Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Isaiah 51:4: "Listen to me, my people, and give heed to me, my nation."
Let us pray. Lord, bless the work and the deeds of these Representatives and help them do their best today. Supply them with wisdom and send them home with the knowledge they have accomplished the people's work. Bless our Nation, President, State, Governor, Speaker, staff and all who work in support of these men and women. Protect our defenders of freedom as they protect us. Heal the wounds of our brave warriors, those seen and those hidden. Hear us, O Lord. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

Rep. WILLIAMS moved that when the House adjourns, it adjourn in memory of Terry Wilds Robinson of Darlington, which was agreed to.

Rep. TOOLE, from the Lexington Delegation, submitted a favorable report on:

S. 584 (Word version) -- Senators Knotts, Setzler, Courson, Cromer and Leatherman: A BILL TO EXTEND THE ONE CENT SALES TAX IMPOSED BY ACT 378 OF 2004, THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT, FOR AN ADDITIONAL SEVEN YEARS.
Ordered for consideration tomorrow.

The following was introduced:

H. 3995 (Word version) -- Rep. Barfield: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND GARY GILMORE, COASTAL CAROLINA UNIVERSITY HEAD BASEBALL COACH, ON BEING RECOGNIZED AS ONE OF THE BEST NON-BCS CONFERENCE BASEBALL COACHES IN AMERICA.

The Resolution was adopted.

The following was introduced:

H. 3996 (Word version) -- Reps. Murphy, Horne, Knight and Harrell: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR SUMMERVILLE HIGH SCHOOL WRESTLER AARON HANSEN ON CAPTURING THE 2011 CLASS AAAA STATE INDIVIDUAL CHAMPIONSHIP TITLE (125-POUND WEIGHT) AND ON BECOMING ONLY THE SECOND CLASS AAAA WRESTLER TO WIN FOUR STATE TITLES.

The Resolution was adopted.

The following was introduced:

H. 3997 (Word version) -- Reps. Tribble and Pitts: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE CLINTON HIGH SCHOOL SCIENCE OLYMPIAD TEAM, AND TO CONGRATULATE THE SCHOLARS AND THEIR COACHES FOR CAPTURING THE 2011 SCIENCE OLYMPIAD DIVISION C STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

The following was introduced:

H. 3998 (Word version) -- Reps. Tribble and Pitts: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH

CAROLINA HOUSE OF REPRESENTATIVES TO THE CLINTON HIGH SCHOOL SCIENCE OLYMPIAD TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND HONORING THEM FOR CAPTURING THE 2011 SCIENCE OLYMPIAD DIVISION C STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Clinton High School Science Olympiad team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and honoring them for capturing the 2011 Science Olympiad Division C State Championship title.

The Resolution was adopted.

The following was introduced:

H. 3999 (Word version) -- Reps. Tribble and Pitts: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE BELL STREET MIDDLE SCHOOL SCIENCE OLYMPIAD TEAM, AND TO CONGRATULATE THE SCHOLARS AND THEIR COACHES FOR CAPTURING THE 2011 SCIENCE OLYMPIAD DIVISION B STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

The following was introduced:

H. 4000 (Word version) -- Reps. Tribble and Pitts: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BELL STREET MIDDLE SCHOOL SCIENCE OLYMPIAD TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND HONORING THEM FOR CAPTURING

THE 2011 SCIENCE OLYMPIAD DIVISION B STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Bell Street Middle School Science Olympiad team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and honoring them for capturing the 2011 Science Olympiad Division B State Championship title.

The Resolution was adopted.

The following was introduced:

H. 4001 (Word version) -- Rep. Alexander: A HOUSE RESOLUTION TO RECOGNIZE THE WORK OF THE CARE HOUSE OF THE PEE DEE, AND TO COMMEND THE EFFORTS OF THIS CHILD-ADVOCACY CENTER TO PROVIDE SERVICES TO CHILDREN OF ABUSE.

The Resolution was adopted.

The following was introduced:

H. 4010 (Word version) -- Rep. Forrester: A HOUSE RESOLUTION TO CONGRATULATE CONNIE CARNES FORRESTER OF SPARTANBURG COUNTY ON THE OCCASION OF HER SIXTIETH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY MORE YEARS OF HAPPINESS AND FULFILLMENT.

The Resolution was adopted.

The following was introduced:

H. 4011 (Word version) -- Rep. Battle: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND KATHERINE POSTON OF MARION COUNTY FOR HER MORE THAN EIGHT YEARS OF OUTSTANDING AND DEDICATED SERVICE AS ADMINISTRATOR OF THE MARION COUNTY LEGISLATIVE DELEGATION OFFICE, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

The Resolution was adopted.

The following was introduced:

H. 4002 (Word version) -- Reps. Alexander, Brantley, J. E. Smith, Spires, Knight, Brannon, Corbin, Ott, King, McLeod, Parker, Bales, Jefferson, McEachern, Ballentine, Branham, Cobb-Hunter, Crosby, Dillard, Hardwick, Hearn, Herbkersman, Long, J. M. Neal, Pope, G. M. Smith and G. R. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE THAT ABUSE AND NEGLECT OF CHILDREN IS A SIGNIFICANT PROBLEM, AND TO DECLARE APRIL AS "CHILD ABUSE PREVENTION MONTH" IN SOUTH CAROLINA.

Whereas, nearly five children die every day in America from abuse and neglect, and in 2009, an estimated 1,770 children nationwide died from abuse; and

Whereas, in the same year, Children's Advocacy Centers around the country served over 254,000 child victims of abuse, providing victim advocacy and support to these children and their families, and by 2010, this number was over 266,000; and

Whereas, statistics from Children's Advocacy Centers provided by the National Children's Alliance reported that, among the over 266,000 children served by Children's Advocacy Centers around the country in 2010, almost forty percent were between the ages of newborn and six years old, and nearly as many were between the ages of six and twelve; and

Whereas, during 2007, an estimated 794,000 children were determined to be victims of abuse or neglect, and an estimated 1,760 children died as a result of that abuse or neglect; and

Whereas, although neglect is the most common form of child maltreatment, victims also suffer year after year from physical abuse, sexual abuse, and psychological maltreatment; and

Whereas, National Children's Advocacy Centers seek to model, promote, and deliver excellence in child abuse response and prevention through service, education, and leadership; and

Whereas, the South Carolina General Assembly understands the growing problem of child abuse and the serious impact its continued existence has on the citizens of South Carolina, as well as on those of the rest of the nation. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the South Carolina General Assembly, by this resolution, recognize that abuse and neglect of children is a significant problem, and declare April as "Child Abuse Prevention Month" in South Carolina.

Be it further resolved that a copy of this resolution be presented to Jamie DeWeerdt, Executive Director of the CARE House of the Pee Dee.

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

The following was introduced:

H. 4003 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTIONS OF SOUTH CAROLINA HIGHWAY 28 AND THE ABBEVILLE/ANDERSON COUNTY LINE, SOUTH CAROLINA HIGHWAY 28 AND THE ABBEVILLE/MCCORMICK

COUNTY LINE, AND SOUTH CAROLINA HIGHWAY 72 AND THE ABBEVILLE/GREENWOOD COUNTY LINE THAT CONTAIN THE WORDS "ABBEVILLE HIGH SCHOOL PANTHERS 2010 CLASS A STATE FOOTBALL CHAMPIONS".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4004 (Word version) -- Reps. Owens, Bikas, Hiott and Skelton: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE EASLEY COMBINED UTILITIES, AND TO CONGRATULATE THE ORGANIZATION, UPON THE OCCASION OF ITS CENTENNIAL ANNIVERSARY, FOR ITS DEDICATION IN PROVIDING SERVICES TO THE COMMUNITY OF EASLEY.

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

The Senate sent to the House the following:

S. 754 (Word version) -- Senators Scott, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MAJOR GENERAL OSBORNE EUGENE POWELL, JR., AND TO COMMEND HIM FOR HIS OUTSTANDING SERVICE, HIS TIRELESS EFFORTS, AND HIS SELFLESS COMMITMENT OF TIME AND RESOURCES FOR THE GREAT BENEFIT OF THE SOUTH CAROLINA MILITARY DEPARTMENT.

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

The Senate sent to the House the following:

S. 755 (Word version) -- Senators Scott, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JOHN A. SHULER, DEPUTY ADJUTANT GENERAL FOR STATE OPERATIONS OF THE OFFICE OF THE ADJUTANT GENERAL, AND TO CONGRATULATE HIM, UPON THE OCCASION OF HIS RETIREMENT FROM THE MILITARY DEPARTMENT OF SOUTH CAROLINA.

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

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

H. 4005 (Word version) -- Reps. Corbin, Hardwick, Stringer, Loftis, Ryan, Bannister, Agnew, Barfield, V. S. Moss, Thayer, Murphy, Hearn, Norman, Gambrell, Sottile, Limehouse, Chumley, Bikas, Crawford, Clemmons, Crosby, Daning, Delleney, Hamilton, Hayes, Hixon, Hodges, D. C. Moss, Nanney, Owens, Patrick, Pinson, Pitts, Pope, Simrill, G. R. Smith, J. R. Smith, Tallon, Taylor, White and Young: A BILL TO AMEND SECTION 39-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING ADULTERATED OR MISBRANDED FOOD AND COSMETICS, SO AS TO PROVIDE A DEFINITION FOR THE TERM "HONEY" AND TO PROVIDE LABELING REQUIREMENTS FOR HONEY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4006 (Word version) -- Rep. White: A BILL TO AMEND SECTION 56-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO

TERMS AND THEIR DEFINITIONS CONCERNING THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, SO AS TO REVISE THE DEFINITION OF THE TERM "DEALER" OR "MOTOR VEHICLE DEALER".
Referred to Committee on Labor, Commerce and Industry

H. 4007 (Word version) -- Rep. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 23 SO AS TO CREATE THE SOUTH CAROLINA DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY; TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO THE REMOVAL OF CERTAIN STATE OFFICERS BY THE GOVERNOR, SO AS TO DELETE THE TERM "DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DIRECTOR OF THE DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY"; TO AMEND SECTION 1-7-920, RELATING TO THE MEMBERS OF THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO DELETE THE TERM "DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DIRECTOR OF THE DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY"; TO AMEND SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY"; TO AMEND SECTION 1-30-90, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO SUBSTITUTE THE TERM "DIVISION OF PUBLIC SAFETY" FOR THE TERM "DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA TO VARIOUS ENTITIES, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY"; TO AMEND SECTIONS 5-3-90, 5-7-110, 9-11-180, AS AMENDED, 10-11-80, AS AMENDED, 11-35-710, AS AMENDED, 12-28-1910, AS AMENDED, 12-28-2325, 12-45-70, AS AMENDED, 13-7-70, AS AMENDED, 13-7-160, AS AMENDED, 14-1-206, AS AMENDED, 14-1-207, AS AMENDED, 14-1-208, AS AMENDED,

14-1-212, 16-3-1410, AS AMENDED, 17-5-130, 17-22-350, AND 23-1-230, RELATING TO THE SCOPE OF THE PROVISIONS THAT PROVIDE FOR THE STRUCTURE, ORGANIZATION, POWERS, AND DUTIES OF MUNICIPAL GOVERNMENTS, THE DEPARTMENT OF PUBLIC SAFETY'S CONTRIBUTIONS INTO THE STATE RETIREMENT SYSTEM ON BEHALF OF ACTIVE HIGHWAY PATROL MEMBER EMPLOYEES, PARKING ON CERTAIN STATE PARKING LOTS, STATE PROCUREMENT CODE EXEMPTIONS, THE INSPECTION OF FUEL AND SHIPPING PAPERS, LAW ENFORCEMENT ASSISTANCE PROVIDED TO THE DEPARTMENT OF REVENUE BY THE DEPARTMENT OF PUBLIC SAFETY, PAYING TAXES AND THE DELEGATION OF COLLECTION OF TAXES, RULES AND REGULATIONS REGARDING THE TRANSPORTATION OF MATERIALS, REGULATIONS RELATING TO THE TRANSPORTATION OF NUCLEAR MATERIALS, COURT ASSESSMENTS AND SURCHARGES, VICTIM ASSISTANCE SERVICES, QUALIFICATIONS AND AGE REQUIREMENTS FOR CORONERS, TRAFFIC EDUCATION PROGRAM FEES, AND THE FIRST RESPONDERS ADVISORY COMMITTEE, ALL SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY"; TO AMEND CHAPTER 6, TITLE 23, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REESTABLISH IT AS A DIVISION OF SLED; TO AMEND SECTIONS 23-23-30, AS AMENDED, 23-25-20, 24-5-340, 36-9-410, 38-55-530, AS AMENDED, 38-55-570, AS AMENDED, 38-73-470, AS AMENDED, 38-77-1120, 39-9-230, AS AMENDED, 43-5-1250, AS AMENDED, 44-4-130, AS AMENDED, 54-17-60, 56-1-286, AS AMENDED, 56-1-460, AS AMENDED, 56-1-1320, 56-1-1760, 56-1-2220, 56-1-2230, 56-3-662, 56-3-663, AS AMENDED, 56-3-840, AS AMENDED, 56-5-330, 56-5-380, 56-5-765, 56-5-1270, 56-5-1300, 56-5-1320, 56-5-1330, 56-5-1340, 56-5-1350, 56-5-1520, 56-5-2930, AS AMENDED, 56-5-2933, AS AMENDED, 56-5-2945, AS AMENDED, 56-5-2951, AS AMENDED, 56-5-2953, AS AMENDED, 56-5-3660, 56-5-3670, 56-5-3680, 56-5-3690, 56-5-3900, 56-5-4030, 56-5-4035, 56-5-4070, 56-5-4075, 56-5-4140, AS AMENDED, 56-5-4160, AS AMENDED, 56-5-4170, 56-5-4840, 56-5-4880, 56-5-4970, 56-5-5015, 56-5-5080, 56-5-5120, 56-5-5140, 56-5-5810, AS AMENDED, 56-5-5870, 56-5-5880, 56-5-6170, 56-5-6525, AS AMENDED, 56-5-6560, 56-5-6565,

56-7-10, 56-7-12, 56-7-30, AS AMENDED, 56-9-350, 56-10-45, 56-10-552, 56-11-20, 56-11-40, 56-15-420, 56-19-420, AS AMENDED, 56-35-50, 57-3-180, 58-23-50, AS AMENDED, 58-23-1120, AS AMENDED, 59-67-20, 59-67-260, 59-67-570, 61-6-2900, 61-6-4250, 61-6-4290, 63-19-1860, 63-19-1880, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME COMMITTEE, RESERVE DETENTION OFFICERS, UNLAWFUL SALE OR DISPOSAL OF PERSONAL PROPERTY SUBJECT TO A SECURITY INTEREST, INSURANCE FRAUD AND REPORTING IMMUNITY, THE DISPOSITION OF UNINSURED MOTOR PREMIUMS, MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD-REPORTING IMMUNITY ACT, THE IMPLEMENTATION OF THE METRIC SYSTEM, THE STATEWIDE NETWORK OF MASS TRANSIT SYSTEMS, THE EMERGENCY HEALTH POWERS ACT, ACCOUNT BALANCES RELATING TO HUNTING AND FISHING LICENSES, ACTIVITIES OF THE MARITIME SECURITY COMMISSION AND THE NAVAL MILITIA, MOTOR VEHICLE DRIVER'S LICENSES, THE REGISTRATION AND LICENSING OF MOTOR VEHICLES, THE REGULATION OF TRAFFIC TRAVELING ALONG THE STATE'S HIGHWAYS, THE ISSUANCE OF TRAFFIC TICKETS, VERIFICATION OF MOTOR VEHICLE INSURANCE, THE CONFISCATION OF REGISTRATION CERTIFICATES AND LICENSE PLATES, THE UNINSURED ENFORCEMENT FUND, THE ROAD TAX ON MOTOR CARRIERS, THE PROMULGATION OF REGULATIONS RELATING TO MOTOR VEHICLE DEALER AND WHOLESALER LICENSES, MOTOR VEHICLE CERTIFICATES OF TITLE, DIESEL IDLING RESTRICTIONS, PERMITS ISSUED BY THE DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE CARRIERS, THE TRANSPORTATION OF SCHOOL CHILDREN, THE ALCOHOLIC BEVERAGE CONTROL ACT, THE CONDITIONAL RELEASE OF A JUVENILE, AND THE APPOINTMENT OF JUVENILE PROBATION COUNSELORS, ALL SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY" OR "DIVISION OF PUBLIC SAFETY"; AND TO AMEND SECTION 23-3-10, 23-3-680, AND 23-3-690, RELATING TO THE CREATION OF SLED, SO AS TO PROVIDE THAT ITS DUTIES AND

FUNCTIONS ARE TRANSFERRED TO THE DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY.
Referred to Committee on Judiciary

H. 4008 (Word version) -- Reps. Harrison, H. B. Brown, G. R. Smith, Knight, Atwater, Huggins, Branham, Viers, Bannister, Dillard, Erickson, Hamilton, Hearn, Hosey, Limehouse, D. C. Moss, Patrick, Pinson, Sandifer, G. M. Smith, J. R. Smith, Stringer, Toole and Willis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-390 SO AS TO PROVIDE THAT THERE IS NO MONETARY LIABILITY, AND NO CAUSE OF ACTION IS CREATED, BY A HOSPITAL UNDERTAKING OR PERFORMING CERTAIN ACTS IF NOT DONE WITH MALICE; BY ADDING SECTION 44-7-392 SO AS TO PROVIDE THAT CERTAIN HOSPITAL PROCEEDINGS AND DATA, DOCUMENTS, RECORDS, AND INFORMATION RESULTING FROM THESE PROCEEDINGS ARE CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY OR SUBPOENA AND MAY NOT BE USED AS EVIDENCE IN A CIVIL ACTION UNLESS THE HOSPITAL HAS WAIVED CONFIDENTIALITY OR THE DATA, DOCUMENTS, RECORDS, OR INFORMATION ARE OTHERWISE AVAILABLE AND SUBJECT TO DISCOVERY; TO PROVIDE THAT THE OUTCOME OF A PRACTITIONER'S APPLICATION FOR HOSPITAL STAFF MEMBERSHIP OR CLINICAL PRIVILEGES IS NOT CONFIDENTIAL BUT THAT THE APPLICATION AND SUPPORTING DOCUMENTS ARE CONFIDENTIAL; TO PROVIDE THAT DISCLOSURE OF CERTAIN INFORMATION BY A HOSPITAL THROUGH REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE JOINT COMMISSION, OR THE BOARD OF MEDICAL EXAMINERS IS NOT A WAIVER OF ANY PRIVILEGE OR CONFIDENTIALITY; AND TO PROVIDE THAT AN AFFECTED PERSON MAY FILE AN ACTION TO ASSERT A CLAIM OF CONFIDENTIALITY AND TO ENJOIN THE HOSPITAL, THE JOINT COMMISSION, OR THE BOARD OF MEDICAL EXAMINERS FROM RELEASING SUCH INFORMATION, AND IF THE COURT FINDS THAT THE PERSON ACTED UNREASONABLY IN ASSERTING THIS CLAIM, THE COURT SHALL ASSESS ATTORNEY'S FEES AGAINST THAT PERSON; BY ADDING SECTION 44-7-394 SO AS TO PROVIDE THAT IF IN A JUDICIAL PROCEEDING THE

COURT FINDS DOCUMENTS, OVER WHICH THE HOSPITAL ASSERTED A CLAIM OF CONFIDENTIALITY, ARE NOT SUBJECT TO CONFIDENTIALITY AND THAT THE HOSPITAL ACTED UNREASONABLY IN ASSERTING THIS CLAIM, THE COURT SHALL ASSESS ATTORNEY'S FEES AGAINST THE HOSPITAL FOR COSTS INCURRED BY THE REQUESTING PARTY TO OBTAIN THE DOCUMENTS; AND TO AMEND SECTION 40-71-10, RELATING TO THE EXEMPTION FROM TORT LIABILITY FOR MEMBERS OF CERTAIN PROFESSIONAL COMMITTEES, SO AS TO DELETE FROM THE EXEMPTION AN APPOINTED MEMBER OF A COMMITTEE OF A MEDICAL STAFF OF A HOSPITAL IF THE STAFF OPERATES PURSUANT TO WRITTEN BYLAWS APPROVED BY THE GOVERNING BOARD OF THE HOSPITAL.
Referred to Committee on Judiciary

H. 4009 (Word version) -- Rep. Bowen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 39 TO TITLE 6 SO AS TO PROVIDE THAT EACH ENTITY, INCLUDING POLITICAL SUBDIVISIONS, IN A COUNTY PROVIDING WATER SERVICE WHICH IS PART OF A JOINT REGIONAL WATER ASSOCIATION AND OBTAINS ITS WATER, IN WHOLE OR IN PART, FROM A REGIONAL PRODUCING CENTER SHALL HAVE A SPECIAL WATER BOARD TO PERFORM THE FUNCTION OF ESTABLISHING WATER RATES FOR THE ENTITY BASED ON CERTAIN FACTORS, TO PROVIDE DEFINITIONS, AND TO PROVIDE FOR THE MEMBERSHIP OF THE BOARD AND OTHER FUNCTIONS IT SHALL PERFORM.
Referred to Committee on Labor, Commerce and Industry

H. 4012 (Word version) -- Reps. Gambrell, Thayer, Agnew, Bowen, Cooper and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-170 SO AS TO PROVIDE THAT REPORTING REQUIREMENTS RELATING TO THE DISCLOSURE OF ECONOMIC INTERESTS AND CAMPAIGN PRACTICES, CONTRIBUTIONS, AND EXPENDITURES DO NOT APPLY TO DIRECTORS OF WATERSHED CONSERVATION DISTRICTS.
Referred to Committee on Judiciary

H. 4013 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTIONS 33-36-1330 AND 33-36-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES, INCLUDING ELECTION PROCEDURES, FOR THE METHOD OF SELECTING MEMBERS OF THE GOVERNING BODY OF A PUBLIC SERVICE DISTRICT PROVIDING WATER AND SEWER SERVICES THAT WAS CONVERTED FROM A NONPROFIT CORPORATION IN THE MANNER PROVIDED BY LAW, SO AS TO PROVIDE THAT BEGINNING WITH THE 2012 ELECTION, ALL MEMBERS OF THE GOVERNING BODY OF A DISTRICT MUST BE ELECTED IN NONPARTISAN ELECTIONS CONDUCTED AT THE SAME TIME AS THE GENERAL ELECTION, AND TO PROVIDE FOR OTHER PROVISIONS PERTAINING TO THE ELECTION OF THESE MEMBERS.
Referred to Committee on Labor, Commerce and Industry

H. 4014 (Word version) -- Rep. Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-315 SO AS TO PROVIDE THAT A LICENSED DRIVER WHO VOLUNTARILY TRANSPORTS SENIORS OR PERSONS WITH DISABILITIES IN AN INSURED VEHICLE IS NOT LIABLE BEYOND THE LIMITS OF HIS AUTOMOBILE LIABILITY INSURANCE COVERAGE FOR ACTS OR OMISSIONS RESULTING FROM THE RENDERING OF THE TRANSPORTATION SERVICES IN THE ABSENCE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
Referred to Committee on Judiciary

H. 4015 (Word version) -- Rep. Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-15-15 SO AS TO DEFINE JOINT CUSTODY OF MINOR CHILDREN FOR PURPOSES OF SEPARATION AND DIVORCE.
Referred to Committee on Judiciary

S. 36 (Word version) -- Senators McConnell, McGill, Setzler and Ford: A BILL TO AMEND ACT 99 OF 2007, RELATING TO THE SALES TAX EXEMPTION FOR DURABLE MEDICAL EQUIPMENT AND SUPPLIES, BY REPEALING SECTIONS 1B AND 1C, WHICH STATE THAT THE SALES TAX RATE ON DURABLE MEDICAL EQUIPMENT IS FIVE AND ONE-HALF PERCENT SUBJECT TO

FURTHER REDUCTION BASED ON GENERAL FUND REVENUE GROWTH.
Referred to Committee on Ways and Means

S. 336 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-7-30 OF THE 1976 CODE, RELATING TO GENERATING UNIFORM TRAFFIC CITATIONS WITH AN ELECTRONIC DEVICE, TO REQUIRE THAT A COPY OF THE CITATION IS HANDED DIRECTLY TO THE OFFENDER BY THE LAW ENFORCEMENT OFFICER ISSUING THE TICKET; TO AMEND CHAPTER 7, TITLE 56, RELATING TO MOTOR VEHICLE TRAFFIC TICKETS, BY ADDING SECTION 56-7-35 TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MUST STOP AN OWNER OR OPERATOR OF A VEHICLE TO ISSUE A TRAFFIC TICKET, TO PROVIDE THAT THE TRAFFIC TICKET MUST BE HANDED DIRECTLY TO THE OWNER OR OPERATOR OF THE VEHICLE, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY NOT MAIL OR OTHERWISE SEND A TRAFFIC TICKET TO AN OFFENDER, TO PROVIDE THAT A TRAFFIC TICKET CANNOT BE ISSUED BASED IN WHOLE OR IN PART UPON PHOTOGRAPHIC EVIDENCE REGARDLESS OF WHETHER THE CAMERA OR OTHER DEVICE CAPTURING THE IMAGE WAS ATTENDED OR UNATTENDED, AND TO PROVIDE THAT THE PROVISIONS OF THE SECTION DO NOT APPLY TO TOLL COLLECTION; TO AMEND SECTION 56-5-710, RELATING TO THE POWER OF LOCAL AUTHORITIES CONCERNING TRAFFIC LAWS, TO PROVIDE THAT A TRAFFIC TICKET CANNOT BE ISSUED BASED IN WHOLE OR IN PART UPON PHOTOGRAPHIC EVIDENCE REGARDLESS OF WHETHER THE CAMERA OR OTHER DEVICE CAPTURING THE IMAGE WAS ATTENDED OR UNATTENDED; TO AMEND SECTION 56-5-70, AS AMENDED, RELATING TO CERTAIN VEHICLE REQUIREMENTS BEING SUSPENDED DURING A STATE OF EMERGENCY, TO CLARIFY THAT UNIFORM TRAFFIC CITATIONS MAY NOT BE ISSUED IN WHOLE OR IN PART ON PHOTOGRAPHIC EVIDENCE REGARDLESS OF WHETHER THE CAMERA OR OTHER ELECTRONIC DEVICE CAPTURING THE PHOTOGRAPHIC EVIDENCE WAS ATTENDED OR UNATTENDED AT THE TIME IT CAPTURED THE

PHOTOGRAPHIC EVIDENCE; AND TO DISGORGE ANY FINES COLLECTED IN VIOLATION OF SECTION 56-5-70.
Referred to Committee on Judiciary

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

Alexander              Allen                  Allison
Anderson               Anthony                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bowers
Brady                  Branham                Brannon
Brantley               G. A. 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
Jefferson              King                   Knight
Long                   Lucas                  Mack
McCoy                  McEachern              McLeod
Merrill                Mitchell               D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Nanney                 J. M. Neal             Norman
Ott                    Owens                  Parker
Parks                  Patrick                Pitts
Pope                   Rutherford             Sabb
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

White                  Whitmire               Williams
Willis                 Young

I came in after the roll call and was present for the Session on Thursday, March 31.

Paul Agnew                        Chip Huggins
Phillip Lowe                      Eric Bikas
Don Bowen                         Richard "Rick" Quinn
Lewis E. Pinson                   Kenny Bingham
Denny Neilson                     Ted Vick
Boyd Brown                        Kevin Ryan
H.B. "Chip" Limehouse             Dwight Loftis
Bakari Sellers                    Jackson "Seth"  Whipper
Joseph Neal

The SPEAKER granted Rep. UMPHLETT a leave of absence for the day due to medical reasons.

The SPEAKER granted Rep. BEDINGFIELD a leave of absence for the day due to business reasons.

The SPEAKER granted Rep. G. M. SMITH a leave of absence for the remainder of the day due to family medical reasons.

Announcement was made that Dr. Sharon Eden of Columbia was the Doctor of the Day for the General Assembly.

Rep. CORBIN presented to the House the North Greenville University "Crusaders" Football Team, the 2010 NCCAA Victory Bowl Champions, their coaches and other school officials.

Rep. CORBIN presented to the House the North Greenville University Cheerleading Team, the 2011 NCCAA Grand Champions, their coaches and other school officials.

Rep. JEFFERSON and the Berkeley Delegation presented to the House the Timberland High School "Lady Wolves" Girls Varsity Basketball Team, the 2011 AA Champions, their coaches and other school officials.

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. 3641 (Word version)
Date:   ADD:
03/31/11   YOUNG and TAYLOR

Bill Number:   H. 3109 (Word version)
Date:   ADD:
03/31/11   KING

Bill Number:   H. 3735 (Word version)
Date:   ADD:
03/31/11   VIERS

Bill Number:   H. 3760 (Word version)
Date:   ADD:
03/31/11   TOOLE

Bill Number:   H. 3929 (Word version)
Date:   ADD:
03/31/11   QUINN and MCEACHERN

Bill Number:   H. 3930 (Word version)
Date:   ADD:
03/31/11   BALES

Bill Number:   H. 3946 (Word version)
Date:   ADD:
03/31/11   ALLISON

Bill Number:   H. 3934 (Word version)
Date:   ADD:
03/31/11   BARFIELD, CLEMMONS, NORMAN, OWENS, LUCAS, DELLENEY, LOFTIS, CORBIN, SIMRILL, HIXON, TAYLOR, D. C. MOSS, J. R. SMITH, LIMEHOUSE, SOTTILE, BIKAS, HIOTT, PARKER, ALLISON, LONG, ERICKSON, PATRICK, HERBKERSMAN, MERRILL, COLE, SELLERS, OTT, HARDWICK, HEARN, TALLON, BANNISTER, STRINGER, RYAN, WHITE, POPE, HENDERSON, NANNEY, SANDIFER, V. S. MOSS, HORNE, NEILSON, EDGE, CRAWFORD, VIERS, QUINN, TRIBBLE, WILLIS, BALLENTINE, PARKS and KING

Bill Number:   H. 3993 (Word version)
Date:   ADD:
03/31/11   BRADY

The Senate returned to the House with amendments the following:

H. 3625 (Word version) -- Reps. J. R. Smith, Hixon and Taylor: A BILL TO AMEND SECTION 8-13-735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION AGAINST A PERSON, WHO AT THE SAME TIME SERVES ON THE GOVERNING BODY OF A STATE OR LOCAL POLITICAL SUBDIVISION BOARD OR COMMISSION AND AS AN EMPLOYEE OF THE SAME BOARD OR COMMISSION OR IN A POSITION WHICH IS SUBJECT TO THE CONTROL OF THE BOARD OR COMMISSION, MAKING OR PARTICIPATING IN A DECISION AFFECTING HIS ECONOMIC INTERESTS, SO AS TO PROHIBIT A PERSON FROM SERVING IN BOTH POSITIONS AT THE SAME TIME.

Rep. J. R. SMITH explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bikas                  Bingham
Bowen                  Bowers                 Brady
Branham                Brannon                Brantley
G. A. Brown            R. L. Brown            Butler Garrick
Clyburn                Cobb-Hunter            Cole
Cooper                 Corbin                 Crawford
Crosby                 Daning                 Delleney
Dillard                Erickson               Forrester
Frye                   Funderburk             Gambrell
Gilliard               Govan                  Hamilton

Harrell                Hart                   Hayes
Hearn                  Henderson              Herbkersman
Hiott                  Hodges                 Horne
Hosey                  Huggins                King
Knight                 Limehouse              Loftis
Long                   Lowe                   Lucas
Mack                   McCoy                  McEachern
McLeod                 Merrill                Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Nanney                 J. M. Neal
Neilson                Norman                 Owens
Parker                 Parks                  Patrick
Pinson                 Pitts                  Pope
Quinn                  Ryan                   Sabb
Sandifer               Simrill                Skelton
G. R. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Tribble                Viers
Weeks                  White                  Whitmire
Williams               Willis                 Young

Those who voted in the negative are:

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

I was temporarily out of the Chamber on constituent business during the vote on H. 3625. If I had been present, I would have voted in favor of the Bill.

Rep. Bill Hixon

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:

S. 724 (Word version) -- Senator McGill: A BILL TO AMEND ACT 1095 OF 1962, AS AMENDED, RELATING TO THE LOWER FLORENCE COUNTY HOSPITAL DISTRICT, SO AS TO PROVIDE A PROCESS BY WHICH THE FLORENCE COUNTY COUNCIL MAY LEVY MILLAGE WITHIN THE DISTRICT FOR PURPOSES OF CONSTRUCTING, EQUIPPING, AND MAINTAINING HOSPITAL FACILITIES WITHIN THE DISTRICT.

S. 522 (Word version) -- Senators Leatherman, O'Dell, Setzler and Alexander: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE INTERNAL REVENUE CODE TO STATE INCOME TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE TO THE YEAR 2010.

S. 533 (Word version) -- Senators Coleman, Reese and Ford: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A SALES TAX EXEMPTION OF CERTAIN ITEMS FOR CERTAIN FACILITIES RESEARCHING AND TESTING THE IMPACT OF NATURAL DISASTERS, SO AS TO PROVIDE THAT THE QUALIFYING INVESTMENT OF AT LEAST TWENTY MILLION DOLLARS MAY BEGIN AT ANY TIME PERIOD AFTER JANUARY 1, 2009, AND ALL OR A PORTION MAY OCCUR BEFORE THE TAXPAYER NOTIFIES THE DEPARTMENT OF REVENUE OF ITS INTENTION.

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:

H. 3711 (Word version) -- Reps. Sandifer, Hayes and D. C. Moss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-61-210 SO AS TO PROVIDE THAT AN ENTITY THAT CONTRACTS WITH AN AUTOMOBILE CLUB

LICENSED UNDER THE MOTOR CLUB SERVICES ACT FOR THE PROVISIONS OF EMERGENCY ROAD SERVICE AND TOWING SERVICE TO THE ENTITY'S CUSTOMERS IS EXEMPT FROM ALL REQUIREMENTS OF THE MOTOR CLUB SERVICES ACT.

H. 3914 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 23, TITLE 57 SO AS TO DESIGNATE CERTAIN HIGHWAYS IN BEAUFORT COUNTY AS SCENIC HIGHWAYS AND SCENIC BYWAYS; AND TO REPEAL ACT 714 OF 1978 WHICH DESIGNATED CERTAIN PORTIONS OF HIGHWAYS IN BEAUFORT COUNTY AS SCENIC HIGHWAYS.

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.

H. 3947 (Word version) -- Reps. Rutherford and Bales: A BILL TO AMEND SECTION 55-11-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE RICHLAND-LEXINGTON AIRPORT COMMISSION, SO AS TO REVISE THE PROCEDURE TO APPOINT THE MEMBERS SELECTED BY THE RICHLAND COUNTY LEGISLATIVE DELEGATION.

H. 3957 (Word version) -- Reps. Harrison, Bales, McLeod and Funderburk: A BILL TO DESIGNATE SECTION 3 OF ACT 292 OF 1985, RELATING TO THE RICHLAND-LEXINGTON COUNTY AIRPORT COMMISSION'S AUTHORITY TO MAKE APPLICATION TO THE FOREIGN-TRADE ZONES BOARD FOR THE PURPOSE OF ESTABLISHING, OPERATING, AND MAINTAINING FOREIGN-TRADE ZONES AS SECTION 55-11-430 OF THE 1976 CODE; AND TO AMEND SECTION 55-11-430, RELATING TO THE

RICHLAND-LEXINGTON COUNTY AIRPORT COMMISSION'S AUTHORITY TO MAKE APPLICATION TO THE FOREIGN-TRADE ZONES BOARD FOR THE PURPOSE OF ESTABLISHING, OPERATING, AND MAINTAINING FOREIGN-TRADE ZONES, SO AS TO EXPAND THE AREA WITHIN THE STATE IN WHICH THE COMMISSION MAY ESTABLISH FOREIGN-TRADE ZONES.

H. 3642 (Word version) -- Reps. Cooper, Bingham, Allison, Harrell and Owens: A JOINT RESOLUTION TO PROVIDE THAT A LOCAL SCHOOL DISTRICT MAY PAY TEACHERS BASED ON THE YEARS OF EXPERIENCE THE TEACHERS POSSESSED IN FISCAL YEAR 2010-2011 WITHOUT NEGATIVE IMPACT TO THEIR EXPERIENCE CREDIT; TO PROVIDE VOTING AND NOTICE REQUIREMENTS FOR THIS DECISION; TO REQUIRE THAT PAYMENT ACCORDING TO THE 2010-2011 DATA BE APPLIED UNIFORMLY; TO PROVIDE THAT A LOCAL SCHOOL DISTRICT MAY NOT PAY DISTRICT OR SCHOOL ADMINISTRATORS MORE THAN THEY RECEIVED IN FISCAL YEAR 2010-2011; TO REQUIRE A LOCAL SCHOOL DISTRICT TO PAY TEACHERS AND SCHOOL ADMINISTRATORS FOR CHANGES IN THEIR EDUCATION LEVELS; AND TO DEFINE CERTAIN TERMS.

Rep. HERBKERSMAN moved to adjourn debate upon the following Bill until Tuesday, April 5, which was adopted:

H. 3788 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 70 TO TITLE 12 SO AS TO ENACT THE "HERITAGE GOLF PRESERVATION ACT".

The following Bill was taken up:

H. 3874 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 23, TITLE 57 SO AS TO DESIGNATE CERTAIN HIGHWAYS IN BEAUFORT COUNTY AS SCENIC HIGHWAYS AND SCENIC BYWAYS; AND TO REPEAL ACT 714 OF 1978

WHICH DESIGNATED CERTAIN PORTIONS OF HIGHWAYS IN BEAUFORT COUNTY AS SCENIC HIGHWAYS.

Rep. HERBKERSMAN moved to recommit the Bill to the Committee on Invitations and Memorial Resolutions, which was agreed to.

The following Joint Resolution was taken up:

S. 434 (Word version) -- Senators Peeler, Bryant, Bright and Campsen: A JOINT RESOLUTION TO SUSPEND PROVISOS 21.11, 21.15, AND 21.20 OF PART IB, ACT 291 OF 2010, THE FISCAL YEAR 2010-2011 GENERAL APPROPRIATIONS BILL, AND TO SUSPEND A PORTION OF PROVISO 89.87 PROHIBITING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FROM REDUCING PROVIDER RATES.

Rep. COBB-HUNTER objected to the Joint Resolution.

Reps. COOPER, SKELTON, HIOTT, CLEMMONS, R. L. BROWN, OTT, HART, BUTLER GARRICK, MCLEOD, GOVAN, DANING, MERRILL, WHITE, JEFFERSON, KING, KNIGHT, SABB, MUNNERLYN, HOSEY, J. R. SMITH, WEEKS and HEARN requested debate on the Joint Resolution.

The following Joint Resolution was taken up:

H. 3643 (Word version) -- Reps. Cooper, Bingham, Allison, Anthony, Harrell, Owens, Hiott and Bikas: A JOINT RESOLUTION TO REQUIRE LOCAL SCHOOL DISTRICTS TO DECIDE AND NOTIFY TEACHERS OF THEIR EMPLOYMENT FOR THE 2011-2012 SCHOOL YEAR BY MAY 15, 2011; TO REQUIRE TEACHERS WHO ARE REEMPLOYED BY WRITTEN NOTIFICATION TO NOTIFY THE DISTRICT BOARD OF THEIR ACCEPTANCE WITHIN TEN DAYS OF RECEIPT OF WRITTEN NOTIFICATION OF EMPLOYMENT; AND TO ALLOW DISTRICTS TO UNIFORMLY NEGOTIATE SALARIES OF CERTAIN RETIRED TEACHERS BELOW THE DISTRICT SALARY SCHEDULE.

The Ways and Means Committee proposed the following Amendment No. 1 (COUNCIL\AGM\18915BH11), which was adopted:
Amend the joint resolution, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   Notwithstanding Section 59-25-410, the boards of trustees of the several school districts shall decide and notify, in writing, the teachers, as defined in Section 59-1-130, in their employ concerning their employment for the 2011-2012 school year by May 15, 2011.
SECTION   2.   Notwithstanding Regulation 43-205.1, a continuing-contract teacher who is being recommended for formal evaluation the following school year must be notified in writing on or before the date the school district issues the written offer of employment or reemployment.
SECTION   3.   Notwithstanding Section 59-25-420, any teacher who is reemployed by written notification pursuant to Section 59-25-410 shall notify the board of trustees in writing of his acceptance of the contract for the 2011-2012 school year no later than ten days following receipt of written notification. Failure on the part of the teacher to notify the board of acceptance within the specified time limit is conclusive evidence of the teacher's rejection of the contract.
SECTION   4.   Notwithstanding another provision of law, school districts uniformly may negotiate salaries below the school district salary schedule for the 2011-2012 school year for retired teachers who are not participants in the Teacher and Employee Retention Incentive program.
SECTION   5.   This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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

On motion of Rep. COOPER, with unanimous consent, it was ordered that H. 3643 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 3748 (Word version) -- Reps. Owens, Bowen, Erickson, Daning, Whitmire, Spires, McCoy, Loftis, Gambrell, Lucas, Skelton, Bingham, Thayer, Hardwick, Harrell, Crosby, Battle, Sottile, Patrick, Clemmons, Cole, Forrester, Hamilton, Henderson, Hixon, Huggins, Murphy, J. M. Neal, Pinson, Pope, G. R. Smith, Stringer, Tallon, White, Willis, Cooper and Taylor: A BILL TO AMEND SECTION 59-59-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLEMENTATION OF THE EDUCATION AND ECONOMIC DEVELOPMENT ACT, SO AS TO EXTEND THE DATE BY WHICH THE ACT MUST BE IMPLEMENTED FULLY.

The Education and Public Works Committee proposed the following Amendment No. 1 (COUNCIL\AGM\18966BH11), which was adopted:
Amend the bill, as and if amended, by deleting in their entirety lines 26-42, as contained on page 1, and inserting:
/ Whereas, the act created the Education and Economic Development Coordinating Council (EEDCC) and charged this council to: advise the Department of Education on the implementation of the act; review accountability and performance measures for implementation of the act; designate and oversee the coordination and establishment of regional education centers established pursuant to the act; report annually to the Governor, the General Assembly, the State Board of Education, and other appropriate governing boards on the progress, results, and compliance with the provisions of the act; make recommendations to the Department of Education for the development and implementation of a communication and marketing plan to promote statewide awareness of the provisions of the act; and provide input to the State Board of Education and other appropriate governing boards for the promulgation of regulations to carry out the provisions of the act including, but not limited to, enforcement procedures, which may include monitoring and auditing functions, and addressing consequences for noncompliance; and /

Renumber sections to conform.
Amend title to conform.

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

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

On motion of Rep. WHITMIRE, with unanimous consent, it was ordered that H. 3748 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 3013 (Word version) -- Reps. Cooper, Ballentine, Allison, G. R. Smith, Hamilton and Henderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-1125 SO AS TO PROVIDE THAT A LOCAL SCHOOL DISTRICT IS EXEMPT FROM STATE STATUTES AND REGULATIONS PROMULGATED BY THE STATE BOARD UPON MEETING CERTAIN CONDITIONS, TO REQUIRE THE DISTRICT TO APPLY TO THE STATE BOARD FOR EXEMPTION FROM SPECIFIC STATUTES AND REGULATIONS, TO SPECIFY WHAT THE APPLICATION MUST INCLUDE, TO SPECIFY HOW THE APPLICATION MUST BE MADE, TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT RULES AND PROMULGATE REGULATIONS REGARDING APPLICATION PROCEDURES, TO PROVIDE THAT A LOCAL SCHOOL DISTRICT THAT RECEIVES AN EXEMPTION MUST BE EVALUATED BY THE STATE BOARD AFTER THREE YEARS TO ENSURE THAT IT CONTINUES TO MEET THE NEEDS OF THE STUDENTS OF THE DISTRICT, AND TO PROVIDE FOR SUSPENSION OF THE EXEMPTION UPON CERTAIN CONDITIONS; AND TO REPEAL SECTIONS 59-18-1110 AND 59-18-1120, BOTH RELATING TO EXEMPTION FROM REGULATION.

The Education and Public Works Committee proposed the following Amendment No. 1 (COUNCIL\AGM\18965BH11):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   Chapter 23, Title 59 of the 1976 Code is amended by adding:

"Section 59-23-260.   The facilities of any public or nonprofit private college, university, or technical college, which comply with applicable state, county, and local fire codes, may be used without modification for secondary school students in joint or cooperative programs, which include, but are not limited to, middle or early college programs and dual enrollment programs." /
Renumber sections to conform.
Amend title to conform.

Rep. OWENS explained the amendment.

Rep. HIOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

The following Bill was taken up:

H. 3259 (Word version) -- Reps. Herbkersman and Forrester: A BILL TO AMEND SECTION 56-3-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF GOLF CARTS ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE THAT WHEN A GOLF CART OWNER'S RESIDENCE IS LOCATED WITHIN A GATED COMMUNITY THE TWO-MILE LIMIT WITHIN WHICH A GOLF CART OWNER MAY OPERATE HIS GOLF CART MUST BE MEASURED FROM THE COMMUNITY'S PRIMARY ENTRANCE AND NOT FROM THE OWNER'S RESIDENCE, TO PROVIDE FOR THE OPERATION OF A GOLF CART ALONG A SECONDARY HIGHWAY OR STREET ON CERTAIN SEA ISLANDS, TO PROVIDE A DEFINITION FOR THE TERM "GATED COMMUNITY", AND TO PROVIDE THAT A GOLF CART MAY CROSS CERTAIN SECONDARY HIGHWAYS.

Rep. HERBKERSMAN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

The following Bill was taken up:

H. 3124 (Word version) -- Reps. Pitts and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLES 108, 109, 110, 111, 112, 113, 114, 116, 117, 118, 119, 120, 121, 122, 123, AND 124 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "DISTINGUISHED SERVICE MEDAL" SPECIAL LICENSE PLATES, "SECOND AMENDMENT" SPECIAL LICENSE PLATES, "DISTINGUISHED SERVICE CROSS" SPECIAL LICENSE PLATES, "DEPARTMENT OF NAVY" SPECIAL LICENSE PLATES, "PARENTS AND SPOUSES OF ACTIVE DUTY OVERSEAS VETERANS" SPECIAL LICENSE PLATES, "STATE FLAG" SPECIAL LICENSE PLATES, "SOUTH CAROLINA HIGHWAY PATROL-RETIRED" LICENSE PLATES, "I SUPPORT LIBRARIES" SPECIAL LICENSE PLATES, "SOUTH CAROLINA EDUCATOR" SPECIAL LICENSE PLATES, "COON HUNTERS" LICENSE PLATES, "BEACH MUSIC" SPECIAL LICENSE PLATES, "CITADEL ALUMNI ASSOCIATION 'BIG RED'" SPECIAL LICENSE PLATES, "LARGE MOUTH BASS" SPECIAL LICENSE PLATES, "HIGH SCHOOL" SPECIAL LICENSE PLATES, "SOUTH CAROLINA WILDLIFE FEDERATION" SPECIAL LICENSE PLATES AND "HISTORIC" SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-7330, RELATING TO THE ISSUANCE OF "BOY SCOUTS OF AMERICA" SPECIAL LICENSE PLATES, SO AS TO MAKE TECHNICAL CHANGES AND TO PROVIDE FOR THE ISSUANCE OF "EAGLE SCOUTS OF AMERICA" SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-2150, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO CERTAIN CURRENT AND FORMER ELECTED OFFICIALS AND JUDICIAL OFFICERS, SO AS TO

INCREASE THE NUMBER OF SPECIAL LICENSE PLATES THAT A CORONER MAY BE ISSUED FROM ONE TO TWO; TO AMEND SECTION 56-3-1240, AS AMENDED, RELATING TO THE DISPLAY OF A LICENSE PLATE, SO AS TO PROVIDE THAT A FRAME MAY BE PLACED ON A LICENSE PLATE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-3-10410, RELATING TO THE ISSUANCE OF "VETERAN" SPECIAL LICENSE PLATES, SO AS TO PROVIDE FOR THE PLACEMENT OF THE WHEELCHAIR SYMBOL ON CERTAIN "VETERAN" LICENSE PLATES; TO AMEND SECTION 56-3-3310, AS AMENDED, RELATING TO THE ISSUANCE OF "PURPLE HEART" SPECIAL LICENSE PLATES, SO AS TO INCREASE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PERSON FROM ONE TO THREE AND TO PROVIDE A FEE FOR THE THIRD LICENSE PLATE; TO AMEND SECTION 56-3-8000, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES THAT CONTAIN THE EMBLEM OF A TAX EXEMPT ORGANIZATION, SO AS TO SPECIFY THEIR SIZE, GENERAL DESIGN, PERIOD OF VALIDITY, TO REVISE THEIR COSTS AND DISTRIBUTION OF FEES COLLECTED FROM THEIR SALE, TO REVISE THE MINIMUM NUMBER OF PREPAID APPLICATIONS AND MINIMUM PAYMENT THAT THE DEPARTMENT OF MOTOR VEHICLES MUST RECEIVE BEFORE A SPECIAL LICENSE PLATE MAY BE ISSUED, AND TO PROVIDE THAT THE ORGANIZATION MUST GIVE ITS LEGAL AUTHORITY TO THE DEPARTMENT FOR THE DEPARTMENT'S USE OF THE ORGANIZATION'S LOGO, TRADE MARK, OR DESIGN; AND TO AMEND SECTION 56-3-8100, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES CREATED BY THE GENERAL ASSEMBLY SO AS TO REVISE THE MINIMUM NUMBER OF PREPAID APPLICATIONS AND MINIMUM PAYMENT THAT THE DEPARTMENT OF MOTOR VEHICLES MUST RECEIVE BEFORE A SPECIAL LICENSE PLATE MAY BE ISSUED AND TO REVISE THEIR COSTS AND DISTRIBUTION OF FEES COLLECTED FROM THEIR SALES.

Rep. KING made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not

been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

The following Bill was taken up:

H. 3431 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "JOHN'S LAW" BY ADDING SECTION 57-1-80 SO AS TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO PUBLISH ITS LIST OF RAILROAD CROSSINGS AT WHICH IT PLANS TO INSTALL CROSSING ARMS, PLACE TRAFFIC STOP SIGNS AT DANGEROUS CROSSING LOCATIONS UNTIL CROSSING ARMS ARE INSTALLED, AND INCREASE THE NUMBER OF INSTALLATIONS OF CROSSING ARMS AT DANGEROUS RAILROAD CROSSINGS THROUGHOUT THE STATE.

Rep. DANING made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

Rep. J. M. NEAL moved to adjourn debate upon the following Bill until Tuesday, April 12, which was adopted:

S. 38 (Word version) -- Senators McConnell, L. Martin and Campsen: A BILL TO AMEND SECTION 56-19-240 OF THE 1976 CODE, RELATING TO THE FORM AND CONTENT OF APPLICATIONS FOR VEHICLE TITLES, TO PROVIDE THAT THE APPLICANT MUST PROVIDE WITH THE APPLICATION A VALID DRIVER'S LICENSE OR IDENTIFICATION CARD IF THE APPLICANT IS AN INDIVIDUAL, TO PROVIDE THAT THE APPLICANT MUST PROVIDE A SOCIAL SECURITY NUMBER FOR A SOLE PROPRIETOR OR FEDERAL EMPLOYER IDENTIFICATION NUMBER AND THE PHYSICAL ADDRESS OF THE BONA FIDE PLACE OF BUSINESS IF THE APPLICANT IS A BUSINESS, AND

TO PROHIBIT TITLING VEHICLES PURCHASED FOR OPERATION IN A FOREIGN JURISDICTION.

The following Bill was taken up:

H. 3731 (Word version) -- Reps. Owens, Brantley, Daning, Brannon, Atwater, Patrick, Erickson, Bowen, R. L. Brown, Crosby, Long, Taylor and Willis: A BILL TO AMEND SECTION 56-27-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERM AND COST OF A PROFESSIONAL HOUSEMOVING LICENSE, SO AS TO REVISE THE ANNUAL RENEWAL FEE; AND TO AMEND SECTION 57-3-130, AS AMENDED, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S SPECIAL PERMITS THAT AUTHORIZE A PERSON TO OPERATE OR MOVE A VEHICLE THAT EXCEEDS A CERTAIN SIZE, SO AS TO PROVIDE THAT THE DEPARTMENT MAY DETERMINE THE MAXIMUM SPEEDS AT WHICH PERMITTED LOADS MAY OPERATE, TO PROVIDE THAT FOR A LOAD TRAVELING UNDER POLICE ESCORT, THE ESCORT OFFICER MAY EXERCISE DISCRETION WHEN TEMPORARILY MOVING OUT OF THE TRAVELED WAY, AND TO PROVIDE AN ADDITIONAL IMPACT FEE FOR LOADS THAT EXCEED FIVE HUNDRED THOUSAND POUNDS.

Rep. DANING made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

The following Joint Resolution was taken up, read the second time, and ordered to a third reading:

S. 629 (Word version) -- Senators Sheheen, Setzler, Lourie, Coleman, Malloy, Reese, Anderson, Hayes, Courson, Matthews, Land, Nicholson and Ford: A JOINT RESOLUTION TO REQUIRE LOCAL SCHOOL DISTRICTS TO DECIDE AND NOTIFY TEACHERS OF THEIR EMPLOYMENT FOR THE 2011-2012 SCHOOL YEAR BY MAY

15, 2011; TO REQUIRE TEACHERS WHO ARE REEMPLOYED BY WRITTEN NOTIFICATION TO NOTIFY THE DISTRICT BOARD OF THEIR ACCEPTANCE WITHIN TEN DAYS OF RECEIPT OF WRITTEN NOTIFICATION OF EMPLOYMENT; AND TO ALLOW DISTRICTS TO UNIFORMLY NEGOTIATE SALARIES OF CERTAIN RETIRED TEACHERS BELOW THE DISTRICT SALARY SCHEDULE.

Rep. COOPER explained the Joint Resolution.

On motion of Rep. COOPER, with unanimous consent, it was ordered that S. 629 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 3994 (Word version) -- Reps. Stavrinakis and McCoy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-245 SO AS TO PROVIDE THAT PUBLIC SWIMMING POOLS OPERATED BY THE STATE, OR A POLITICAL SUBDIVISION OF THE STATE, MUST HAVE ONE LIFEGUARD FOR EVERY FORTY SWIMMERS AND IF THERE ARE MORE THAN FORTY SWIMMERS, THERE MUST BE ONE LIFEGUARD FOR EVERY TWENTY SWIMMERS, WITH MORE TO BE ADDED IF NEEDED.

Rep. STAVRINAKIS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

Rep. SANDIFER asked unanimous consent to recall S. 295 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. OTT objected.

Rep. LOFTIS asked unanimous consent to recall H. 3346 (Word version) from the Committee on Ways and Means.
Rep. HART objected.

Rep. SKELTON asked unanimous consent to recall H. 3109 (Word version) from the Committee on Judiciary.
Rep. HARRISON objected.

Rep. KING asked unanimous consent to recall H. 3919 (Word version) from the Committee on Judiciary.
Rep. VIERS objected.

Rep. KING asked unanimous consent to recall H. 3954 (Word version) from the Committee on Judiciary.
Rep. HARRISON objected.

The Senate Amendments to the following Bill were taken up for consideration:

H. 3003 (Word version) -- Reps. Clemmons, Harrell, Lucas, Bingham, Harrison, Cooper, Owens, Sandifer, Allison, Ballentine, Bannister, Barfield, Bowen, Cole, Crawford, Daning, Delleney, Forrester, Frye, Gambrell, Hamilton, Hardwick, Hiott, Horne, Huggins, Limehouse, Loftis, Long, Lowe, Merrill, V. S. Moss, Norman, Parker, G. M. Smith, G. R. Smith, Sottile, Stringer, Toole, Umphlett, Viers, White, Crosby, Thayer, Simrill, Ryan, McCoy, Murphy, Atwater, Henderson, Quinn, Tallon, Patrick, J. R. Smith, Hixon, Taylor, Young, Bedingfield, Corbin, Pitts, Chumley, Spires, Pope, Bikas, Pinson, D. C. Moss, Erickson, Willis, Brady, Herbkersman, Nanney, Brannon and Whitmire: A BILL RELATING TO REFORM OF THE SOUTH CAROLINA ELECTION LAWS BY ENACTING THE "SOUTH CAROLINA ELECTION REFORM ACT"; TO AMEND SECTION 7-13-710 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE PHOTOGRAPH IDENTIFICATION TO VOTE, PERMITTING FOR PROVISIONAL BALLOTS IF THE IDENTIFICATION CANNOT BE PRODUCED, AND TO PROVIDE

AN EXCEPTION FOR A RELIGIOUS OBJECTION TO BEING PHOTOGRAPHED; TO AMEND SECTION 7-5-125, SO AS TO PROVIDE THAT AN ELECTOR MAY OBTAIN A DUPLICATE REGISTRATION NOTIFICATION; TO AMEND SECTION 56-1-3350, SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE FREE IDENTIFICATION CARDS UPON REQUEST FOR PERSONS AGED SEVENTEEN YEARS OR OLDER; TO AMEND SECTION 7-13-25, SO AS TO PROVIDE FOR AN EARLY VOTING PERIOD BEGINNING FIFTEEN DAYS BEFORE A STATEWIDE PRIMARY OR GENERAL ELECTION AND TO PROVIDE FOR THE HOURS AND EARLY VOTING LOCATION; TO AMEND SECTION 7-3-20, SO AS TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE ELECTIONS COMMISSION TO MAINTAIN IN THE MASTER FILE A SEPARATE DESIGNATION FOR ABSENTEE AND EARLY VOTERS IN A GENERAL ELECTION; TO AMEND SECTION 7-15-320, SO AS TO REFERENCE THE EARLY VOTING PERIOD PURSUANT TO SECTION 7-13-25 AND TO PROVIDE FOR CASTING OF AN ABSENTEE BALLOT BY PAPER OR BY A VOTING MACHINE AND ABSENTEE BALLOT CENTERS; TO AMEND SECTION 7-1-25, SO AS TO LIST FACTORS TO CONSIDER FOR DOMICILE; TO ADD SECTION 7-5-675, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION WILL IMPLEMENT A SYSTEM TO ISSUE VOTER REGISTRATION CARDS WITH A PHOTOGRAPH OF THE VOTER; TO PROVIDE FOR A VOTER EDUCATION PROGRAM CONCERNING THE REQUIREMENTS OF THIS BILL; AND TO AMEND SECTIONS 7-15-330, 7-15-385, AND 7-5-230, ALL RELATING TO ELECTION LAWS, SO AS TO MAKE TECHNICAL CHANGES.

Rep. CLEMMONS moved to adjourn debate on the Bill until Tuesday, April 5, which was agreed to.

The Senate Amendments to the following Bill were taken up for consideration:

H. 3004 (Word version) -- Reps. Ballentine, Norman, Viers, Lucas, Simrill, Huggins, G. M. Smith, G. R. Smith, Loftis, Bedingfield, Hamilton, Stringer,

Nanney, Lowe, Young, Willis, Bowen, D. C. Moss, Agnew, Pope, Daning, Thayer, Harrison, Allison, Taylor, Ryan, McCoy, Hixon, Bingham, Long, Whipper, R. L. Brown, Atwater, Henderson, Horne and Harrell: A BILL TO ENACT THE "SPENDING ACCOUNTABILITY ACT OF 2011"; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-125 SO AS TO REQUIRE CERTAIN BILLS AND JOINT RESOLUTIONS TO RECEIVE A RECORDED ROLL CALL VOTE AT VARIOUS STAGES OF THEIR PASSAGE BY THE HOUSE OF REPRESENTATIVES AND THE SENATE.

Rep. BALLENTINE explained the Senate Amendments.

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               Battle                 Bikas
Bingham                Bowen                  Bowers
Brady                  Brannon                Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Chumley                Clyburn                Cobb-Hunter
Cole                   Cooper                 Corbin
Crawford               Crosby                 Daning
Delleney               Dillard                Erickson
Forrester              Frye                   Funderburk
Gambrell               Gilliard               Govan
Hamilton               Hardwick               Harrell
Harrison               Hart                   Hayes
Hearn                  Henderson              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. M. Neal             Neilson
Norman                 Ott                    Owens
Parker                 Parks                  Patrick
Pinson                 Pitts                  Pope
Quinn                  Ryan                   Sabb
Sandifer               Sellers                Simrill
Skelton                G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Toole
Tribble                Viers                  Weeks
White                  Whitmire               Williams
Willis                 Young

Those who voted in the negative are:

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 3267 (Word version) -- Reps. Sellers, G. M. Smith and Pitts: A BILL TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND OPERATION OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES AND THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO TRANSFER ALL FUNCTIONS, POWERS, DUTIES, RESPONSIBILITIES AND AUTHORITY STATUTORILY EXERCISED BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO THE DEPARTMENT OF CORRECTIONS, DIVISION OF PROBATION, PAROLE AND PARDON SERVICES.

The following House Resolution was taken up:

H. 3977 (Word version) -- Reps. Barfield, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, 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, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO COMMEND THE REPUBLIC OF CHINA (TAIWAN) FOR ITS RELATIONS WITH THE UNITED STATES AND FOR OTHER PURPOSES.

The Resolution was adopted.

The following Concurrent Resolution was taken up:

H. 3978 (Word version) -- Rep. Barfield: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG VALLEY FORGE ROAD IN HORRY COUNTY LOCATED BETWEEN ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 410 AND LOUISVILLE ROAD "ELISHA TYLER MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "ELISHA TYLER MEMORIAL BRIDGE".

The Concurrent Resolution was adopted and sent to the Senate.

The motion period was dispensed with on motion of Rep. MCCOY.

Rep. CLEMMONS moved to adjourn debate upon the following Bill until Tuesday, April 5, which was adopted:

H. 3658 (Word version) -- Reps. Clemmons, Harrell, Loftis, Herbkersman, Merrill, Corbin, Norman, D. C. Moss, Quinn, Bowen, Forrester, McCoy, Lucas, Bedingfield, Hamilton, Bingham, Hardwick, Owens, Bikas, Parker, Cooper, Erickson, Frye, V. S. Moss, Long, G. R. Smith, Atwater, Huggins, Murphy, Hearn, Whitmire, Brannon, Chumley, Tallon, Taylor, Limehouse, Patrick, Crosby, Thayer, Sottile, Crawford, Viers, Allison, Ballentine, Barfield, Cole, Daning, Delleney, Edge, Gambrell, Harrison, Henderson, Hixon, Lowe, Nanney, Pinson, Pitts, Sandifer, Simrill, G. M. Smith, J. R. Smith, Toole, Willis and Horne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA EMPLOYER FREE SPEECH ACT" BY ADDING SECTION 41-7-110 SO AS TO PROVIDE THAT AN EMPLOYER IN THIS STATE IS NOT REQUIRED TO POST, PHYSICALLY, ELECTRONICALLY, OR OTHERWISE, NOTICES INFORMING EMPLOYEES OF THEIR RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT, COURT DECISIONS IMPLEMENTING THOSE RIGHTS, OR INFORMATION PERTAINING TO THE ENFORCEMENT OF THOSE RIGHTS, AND TO PROVIDE DEFINITIONS.

The following Bill was taken up:

H. 3562 (Word version) -- Reps. Ott, Hardwick, Brady, Spires, Butler Garrick, Vick, Jefferson, McEachern, Munnerlyn, Knight, Sabb, Gambrell, Anderson, Hiott, Hodges, Dillard, Allen, Battle, Hosey, Weeks and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 50 SO AS TO ENACT "CHANDLER'S LAW" SO AS TO PROVIDE FOR REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES INCLUDING MINIMUM AGE REQUIREMENTS FOR THE OPERATION OF ALL-TERRAIN VEHICLES, SAFETY COURSE COMPLETION REQUIREMENTS, SAFETY EQUIPMENT REQUIREMENTS, AND PASSENGER RIDING REQUIREMENTS, TO PROVIDE FOR THE

ENFORCEMENT OF THE PROVISIONS CONTAINED IN THIS CHAPTER, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND BY ADDING ARTICLE 9 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (COUNCIL\SWB\5180CM11), which was adopted:
Amend the bill, as and if amended, Section 50-26-30(A), as contained in SECTION 1, by deleting / nine / on line 8, page 2, and inserting / six /
Amend the bill further, Section 50-26-40(H), as contained in SECTION 1, by deleting Section 50-26-40(H), and inserting:
/   (H)   It is unlawful to operate an all-terrain vehicle in a reckless manner. /
Amend the bill further, Section 50-26-70, as contained in SECTION 1, page 3, by deleting Section 50-26-70 and inserting:
/ Section 50-26-70.   This chapter does not apply to:

(1)   an owner, operator, lessor, or renter of a farm or ranch, or that person's employees, immediate family, or household members, when operating an all-terrain vehicle while engaged in farming or ranching operations; or

(2)   a person using an all-terrain vehicle for hunting or trapping purposes if the person otherwise is lawfully engaged in those activities." /
Renumber sections to conform.
Amend title to conform.

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

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle

Bowen                  Bowers                 Brady
Brantley               G. A. Brown            R. L. Brown
Clyburn                Cobb-Hunter            Crosby
Daning                 Dillard                Funderburk
Gambrell               Gilliard               Govan
Hardwick               Harrell                Harrison
Hayes                  Hiott                  Hodges
Horne                  Hosey                  Huggins
Jefferson              King                   Knight
Limehouse              Lowe                   Lucas
Mack                   McLeod                 Mitchell
V. S. Moss             Munnerlyn              J. M. Neal
Neilson                Ott                    Parker
Parks                  Pope                   Quinn
Rutherford             Sabb                   Sandifer
Sellers                Skelton                Sottile
Spires                 Stavrinakis            Tribble
Vick                   Weeks                  Whipper
Whitmire               Williams

Those who voted in the negative are:

Allison                Atwater                Bikas
Brannon                Chumley                Clemmons
Cole                   Cooper                 Corbin
Crawford               Delleney               Erickson
Forrester              Frye                   Hamilton
Hearn                  Henderson              Hixon
Loftis                 Long                   McCoy
Merrill                D. C. Moss             Murphy
Nanney                 Norman                 Owens
Patrick                Pinson                 Pitts
Ryan                   Simrill                G. R. Smith
J. R. Smith            Stringer               Tallon
Taylor                 Thayer                 Viers
White                  Willis                 Young

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

I voted "yea" on H. 3562, so I could bring this issue back to the floor of the House for reconsideration. I am opposed to the Bill, since it removes my right to enjoy my private property in a manner in which I choose.

Rep. Phillip Lowe

Rep. AGNEW asked unanimous consent that H. 3562 (Word version) be read a third time tomorrow.
Rep. VIERS objected.

Rep. SANDIFER moved to adjourn debate upon the following Bill until Tuesday, April 5, which was adopted:

H. 3735 (Word version) -- Reps. Loftis, Chumley, Neilson, Hamilton, Sandifer, J. R. Smith, Whitmire, Thayer, Corbin, Clemmons, G. M. Smith, Hardwick, Hearn, Barfield, White and Viers: 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.

The following Joint Resolution was taken up:

S. 434 (Word version) -- Senators Peeler, Bryant, Bright and Campsen: A JOINT RESOLUTION TO SUSPEND PROVISOS 21.11, 21.15, AND 21.20 OF PART IB, ACT 291 OF 2010, THE FISCAL YEAR 2010-2011 GENERAL APPROPRIATIONS BILL, AND TO SUSPEND A

PORTION OF PROVISO 89.87 PROHIBITING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FROM REDUCING PROVIDER RATES.

Rep. SELLERS moved to adjourn debate on the Joint Resolution until Tuesday, April 5.

Rep. HIOTT moved to table the motion.

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

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bikas                  Bingham
Bowen                  Brady                  Brannon
Chumley                Clemmons               Cole
Cooper                 Corbin                 Crosby
Daning                 Delleney               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
Norman                 Owens                  Parker
Patrick                Pinson                 Pitts
Pope                   Quinn                  Ryan
Sandifer               Simrill                Skelton
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Thayer                 Toole
Tribble                Viers                  White
Whitmire               Willis                 Young

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Battle
Bowers                 Branham                Brantley
G. A. Brown            H. B. Brown            Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Govan                  Hart
Hayes                  Hodges                 Hosey
Jefferson              King                   Knight
Mack                   McLeod                 Mitchell
Munnerlyn              J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Sabb                   Sellers                Stavrinakis
Vick                   Weeks                  Whipper
Williams

So, the motion to adjourn debate was tabled.

Rep. SELLERS proposed the following Amendment No. 1 (COUNCIL\NBD\11539DG11), which was ruled out of order:
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___.   There is created the Physician's Enhanced Plan Study Committee. The committee shall be comprised of eight members. The Chairman of Senate Finance shall appoint four members and the Chairman of the House Ways and Means Committee shall appoint four members. The committee shall study the feasibility and potential cost savings of creating a plan similar to the Physician's Enhanced Plan that develops a process to manage Medicaid costs by having Medicaid patients associate with a primary-care physician who serves as the patient's 'medical home.' The participating physicians and practices must be available twenty-four hours a day, seven days a week, and shall deliver its patients medical care in their offices and in hospitals for a monthly fee. The committee shall deliver its findings to the General Assembly by February 15, 2012, at which time the committee is dissolved.   /
Renumber sections to conform.
Amend title to conform.

Rep. SELLERS explained the amendment.

Rep. SKELTON raised the Rule 9.3 Point of Order that Amendment No. 1 was not germane to the bill.
Rep. SELLER spoke against the Point of Order.
SPEAKER HARRELL stated that H. 434 was narrow in scope and dealt with reductions in Medicaid provider rates, and Amendment No. 1 was broader in scope and not relating to Medicaid provider rates. He sustained the Point of Order and ruled Amendment No. 1 out of order.

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

Rep. SELLERS proposed the following Amendment No. 2 (COUNCIL\MS\7343AHB11), which was ruled out of order:
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   Notwithstanding the provisions of Section 12-21-625, the surtax imposed on cigarettes subject to the tax imposed pursuant to Section 12-21-620(1) must be in an amount equal to the national cigarette tax average. The national cigarette tax average must be determined by the Department of Revenue on January 1 of each year. Additional taxes collected pursuant to the requirements of this section over and above the two and one-half cents tax on each cigarette as provided in Section 12-21-625 are to be distributed to the smoking prevention and cessation trust fund created pursuant to Section 11-11-230(A) at the level recommended by the Center for Disease Control and the remaining taxes collected must be deposited in the South Carolina Medicaid Reserve Fund created pursuant to Section 11-11-230(B). /
Renumber sections to conform.
Amend title to conform.

Rep. SELLERS explained the amendment.

Rep. SKELTON raised the Rule 9.3 Point of Order that Amendment No. 2 was not germane to the bill.
Rep. SELLER spoke against the Point of Order.

SPEAKER HARRELL sustained the Point of Order and ruled Amendment No. 2 out of order.

Rep. SELLERS proposed the following Amendment No. 3 (COUNCIL\NBD\11538AC11), which was ruled out of order:
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   Notwithstanding the provisions of Section 12-23-810(C) or any other provision of law, for fiscal year 2011-2012 through fiscal year 2016-2017 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 annually and expended as provided for in Section 44-6-155.   /
Renumber sections to conform.
Amend title to conform.

Rep. SELLERS explained the amendment.

Rep. SKELTON raised the Rule 9.3 Point of Order that Amendment No. 3 was not germane to the Bill.
Rep. SELLER spoke against the Point of Order.
SPEAKER HARRELL sustained the Point of Order and ruled Amendment No. 3 out of order.

Rep. SELLERS proposed the following Amendment No. 5 (COUNCIL\MS\7330AHB11), which was tabled:
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   The provisions of SECTION 1 do not apply to a hospital currently running a deficit. /
Renumber sections to conform.
Amend title to conform.

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

Rep. COOPER moved cloture on the entire matter.

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

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               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
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 Norman
Owens                  Parker                 Patrick
Pinson                 Pitts                  Pope
Quinn                  Ryan                   Sandifer
Simrill                Skelton                G. R. Smith
J. R. Smith            Sottile                Spires
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble
Viers                  White                  Willis
Young

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Battle
Bowers                 Branham                Brantley
G. A. Brown            H. B. Brown            Butler Garrick
Clyburn                Cobb-Hunter            Dillard
Funderburk             Gilliard               Govan
Hart                   Hayes                  Hodges
Hosey                  Howard                 Jefferson
King                   Knight                 Mack

McEachern              McLeod                 Mitchell
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Sabb
Sellers                J. E. Smith            Stavrinakis
Weeks                  Whipper                Williams

So, cloture was ordered.

Rep. KING moved that the House do now adjourn.

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

Those who voted in the affirmative are:

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

Those who voted in the negative are:

Allison                Ballentine             Bannister
Barfield               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
Knight                 Loftis                 Long
Lowe                   Lucas                  McCoy
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 Norman
Owens                  Parker                 Pinson
Pitts                  Pope                   Quinn
Ryan                   Sandifer               Simrill
Skelton                G. R. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Viers
White                  Willis                 Young

So, the House refused to adjourn.

Rep. OTT spoke in favor of the amendment.

Rep. COOPER moved to table the amendment.

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

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bikas                  Bingham
Bowen                  Brady                  Brannon
Chumley                Clemmons               Cole
Cooper                 Corbin                 Crosby
Daning                 Delleney               Edge
Erickson               Forrester              Frye
Gambrell               Hamilton               Hardwick
Harrell                Hearn                  Henderson
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. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Thayer                 Toole
Tribble                White                  Willis
Young

Those who voted in the negative are:

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

So, the amendment was tabled.

Rep. SELLERS proposed the following Amendment No. 6 (COUNCIL\MS\7331AHB11), which was tabled:
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   The provisions of SECTION 1 do not apply to a hospital with a current profit margin of less than five percent. /

Renumber sections to conform.
Amend title to conform.

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

Rep. COOPER moved to table the amendment.

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

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bikas                  Bingham
Bowen                  Brady                  Brannon
Chumley                Clemmons               Cole
Cooper                 Corbin                 Crosby
Daning                 Delleney               Edge
Erickson               Forrester              Frye
Gambrell               Hamilton               Hardwick
Harrell                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. R. Smith            J. R. Smith
Sottile                Spires                 Stringer
Tallon                 Taylor                 Toole
Tribble                Viers                  White
Willis                 Young

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Bowers
Branham                Brantley               G. A. Brown
H. B. 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
Parks                  Rutherford             Sabb
Sellers                J. E. Smith            Stavrinakis
Weeks                  Whipper                Williams

So, the amendment was tabled.

Rep. SELLERS proposed the following Amendment No. 11 (COUNCIL\MS\7336AHB11), which was tabled:
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   The provisions of SECTION 1 do not apply to rural hospitals. /
Renumber sections to conform.
Amend title to conform.

Rep. COBB-HUNTER explained the amendment.
Rep. COOPER moved to table the amendment.

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

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bikas                  Bingham
Bowen                  Brady                  Brannon
Chumley                Clemmons               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                  Merrill
D. C. Moss             V. S. Moss             Murphy
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                  Willis
Young

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Bowers                 Branham                Brantley
G. A. Brown            H. B. 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
Neilson                Ott                    Parks
Rutherford             Sabb                   Sellers
J. E. Smith            Weeks                  Whipper
Williams

So, the amendment was tabled.

Rep. SELLERS proposed the following Amendment No. 12 (COUNCIL\MS\7337AHB11), which was tabled:
Amend the joint resolution, as and if amended, SECTION 1, by adding an appropriately lettered subsection to read:
/ ( )   Notwithstanding the provisions of this SECTION, provider rates may not be reduced by more than 2.5 percent from their current levels. /
Renumber sections to conform.
Amend title to conform.

Rep. GOVAN explained the amendment.

Rep. COOPER moved to table the amendment.

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

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bikas                  Bingham
Bowen                  Brady                  Brannon
Chumley                Clemmons               Cole
Cooper                 Corbin                 Crosby
Daning                 Delleney               Edge
Erickson               Forrester              Frye
Gambrell               Hamilton               Hardwick
Harrell                Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Horne                  Huggins                Limehouse
Loftis                 Long                   Lucas
McCoy                  Merrill                D. C. Moss
V. S. Moss             Murphy                 Nanney
Norman                 Parker                 Patrick
Pinson                 Pitts                  Pope
Quinn                  Ryan                   Sandifer
Simrill                Skelton                G. R. Smith
J. R. Smith            Sottile                Spires
Stringer               Tallon                 Taylor

Thayer                 Toole                  Viers
White                  Willis                 Young

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Bales                  Bowers
G. A. Brown            H. B. 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
Neilson                Ott                    Parks
Rutherford             Sabb                   Sellers
J. E. Smith            Stavrinakis            Weeks
Whipper                Williams

So, the amendment was tabled.

Rep. SELLERS proposed the following Amendment No. 13 (COUNCIL\MS\7338AHB11), which was tabled:
Amend the joint resolution, as and if amended, SECTION 1, by adding an appropriately lettered subsection to read:
/ ( )   Notwithstanding the provisions of this SECTION, provider rates may not be reduced by more than two percent from their current levels. /
Renumber sections to conform.
Amend title to conform.

Rep. COOPER moved to table the amendment, which was agreed to, by a division vote of 52 to 31.

Rep. OTT proposed the following Amendment No. 17 (COUNCIL\AGM\18971AB11), which was tabled:

Amend the joint resolution, as and if amended, SECTION 1(A), line 21, by deleting / 21.11, 21.15, and 21.20 / and inserting / 21.11 and 21.15 /.
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

Rep. COOPER moved to table the amendment.

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

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bikas                  Bingham
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
Norman                 Owens                  Parker
Patrick                Pinson                 Pitts
Pope                   Quinn                  Ryan
Sandifer               Simrill                Skelton
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Thayer                 Toole
Tribble                Viers                  White
Willis                 Young

Those who voted in the negative are:

Allen                  Anthony                Bales
Bowers                 Branham                G. A. Brown
H. B. 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             Neilson
Ott                    Parks                  Rutherford
Sabb                   Sellers                Stavrinakis
Weeks                  Whipper                Williams

So, the amendment was tabled.

Rep. OTT proposed the following Amendment No. 21 (COUNCIL\NBD\11547AC11), which was tabled:
Amend the joint resolution, as and if amended, SECTION 1, page 1, after line 41, by adding an appropriately numbered subsection to read:
/   ( )   Prior to implementing any rate reduction, the Department of Health and Human Services must provide public notice and a fifteen day public comment period./
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

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

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bikas                  Bingham
Brady                  Brannon                Chumley
Clemmons               Cole                   Cooper
Corbin                 Crosby                 Daning

Delleney               Edge                   Erickson
Forrester              Frye                   Gambrell
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Henderson
Hiott                  Hixon                  Horne
Huggins                Limehouse              Loftis
Lowe                   Lucas                  McCoy
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 Norman
Parker                 Patrick                Pinson
Pitts                  Pope                   Quinn
Ryan                   Sandifer               Simrill
Skelton                G. R. Smith            J. R. Smith
Sottile                Stringer               Tallon
Taylor                 Thayer                 Toole
Tribble                Viers                  White
Willis                 Young

Those who voted in the negative are:

Alexander              Allen                  Anderson
Bales                  Bowers                 Branham
Brantley               G. A. Brown            H. B. Brown
Butler Garrick         Clyburn                Cobb-Hunter
Funderburk             Gilliard               Govan
Hart                   Hayes                  Hodges
Hosey                  Howard                 Jefferson
King                   Knight                 Mack
McEachern              McLeod                 Mitchell
Munnerlyn              J. H. Neal             J. M. Neal
Ott                    Parks                  Sabb
J. E. Smith            Spires                 Stavrinakis
Weeks                  Whipper                Williams

So, the amendment was tabled.

Rep. OTT proposed the following Amendment No. 22 (COUNCIL\NBD\11549DG11), which was tabled:

Amend the joint resolution, as and if amended, SECTION 1, page 1, by striking subsection (B) and inserting:

(B)(1)   The Department of Health and Human Services shall study the effects of a potential suspension of the portion of Proviso 89.87 of Part 1B, Act 291 of 2010, that prohibits the Department of Health and Human Services from reducing provider rates from their current levels. The department shall conduct a comparative analysis of the reduced rates with private rates and Medicare rates and the potential impact on access to services. The department shall submit a report with the contents of the analysis to the General Assembly upon the conclusion of the analysis.

(2)   After receipt of the department's report, the General Assembly may suspend that portion of Proviso 89.87 of Part IB, Act 291 of 2010 that prohibits the Department of Health and Human Services from reducing provider rates from their current levels and expresses that this proviso is not intended to restrict the annual updating of cost base rates and those rates which are indexed to methodologies described in the Medicaid State Plan. /
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

Rep. COOPER moved to table the amendment.

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

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bikas                  Bingham
Brady                  Brannon                Chumley
Clemmons               Cole                   Cooper
Corbin                 Crosby                 Daning
Delleney               Edge                   Erickson
Forrester              Frye                   Gambrell
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Henderson
Hiott                  Hixon                  Horne
Huggins                Limehouse              Long

Lucas                  McCoy                  Merrill
D. C. Moss             V. S. Moss             Murphy
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                  Willis
Young

Those who voted in the negative are:

Allen                  Anderson               Bales
Bowers                 Branham                Brantley
G. A. Brown            H. B. Brown            Butler Garrick
Clyburn                Cobb-Hunter            Funderburk
Gilliard               Govan                  Hart
Hayes                  Hodges                 Hosey
Howard                 Jefferson              King
Knight                 Mack                   McEachern
McLeod                 Mitchell               Munnerlyn
J. M. Neal             Neilson                Ott
Parks                  Rutherford             Sabb
J. E. Smith            Weeks                  Whipper
Williams

So, the amendment was tabled.

Rep. OTT proposed the following Amendment No. 26 (COUNCIL\AGM\18972AB11), which was tabled:
Amend the joint resolution, as and if amended, SECTION 1, by adding and appropriately numbered subsection at the end to read:
/   (D)   Six months after implementation of prior authorization for mental health medications, DHHS must measure and report to the Legislature the costs per prescription of implementing prior

authorizations for medications to treat major depression, schizophrenia, or bipolar disorder." /
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

Rep. COOPER moved to table the amendment.

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

Those who voted in the affirmative are:

Allison                Ballentine             Barfield
Bikas                  Bingham                Brannon
Chumley                Clemmons               Cole
Cooper                 Corbin                 Crosby
Edge                   Erickson               Forrester
Frye                   Gambrell               Hamilton
Hardwick               Harrell                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                  Quinn
Ryan                   Sandifer               Skelton
G. R. Smith            J. R. Smith            Sottile
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble
White                  Willis                 Young

Those who voted in the negative are:

Alexander              Allen                  Anderson
Bales                  Bowers                 Brady
Branham                Brantley               G. A. Brown

H. B. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Daning                 Delleney
Dillard                Funderburk             Gilliard
Govan                  Harrison               Hart
Hayes                  Hodges                 Hosey
Howard                 Jefferson              King
Knight                 Mack                   McEachern
McLeod                 Mitchell               Munnerlyn
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Pope
Rutherford             Sabb                   Sellers
Simrill                J. E. Smith            Spires
Stavrinakis            Vick                   Viers
Weeks                  Whipper                Williams

So, the amendment was tabled.

Rep. HART moved to adjourn debate on the Bill until Tuesday, April 5.

Rep. HIOTT moved to table the motion.

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

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bikas                  Bingham
Brady                  Brannon                Chumley
Cole                   Cooper                 Corbin
Crosby                 Daning                 Delleney
Edge                   Erickson               Forrester
Frye                   Gambrell               Hamilton
Hardwick               Harrell                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. R. Smith
J. R. Smith            Sottile                Spires
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble
Viers                  White                  Willis
Young

Those who voted in the negative are:

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

So, the motion to adjourn debate was tabled.

Rep. SELLERS proposed the following Amendment No. 38 (COUNCIL\NBD\11550DG11), which was tabled:
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___.   If provider rates are reduced below the rate on July 1, 2010, thereby potentially affecting access to service, it is necessary to formulate a plan that prevents a disruption in service. In order to accomplish that objective and insure that the patients in this

State receive medical attention, there is created the Physician's Enhanced Plan Study Committee. The committee shall be comprised of eight members. The Chairman of Senate Finance shall appoint four members and the Chairman of the House Ways and Means Committee shall appoint four members. The committee shall study the feasibility and potential cost savings of creating a plan similar to the Physician's Enhanced Plan that develops a process to manage Medicaid costs by having Medicaid patients associate with a primary-care physician who serves as the patient's 'medical home.' The participating physicians and practices must be available twenty-four hours a day, seven days a week, and shall deliver its patients medical care in their offices and in hospitals for a monthly fee. The committee shall deliver its findings to the General Assembly by February 15, 2012, at which time the committee is dissolved.   /
Renumber sections to conform.
Amend title to conform.

Rep. COOPER moved to table the amendment.

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

Those who voted in the affirmative are:

Ballentine             Bannister              Bikas
Bingham                Brady                  Brannon
Chumley                Clemmons               Cole
Cooper                 Corbin                 Crosby
Daning                 Edge                   Erickson
Forrester              Frye                   Gambrell
Hardwick               Harrell                Harrison
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Horne
Huggins                Limehouse              Loftis
Long                   Lucas                  McCoy
Merrill                D. C. Moss             V. S. Moss
Nanney                 Norman                 Owens
Parker                 Patrick                Pinson
Pitts                  Pope                   Quinn
Ryan                   Simrill                Skelton
G. R. Smith            J. R. Smith            Sottile

Spires                 Stringer               Tallon
Taylor                 Toole                  Tribble
Viers                  White                  Willis
Young

Those who voted in the negative are:

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

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 39 (COUNCIL\MS\7347AHB11), which was tabled:
Amend the joint resolution, as and if amended, SECTION 1, by amending subsection (B) to read:
/   (B)     To the extent that Proviso 89.87 of Part IB, Act 291 of 2010 prohibits the Department of Health and Human Services from reducing provider rates from their current levels and expresses that this proviso is not intended to restrict the annual updating of cost base rates and those rates which are indexed to methodologies described in the Medicaid State Plan, this portion of the proviso is suspended. The remaining portion of Proviso 89.87 remains in effect and continues to have the force of law. The suspension of that portion of Proviso 89.87 of Part IB, Act 291 of 2010 that is suspended pursuant to the provisions of this subsection does not apply to provider rates of rural hospitals.

For purposes of this subsection, "rural hospitals" means rural health centers, or RHC's, as defined by federal law which is any nonurbanized area. /
Renumber sections to conform.
Amend title to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. COOPER moved to table the amendment.

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

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bikas                  Bingham
Brady                  Brannon                Chumley
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                   Simrill
Skelton                G. R. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Toole                  Tribble                Viers
White                  Willis                 Young

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Bowers                 Branham                Brantley
H. B. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Govan                  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                  Williams

So, the amendment was tabled.

Rep. SELLERS proposed the following Amendment No. 40 (COUNCIL\NBD\11550DG11), which was ruled out of order:
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___.   If provider rates are reduced below the rate on July 1, 2010, thereby potentially affecting access to service, it is necessary to formulate a plan that prevents a disruption in service. In order to accomplish that objective and insure that the patients in this State receive medical attention, there is created the Physician's Enhanced Plan Study Committee. The committee shall be comprised of eight members. The Chairman of Senate Finance shall appoint four members and the Chairman of the House Ways and Means Committee shall appoint four members. The committee shall study the feasibility and potential cost savings of creating a plan similar to the Physician's Enhanced Plan that develops a process to manage Medicaid costs by having Medicaid patients associate with a primary-care physician who serves as the patient's 'medical home.' The participating physicians and practices must be available twenty-four hours a day, seven days a week, and shall deliver its patients medical care in their offices and in hospitals for a monthly fee. The committee shall deliver its findings to

the General Assembly by February 15, 2012, at which time the committee is dissolved.   /
Renumber sections to conform.
Amend title to conform.

Rep. SELLERS explained the amendment.

Rep. SKELTON raised the Point of Order that Amendment No. 40 was out of order in that it was identical to Amendment No. 38, which was previously tabled.
Rep. SELLER spoke against the Point of Order.
SPEAKER HARRELL sustained the Point of Order and ruled Amendment No. 40 out of order.

Rep. GOVAN spoke against the Joint Resolution.
Rep. OTT spoke against the Joint Resolution.
Rep. SKELTON spoke in favor of the Joint Resolution.

The question then recurred to the passage of the Joint Resolution.

The yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Allison                Bannister              Barfield
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
Huggins                Limehouse              Loftis
Long                   Lucas                  McCoy
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 Norman
Owens                  Parker                 Patrick
Pinson                 Pitts                  Pope

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

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Bowers
Branham                Brannon                Brantley
G. A. Brown            H. B. 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
Neilson                Ott                    Parks
Rutherford             Sabb                   Sellers
J. E. Smith            Stavrinakis            Vick
Weeks                  Whipper                Williams

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

Out of concern of the appearance of a conflict, I am recusing myself from consideration of S. 434.

Rep. Todd Atwater

I was temporarily out of the Chamber on constituent business during the vote on S. 434. If I had been present, I would have voted in favor of the Bill.

Rep. Nathan Ballentine

I was temporarily out of the Chamber during the vote on S. 434. If I had been present, I would have voted in favor of the Bill.

Rep. William R. Whitmire

Regarding S. 434, I would have supported giving the Governor and her agency director flexibility in adjusting provider rates if the proposal were structured fairly. I supported amendments which, if adopted, would have improved the Bill and provided that fairness. Unfortunately, those amendments were rejected. I cannot support this mid-year, across the board cut. In addition to throwing employees out of work, an across the board cut wrecks existing hospital and provider budgets. One size does not fit all and changing the rules in the middle of the game is not fair to these hospitals and doctors who provide critical services to our citizens.

Rep. Leon Stavrinakis

Rep. COOPER asked unanimous consent that S. 434 (Word version) be read a third time tomorrow.
Rep. KING objected.

Rep. KING moved that the House recur to the Morning Hour, which was agreed to.

The following was introduced:

H. 4016 (Word version) -- Rep. Battle: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR WILLIE SMITH FOR ALMOST TWO DECADES OF

DEVOTED SERVICE TO THE CITIZENS OF THE CITY OF MARION AS CHIEF OF POLICE.

The Resolution was adopted.

The following was introduced:

H. 4017 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE CAPTAIN CHARLES F. GANDY, JR., VFW POST 6734 OF GREENVILLE COUNTY, AND TO CONGRATULATE THE POST'S MEMBERS, UPON THE OCCASION OF THEIR SIXTY-FIFTH ANNIVERSARY.

The Resolution was adopted.

The following was introduced:

H. 4018 (Word version) -- Reps. Merrill, 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, 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 HANAHAN HIGH SCHOOL WRESTLING TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY

THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM FOR AN OUTSTANDING SEASON AND FOR GARNERING THE 2011 CLASS AA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

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

The Resolution was adopted.

The following was introduced:

H. 4019 (Word version) -- Reps. Merrill, 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, 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 HANAHAN HIGH SCHOOL WRESTLING TEAM OF BERKELEY COUNTY FOR AN OUTSTANDING SEASON, AND TO CONGRATULATE THE

PLAYERS AND THEIR COACHES FOR CAPTURING THE 2011 CLASS AA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

The following was introduced:

H. 4020 (Word version) -- Reps. Barfield, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, 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, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND GARY GILMORE, COASTAL CAROLINA UNIVERSITY HEAD BASEBALL COACH, ON BEING RECOGNIZED AS ONE OF THE BEST NON-BCS CONFERENCE BASEBALL COACHES IN AMERICA.

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

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

H. 4021 (Word version) -- Reps. Allison, Parker, Long, Erickson, Patrick, Tallon, Bingham, G. R. Smith, Anthony, Hayes and Horne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY

ADDING SECTION 59-25-540 SO AS TO PROVIDE THAT AN EMPLOYEE OF A SCHOOL DISTRICT PAID A SALARY ACCORDING TO THE STATEWIDE MINIMUM SALARY SCHEDULE MAY CHOOSE TO BE ACCOMPANIED BY COUNSEL AND REPRESENTED BY THEM IN ANY MEETING, HEARING, OR APPEAL RELATED TO A FORMAL GRIEVANCE ALLEGED AGAINST THE EMPLOYEE.
Referred to Committee on Judiciary

H. 4022 (Word version) -- Reps. Allison, Parker, Long, Erickson, Patrick, Tallon, Bingham, G. R. Smith, Anthony, Hayes and Horne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-495 SO AS TO EXTEND CERTAIN EXEMPTION PROVISIONS GRANTED TO CHARTER SCHOOLS TO TRADITIONAL PUBLIC SCHOOLS, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Education and Public Works

S. 431 (Word version) -- Senators McConnell, Rankin, Setzler, Campbell, Shoopman, Reese, Bright, Alexander, S. Martin, Fair, Cromer, Bryant, Elliott, O'Dell, Campsen, Ford, Rose, Lourie, Cleary, Verdin, McGill, Williams, Nicholson, Knotts, Land and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-61-70 SO AS TO PROVIDE THAT A LIABILITY INSURANCE POLICY ISSUED BY AN INSURER AND COVERING A CONSTRUCTION PROFESSIONAL IN THIS STATE MUST BE BROADLY CONSTRUED IN FAVOR OF COVERAGE, AND TO PROVIDE THAT WORK OF A CONSTRUCTION PROFESSIONAL RESULTING IN PROPERTY DAMAGE IN CERTAIN CIRCUMSTANCES CONSTITUTES AN OCCURRENCE AS COMMONLY DEFINED IN LIABILITY INSURANCE AND IS NOT THE INTENDED OR EXPECTED CONSEQUENCE OF THE WORK OF THE CONSTRUCTION PROFESSIONAL.
Referred to Committee on Labor, Commerce and Industry

S. 568 (Word version) -- Senators L. Martin and Ford: A BILL TO AMEND SECTION 16-3-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING OF CERTAIN OFFENDERS FOR HEPATITIS B AND HUMAN IMMUNODEFICIENCY VIRUS (HIV), SO AS TO FURTHER

CLARIFY OFFENDERS WHO MUST BE TESTED AND THE TIME FRAME THAT TESTING MUST BE CONDUCTED AND PROVIDE FOR FOLLOW-UP TESTING FOR HIV WHEN MEDICALLY APPROPRIATE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 721 (Word version) -- Senator Massey: A BILL TO AMEND ACT 955 OF 1974, AS AMENDED, RELATING TO THE COMPENSATION OF THE EDGEFIELD COUNTY DISTRICT SCHOOL BOARD OF TRUSTEES, TO PROVIDE THAT THE TRUSTEES SHALL RECEIVE COMPENSATION AGREED UPON BY THE BOARD.
On motion of Rep. CLYBURN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

Rep. LOWE moved to reconsider the vote whereby H. 3562 (Word version) was given a second reading and the motion was noted.

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

The Senate returned to the House with concurrence the following:

H. 4002 (Word version) -- Reps. Alexander, Brantley, J. E. Smith, Spires, Knight, Brannon, Corbin, Ott, King, McLeod, Parker, Bales, Jefferson, McEachern, Ballentine, Branham, Cobb-Hunter, Crosby, Dillard, Hardwick, Hearn, Herbkersman, Long, J. M. Neal, Pope, G. M. Smith and G. R. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE THAT ABUSE AND NEGLECT OF CHILDREN IS A SIGNIFICANT PROBLEM, AND TO DECLARE APRIL AS CHILD ABUSE PREVENTION MONTH IN SOUTH CAROLINA.

H. 4004 (Word version) -- Reps. Owens, Bikas, Hiott and Skelton: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE EASLEY COMBINED UTILITIES, AND TO CONGRATULATE THE ORGANIZATION, UPON THE OCCASION OF ITS CENTENNIAL ANNIVERSARY, FOR ITS DEDICATION IN PROVIDING SERVICES TO THE COMMUNITY OF EASLEY.

At 1:35 p.m. the House, in accordance with the motion of Rep. WILLIAMS, adjourned in memory of Terry Wilds Robinson of Darlington, to meet at 10:00 a.m. tomorrow.

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