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


Printed Page 1446 . . . . . Wednesday, March 14, 2001

Wednesday, March 14, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 9:30 a.m.
Deliberations were opened with prayer by Rep. WEEKS as follows:

Our Father and our God, we thank You today for the great honor and privilege of assembling ourselves together at this place and time for the purpose of transacting the business of the people of this State. We thank You for the many blessings that You have bestowed upon us, and as we begin today's session, we ask You to touch every heart and mind, that the decisions that we make today will not be made out of malice or selfishness, or any negative thing. Instead, let us be genuinely motivated by a positive commitment to diligently serve and advocate the best interests of the citizens who sent us here. We ask all these blessings in your Holy name. Amen.

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

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

MOTION ADOPTED

Rep. DAVENPORT moved that when the House adjourns, it adjourn in memory of Leroy Kolb of the North Spartanburg Community, which was agreed to.

REPORTS OF STANDING COMMITTEE

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3529 (Word version) -- Reps. Stille, Townsend, Carnell, Allison, Littlejohn, Sandifer and Walker: A BILL TO AMEND SECTIONS 59-4-20 AND 59-4-40, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND FUND ADMINISTRATION FOR PURPOSES OF THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM ACT, SO AS TO FURTHER DEFINE "TUITION" AND TO PROVIDE THAT THE


Printed Page 1447 . . . . . Wednesday, March 14, 2001

CONTENTS OF THE REVOLVING FUND, INCLUDING ANY RIGHT OF REFUND OR ANY OTHER RIGHT ACCRUED BY A PERSON IN THE FUND IS EXEMPT FROM LEGAL PROCESS AND IS UNASSIGNABLE.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3533 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-101-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION'S ANNUAL REPORT UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO FURTHER PROVIDE FOR THAT INFORMATION WHICH MUST BE SUBMITTED BY TWO-YEAR AND FOUR-YEAR POST-SECONDARY INSTITUTIONS FOR INCLUSION IN THE REPORT.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3534 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-101-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND UNIVERSITIES EMPHASIZING TEACHING AS A CAREER OPPORTUNITY, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE REQUIREMENTS ARE IMPLEMENTED, AND FOR THE CONTENT OF TEACHER EDUCATION PROGRAMS.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:

H. 3014 (Word version) -- Reps. Kirsh, Meacham-Richardson, Witherspoon, Stille and Walker: A BILL TO AMEND SECTION 56-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF A MOTOR VEHICLE BY A NONRESIDENT OWNER, SO AS TO PROVIDE FOR A SWORN WRITTEN RESPONSE TO INQUIRY AS TO NONRESIDENCY BY


Printed Page 1448 . . . . . Wednesday, March 14, 2001

THE COUNTY AUDITOR OF ANY COUNTY IN WHICH A NONRESIDENT OWNS OR LEASES REAL OR PERSONAL PROPERTY, TO MAKE THE WILLFUL FAILURE TO REGISTER IN A TIMELY MANNER A MISDEMEANOR, AND TO PROVIDE FOR PENALTIES AND PAYMENT OF TWICE THE PERSONAL PROPERTY TAXES PROPERLY DUE AND PAYABLE ON THE VEHICLE, PLUS PENALTIES AND INTEREST.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3030 (Word version) -- Reps. Harvin, Littlejohn and Clyburn: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMBLEMS, PLEDGE TO THE STATE FLAG, AND OFFICIAL OBSERVANCES, BY ADDING SECTION 1-1-707 SO AS TO PROVIDE THAT THE SOUTH CAROLINA HALL OF FAME LOCATED AT MYRTLE BEACH IS THE OFFICIAL HALL OF FAME FOR THE STATE OF SOUTH CAROLINA; AND TO AMEND SECTION 23-25-20, AS AMENDED, RELATING TO CREATION OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME, SO AS TO CLARIFY THAT THE NAME OF THE LAW ENFORCEMENT OFFICERS HALL OF FAME ADMINISTERED AS AN OFFICE OF THE DEPARTMENT OF PUBLIC SAFETY IS THE "SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME" RATHER THAN THE "SOUTH CAROLINA HALL OF FAME".
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:

H. 3485 (Word version) -- Reps. Phillips, Littlejohn, McCraw and Whipper: A BILL TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO MEMBERS OF MUNICIPAL COUNCILS, COUNTY COUNCILS, AND COUNTY CORONERS BY THE DEPARTMENT OF PUBLIC SAFETY FOR PRIVATE PASSENGER MOTOR VEHICLES OWNED BY THEM, SO AS TO PROVIDE THAT THE


Printed Page 1449 . . . . . Wednesday, March 14, 2001

DEPARTMENT MAY ISSUE SPECIAL LICENSE PLATES TO MAYORS.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3702 (Word version) -- Reps. Govan, Ott, Stuart, Cobb-Hunter, Sharpe, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE GENERAL ASSEMBLY AND THE STATE OF SOUTH CAROLINA AT THE DEATH OF ORANGEBURG MAYOR, THE HONORABLE MARTIN CHEATHAM, AND JOINING THE CITIZENS OF THE CITY OF ORANGEBURG AND THE STATE IN GRATEFULLY REMEMBERING AND HONORING HIS EXPANSIVE PUBLIC SERVICE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 450 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES


Printed Page 1450 . . . . . Wednesday, March 14, 2001

OF THE MEMBERS OF THE GENERAL ASSEMBLY TO REVEREND DOCTOR WESTBERRY HOMER NEAL, PASTOR OF ST. JOHN BAPTIST CHURCH IN THE TOWN OF HOPKINS IN RICHLAND COUNTY, ON THE OCCASION OF HIS RETIREMENT AND WISHING HIM MANY YEARS OF GOOD HEALTH AND HAPPINESS AND CONTINUED SERVICE TO THE CITIZENS OF HIS COMMUNITY AND OUR STATE.

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

INTRODUCTION OF BILLS

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

H. 3703 (Word version) -- Reps. Townsend, Cotty, Webb, A. Young, Allison, Riser, Stille, Stuart, Keegan, Kennedy, Gilham, Martin, Littlejohn, Limehouse, Taylor, Coates, Kelley, Knotts, McGee, Ott, Rivers, Sinclair, Snow, Walker, Whatley and Wilder: A BILL TO AMEND SECTION 56-3-1230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND ISSUANCE OF LICENSE PLATES, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE NEW LICENSE PLATES AT LEAST EVERY SIX YEARS, AND TO PROVIDE THAT THE DEPARTMENT MUST COLLECT A ONE DOLLAR FEE WHEN A VEHICLE IS REGISTERED OR REREGISTERED TO OFFSET THE COSTS ASSOCIATED WITH THE PRODUCTION OF NEW LICENSE PLATES.
Referred to Committee on Education and Public Works

H. 3704 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2360, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3705 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE


Printed Page 1451 . . . . . Wednesday, March 14, 2001

COMMISSION ON HIGHER EDUCATION, RELATING TO LIFE AND PALMETTO FELLOWS SCHOLARSHIP APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2514, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3706 (Word version) -- Reps. Loftis, Knotts, Simrill, Whatley, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Bingham, Bowers, J. Brown, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gilham, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Koon, Law, Leach, Limehouse, Littlejohn, Lucas, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, J. M. Neal, Owens, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scarborough, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, White, Witherspoon, A. Young and J. Young: A BILL TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE REQUIREMENTS, NOTICE CONTENTS, AND INFORMATION TO BE PROVIDED TO THE GENERAL ASSEMBLY IN CONNECTION WITH THE PROMULGATION AND REVIEW OF REGULATIONS, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE SCIENTIFIC OR TECHNICAL BASIS AND STUDIES USED IN DEVELOPING THE REGULATIONS, INCLUDING A SUMMARY OF THESE STUDIES, COPIES OF WHICH ALSO MUST BE AVAILABLE TO THE PUBLIC.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 3707 (Word version) -- Reps. J. Young, G. M. Smith, Harvin, Kennedy and Weeks: A BILL TO AMEND SECTION 50-5-1505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TIMES, METHODS, EQUIPMENT, SIZE AND TAKE LIMITS FOR SHAD, HERRING, AND STURGEON IN THE SANTEE RIVER SO AS TO PROVIDE FOR SEASONS, TIMES, METHODS, EQUIPMENT, SIZE AND TAKE LIMITS IN THAT PORTION OF THE SANTEE RIVER BELOW THE CABLE AND


Printed Page 1452 . . . . . Wednesday, March 14, 2001

BUOYS MARKING THE SEAWARD BOUNDARY OF THE WILSON DAM SANCTUARY DESIGNATED BY THE DEPARTMENT OF NATURAL RESOURCES SEAWARD TO WILSON DAM LANDING AND FURTHER PROVIDE FOR NO OPEN SEASON IN THE SANTEE RIVER SEAWARD OF WILSON BOAT LANDING.
Rep. J. YOUNG asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. RHOAD objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3708 (Word version) -- Reps. Bingham, J. E. Smith, Lourie, Sheheen and F. N. Smith: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE GOVERNOR'S SCHOOL FOR TEACHING, LEARNING, AND TECHNOLOGY AS A RESOURCE FOR ALL PUBLIC SCHOOLS IN THE STATE, TO PROVIDE FOR A GOVERNING BOARD FOR THE SCHOOL, AND TO PROVIDE FOR THE MANNER THE SCHOOL IS ESTABLISHED, OPERATED, AND FUNDED.
Referred to Committee on Education and Public Works

S. 46 (Word version) -- Senators Ford, Elliott, Reese and Branton: A BILL TO AMEND CHAPTER 1, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF OFFICERS OF THE DEPARTMENT OF PUBLIC SAFETY, BY ADDING SECTION 23-1-230 SO AS TO PROVIDE THAT AGENCIES WHICH EMPLOY LAW ENFORCEMENT OFFICERS TO ENFORCE THE TRAFFIC LAWS OF THIS STATE MUST COLLECT AND MAINTAIN CERTAIN DATA RELATING TO VEHICLE TRAFFIC ENFORCEMENT, INCLUDING, BUT NOT LIMITED TO, THE RACE OR ETHNICITY OF THE DRIVER STOPPED.
Referred to Committee on Judiciary

S. 143 (Word version) -- Senators Leatherman and Branton: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF


Printed Page 1453 . . . . . Wednesday, March 14, 2001

A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.
Referred to Committee on Ways and Means

S. 205 (Word version) -- Senator Matthews: A BILL TO AMEND SECTION 1-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEETINGS OF THE MINORITY AFFAIRS COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MUST MEET QUARTERLY AND AS THE CHAIRMAN FINDS NECESSARY INSTEAD OF MEETING AT LEAST MONTHLY.
Referred to Committee on Judiciary

S. 271 (Word version) -- Senators Wilson, Giese and Setzler: A BILL TO AMEND SECTION 12-60-2510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO PROVIDE THAT IN YEARS WHERE THERE IS NO NOTICE OF PROPERTY TAX ASSESSMENT, THE TAXPAYER MUST GIVE THE ASSESSOR WRITTEN NOTICE OF AN OBJECTION ON OR BEFORE MAY FIRST RATHER THAN MARCH FIRST.
Referred to Committee on Ways and Means

CONCURRENT RESOLUTION

The following was introduced:

H. 3709 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION CONGRATULATING LATTA HIGH SCHOOL VIKINGS BOYS BASKETBALL TEAM ON WINNING THE CLASS A STATE CHAMPIONSHIP.

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

ROLL CALL

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

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

Printed Page 1454 . . . . . Wednesday, March 14, 2001

Chellis                Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Dantzler               Davenport              Easterday
Emory                  Fleming                Freeman
Frye                   Gilham                 Gourdine
Govan                  Hamilton               Harrell
Harrison               Harvin                 Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Huggins
Jennings               Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Littlejohn             Lloyd
Lourie                 Lucas                  Mack
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Neal, J.M.             Ott                    Owens
Parks                  Perry                  Quinn
Rhoad                  Rice                   Riser
Rivers                 Robinson               Rodgers
Sandifer               Scarborough            Sharpe
Simrill                Sinclair               Smith, D.C.
Smith, G.M.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Stuart                 Talley                 Taylor
Townsend               Tripp                  Trotter
Walker                 Webb                   Weeks
Whatley                Whipper                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 Wednesday, March 14.

Leon Howard                       Tracy Edge
Michael Thompson                  Kenneth Kennedy
Greg Delleney                     Lewis Vaughn
Joseph Neal                       H.B. "Chip" Limehouse
John Scott                        Todd Rutherford
Becky Martin                      Bill Cotty
Vincent Sheheen                   George Campsen

Printed Page 1455 . . . . . Wednesday, March 14, 2001

Fletcher Smith                    Olin Phillips
Dwight Loftis

Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence due to illness.

DOCTOR OF THE DAY

Announcement was made that Dr. Frederick Reed of Charleston 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. 3010 (Word version)
Date:   ADD:
03/14/01   DELLENEY

CO-SPONSOR ADDED

Bill Number:   H. 3047 (Word version)
Date:   ADD:
03/14/01   RODGERS


Printed Page 1456 . . . . . Wednesday, March 14, 2001

CO-SPONSOR ADDED

Bill Number:   H. 3252 (Word version)
Date:   ADD:
03/14/01   DELLENEY

CO-SPONSOR ADDED

Bill Number:   H. 3462 (Word version)
Date:   ADD:
03/14/01   TALLEY

H. 3687--AMENDED AND INTERRUPTED DEBATE

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

H. 3687--THE GENERAL APPROPRIATION BILL

PART IB

SECTION 1--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 11 (Doc Name h-wm\007\1.29 ad lit.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 399, paragraph 1.29, line 4, by striking /Beginning in Fiscal Year 2000-2001,
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. HAYES proposed the following Amendment No. 286 (Doc Name council\skb\amend\18290som01.doc):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION (SDE: SAT Preparation), page 400, paragraph 1.39, line 26, by inserting:
/ The Department of Education shall develop Guidelines for the SAT Award Program recognizing the schools with the highest gain in SAT scores. /
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1457 . . . . . Wednesday, March 14, 2001

Rep. HAYES explained the amendment.

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

Rep. GOVAN proposed the following Amendment No. 118 (Doc Name h-wm\007\govan 1.42.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 401, paragraph 42, lines 3-8, by striking /The paragraph in its entirety/ and inserting /Notwithstanding any other provision of law, all funding related to the EAA Report Card shall be used for the Parent Child Home Program/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

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

Rep. GOVAN proposed the following Amendment No. 151 (Doc Name h-wm\007\govan 1.52.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 402, paragraph 52, line 10, by inserting after /area/:
/, the pact scores shall be calculated with and without the scores of students with disabilities with the higher of the two being considered./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

POINT OF ORDER

Rep. J. R. SMITH raised the Point of Order that Amendment No. 151 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment did not relate to the appropriation of funds. He therefore sustained the Point of Order and ruled the amendment out of order.


Printed Page 1458 . . . . . Wednesday, March 14, 2001

Reps. TOWNSEND and ALLISON proposed the following Amendment No. 137 (Doc Name h-wm\007\sumschool.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 403, paragraph 62, lines 31-36 and page 404, paragraph 62, lines 1-4, by striking /The provision in its entirety/ and inserting /Funds appropriated for summer school shall be allocated to each local public school district based on the number of academic subject area scores below the basic on the prior year Spring PACT administration for students in grades three through eight. However, for school year 2001-2002, individual student scores on the 2001 PACT shall not be the sole criterion used to determine whether a student on an academic plan the prior year will be placed on probation or retained. Individual student scores on the 2001 PACT shall not be the sole criterion for requiring students to attend summer school. School districts may consider other factors in placing students on academic probation or requiring summer school attendance. Students may not be placed on academic probation or retained based solely on the PACT 2001 test scores. Current year appropriations may be expended for prior year EAA summer school purposes. Local public school districts shall utilize these funds in accordance with the requirements of Section 59-18-500 of the 1976 Code. The State Department of Education is directed to develop or utilize tests to be administered to students on academic probation required to attend summer school. The test shall be such that it can be graded by the district at the completion of summer school. The test shall be a determinate in judging whether the student has the skills to succeed at the next grade level./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ALLISON explained the amendment.

Rep. HAYES spoke upon the amendment.

The amendment was then adopted.

Rep. GOVAN proposed the following Amendment No. 207 (Doc Name h-wm\007\sde com on transp.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 405, after line 12, by adding an appropriately numbered paragraph to read:


Printed Page 1459 . . . . . Wednesday, March 14, 2001

/(SDE: Study Committee on Transportation) Of the funds provided to the Department of Education, there is created a Study Committee on Transportation which shall consist of one member from each of the following: the House Ways and Means Health, Social Services and Medicaid Subcommittee and the Public Education and Special Schools Subcommittee appointed by the Chairman of the Ways and Means Committee, the House of Representatives appointed by the Speaker of the House, the Senate appointed by the President Pro Tempore of the Senate, the Superintendent of Education, and the Governor or his designee.

The purpose of the committee is to study the use of school buses in rural and underserved areas lacking public transportation as a means of providing transportation for the purpose of promoting and improving adult and family literacy. The study committee shall report to the General Assembly by January 2002 on its findings and recommendations./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

Rep. COTTY moved to table the amendment, which was agreed to by a division vote of 41 to 19.

Reps. ALLISON, HARRELL and WILKINS proposed the following Amendment No. 211 (Doc Name h-wm\007\fs5.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 405, after line 12, by inserting:
/The First Steps program must use the funds appropriated to, authorized for, and/or carried forward by the program to fully fund grants in the order that the applications were properly submitted and approved by the program./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ALLISON explained the amendment.

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


Printed Page 1460 . . . . . Wednesday, March 14, 2001

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

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

Yeas 17; Nays 99

Those who voted in the affirmative are:

Breeland               Brown, J.              Cotty
Howard                 Lucas                  Mack
McLeod                 Neal, J.H.             Parks
Rivers                 Rutherford             Scott
Smith, J.E.            Snow                   Weeks
Whatley                Whipper

Total--17

Those who voted in the negative are:

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Brown, G.              Brown, R.              Campsen
Carnell                Cato                   Chellis
Coates                 Cobb-Hunter            Coleman
Cooper                 Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Freeman                Frye
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Huggins                Jennings
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Martin
McCraw                 McGee                  Meacham-Richardson
Merrill                Miller                 Neal, J.M.
Ott                    Owens                  Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson

Printed Page 1461 . . . . . Wednesday, March 14, 2001

Rodgers                Sandifer               Scarborough
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, F.N.
Smith, G.M.            Smith, J.R.            Smith, W.D.
Stille                 Stuart                 Talley
Thompson               Townsend               Tripp
Trotter                Walker                 Webb
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

Total--99

So, the House refused to table the amendment.

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

RECORD FOR VOTING

For unknown reasons, my vote on Amendment No. 211 was not recorded. I would have voted 'nay' to the tabling of the Amendment. I voted for passage of Amendment No. 211 on a voice vote. I withdrew Amendments 125 and 126 that had the same effect as Amendment No. 211.

Rep. J. Adam Taylor

Rep. HINSON proposed the following Amendment No. 227 (Doc Name council\ggs\amend\22902cm01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 405, paragraph 1.____, by inserting after line 12:
/ 1.   (SDE: Local Flexibility) Notwithstanding any other provision of law, for fiscal year 2001-2002, a local school district may exercise flexibility when allocating state appropriated funds for its K-12 programs. /
Renumber paragraphs to conform.
Amend title to conform.

Rep. HINSON explained the amendment.

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


Printed Page 1462 . . . . . Wednesday, March 14, 2001

Rep. HINSON proposed the following Amendment No. 250 (Doc Name council\ggs\amend\22903cm01.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 405, paragraph 1._____, by inserting after line 12:
/1.   (SDE: Innovative Funding) Of the funds appropriated for instructional materials, ten million dollars shall be transferred to innovative funding for school districts. Of the funds appropriated for teacher/principal specialists, thirty million dollars shall be transferred to innovative funding for school districts./
Renumber paragraphs to conform.
Amend titles to conform.

Rep. HINSON explained the amendment.

Rep. STUART spoke in favor of the amendment.

Rep. COTTY moved to table the amendment.

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

Yeas 47; Nays 60

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barrett                Brown, J.              Campsen
Chellis                Cooper                 Cotty
Hamilton               Harrell                Harrison
Haskins                Keegan                 Kelley
Kirsh                  Klauber                Limehouse
Littlejohn             Loftis                 Lourie
McCraw                 Meacham-Richardson     Miller
Owens                  Rhoad                  Rice
Riser                  Rivers                 Rutherford
Sandifer               Sharpe                 Sheheen
Simrill                Sinclair               Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Talley                 Taylor                 Thompson
Townsend               Tripp                  Walker
White                  Wilkins

Total--47


Printed Page 1463 . . . . . Wednesday, March 14, 2001

Those who voted in the negative are:
Allen                  Battle                 Bingham
Bowers                 Breeland               Brown, G.
Brown, R.              Carnell                Cato
Clyburn                Coates                 Cobb-Hunter
Coleman                Dantzler               Davenport
Delleney               Edge                   Emory
Freeman                Frye                   Gourdine
Govan                  Harvin                 Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Jennings               Knotts                 Law
Leach                  Lee                    Lloyd
Lucas                  Mack                   McLeod
Merrill                Neal, J.H.             Neal, J.M.
Ott                    Perry                  Phillips
Robinson               Rodgers                Scarborough
Scott                  Smith, D.C.            Smith, F.N.
Smith, G.M.            Stille                 Stuart
Vaughn                 Webb                   Weeks
Whatley                Whipper                Wilder

Total--60

So, the House refused to table the amendment.

Rep. HARRELL spoke against the amendment.
Rep. HINSON spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 27; Nays 85

Those who voted in the affirmative are:

Allen                  Altman                 Bowers
Brown, R.              Dantzler               Freeman
Frye                   Harvin                 Hayes
Hines, M.              Hinson                 Huggins
Law                    Lee                    Lucas

Printed Page 1464 . . . . . Wednesday, March 14, 2001

McGee                  McLeod                 Merrill
Owens                  Scarborough            Sheheen
Smith, D.C.            Smith, F.N.            Smith, G.M.
Stuart                 Weeks                  Wilder

Total--27

Those who voted in the negative are:

Allison                Bales                  Barfield
Barrett                Battle                 Bingham
Breeland               Brown, G.              Brown, J.
Campsen                Carnell                Cato
Chellis                Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Cotty                  Davenport              Delleney
Edge                   Emory                  Fleming
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harrison
Haskins                Hines, J.              Hosey
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Knotts
Koon                   Leach                  Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Mack                   McCraw
Meacham-Richardson     Miller                 Neal, J.H.
Neal, J.M.             Ott                    Parks
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Rivers                 Robinson               Rodgers
Sandifer               Scott                  Sharpe
Simrill                Sinclair               Smith, J.E.
Smith, J.R.            Snow                   Stille
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Walker                 Webb                   Whatley
Whipper                White                  Wilkins
Young, A.

Total--85

So, the amendment was rejected.


Printed Page 1465 . . . . . Wednesday, March 14, 2001

RECORD FOR VOTING

I was out of the Chamber working on legislation when the roll call vote was taken on Amendment No. 250. Had I been present I would have voted 'yea.'

Rep. W. Jeff Young

Rep. GOVAN proposed the following Amendment No. 297 (Doc Name h-wm\007\sde com on transp#2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 405, after line 12, by adding an appropriately numbered paragraph to read:
/(SDE: Study Committee on Transportation) Of the funds provided to the Department of Education, there is created a Study Committee on Transportation which shall consist of one member from each of the following: the House Ways and Means Health, Social Services and Medicaid Subcommittee and the Public Education and Special Schools Subcommittee appointed by the Chairman of the Ways and Means Committee, the House of Representatives appointed by the Speaker of the House, the Senate appointed by the President Pro Tempore of the Senate, the Superintendent of Education, and the Governor or his designee.

The purpose of the committee is to study the use of school buses in rural and underserved areas lacking public transportation as a means of providing transportation for the purpose of promoting and improving adult and family literacy. The study committee shall report to the General Assembly by December 3, 2001 on its findings and recommendations./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. HAYES proposed the following Amendment No. 286 (Doc Name council\skb\amend\18290som01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION (SDE: SAT Preparation), page 400, paragraph 1.39, line 26, by inserting:
/ The Department of Education shall develop Guidelines for the SAT Award Program recognizing the schools with the highest gain in SAT scores. /


Printed Page 1466 . . . . . Wednesday, March 14, 2001

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

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

Section 1, as amended, was adopted.

SECTION 1A--AMENDED AND ADOPTED

Rep. GOVAN proposed the following Amendment No. 120 (Doc Name h-wm\007\govan 1a.9.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 406, paragraph 9, line 25, by striking /Handicapped Student Services/ and inserting /Services for Students with Disabilities/
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. MACK, J.E. SMITH, MILLER, LLOYD and GOURDINE proposed the following Amendment No. 37 (Doc Name council\swb\amend\5228mm01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION, page 408, paragraph 1A.23, after line 28, by adding:

/It is the intent of this proviso to adjust the index figure used to determine the state minimum salary schedule on an annual basis so as to have the index figure adjusted by fiscal year 2007-2008 on a schedule to be at the national average. The national average teacher salary is the average of the average teachers' salaries of the fifty states./
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 not ordered.

The amendment was then tabled by a division vote of 46 to 33.


Printed Page 1467 . . . . . Wednesday, March 14, 2001

Reps. HARRELL, WILKINS, ALLISON, KELLEY, MACK, J.E. SMITH, MILLER and LLOYD proposed the following Amendment No. 195 (Doc Name h-wm\007\ph - 409 - 3a.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPT. OF EDUCATION - EIA, page 408, paragraph 23, line 23, by striking /$38,841/ and inserting /$38,573/
Amend the bill further, as and if amended, page 408, paragraph 23, line 24, by striking /$325/ and inserting /$593/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARRELL explained the amendment.

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

The question then recurred to the adoption of the amendment.

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

Yeas 114; Nays 0

Those who voted in the affirmative are:

Allen                  Allison                Bales
Barfield               Barrett                Battle
Bingham                Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Carnell                Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Edge                   Emory                  Freeman
Frye                   Gilham                 Gourdine
Govan                  Hamilton               Harrell
Harrison               Harvin                 Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Jennings               Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee

Printed Page 1468 . . . . . Wednesday, March 14, 2001

Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   McCraw                 McGee
McLeod                 Meacham-Richardson     Merrill
Miller                 Neal, J.H.             Neal, J.M.
Ott                    Owens                  Parks
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Rivers                 Robinson               Rodgers
Rutherford             Sandifer               Scarborough
Scott                  Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Weeks
Whatley                Whipper                White
Wilder                 Wilkins                Young, A.

Total--114

Those who voted in the negative are:

Total--0

So, the amendment was adopted.

RECORD FOR VOTING

I did not vote because I cannot vote to continue to raise teacher's salaries above the average when other state employees that also help our children and improve education aren't even making Southeastern average salaries.

Rep. Becky Martin

Reps. TOWNSEND and ALLISON proposed the following Amendment No. 176 (Doc Name h-wm\007\town 1a.48.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION, page 414, paragraph 48, line 26,


Printed Page 1469 . . . . . Wednesday, March 14, 2001

by inserting after /Innovation funding/: /to be distributed in the formula used in the prior fiscal year//
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. KIRSH proposed the following Amendment No. 15 (Doc Name council\gjk\amend\20296sd01.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 416, paragraph 1A.59, line 17, by inserting:
/Each school board of trustees shall have the authority to petition the family court to require parents or legal guardians of students who habitually exhibit disruptive behavior in the classroom to attend parent-teacher conferences, and the jurisdiction of the family court includes authority to hear a petition brought by a school board of trustees to require parents or legal guardians of students who habitually exhibit disruptive behavior in the classroom to attend parent-teacher conferences./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KIRSH explained the amendment.

POINT OF ORDER

Rep. F. N. SMITH raised the Point of Order that Amendment No. 15 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment did not pass the substantial effect test of Rule 5.3B. He therefore sustained the Point of Order and ruled the amendment out of order.

Reps. TOWNSEND and ALLISON proposed the following Amendment No. 138 (Doc Name h-wm\007\sumschool2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 416, paragraph 64, lines 33-36 & page 417, paragraph 64, lines 1-2, by striking /The provision in its entirety/ and inserting //Funds appropriated for summer school shall be allocated to each local public school district based on the


Printed Page 1470 . . . . . Wednesday, March 14, 2001

number of academic subject area scores below the basic on the prior year Spring PACT administration for students in grades three through eight. However, for school year 2001-2002, individual student scores on the 2001 PACT shall not be the sole criterion used to determine whether a student on an academic plan the prior year will be placed on probation or retained. Individual student scores on the 2001 PACT shall not be the sole criterion for requiring students to attend summer school. School districts may consider other factors in placing students on academic probation or requiring summer school attendance. Students may not be placed on academic probation or retained based solely on the PACT 2001 test scores. Current year appropriations may be expended for prior year EAA summer school purposes. Local public school districts shall utilize these funds in accordance with the requirements of Section 59-18-500 of the 1976 Code. The State Department of Education is directed to develop or utilize tests to be administered to students on academic probation required to attend summer school. The test shall be such that it can be graded by the district at the completion of summer school. The test shall be a determinate in judging whether the student has the skills to succeed at the next grade level./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. TOWNSEND explained the amendment.

Rep. TOWNSEND spoke in favor of the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 10 (Doc Name h-wm\007\report_crd.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 417, paragraph 65, line 3, by striking /Education Oversight Committee/ and inserting /Department of Education/
Renumber sections to conform.
Amend totals and titles to conform.

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


Printed Page 1471 . . . . . Wednesday, March 14, 2001

Reps. TOWNSEND and ALLISON proposed the following Amendment No. 175 (Doc Name h-wm\007\town 1a.65.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 65, DEPARTMENT OF EDUCATION, page 417, paragraph 65, line 3, by striking /The Education Oversight Committee/ and inserting /The State Department of Education/
Amend the bill further, as and if amended, page 417, paragraph 65, line 4, by inserting:
/School districts must advertise the results of their schools' report cards in an audited newspaper of general circulation in their geographic area./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. BALES proposed the following Amendment No. 237 (Doc Name council\gjk\amend\20338sd01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 417, paragraph 1A., after line 9, by adding a new paragraph appropriately numbered to read:

/1A._____Guidance counselors who are certified by the National Board for Certified Counselors, Inc. (NBCC) shall receive annual increases in pay of seven thousand five hundred dollars beginning with fiscal year 2001-2002 which shall be added to the annual pay of the guidance counselors./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BALES explained the amendment.

Rep. ALLISON spoke against the amendment.

Rep. ALLISON moved to table the amendment.

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

Yeas 63; Nays 43


Printed Page 1472 . . . . . Wednesday, March 14, 2001

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

Total--63

Those who voted in the negative are:

Allen                  Bales                  Battle
Breeland               Brown, G.              Brown, J.
Brown, R.              Clyburn                Emory
Freeman                Gilham                 Gourdine
Govan                  Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Jennings               Kennedy                Lee
Lloyd                  Lourie                 McLeod
Miller                 Neal, J.M.             Ott
Parks                  Phillips               Rhoad
Rivers                 Sandifer               Scott
Sheheen                Simrill                Smith, F.N.
Smith, G.M.            Smith, J.E.            Snow

Printed Page 1473 . . . . . Wednesday, March 14, 2001

Weeks                  Whatley                Whipper
Young, J.

Total--43

So, the amendment was tabled.

Section 1A, as amended, was adopted.

SECTION 3--ADOPTED

Rep. DAVENPORT proposed the following Amendment No. 144 (Doc Name h-wm\002\davenport school d&b2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 3, SCHOOL FOR DEAF AND BLIND, page 420, after line 13, by adding an appropriately numbered paragraph to read:
/By September 1, 2001, the State Budget Office of the B&C Board, in consultation with the School for the Deaf and Blind, the Department of Disabilities and Special Needs, and the Department of Mental Health may cause the transfer of residents of the Pioneer Ridge Program to institutional or community based programs at locations other than the school. Prior to August 1, 2001, the school, after public notification, and in consultation with students and other interested parties shall take actions to ensure the safety of all students at the school. The school shall report weekly to the State Budget Office actions being taken by the school to provide for a safe and secure campus for students enrolled at the school./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. DAVENPORT explained the amendment.

Rep. DAVENPORT spoke in favor of the amendment.
Rep. W. D. SMITH spoke against the amendment.

Rep. TALLEY moved to table the amendment.

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

Yeas 77; Nays 25


Printed Page 1474 . . . . . Wednesday, March 14, 2001

Those who voted in the affirmative are:
Allison                Bales                  Barfield
Barrett                Battle                 Bingham
Brown, J.              Brown, R.              Carnell
Cato                   Chellis                Cooper
Cotty                  Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Harrell                Harrison
Hinson                 Hosey                  Howard
Huggins                Jennings               Kelley
Kirsh                  Klauber                Koon
Leach                  Limehouse              Littlejohn
Lourie                 Martin                 McCraw
McGee                  Meacham-Richardson     Merrill
Miller                 Neal, J.M.             Owens
Parks                  Perry                  Phillips
Rice                   Riser                  Rodgers
Sandifer               Scarborough            Scott
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Stuart
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Weeks                  Whipper                White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

Total--77

Those who voted in the negative are:

Allen                  Bowers                 Campsen
Coates                 Coleman                Dantzler
Davenport              Delleney               Hamilton
Haskins                Hayes                  Hines, J.
Keegan                 Knotts                 Lee
Lloyd                  Lucas                  McLeod
Ott                    Rhoad                  Rivers

Printed Page 1475 . . . . . Wednesday, March 14, 2001

Smith, F.N.            Snow                   Stille
Whatley

Total--25

So, the amendment was tabled.

Section 3 was adopted.

SECTION 7--ADOPTED

Rep. COBB-HUNTER proposed the following Amendment No. 201 (Doc Name h-wm\002\vr 53k blind#2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 7, DEPT. OF VOCATIONAL REHABILITATION, page 438, after line 2, by adding an appropriately numbered paragraph to read:
/ (VR: Transfer to Commission for the Blind) Notwithstanding any other provision of law, the Department of Vocational Rehabilitation is directed to transfer $153,378 of the funds carried forward from the prior fiscal year in agency earmarked subfund accounts designated as "special revenue funds" as defined in the Comptroller General's records, to the Commission for the Blind for operating expenses of the commission./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. COBB-HUNTER proposed the following Amendment No. 208 (Doc Name h-wm\006\vocrehspec.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 7, DEPT. OF VOCATIONAL REHABILITATION, page 438, after line 2, by adding an appropriately numbered paragraph to read:
/(VR: Transfer to Commission for the Blind) Notwithstanding any other provision of law, the Department of Vocational Rehabilitation is directed to transfer $300,000 of the funds carried forward from the prior fiscal year in agency earmarked subfund accounts designated as "special revenue funds" as defined in the Comptroller General's records, to the Commission for the Blind./
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1476 . . . . . Wednesday, March 14, 2001

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

Rep. COBB-HUNTER proposed the following Amendment No. 231 (Doc Name h-wm\002\vr 53k blind#2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 7, DEPT. OF VOCATIONAL REHABILITATION, page 438, after line 2, by adding an appropriately numbered paragraph to read:
/ (VR: Transfer to Commission for the Blind) Notwithstanding any other provision of law, the Department of Vocational Rehabilitation is directed to transfer $153,378 of the funds carried forward from the prior fiscal year in agency earmarked subfund accounts designated as "special revenue funds" as defined in the Comptroller General's records, to the Commission for the Blind for operating expenses of the commission./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. COBB-HUNTER proposed the following Amendment No. 233 (Doc Name h-wm\003\vr 53k blind.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 7, DEPT. OF VOCATIONAL REHABILITATION, page 438, after line 2, by adding an appropriately numbered paragraph to read:
/ (VR: Transfer to Commission for the Blind) Notwithstanding any other provision of law, the Department of Vocational Rehabilitation is directed to transfer $53,378 of the funds carried forward from the prior fiscal year in agency earmarked subfund accounts designated as "special revenue funds" as defined in the Comptroller General's records, to the Commission for the Blind for operating expenses of the commission./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 7 was adopted.


Printed Page 1477 . . . . . Wednesday, March 14, 2001

SECTION 8--AMENDED AND ADOPTED

Reps. QUINN, CLYBURN, CARNELL, RICE, LITTLEJOHN and WALKER proposed the following Amendment No. 295 (Doc Name h-wm\002\quinnawp#3.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES page 443, paragraph 38, on line 21 opposite /DHHS-Medicaid Replace Non-recurring/ by striking /$10,525,000/ and inserting /$34,525,000/
Amend further, after line 28, by inserting: /DHHS - pharmaceutical reimbursement at awp less 10% - $2,500,000/
Amend further, line 29, by striking /$51,190,843/ and inserting /$77,690,843/
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. BARFIELD, ALTMAN, MERRILL, SANDIFER, LEACH, HAMILTON, EASTERDAY, COATES, SIMRILL, FRYE, STILLE, HUGGINS, COOPER, CATO, LOFTIS, BARRETT, TAYLOR, EDGE, CAMPSEN, ALLISON, RISER, WALKER, D.C. SMITH, KOON, PERRY and A. YOUNG proposed the following Amendment No. 127 (Doc Name council\nbd\amend\11376ac01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 445, by adding an appropriately numbered paragraph to read:
/8. (DHHS: contraceptives) No funds appropriated to the department may be expended to provide contraceptive drugs or devices to unmarried persons./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BARFIELD explained the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 60; Nays 52


Printed Page 1478 . . . . . Wednesday, March 14, 2001

Those who voted in the affirmative are:
Allison                Altman                 Bales
Barfield               Barrett                Bingham
Campsen                Carnell                Cato
Chellis                Coates                 Davenport
Delleney               Edge                   Fleming
Frye                   Gilham                 Hamilton
Harrell                Haskins                Huggins
Keegan                 Kirsh                  Klauber
Knotts                 Koon                   Leach
Limehouse              Littlejohn             Lloyd
Loftis                 Lucas                  Meacham-Richardson
Owens                  Perry                  Quinn
Rice                   Riser                  Robinson
Sandifer               Scarborough            Simrill
Smith, D.C.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Talley                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 White                  Wilkins
Witherspoon            Young, A.              Young, J.

Total--60

Those who voted in the negative are:

Allen                  Battle                 Bowers
Breeland               Brown, J.              Brown, R.
Clyburn                Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Emory                  Freeman                Gourdine
Govan                  Harrison               Harvin
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Jennings               Kelley                 Kennedy
Law                    Lee                    Lourie
Mack                   Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Neal, J.M.             Ott
Parks                  Phillips               Rivers
Rodgers                Sheheen                Sinclair
Smith, F.N.            Smith, J.E.            Stuart

Printed Page 1479 . . . . . Wednesday, March 14, 2001

Thompson               Webb                   Weeks
Wilder

Total--52

So, the amendment was adopted.

RECORD FOR VOTING

I was in the lobby on the way in when the vote ended on Amendment No. 127. I co-sponsored this amendment and would have voted to approve it.

Rep. Mike Easterday

Reps. ROBINSON, LEACH, DAVENPORT, HASKINS, BARFIELD and CAMPSEN proposed the following Amendment No. 244 (Doc Name h-wm\005\hhs proh abort with exceptions.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 445, after line 15, by adding an appropriately numbered paragraph to read:
/ (HHS: Funding for Abortions Prohibited) No funds appropriated to the department may be expended to procure or offer abortion services, except in cases where the pregnancy is the result of rape or incest or the life of the mother is in jeopardy./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ROBINSON explained the amendment.

Rep. QUINN spoke in favor of the amendment.

The amendment was then adopted.

Rep. DAVENPORT proposed the following Amendment No. 145 (Doc Name h-wm\002\hhs-chemab.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPT. OF HEALTH AND HUMAN SERVICES, page 445, after line 15, by adding an appropriately numbered paragraph to read:
/(DHHS: Prohibit Chemical Abortions) No funds appropriated in Part IA, Section 8, of this act to the Department of Health and Human


Printed Page 1480 . . . . . Wednesday, March 14, 2001

Services, may be expended to provide birth control methods that cause chemical abortions./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. DAVENPORT explained the amendment.

Rep. QUINN spoke against the amendment.

Rep. QUINN moved to table the amendment.

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

Yeas 43; Nays 69

Those who voted in the affirmative are:

Bales                  Battle                 Breeland
Brown, G.              Brown, J.              Carnell
Clyburn                Cobb-Hunter            Cotty
Freeman                Gourdine               Govan
Harrison               Harvin                 Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Jennings               Kelley
Kennedy                Kirsh                  Lee
Lourie                 Mack                   McCraw
Miller                 Parks                  Quinn
Rhoad                  Rivers                 Rodgers
Rutherford             Scott                  Smith, D.C.
Smith, J.E.            Smith, J.R.            Stuart
Webb                   Whipper                Wilder
Witherspoon

Total--43

Those who voted in the negative are:

Allen                  Allison                Altman
Barfield               Barrett                Bingham
Brown, R.              Campsen                Cato
Chellis                Coates                 Cooper
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming

Printed Page 1481 . . . . . Wednesday, March 14, 2001

Frye                   Gilham                 Hamilton
Harrell                Haskins                Hinson
Huggins                Keegan                 Klauber
Koon                   Law                    Leach
Limehouse              Littlejohn             Lloyd
Loftis                 Martin                 McGee
McLeod                 Meacham-Richardson     Merrill
Owens                  Perry                  Phillips
Rice                   Riser                  Robinson
Sandifer               Scarborough            Sharpe
Sheheen                Simrill                Sinclair
Smith, F.N.            Smith, G.M.            Smith, W.D.
Snow                   Stille                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Weeks                  White
Wilkins                Young, A.              Young, J.

Total--69

So, the House refused to table the amendment.

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

Section 8, as amended, was adopted.

SECTION 9--AMENDED AND INTERRUPTED DEBATE

Rep. COBB-HUNTER proposed the following Amendment No. 104 (Doc Name h-wm\003\9.40abst.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 9, DEPT. OF HEALTH AND ENVIRONMENTAL CONTROL, page 453, paragraph 40, lines 5-7, by striking the paragraph in its entirety: / 9.40.(DHEC: Abstinence Education Contract) The agency under contract with the State of South Carolina as of December 2000 and funded with federal and state matching funds under the provisions of Title V, Section 510, must continue to be under contract at the same funding level, for the same purposes for the current fiscal year./
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1482 . . . . . Wednesday, March 14, 2001

Rep. COBB-HUNTER explained the amendment.

Rep. QUINN spoke against the amendment.

Rep. QUINN moved to table the amendment.

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

Yeas 76; Nays 34

Those who voted in the affirmative are:

Altman                 Bales                  Barfield
Barrett                Bingham                Bowers
Campsen                Carnell                Cato
Chellis                Clyburn                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Fleming                Frye                   Gilham
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hinson
Huggins                Keegan                 Kelley
Klauber                Knotts                 Law
Leach                  Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
Martin                 McCraw                 McGee
Meacham-Richardson     Merrill                Ott
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.            Snow
Stille                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Webb
White                  Wilkins                Young, A.
Young, J.

Total--76


Printed Page 1483 . . . . . Wednesday, March 14, 2001

Those who voted in the negative are:
Allen                  Breeland               Brown, J.
Brown, R.              Cobb-Hunter            Coleman
Emory                  Freeman                Gourdine
Govan                  Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Jennings               Kennedy                Lee
Lloyd                  McLeod                 Miller
Neal, J.M.             Parks                  Rhoad
Rivers                 Rutherford             Scott
Sheheen                Smith, F.N.            Smith, J.E.
Stuart                 Weeks                  Whipper
Wilder

Total--34

So, the amendment was tabled.

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Section 9.40 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the section was directly germane to the appropriation of funds and he overruled the Point of Order.

Rep. COBB-HUNTER proposed the following Amendment No. 234 (Doc Name h-wm\002\cobb-hunter abst.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 9, DEPT. OF HEALTH AND ENVIRONMENTAL CONTROL, page 453, paragraph 40, lines 5 - 7, by striking and Inserting /During the current fiscal year, funds available to the State under Title V, Section 510 must be offered for bids to any willing competitive providers/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. QUINN moved to table the amendment.

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

Yeas 75; Nays 29


Printed Page 1484 . . . . . Wednesday, March 14, 2001

Those who voted in the affirmative are:
Allison                Altman                 Bales
Barfield               Barrett                Bingham
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Gilham                 Hamilton               Harrell
Harrison               Harvin                 Haskins
Hinson                 Huggins                Keegan
Kelley                 Klauber                Knotts
Leach                  Limehouse              Littlejohn
Loftis                 Lourie                 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.
Smith, W.D.            Snow                   Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                White
Wilkins                Young, A.              Young, J.

Total--75

Those who voted in the negative are:

Battle                 Breeland               Brown, R.
Clyburn                Cobb-Hunter            Emory
Freeman                Gourdine               Govan
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Jennings
Kennedy                Lloyd                  McLeod
Miller                 Neal, J.M.             Parks
Rhoad                  Rutherford             Scott

Printed Page 1485 . . . . . Wednesday, March 14, 2001

Sheheen                Smith, F.N.            Smith, J.E.
Weeks                  Whipper

Total--29

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 135 (Doc Name h-wm\002\dhec food prep.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 9, DEPT. OF HEALTH & ENVIRONMENTAL CONTROL, page 454, after line 10, by adding an appropriately numbered paragraph to read:
/(Church/Charitable Organization Food Preparation) Notwithstanding the provisions of Regulation 61-25, for purposes of regulation of food preparation and service by the Department of Health and Environmental Control, a retail food establishment does not include a church or charitable organization that prepares and serves food to the public on their own premises at not more than one function a month or not more than twelve functions a year./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KIRSH explained the amendment.

POINT OF ORDER

Rep. RICE raised the Point of Order that Amendment No. 135 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment passed the substantial effect test of Rule 5.3B. He therefore sustained the Point of Order and ruled the amendment out of order.

Reps. BARFIELD, ALTMAN, MERRILL, SANDIFER, LEACH, HAMILTON, COATES, KOON, SIMRILL, EASTERDAY, FRYE, STILLE, HUGGINS, PERRY, LOFTIS, A. YOUNG, D.C. SMITH, CATO, COOPER, CAMPSEN, BARRETT, TAYLOR, EDGE, WALKER, ALLISON and RISER proposed the following Amendment No. 128 (Doc Name council\nbd\amend\11375ac01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL


Printed Page 1486 . . . . . Wednesday, March 14, 2001

CONTROL, page 454, by adding an appropriately numbered paragraph to read:
/9. (DHEC: contraceptives) No funds appropriated to the department may be expended to provide contraceptive drugs or devices to unmarried persons./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. CARNELL, KLAUBER and PARKS proposed the following Amendment No. 251 (Doc Name h-wm\002\carnell dhec bio.doc):
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 454, after line 10, by adding an appropriately numbered paragraph to read: / (DHEC: Biotechnology Research Center) From the General Funds appropriated to the agency, the Department of Health and Environmental Control must transfer $600,000 to the SC Biotechnology Research Center for the current fiscal year./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KLAUBER explained the amendment.

Rep. QUINN spoke upon the amendment.

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

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

Further proceedings were interrupted by the House receding, the pending question being consideration of amendments to Section 9, Part IB.

THE HOUSE RESUMES

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


Printed Page 1487 . . . . . Wednesday, March 14, 2001

ACTING SPEAKER COOPER IN CHAIR

POINT OF QUORUM

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

SPEAKER IN CHAIR

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

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

H. 3687--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments to Section 9, Part IB.

H. 3687--THE GENERAL APPROPRIATION BILL

PART IB

SECTION 9--AMENDED AND ADOPTED

Reps. ROBINSON, DAVENPORT, HASKINS, LEACH, LOFTIS and BARFIELD proposed the following Amendment No. 261 (Doc Name council\nbd\amend\11386ac01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 454, by adding an appropriately numbered paragraph immediately after line 10 to read:
/(A)   Notwithstanding any other provision of law, the Department of Health and Environmental Control shall develop a data base into which a parent, legal guardian, or one acting in loco parentis to a child under sixteen years of age may register a written objection with the department prohibiting the department or any other agency or department of the State from providing condoms or other types of contraceptives to their child under sixteen years of age.

The department shall publish and distribute informational brochures to schools, physicians, and health care agencies and facilities which include procedures for registration and shall provide access to this information to any department or agency of the State that provides condoms or other contraceptives to minors.

(B)   Notwithstanding any other provision of law, the Department of Health and Environmental Control, any other state agency or


Printed Page 1488 . . . . . Wednesday, March 14, 2001

department, or a person acting on behalf of an agency or department may not distribute or use funds appropriated to it for family planning and STD/HIV control for the distribution of condoms or other types of contraceptives to a child under sixteen years of age if the child's parent, legal guardian, or one acting in loco parentis has registered an objection with the Department of Health and Environmental Control pursuant to subparagraph (A)./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. ROBINSON, DAVENPORT, HASKINS, LEACH, LOFTIS, BARFIELD and MCGEE proposed the following Amendment No. 281 (Doc Name council\BBM\amend\10085ac01.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 454, after line 10, by adding an appropriately numbered paragraph to read:

/ 9. (Parental notification of sexually transmitted disease) Notwithstanding any other provision of law, information and records held by the department and its agents relating to a known or suspected case of a sexually transmitted disease are strictly confidential and must not be released or made public, upon subpoena or otherwise, except that in cases involving a minor, the name of the minor and medical information concerning the minor must be reported to the parents or guardian of the minor or to a person standing in loco parentis to the minor, if the minor has a known case of a sexually transmitted disease, and to appropriate agents if a report is required by the Child Protection Act of 1977. No further information is required to be released by the department. If a minor has Acquired Immunodeficiency Syndrome (AIDS) or is infected with Human Immunodeficiency Virus (HIV), the virus that causes AIDS, and is attending the public schools, the superintendent of the school district and the nurse or other health professional assigned to the school the minor attends must be notified. /
Renumber sections to conform.
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Rep. ROBINSON explained the amendment.


Printed Page 1489 . . . . . Wednesday, March 14, 2001

POINT OF ORDER

Rep. F. N. SMITH raised the Point of Order that Amendment No. 281 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment did not pass the substantial effect test of Rule 5.3B. He therefore sustained the Point of Order and ruled the amendment out of order.

Rep. KIRSH proposed the following Amendment No. 315 (Doc Name h-wm\002\dhec food prep#2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPT. OF HEALTH & ENVIRONMENTAL CONTROL, page 454, after line 10, by adding an appropriately numbered paragraph to read:
/(Church/Charitable Organization Food Preparation) The Department of Health and Environmental Control shall not use any funds appropriated or authorized to the department to enforce Regulation 61-25 to the extent that the regulation would prohibit churches and charitable organizations from preparing and serving food to the public on their own premises at not more than one function a month or not more than twelve functions a year./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. CARNELL, KLAUBER and PARKS proposed the following Amendment No. 251 (Doc Name h-wm\002\carnell dhec bio.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 454, after line 10, by adding an appropriately numbered paragraph to read: / (DHEC: Biotechnology Research Center) From the General Funds appropriated to the agency, the Department of Health and Environmental Control must transfer $600,000 to the SC Biotechnology Research Center for the current fiscal year./
Renumber sections to conform.
Amend totals and titles to conform.

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


Printed Page 1490 . . . . . Wednesday, March 14, 2001

Reps. ROBINSON, DAVENPORT, HASKINS, LEACH, LOFTIS, BARFIELD and MCGEE proposed the following Amendment No. 317 (Doc Name council\BBM\amend\10085ac01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 454, after line 10, by adding an appropriately numbered paragraph to read:

/ 9. (Parental notification of sexually transmitted disease) Of the funds appropriated to DHEC, the department shall collect and hold information and records relating to a known or suspected case of a sexually transmitted disease. This information is strictly confidential and it must not be released or made public, upon subpoena or otherwise, except in cases involving a minor, the name of the minor and medical information concerning the minor must be reported by DHEC to the parents or guardian of the minor or to a person standing in loco parentis to the minor, if the minor has a known case of a sexually transmitted disease, and to appropriate agents if a report is required by the Child Protection Act of 1977. No further information is required to be released by the department. If a minor has Acquired Immunodeficiency Syndrome (AIDS) or is infected with Human Immunodeficiency Virus (HIV), the virus that causes AIDS, and is attending the public schools, the superintendent of the school district and the nurse or other health professional assigned to the school the minor attends must be notified. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 9, as amended, was adopted.

SECTION 10--ADOPTED

Rep. COBB-HUNTER proposed the following Amendment No. 229 (Doc Name h-wm\003\dmh 750k daodas.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 10, DEPT. OF MENTAL HEALTH, page 456, after line 28, by adding an appropriately numbered paragraph to read:
/ (DMH: Transfer to DAODAS) Notwithstanding any other provision of law, the Department of Mental Health is directed to transfer $750,000 of the funds carried forward from the prior fiscal


Printed Page 1491 . . . . . Wednesday, March 14, 2001

year in agency earmarked subfund accounts designated as "special revenue funds" as defined in the Comptroller General's records, to the Department of Alcohol and Other Drug Abuse Services to offset the department's budget reduction./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

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

Section 10 was adopted.

SECTION 11--ADOPTED

Rep. HOWARD proposed the following Amendment No. 194 (Doc Name h-wm\002\howard birthparents.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 11, DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, page 458, paragraph , after line 2, by adding an appropriately numbered paragraph to read:
/(DDSN: Birth Parent Benefits) Birth parents who care for their own children at home must be entitled to the same benefits provided by the department to foster parents who care for foster children in their home./
Renumber sections to conform.
Amend totals and titles to conform.

POINT OF ORDER

Rep. F. N. SMITH raised the Point of Order that Amendment No. 194 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Section 11 was adopted.

SECTION 27--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 98 (Doc Name h-wm\004\27kirspr.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 27, DEPT. OF COMMERCE, page 480, paragraph 27.16, lines 9-10, by striking: the paragraph in its entirety.


Printed Page 1492 . . . . . Wednesday, March 14, 2001

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

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

Reps. KNOTTS, KOON, HARRISON, D.C. SMITH, A. YOUNG, WILKINS, HARRELL and QUINN proposed the following Amendment No. 283 (Doc Name h-wm\003\cmrc st plane study.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 481, after line 28, by adding an appropriately numbered paragraph to read:
/ (CMRC: State Airplane Study) A study committee consisting of three members of the Senate, appointed by the President Pro Tempore of the Senate and three members of the House of Representatives, appointed by the Speaker of the House shall study the usage of State planes and leasing contracts. Staff support shall be provided to the study committee from the Senate Finance Committee and the House Ways and Means Committee as needed. Expenses of the committee shall be paid from funds available to the Department of Commerce and shall not exceed $1,000. A report containing findings and recommendations shall be submitted to the Chairman of the Senate Finance Committee and the Chairman of the Ways and Means Committee by February 1, 2002. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KNOTTS explained the amendment.

The amendment was then adopted by a division vote of 52 to 26.

Section 27, as amended, was adopted.

SECTION 30--ADOPTED

Rep. SCOTT proposed the following Amendment No. 255 (Doc Name h-wm\005\scott pdc 2.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 30, JUDICIAL DEPARTMENT, page 483, paragraph 14, line 4, by reinserting the new paragraph to read:


Printed Page 1493 . . . . . Wednesday, March 14, 2001

/30.14. (JUD: Pilot Drug Treatment Court) The Judicial Department is directed to establish and operate a pilot drug treatment court program. /
Renumber sections to conform.
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Rep. SCOTT explained the amendment.

POINT OF ORDER

Rep. F. N. SMITH raised the Point of Order that Amendment No. 255 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. WHIPPER proposed the following Amendment No. 289 (Doc Name council\pt\amend\1302mm01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 30, JUDICIAL DEPARTMENT, page 482, beginning on line 31, by striking paragraph 30.12 (JUD: Interpreters) in its entirety.
Renumber sections to conform.
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Rep. WHIPPER explained the amendment.

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

Section 30 was adopted.

SECTION 33--AMENDED AND ADOPTED

Rep. ROBINSON proposed the following Amendment No. 169 (Doc Name h-wm\005\33.7idt.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 33, PROSECUTION COORDINATION COMMISSION, page 486, paragraph 7, lines 29-30, by striking / Of the Other Operating funds appropriated to the Prosecution Coordination Commission, $24,000 shall be transferred to the Office of Indigent Defense for operating expenses of the office./ and inserting /Of the Other Operating funds appropriated to the Prosecution Coordination Commission, $24,000 shall be used by the Commission for Judicial Circuits State Support


Printed Page 1494 . . . . . Wednesday, March 14, 2001

and $24,000 shall be transferred to the Commission on Indigent Defense for operating expenses of the office./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 33, as amended, was adopted.

SECTION 37--AMENDED AND ADOPTED

Rep. ROBINSON proposed the following Amendment No. 312 (Doc Name h-wm\005\doc farm pgm.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 494, paragraph 2, line 16, by inserting at the end a phrase to read:
/or at the discretion of the director, for projects or services benefiting the general welfare of the inmate population/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. ROBINSON proposed the following Amendment No. 313 (Doc Name h-wm\005\doc habilitation unit.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 494, paragraph 4, line 22, by inserting at the end a phrase to read:
/or at the discretion of the director, for projects or services benefiting the general welfare of the inmate population/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. ROBINSON proposed the following Amendment No. 314 (Doc Name h-wm\005\doc surplus farm produce.doc), which was adopted:


Printed Page 1495 . . . . . Wednesday, March 14, 2001

Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 495, paragraph 11, line 13, by inserting at the end a phrase to read:
/or at the discretion of the director, for projects or services benefiting the general welfare of the inmate population/
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Rep. ROBINSON explained the amendment.
The amendment was then adopted.

Rep. ROBINSON proposed the following Amendment No. 311 (Doc Name h-wm\005\doc timber.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 496, paragraph 18, line 12, by inserting at the end a phrase to read:
/or at the discretion of the director, for projects or services benefiting the general welfare of the inmate population/
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Rep. ROBINSON explained the amendment.
The amendment was then adopted.

Rep. G. BROWN proposed the following Amendment No. 256 (Doc Name council\skb\amend\18291som01.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 498, by inserting a new paragraph immediately after line 2, to read:
/ 37.__ (CORR: Marksmanship requirement) Employees of the Department of Corrections who have been employed by the department at least ten years are not required to meet the marksmanship requirements established by the department. /
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Rep. G. BROWN explained the amendment.


Printed Page 1496 . . . . . Wednesday, March 14, 2001

POINT OF ORDER

Rep. F. N. SMITH raised the Point of Order that Amendment No. 256 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. COOPER proposed the following Amendment No. 288 (Doc Name h-wm\001\dt cooper trust fund.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 495, paragraph 8, lines 1 and 3, by striking / E. H. Cooper Trust Fund/ and inserting / D. T. Cooper Trust Fund/
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 37, as amended, was adopted.

SECTION 39--ADOPTED

POINT OF ORDER

Rep. HARRISON raised the Point of Order that Section 39.9 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ordered the section stricken from the Bill.

POINT OF ORDER

Rep. HARRISON raised the Point of Order that Section 39.10 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ordered the section stricken from the Bill.

POINT OF ORDER

Rep. HARRISON raised the Point of Order that Section 39.13 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ordered the section stricken from the Bill.


Printed Page 1497 . . . . . Wednesday, March 14, 2001

POINT OF ORDER

Rep. HARRISON raised the Point of Order that Section 39.14 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ordered the section stricken from the Bill.

Rep. FLEMING proposed the following Amendment No. 263 (Doc Name council\gjk\amend\20348sd01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 501, by adding at the end of paragraph 39.15 /The Department of Juvenile Justice in allocating the base budget reductions pursuant to this paragraph shall not cut or reduce any wilderness programs./
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Rep. FLEMING explained the amendment.

Rep. COBB-HUNTER moved to table the amendment.

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

Yeas 66; Nays 39

Those who voted in the affirmative are:

Allen                  Allison                Bales
Barfield               Battle                 Bingham
Breeland               Brown, J.              Brown, R.
Chellis                Clyburn                Cobb-Hunter
Cooper                 Dantzler               Edge
Emory                  Frye                   Gourdine
Govan                  Harrell                Haskins
Hayes                  Hines, M.              Hosey
Huggins                Jennings               Keegan
Kelley                 Knotts                 Lee
Littlejohn             Lloyd                  Lourie
Mack                   McCraw                 McLeod
Neal, J.M.             Ott                    Parks
Perry                  Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer

Printed Page 1498 . . . . . Wednesday, March 14, 2001

Scott                  Smith, D.C.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Stuart
Talley                 Thompson               Townsend
Trotter                Webb                   Weeks
Whatley                Whipper                White
Wilkins                Witherspoon            Young, A.

Total--66

Those who voted in the negative are:

Altman                 Barrett                Bowers
Campsen                Cato                   Coates
Davenport              Delleney               Fleming
Freeman                Hamilton               Harrison
Harvin                 Hinson                 Kirsh
Law                    Leach                  Loftis
Lucas                  Martin                 McGee
Meacham-Richardson     Merrill                Miller
Owens                  Phillips               Rivers
Scarborough            Sharpe                 Sheheen
Simrill                Sinclair               Smith, F.N.
Smith, G.M.            Stille                 Taylor
Tripp                  Walker                 Young, J.

Total--39

So, the amendment was tabled.

Section 39 was adopted.

SECTION 53

Section 53 was adopted.

SECTION 59--ADOPTED

Rep. GOVAN proposed the following Amendment No. 178 (Doc Name h-wm\008\govanrev#4.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 59, COMPTROLLER GENERAL'S OFFICE, page 531, paragraph 9, lines 8-12, by striking the paragraph in its entirety and inserting
/59.9.   (CG: Special Revenue Funds Transfer) The Comptroller General upon the closing of the books for fiscal year 2000-01, shall


Printed Page 1499 . . . . . Wednesday, March 14, 2001

transfer to the General Fund for FY 2001-02, $27,483,871 from agency earmarked subfund accounts designated "Special Revenue Funds." The Comptroller General shall determine the amount to be transferred from each agency on a pro-rata basis of the total amount of funds in these accounts at the close of the books for FY 2000-01. Colleges, universities and technical colleges are exempted from this provision. The appropriations in Part IA, Section 5J, South Carolina State University, of the General Appropriation Act for Fiscal Year 2001-02, are increased by $1,300,000 non-recurring appropriations for the following purposes: $500,000 for match for the University Transportation Center and $800,000 for Health and Safety Remediation./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

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

Section 59 was adopted.

SECTION 63B

Section 63B was adopted.

SECTION 63C--AMENDED AND ADOPTED

Rep. OTT proposed the following Amendment No. 48 (Doc Name council\bbm\amend\10009htc01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63C, BUDGET & CONTROL BOARD, DIVISION OF BUDGET AND ANALYSES, page 545, paragraph 63C.9, line 7, by striking lines 10 through 36 and inserting:/ All classified and unclassified state employees and officers shall receive an equal dollar amount pay raise effective on July 1, 2001. From funds appropriated in this act for employee pay raises, the Division of Budget and Analyses shall calculate the pay raise each employee or officer shall receive. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. OTT explained the amendment.

Rep. KELLEY moved to table the amendment.


Printed Page 1500 . . . . . Wednesday, March 14, 2001

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

Yeas 66; Nays 44

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Carnell                Cato                   Chellis
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             Loftis                 Lucas
McGee                  Meacham-Richardson     Merrill
Owens                  Perry                  Quinn
Rice                   Riser                  Robinson
Sandifer               Scarborough            Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.R.            Smith, W.D.            Talley
Taylor                 Thompson               Tripp
Trotter                Webb                   Whatley
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

Total--66

Those who voted in the negative are:

Allen                  Bales                  Battle
Brown, G.              Brown, J.              Brown, R.
Clyburn                Coates                 Cobb-Hunter
Coleman                Emory                  Freeman
Govan                  Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Mack
Martin                 McLeod                 Miller
Neal, J.M.             Ott                    Parks

Printed Page 1501 . . . . . Wednesday, March 14, 2001

Phillips               Rhoad                  Rivers
Rodgers                Rutherford             Scott
Sheheen                Smith, F.N.            Smith, J.E.
Snow                   Stille                 Stuart
Townsend               Weeks

Total--44

So, the amendment was tabled.

Rep. SCOTT proposed the following Amendment No. 51 (Doc Name council\swb\amend\5236htc01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63C, BUDGET & CONTROL BOARD, DIVISION OF BUDGET & ANALYSES, page 545, paragraph 63C.9, line 36, by inserting:
/7. Of amounts appropriated for employee pay raises, $3,312,000 must be used to provide a base salary increase of $75 for every state employee effective July 1, 2001. This pay increase is added after any other base pay increase effective on that date./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

Rep. SIMRILL moved to table the amendment.

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

Yeas 63; Nays 32

Those who voted in the affirmative are:

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

Printed Page 1502 . . . . . Wednesday, March 14, 2001

Loftis                 Lucas                  McCraw
McGee                  Meacham-Richardson     Merrill
Perry                  Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scarborough
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, W.D.            Stille
Talley                 Taylor                 Thompson
Tripp                  Trotter                Vaughn
Walker                 White                  Wilder
Wilkins                Young, A.              Young, J.

Total--63

Those who voted in the negative are:

Allen                  Bales                  Battle
Breeland               Brown, G.              Brown, J.
Brown, R.              Clyburn                Gourdine
Govan                  Hayes                  Hines, J.
Hines, M.              Hosey                  Jennings
Lee                    Lloyd                  Lourie
Mack                   Martin                 McLeod
Miller                 Ott                    Parks
Rivers                 Rutherford             Scott
Smith, J.E.            Snow                   Stuart
Webb                   Weeks

Total--32

So, the amendment was tabled.

Rep. SCOTT proposed the following Amendment No. 53 (Doc Name council\nbd\amend\11371htc01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63C, BUDGET & CONTROL BOARD, DIVISION OF BUDGET AND ANALYSES, page 545, paragraph 63C.9, line after line 36, by inserting:
/7. Of amounts appropriated for employee pay raises, $5,000,000 must be used to provide a base pay increase of $259 effective July 1, 2001 for every fulltime state employee with an annual salary of less than $25,000 as of June 30, 2001. This base pay increase is added after any other base pay increase effective July 1, 2001./


Printed Page 1503 . . . . . Wednesday, March 14, 2001

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

Rep. SCOTT explained the amendment.

Rep. KELLEY moved to table the amendment.

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

Yeas 64; Nays 26

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bingham                Campsen                Cato
Chellis                Coates                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Frye                   Hamilton               Harrell
Harrison               Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Klauber                Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  McCraw
McGee                  Meacham-Richardson     Merrill
Perry                  Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scarborough
Simrill                Sinclair               Smith, D.C.
Smith, G.M.            Smith, J.R.            Stuart
Talley                 Taylor                 Thompson
Tripp                  Trotter                Vaughn
Walker                 Whatley                White
Wilder                 Wilkins                Witherspoon
Young, A.

Total--64

Those who voted in the negative are:

Allen                  Battle                 Breeland
Brown, G.              Brown, R.              Freeman
Gourdine               Govan                  Hayes

Printed Page 1504 . . . . . Wednesday, March 14, 2001

Hines, J.              Hines, M.              Hosey
Jennings               Lloyd                  Mack
McLeod                 Miller                 Parks
Rivers                 Rutherford             Scott
Snow                   Stille                 Webb
Weeks                  Whipper

Total--26

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 96 (Doc Name h-wm\003\63c-payplan.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63C, B&C BOARD, DIVISION OF BUDGET AND ANALYSES, page 545, paragraph 9, lines 7-36, by striking /the proviso in its entirety/ and inserting:
/63C.9.     (BCB/DBA: OHR - Employee Pay) The amounts appropriated to the Budget and Control Board for Employee Pay Increases must be allocated by the Board to the various state agencies to provide for employee pay increases in accordance with the following plan:

1.   With respect to classified and non judge judicial classified employees, effective on the first pay date that occurs on or after July 1 of the current fiscal year, the compensation of all classified employees shall be increased by 2.5% 2%.

In addition, the Budget and Control Board shall distribute funds appropriated for a merit increase so as to provide for an average 1% merit increase for classified and non judge judicial classified employees, effective on the beginning of the pay period coincident with or immediately following the employee's performance review date. The amount of the merit increase shall be based on the most recent Employee Performance Management System (EPMS) evaluation and shall be determined based on a plan developed by the agency director. An employee may file a grievance if the employee receives less than "meets performance" on the employee performance review or is denied a merit increase based on performance.

2.   With respect to unclassified and non judge judicial unclassified employees or unclassified executive compensation system employees not elsewhere covered in this Act, effective on the first pay date that occurs on or after July 1 of the current fiscal year, each


Printed Page 1505 . . . . . Wednesday, March 14, 2001

agency is authorized to allot the total funds for compensation increases among individual employees without uniformity. The funds provided for compensation increases for any employees subject to the provisions of this paragraph are based on an annual average 3% 2% increase. All of the salaries are subject to the provisions of Section 72.29 of Part IB of this Act and Office of Human Resources' approval must be obtained before any employees subject to the provisions of this paragraph may be granted an annual pay increase in excess of the guidelines established by the Budget & Control Board. Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs 1, 3, 4, 5, or 6 or 7.

3.   With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission shall recommend to the Budget and Control Board salary increases for agency heads. Agency head increases shall be effective on the first pay date that occurs on or after January 1 of the current fiscal year. No agency head shall be paid less than the minimum of the pay increase range nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay range.

4.   Effective on the first pay date that occurs on or after July 1 of the current fiscal year, agency heads not covered by the Agency Head Salary Commission, shall receive an annualized base pay increase of 3% 2%.

5.   With respect to local health care providers, the funds provided for compensation increases shall be based on an annual average 2.5% 2% increase, effective on the first pay date that occurs on or after July 1 of the current fiscal year.

6.   Effective on the first pay date that occurs on or after July 1 of the current fiscal year, the Chief Justice and other judicial officers shall receive an annualized base pay increase of 2%. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KIRSH explained the amendment.

Rep. KELLEY moved to table the amendment.

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

Yeas 63; Nays 33


Printed Page 1506 . . . . . Wednesday, March 14, 2001

Those who voted in the affirmative are:
Allison                Barfield               Barrett
Bingham                Breeland               Campsen
Cato                   Chellis                Coates
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Edge
Fleming                Frye                   Gourdine
Harrell                Harrison               Hinson
Huggins                Keegan                 Kelley
Klauber                Knotts                 Koon
Leach                  Limehouse              Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  Meacham-Richardson
Merrill                Owens                  Perry
Quinn                  Rice                   Riser
Robinson               Sandifer               Scarborough
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.R.            Talley                 Taylor
Thompson               Tripp                  Trotter
Vaughn                 Webb                   Whatley
Whipper                White                  Wilder
Wilkins                Young, A.              Young, J.

Total--63

Those who voted in the negative are:

Bales                  Battle                 Brown, G.
Clyburn                Coleman                Davenport
Emory                  Freeman                Hamilton
Hayes                  Hines, J.              Hines, M.
Hosey                  Kirsh                  Littlejohn
Lloyd                  Miller                 Neal, J.M.
Ott                    Phillips               Rivers
Rodgers                Rutherford             Scott
Sheheen                Simrill                Smith, F.N.
Smith, J.E.            Snow                   Stille
Stuart                 Walker                 Weeks

Total--33

So, the amendment was tabled.


Printed Page 1507 . . . . . Wednesday, March 14, 2001

Rep. SCOTT proposed the following Amendment No. 197 (Doc Name council\bbm\amend\10032htc01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63C, BUDGET & CONTROL BOARD, page 545, paragraph 63C.9, line 7, by striking the proviso in its entirety and inserting:
/ 63C.9.   (BCB/DBA: OHR - Employee Pay) The amounts appropriated to the Budget and Control Board for Employee Pay Increases must be allocated by the board to the various state agencies to provide relief from budget cuts and must be spread among state agencies in proportion to their personnel services funding. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

Rep. KELLEY moved to table the amendment.

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

Yeas 77; Nays 22

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Bingham
Campsen                Carnell                Cato
Chellis                Coates                 Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Frye                   Hamilton               Harrell
Harrison               Hayes                  Hinson
Huggins                Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Leach                  Limehouse
Littlejohn             Lourie                 Lucas
Martin                 McCraw                 McGee
Meacham-Richardson     Merrill                Miller
Ott                    Owens                  Perry
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scarborough            Sheheen

Printed Page 1508 . . . . . Wednesday, March 14, 2001

Simrill                Sinclair               Smith, D.C.
Smith, G.M.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Talley                 Taylor
Thompson               Tripp                  Trotter
Vaughn                 Whatley                White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

Total--77

Those who voted in the negative are:

Battle                 Breeland               Brown, G.
Brown, R.              Freeman                Govan
Hines, M.              Hosey                  Howard
Jennings               Lee                    Lloyd
Mack                   McLeod                 Parks
Rivers                 Scott                  Snow
Stuart                 Webb                   Weeks
Whipper

Total--22

So, the amendment was tabled.

Reps. QUINN and KELLEY proposed the following Amendment No. 280 (Doc Name h-wm\003\63c9 medicaid workerstwo.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63C, B&C BOARD, DIVISION OF BUDGET AND ANALYSES, page 545, paragraph 9, line 25, by striking /1, 3, 4, 5, or 6 or 7/ and inserting /1, 3, 4, 5, 6, or 7/
Amend the bill further, as and if amended, page 545, paragraph 9, after line 36, by inserting:
/ 7. With respect to Medicaid eligibility workers employed by the Department of Social Services, compensation and merit increases shall be provided in the same manner as that provided for classified employees in paragraph 1./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. QUINN explained the amendment.


Printed Page 1509 . . . . . Wednesday, March 14, 2001

The amendment was then adopted.
Section 63C, as amended, was adopted.

SECTION 63F

Section 63F was adopted.

SECTION 63G--AMENDED AND ADOPTED

Reps. ROBINSON, LEACH, DAVENPORT, HASKINS and BARFIELD proposed the following Amendment No. 245 (Doc Name h-wm\005\63g proh abort.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63G, B&C BOARD - EMPLOYEE BENEFITS, page 554, after line 8, by adding an appropriately numbered paragraph to read:
/ (BCB/EB: Funding Abortions Prohibited) No funds appropriated for employer contributions to the State Health Insurance Plan may be expended to reimburse the expenses of an abortion, except in cases of rape, incest or where the life of the mother is in jeopardy, and the State Health Plan may not offer coverage for abortion services./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ROBINSON explained the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 84; Nays 17

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Battle
Bingham                Brown, G.              Campsen
Cato                   Chellis                Coates
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Freeman                Frye                   Hamilton
Harrell                Harrison               Haskins
Hayes                  Hinson                 Huggins
Keegan                 Kelley                 Kirsh

Printed Page 1510 . . . . . Wednesday, March 14, 2001

Klauber                Knotts                 Koon
Leach                  Limehouse              Loftis
Lourie                 Lucas                  Martin
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Ott
Owens                  Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scarborough            Sharpe                 Sheheen
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.R.
Smith, W.D.            Snow                   Stille
Stuart                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Webb                   Whatley
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

Total--84

Those who voted in the negative are:

Allen                  Breeland               Brown, J.
Brown, R.              Cobb-Hunter            Gourdine
Hines, J.              Hines, M.              Hosey
Lee                    Lloyd                  Mack
Parks                  Rutherford             Smith, J.E.
Weeks                  Whipper

Total--17

So, the amendment was adopted.

Section 63G, as amended, was adopted.

SECTION 64--ADOPTED

Rep. QUINN proposed the following Amendment No. 117 (Doc Name h-wm\009\dor-intnet.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 64, DEPARTMENT OF REVENUE, page 556, after line 17, by adding an appropriately numbered paragraph to read:
/64.__(DOR: Internet Tax Prohibited)


Printed Page 1511 . . . . . Wednesday, March 14, 2001

(A)   Except as otherwise provided in this paragraph, neither this State nor any political subdivision of this State may impose, assess, or attempt to collect any tax or fee directly or indirectly on:

(1)   the Internet or interactive computer services; or

(2)   the use of the Internet or interactive computer services.

(B)   This paragraph does not apply to:

(1)   state income taxes imposed on and measured by net income derived from the Internet or interactive computer services;

(2)   fairly apportioned business license taxes applied to businesses that have a business location in counties and municipalities; and

(3)   does not affect the authority of this State to impose a sales or use tax on sales or other transactions effected by use of the Internet or interactive computer services if:

(a)   the tax is the same as the tax imposed and collected by this State or on sales or interstate transactions effected by mail order, telephone, or other remote means within its taxing jurisdiction; and

(b)   the obligation to collect the tax from sales or other transactions effected by use of the Internet or interactive computer services is imposed on the same person or entity as in the case of sales or transactions effected by mail order, telephone, or other remote means.

(C)   As used in this paragraph:

(1)   'Internet; Interactive Computer Service' have the meaning given such terms by paragraphs (1) and (2), respectively, of Section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e)).

(2)   'Tax' means any tax, license, or fee that is imposed by any governmental entity and the imposition on the seller of an obligation to collect and remit a tax imposed on the buyer.//
Renumber sections to conform.
Amend totals and titles to conform.

Rep. QUINN explained the amendment.

POINT OF ORDER

Rep. ROBINSON raised the Point of Order that Amendment No. 117 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.


Printed Page 1512 . . . . . Wednesday, March 14, 2001

Section 64 was adopted.

SECTION 69A--AMENDED AND ADOPTED

Rep. KELLEY proposed the following Amendment No. 290 (Doc Name h-wm\003\ascg salary supplements.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 69A, AID TO SUBDIVISIONS, COMPTROLLER GENERAL, page 558, paragraph 1, line 15, after /$16,649/ by striking /on the salary of/ and inserting /as a salary supplement to/
Amend the bill further, as and if amended, line 17, after /county/ by inserting /as salaries/
Amend the bill further, as and if amended, line 19, by striking /These salaries/ and inserting /The salary supplement for each county auditor and county treasurer/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. LLOYD proposed the following Amendment No. 94 (Doc Name h-wm\008\lloydprop#2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 69A, AID TO SUBDIVISIONS, COMPTROLLER GENERAL, page 558, after line 23, by adding an appropriately numbered paragraph to read:
/(Trust Fund for Tax Relief) notwithstanding the provisions of Sections 11-11-150 and 12-37-251 of the 1976 Code, for FY 2001-02, $17,998,095 for an average 1% merit pay increase for state employees, effective on the beginning of the pay period coincident with or immediately following the employee's performance review date, $2,900,000 for South Carolina State University educational and general expenditures, and $16,500,000 for the Department of Education for School Technology shall be appropriated from the Trust Fund for Tax Relief. The reimbursements to school districts required pursuant to Section 12-37-251(B)(2) of the 1976 Code are proportionally decreased by the $37,398,095 appropriated above. School districts may receive reimbursements less than the actual reimbursement amount they received in FY 1998-99. /


Printed Page 1513 . . . . . Wednesday, March 14, 2001

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

Rep. LLOYD explained the amendment.

Rep. KELLEY moved to table the amendment.

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

Yeas 82; Nays 30

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Bingham
Campsen                Carnell                Cato
Chellis                Coates                 Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Freeman
Frye                   Hamilton               Harrell
Harrison               Haskins                Hinson
Huggins                Keegan                 Kelley
Kirsh                  Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  Martin                 McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Neal, J.M.             Owens
Perry                  Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scarborough            Sharpe
Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                White                  Wilder

Printed Page 1514 . . . . . Wednesday, March 14, 2001

Wilkins                Witherspoon            Young, A.
Young, J.

Total--82

Those who voted in the negative are:

Battle                 Breeland               Brown, G.
Brown, J.              Brown, R.              Clyburn
Cobb-Hunter            Gourdine               Govan
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Jennings
Kennedy                Lloyd                  Mack
Miller                 Ott                    Parks
Rhoad                  Rivers                 Rutherford
Scott                  Smith, F.N.            Stille
Stuart                 Weeks                  Whipper

Total--30

So, the amendment was tabled.

Section 69A, as amended, was adopted.

SECTION 72--AMENDED AND ADOPTED

Rep. KELLEY proposed the following Amendment No. 205 (Doc Name h-wm\003\72.75 downsz.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 580, paragraph 75, lines 25-35, by amending the paragraph to read:
/72.75.(GP:Downsizing/Realigning Resources) State agencies may implement, in consultation with the Office of Human Resources of the Budget and Control Board, a program to realign resources to include provisions for a separation incentive payment for employees which may include the employer portion of health and dental benefits not to exceed one year. Employees participating in such program shall not be eligible to participate in the Teacher and Employee Retention Incentive (TERI) program or the LEORI program for employees in the Police Officer Retirement System. Employees participating in the TERI program or the LEORI program, and agency heads shall not be eligible to receive these incentives. Any program developed under this provision will involve voluntary participation from employees and will


Printed Page 1515 . . . . . Wednesday, March 14, 2001

be funded within existing appropriations. The program must be approved by the agency head and the Director of the Division of Budget and Analyses based on ability to demonstrate recurring cost savings for realignment and/or permanent downsizing. State agencies shall report the results to the Budget and Control Board by March 15, 2002. The Budget and Control Board shall report to the Senate Finance Committee and the House Ways and Means Committee on these results./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. W. D. SMITH proposed the following Amendment No. 139 (Doc Name council\nbd\amend\11377ac01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 584, by adding an appropriately numbered paragraph to read:
/72.   (GP: Federal Matching Funds) All state agencies shall conduct a study to determine what federal matching funds are or may be available to the agency and shall report its findings to the General Assembly before October 1, 2001./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. W. D. SMITH explained the amendment.
The amendment was then adopted.

Rep. KELLEY proposed the following Amendment No. 91 (Doc Name h-wm\003\72.85 furlough3.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 582, paragraph 85, lines 14-23, by striking the paragraph in its entirety and inserting:
/ 72.85.   (GP: Voluntary Furlough) Notwithstanding Section 8-11-195 of the 1976 Code, or any other provision of law, in a fiscal year in which the general funds appropriated for a state agency are less than the general funds appropriated for that agency in the preceding fiscal year, or whenever the General Assembly or the Budget and Control Board implements a midyear across-the-board budget reduction, agency heads may institute a voluntary employee furlough program of


Printed Page 1516 . . . . . Wednesday, March 14, 2001

not more than ninety days per fiscal year. During this voluntary furlough, the state employees shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries. As to those benefits which require employer and employee contributions, the state agencies, institutions and departments will be responsible for making both employer and employee contributions; and as to those benefits which require only employee contributions, the employee remains solely responsible for making those contributions. In the event an agency's reduction is due solely to the General Assembly transferring or deleting a program, this provision does not apply./
Renumber sections to conform.
Amend totals and titles to conform.

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

SPEAKER PRO TEMPORE IN CHAIR

Rep. RODGERS proposed the following Amendment No. 12 (Doc Name h-wm\007\holiday.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 583 lines 29-35 and page 584 lines 1-11, paragraph 91, by striking the paragraph in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RODGERS explained the amendment.

Rep. LOURIE moved to table the amendment.

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

Yeas 89; Nays 23

Those who voted in the affirmative are:

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

Printed Page 1517 . . . . . Wednesday, March 14, 2001

Dantzler               Delleney               Easterday
Edge                   Emory                  Fleming
Frye                   Gourdine               Govan
Hamilton               Harrell                Harrison
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  Meacham-Richardson
Merrill                Miller                 Neal, J.M.
Ott                    Owens                  Parks
Phillips               Quinn                  Rice
Riser                  Rutherford             Sandifer
Scarborough            Scott                  Sharpe
Simrill                Sinclair               Smith, D.C.
Smith, F.N.            Smith, J.E.            Smith, J.R.
Smith, W.D.            Snow                   Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Weeks
Whatley                White                  Wilder
Wilkins                Young, A.

Total--89

Those who voted in the negative are:

Bowers                 Brown, G.              Brown, R.
Davenport              Freeman                Lee
Limehouse              Loftis                 McLeod
Perry                  Rhoad                  Rivers
Robinson               Rodgers                Sheheen
Smith, G.M.            Stille                 Stuart
Walker                 Webb                   Whipper
Witherspoon            Young, J.

Total--23

So, the amendment was tabled.


Printed Page 1518 . . . . . Wednesday, March 14, 2001

Rep. SCOTT proposed the following Amendment No. 206 (Doc Name h-wm\001\72.90 scott.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 583, paragraph 90, lines 8 - 28, by striking the paragraph in its entirety.
/72.90.   (GP: Sales Tax on Food) (A) Notwithstanding the rates of tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, is four percent for sales from July 1, 2001, through December 31, 2001, three percent for such sales from January 1, 2002, through December 31, 2002, two percent for such sales from January 1, 2003, through December 31, 2003, and one percent for such sales from January 1, 2004, through December 31, 2004. Effective January 1, 2005, food items eligible for purchase with United States Department of Agriculture food coupons are exempt from the taxes imposed pursuant to Chapter 36, Title 12 of the 1976 Code, but this exemption does not apply for local sales and use taxes except where such taxes specifically exempt these items. Eighty percent of the revenues from sales taxes raised by the special tax rates provided by this paragraph must be credited to the general fund of this State and used as sales taxes are used, and the remainder must be credited to the Education Improvement Act Fund. Except where otherwise exempt, the local sales and use taxes authorized by law continue to apply to those sales subject to the reduced state rate of tax provided in this paragraph.

(B) General fund revenues in an amount equal to the revenue that would have been derived from the sales tax if the exemption provided in this paragraph had not been authorized for food items which may be purchased lawfully with USDA food coupons must be deposited from the state general fund by the Comptroller General to the Educational Improvement Act fund established in Section 59-21-1010 of the 1976 Code and for appropriations for the support of the public school system which includes the following: Department of Education, State Board for Technical and Comprehensive Education, Educational Television Commission, Wil Lou Gray Opportunity School, School for the Deaf and the Blind, John de la Howe School, debt service on capital improvement bonds applicable to the above agencies, debt service on school bonds, and other school purposes provided by law. The revenue that would have been derived from the sales tax if the exemption provided for herein had not been authorized for food items


Printed Page 1519 . . . . . Wednesday, March 14, 2001

which may be purchased lawfully with USDA food coupons shall nevertheless be considered as general retail sales tax revenue for purposes of this paragraph./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

Rep. SIMRILL spoke against the amendment.
Rep. KNOTTS spoke against the amendment.

Rep. KELLEY moved to table the amendment.

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

Yeas 95; Nays 12

Those who voted in the affirmative are:

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Campsen
Carnell                Cato                   Chellis
Clyburn                Coates                 Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Freeman
Frye                   Hamilton               Harrell
Harrison               Haskins                Hines, J.
Hinson                 Hosey                  Howard
Huggins                Jennings               Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Limehouse              Littlejohn             Loftis
Lourie                 Lucas                  Martin
McCraw                 McGee                  Meacham-Richardson
Merrill                Miller                 Ott
Owens                  Perry                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scarborough            Sharpe

Printed Page 1520 . . . . . Wednesday, March 14, 2001

Sheheen                Simrill                Sinclair
Smith, D.C.            Smith, F.N.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Stille                 Talley                 Taylor
Thompson               Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

Total--95

Those who voted in the negative are:

Breeland               Brown, J.              Gourdine
Hines, M.              Lloyd                  Mack
McLeod                 Parks                  Scott
Stuart                 Weeks                  Whipper

Total--12

So, the amendment was tabled.

SPEAKER IN CHAIR

Rep. HARVIN proposed the following Amendment No. 217 (Doc Name council\GJK\amend\20342sd01.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 583, paragraph 72.90, line 8, by striking lines 11, 12, and 13 and inserting / March 31, 2002, three percent for such sales from April 1, 2002, through March 31, 2003, two percent for such sales from April 1, 2003, through March 31, 2004, and one percent for such sales from April 1, 2004, through March 31, 2005. Effective April 1, 2005, food items eligible for purchase with United States Department of Agriculture food coupons are /
Amend further by adding a new subparagraph (C) to paragraph 72.90, page 583, after line 28, to read:
/(C)   The increase in the general fund revenues as a result of the revised schedule for the phasing in of the sales tax exemption on food contained in this paragraph as compared to the schedule for the phasing in of the sales tax exemption on food contained in the 2000-2001 supplemental appropriations bill (Act 1 of 2001) must be allocated to


Printed Page 1521 . . . . . Wednesday, March 14, 2001

the several school districts of this State for technology initiatives in the same manner other funds are allocated to the several school districts of this State for technology initiatives as provided in this act./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARVIN explained the amendment.

Rep. KELLEY moved to table the amendment.

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

Yeas 74; Nays 30

Those who voted in the affirmative are:

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Bingham                Brown, J.              Campsen
Cato                   Chellis                Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Hamilton               Harrell                Harrison
Haskins                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  McCraw                 McGee
Meacham-Richardson     Merrill                Owens
Perry                  Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scarborough
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, F.N.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn

Printed Page 1522 . . . . . Wednesday, March 14, 2001

Whatley                White                  Wilkins
Witherspoon            Young, A.

Total--74

Those who voted in the negative are:

Battle                 Bowers                 Breeland
Brown, R.              Carnell                Emory
Freeman                Gourdine               Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Jennings               Kennedy
Mack                   McLeod                 Miller
Neal, J.M.             Parks                  Rhoad
Rivers                 Rutherford             Smith, G.M.
Stille                 Stuart                 Webb
Weeks                  Wilder                 Young, J.

Total--30

So, the amendment was tabled.

Rep. HAMILTON proposed the following Amendment No. 81 (Doc Name council\swb\amend\5220mm01.doc), which was adopted:
/Amend the bill, as and if amended, Part IB, Section 72, GENERAL & TEMPORARY, page 584, after line 14, by adding an appropriately numbered paragraph to read:
/72.___(State funded libraries: Web filters) (A) A library receiving state funds, directly, indirectly, by grant, or otherwise, other than a library at an institution of higher learning, that has computers available for use by the public or students, or both, must equip these computers with software incorporating web-filtering technology designed to eliminate or reduce the ability of the computer to access sites displaying pornographic pictures or text. However, up to ten percent, and at least one, of the library's computers must be unfiltered. These unfiltered computers must be located where use of the computer can be monitored continuously by library personnel, and must have a privacy hood. The library also must have a written policy providing sanctions against a person who instructs or demonstrates to another person how to bypass this web-filtering technology.

(B)   State funds intended for a library not in compliance with subsection (A) must be reduced by fifty percent. Funds resulting from


Printed Page 1523 . . . . . Wednesday, March 14, 2001

this reduction must be distributed among other libraries that are in compliance with subsection (A)./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HAMILTON explained the amendment.

POINT OF ORDER

Rep. MEACHAM-RICHARDSON raised the Point of Order that Amendment No. 81 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment was germane to the Bill and he overruled the Point of Order.

Rep. HAMILTON continued speaking.
Rep. KELLEY spoke against the amendment.
Rep. BALES spoke against the amendment.
Rep. EASTERDAY spoke in favor of the amendment.
Rep. EASTERDAY spoke in favor of the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. MILLER spoke against the amendment.

Rep. F. N. SMITH moved to table the amendment.

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

Yeas 36; Nays 74

Those who voted in the affirmative are:

Allen                  Battle                 Bowers
Breeland               Brown, J.              Brown, R.
Clyburn                Cobb-Hunter            Emory
Freeman                Hines, J.              Hines, M.
Hosey                  Howard                 Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Lee                    Mack
Miller                 Neal, J.M.             Parks
Rhoad                  Riser                  Rivers
Rodgers                Rutherford             Scott

Printed Page 1524 . . . . . Wednesday, March 14, 2001

Smith, F.N.            Stuart                 Taylor
Webb                   Weeks                  Wilder

Total--36

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Bingham
Campsen                Carnell                Cato
Chellis                Coates                 Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Gourdine               Hamilton               Harrell
Harrison               Harvin                 Haskins
Hayes                  Hinson                 Huggins
Knotts                 Law                    Leach
Limehouse              Littlejohn             Loftis
Lourie                 Lucas                  Martin
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Ott
Owens                  Phillips               Quinn
Rice                   Robinson               Sandifer
Scarborough            Sharpe                 Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Stille                 Talley                 Thompson
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Whatley
White                  Wilkins                Witherspoon
Young, A.              Young, J.

Total--74

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 86; Nays 14


Printed Page 1525 . . . . . Wednesday, March 14, 2001

Those who voted in the affirmative are:
Allen                  Allison                Altman
Bales                  Barfield               Barrett
Bingham                Brown, J.              Campsen
Carnell                Cato                   Chellis
Coates                 Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Freeman                Frye                   Hamilton
Harrison               Harvin                 Haskins
Hayes                  Hines, M.              Hinson
Huggins                Keegan                 Kelley
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  Martin                 McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Ott                    Owens
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Sandifer               Scarborough
Sharpe                 Simrill                Sinclair
Smith, D.C.            Smith, F.N.            Smith, G.M.
Smith, J.E.            Smith, J.R.            Smith, W.D.
Stille                 Stuart                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Weeks                  Whatley
White                  Wilder                 Wilkins
Witherspoon            Young, J.

Total--86

Those who voted in the negative are:

Bowers                 Breeland               Brown, R.
Cobb-Hunter            Emory                  Hosey
Howard                 Jennings               Neal, J.M.
Rivers                 Rodgers                Rutherford
Scott                  Webb

Total--14


Printed Page 1526 . . . . . Wednesday, March 14, 2001

So, the amendment was adopted.

Reps. G. M. SMITH, CAMPSEN, COLEMAN, DELLENEY, HARRISON, JENNINGS, LUCAS, MCGEE, RIVERS, ROBINSON, WEEKS, WHIPPER, J. YOUNG and W. D. SMITH proposed the following Amendment No. 214 (Doc Name skb\18281som01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 584, after line 14, by adding an appropriately numbered paragraph to read:
/ 72.___ (GP: Assessments Increase)   Notwithstanding any other provision of law and in addition to the appropriations provided in Part IA of this Act for the Commission on Indigent Defense, the assessment paid pursuant to Sections 14-1-206, 14-1-207, or 14-1-208 by a person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in general sessions, magistrates, or municipal court is increased from one hundred to one hundred fifteen percent of the fine imposed. The additional fifteen percent of the fine imposed as an assessment must be credited to the General Fund in the account of the Commission on Indigent Defense and used for the defense of indigents. Of the amounts generated from this increase of fifteen percent, the commission shall apportion the funds received monthly at the rate of fifty percent to the civil fund and the remainder divided among those other programs which were reduced in the current year in amounts up to the maximum approved in the 2000-2001 fiscal year for all these funds. Included in this disbursement to the civil fund, the commission may transfer into the operating budget of the Office of Indigent Defense sufficient funds to provide for the salaries and operating expenses of the two FTE's provided in the 2000-2001 fiscal year. Once this disbursement has occurred and the fund limits are reached, the commission shall then disburse any remaining funds to the conflict fund and the local defender corporations, with the amount deposited to the conflict fund limited to its maximum amount of deposit as set forth in this act. /
Renumber sections to conform.
Amend totals and titles to conform.

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


Printed Page 1527 . . . . . Wednesday, March 14, 2001

Rep. KELLEY proposed the following Amendment No. 174 (Doc Name council\dka\amend\4170mm01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 584, after line 14, by adding an appropriately numbered paragraph to read:
/ 72.__( GP: Audits of County Records) The council shall provide for an independent annual audit of all financial records and transactions of the county and an agency funded in whole by county funds and may provide for more frequent audits as it considers necessary. Special audits may be provided for an agency receiving any portion of its funding from county funds as the county governing body considers necessary. The audits must be made by a certified public accountant or public accountant or firm of these accountants who have no personal interest, direct or indirect, in the fiscal affairs of the county government or its officers. Without requiring competitive bids, the council may designate the accountant or firm annually or for a period not exceeding one year. The designation for a particular fiscal year must be made no later than thirty days after the beginning of the fiscal year. The report of the audit must be made available for public inspection. A copy of the report of audit must be submitted to the Comptroller General no later than January first each year following the close of the books of the previous fiscal year; except that the Comptroller General may extend the time for good cause. If the report is not timely filed, including any extension, funds distributed by the Comptroller General to the county in fiscal year 2001-02 must be withheld pending receipt of a copy of the report. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. ROBINSON, LEACH, DAVENPORT, BARFIELD, HASKINS and CAMPSEN proposed the following Amendment No. 243 (Doc Name council\dka\amend\4169mm01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 584, after line 14, by adding an appropriately numbered paragraph to read:
/ 72.__( GP: Prohibition of Funding for Reproductive Health Measures) Notwithstanding any other provision of law, the General


Printed Page 1528 . . . . . Wednesday, March 14, 2001

Assembly may not appropriate state or federal funds to an agency or organization which:

(1)   performs abortions;

(2)   provides birth control methods that cause chemical abortions;

(3)   provides birth control to unmarried persons;

(4)   performs sterilization of humans. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ROBINSON explained the amendment.

POINT OF ORDER

Rep. COBB-HUNTER raised the Point of Order that Amendment No. 243 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment was germane to the Bill and he overruled the Point of Order.

Rep. RUTHERFORD moved to table the amendment.

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

Yeas 36; Nays 64

Those who voted in the affirmative are:

Allen                  Battle                 Breeland
Brown, G.              Brown, J.              Brown, R.
Clyburn                Cobb-Hunter            Emory
Freeman                Gourdine               Hayes
Hines, J.              Hines, M.              Hosey
Jennings               Kelley                 Kennedy
Lee                    Mack                   Neal, J.M.
Parks                  Rivers                 Rodgers
Rutherford             Scott                  Smith, F.N.
Smith, G.M.            Smith, J.E.            Snow
Stille                 Stuart                 Webb
Weeks                  Whipper                Young, J.

Total--36


Printed Page 1529 . . . . . Wednesday, March 14, 2001

Those who voted in the negative are:
Allison                Altman                 Bales
Barfield               Barrett                Bingham
Campsen                Carnell                Cato
Chellis                Coates                 Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Fleming                Frye                   Harrell
Harrison               Haskins                Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Lourie                 Lucas
Martin                 McCraw                 McGee
McLeod                 Meacham-Richardson     Merrill
Ott                    Owens                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Sandifer
Scarborough            Sharpe                 Simrill
Smith, D.C.            Smith, J.R.            Talley
Taylor                 Thompson               Townsend
Trotter                Walker                 White
Wilder                 Wilkins                Witherspoon
Young, A.

Total--64

So, the House refused to table the amendment.

The amendment was then adopted.

Rep. EASTERDAY proposed the following Amendment No. 282 (Doc Name council\bbm\amend\10094htc01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 584, after line 14, by adding an appropriately numbered paragraph to read:

/ 72. (GP: Senior Prescription Drug Program Study Committee) There is established the Senior Prescription Drug Program Study Committee consisting of three members of the House of Representatives, appointed by the Speaker, three members of the Senate, appointed by the President Pro Tempore, and three members appointed by the Governor from the State at large. The committee


Printed Page 1530 . . . . . Wednesday, March 14, 2001

shall organize and meet for the purpose of studying the Senior Prescription Drug Program and making recommendations for the improvement and better administration of the program. The committee shall complete and file its report and recommendations with the Governor, the Speaker of the House and the President Pro Tempore of the Senate no later than December 1, 2001. The committee shall monitor any application for a waiver from the federal government related to a senior prescription drug program. The committee shall conduct public hearings to receive the views of residents of this State participating in the program and participating venders. The committee shall review all sources and potential sources of funding for a low-income prescription drug assistance program and take particular care to determine what assistance is available from federal sources. The committee shall address the issue of eligibility, and shall make recommendations as to means of administering the program with maximum efficiency. The committee may call upon the services of the House of Representatives, Senate, Office of the Governor, and cabinet agencies to provide expertise and staff for the committee. Members of the committee shall serve without compensation, but shall receive the mileage, per diem, and subsistence allowed by law for members of state boards, committees, and commissions. Expenses of the committee must be paid in equal proportions from approved accounts of the House, Senate, and Office of the Governor. The committee terminates on the date it files its report and recommendations or December 1, 2001, whichever occurs first. Vacancies must be filled in the manner of original appointment. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. EASTERDAY explained the amendment.

POINT OF ORDER

Rep. F. N. SMITH raised the Point of Order that Amendment No. 282 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment met the substantial effect requirements under the rule and he therefore overruled the Point of Order.

Rep. EASTERDAY continued speaking.
The amendment was then adopted.


Printed Page 1531 . . . . . Wednesday, March 14, 2001

Reps. BOWERS, OWENS, LLOYD and R. BROWN proposed the following Amendment No. 284 (Doc Name ggs\22905mm01.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 584, paragraph 72._____, after line 14, by adding an appropriately numbered paragraph to read:
/ 72.   (GP: Veterans' Nursing Home) Of the funds deposited in the Tobacco Settlement Local Government fund established in Section 11-11-170(B)(4), the sum of two million six hundred thousand dollars is allocated to the Department of Social Services during fiscal year 2001-2002 for a veterans' nursing home. /
Renumber paragraph to conform.
Amend totals and titles to conform.

Rep. BOWERS explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. GOVAN a leave of absence for the remainder of the day to attend services for the mayor of Orangeburg.

Rep. BOWERS continued speaking.

Rep. KELLEY moved to table the amendment.

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

Yeas 50; Nays 62

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Battle                 Bingham
Breeland               Brown, J.              Campsen
Chellis                Coates                 Cobb-Hunter
Cooper                 Cotty                  Easterday
Edge                   Frye                   Harrell
Harrison               Hines, J.              Howard
Keegan                 Kelley                 Koon
Limehouse              Littlejohn             Mack
McGee                  Meacham-Richardson     Perry
Quinn                  Rice                   Riser
Sandifer               Scarborough            Sharpe

Printed Page 1532 . . . . . Wednesday, March 14, 2001

Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.R.            Smith, W.D.            Talley
Tripp                  Walker                 Webb
Whipper                Wilkins                Witherspoon
Young, A.              Young, J.

Total--50

Those who voted in the negative are:

Allen                  Bales                  Bowers
Brown, G.              Brown, R.              Carnell
Cato                   Clyburn                Coleman
Dantzler               Davenport              Delleney
Emory                  Fleming                Freeman
Gourdine               Hamilton               Harvin
Haskins                Hayes                  Hines, M.
Hinson                 Hosey                  Jennings
Kennedy                Kirsh                  Knotts
Law                    Leach                  Lee
Loftis                 Lourie                 Lucas
Martin                 McCraw                 McLeod
Merrill                Miller                 Neal, J.M.
Owens                  Parks                  Phillips
Rhoad                  Rivers                 Robinson
Rodgers                Rutherford             Sheheen
Simrill                Smith, F.N.            Smith, J.E.
Snow                   Stille                 Stuart
Thompson               Townsend               Trotter
Vaughn                 Weeks                  Whatley
White                  Wilder

Total--62

So, the House refused to table the amendment.

Rep. ALLISON spoke against the amendment.
Rep. HARRELL spoke against the amendment.

The question then recurred to the adoption of the amendment.


Printed Page 1533 . . . . . Wednesday, March 14, 2001

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

Yeas 35; Nays 75

Those who voted in the affirmative are:

Bales                  Barrett                Bowers
Brown, R.              Clyburn                Coleman
Davenport              Delleney               Emory
Fleming                Freeman                Hamilton
Hosey                  Huggins                Knotts
Lourie                 McLeod                 Merrill
Neal, J.M.             Owens                  Parks
Rhoad                  Riser                  Rivers
Robinson               Rodgers                Rutherford
Sheheen                Smith, F.N.            Stuart
Thompson               Trotter                Vaughn
Weeks                  Whatley

Total--35

Those who voted in the negative are:

Allen                  Allison                Altman
Barfield               Battle                 Bingham
Brown, G.              Campsen                Cato
Chellis                Coates                 Cobb-Hunter
Cooper                 Cotty                  Dantzler
Easterday              Edge                   Frye
Gourdine               Harrell                Harrison
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Howard
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Koon
Law                    Leach                  Lee
Limehouse              Littlejohn             Lucas
Mack                   Martin                 McCraw
McGee                  Meacham-Richardson     Miller
Ott                    Perry                  Phillips
Quinn                  Rice                   Sandifer
Scarborough            Scott                  Sharpe
Simrill                Sinclair               Smith, D.C.
Smith, G.M.            Smith, J.E.            Smith, J.R.

Printed Page 1534 . . . . . Wednesday, March 14, 2001

Snow                   Stille                 Talley
Taylor                 Townsend               Tripp
Walker                 Webb                   Whipper
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

Total--75

So, the amendment was rejected.

Rep. RICE proposed the following Amendment No. 285 (Doc Name h-wm\002\ricedss.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 584, line after line 15, by adding an appropriately numbered paragraph to read:
/Should DSS determine that it may incur a deficit during the current fiscal year as a result of fines imposed by the federal government relating to non-compliance issues regarding the child support management information system, it must inform the budget and control board. Should the board, after thorough investigation, determine that the department will in fact incur a deficit as a result of the fine, it must recognize the deficit./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. QUINN and KELLEY proposed the following Amendment No. 319 (Doc Name h-wm\002\bcb-ded computer consolidation dss.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 584, after line 14, by adding an appropriately numbered paragraph to read:
/(GP: DSS - Data Center Payment) For Fiscal Year 2001-02, the Department of Social Services shall not be required to pay more for services provided by the Budget and Control Board Consolidated Data Center than the amount paid for services in Fiscal Year 2000-01. Expenses incurred by the Department of Social Services above the amount incurred in the prior fiscal year shall be absorbed by the Budget and Control Board and shall not be passed on to other agencies./


Printed Page 1535 . . . . . Wednesday, March 14, 2001

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

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

Rep. ROBINSON proposed the following Amendment No. 320 (Doc Name h-wm\005\72 - lump sum forego.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 584, after line 14, by adding an appropriately numbered paragraph to read:
/ (GP: Forego Salary Increase) Employees, staff and or faculty of Higher Education Institutions, including Public Service Activities agencies, may request to voluntarily forego the Fiscal Year 2001-02 general or merit salary increase and have the funds appropriated for that increase remain in the base budget of the institution or agency; however, no employee, staff or faculty may voluntarily forego this increase if the employee, faculty or staff would then earn below the minimum of his pay band./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ROBINSON explained the amendment.

POINT OF ORDER

Rep. WHIPPER raised the Point of Order that Amendment No. 320 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment was germane to the Bill and he therefore overruled the Point of Order.

Rep. ROBINSON continued speaking.
The amendment was then adopted.

Rep. W. D. SMITH proposed the following Amendment No. 321 (Doc Name council\DKA\amend\4180mm01.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 584, after line 14, by adding an appropriately numbered paragraph to read:
/72.   (GP: State Contractors) A private entity that is a contractor with the State or any agency, commission, or department of the State,


Printed Page 1536 . . . . . Wednesday, March 14, 2001

must disclose, upon inquiry, the amount of any commission, referral fee, finder's fee, consulting fee, contingency fee, or other monies paid in connection with obtaining the contract and the name of the person to whom the monies were paid. /
Renumber paragraphs to conform.
Amend totals and titles to conform.

Rep. W. D. SMITH explained the amendment.

POINT OF ORDER

Rep. F. N. SMITH raised the Point of Order that Amendment No. 321 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

AMENDMENT NO. 243--RECONSIDERED AND TABLED

Rep. ROBINSON moved to reconsider the vote whereby Amendment No. 243 was adopted, which was agreed to.

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

RECORD FOR VOTING

I voted to table Amendment No. 243 of H. 3687 because of Provision No. 4 which banned all funding to agencies or organizations that receive money for human sterilization. This would prevent state money from being used for hysterectomies, tubal ligations and vasectomies. The net effect would have been to shut down all OB/GYN and urologist offices in this state. It would also stop surgeries that would be used to combat cancer of the uterus. I supported the other provisions of the amendment. This amendment was later reconsidered and tabled because of the above reason.

Rep. Jeff Young

RECORD FOR VOTING

I voted to table Amendment No. 243 of H. 3687 because of Provision No. 4 which banned all funding to agencies or organizations that receive money for human sterilization. This would prevent state money from being used for hysterectomies. These are necessary surgical procedures, especially in case of cancer of the uterus. I agreed


Printed Page 1537 . . . . . Wednesday, March 14, 2001

with the other three provisions. This amendment was later reconsidered and tabled for the above reasons.

Rep. Murrell Smith

PART IA

SECTION 1--MOTION TO RECONSIDER TABLED

The motion of Rep. HARRELL to reconsider the vote whereby Section 1 was adopted was taken up.
Rep. HARRELL moved to table the motion, which was agreed to.

SECTION 14-- RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 14 was adopted was taken up and agreed to.

Rep. HARRELL proposed the following Amendment No. 328 (Doc Name h-wm\\balancing amendment.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 14, COMMISSION FOR THE BLIND, page 159, line 30, 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.

The amendment was then adopted.

Section 14, as amended, was adopted.

PART IB

SECTION 5M--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 5M was adopted was taken up and agreed to.

Rep. HASKINS proposed the following Amendment No. 324 (Doc Name h-wm\006\musc.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 5M, MEDICAL UNIVERSITY OF SOUTH CAROLINA, page 433, after line 33, by


Printed Page 1538 . . . . . Wednesday, March 14, 2001

adding an appropriately numbered paragraph to read: /Of the funds appropriated to the Medical University of South Carolina, the university shall use $20,000 for public service announcements across the state for melanoma awareness.
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

Section 5M, as amended, was adopted.

SECTION 18--MOTION TO RECONSIDER TABLED

The motion of Rep. HARRELL to reconsider the vote whereby Section 18 was adopted was taken up.
Rep. HARRELL moved to table the motion, which was agreed to.

SECTION 36--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 36 was adopted was taken up and agreed to.

Reps. WHITE and A. YOUNG proposed the following Amendment No. 302 (Doc Name council\bbm\amend\10091htc01.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 492, paragraph 6, by striking line 15 through the remainder of the paragraph and inserting:
/law enforcement vehicles used for traffic enforcement and the issuance of the alcohol restricted license, those fees designated under Section 56-1-1320 to be used by the department to hire, train, and equip members of the highway patrol, and the revenues of fees imposed pursuant to Sections 56-1-170, 56-1-286, 56-1-390, 56-1-740, 56-1-745, 56-1-746, 56-5-750, 56-5-2951, 56-9-430, 56-10-260, and 56-10-270, but only the revenues of that portion of these fees that represents increases in the rate of these fees over rates in effect June 30, 2001, to be used by the department to defray the expenses of the Division of Motor Vehicles. /
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.


Printed Page 1539 . . . . . Wednesday, March 14, 2001

Section 36, as amended, was adopted.

SECTION 63F--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 63F was adopted was taken up.

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

Yeas 87; Nays 15

Those who voted in the affirmative are:

Allen                  Bales                  Barfield
Barrett                Battle                 Bingham
Bowers                 Breeland               Brown, G.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Clyburn
Coates                 Cooper                 Dantzler
Delleney               Edge                   Emory
Fleming                Freeman                Frye
Gourdine               Harrell                Haskins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Huggins
Jennings               Keegan                 Kelley
Kennedy                Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Lourie
Lucas                  Martin                 McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Miller                 Neal, J.M.
Ott                    Owens                  Parks
Phillips               Quinn                  Rhoad
Rice                   Riser                  Rivers
Rodgers                Sandifer               Scarborough
Scott                  Simrill                Sinclair
Smith, D.C.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Snow                   Stuart
Talley                 Taylor                 Thompson
Townsend               Tripp                  Weeks

Printed Page 1540 . . . . . Wednesday, March 14, 2001

Whatley                White                  Wilder
Wilkins                Young, A.              Young, J.

Total--87

Those who voted in the negative are:

Allison                Coleman                Cotty
Davenport              Hamilton               Harrison
Kirsh                  Perry                  Robinson
Sheheen                Smith, F.N.            Stille
Trotter                Vaughn                 Webb

Total--15

So, the motion to reconsider was agreed to.

Rep. KELLEY proposed the following Amendment No. 23 (Doc Name h-wm\003\teri2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63F, B&C BOARD, RETIREMENT DIVISION, page 551, paragraph 3, lines 3-13, by deleting the paragraph in its entirety:
/63F.3. (BCB/RET: TERI) (A) Notwithstanding Section 9-1-2210(A) of the 1976 Code, TERI participation is allowed only upon the mutual consent of the employee and employer.

(B) In addition to the requirements of Section 9-1-2210(C) of the 1976 Code, an employer shall pay to the South Carolina Retirement System the employer contribution for active members prescribed by law for the program participant, regardless of whether the program participant is in a temporary or part-time position.

(C) Notwithstanding Section 9-1-2210(I) program participants first participating in the TERI program after June 30, 2001, are not paid for any annual leave when they terminate from the TERI Program. These program participants, however, shall accrue and are allowed to use sick and annual leave while participating in TERI.

(D) The provisions of Section 9-1-2210(H) are suspended.

(E) Persons first participating in TERI after June 30, 2001, are exempt from the provisions of Article 5, Chapter 17, Title 8 of the 1976 Code, the State Employee Grievance Procedure.
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1541 . . . . . Wednesday, March 14, 2001

Rep. ROBINSON spoke against the amendment.
Rep. KELLEY spoke in favor of the amendment.

The amendment was then adopted by a division vote of 68 to 19.

Section 63F, as amended, was adopted.

SECTION 72--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 72 was adopted was taken up and agreed to.

Rep. QUINN proposed the following Amendment No. 329 (Doc Name h-wm\003\bcb absorb m&g fte.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 584, after line 14, by adding an appropriately numbered paragraph to read:
/(GP: Mansion & Grounds FTE) The Budget and Control Board is directed to absorb the $400,000 cost of thirteen full-time equivalent positions transferred to the Governor's Office - Mansion and Grounds./
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

Section 72, as amended, was adopted.

MOTION ADOPTED

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

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

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

Yeas 107; Nays 5

Those who voted in the affirmative are:

Allen                  Allison                Bales
Barrett                Battle                 Bingham

Printed Page 1542 . . . . . Wednesday, March 14, 2001

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

Total--107


Printed Page 1543 . . . . . Wednesday, March 14, 2001

Those who voted in the negative are:
Bowers                 Smith, J.E.            Stille
Trotter                Webb

Total--5

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

H. 3687-THE GENERAL APPROPRIATION BILL
STATEMENTS FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section 29

The reason for abstaining on the above referenced legislation is:

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

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. CHIP CAMPSEN

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA, Section 51

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or


Printed Page 1544 . . . . . Wednesday, March 14, 2001

business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. MARTY COATES

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA, Sections 12, 9, 33 and 13

The reason for abstaining on the above referenced legislation is:

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

Rep. GILDA COBB-HUNTER

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Sections 44, 55, 32, 37, 35, 47, 5MA, 38, 33, 42, 46, 13, 43, 36, 39 and 53

The reason for abstaining on the above referenced legislation is:

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

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

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself,


Printed Page 1545 . . . . . Wednesday, March 14, 2001

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

Rep. CREIGHTON COLEMAN

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections 44, 51, 46, 38, 13, 43, 55, 13, 47and 36

The reason for abstaining on the above referenced legislation is:

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

Rep. GREG DELLENEY

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section 55, 53 and 42

The reason for abstaining on the above referenced legislation is:

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

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

Rep. MIKE EASTERDAY

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

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


Printed Page 1546 . . . . . Wednesday, March 14, 2001

because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section 5J and Amendments 132, 173 and 155

The reason for abstaining on the above referenced legislation is:

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

Rep. LONNIE HOSEY

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections 44, 43, 55, 51, 46, 38, 13, 36, 43, 55 and 47

The reason for abstaining on the above referenced legislation is:

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

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

Rep. DOUG JENNINGS

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections,44, 51, 46, 38, 13, 43, 55 and 47

The reason for abstaining on the above referenced legislation is:

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


Printed Page 1547 . . . . . Wednesday, March 14, 2001

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

Rep. JAY LUCAS

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section 9

The reason for abstaining on the above referenced legislation is:

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

Rep. DAVID J. MACK III

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections 44, 51, 46, 38, 13, 43, 55, 47, 53, 42 and 53B

The reason for abstaining on the above referenced legislation is:

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

Rep. R. THAYER RIVERS

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Sections 5KA, 44, 43, 55, 51, 46, 38, 13, 43, 55, 47 and 36

The reason for abstaining on the above referenced legislation is:


Printed Page 1548 . . . . . Wednesday, March 14, 2001

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

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

Rep. VINCENT SHEHEEN

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section 44, 55, 32, 46, 43 and 38

The reason for abstaining on the above referenced legislation is:

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

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

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. PHIL SINCLAIR

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

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


Printed Page 1549 . . . . . Wednesday, March 14, 2001

Parts IA and IB, Sections 27, 30, 32, 36, 37, 38, 43, 44, 47, 49, 50, 51 and 55

The reason for abstaining on the above referenced legislation is:

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

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

Rep. DOUG SMITH

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections 44, 51, 46, 38, 13, 43, 55, 47, 36, 63 and 42

The reason for abstaining on the above referenced legislation is:

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

Rep. G. MURRELL SMITH

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections 30, 36, 37, 38, 43, 44, 47, 49, 50 and 51

The reason for abstaining on the above referenced legislation is:

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


Printed Page 1550 . . . . . Wednesday, March 14, 2001

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

Rep. JAMES E. SMITH, JR.

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections 53, 30, 36, 38, 43, 44, 45, 46, 51, 55 and any amendments in these sections

The reason for abstaining on the above referenced legislation is:

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

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

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. J. DAVID WEEKS

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections 38, 42, 43, 51 and 66

The reason for abstaining on the above referenced legislation is:

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


Printed Page 1551 . . . . . Wednesday, March 14, 2001

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

Rep. DAVID H. WILKINS

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Parts IA and IB, Sections 44, 51, 46, 38, 13, 43, 55, 47 and 36

The reason for abstaining on the above referenced legislation is:

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

Rep. JEFF YOUNG

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

ADJOURNMENT

At 8:15 p.m. the House, in accordance with the motion of Rep. DAVENPORT, adjourned in memory of Leroy Kolb of the North Spartanburg Community, to meet at 9:30 a.m. tomorrow.

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