WHITE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Ballentine Bannister Barfield Battle Bedingfield Bikas Bingham Bowen Brady Brannon Chumley Clemmons Cole Cooper Corbin Delleney Edge Erickson Forrester Frye Gambrell Hardwick Harrell Harrison Hearn Henderson Herbkersman Hiott Hixon Horne Huggins 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 Stringer Tallon Taylor Thayer Toole White Whitmire Willis Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Branham Brantley 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 McLeod Mitchell Munnerlyn J. H. Neal J. M. Neal Ott Rutherford Sabb Sellers J. E. Smith Stavrinakis Weeks Whipper
So, the amendment was tabled.
The question then recurred to the adoption of the Section.
Section 24 was adopted.
Rep. BINGHAM moved to reconsider the vote whereby debate was adjourned on Section 1, which was agreed to.
Rep. BINGHAM, OTT and FUNDERBURK proposed the following Amendment No. 78 (Doc Name h:\legwork\house\amend\H-WM\007\STUDENT HEALTH AND FITNESS.DOCX), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 5, line 15, opposite /Aid to Districts/ by decreasing the amount(s) in Column 3 by:
Column 3 Column 4
4,000,000
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 5, immediately after line 15, by inserting a new line to read:
Column 3 Column 4
Student Health and Fitness Act - Nurses
4,000,000
Renumber sections to conform.
Amend totals and titles to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
The question then recurred to the adoption of the Section, as amended.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Battle Bedingfield Bikas Bingham Bowen Brady Branham Brannon Brantley 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 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 Norman Ott Owens Parker 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 Weeks Whipper White Whitmire Willis Young
Those who voted in the negative are:
Section 1, as amended, was adopted.
Section 26 was adopted.
Section 27 was adopted.
Section 28 was adopted.
Section 30 was adopted.
Section 32 was adopted.
Section 33 was adopted.
Section 34 was adopted.
The question then recurred to the adoption of Section 35.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Allison Anderson Anthony Atwater Ballentine Bannister Barfield Bedingfield Bikas Bingham Bowen Brady Branham Brannon Brantley G. A. Brown H. B. Brown Butler Garrick Clemmons Clyburn Cole Cooper Crosby Daning Delleney Dillard Edge Erickson Forrester Frye Funderburk Gambrell Gilliard Govan Hamilton Hardwick Harrell Harrison Hayes Hearn Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Huggins Jefferson King Long Lowe Lucas Mack McCoy McEachern McLeod Merrill Mitchell D. C. Moss Munnerlyn Murphy Nanney J. H. Neal J. M. Neal Owens Parker Parks Patrick Pinson Pitts Pope Quinn Rutherford Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Thayer Toole Weeks White Whitmire Willis Young
Those who voted in the negative are:
Chumley Corbin Loftis Norman Ryan Taylor
Section 35 was adopted.
Section 36 was adopted.
Section 38 was adopted.
Section 39 was adopted.
Section 40 was adopted.
Section 42 was adopted.
Section 43 was adopted.
Section 45 was adopted.
The question then recurred to the adoption of Section 46.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Battle Bedingfield Bikas Bingham Bowen Brady Brannon Brantley G. A. Brown H. B. 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 Hayes Hearn Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Huggins Jefferson King Knight Loftis Long Lowe Lucas Mack McCoy McEachern McLeod Merrill Mitchell D. C. Moss V. S. Moss Murphy Nanney J. M. Neal Ott Owens Parker Patrick Pinson Pitts Pope Quinn Rutherford Ryan Sabb Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks White Whitmire Willis Young
Those who voted in the negative are:
Section 46 was adopted.
Section 47 was adopted.
Section 49 was adopted.
Section 54 was adopted.
Section 56 was adopted.
Section 58 was adopted.
Section 62 was adopted.
Section 64 was adopted.
Section 65 was adopted.
Section 67 was adopted.
Section 68A was adopted.
Section 68B was adopted.
Section 68C was adopted.
Section 68D was adopted.
Section 70A was adopted.
Rep. OTT moved to adjourn debate on the Section, which was not agreed to by a division vote of 22 to 48.
Rep. BINGHAM explained the Section.
Section 70F was adopted.
Rep. MERRILL explained the Section.
Rep. KING moved to adjourn debate on the Section.
Rep. MERRILL moved to table the motion.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Anthony Atwater Ballentine Bannister Barfield Battle Bedingfield Bikas Bingham Bowen Brady Brannon Brantley H. B. Brown Chumley Clemmons Cole Cooper Corbin Crosby Daning Delleney Edge Erickson Forrester Frye Gambrell Hamilton Hardwick Harrell Hearn Henderson Herbkersman Hiott Hixon Horne Huggins Knight Limehouse Loftis Long Lowe Lucas McCoy 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. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Tribble White Whitmire Willis Young
Those who voted in the negative are:
Allen Butler Garrick Gilliard Jefferson King Mack McLeod Mitchell Munnerlyn J. H. Neal Parks Rutherford Sabb Sellers J. E. Smith Weeks Whipper
So, the motion to adjourn debate was tabled.
The question then recurred to the adoption of the Section.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Anthony Atwater Bales Ballentine Bannister Battle Bedingfield Bikas Bingham Bowen Brady Branham Brannon Brantley Chumley Clemmons Clyburn Cole Cooper Corbin Crosby Daning Delleney Dillard Edge Erickson Forrester Frye Funderburk Gambrell Gilliard Govan Hamilton Hardwick Harrell Harrison Hayes 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 Pope Quinn Ryan Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Weeks White Whitmire Willis Young
Those who voted in the negative are:
Jefferson King Mack Rutherford Sabb J. E. Smith
Section 72A was adopted.
The question then recurred to the adoption of the Section.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Battle Bedingfield Bikas Bingham Bowen Brady Branham Brannon Brantley G. A. Brown H. B. Brown R. L. Brown Chumley Clemmons Clyburn Cobb-Hunter Cole Cooper Corbin Daning Delleney Edge Erickson Forrester Frye Gambrell Govan Hamilton Harrell Harrison Hayes Hearn 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 Patrick Pinson Pitts Pope Quinn Ryan 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 Weeks White Whitmire Willis Young
Those who voted in the negative are:
Butler Garrick Gilliard Jefferson King Mack Mitchell Rutherford Sabb
Section 72B was adopted.
Section 72C was adopted.
Rep. GOVAN proposed the following Amendment No. 82 (Doc Name h:\H-WM\008\NURSING HOME OVERSIGHT.DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 73, LIEUTENANT GOVERNOR'S OFFICE, page 264, immediately after line 30, by inserting a new line to read:
Column 3 Column 4
Nursing Home Oversight
385,000 385,000
Renumber sections to conform.
Amend totals and titles to conform.
Rep. GOVAN explained the amendment.
Rep. MERRILL moved to table the amendment.
Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Anthony Atwater Ballentine Bannister Barfield Battle Bedingfield Bikas Bingham Bowen Brady Chumley Clemmons Cole Cooper Corbin Crosby Daning Delleney Edge Erickson Forrester Frye Gambrell Hardwick Harrell Harrison Hearn Henderson Herbkersman Hiott Hixon Horne Huggins Jefferson 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 Stringer Tallon Taylor Thayer Toole Tribble White Whitmire Willis Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Bales Branham Brannon G. A. Brown Butler Garrick Clyburn Cobb-Hunter Dillard Funderburk Gilliard Govan Hodges Hosey Howard King Knight Mack McEachern McLeod Mitchell Munnerlyn J. H. Neal J. M. Neal Ott Parks Rutherford Sabb Sellers J. E. Smith Weeks
So, the amendment was tabled.
The question then recurred to the adoption of the Section.
Section 73 was adopted.
The SPEAKER granted Rep. GOVAN a leave of absence for the remainder of the day due to family reasons.
Section 74 was adopted.
Section 77 was adopted.
Rep. MERRILL explained the Section.
The question then recurred to the adoption of the Section.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Ballentine Barfield Bedingfield Bikas Bingham Bowen Brady Brannon Chumley Clemmons Cooper Corbin Crosby Daning Edge Erickson Forrester Frye Gambrell Hamilton Hardwick Harrell Harrison Henderson Herbkersman Hiott Hixon Huggins Limehouse Loftis Long Lowe Merrill D. C. Moss V. S. Moss Nanney Norman Owens Parker Patrick Pinson Pitts Quinn Ryan Sandifer Simrill Skelton G. R. Smith J. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Toole Tribble White Whitmire Willis Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Battle Branham Brantley G. A. Brown H. B. Brown R. L. Brown Butler Garrick Clyburn Dillard Funderburk Gilliard Hayes Hodges Hosey Jefferson King Knight Mack McEachern McLeod Mitchell Munnerlyn J. H. Neal J. M. Neal Ott Parks Rutherford Sabb Sellers Stavrinakis Vick
Section 79 was adopted.
The question then recurred to the adoption of the Section.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Allison Anderson Anthony Atwater Bales Ballentine Barfield Battle Bedingfield Bikas Bingham Bowen Brady Branham Brantley G. A. Brown Butler Garrick Chumley Clemmons Clyburn Cobb-Hunter Cooper Corbin Crosby Daning Dillard Edge Erickson Forrester Frye Funderburk Gambrell Gilliard Hamilton Hardwick Harrell Harrison Hayes Henderson Herbkersman Hiott Hixon Hodges Hosey Huggins Jefferson Limehouse Long McEachern McLeod Merrill D. C. Moss Munnerlyn Nanney J. H. Neal J. M. Neal Norman Owens Parks Patrick Pinson Pitts Quinn Ryan Sandifer Simrill Skelton G. R. Smith J. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Toole Tribble Vick White Whitmire Willis Young
Those who voted in the negative are:
Rutherford Sabb Sellers Stavrinakis
Section 80A was adopted.
Rep. COOPER explained the Section.
Section 80B was adopted.
Section 80C was adopted.
Section 80D was adopted.
Rep. OTT spoke upon the Section.
Rep. COOPER spoke in favor of the Section.
Rep. OTT spoke upon the Section.
The question then recurred to the adoption of the Section.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Allison Anderson Anthony Atwater Ballentine Barfield Battle Bedingfield Bikas Bingham Bowen Brady Branham Brantley H. B. Brown Butler Garrick Chumley Clemmons Clyburn Cobb-Hunter Cooper Corbin Crosby Daning Dillard Edge Erickson Forrester Frye Funderburk Gilliard Hamilton Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Hosey Huggins Jefferson King Knight Limehouse Loftis Long Lowe Mack McEachern McLeod Merrill Mitchell D. C. Moss V. S. Moss Nanney J. H. Neal J. M. Neal Norman Ott Owens Parker Parks Patrick Pinson Pitts Rutherford Ryan Sandifer Sellers Simrill Skelton G. R. Smith J. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Toole Tribble Vick White Whitmire Willis
Those who voted in the negative are:
Gambrell
Section 81 was adopted.
Section 82 was adopted.
Section 86 was adopted.
Section 86A was adopted.
Section 21 was adopted.
Rep. BINGHAM proposed the following Amendment No. 27 (Doc Name h:\H-WM\007\PROVISO 1.3 UPDATE.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 315, paragraph 1.3, line 18, by striking /1,617/ and inserting /1,788/
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 315, paragraph 1.3, line 19, by striking /694,850/ and inserting /690,111/
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 315, paragraph 1.3, line 19, by striking /4,778/ and inserting /4,834/
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 315, paragraph 1.3, line 19, by striking /1,206/ and inserting /1,215/
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 315, paragraph 1.3, line 20, by striking /5,666/ and inserting /5,705/
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 315, paragraph 1.3, line 20, by striking /11,651/ and inserting /11,754/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
Reps. ALLISON and BINGHAM proposed the following Amendment No. 9 (Doc Name h:\legwork\house\amend\H-WM\007\DEREGULATION.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 342, paragraph 1.86, line 3, by inserting after staff:
/, except that teachers in core subject areas as defined by ESEA must be highly qualified, which requires state certification /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. ALLISON explained the amendment.
The amendment was then adopted.
Rep. GAMBRELL proposed the following Amendment No. 16 (Doc Name h:\legwork\house\amend\H-WM\007\HSTW.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 342, paragraph 1.92, line 26, by striking:/ High Schools That Work /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. GAMBRELL explained the amendment.
The amendment was then adopted.
Reps. ALLISON and FORRESTER proposed the following Amendment No. 10 (Doc Name h:\legwork\house\amend\H-WM\007\EEDA REGIONAL EDUCATION CENTERS.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 342, after line 30, by adding an appropriately numbered paragraph to read:
/ (SDE: EEDA Regional Education Centers) Funds appropriated from the EEDA for Regional Education Centers must not be less than $108,500. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. FORRESTER explained the amendment.
The amendment was then adopted.
Rep. HAYES proposed the following Amendment No. 32 (Doc Name h:\legwork\house\amend\H-WM\007\BUILDING FUNDS CARRYFORWARD.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 342, after line 30, by adding an appropriately numbered paragraph to read:
/(SDE:District Building Fund Carryforward) A school district may carryforward any unexpended school building funds appropriated pursuant to the School Building Aid Program until June 30,2012./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HAYES explained the amendment.
The amendment was then adopted.
Section 1, as amended, was adopted.
Rep. BINGHAM proposed the following Amendment No. 28 (Doc Name h:\H-WM\007\TECHNICAL ASSISTANCE.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 348, paragraph 1A.20, line 18, by striking after outlining: /how technical assistance allocations will be utilized/
Amend the bill further, as and if amended, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 348, paragraph 1A.20, line 18, by striking after improvements: /will be obtained/
Amend the bill further, as and if amended, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 348, paragraph 1A.20, line 19, by striking /Each/ and inserting:
/Of the technical assistance funds allocated to below average or at-risk schools each /
Amend the bill further, as and if amended, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 348, paragraph 1A.20, line 22, by inserting after expenditures:
/of technical assistance /
Amend the bill further, as and if amended, Section 1A, DEPARTMENT OF EDUCATION - EIA, paragraph 1A.20, page 348, lines 35-36 and page 349, lines 1-2, by striking the lines in their entirety.
Amend the bill further, as and if amended, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 349, paragraph 1A.20, line 5, by striking /$13,000,000/ and inserting /$6,000,000/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
Rep. GAMBRELL proposed the following Amendment No. 17 (Doc Name h:\legwork\house\amend\H-WM\007\HIGH SCHOOLS THAT WORK EIA.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 352, paragraph 1A.31, line 36, by striking: /High Schools That Work/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. GAMBRELL explained the amendment.
The amendment was then adopted.
Reps. BINGHAM, HARRISON and STAVRINAKIS proposed the following Amendment No. 89 (Doc Name h:\legwork\house\amend\H-WM\007\ARTS CURRICULA GRANTS.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 352, paragraph 1A.31, line 36, by striking: /Arts Curricula Instruction/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
Rep. ANTHONY proposed the following Amendment No. 65 (Doc Name h:\legwork\house\amend\H-WM\007\CLOSING NATIONAL BOARD.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 355, paragraph 1A.43, line 28, by striking /complete/ and inserting /begin/
Amend the bill further, as and if amended, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 355, paragraph 1A.43, line 28, by striking /on or after July 1, 2010/ and inserting /before July 1, 2011/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. ANTHONY explained the amendment.
Rep. BINGHAM spoke against the amendment.
Rep. BINGHAM moved to table the amendment.
Rep. ANTHONY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allison Atwater Bales Ballentine Bannister Battle Bingham Bowen Brady Brannon H. B. Brown Chumley Cole Cooper Crosby Daning Delleney Dillard Forrester Funderburk Gambrell Hardwick Harrell Harrison Hayes Henderson Hiott Hixon Horne Huggins Jefferson Limehouse Long Lowe Lucas McEachern McLeod Merrill Mitchell Munnerlyn Murphy J. H. Neal J. M. Neal Ott Parker Patrick Pinson Pitts Pope Quinn Rutherford Sabb Sellers Simrill Skelton J. E. Smith J. R. Smith Sottile Spires Stavrinakis Tallon Toole Tribble Vick Whipper Whitmire
Those who voted in the negative are:
Allen Anderson Anthony Barfield Bedingfield Bikas Brantley R. L. Brown Clemmons Clyburn Corbin Frye Gilliard Hamilton Herbkersman Hodges Hosey Knight Loftis Mack McCoy D. C. Moss V. S. Moss Nanney Norman Owens Parks Ryan G. M. Smith G. R. Smith Stringer Taylor Thayer Weeks White Willis Young
So, the amendment was tabled.
Rep. BINGHAM proposed the following Amendment No. 29 (Doc Name h:\H-WM\007\FUEL CARRYFORWARD.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 362, paragraph 1A.49, line 18, by inserting after year:
/and FY 2011-12 /
Amend the bill further, as and if amended, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 362, paragraph 1A.49, line 19, by striking /distributed to school districts based on the number of weighted pupil units./ and inserting /carried forward and expended for school bus fuel costs. Any unexpended funds must be carried forward and expended for the same purpose./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
Rep. BINGHAM proposed the following Amendment No. 30 (Doc Name h:\H-WM\007\MOE REQUIREMENTS.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 363, after line 8, by adding an appropriately numbered paragraph to read:
/(SDE:EIA - IDEA Maintenance of Effort) Prior to the dispersal of funds apprpriated in Section XI.A.1 Aid to Districts according to proviso 1A.48 for fiscal year 2011-12 the department shall direct $45,481,854 of the funds appropriated in Section XI.A.1 Aid To Districts to school districts and special schools for support of programs and services for students with disabilities, to meet the estimated maintenance of effort for IDEA. The Department shall distribute these funds using the current fiscal year 135-day Average Daily Membership. For continued compliance with the federal maintenance of efforts requirements of the IDEA, funding for children with disabilities must, to the extent practicable, be held harmless to budget cuts or reductions to the extent those funds are required to meet federal maintenance of effort requirements under the IDEA. In the event cuts to funds that are needed to maintain fiscal effort are necessary, when administering such cuts, the Department must not reduce funding to support children with disabilities who qualify for services under the IDEA in a manner that is disproportionate to the level of overall reduction to state programs in general. By December 1, 2011 the Department must submit an estimate of the IDEA MOE requirement to the General Assembly and the Governor./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
Section 1A, as amended, was adopted.
The motion of Rep. BINGHAM to reconsider the vote whereby Section 1, as amended, was adopted was taken up and agreed to.
Reps. BINGHAM and NORMAN proposed the following Amendment No. 99 (Doc Name h:\legwork\house\amend\H-WM\007\EEDA ALLOCATION.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 342, after line 30, by adding an appropriately numbered paragraph to read:
/ (SDE: EEDA Allocation) For Fiscal Year 2011-12 funds appropriated in Part IA, Section 1, Program IV Education and Economic Dev, if not otherwise allocated in this act, shall be allocated to districts based on Average Daily Membership. Prior to this allocation the department will fund the Regional Education Centers./
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.
Section 9 was adopted.
Section 18 was adopted.
Section 19 was adopted.
Section 20 was adopted.
Rep. HERBKERSMAN proposed the following Amendment No. 75 (Doc Name h:\legwork\house\amend\H-WM\004\CAPPING IN-HOME HEALTH.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 387, paragraph 21.46, line 7, by striking /must be/ and line 8 by striking /converted/ and inserting /will be converted if feasible/
Amend the bill further, as and if amended, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 387, paragraph 21.46, line 12, by inserting after program.:
/The Department shall not expend more than $3,000,000 on this program in fiscal year 2011-2012. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HERBKERSMAN explained the amendment.
The amendment was then adopted.
Rep. SELLERS proposed the following Amendment No. 67 (Doc Name h:\H-WM\004\DEFICIT HOSPITALS.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 387, after line 17, by adding an appropriately numbered paragraph to read:
/ (DHHS: Deficit Hospitals) For the Fiscal Year 2011-2012, the director of the State Medicaid Program shall not reduce provider rates to Hospitals that are operating in a deficit./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. SELLERS explained the amendment.
Rep. WHITE moved to table the amendment.
Rep. SELLERS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Ballentine Bannister Barfield Bedingfield Bikas Bingham Bowen Brady Brannon Chumley Clemmons Cole Cooper Corbin Crosby Daning Delleney Edge Erickson Forrester Frye Gambrell 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 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 Viers White Whitmire Willis Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Battle Branham H. B. Brown R. L. Brown Butler Garrick Clyburn Cobb-Hunter Dillard Funderburk Gilliard Hart Hayes Hodges Hosey Howard Jefferson King Knight Mack McEachern McLeod Mitchell Munnerlyn J. H. Neal J. M. Neal Ott Parks Rutherford Sabb Sellers J. E. Smith Stavrinakis Vick Weeks
So, the amendment was tabled.
Reps. OTT, COBB-HUNTER and SELLERS proposed the following Amendment No. 83 (Doc Name h:\H-WM\001\21 rural provider rates half.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 387, after line 17, by adding an appropriately numbered paragraph to read:
/(DHHS: Rural Hospitals and Physicians Provider Rates) In the event the Department of Health and Human Services reduces provider rates from their current levels, the reduction in provider rates for rural hospitals and physicians serving rural areas of this state shall be one-half the reduction assessed./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. OTT explained the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. WHITE moved to table the amendment.
Rep. OTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Ballentine Bannister Barfield Bedingfield Bikas Bingham Bowen Brady Chumley Clemmons Cole Cooper Corbin Edge Erickson Forrester Gambrell Hamilton Harrell Harrison Hearn Henderson Hixon Horne Limehouse Loftis Long McCoy McEachern Merrill D. C. Moss V. S. Moss Murphy Nanney Norman Owens Patrick Pitts Pope Quinn Ryan Sandifer Simrill G. M. Smith G. R. Smith J. R. Smith Sottile Stringer Tallon Taylor Thayer Toole Viers White Whitmire Willis Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Battle Branham Brannon H. B. Brown R. L. Brown Butler Garrick Clyburn Cobb-Hunter Daning Delleney Dillard Frye Funderburk Gilliard Hardwick Hart Hayes Hiott Hodges Hosey Howard Jefferson King Knight Lowe Lucas Mack McLeod Mitchell Munnerlyn J. H. Neal J. M. Neal Ott Parker Parks Pinson Rutherford Sabb Sellers Skelton J. E. Smith Spires Stavrinakis Tribble Vick Weeks Whipper
So, the amendment was tabled.
Reps. OTT, COBB-HUNTER and SELLERS proposed the following Amendment No. 84 (Doc Name h:\legwork\house\amend\H-WM\001\21 rural provider rates 3%.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 387, after line 17, by adding an appropriately numbered paragraph to read:
/(DHHS: Rural Hospitals and Physicians Provider Rates) In the event the Department of Health and Human Services reduces provider rates from their current levels, the reduction in provider rates for rural hospitals and physicians serving rural areas of this state shall not be more than three percent./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. OTT explained the amendment.
Rep. SELLERS spoke in favor of the amendment.
Rep. SELLERS spoke in favor of the amendment.
Rep. WHITE spoke against the amendment.
Rep. BINGHAM spoke against the amendment.
Rep. BRANHAM spoke in favor of the amendment.
Rep. WHITE moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Ballentine Bannister 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 Hixon Horne 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 G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Toole Viers White Whitmire Willis Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Battle Branham H. B. Brown R. L. Brown Butler Garrick Clyburn Cobb-Hunter Dillard Funderburk Gilliard Hayes Hiott Hodges Hosey Howard Jefferson King Knight Mack McEachern McLeod Mitchell Munnerlyn J. H. Neal J. M. Neal Ott Parks Sabb Sellers Skelton J. E. Smith Stavrinakis Tribble Vick Weeks Whipper
So, the amendment was tabled.
Reps. WHITE and COBB-HUNTER proposed the following Amendment No. 98 (Doc Name h:\legwork\house\amend\H-WM\004\DHHS ACCOUNTABILITY REPORTING.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 387, after line 17, by adding an appropriately numbered paragraph to read:
/ (DHHS:Medicaid Reporting) Within 90 days of the end of each quarter in FY 2011-2012, the department shall report each cost-savings measure implemented. By county, the department shall report the number of enrolled and active providers by provider type, provider specialty and sub-specialty, the number of recipients, the number of recipients by provider type, the expenditures by provider type and specialty, and service level utilization trends. The department shall continue to annually report HEDIS measures, noting where measures improve or decline. Each report shall be submitted to Chairman of the Senate Finance Committee, the Chairman of the Ways and Means Committee, and be transparent on the department's website./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
Reps. J. E. SMITH and COBB-HUNTER proposed the following Amendment No. 101 (Doc Name H:\NBD\11474AC11.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 387, after line 17, by inserting:
/21. (DHHS Medicaid Expansion Fund) Notwithstanding the provisions of Section 12-23-810(C), for fiscal year 2011-2012 the amount of the hospital tax generated, collected, and deposited pursuant to Article 11, Chapter 23, Title 12 must be increased by forty million dollars and expended as provided for in Section 44-6-155. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. J. E. SMITH explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. WHITE moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atwater Ballentine Bannister Barfield Bedingfield Bikas Bingham Bowen Brady Chumley Clemmons Cole Cooper Corbin Crosby Daning Delleney Edge Erickson Forrester Frye Gambrell Hamilton Hardwick Harrell Harrison Hearn Henderson Herbkersman Hiott Hixon Horne 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 Stringer Tallon Taylor Thayer Toole Viers White Whitmire Willis Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Bales Battle Branham Brannon H. B. Brown R. L. Brown Butler Garrick Clyburn Cobb-Hunter Dillard Funderburk Gilliard Hayes Hodges Hosey Howard Jefferson Knight Mack McEachern McLeod Mitchell Munnerlyn J. H. Neal J. M. Neal Ott Rutherford Sabb Sellers J. E. Smith Stavrinakis Tribble Vick Weeks Whipper
So, the amendment was tabled.
Rep. ATWATER proposed the following Amendment No. 104 (Doc Name H:\COUNCIL\NBD\11476DG11.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 385, line 24, by striking paragraph 21.46 in its entirety and inserting:
/21.46. (DHHS: In-Home Health Care Systems for Medicaid Recipients) The Department of Health and Human Services, during Fiscal Year 2011-12, within the funds appropriated or made available by the General Assembly or within federal Medicaid funds made available for this purpose, but not to exceed three million dollars in the aggregate, upon application by the department, shall pilot test an in-home health care system in a minimum of five counties of this State with the highest incidence of emergency room use during Fiscal Year 2009-10 by Medicaid recipients. The pilot test must include a statistically valid sample of Medicaid patients within the counties as determined by the Director of the Deapartment of Health and Human Services. This program shall provide a state-of-the-art in-home health care system which provides around the clock access to medical assessment care and additionally provides an emergency response function that gives a Medicaid recipient the ability to contact a local emergency response center.
The purpose of the program is to reduce the amount of emergency room visits in nonemergency cases and to reduce the amount of visits to other medical care facilities in order to save on the cost of providing this care and in order to provide better health care.
The in-home health care system option must consist of three main components:
(1) the medical console and wireless transmitter;
(2) the medical triage center; and
(3) the emergency response call center.
The medical console and wireless transmitter must have the following capabilities:
(1) the medical console must be capable of communication between two separate call centers, one of which is a monitoring facility to provide certified medical triage care twenty-four hours a day and the other of which is a monitoring facility to provide emergency response services twenty-four hours a day.
(2) the wireless transmitter for the medical console must have two buttons, one for transmitting a signal to the console to contact the emergency response monitoring facility, and the second button also must send a wireless signal to the console to trigger contact with the medical triage center.
(3) the medical console must be able to send a report/event code to the emergency response call center after a medical triage center call has been placed.
(4) an emergency button on the medical console must include Braille for the sight impaired.
The medical triage center must have or be:
(1) open twenty-four hours a day, three hundred sixty-five days a year;
(2) a call center must be located in the United States;
(3) Utilization Review Accreditation Commission (URAC) accredited;
(4) on call availability of a South Carolina licensed physician, twenty-four hours, seven days a week for guidance or review of clinical calls as needed;
(5) registered nurses with a minimum of ten years experience available to answer all calls;
(6) all calls digitally recorded and archived, and a triage report prepared and sent;
(7) daily monitoring of communications with the call center;
(8) fully HIPAA compliant;
(9) bilingual staff in English and Spanish;
(10) a mechanism that ensures that a caller will never receive a busy signal or voice mail when accessing the nurse advice line;
(11) clinical staff able to serve pediatric, adolescent, adult, and senior populations, as well as health care expertise in a variety of clinical areas such as emergency room, pediatrics, critical care, oncology, cardiology, pulmonary, geriatrics, obstetrics/gynecology and general medicine; and
(12) the infrastructure in place to allow the telephone network to digitally communicate with the medical console for incoming call connection, call disconnect, and client file access.
The emergency response call center must:
(1) be open twenty-four hours a day, three hundred sixty-five days a year;
(2) be located in South Carolina;
(3) maintain a digital receiver capable of processing two-way voice audio using multiple formats.
Facilities, emergency response and the medical triage center, shall offer all recipients selected by the department unlimited use of services provided by the emergency monitoring and medical triage facilities at no additional cost burden to the State.
The pilot-testing program must be conducted for the current fiscal year. The department in developing and administering this program is authorized to take such actions as may be required, including making requests for Medicaid waivers when necessary.
The department, in implementing this program on a pilot-testing basis, also is authorized to contract with a third-party provider or vendor to furnish and operate the program or a physician's office that provides a similar patient service. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. ATWATER explained the amendment.
Rep. HERBKERSMAN spoke in favor of 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:
Those who voted in the affirmative are:
Atwater Bales Ballentine Barfield Battle Bikas Bingham Bowen Brady Brannon H. B. Brown Chumley Clemmons Cole Cooper Corbin Crosby Daning Delleney Edge Erickson Forrester Frye Gambrell Hamilton Hardwick Harrell Harrison Hearn Henderson Herbkersman Hiott Hixon Limehouse Loftis Long Lowe Lucas McCoy Merrill D. C. Moss V. S. Moss Nanney Norman Owens Parker Patrick Pinson Pitts Pope Quinn Ryan Sandifer Simrill Skelton G. R. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Tribble Viers White Whitmire Willis Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Anthony Branham R. L. Brown Butler Garrick Clyburn Cobb-Hunter Dillard Funderburk Gilliard Hayes Hodges Hosey Howard Jefferson Knight Mack McEachern McLeod Mitchell Munnerlyn J. H. Neal J. M. Neal Ott Rutherford Sabb Sellers Vick Weeks
Section 21, as amended, was adopted.
Rep. MURPHY moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by the House adjourning.
Rep. COOPER moved to reconsider the vote whereby Part IA, Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 12, 13, 14, 15A, 15B, 15C, 15D, 15E, 15F, 15G, 15H, 16, 17A, 17B, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68A, 68B, 68C, 68D, 70A, 70B, 70C, 70D, 70E, 70F, 71, 72A, 72B, 72C, 73, 74, 75, 76, 77, 78, 79, 80A, 80B, 80C, 80D, 81, 82, 83, 84, 86, 86A, 87 and 88; Part 1B, Sections 1, 1A, 2, 3, 4, 5, 6, 9, 14, 15, 17, 18, 19, 20, 21, 25, 27, 28, 29, 32, 37, 38, 44, 47, 49, 50, 53, 58, 59, 62, 63, 66, 71, 73, 74, 75, 76, 78, 80C, 82, 83 and 84 were adopted and the motion was noted.
Rep. COOPER moved that when the House adjourns today that it adjourns to meet at 9:30 a.m. tomorrow, which was agreed to.
Rep. COOPER gave notice of offering amendments on third reading, if necessary, pursuant to House Rule 9.2.
At 7:32 p.m. the House, in accordance with the motion of Rep. PARKER, adjourned in memory of Mr. James "Jimmy" Foster of Spartanburg, to meet at 9:30 a.m. tomorrow.
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