South Carolina General Assembly
114th Session, 2001-2002
Journal of the House of Representatives


Printed Page 1319 . . . . . Monday, March 12, 2001

Monday, March 12, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 a.m.
Deliberations were opened with prayer by Rep. WITHERSPOON as follows:

O God our Father, as we seek to find our way through the demands of our day, make us mindful of Your presence, eager to do Your will, and ready to carry our responsibilities with honor to our offices, to our State, and to our Father God. Give us clarity of vision to do what we ought to do, the courage to do it, and the faith to keep us steadfast. May we be possessed with lofty principles and sustained by noble ambitions. Grant us wisdom for the facing tasks and courage for the living of these days. Keep our faith steady, our hope stable, and our good will strong. And to You, Lord, we give our praise and thanksgiving. Amen.

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

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

MOTION ADOPTED

Rep. COLEMAN moved that when the House adjourns, it adjourn in memory of Doreatha Williams McKee of Blair, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for Representative Joe Neal's wife as she recovers from surgery.

SILENT PRAYER

The House stood in silent prayer for Mayor Martin C. Cheatham of Orangeburg who passed away today.


Printed Page 1320 . . . . . Monday, March 12, 2001

CONFIRMATION OF APPOINTMENT

The following was received:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 7, 2001
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.

LOCAL APPOINTMENT

Kershaw County Master-in-Equity
Term Commencing: June 30, 2001
Term Expiring: June 30, 2007
Seat: Master-in-Equity

Reappointment
The Honorable Jeffrey Marc Tzerman
Post Office Box 1317
Camden, South Carolina 29020
803-432-8459 Fax: 803-432-8018

Respectfully,
Jim Hodges
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 140 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM IN CONDUCTING ITS STATEWIDE NEEDS ASSESSMENT OF ALL HEALTH PROFESSIONALS TO EXAMINE THE PROBLEMS OF THE RECRUITMENT AND


Printed Page 1321 . . . . . Monday, March 12, 2001

RETENTION OF NURSES AND NURSES AIDES IN SOUTH CAROLINA NURSING HOMES AND HOSPITALS AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2002.
The Concurrent Resolution was ordered referred to the Committee on Medical, Military, Public and Municipal Affairs.

INTRODUCTION OF BILLS

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

H. 3692 (Word version) -- Reps. Simrill and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-165 SO AS TO PROVIDE THAT THE PROPERTY DAMAGE COVERAGE CONTAINED IN ANY AUTOMOBILE INSURANCE POLICY WRITTEN IN THIS STATE AND THE COLLISION COVERAGE, IF ANY, IN THE POLICY IS DEEMED TO COVER THE COST OF REPLACING OR REPAIRING THE AIR BAGS IN AUTOMOBILES INVOLVED IN A CLAIM UNDER THE POLICY WHEN AN AUTOMOBILE ACCIDENT OCCURS, AND TO PROVIDE THAT NO INSURER BY ENDORSEMENT TO THE POLICY MAY EXCEPT OUT OR NEGATE THIS PROVISION.
Referred to Committee on Labor, Commerce and Industry

H. 3693 (Word version) -- Reps. Campsen, Cato, Delleney, Easterday, Hamilton, Leach and Robinson: A BILL TO ENACT THE "UNBORN VICTIMS ACT OF 2001" INCLUDING PROVISIONS TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN


Printed Page 1322 . . . . . Monday, March 12, 2001

CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND BY ADDING SECTION 50-21-185 TO FURTHER PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH.
Referred to Committee on Judiciary

H. 3694 (Word version) -- Reps. Limehouse, Whatley, Scarborough and A. Young: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
Referred to Committee on Judiciary


Printed Page 1323 . . . . . Monday, March 12, 2001

H. 3695 (Word version) -- Reps. Rodgers, Allison, Freeman, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Parks, Stuart and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-160 SO AS TO ESTABLISH THE DOMESTIC VIOLENCE FUND WITHIN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF AWARDING GRANTS TO DOMESTIC VIOLENCE CENTERS AND PROGRAMS IN THE STATE THAT MEET CERTAIN CRITERIA; TO ADD SECTION 20-1-375 SO AS TO INCREASE THE MARRIAGE LICENSE FEE BY TWENTY DOLLARS WHICH MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO VARIOUS FEES TO BE COLLECTED BY CLERKS OF COURT, SO AS TO INCREASE THE FILING FEE FOR DIVORCE OR SEPARATE MAINTENANCE ACTIONS BY TWENTY DOLLARS WHICH ALSO MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND.
Referred to Committee on Judiciary

H. 3696 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO ONE MILLION ONE HUNDRED SEVENTY-TWO THOUSAND SEVEN HUNDRED AND NINETY-FIVE DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF DESIGNING AND ACQUIRING AN UNEMPLOYMENT TAX ACCOUNTING SYSTEM FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION.
Referred to Committee on Ways and Means

H. 3697 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION MEMBERSHIP ON JULY 1, 2001, WITH THREE MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION AND FOUR MEMBERS APPOINTED BY THE CHAIRMEN OF THE HOUSE AND SENATE JUDICIARY


Printed Page 1324 . . . . . Monday, March 12, 2001

COMMITTEES, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2001.
Referred to Committee on Judiciary

H. 3698 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD OUT OF STATE WITH THE INTENT OF VIOLATING A CUSTODY ORDER, SO AS TO PROVIDE THAT, IF LAW ENFORCEMENT HAS PROBABLE CAUSE TO BELIEVE A CHILD HAS BEEN TAKEN FROM HIS LEGAL CUSTODIAN AND IS IN A SPECIFIC LOCATION, LAW ENFORCEMENT MAY SEEK A WARRANT TO RECOVER THE CHILD FROM THAT LOCATION OR, IF THE CHILD IS IN DANGER, MAY ENTER THE LOCATION WITHOUT A WARRANT TO RECOVER THE CHILD; TO PROVIDE THAT IF A COURT HAS MADE A DETERMINATION OF CUSTODY, THE COURT'S ORDER MUST BE SHOWN TO LAW ENFORCEMENT AS EVIDENCE OF WHO IS THE LEGAL CUSTODIAN OF THE CHILD; AND TO PROVIDE THAT KNOWINGLY GIVING FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER SEEKING TO CARRY OUT THE PROVISIONS OF THIS SECTION IS A CRIMINAL OFFENSE.
Referred to Committee on Judiciary

S. 102 (Word version) -- Senators Hutto, Ford, Reese, Hayes and Branton: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 218 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-27-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF STATE GENERAL


Printed Page 1325 . . . . . Monday, March 12, 2001

OBLIGATION BONDS, SO AS TO PROVIDE FOR THE METHODS OF ADVERTISING THE SALE OF THE BONDS, TO ALLOW THE STATE BUDGET AND CONTROL BOARD TO RECEIVE BIDS FOR THE BONDS IN A FORM THE BOARD DETERMINES, AND TO ALLOW THE PRIVATE SALE OF BONDS IF NO BIDS ARE RECEIVED OR IF ALL BIDS ARE REJECTED.
Referred to Committee on Ways and Means

S. 398 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 40-39-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION BY COURT OFFICIALS, LAW ENFORCEMENT OFFICERS, AND THE DEPARTMENT OF CONSUMER AFFAIRS OF RECORDS MAINTAINED BY PAWNBROKERS, SO AS TO PROVIDE THAT RECORDS AND COPIES OF RECORDS REGARDING DESCRIPTIONS OF ITEMS PAWNED MUST BE CLEAR AND LEGIBLE AND THAT RECORDS MUST BE PRESERVED AND MADE AVAILABLE FOR A PRESCRIBED PERIOD OF TIME, AND TO PROVIDE CIVIL FINES FOR VIOLATIONS OF RECORDKEEPING DUTIES.
Referred to Committee on Labor, Commerce and Industry

S. 413 (Word version) -- Senators Wilson, Leatherman and Giese: A JOINT RESOLUTION TO EXEMPT FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH A NATIONALLY-SPONSORED NASCAR RACING EVENT HELD IN THIS STATE IN 2001.
On motion of Rep. JENNINGS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

ROLL CALL

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

Allison                Altman                 Bales
Barfield               Barrett                Battle
Bingham                Bowers                 Breeland
Brown, J.              Brown, R.              Campsen
Carnell                Cato                   Chellis

Printed Page 1326 . . . . . Monday, March 12, 2001

Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Delleney               Emory
Fleming                Freeman                Frye
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Lloyd
Loftis                 Lourie                 Lucas
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Neal, J.H.             Neal, J.M.             Ott
Owens                  Parks                  Perry
Quinn                  Rhoad                  Rice
Riser                  Rivers                 Robinson
Rodgers                Sandifer               Scarborough
Scott                  Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, G.M.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Snow                   Stuart
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Walker                 Webb                   Weeks
Whatley                White                  Wilder
Wilkins                Witherspoon            Young, A.
Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Monday, March 12.

Lewis Vaughn                      Bessie Moody-Lawrence
Michael Easterday                 James Klauber
Ralph Davenport                   Becky Martin
Tracy Edge                        Harry Stille
Jackson Whipper                   Lanny Littlejohn
Karl Allen                        Grady Brown

Printed Page 1327 . . . . . Monday, March 12, 2001

Fletcher Smith                    Olin Phillips
David Mack

Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. NEILSON a leave of absence for the week due to a car accident.

DOCTOR OF THE DAY

Announcement was made that Dr. Leo Walker of Columbia is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3405 (Word version)
Date:   ADD:
03/12/01   MEACHAM-RICHARDSON

CO-SPONSOR ADDED

Bill Number:   H. 3405 (Word version)
Date:   ADD:
03/12/01   BINGHAM


Printed Page 1328 . . . . . Monday, March 12, 2001

CO-SPONSOR ADDED

Bill Number:   H. 3252 (Word version)
Date:   ADD:
03/12/01   SHARPE

CO-SPONSOR ADDED

Bill Number:   H. 3252 (Word version)
Date:   ADD:
03/12/01   ALLISON

CO-SPONSOR ADDED

Bill Number:   H. 3010 (Word version)
Date:   ADD:
03/12/01   BINGHAM

CO-SPONSOR ADDED

Bill Number:   H. 3643 (Word version)
Date:   ADD:
03/12/01   LOFTIS

CO-SPONSOR ADDED

Bill Number:   H. 3643 (Word version)
Date:   ADD:
03/12/01   ROBINSON

CO-SPONSOR ADDED

Bill Number:   H. 3643 (Word version)
Date:   ADD:
03/12/01   RICE

CO-SPONSOR ADDED

Bill Number:   H. 3643 (Word version)
Date:   ADD:
03/12/01   LEACH

CO-SPONSOR ADDED

Bill Number:   H. 3462 (Word version)
Date:   ADD:
03/12/01   WHITE


Printed Page 1329 . . . . . Monday, March 12, 2001

CO-SPONSOR ADDED

Bill Number:   H. 3391 (Word version)
Date:   ADD:
03/12/01   WHITE

CO-SPONSOR ADDED

Bill Number:   H. 3133 (Word version)
Date:   ADD:
03/12/01   WHITE

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3685 (Word version) -- Reps. Hayes and M. Hines: A BILL TO AUTHORIZE SCHOOL DISTRICTS 1, 2, AND 3 OF DILLON COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

S. 235 (Word version) -- Senators McConnell and Branton: A BILL TO AMEND SECTION 30-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF A PUBLIC MEETING, SO AS TO ALLOW THOSE IN ATTENDANCE TO VIDEO TAPE A PUBLIC MEETING.

Rep. MCGEE explained the Bill.

H. 3286 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING CHECKS AND SERVICE CHARGES FOR DRAWING FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE CHARGE ON CHECKS OF ONE HUNDRED DOLLARS OR LESS FROM TWENTY-FIVE DOLLARS TO THIRTY DOLLARS.

Rep. HARRISON explained the Bill.


Printed Page 1330 . . . . . Monday, March 12, 2001

H. 3048--DEBATE ADJOURNED

Rep. CAMPSEN moved to adjourn debate upon the following Bill until Tuesday, March 20, which was adopted:

H. 3048 (Word version) -- Reps. Campsen, Delleney, Littlejohn, Davenport, Altman, Clyburn, Simrill, Owens, Robinson, Loftis, Leach, Hamilton, Vaughn and Knotts: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-1-460 SO AS TO ENACT THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS AND CHARACTER EDUCATION ACT OF 2001" TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A POLICY THAT AUTHORIZES A STUDENT TO BE EXCUSED FROM SCHOOL TO ATTEND A CLASS IN RELIGIOUS OR CHARACTER INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, AND TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL.

H. 3515--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J. M. Neal, Phillips, Rice, Riser, Simrill, D. C. Smith, W. D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder, A. Young, McLeod, Davenport, Emory, Sinclair and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH


Printed Page 1331 . . . . . Monday, March 12, 2001

PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND CREMATORIES; TO AMEND SECTION 40-19-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE FULL-TIME EMPLOYEES OF A FUNERAL ESTABLISHMENT; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE, AMONG OTHER DEFINITIONS, "BRANCH FUNERAL HOME", "DISPOSITION", AND "MANAGER" AND TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR MISCONDUCT, SO AS TO PROHIBIT SOLICITING THE SALE OF FUNERAL MERCHANDISE AND TO CLARIFY OTHER GROUNDS; TO AMEND SECTION 40-19-230, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EMBALMING COLLEGES AND TO CONFORM PROVISIONS TO THE REVISED LICENSURE REQUIREMENTS FOR OUT-OF-STATE EMBALMERS AND FUNERAL DIRECTORS; TO AMEND SECTION 40-19-270, RELATING TO PERMITS AND INSPECTIONS OF FUNERAL ESTABLISHMENTS AND CREMATORIES, SO AS TO APPLY CERTAIN OF THESE PROVISIONS TO RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280, RELATING TO THE REQUIREMENT THAT A PERSON BE LICENSED TO HOLD HIMSELF OUT AS PRACTICING FUNERAL SERVICE OR OPERATING A FUNERAL ESTABLISHMENT, SO AS TO APPLY THIS LICENSURE REQUIREMENT TO A PERSON OPERATING A CREMATORY OR A RETAIL SALES OUTLET; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION AND EXPENSES TO CLIENTS BY FUNERAL ESTABLISHMENTS, SO AS TO ALSO REQUIRE CREMATORIES TO DISCLOSE SUCH INFORMATION AND EXPENSES TO ITS CLIENTS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11331AC01), which was adopted:
Amend the bill, as and if amended, the first paragraph of Section 40-19-10, page 4 by deleting lines 21-22 and inserting /appointment


Printed Page 1332 . . . . . Monday, March 12, 2001

and must be actively employed or actively engaged in the funeral service profession. all members must have been residents of this State/ So when amended the first paragraph of Section 40-19-10 reads:
/There is created the South Carolina State Board of Funeral Service consisting of eleven members appointed by the Governor from the State at large for terms of three years and until their successors are appointed and qualify. Of the eleven members two must be members from the general public not connected with a funeral service establishment, and the remaining members must have been licensed as funeral directors and embalmers for at least five years immediately preceding their appointment and must be actively employed or actively engaged in the funeral service profession. All members must have been residents of this State for not fewer than five years preceding the date of their appointment. /
Renumber sections to conform.
Amend totals and title to conform.

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

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

H. 3366--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3366 (Word version) -- Reps. Snow, Altman, Bales, Barfield, Breeland, R. Brown, Campsen, Edge, Gilham, Harvin, Keegan, Kelley, Limehouse, Miller, Rodgers, Scarborough, Vaughn, Whatley and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-55 SO AS TO PROVIDE THAT NO OWNER OF AN INTEREST IN A VACATION TIME-SHARING UNIT MAY BE CHARGED AN UP-FRONT APPRAISAL FEE FOR THE RESALE OF HIS OWNERSHIP INTEREST BUT INSTEAD MAY ONLY BE CHARGED A MARKETING FEE OR COMMISSION UPON THE RESALE OF THE UNIT IN AN AMOUNT STIPULATED BY WRITTEN AGREEMENT BETWEEN THE OWNER AND HIS SALES AGENT, AND TO PROVIDE THAT ANY PERSON VIOLATING THE PROVISIONS OF THIS SECTION IS DEEMED TO HAVE COMMITTED AN UNFAIR TRADE PRACTICE AND IS


Printed Page 1333 . . . . . Monday, March 12, 2001

SUBJECT TO ALL PENALTIES AND REMEDIES PROVIDED BY LAW FOR THIS VIOLATION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\ AMEND\11318AC01), which was adopted:
Amend the bill, as and if amended, Section 27-32-55 page 1, line 34 by deleting /a marketing/ and inserting /an up-front marketing/ so when amended Section 27-32-55 reads:
/Section 27-32-55.   No owner of an interest in a vacation time-sharing unit as such term is defined in Section 27-32-10(10) may be charged an up-front appraisal fee for the resale of his ownership interest but instead may only be charged an upfront marketing fee or commission upon the resale of the unit in an amount stipulated by written agreement between the owner and his sales agent.

Any person violating the provisions of this section is deemed to have committed an unfair trade practice under Section 39-5-20 and is subject to all penalties and remedies provided by law for this violation./
Renumber sections to conform.
Amend totals and title to conform.

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

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

H. 3465--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3465 (Word version) -- Reps. Easterday, Allison, Altman, Barrett, G. Brown, Campsen, Cato, Chellis, Coleman, Davenport, Hamilton, Harrison, Haskins, Law, Leach, McLeod, Moody-Lawrence, Rice, Robinson, Sandifer, F. N. Smith, W. D. Smith, Stille, Tripp, Vaughn and A. Young: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER AND TO ESTABLISH PENALTIES.


Printed Page 1334 . . . . . Monday, March 12, 2001

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\ 4139MM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   The 1976 Code is amended by adding:

"Section 58-3-230.   (A)   A utility, as defined in Sections 58-5-10, 58-9-10, and 58-27-10, may not submit a change request for a customer's utility service until the customer's authorization for the change is obtained by using marketing or anti-slamming guidelines approved by the appropriate federal and state regulatory agencies. In the case of utilities defined by Section 58-9-10, the appropriate regulatory agencies are the Federal Communications Commission and the South Carolina Public Service Commission. If a utility other than that directly receiving the customer authorization subsequently effects the change into billing or operational systems, it is not:

(1)   required to secure additional customer authorization; and

(2)   liable pursuant to this section for errors, omissions, or unauthorized changes submitted by the utility originating the request.

(B)   A utility defined in Sections 58-5-10 and 58-27-10 that violates subsection (A) is liable to the customer for all charges incurred by the customer, in excess of those normally incurred through his designated provider, during the period of the unauthorized change.

(C)   A utility defined in Section 58-9-10 that violates subsection (A) is liable as specified in Federal Communications Commission guidelines promulgated pursuant to the United States Code of Laws, Chapter 1, Title 47.

(D)   A utility that willfully or knowingly violates the provisions of subsection (A) is subject to a fine of not less than two thousand dollars nor more than ten thousand dollars for each violation. The fines must remain with the commission."
SECTION   2.   This act takes effect upon approval by the Governor. /
Amend title to conform.

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

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


Printed Page 1335 . . . . . Monday, March 12, 2001

H. 3403--POINT OF ORDER

The following Bill was taken up:

H. 3403 (Word version) -- Reps. Harrison and Rodgers: A BILL TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A SHERIFF'S OR CHIEF OF POLICE'S DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION.

Rep. KIRSH moved to adjourn debate on the Bill until Tuesday, March 20.

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

POINT OF ORDER

Rep. KIRSH 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.

REGULATION NO. 2577--RECALLED AND REFERRED TO COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. CATO, with unanimous consent, Regulation No. 2577 was ordered recalled from Committee on Labor, Commerce and Industry and referred to Committee on Medical, Military, Public and Municipal Affairs.

REGULATION NO. 2605--RECALLED AND REFERRED TO COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. CATO, with unanimous consent, Regulation No. 2605 was ordered recalled from Committee on Labor, Commerce and Industry and referred to Committee on Medical, Military, Public and Municipal Affairs.

HOUSE TO MEET AT 10:00 A.M. TOMORROW

Rep. HARRELL moved that when the House adjourns it adjourn to meet at 10:00 a.m. tomorrow, which was agreed to.


Printed Page 1336 . . . . . Monday, March 12, 2001

H. 3687--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 3687--GENERAL APPROPRIATION BILL

MOTION ADOPTED

Rep. HARRELL moved that the General Appropriation Bill be considered section by section, beginning with Part IA, which was agreed to.

MOTION ADOPTED

Rep. HARRELL moved that while debating the General Appropriation Bill, he be allowed to note a motion daily to reconsider each section adopted, which was agreed to.

STATEMENT BY REP. HARRELL

Rep. HARRELL gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.

PART IA

SECTION 2

Section 2 was adopted.

SECTION 4

Section 4 was adopted.

SECTION 5D

Section 5D was adopted.

SECTION 5E

Section 5E was adopted.

SECTION 5G

Section 5G was adopted.

SECTION 5MA

Section 5MA was adopted.

SECTION 5MC

Section 5MC was adopted.


Printed Page 1337 . . . . . Monday, March 12, 2001

SECTION 6

Section 6 was adopted.

SECTION 15

Section 15 was adopted.

SECTION 17

Section 17 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 25

Section 25 was adopted.

SECTION 26

Section 26 was adopted.

SECTION 28

Section 28 was adopted.

SECTION 29

Section 29 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 35--AMENDED AND DEBATE ADJOURNED

Reps. HARRELL, ROBINSON, WILKINS and COBB-HUNTER proposed the following Amendment No. 5 (Doc Name h-wm\006\l35base4.doc), which was adopted:


Printed Page 1338 . . . . . Monday, March 12, 2001

Amend the bill, as and if amended, Part IA, Section 35, COMMISSION ON INDIGENT DEFENSE, page 226, line 33, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

345,374     345,374
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ROBINSON explained the amendment.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 5 was out of order in that it was in violation of Rule 5.3A. He stated that in accordance with the rule, a certificate from the Budget Division of the State Budget and Control Board stating the total of the appropriations in the proposed amendment is not in excess of the estimated total revenue of the State.
SPEAKER WILKINS stated that the amendment was not in violation of the Rule 5.3A in that the Bill had a certificate stating that it was in balance as passed by the Ways and Means Committee. He stated that after second reading and before its consideration on third reading another updated certificate would be required. He therefore overruled the Point of Order.

Rep. HARRELL spoke in favor of the amendment.
The amendment was then adopted.

Rep. J. E. SMITH moved to adjourn debate on the section, which was agreed to.

SECTION 38--AMENDED AND ADOPTED

Reps. ROBINSON, LIMEHOUSE and COBB-HUNTER proposed the following Amendment No. 92 (Doc Name h-wm\ 005\ppp76fteline.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 38, DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, page 252, after line 6, by inserting a new line:

Column 5     Column 6
New Positions     Probation & Parole Agent   (76.00)


Printed Page 1339 . . . . . Monday, March 12, 2001

Renumber sections to conform.
Amend totals and titles to conform.

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

Section 38, as amended, was adopted.

SECTION 41

Section 41 was adopted.

SECTION 42--AMENDED AND ADOPTED

Rep. A. YOUNG proposed the following Amendment No. 93 (Doc Name h-wm\009\psc fte.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 42, PUBLIC SERVICE COMMISSION, page 267, immediately after line 12, by inserting a new line to read:

Column 5   Column 6
Auditors     (2.00)
Amend the bill further, as and if amended, page 267, immediately after line 24, by inserting a new line to read:

Column 5   Column 6
Engineers     (2.00)
Renumber sections to conform.
Amend totals and titles to conform.

Rep. A. YOUNG explained the amendment.
The amendment was then adopted.

Section 42, as amended, was adopted.

SECTION 43

Section 43 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 45

Section 45 was adopted.


Printed Page 1340 . . . . . Monday, March 12, 2001

SECTION 46

Section 46 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 51

Section 51 was adopted.

SECTION 52

Section 52 was adopted.

SECTION 53A

Section 53A was adopted.

SECTION 54C

Section 54C was adopted.

SECTION 54D

Section 54D was adopted.

SECTION 54E

Section 54E was adopted.

SECTION 54F

Section 54F was adopted.

SECTION 54G

Section 54G was adopted.

SECTION 54H

Section 54H was adopted.

SECTION 55

Section 55 was adopted.


Printed Page 1341 . . . . . Monday, March 12, 2001

SECTION 56D

Section 56D was adopted.

SECTION 57

Section 57 was adopted.

SECTION 58

Section 58 was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61

Section 61 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 63A

Section 63A was adopted.

SECTION 63F

Section 63F was adopted.

SECTION 63H

Section 63H was adopted.

SECTION 64

Section 64 was adopted.

SECTION 65

Section 65 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 67--AMENDED AND ADOPTED

Reps. HARRELL, ROBINSON, WILKINS, COATES and W.D. SMITH proposed the following Amendment No. 6 (Doc Name h-wm\006\67sfb3.doc), which was adopted:


Printed Page 1342 . . . . . Monday, March 12, 2001

Amend the bill, as and if amended, Part IA, Section 67, DEBT SERVICE, page 384, line 7, opposite /State School Facilities Bonds/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

3,225,812   3,225,812
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 67, as amended, was adopted.

Rep. HARRELL moved that the House recede until 2:00 p.m., which was agreed to.

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

THE HOUSE RESUMES

At 2:00 p.m. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER KIRSH IN CHAIR

POINT OF QUORUM

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

SPEAKER IN CHAIR

H. 3687--AMENDED AND INTERRUPTED DEBATE

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

H. 3687--THE GENERAL APPROPRIATION BILL

PART IA


Printed Page 1343 . . . . . Monday, March 12, 2001

SECTION 1--AMENDED AND ADOPTED

Rep. STILLE proposed the following Amendment No. 69 (Doc Name h-wm\003\sde buses 5m.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 3, line 37, opposite /bus purchases/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

5,000,000   5,000,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. STILLE explained the amendment.

Rep. COTTY moved to table the amendment, which was agreed to by a division vote of 45 to 31.

Rep. GOVAN proposed the following Amendment No. 119 (Doc Name h-wm\007\govan 13-39.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 13, line 39, by striking / alloc eia-hndcap std srvc/ and inserting / srvc std disab/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. STILLE proposed the following Amendment No. 63 (Doc Name h-wm\007\stille1.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 16, line 28, opposite /National Board Certification/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

15,243,507
Amend the bill further, as and if amended, page 13, line 7, opposite /Local School Innovation Funds/ by increasing the amount(s) in Column 5 by:

Column 5   Column 6

15,243,507


Printed Page 1344 . . . . . Monday, March 12, 2001

Renumber sections to conform.
Amend totals and titles to conform.

Rep. STILLE explained the amendment.

Rep. COTTY moved to table the amendment, which was agreed to by a division vote of 62 to 15.

Reps. MACK, J. E. SMITH, MILLER, LLOYD and GOURDINE proposed the following Amendment No. 35 (Doc Name council\nbd\amend\11360mm01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 20, line 6, opposite /Teacher salary and fringes/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

4,417,500   4,417,500
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MACK explained the amendment.

Rep. COTTY moved to table the amendment.

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

Yeas 68; Nays 36

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Bingham
Campsen                Cato                   Chellis
Coates                 Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Hamilton               Harrell                Harrison
Haskins                Hinson                 Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Littlejohn             Martin
McCraw                 McGee                  Meacham-Richardson
Merrill                Owens                  Perry

Printed Page 1345 . . . . . Monday, March 12, 2001

Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scarborough            Sharpe
Simrill                Sinclair               Smith, D.C.
Smith, G.M.            Smith, J.R.            Smith, W.D.
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Webb
White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--68

Those who voted in the negative are:

Battle                 Breeland               Brown, J.
Brown, R.              Carnell                Coleman
Emory                  Freeman                Gourdine
Govan                  Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Jennings               Lloyd                  Loftis
Lourie                 Mack                   McLeod
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Parks
Rivers                 Scott                  Sheheen
Smith, J.E.            Snow                   Stille
Weeks                  Whatley                Wilder

Total--36

So, the amendment was tabled.

Reps. MACK, J.E. SMITH, MILLER and LLOYD proposed the following Amendment No. 36 (Doc Name council\swb\ 5229mm01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 20, line 6, opposite /Teacher salary and fringes/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

4,002,325   4,002,325
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1346 . . . . . Monday, March 12, 2001

Rep. MACK explained the amendment.

Rep. J. E. SMITH spoke in favor of the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.

Rep. COTTY moved to table the amendment.

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

Yeas 71; Nays 41

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barrett                Bingham                Campsen
Cato                   Chellis                Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Hamilton               Harrell                Harrison
Haskins                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Martin                 McCraw
McGee                  Meacham-Richardson     Merrill
Owens                  Perry                  Phillips
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scarborough            Sharpe                 Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.R.            Smith, W.D.            Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Webb
White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--71


Printed Page 1347 . . . . . Monday, March 12, 2001

Those who voted in the negative are:
Allen                  Battle                 Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Coleman                Emory
Freeman                Gourdine               Govan
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Jennings
Kennedy                Lee                    Lloyd
Loftis                 Lourie                 Lucas
Mack                   McLeod                 Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Parks                  Rhoad
Rivers                 Scott                  Sheheen
Smith, J.E.            Snow                   Weeks
Whipper                Wilder

Total--41

So, the amendment was tabled.

Reps. MACK, J. E. SMITH, MILLER, LLOYD and GOURDINE proposed the following Amendment No. 55 (Doc Name council\DKA\amend\4163mm01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 20, line 6, opposite /Teacher salary and fringes/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

3,358,589   3,358,589
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MACK explained the amendment.

Rep. J. E. SMITH spoke in favor of the amendment.

Rep. COTTY moved to table the amendment.

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

Yeas 71; Nays 41


Printed Page 1348 . . . . . Monday, March 12, 2001

Those who voted in the affirmative are:
Allison                Altman                 Barrett
Bingham                Campsen                Cato
Chellis                Coates                 Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Fleming                Frye                   Hamilton
Harrell                Harrison               Haskins
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Martin                 McCraw                 McGee
Meacham-Richardson     Merrill                Owens
Perry                  Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scarborough
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Stille                 Stuart
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--71

Those who voted in the negative are:

Allen                  Battle                 Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Clyburn                Cobb-Hunter
Coleman                Emory                  Freeman
Gourdine               Govan                  Hayes
Hines, J.              Hines, M.              Hosey
Jennings               Kennedy                Lee
Lloyd                  Loftis                 Lucas
Mack                   McLeod                 Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Parks                  Rhoad
Rivers                 Scott                  Sheheen

Printed Page 1349 . . . . . Monday, March 12, 2001

Smith, J.E.            Snow                   Weeks
Whipper                Wilder

Total--41

So, the amendment was tabled.

Reps. BATTLE and MILLER proposed the following Amendment No. 49 (Doc Name council\nbd\amend\11372ac01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 21, line 8, opposite /technology initiative/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

5,000,000   5,000,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER explained the amendment.

Rep. COTTY moved to table the amendment.

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

Yeas 68; Nays 41

Those who voted in the affirmative are:

Allison                Altman                 Barrett
Bingham                Campsen                Cato
Chellis                Coates                 Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Fleming
Frye                   Hamilton               Harrell
Harrison               Haskins                Hinson
Huggins                Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Lucas                  Martin                 McCraw
McGee                  Meacham-Richardson     Merrill

Printed Page 1350 . . . . . Monday, March 12, 2001

Owens                  Perry                  Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scarborough
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Talley                 Taylor
Thompson               Townsend               Trotter
Vaughn                 Walker                 Webb
White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--68

Those who voted in the negative are:

Allen                  Bales                  Barfield
Battle                 Bowers                 Breeland
Brown, J.              Brown, R.              Carnell
Clyburn                Coleman                Edge
Emory                  Freeman                Gourdine
Hayes                  Hines, J.              Hines, M.
Hosey                  Jennings               Lee
Lloyd                  Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Parks                  Phillips               Rhoad
Rivers                 Scott                  Sheheen
Smith, J.E.            Snow                   Stuart
Weeks                  Whatley

Total--41

So, the amendment was tabled.

Reps. EMORY, OTT and MCLEOD proposed the following Amendment No. 46 (Doc Name council\bbm\amend\10006htc01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 22, line 30, opposite /S. C. First Steps/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

4,600,000   4,600,000


Printed Page 1351 . . . . . Monday, March 12, 2001

Renumber sections to conform.
Amend totals and titles to conform.

Rep. EMORY explained the amendment.

Rep. OTT spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.

Rep. COTTY moved to table the amendment.

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

Yeas 72; Nays 39

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Bingham
Campsen                Cato                   Chellis
Coates                 Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Freeman                Frye                   Gilham
Hamilton               Harrell                Harrison
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Martin
McGee                  Meacham-Richardson     Merrill
Owens                  Perry                  Quinn
Rice                   Riser                  Rivers
Robinson               Rodgers                Sandifer
Scarborough            Sharpe                 Simrill
Smith, D.C.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Stuart                 Talley
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker

Printed Page 1352 . . . . . Monday, March 12, 2001

Webb                   White                  Wilkins
Witherspoon            Young, A.              Young, J.

Total--72

Those who voted in the negative are:

Allen                  Battle                 Breeland
Brown, J.              Brown, R.              Carnell
Clyburn                Cobb-Hunter            Coleman
Emory                  Gourdine               Govan
Hines, J.              Hines, M.              Hosey
Howard                 Jennings               Lee
Lloyd                  Lourie                 Mack
McCraw                 McLeod                 Miller
Moody-Lawrence         Neal, J.M.             Ott
Parks                  Phillips               Rhoad
Scott                  Sheheen                Smith, J.E.
Snow                   Taylor                 Weeks
Whatley                Whipper                Wilder

Total--39

So, the amendment was tabled.

Rep. JENNINGS proposed the following Amendment No. 192 (Doc Name h-wm\007\jennings.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 21, line 8, opposite / Technology Initiative/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

7,458,144   7,458,144
Renumber sections to conform.
Amend totals and titles to conform.

Rep. JENNINGS explained the amendment.

Rep. COTTY moved to table the amendment.


Printed Page 1353 . . . . . Monday, March 12, 2001

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

Yeas 64; Nays 44

Those who voted in the affirmative are:

Allison                Altman                 Barrett
Bingham                Campsen                Cato
Chellis                Coates                 Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Fleming
Frye                   Gilham                 Hamilton
Harrell                Harrison               Hinson
Huggins                Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Martin
McCraw                 McGee                  Meacham-Richardson
Merrill                Owens                  Perry
Quinn                  Rice                   Robinson
Rodgers                Sandifer               Scarborough
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, J.R.            Smith, W.D.
Stille                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Webb
White                  Wilkins                Witherspoon
Young, A.

Total--64

Those who voted in the negative are:

Allen                  Bales                  Barfield
Battle                 Bowers                 Breeland
Brown, G.              Brown, R.              Carnell
Clyburn                Coleman                Edge
Emory                  Freeman                Gourdine
Govan                  Hayes                  Hines, J.
Hosey                  Howard                 Jennings
Kennedy                Lee                    Lloyd
Lourie                 Mack                   McLeod
Miller                 Neal, J.M.             Ott

Printed Page 1354 . . . . . Monday, March 12, 2001

Parks                  Phillips               Rhoad
Rivers                 Scott                  Sheheen
Smith, G.M.            Smith, J.E.            Snow
Walker                 Weeks                  Whipper
Wilder                 Young, J.

Total--44

So, the amendment was tabled.

Rep. KENNEDY proposed the following Amendment No. 56 (Doc Name council\skb\amend\18272som01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 21, line 8, opposite /Technology Initiative/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

10,700,000   10,700,000
Amend the bill further, as and if amended, page 22, line 30, opposite /S. C. First Steps/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

15,000,000   15,000,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KENNEDY explained the amendment.

Rep. COTTY moved to table the amendment.

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

Yeas 77; Nays 30

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Bingham
Campsen                Cato                   Chellis
Coates                 Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Frye                   Hamilton               Harrell

Printed Page 1355 . . . . . Monday, March 12, 2001

Harrison               Haskins                Hinson
Huggins                Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Lourie                 Lucas                  Martin
McCraw                 McGee                  Meacham-Richardson
Merrill                Owens                  Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scarborough
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.R.            Smith, W.D.            Stille
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--77

Those who voted in the negative are:

Allen                  Bowers                 Breeland
Brown, G.              Brown, R.              Carnell
Clyburn                Coleman                Emory
Freeman                Gourdine               Govan
Hayes                  Hines, J.              Hines, M.
Hosey                  Jennings               Kennedy
Lee                    Lloyd                  Mack
McLeod                 Moody-Lawrence         Parks
Rivers                 Smith, J.E.            Stuart
Weeks                  Whipper                Wilder

Total--30

So, the amendment was tabled.

Section 1, as amended, was adopted.


Printed Page 1356 . . . . . Monday, March 12, 2001

SECTION 3

Section 3 was adopted.

SECTION 5A--AMENDED AND ADOPTED

Rep. STILLE proposed the following Amendment No. 27 (Doc Name h-wm\008\stilleche.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5A, COMMISSION ON HIGHER EDUCATION, page 38, line 13, opposite /Performance Funding/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

1,858,584   1,858,584
Renumber sections to conform.
Amend totals and titles to conform.

Rep. STILLE explained the amendment.

Rep. KEEGAN spoke against the amendment.

Rep. KEEGAN moved to table the amendment, which was agreed to by a division vote of 53 to 20.

Rep. DANTZLER proposed the following Amendment No. 193 (Doc Name h-wm\008\srebdant.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 5A, COMMISSION ON HIGHER EDUCATION, page 35, line 29, opposite /SREB CONT PRO SCHOLA/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

82,044       82,044
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 5A, as amended, was adopted.

SECTION 5B

Section 5B was adopted.


Printed Page 1357 . . . . . Monday, March 12, 2001

SECTION 5C

Section 5C was adopted.

SECTION 5F

Section 5F was adopted.

SECTION 5H--ADOPTED

Reps. CARNELL, KLAUBER, PARKS, TAYLOR and WILDER proposed the following Amendment No. 32 (Doc Name h-wm\008\lander800.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5H, LANDER UNIVERSITY, page 57, line 14, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

800,000     800,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KLAUBER explained the amendment.

Rep. CARNELL spoke in favor of the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. TAYLOR spoke in favor of the amendment.

Rep. KEEGAN moved to table the amendment.

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

Yeas 68; Nays 43

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Brown, J.
Campsen                Cato                   Chellis
Coates                 Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Frye                   Gilham                 Harrell
Harrison               Haskins                Hinson
Keegan                 Kelley                 Kennedy
Kirsh                  Knotts                 Koon

Printed Page 1358 . . . . . Monday, March 12, 2001

Law                    Leach                  Limehouse
Littlejohn             Loftis                 Martin
Meacham-Richardson     Merrill                Ott
Owens                  Perry                  Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scarborough
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.R.
Snow                   Stuart                 Talley
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   White                  Wilkins
Young, A.              Young, J.

Total--68

Those who voted in the negative are:

Allen                  Bales                  Bowers
Breeland               Brown, G.              Brown, R.
Carnell                Clyburn                Cobb-Hunter
Emory                  Fleming                Freeman
Gourdine               Govan                  Hayes
Hines, J.              Hines, M.              Hosey
Jennings               Klauber                Lee
Lloyd                  Lourie                 Lucas
Mack                   McCraw                 McGee
McLeod                 Miller                 Moody-Lawrence
Neal, J.M.             Parks                  Phillips
Rhoad                  Rivers                 Sheheen
Smith, J.E.            Stille                 Taylor
Weeks                  Whatley                Whipper
Wilder

Total--43

So, the amendment was tabled.

Section 5H was adopted.


Printed Page 1359 . . . . . Monday, March 12, 2001

SECTION 5J--ADOPTED

Reps. BREELAND and J. HINES proposed the following Amendment No. 132 (Doc Name h-wm\007\bree2.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5J, SOUTH CAROLINA STATE UNIVERSITY, page 58, line 15, opposite /Transportation Center/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

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

Rep. BREELAND explained the amendment.

Rep. KEEGAN moved to table the amendment.

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

Yeas 65; Nays 42

Those who voted in the affirmative are:

Altman                 Barfield               Barrett
Bingham                Campsen                Cato
Chellis                Coates                 Cooper
Cotty                  Dantzler               Delleney
Easterday              Edge                   Fleming
Frye                   Gilham                 Harrell
Harrison               Haskins                Hinson
Huggins                Keegan                 Kelley
Kirsh                  Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Martin                 McCraw                 McGee
Meacham-Richardson     Merrill                Owens
Perry                  Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scarborough            Sharpe
Simrill                Sinclair               Smith, D.C.
Smith, G.M.            Smith, J.R.            Stuart
Talley                 Taylor                 Thompson

Printed Page 1360 . . . . . Monday, March 12, 2001

Trotter                Vaughn                 Walker
Webb                   White                  Wilkins
Young, A.              Young, J.

Total--65

Those who voted in the negative are:

Allen                  Bales                  Battle
Bowers                 Breeland               Brown, G.
Brown, R.              Clyburn                Cobb-Hunter
Coleman                Emory                  Freeman
Gourdine               Govan                  Harvin
Hayes                  Hines, J.              Hines, M.
Howard                 Jennings               Kennedy
Lee                    Lloyd                  Lourie
Mack                   McLeod                 Miller
Moody-Lawrence         Neal, J.M.             Ott
Parks                  Phillips               Rhoad
Rivers                 Scott                  Sheheen
Smith, J.E.            Snow                   Stille
Weeks                  Whipper                Wilder

Total--42

So, the amendment was tabled.

Rep. GOVAN proposed the following Amendment No. 173 (Doc Name h-wm\001\scstate 1.3m.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5J, SOUTH CAROLINA STATE UNIVERSITY, page 58, line 15, opposite /Transportation Center/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

500,000     500,000
Amend the bill further, as and if amended, page 58, after line 18, in Columns 5 and 6 by adding:

Column 5   Column 6
DHEC HEALTH
AND SAFETY
REMEDIATION   800,000   800,000


Printed Page 1361 . . . . . Monday, March 12, 2001

Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

Rep. KEEGAN spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.

Rep. KEEGAN moved to table the amendment, which was agreed to by a division vote of 54 to 37.

Rep. BOWERS proposed the following Amendment No. 155 (Doc Name council\nbd\amend\11369std01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5J, SOUTH CAROLINA STATE UNIVERSITY, page 59, line 39, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

1,600,000   1,600,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BOWERS explained the amendment.

Rep. KEEGAN moved to table the amendment.

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

Yeas 66; Nays 41

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Coates
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Edge
Fleming                Frye                   Gilham
Harrell                Harrison               Haskins
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn

Printed Page 1362 . . . . . Monday, March 12, 2001

Lucas                  Martin                 McCraw
McGee                  Meacham-Richardson     Merrill
Owens                  Perry                  Phillips
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scarborough            Sharpe                 Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.R.            Talley                 Thompson
Tripp                  Trotter                Vaughn
Walker                 Webb                   White
Wilkins                Young, A.              Young, J.

Total--66

Those who voted in the negative are:

Allen                  Bales                  Battle
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Clyburn
Cobb-Hunter            Coleman                Emory
Freeman                Gourdine               Govan
Harvin                 Hayes                  Hines, J.
Hines, M.              Howard                 Jennings
Kennedy                Lee                    Lloyd
Lourie                 Mack                   McLeod
Miller                 Moody-Lawrence         Neal, J.M.
Ott                    Parks                  Rhoad
Rivers                 Scott                  Sheheen
Smith, J.E.            Snow                   Stuart
Weeks                  Whipper

Total--41

So, the amendment was tabled.

Section 5J was adopted.

SECTION 5KA

Section 5KA was adopted.

SECTION 5KB

Section 5KB was adopted.


Printed Page 1363 . . . . . Monday, March 12, 2001

SECTION 5KC

Section 5KC was adopted.

SECTION 5KD--ADOPTED

Rep. RODGERS proposed the following Amendment No. 103 (Doc Name h-wm\008\rogers usc b.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KD, USC BEAUFORT, page 70, line 22, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

281,319     281,319
Amend the bill further, as and if amended, page 69, line 8, opposite /other personal services/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

718,681     718,681
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RODGERS explained the amendment.

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

Rep. BOWERS proposed the following Amendment No. 107 (Doc Name h-wm\008\bowersbea.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KD, USC - BEAUFORT CAMPUS, page 70, line 22, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

281,319     281,319
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BOWERS explained the amendment.

LEAVE OF ABSENCE

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

Rep. BOWERS continued speaking.


Printed Page 1364 . . . . . Monday, March 12, 2001

SPEAKER PRO TEMPORE IN CHAIR

Rep. BOWERS continued speaking.
Rep. BOWERS spoke in favor of the amendment.

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

Rep. BOWERS proposed the following Amendment No. 109 (Doc Name council\swb\amend\5222sd01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KD, USC - BEAUFORT CAMPUS, page 70, line 22, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

250,000     250,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BOWERS explained the amendment.

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

Section 5KD was adopted.

SECTION 5KE--ADOPTED

Rep. BOWERS proposed the following Amendment No. 105 (Doc Name council\swb\amend\5223sd01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KE, USC - LANCASTER CAMPUS, page 72, line 25, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

300,000     300,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BOWERS explained the amendment.
Rep. EMORY spoke in favor of the amendment.

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

Section 5KE was adopted.


Printed Page 1365 . . . . . Monday, March 12, 2001

SECTION 5KF--ADOPTED

Rep. BOWERS proposed the following Amendment No. 108 (Doc Name h-wm\008\bowerssal.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KF, USC - SALKEHATCHIE CAMPUS, page 74, line 21, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

277,850     277,850
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BOWERS explained the amendment.

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

Section 5KF was adopted.

SECTION 5KG--ADOPTED

Rep. BOWERS proposed the following Amendment No. 101 (Doc Name council\swb\amend\5225sd01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KG, USC - SUMTER CAMPUS, page 76, line 25, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

300,000     300,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BOWERS explained the amendment.

Rep. KEEGAN moved to table the amendment.

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

Yeas 71; Nays 36

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Coates
Coleman                Cooper                 Cotty

Printed Page 1366 . . . . . Monday, March 12, 2001

Dantzler               Davenport              Delleney
Easterday              Edge                   Frye
Gourdine               Hamilton               Harrell
Harrison               Haskins                Hayes
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Loftis
Lucas                  Martin                 McCraw
Meacham-Richardson     Merrill                Owens
Perry                  Phillips               Quinn
Rice                   Riser                  Robinson
Sandifer               Scarborough            Sharpe
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, J.R.            Snow
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Walker                 Webb
Whatley                White                  Wilkins
Witherspoon            Young, A.

Total--71

Those who voted in the negative are:

Allen                  Bales                  Bowers
Breeland               Brown, G.              Brown, R.
Carnell                Clyburn                Emory
Fleming                Freeman                Gilham
Govan                  Harvin                 Hines, J.
Hines, M.              Hosey                  Jennings
Kennedy                Lloyd                  Lourie
McGee                  McLeod                 Miller
Moody-Lawrence         Neal, J.M.             Rhoad
Rivers                 Rodgers                Scott
Sheheen                Smith, G.M.            Smith, J.E.
Weeks                  Whipper                Young, J.

Total--36


Printed Page 1367 . . . . . Monday, March 12, 2001

So, the amendment was tabled.

Section 5KG was adopted.

SECTION 5KH--ADOPTED

Rep. BOWERS proposed the following Amendment No. 106 (Doc Name council\swb\amend\5226sd01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KH, USC - UNION CAMPUS, page 78, line 21, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

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

Rep. BOWERS explained the amendment.

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

Rep. FLEMING proposed the following Amendment No. 123 (Doc Name h-wm\008\fleming usc u.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KH, USC UNION, page 78, line 24, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

135,602     135,602
Renumber sections to conform.
Amend totals and titles to conform.

Rep. FLEMING explained the amendment.

Rep. HOWARD moved to table the amendment.

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

Yeas 73; Nays 32

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Breeland
Brown, G.              Brown, J.              Campsen

Printed Page 1368 . . . . . Monday, March 12, 2001

Cato                   Chellis                Cooper
Cotty                  Dantzler               Easterday
Frye                   Gourdine               Hamilton
Harrell                Harrison               Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Keegan
Kelley                 Kirsh                  Knotts
Koon                   Leach                  Limehouse
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Martin
McCraw                 Meacham-Richardson     Merrill
Moody-Lawrence         Ott                    Owens
Parks                  Perry                  Rhoad
Rice                   Riser                  Robinson
Sandifer               Scarborough            Scott
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, J.R.            Snow
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Walker
Webb                   Whatley                Whipper
White

Total--73

Those who voted in the negative are:

Allen                  Bales                  Bowers
Brown, R.              Carnell                Clyburn
Coates                 Coleman                Davenport
Edge                   Emory                  Fleming
Freeman                Gilham                 Hayes
Jennings               Klauber                Lee
McGee                  McLeod                 Miller
Neal, J.M.             Phillips               Rivers
Rodgers                Sheheen                Smith, F.N.
Smith, G.M.            Smith, J.E.            Weeks
Witherspoon            Young, J.

Total--32


Printed Page 1369 . . . . . Monday, March 12, 2001

So, the amendment was tabled.

Section 5KH was adopted.

SPEAKER IN CHAIR

SECTION 5L

Section 5L was adopted.

SECTION 5N--ADOPTED

Rep. RODGERS proposed the following Amendment No. 102 (Doc Name h-wm\008\rodgers tec.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5N, TECHNICAL & COMPREHENSIVE EDUCATION BOARD, page 87, immediately after line 34, by inserting a new line to read:

Column 5   Column 6
Technical
College of the
Low Country   1,000,000   1,00,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RODGERS explained the amendment.

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

Section 5N was adopted.

SECTION 7

Section 7 was adopted.

SECTION 8--ADOPTED

Rep. LOURIE proposed the following Amendment No. 66 (Doc Name h-wm\006\hhs-child health ins.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 8, DEPT. OF HEALTH AND HUMAN SERVICES, page 100, line 19, opposite /child health insurance/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

3,619,000   1,100,000


Printed Page 1370 . . . . . Monday, March 12, 2001

Renumber sections to conform.
Amend totals and titles to conform.

Rep. LOURIE explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 67; Nays 39

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Bowers
Cato                   Chellis                Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Hamilton               Harrell                Harrison
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Martin
McCraw                 McGee                  Meacham-Richardson
Merrill                Owens                  Perry
Phillips               Quinn                  Rice
Riser                  Sandifer               Scarborough
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, J.R.            Stuart
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Webb                   White
Wilkins                Witherspoon            Young, A.
Young, J.

Total--67

Those who voted in the negative are:

Allen                  Bales                  Battle
Breeland               Brown, G.              Brown, J.

Printed Page 1371 . . . . . Monday, March 12, 2001

Brown, R.              Carnell                Clyburn
Cobb-Hunter            Emory                  Freeman
Gourdine               Govan                  Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Jennings
Kennedy                Lloyd                  Lourie
Mack                   McLeod                 Miller
Moody-Lawrence         Neal, J.M.             Ott
Parks                  Rhoad                  Rivers
Scott                  Smith, J.E.            Snow
Stille                 Weeks                  Whipper

Total--39

So, the amendment was tabled.

Rep. LLOYD proposed the following Amendment No. 33 (Doc Name h-wm\002\hhs medicaid -24m.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 102, line 22, opposite /2000-01 Non-Recur./ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

24,000,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LLOYD explained the amendment.

Rep. QUINN moved to table the amendment.

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

Yeas 80; Nays 27

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barrett                Battle                 Bingham
Brown, J.              Campsen                Carnell
Cato                   Chellis                Coates
Cooper                 Cotty                  Dantzler

Printed Page 1372 . . . . . Monday, March 12, 2001

Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Frye                   Hamilton               Harrell
Harrison               Haskins                Hayes
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
Martin                 McCraw                 McGee
Meacham-Richardson     Merrill                Neal, J.M.
Owens                  Perry                  Phillips
Quinn                  Rice                   Riser
Sandifer               Scarborough            Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, G.M.            Smith, J.R.            Snow
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--80

Those who voted in the negative are:

Allen                  Bowers                 Breeland
Brown, G.              Brown, R.              Clyburn
Freeman                Gourdine               Govan
Harvin                 Hines, J.              Hines, M.
Hosey                  Howard                 Jennings
Kennedy                Lee                    Lloyd
Mack                   Miller                 Moody-Lawrence
Parks                  Rhoad                  Rivers
Scott                  Smith, F.N.            Weeks

Total--27

So, the amendment was tabled.


Printed Page 1373 . . . . . Monday, March 12, 2001

Rep. COBB-HUNTER proposed the following Amendment No. 200 (Doc Name h-wm\002\cobb-hunter hearing#.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 8, DEPT. OF HEALTH AND HUMAN SERVICES, page 102, lines 18-19, opposite /Home & Community Based Services for Seniors/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

2,400,000   2,400,000
Amend the bill further, as and if amended, page 102, line 20, opposite /Ombudsman/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

165,000     165,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. HOWARD spoke in favor of the amendment.

Rep. KELLEY moved to table the amendment.

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

Yeas 64; Nays 53

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Easterday
Edge                   Fleming                Frye
Hamilton               Harrell                Harrison
Haskins                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Martin
Meacham-Richardson     Merrill                Owens
Perry                  Quinn                  Rice

Printed Page 1374 . . . . . Monday, March 12, 2001

Riser                  Robinson               Sandifer
Scarborough            Sharpe                 Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   White
Wilkins                Witherspoon            Young, A.
Young, J.

Total--64

Those who voted in the negative are:

Allen                  Bales                  Battle
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Carnell
Clyburn                Coates                 Cobb-Hunter
Coleman                Davenport              Delleney
Emory                  Freeman                Gourdine
Govan                  Harvin                 Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Jennings               Kennedy
Lee                    Lloyd                  Lourie
Lucas                  Mack                   McCraw
McGee                  McLeod                 Miller
Moody-Lawrence         Neal, J.M.             Ott
Parks                  Phillips               Rhoad
Rivers                 Rodgers                Scott
Sheheen                Simrill                Smith, F.N.
Smith, J.E.            Snow                   Stille
Weeks                  Whipper

Total--53

So, the amendment was tabled.

Reps. EMORY, OTT and MCLEOD proposed the following Amendment No. 190 (Doc Name bbm\amend\10024htc01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 100,


Printed Page 1375 . . . . . Monday, March 12, 2001

line 4, opposite /Hospital Services/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

7,700,000   7,700,000
Amend the bill further, as and if amended, page 100, line 7, opposite /Pharmaceutical Services/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

8,000,000   8,000,000
Amend the bill further, as and if amended, page 100, line 8, opposite /Physician Services/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

5,000,000   5,000,000
Amend the bill further, as and if amended, page 100, line 12, opposite /Other Medicaid Services/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

5,000,000   5,000,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. OTT explained the amendment.

Rep. OTT spoke in favor of the amendment.
Rep. EMORY spoke in favor of the amendment.
Rep. MCLEOD spoke in favor of the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 70; Nays 41

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Bingham
Campsen                Cato                   Chellis
Coates                 Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge

Printed Page 1376 . . . . . Monday, March 12, 2001

Fleming                Frye                   Hamilton
Harrell                Harrison               Haskins
Hinson                 Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Lourie                 Lucas                  Martin
McCraw                 McGee                  Meacham-Richardson
Merrill                Owens                  Perry
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scarborough            Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, J.R.            Talley                 Taylor
Thompson               Townsend               Trotter
Vaughn                 Walker                 Webb
White                  Wilkins                Witherspoon
Young, A.

Total--70

Those who voted in the negative are:

Allen                  Battle                 Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Clyburn                Emory
Freeman                Gourdine               Govan
Harvin                 Hayes                  Hines, J.
Hines, M.              Hosey                  Jennings
Kennedy                Lee                    Lloyd
Mack                   McLeod                 Miller
Moody-Lawrence         Neal, J.M.             Ott
Parks                  Phillips               Rhoad
Rivers                 Scott                  Smith, F.N.
Smith, G.M.            Smith, J.E.            Snow
Stille                 Weeks                  Whatley
Whipper                Young, J.

Total--41


Printed Page 1377 . . . . . Monday, March 12, 2001

So, the amendment was tabled.

Section 8 was adopted.

SECTION 9--INTERRUPTED DEBATE

Rep. LOURIE proposed the following Amendment No. 124 (Doc Name h-wm\006\dhec-nbh state.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 9, DEPT. OF HEALTH AND ENVIRONMENTAL CONTROL, page 115, line 18, opposite /Hearing Screenings/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

1,150,000   1,150,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LOURIE explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 62; Nays 47

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Fleming                Frye                   Hamilton
Harrell                Harrison               Haskins
Hinson                 Keegan                 Kelley
Kirsh                  Klauber                Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Martin                 McCraw                 McGee
Meacham-Richardson     Merrill                Owens
Perry                  Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scarborough            Sharpe

Printed Page 1378 . . . . . Monday, March 12, 2001

Simrill                Sinclair               Smith, D.C.
Smith, G.M.            Smith, J.R.            Smith, W.D.
Townsend               Trotter                Vaughn
White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--62

Those who voted in the negative are:

Allen                  Bales                  Battle
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Clyburn
Coleman                Edge                   Emory
Freeman                Gourdine               Govan
Harvin                 Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Jennings               Kennedy                Lee
Lloyd                  Lourie                 McLeod
Miller                 Moody-Lawrence         Neal, J.M.
Ott                    Parks                  Phillips
Rivers                 Scott                  Sheheen
Smith, F.N.            Smith, J.E.            Snow
Stille                 Talley                 Taylor
Thompson               Webb                   Weeks
Whatley                Whipper

Total--47

So, the amendment was tabled.

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

MOTION NOTED

Rep. HARRELL moved to reconsider the vote whereby SECTIONS 1, 2, 3, 4, 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H, 5J, 5KA, 5KB, 5KC, 5KD, 5KE, 5KF, 5KG, 5KH, 5L, 5MA, 5MC, 5N, 6, 7, 8, 15, 17, 19, 20, 21, 23, 25, 26, 28, 29, 32, 38, 41, 42, 43, 44, 45, 46, 47, 48, 49, 51, 52, 53A, 54C, 54D, 54E, 54F, 54G, 54H, 55, 56D, 57, 58, 60, 61, 62, 63A, 63F, 63H, 64, 65, 66, and 67 were adopted and the motion was noted.


Printed Page 1379 . . . . . Monday, March 12, 2001

Further proceedings were interrupted by adjournment, the pending question being consideration of amendments, Section 9.

ADJOURNMENT

At 6:55 p.m. the House, in accordance with the motion of Rep. COLEMAN, adjourned in memory of Doreatha Williams McKee of Blair, to meet at 10:00 a.m. tomorrow.

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