South Carolina General Assembly
115th Session, 2003-2004
Journal of the House of Representatives


Printed Page 1425 . . . . . Tuesday, March 11, 2003

Tuesday, March 11, 2003
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for the day is from Isaiah 1:18: "Come now, let us reason together, says the Lord."
Let us pray. Almighty God, You have reminded us when times and situations get tough, You are always present to comfort and encourage. At this time in the lives of us all, we need a rich amount of Your encouragement, fortitude, and compassion. Help us always to remember Who is in control of this world. Give us wisdom and courage during these days. Hear our prayer. Amen.

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

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

MOTION ADOPTED

Rep. MILLER moved that when the House adjourns, it adjourn in memory of Paul Nance of Murrells Inlet, which was agreed to.

CONFIRMATION OF APPOINTMENT

The following was received:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 6, 2003
Mr. Speaker and Members of the House of Representatives:

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


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LOCAL APPOINTMENT

Dillon County Master-in-Equity
Term Commencing:
Term Expiring: 6 years after confirmation by the General Assembly
Seat: At-Large
Vice: New Seat

Initial Appointment
Mr. Charles E. Curry
545 Roberts Road
Dillon, South Carolina 29536

Respectfully,
Mark Sanford
Governor

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

S. 375--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., March 6, 2003
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 375:

S. 375 (Word version) -- Senators Martin, Leatherman, Peeler, Drummond, Giese, Setzler, Land, Holland, Moore, Short, Hutto, Hayes, Waldrep, Knotts, Ritchie, Verdin, Pinckney, J. V. Smith, McConnell, Courson, Thomas, Gregory, Mescher, Ryberg, Alexander, Fair, Ravenel, Branton, Grooms, Richardson, Hawkins and Kuhn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DISTRICTS OF THIS STATE MAY FURLOUGH DISTRICT PERSONNEL TO THE EXTENT NECESSARY TO AVOID A YEAR-END DEFICIT AND A REDUCTION IN FORCE AND TO PROVIDE THE TERMS AND CONDITIONS OF A FURLOUGH PURSUANT TO THIS PROVISION; AND TO PROVIDE THAT FOR FISCAL YEAR 2002-2003, ALL SCHOOL DISTRICTS AND SPECIAL SCHOOLS


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OF THIS STATE MAY TRANSFER REVENUE BETWEEN PROGRAMS TO ANY INSTRUCTIONAL PROGRAM WITH THE SAME FUNDING SOURCE AND ANY UNOBLIGATED INSTRUCTIONAL PROGRAM FUNDS MAY BE USED FOR OPERATIONAL PURPOSES.

Very respectfully,
President

On motion of Rep. TOWNSEND, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. TOWNSEND, WALKER and OTT to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

INVITATIONS

On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:

November 26, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the South Carolina Manufacturing Extension Partnership the Members of the House of Representatives are invited to a luncheon. This event will be held on the State House Grounds on Wednesday, April 30, 2003, from 12:00 noon until 1:15 p.m.
Sincerely,
Dana W. Todd

November 26, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


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Dear Chairman Leach:
On behalf of the South Carolina Junior Golf Foundation, Willy's and The Blue Marlin, the Members of the House of Representatives are invited to a reception. This event will be held at Willy's and The Blue Marlin on Wednesday, April 24, 2003, from 6:00 p.m. until 8:00 p.m.
Sincerely,
Tim Kregger, SC Junior Golf Foundation
Bill Dukes, Willy's and The Blue Marlin

November 26, 2002
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of the South Carolina Association of Municipal Power Systems the Members of the House of Representatives are invited to a reception. This event will be held at Seawell's Restaurant on Wednesday, April 30, 2003, from 6:00 p.m. until 8:00 p.m.
Sincerely,
Jimmy Bagley
City of Rock Hill
President

REPORTS OF STANDING COMMITTEES

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report with amendments on:

H. 3320 (Word version) -- Reps. Viers, Barfield, Edge, Hayes, Keegan, Witherspoon and Clemmons: A CONCURRENT RESOLUTION TO EXPRESS THE COLLECTIVE BELIEF AND DESIRE OF THE MEMBERS OF THE GENERAL ASSEMBLY THAT THE NEXT MAJOR HIGHWAY PROJECT OF THE DEPARTMENT OF TRANSPORTATION SHOULD BE ONE THAT PROVIDES HORRY COUNTY WITH ACCESS TO THE INTERSTATE SYSTEM.
Ordered for consideration tomorrow.


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

H. 3418 (Word version) -- Reps. Townsend and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 23, TITLE 59 SO AS TO FURTHER PROVIDE FOR APPLICABLE STANDARDS, WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY, AND TO REQUIRE THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY TO BE INSPECTED BY THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE BEFORE OCCUPANCY AND A CERTIFICATE OF OCCUPANCY OBTAINED FROM THE SUPERINTENDENT; AND TO REPEAL ARTICLE 1, CHAPTER 23, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 66 (Word version) -- Senators Knotts, Setzler and Moore: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF U.S. HIGHWAY 1 THAT RUNS FROM INTERSTATE 20 TO THE OAK GROVE AREA IN LEXINGTON COUNTY IN HONOR OF THE LATE F. W. "BILLY" CAUGHMAN FOR HIS COMMUNITY, CIVIC, AND POLITICAL IMPACT ON THE CITY OF LEXINGTON AND LEXINGTON COUNTY AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER MR. CAUGHMAN'S CONTRIBUTIONS TO THE COMMUNITY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


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CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 135 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME INTERSTATE 385 IN LAURENS COUNTY AS THE "VETERANS MEMORIAL HIGHWAY" IN HONOR AND MEMORY OF THE VETERANS OF LAURENS COUNTY FOR THEIR FAITHFUL SERVICE TO THIS STATE AND OUR NATION AND REQUEST THAT THE DEPARTMENT ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 456 (Word version) -- Senators Fair, Verdin, J. V. Smith, Anderson and Thomas: A CONCURRENT RESOLUTION TO CONGRATULATE LILLIE LEWIS OF GREENVILLE ON BEING NAMED MIDDLE SCHOOL PRINCIPAL OF THE YEAR BY THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, COMMEND HER FOR HER HARD WORK AND DEDICATION TO IMPROVING PUBLIC EDUCATION, AND WISH HER EVERY SUCCESS IN ALL OF HER FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 457 (Word version) -- Senators Patterson, Jackson, Giese and Courson: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE SC-277 PEDESTRIAN OVERPASS IN RICHLAND COUNTY AS THE "CONGRESSMAN JAMES E. CLYBURN PEDESTRIAN OVERPASS" FOR HIS ENORMOUS EFFORTS IN OBTAINING


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THE FUNDS FROM THE UNITED STATES CONGRESS NECESSARY TO BUILD THIS OVERPASS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 459 (Word version) -- Senators Hayes, Alexander, Anderson, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Holland, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. V. Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE APPRECIATION AND UNQUALIFIED SUPPORT OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA FOR THE THOUSANDS OF SOUTH CAROLINIANS PROUDLY SERVING IN THE NATIONAL GUARD AND RESERVE, AND RESPECTFULLY ACKNOWLEDGING THAT THEIR SELFLESS SERVICE IS ESSENTIAL TO THE STRENGTH AND SECURITY OF OUR NATION AND STATE.

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

HOUSE RESOLUTION

The following was introduced:

H. 3745 (Word version) -- Rep. Richardson: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND TO CELEBRATE A LIFE OF SERVICE UPON THE DEATH OF SHIRLEY "SAM" MCDONALD OF TEGA CAY WHO PASSED AWAY MONDAY, FEBRUARY 10, 2003, AND TO EXTEND DEEPEST SYMPATHY TO HER LOVING FAMILY AND MANY FRIENDS.

The Resolution was adopted.


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HOUSE RESOLUTION

The following was introduced:

H. 3746 (Word version) -- Rep. Townsend: A HOUSE RESOLUTION TO CONGRATULATE NEALS CREEK BAPTIST CHURCH OF ANDERSON UPON ITS CELEBRATION OF TWO HUNDRED YEARS OF DEDICATED SERVICE TO THE GLORY OF GOD, AND TO CHARGE THE CONGREGATION TO CONTINUE ITS FAITH AND HUMILITY IN THE YEARS TO COME.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3747 (Word version) -- Reps. Owens, Trotter, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MISS LAURIE JONES OF EASLEY ON RECEIVING THE 2003 PRUDENTIAL SPIRIT OF COMMUNITY AWARD FOR HER COMMITMENT TO GIVING HELP AND HOPE TO THE PEOPLE OF PICKENS COUNTY.

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


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CONCURRENT RESOLUTION

The following was introduced:

H. 3748 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO COMMEND WILLIAM F. MAHON OF COLUMBIA FOR HIS OUTSTANDING SERVICE AS CHIEF EXECUTIVE OFFICER OF THE SOUTH CAROLINA MEDICAL ASSOCIATION, CONGRATULATE HIM ON HIS MANY ACHIEVEMENTS ON BEHALF OF THE MEDICAL COMMUNITY AND ON RECEIVING THE MEDICAL EXECUTIVE ACHIEVEMENT AWARD, AND EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3753 (Word version) -- Rep. Battle: A CONCURRENT RESOLUTION TO EXPRESS THE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MRS. MARY LOIS GERALD OF DILLON FOR HER DEDICATED SERVICE AND FIRM COMMITMENT TO MARION COUNTY AND ITS CITIZENS BY ENSURING THE BETTERMENT OF THE COMMUNITY THROUGH HER LEADERSHIP IN MANY LOCAL SETTINGS, INCLUDING HER MEMBERSHIP ON THE MARION REGIONAL HOSPITAL SYSTEM'S BOARD OF TRUSTEES AND TO RECOGNIZE MRS. GERALD FOR THE ACCOMPLISHMENTS SHE HAS ENJOYED THROUGHOUT HER LIFE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3754 (Word version) -- Reps. Harrison, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport,


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Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE APPRECIATION AND UNQUALIFIED SUPPORT OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA FOR THE THOUSANDS OF SOUTH CAROLINIANS PROUDLY SERVING IN THE NATIONAL GUARD AND RESERVE, AND RESPECTFULLY ACKNOWLEDGING THAT THEIR SELFLESS SERVICE IS ESSENTIAL TO THE STRENGTH AND SECURITY OF OUR NATION AND STATE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3755 (Word version) -- Rep. Trotter: A CONCURRENT RESOLUTION TO CONGRATULATE THE PICKENS HIGH SCHOOL GIRLS VOLLEYBALL TEAM ON WINNING THEIR THIRD CONSECUTIVE CLASS AAA VOLLEYBALL STATE CHAMPIONSHIP, COMMEND THE PLAYERS, COACHES, AND STAFF OF THE PICKENS HIGH SCHOOL VARSITY GIRLS VOLLEYBALL TEAM FOR A SEASON OF SPIRITED COMPETITION AND TREMENDOUS SUCCESS, AND WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.

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


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CONCURRENT RESOLUTION

The following was introduced:

H. 3756 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO RECOGNIZE THE EXTREME SKILLS AND DETERMINATION OF MR. JAKE HOBGOOD OF WINNSBORO AND TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. HOBGOOD ON HIS MANY RACING ACHIEVEMENTS, INCLUDING HIS MOST RECENT ACCOMPLISHMENT OF RECEIVING THE GOODYEAR TIRE AWARD FOR THE NASCAR GOODY'S DASH SERIES CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3757 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO RECOGNIZE THE AMAZING RACING TALENT OF MR. JUSTIN HOBGOOD OF WINNSBORO AND TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. HOBGOOD ON HIS NASCAR GOODY'S DASH SERIES ACHIEVEMENTS.

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

INTRODUCTION OF BILLS

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

H. 3758 (Word version) -- Rep. Wilkins: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL AND PERSONAL PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO REVISE THE DEBTOR'S INTEREST IN A MOTOR VEHICLE SO THE AMOUNT TRACKS THE EXEMPTED AMOUNT IN FEDERAL LAW.
Referred to Committee on Ways and Means


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H. 3759 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 7-15-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM OF THE APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO DELETE THE REQUIREMENT THAT THE APPLICATION CONTAIN THE APPLICANT'S SOCIAL SECURITY NUMBER.
Referred to Committee on Judiciary

H. 3760 (Word version) -- Reps. Haskins, Davenport, Leach and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-95 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS ESTABLISHMENT SELLING GASOLINE OR OTHER MOTOR FUELS AND WHICH POSSESSES A PERMIT TO SELL BEER AND WINE TO SELL REFRIGERATED OR CHILLED BEER AND WINE, TO SELL INDIVIDUAL CANS OR BOTTLES OF BEER, TO SELL MORE THAN ONE CONTAINER OF MULTIPLE BEERS TO A CUSTOMER AT ONE TIME.
Referred to Committee on Judiciary

H. 3761 (Word version) -- Reps. Loftis, Barfield, Coates, Davenport, Gilham, Hamilton, Leach, Merrill, Pinson, M. A. Pitts, Rice, Simrill, Stille, Toole, Trotter and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-285 SO AS TO PROVIDE TEACHERS CONSISTENT WITH THE LOCAL BOARD POLICY HAVE THE AUTHORITY TO MANAGE THEIR CLASSROOMS, DISCIPLINE STUDENTS, AND REFER STUDENTS TO THE PRINCIPAL IN ORDER TO MAINTAIN DISCIPLINE IN THE CLASSROOM, TO PROVIDE THAT A TEACHER SHALL FILE A REPORT WITH THE PRINCIPAL CONCERNING STUDENTS WHO EXHIBIT BEHAVIOR WHICH SUBSTANTIALLY INTERFERES WITH THE TEACHER'S ABILITY TO TEACH OR WITH THE ABILITY OF THE STUDENT'S CLASSMATES TO LEARN, AND TO PROVIDE FOR THE MANNER IN WHICH THE PRINCIPAL SHALL DEAL WITH THIS REPORT; AND BY ADDING SECTION 59-63-295 SO AS TO PROVIDE THAT A TEACHER MAY OBJECT TO A DISRUPTIVE STUDENT RETURNING TO THE CLASSROOM IF A REPORT REFERENCED ABOVE PREVIOUSLY HAS BEEN FILED WITH THE PRINCIPAL, AND TO PROVIDE FOR


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FURTHER PROCEDURES TO BE FOLLOWED AND SANCTIONS WHICH MAY BE IMPOSED AGAINST SUCH A STUDENT.
Referred to Committee on Education and Public Works

H. 3762 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS CONVICTED OF AN OFFENSE WHO ARE IN THE CUSTODY OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT A TRIAL JUDGE MAY CHOOSE TO NOT RECEIVE NOTIFICATION OF THE PENDING RELEASE OF CERTAIN INMATES ON WORK RELEASE.
Referred to Committee on Judiciary

H. 3763 (Word version) -- Reps. Sheheen, J. E. Smith, Cobb-Hunter, Ott, McLeod, Whipper, Battle, Branham, Breeland, G. Brown, R. Brown, Emory, Freeman, Gourdine, Harvin, Hayes, Howard, Jennings, Kennedy, Lee, Lourie, Mack, Miller, J. M. Neal, Neilson, Parks, Rhoad, Rivers, Snow and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-85 SO AS TO REQUIRE THE GOVERNOR'S ANNUAL STATE BUDGET RECOMMENDATION AND THE REPORTS OF THE HOUSE COMMITTEE ON WAYS AND MEANS AND THE SENATE FINANCE COMMITTEE ON THE ANNUAL GENERAL APPROPRIATIONS ACT TO BE IN A PROGRAMMATIC FORMAT BY PROVIDING A NARRATIVE DESCRIPTION OF EACH SEPARATE PROGRAM ADMINISTERED BY A STATE AGENCY AND PROVIDING THE ELEMENTS THAT MUST BE INCLUDED IN THE NARRATIVE; TO REQUIRE THE BUDGET RECOMMENDATION FOR AN AGENCY TO INCLUDE AN OVERALL BUDGET RECOMMENDATION BY BUDGET CATEGORY AND A SIMILAR RECOMMENDATION FOR EACH SEPARATE PROGRAM ADMINISTERED BY THE AGENCY AND THE SPECIFIC SOURCE OF FUNDS APPROPRIATED FOR THE AGENCY.
Referred to Committee on Ways and Means

H. 3764 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CONTROLLED


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SUBSTANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2757, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 3768 (Word version) -- Reps. Rice, Clemmons and Edge: A BILL TO ENACT THE "SOUTH CAROLINA HEALTH AND HUMAN SERVICES REORGANIZATION AND ACCOUNTABILITY ACT OF 2003"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 30, TITLE 1 SO AS TO ESTABLISH THE OFFICE OF CHILDREN'S SERVICES WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TO TRANSFER TO THIS OFFICE THE CHILDREN'S CASE RESOLUTION SYSTEM, CERTAIN SECTIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, CERTAIN SECTIONS OF THE DEPARTMENT OF SOCIAL SERVICES RESPONSIBLE FOR LICENSING AND MONITORING OUT-OF-HOME PLACEMENTS FOR CHILDREN, AND CERTAIN SECTIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RESPONSIBLE FOR LICENSING RESIDENTIAL TREATMENT FACILITIES AND OTHER OUT-OF-HOME PLACEMENT; TO ESTABLISH THE OFFICE OF ALCOHOL AND OTHER DRUG ABUSE SERVICES WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TO TRANSFER TO THIS OFFICE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, INPATIENT ALCOHOL AND DRUG SERVICES FROM THE DEPARTMENT OF MENTAL HEALTH, AND CERTAIN ALCOHOL AND DRUG TREATMENT FACILITIES OPERATED BY THE STATE AGENCY OF VOCATIONAL REHABILITATION UPON APPROVAL OF A PLAN; TO TRANSFER THOSE SECTIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN RESPONSIBLE FOR CLIENT AND FAMILY SERVICES TO THE DEPARTMENT OF MENTAL HEALTH; TO TRANSFER THE SOUTH CAROLINA COMMISSION FOR THE BLIND TO THE STATE AGENCY OF VOCATIONAL REHABILITATION; TO ABOLISH THE BOARD OF THE COMMISSION FOR THE BLIND AND TO TRANSFER ITS DUTIES TO THE STATE AGENCY FOR VOCATIONAL REHABILITATION; TO ABOLISH THE SOUTH CAROLINA MENTAL HEALTH COMMISSION AND TO TRANSFER ITS


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DUTIES TO THE DEPARTMENT OF MENTAL HEALTH; AND TO PROVIDE TRANSFER AND TRANSITION PROVISIONS; TO ADD ARTICLE 5 TO CHAPTER 30, TITLE 1 SO AS TO ESTABLISH THE DEPARTMENT OF INFORMATION TECHNOLOGY FOR HEALTH AND HUMAN SERVICES AGENCIES AND TO PROVIDE FOR ITS POWERS AND DUTIES, INCLUDING THE MANAGEMENT AND ADMINISTRATION FOR ALL INFORMATION TECHNOLOGIES ASSOCIATED WITH THESE AGENCIES AND THE APPROVAL OF INFORMATION TECHNOLOGIES EXPENDITURES; TO ADD CHAPTER 64 TO TITLE 2 SO AS TO ESTABLISH THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE AND TO PROVIDE FOR ITS MEMBERSHIP, FUNCTIONS, DUTIES, AND RESPONSIBILITIES INCLUDING, AMONG OTHER THINGS, TO APPROVE REORGANIZATION PLANS AND TO REVIEW THE STATE MEDICAID PLAN; TO ADD ARTICLE 8 TO CHAPTER 6, TITLE 44 SO AS TO ESTABLISH THE STATE OFFICE OF MEDICAID AND HEALTH CARE AUDITS FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO PROVIDE THAT THE AUDIT DIRECTOR MUST BE APPOINTED BY AND UNDER THE DIRECTION OF THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE, AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE AUDIT DIRECTOR, INCLUDING CONDUCTING AUDITS, PREVENTING WASTE, AND PROMOTING ACCOUNTABILITY; TO ADD SECTION 12-2-100 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO PROVIDE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ELECTRONIC ACCESS TO TAXPAYER INFORMATION TO USE IN DETERMINING MEDICAID ELIGIBILITY; TO ADD SECTION 44-6-105 SO AS TO REQUIRE THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE TO REVIEW CHANGES TO MEDICAID ELIGIBILITY REQUIREMENTS; TO ADD SECTION 44-6-108 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO REPORT TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE ON MEDICAID BENEFICIARIES NOT MAKING REQUIRED PAYMENTS; TO ADD SECTION 38-71-270 SO AS TO REQUIRE HEALTH INSURERS TO PROVIDE NAMES AND IDENTIFYING INFORMATION ON THEIR INSUREDS TO BE

Printed Page 1440 . . . . . Tuesday, March 11, 2003

USED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES IN DETERMINING MEDICAID ELIGIBILITY; TO ADD SECTION 44-6-75 SO AS TO PROVIDE FOR A MEDICAID COST CONTAINMENT ACTION PLAN FOR THE PROJECTED EXPENDITURES FOR THE STATE MEDICAID PROGRAM FOR THE NEXT FISCAL YEAR AND TO PROVIDE FOR THE CONTENTS OF THE PLAN AND FOR ALTERNATIVE MEASURES WHEN REVENUE IS NOT SUFFICIENT TO ADEQUATELY FUND THE MEDICAID PROGRAM; TO ADD SECTION 44-6-120 SO AS TO ESTABLISH THE SOUTH CAROLINA MEDICAID MANDATORY MANAGED CARE PILOT PROGRAM TO BE IMPLEMENTED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES IN CHARLESTON, FLORENCE, GREENVILLE, HORRY, AND RICHLAND COUNTIES, AND IN ONE RURAL COUNTY TO BE DESIGNATED BY THE DEPARTMENT, FOR FIVE YEARS TO ENROLL MEDICAID RECIPIENTS IN A HEALTH MAINTENANCE ORGANIZATION OR WITH PRIMARY CARE CASE MANAGEMENT PROVIDERS AND TO INCLUDE PROVISIONS TO ENSURE COMPETITION, ACCOUNTABILITY, AND ACTUARIAL SOUNDNESS; TO ADD SECTION 44-6-125 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO IMPLEMENT A PILOT PROJECT TO EVALUATE THE VIABILITY OF PRIVATIZING THE MEDICAID ELIGIBILITY PROCESS; TO ESTABLISH THE TASK FORCE ON EMERGENCY ROOM DIVERSION TO STUDY INAPPROPRIATE EMERGENCY ROOM USE AND TO MAKE RECOMMENDATIONS TO REDUCE SUCH USE; TO ADD SECTION 44-7-75 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO CONTRACT FOR THE MANAGEMENT AND OPERATION OF CERTAIN NURSING HOMES FORMERLY UNDER THE DEPARTMENT OF MENTAL HEALTH; TO ADD SECTION 12-21-625 SO AS TO IMPOSE A SURTAX ON CIGARETTES IN AN AMOUNT EQUAL TO 2.1 CENTS PER CIGARETTE, TO CREDIT THIS TAX TO THE MEDICAID SERVICES FUND, TO PROVIDE FOR THE USE OF THESE FUNDS, AND TO FURTHER PROVIDE THAT FIFTY PERCENT OF THESE FUNDS MUST BE USED TO OFFSET REDUCTIONS IN OTHER STATE-IMPOSED TAXES AND FEES INCLUDING, BUT NOT LIMITED TO, OFFSETTING REDUCTIONS IN STATE INDIVIDUAL INCOME TAXES; TO

Printed Page 1441 . . . . . Tuesday, March 11, 2003

REQUIRE THE DIRECTOR OF THE LEGISLATIVE AUDIT COUNCIL TO EMPLOY AUDITORS NECESSARY TO PERFORM AUDITS ON DEPARTMENTS AFFECTED IN THIS ACT; AND TO ADD SUBARTICLES 2, 3, AND 4 TO ARTICLE 5, CHAPTER 21, TITLE 12 SO AS TO PROVIDE FOR TAX STAMPS ON CIGARETTE PACKAGES AS INDICIA OF TAX PAYMENT, TO PROVIDE FOR ADMINISTRATIVE FINES AND FORFEITURE OF CIGARETTES FOR DEFRAUDING THE STATE OR OTHERWISE FAILING TO COMPLY WITH THE SUBARTICLE, AND TO PROVIDE FOR CRIMINAL PENALTIES INCLUDING FINES, IMPRISONMENT, LICENSE REVOCATION, AND FORFEITURE FOR DEALING IN COUNTERFEIT CIGARETTES; TO PROVIDE PROCEDURES TO PREVENT VIOLATIONS AND ASSIST ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT AND ADD SAFEGUARDS TO THE COMPLIANCE WITH THE MASTER SETTLEMENT AGREEMENT, INCLUDING CERTIFIED REPORTING REQUIREMENTS FOR PARTICIPATING AND NONPARTICIPATING MANUFACTURERS, PRODUCTION OF A WEBSITE FOR PUBLIC ACCESS TO NAMES AND BRAND FAMILIES OF MANUFACTURERS MEETING THE CERTIFICATION CRITERIA, PROHIBITION OF THE APPLICATION OF TAX STAMPS TO A PRODUCT WHOSE BRAND FAMILY DOES NOT APPEAR ON THE LIST, REQUIREMENT OF SALES REPORTS BY BRAND FAMILY, PROVISION OF LICENSE REVOCATION, FINES, INJUNCTIVE RELIEF, AND FORFEITURE FOR NONCOMPLIANCE, AND MAKING NONCOMPLIANCE AN UNFAIR AND DECEPTIVE TRADE PRACTICE; TO REGULATE THE DELIVERY SALES OF CIGARETTES BY PROVIDING AGE VERIFICATION, DISCLOSURE, SHIPPING, REGISTRATION, REPORTING, AND TAX COLLECTION REQUIREMENTS IN CONNECTION WITH A CIGARETTE SALE TO A CONSUMER AS THE RESULT OF A TELECOMMUNICATED ORDER OR DELIVERY BY THE MAILS OR OTHER DELIVERY SERVICE, AND TO PROVIDE FOR FINES AND INJUNCTIVE RELIEF FOR NONCOMPLIANCE; TO AMEND SECTION 12-21-2975, RELATING TO CONFISCATED PRODUCTS DONATED TO THE DEPARTMENT OF MENTAL HEALTH FOR PATIENT USE, SO AS TO DELETE CIGARETTES; TO DESIGNATE SECTIONS 1-30-10 THROUGH 1-30-120 AS ARTICLE 1, CHAPTER 30, TITLE 1 ENTITLED "DEPARTMENTS OF STATE GOVERNMENT" AND TO DESIGNATE SECTIONS

Printed Page 1442 . . . . . Tuesday, March 11, 2003

12-21-610 THROUGH 12-21-810 AS SUBARTICLE 1, ARTICLE 5, CHAPTER 21, TITLE 12; AND TO REPEAL SECTION 12-21-2870, RELATING TO CONFISCATION AND SALE OF UNSTAMPED CIGARETTES, AND SECTION 44-9-30, RELATING TO THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.
Referred to Committee on Ways and Means

H. 3769 (Word version) -- Reps. Stewart, Clark, Clyburn, Harrison, Perry, D. C. Smith and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-493 SO AS TO PROVIDE THAT A PERSON EMPLOYED AS A LAW ENFORCEMENT OFFICER WITH THE SAVANNAH RIVER SITE LAW ENFORCEMENT DEPARTMENT MAY ATTEND AND BE TRAINED AT THE DEPARTMENT OF PUBLIC SAFETY'S CRIMINAL JUSTICE ACADEMY DIVISION.
Referred to Committee on Judiciary

H. 3770 (Word version) -- Reps. Quinn and Wilkins: A BILL TO ENACT THE "SOUTH CAROLINA HEALTH AND HUMAN SERVICES REORGANIZATION AND ACCOUNTABILITY ACT OF 2003"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 30, TITLE 1 SO AS TO ESTABLISH THE OFFICE OF CHILDREN'S SERVICES WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TO TRANSFER TO THIS OFFICE THE CHILDREN'S CASE RESOLUTION SYSTEM, CERTAIN SECTIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, CERTAIN SECTIONS OF THE DEPARTMENT OF SOCIAL SERVICES RESPONSIBLE FOR LICENSING AND MONITORING OUT-OF-HOME PLACEMENTS FOR CHILDREN, AND CERTAIN SECTIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL RESPONSIBLE FOR LICENSING RESIDENTIAL TREATMENT FACILITIES AND OTHER OUT-OF-HOME PLACEMENT; TO ESTABLISH THE OFFICE OF ALCOHOL AND OTHER DRUG ABUSE SERVICES WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TO TRANSFER TO THIS OFFICE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, INPATIENT ALCOHOL AND DRUG SERVICES FROM THE DEPARTMENT OF MENTAL HEALTH, AND CERTAIN ALCOHOL AND DRUG TREATMENT FACILITIES


Printed Page 1443 . . . . . Tuesday, March 11, 2003

OPERATED BY THE STATE AGENCY OF VOCATIONAL REHABILITATION UPON APPROVAL OF A PLAN; TO TRANSFER THOSE SECTIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN RESPONSIBLE FOR CLIENT AND FAMILY SERVICES TO THE DEPARTMENT OF MENTAL HEALTH; TO TRANSFER THE SOUTH CAROLINA COMMISSION FOR THE BLIND TO THE STATE AGENCY OF VOCATIONAL REHABILITATION; TO ABOLISH THE BOARD OF THE COMMISSION FOR THE BLIND AND TO TRANSFER ITS DUTIES TO THE STATE AGENCY FOR VOCATIONAL REHABILITATION; TO ABOLISH THE SOUTH CAROLINA MENTAL HEALTH COMMISSION AND TO TRANSFER ITS DUTIES TO THE DEPARTMENT OF MENTAL HEALTH; AND TO PROVIDE TRANSFER AND TRANSITION PROVISIONS; TO ADD ARTICLE 5 TO CHAPTER 30, TITLE 1 SO AS TO ESTABLISH THE DEPARTMENT OF INFORMATION TECHNOLOGY FOR HEALTH AND HUMAN SERVICES AGENCIES AND TO PROVIDE FOR ITS POWERS AND DUTIES, INCLUDING THE MANAGEMENT AND ADMINISTRATION FOR ALL INFORMATION TECHNOLOGIES ASSOCIATED WITH THESE AGENCIES AND THE APPROVAL OF INFORMATION TECHNOLOGIES EXPENDITURES; TO ADD CHAPTER 64 TO TITLE 2 SO AS TO ESTABLISH THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE AND TO PROVIDE FOR ITS MEMBERSHIP, FUNCTIONS, DUTIES, AND RESPONSIBILITIES INCLUDING, AMONG OTHER THINGS, TO APPROVE REORGANIZATION PLANS AND TO REVIEW THE STATE MEDICAID PLAN; TO ADD ARTICLE 8 TO CHAPTER 6, TITLE 44 SO AS TO ESTABLISH THE STATE OFFICE OF MEDICAID AND HEALTH CARE AUDITS FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO PROVIDE THAT THE AUDIT DIRECTOR MUST BE APPOINTED BY AND UNDER THE DIRECTION OF THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE, AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE AUDIT DIRECTOR, INCLUDING CONDUCTING AUDITS, PREVENTING WASTE, AND PROMOTING ACCOUNTABILITY; TO ADD SECTION 12-2-100 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO PROVIDE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ELECTRONIC ACCESS TO TAXPAYER

Printed Page 1444 . . . . . Tuesday, March 11, 2003

INFORMATION TO USE IN DETERMINING MEDICAID ELIGIBILITY; TO ADD SECTION 44-6-105 SO AS TO REQUIRE THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE TO REVIEW CHANGES TO MEDICAID ELIGIBILITY REQUIREMENTS; TO ADD SECTION 44-6-108 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO REPORT TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE ON MEDICAID BENEFICIARIES NOT MAKING REQUIRED PAYMENTS; TO ADD SECTION 38-71-270 SO AS TO REQUIRE HEALTH INSURERS TO PROVIDE NAMES AND IDENTIFYING INFORMATION ON THEIR INSUREDS TO BE USED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES IN DETERMINING MEDICAID ELIGIBILITY; TO ADD SECTION 44-6-75 SO AS TO PROVIDE FOR A MEDICAID COST CONTAINMENT ACTION PLAN FOR THE PROJECTED EXPENDITURES FOR THE STATE MEDICAID PROGRAM FOR THE NEXT FISCAL YEAR AND TO PROVIDE FOR THE CONTENTS OF THE PLAN AND FOR ALTERNATIVE MEASURES WHEN REVENUE IS NOT SUFFICIENT TO ADEQUATELY FUND THE MEDICAID PROGRAM; TO ADD SECTION 44-6-120 SO AS TO ESTABLISH THE SOUTH CAROLINA MEDICAID MANDATORY MANAGED CARE PILOT PROGRAM TO BE IMPLEMENTED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES IN CHARLESTON, FLORENCE, GREENVILLE, HORRY, AND RICHLAND COUNTIES, AND IN ONE RURAL COUNTY TO BE DESIGNATED BY THE DEPARTMENT, FOR FIVE YEARS TO ENROLL MEDICAID RECIPIENTS IN A HEALTH MAINTENANCE ORGANIZATION OR WITH PRIMARY CARE CASE MANAGEMENT PROVIDERS AND TO INCLUDE PROVISIONS TO ENSURE COMPETITION, ACCOUNTABILITY, AND ACTUARIAL SOUNDNESS; TO ADD SECTION 44-6-125 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO IMPLEMENT A PILOT PROJECT TO EVALUATE THE VIABILITY OF PRIVATIZING THE MEDICAID ELIGIBILITY PROCESS; TO ESTABLISH THE TASK FORCE ON EMERGENCY ROOM DIVERSION TO STUDY INAPPROPRIATE EMERGENCY ROOM USE AND TO MAKE RECOMMENDATIONS TO REDUCE SUCH USE; TO ADD SECTION 44-7-75 SO AS TO REQUIRE THE DEPARTMENT OF

Printed Page 1445 . . . . . Tuesday, March 11, 2003

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

Printed Page 1446 . . . . . Tuesday, March 11, 2003

AS TO DELETE CIGARETTES; TO DESIGNATE SECTIONS 1-30-10 THROUGH 1-30-120 AS ARTICLE 1, CHAPTER 30, TITLE 1 ENTITLED "DEPARTMENTS OF STATE GOVERNMENT" AND TO DESIGNATE SECTIONS 12-21-610 THROUGH 12-21-810 AS SUBARTICLE 1, ARTICLE 5, CHAPTER 21, TITLE 12; AND TO REPEAL SECTION 12-21-2870, RELATING TO CONFISCATION AND SALE OF UNSTAMPED CIGARETTES, AND SECTION 44-9-30, RELATING TO THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.
Referred to Committee on Ways and Means

S. 444 (Word version) -- Senators Matthews, Patterson and Ford: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 2002-2003 ONLY, ALL UNIVERSITIES' APPROPRIATED FUNDS TO BE USED TO SUPPORT BASIC AND APPLIED RESEARCH IN INFORMATION AND TECHNOLOGY OUTREACH OPPORTUNITIES FOR SOUTH CAROLINA'S RURAL AND URBAN CITIZENS MAY ALSO USE THESE FUNDS FOR INSTRUCTIONAL AND ESSENTIAL OPERATIONAL PURPOSES ONLY.
Referred to Committee on Ways and Means

S. 454 (Word version) -- Senators Hayes, Peeler and Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE FOUR SCHOOL DISTRICTS IN YORK COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICTS TO USE COMBINATIONS OF THESE AS APPROPRIATE FOR A PARTICULAR SCHOOL, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.
Referred to York Delegation


Printed Page 1447 . . . . . Tuesday, March 11, 2003

CONCURRENT RESOLUTION

The following was introduced:

H. 3765 (Word version) -- Reps. Ceips, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS SUPPORT FOR AND ADMIRATION OF THE BRAVE MEN AND WOMEN OF SOUTH CAROLINA SERVING IN THE UNITED STATES ARMED FORCES, INCLUDING THE NATIONAL GUARD AND RESERVES, AND TO WISH THEM GODSPEED IN THEIR DANGEROUS MISSIONS INVOLVING THE WAR ON TERRORISM AND IRAQ AND A SAFE RETURN FROM HARM'S WAY.

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

HOUSE RESOLUTION

The following was introduced:

H. 3766 (Word version) -- Reps. G. M. Smith, Weeks, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison,


Printed Page 1448 . . . . . Tuesday, March 11, 2003

Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE JIM KARVELAS OF SUMTER ON FORTY-EIGHT SUCCESSFUL YEARS IN THE RESTAURANT INDUSTRY, TO COMMEND HIM FOR HIS DEDICATED WORK ETHIC, AND TO EXTEND BEST WISHES TO HIM AND HIS FAMILY UPON HIS RETIREMENT.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3767 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO HONOR THE PHENOMENAL RACING KNOWLEDGE AND SKILLS OF MR. WILL HOBGOOD OF WINNSBORO AND TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. HOBGOOD ON HIS NUMEROUS ACCOMPLISHMENTS WITH THE NASCAR GOODY'S DASH SERIES AS A DRIVER, CAR OWNER, AND CREW MEMBER CHIEF.

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

HOUSE RESOLUTION

The following was introduced:

H. 3771 (Word version) -- Reps. McCraw, Phillips and Littlejohn: A CONCURRENT RESOLUTION TO CONGRATULATE THE GAFFNEY HIGH SCHOOL "INDIANS" BOYS' VARSITY


Printed Page 1449 . . . . . Tuesday, March 11, 2003

BASKETBALL TEAM ON COMPLETING THE SCHOOL'S FIRST UNDEFEATED SEASON AND WINNING THE 2003 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP, TO COMMEND THESE FINE ATHLETES AND THEIR COACHES FOR THE HARD WORK, TREMENDOUS SPIRIT, AND TEAMWORK THAT MOLDED THE GAFFNEY "INDIANS" INTO AN UNDEFEATED CHAMPIONSHIP TEAM, AND TO WISH THEM EVERY SUCCESS IN THEIR ACADEMIC AND ATHLETIC CAREERS AND IN ALL OF THEIR FUTURE ENDEAVORS.

The Resolution was adopted.

ROLL CALL

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

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Freeman                Frye                   Gilham
Gourdine               Govan                  Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
M. Hines               Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kirsh                  Koon
Leach                  Lee                    Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. M. Neal             Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice

Printed Page 1450 . . . . . Tuesday, March 11, 2003

Richardson             Sandifer               Scarborough
Scott                  Sheheen                Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
Weeks                  White                  Whitmire
Wilkins                Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 11.

H.B. "Chip" Limehouse             Joseph Neal
Jesse Hines                       Karl Allen
Denny Neilson                     Kenneth Kennedy
Seth Whipper                      Fletcher Smith
Becky Martin                      Todd Rutherford
Thayer Rivers                     Alex Harvin

Total Present--123

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Thomas E. Gibbons, Jr. of Columbia is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name


Printed Page 1451 . . . . . Tuesday, March 11, 2003

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. 3744 (Word version)
Date:   ADD:
03/11/03   BINGHAM

CO-SPONSOR ADDED

Bill Number:   H. 3586 (Word version)
Date:   ADD:
03/11/03   GILHAM

CO-SPONSOR ADDED

Bill Number:   H. 3744 (Word version)
Date:   ADD:
03/11/03   TOWNSEND

CO-SPONSOR ADDED

Bill Number:   H. 3744 (Word version)
Date:   ADD:
03/11/03   KENNEDY

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. 3749--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 3749--GENERAL APPROPRIATION BILL

MOTION ADOPTED

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


Printed Page 1452 . . . . . Tuesday, March 11, 2003

MOTION ADOPTED

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

STATEMENT BY REP. HARRELL

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

Rep. J. E. SMITH moved to recommit the Bill to the Committee on Ways and Means.

Rep. HARRELL moved to table the motion.

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

Yeas 70; Nays 35

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Cooper
Cotty                  Dantzler               Davenport
Delleney               Edge                   Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Huggins
Keegan                 Kirsh                  Koon
Leach                  Littlejohn             Lucas
Mahaffey               McGee                  Merrill
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            W. D. Smith            Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White

Printed Page 1453 . . . . . Tuesday, March 11, 2003

Whitmire               Wilkins                Witherspoon
Young

Total--70

Those who voted in the negative are:

Anthony                Bales                  Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cobb-Hunter
Coleman                Emory                  Freeman
Gourdine               Govan                  Hayes
M. Hines               Hosey                  Howard
Jennings               Lee                    Lloyd
Lourie                 Mack                   McLeod
Miller                 Moody-Lawrence         J. M. Neal
Ott                    Phillips               Rhoad
Scott                  Sheheen                J. E. Smith
Snow                   Weeks

Total--35

So, the motion to recommit the Bill was tabled.

PART IA

SECTION 2

Section 2 was adopted.

SECTION 5B

Section 5B was adopted.

SECTION 5N

Section 5N was adopted.

SECTION 12

Section 12 was adopted.

SECTION 15

Section 15 was adopted.


Printed Page 1454 . . . . . Tuesday, March 11, 2003

SECTION 18

Section 18 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 25

Section 25 was adopted.

SECTION 28

Section 28 was adopted.

SECTION 29

Section 29 was adopted.

SECTION 30

Section 30 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 38

Section 38 was adopted.

SECTION 42

Section 42 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 46

Section 46 was adopted.

SECTION 47

Section 47 was adopted.


Printed Page 1455 . . . . . Tuesday, March 11, 2003

SECTION 48

Section 48 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 51

Section 51 was adopted.

SECTION 53A

Section 53A was adopted.

SECTION 53B

Section 53B was adopted.

SECTION 54A

Section 54A was adopted.

SECTION 54C

Section 54C was adopted.

SECTION 54D

Section 54D was adopted.

SECTION 54E

Section 54E was adopted.

SECTION 55

Section 55 was adopted.

SECTION 56A

Section 56A was adopted.

SECTION 56B

Section 56B was adopted.

SECTION 56C

Section 56C was adopted.


Printed Page 1456 . . . . . Tuesday, March 11, 2003

SECTION 56D

Section 56D was adopted.

SECTION 57

Section 57 was adopted.

SECTION 59

Section 59 was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61

Section 61 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 63

Section 63 was adopted.

SECTION 65

Section 65 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 69C

Section 69C was adopted.

PART IB

SECTION 1--AMENDED AND DEBATE ADJOURNED

Rep. KIRSH proposed the following Amendment No. 14 (Doc Name h:\legwork\house\amend\h-wm\004\coker.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 338, paragraph 8, line 27 through 29, by striking:/Of the general fund appropriation to the Governor's School for Science and Mathematics, $30,000 must be used


Printed Page 1457 . . . . . Tuesday, March 11, 2003

to provide for library and facilities improvements at Coker College that will be of benefit both to the college and the school./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. BATTLE proposed the following Amendment No. 12 (Doc Name h:\legwork\house\amend\h-wm\004\teachspecgf.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 346, paragraph 43, line 3 through 5, by striking /are limited to three years of service with the program unless the specialist submits application for a fourth year and that application is accepted by the State Department of Education and placement is made. Upon acceptance and placement, the specialist can receive the salary and supplement for one additional year,/ and inserting /are limited to three years of service with the program unless the specialist submits application for an extension and that application is accepted by the State Department of Education and placement is made. Upon acceptance and placement, the specialist can receive the salary and supplement for two additional years,/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. BATTLE proposed the following Amendment No. 33 (Doc Name h:\legwork\house\amend\h-wm\004\teachspecgf.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 346, paragraph 43, line 3 through 5, by striking /are limited to three years of service with the program unless the specialist submits application for a fourth year and that application is accepted by the State Department of Education and placement is made. Upon acceptance and placement, the specialist can receive the salary and supplement for one additional year,/ and inserting /are limited to three years of service with the program unless the specialist submits application for an extension and that application


Printed Page 1458 . . . . . Tuesday, March 11, 2003

is accepted by the State Department of Education and placement is made. Upon acceptance and placement, the specialist can receive the salary and supplement for two additional years,/
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. TOWNSEND and MCLEOD proposed the following Amendment No. 16 (Doc Name h:\legwork\house\amend\h-wm\004\pactdate.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 347, paragraph 54, line 26, by striking /2002-2003/ and inserting /2003-2004/
Renumber sections to conform.
Amend totals and titles to conform.

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

POINT OF ORDER

Rep. MILLER raised the Point of Order that Proviso 72.76 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS stated that in accordance with Rule 5.3 and previous House precedents, once the State receives federal funds they become state funds, therefore the amendment related to state appropriations. The Speaker therefore overruled the Point of Order.

Rep. COBB-HUNTER proposed the following Amendment No. 18 (Doc Name h:\legwork\house\amend\h-wm\004\cdcgrant.doc):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 350, paragraph 76, line 21 through 23, by striking:/the proviso in its entirety/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

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


Printed Page 1459 . . . . . Tuesday, March 11, 2003

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

SECTION 1A--AMENDED AND DEBATE ADJOURNED

Rep. BATTLE proposed the following Amendment No. 34 (Doc Name h:\legwork\house\amend\h-wm\004\teachspeceia.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1a, DEPARTMENT OF EDUCATION-EIA, page 359, paragraph 40, line 14 through 16, by striking /are limited to three years of service with the program unless the specialist submits application for a fourth year and that application is accepted by the State Department of Education and placement is made. Upon acceptance and placement, the specialist can receive the salary and supplement for one additional year,/ and inserting /are limited to three years of service with the program unless the specialist submits application for an extension and that application is accepted by the State Department of Education and placement is made. Upon acceptance and placement, the specialist can receive the salary and supplement for two additional years,/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BATTLE explained the amendment.

POINT OF ORDER

Rep. WALKER raised the Point of Order that Amendment No. 34 was out of order under Rule 5.3 in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 15 (Doc Name h:\legwork\house\amend\h-wm\004\mailrc.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 360, paragraph 46, line 16, by inserting:
/notwithstanding Section 59-18-930, the requirement to mail school and district report cards is suspended and report cards may be sent home with the students./


Printed Page 1460 . . . . . Tuesday, March 11, 2003

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

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

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

SECTION 2

Section 2 was adopted.

SECTION 4

Section 4 was adopted.

SECTION 5K

Section 5K was adopted.

SECTION 5M

Section 5M was adopted.

SECTION 6

Section 6 was adopted.

SPEAKER PRO TEMPORE IN CHAIR

SECTION 15

Section 15 was adopted.

SECTION 18

Section 18 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 23

Section 23 was adopted.


Printed Page 1461 . . . . . Tuesday, March 11, 2003

SECTION 24

Section 24 was adopted.

SECTION 25

Section 25 was adopted.

SPEAKER IN CHAIR

SECTION 37--DEBATE ADJOURNED

POINT OF ORDER

Rep. RICE raised the Point of Order that Proviso 37.30 was out of order under Rule 5.3 in that it was not germane to the Bill in that it did not relate to appropriations.
Rep. HARRELL argued contra.
The SPEAKER overruled the Point of Order.

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

SECTION 38--DEBATE ADJOURNED

Rep. G. M. SMITH proposed the following Amendment No. 89 (Doc Name h:\legwork\house\amend\council\nbd\amend\11356 djc03.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 38, DEPARTMENT OF PROBATION, PAROLE AND PARDON, page 425, by adding an appropriately numbered paragraph after paragraph 38.11, to read:
/ 38.__. (A) Notwithstanding another provision of law, the Department of Probation, Pardon and Parole Services must:

(1) publish a schedule of probation violation hearings to be held in each county not later than the fifteenth day of the month preceding the month the hearing is to be held. The schedule must be posted prominently at the county court house and in not less than three additional places frequented by the general public within the county, and must also be accessible to the public on the department's internet web page; and

(2) provide written notice of the date, time, and place of a probation violation hearing to the defendant and his attorney not less than ten days before the date set for the hearing. The written notice to


Printed Page 1462 . . . . . Tuesday, March 11, 2003

the defendant and his attorney must also contain a statement of the grounds upon which the department seeks revocation of the defendant's probation.

(B) A parole revocation hearing may not be held unless the department complies with this section and can show that a defendant and his attorney received not less than ten days written notice of the hearing as required by this section. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. G. M. SMITH explained the amendment.

POINT OF ORDER

Rep. HAYES raised the Point of Order that Amendment No. 89 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

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

SECTION 39--DEBATE ADJOURNED

POINT OF ORDER
PROVISO 39.12 RULED OUT OF ORDER

Rep. SHEHEEN raised the Point of Order that Proviso 39.12 was out of order under Rule 5.3 in that it was not germane to the Bill.
Rep. HARRELL argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled Proviso 39.12 out of order.

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

SECTION 40

Section 40 was adopted.

SECTION 41

Section 41 was adopted.


Printed Page 1463 . . . . . Tuesday, March 11, 2003

SECTION 42

Section 42 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 51

Section 51 was adopted.

SECTION 54

Section 54 was adopted.

SECTION 55

Section 55 was adopted.

SECTION 56DD--ADOPTED

Rep. HAMILTON proposed the following Amendment No. 73 (Doc Name h:\legwork\house\amend\h-wm\010\sexoffenderregistry.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 444, paragraph 33, lines 28-34, by striking the paragraph in its entirety which reads: /Each Sheriff is authorized to charge and collect an annual amount of one hundred dollars from each sex offender required to register by law. If such sex offender has been declared indigent by a court of competent jurisdiction the Clerk of Court of the county in which the offender must register and provides proof of the declaration at the time of registration, the fee will automatically be waived. If an offender is not


Printed Page 1464 . . . . . Tuesday, March 11, 2003

declared indigent and fails to pay the fee, he is officially declared unregistered. This fee shall be equally divided between the Sheriffs and the State Law Enforcement Division. Sheriffs shall remit the appropriate portion of these funds to SLED on a quarterly basis. These funds must be used to support the Statewide Sex Offender Registry./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HAMILTON explained the amendment.

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

Section 56DD was adopted.

SECTION 57--ADOPTED

Rep. COOPER explained the Section.

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Proviso 57.1 was out of order under Rule 5.3 in that it was not germane to the Bill.
Rep. HARRELL argued contra.
SPEAKER WILKINS overruled the Point of Order.

Section 57 was adopted.

SECTION 58

Section 58 was adopted.

SECTION 59

Section 59 was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61

Section 61 was adopted.


Printed Page 1465 . . . . . Tuesday, March 11, 2003

SECTION 62--AMENDED AND ADOPTED

Rep. COOPER proposed the following Amendment No. 98 (Doc Name h:\legwork\house\amend\h-wm\005\62election.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 62, ELECTION COMMISSION, page 452, paragraph 62.12, line 2-3, by striking:/as well as to vendors seeking certification and testing of voting systems./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 62, as amended, was adopted.

SECTION 63C

Section 63C was adopted.

SECTION 65

Section 65 was adopted.

SECTION 69A--ADOPTED

Rep. MCLEOD proposed the following Amendment No. 54 (Doc Name h:\legwork\house\amend\h-wm\005\69a.1exemptfroma-t-b.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 69A, AID TO SUBDIVISIONS - COMPTROLLER GENERAL, page 468, paragraph 1, line 5, by adding a sentence at the end to read:/These funds are exempted from mid-year across-the-board budget reductions. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MCLEOD explained the amendment.

Rep. COOPER spoke against the amendment.
Rep. HARRELL spoke against the amendment.
Rep. MCLEOD spoke in favor of the amendment.

Rep. HARRELL moved to table the amendment.


Printed Page 1466 . . . . . Tuesday, March 11, 2003

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

Yeas 67; Nays 48

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Coates                 Cooper                 Cotty
Dantzler               Davenport              Duncan
Edge                   Frye                   Gilham
Hagood                 Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Mahaffey
Martin                 McCraw                 Merrill
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Sandifer
Scarborough            Simrill                Sinclair
D. C. Smith            J. R. Smith            Stewart
Stille                 Talley                 Taylor
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--67

Those who voted in the negative are:

Anthony                Bailey                 Bales
Bowers                 Branham                Breeland
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Delleney
Emory                  Freeman                Gourdine
Govan                  Hayes                  M. Hines
Hosey                  Howard                 Jennings
Kennedy                Lee                    Lloyd
Lourie                 Lucas                  Mack

Printed Page 1467 . . . . . Tuesday, March 11, 2003

McGee                  McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Phillips               Rhoad                  Rutherford
Scott                  Sheheen                F. N. Smith
G. M. Smith            J. E. Smith            Snow
Thompson               Weeks                  Whipper

Total--48

So, the amendment was tabled.

Section 69A was adopted.

PART IA

SECTION 1--AMENDED AND INTERRUPTED DEBATE

Rep. MCLEOD proposed the following Amendment No. 111 (Doc Name h:\legwork\house\amend\h-wm\004\efawmc.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 5, line 9, opposite /modernize vocational equipment/ by increasing the amount(s) in Column 5 by:

Column 5   Column 6

2,100,000
Amend the bill further, as and if amended, page 6, line 15, opposite /teacher/principal specialists (eaa)/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

2,100,000
Amend the bill further, as and if amended, page 11, line 30, opposite /modernize vocational equipment/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

2,100,000   2,100,000
Amend the bill further, as and if amended, page 11, line 25, opposite /national board certification/ by decreasing the amount(s) in Columns 5 and 6 by:


Printed Page 1468 . . . . . Tuesday, March 11, 2003

Column 5   Column 6

11,800,000   11,800,000
Amend the bill further, as and if amended, page 11, line 14, opposite /aid schl dist-educ fin act/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

13,900,000   13,900,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MCLEOD explained the amendment.

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

Rep. HAYES proposed the following Amendment No. 75 (Doc Name h:\legwork\house\amend\h-wm\004\fundsupply.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, line 37, opposite /teacher supplies/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

10,000,000
Amend the bill further, as and if amended, page 7, line 35, opposite /national board certification/ by increasing the amount(s) in Column 5 by:

Column 5   Column 6

10,000,000
Amend the bill further, as and if amended, page 11, line 25, opposite /national board certification/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

10,000,000   10,000,000
Amend the bill further, as and if amended, page 11, line 14, opposite /aid schl dist-educ fin act/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

10,000,000   10,000,000
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1469 . . . . . Tuesday, March 11, 2003

Rep. HAYES explained the amendment.

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

Rep. KIRSH proposed the following Amendment No. 72 (Doc Name h:\legwork\house\amend\h-wm\004\survey.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, line 33, opposite /education oversight committee (a85)/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

150,000
Amend the bill further, as and if amended, page 6, line 18, opposite /report cards/ by increasing the amount(s) in Column 5 by:

Column 5   Column 6

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

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

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

Further proceedings were interrupted by the House receding, the pending question being consideration of Section 1, as amended, Part IA.

THE HOUSE RESUMES

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

ACTING SPEAKER J. R. SMITH IN CHAIR

POINT OF QUORUM

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

SPEAKER IN CHAIR


Printed Page 1470 . . . . . Tuesday, March 11, 2003

H. 3749--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Section 1, as amended, Part IA.

H. 3749--THE GENERAL APPROPRIATION BILL

SECTION 1--AMENDED AND ADOPTED

Rep. WALKER proposed the following Amendment No. 69 (Doc Name h:\legwork\house\amend\h-wm\004\supplyfund.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, line 37, opposite /teacher supplies/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

10,000,000
Amend the bill further, as and if amended, page 7, line 35, opposite /national board certification/ by increasing the amount(s) in Column 5 by:

Column 5   Column 6

10,000,000
Amend the bill further, as and if amended, page 11, line 25, opposite /national board certification/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

10,000,000   10,000,000
Amend the bill further, as and if amended, page 11, line 14, opposite /aid schl dist-educ fin act/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

10,000,000   10,000,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. WALKER explained the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. WALKER continued speaking.
Rep. WALKER spoke in favor of the amendment.
Rep. MOODY-LAWRENCE spoke against the amendment.


Printed Page 1471 . . . . . Tuesday, March 11, 2003

Rep. HAYES spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. J. H. NEAL spoke against the amendment.
Rep. J. H. NEAL spoke against the amendment.

SPEAKER IN CHAIR

Rep. J. E. SMITH spoke against the amendment.

Rep. J. E. SMITH moved to recommit the Bill to the Committee on Ways and Means.

Rep. HARRELL moved to table the motion.

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

Yeas 80; Nays 32

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Barfield               Bingham                J. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Huggins                Keegan
Kennedy                Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Lucas                  Mahaffey               Martin
McCraw                 McGee                  Merrill
J. H. Neal             Neilson                Owens
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            W. D. Smith            Stewart
Stille                 Talley                 Taylor

Printed Page 1472 . . . . . Tuesday, March 11, 2003

Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--80

Those who voted in the negative are:

Anthony                Bowers                 Branham
Breeland               G. Brown               R. Brown
Cobb-Hunter            Coleman                Emory
Freeman                Gourdine               Govan
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Lloyd
Lourie                 Mack                   McLeod
Miller                 Moody-Lawrence         J. M. Neal
Ott                    Parks                  Rhoad
Rivers                 Rutherford             Sheheen
J. E. Smith            Weeks

Total--32

So, the motion to recommit the Bill was tabled.

Rep. RHOAD spoke upon the amendment.

Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 60 to 18.

Reps. LUCAS and NEILSON proposed the following Amendment No. 175 (Doc Name h:\legwork\house\amend\h-wm\004\gssm2.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 5, line 9, opposite /modernize vocational equipment/ by increasing the amount(s) in Column 5 by:

Column 5   Column 6

150,000
Amend the bill further, as and if amended, page 6, line 26, opposite /academic assistance/ by decreasing the amount(s) in Column 5 by:


Printed Page 1473 . . . . . Tuesday, March 11, 2003

Column 5   Column 6

150,000
Amend the bill further, as and if amended, page 10, line 33, opposite /other operating expenses/ by increasing the amount(s) in Column 5 by:

Column 5   Column 6

150,000     150,000
Amend the bill further, as and if amended, page 11, line 30, opposite /modernize vocational equipment/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

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

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

Rep. J. E. SMITH proposed the following Amendment No. 42 (Doc Name council\ggs\amend\22931htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 13, line 34, opposite / S. C. First Steps / by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

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

Rep. J. E. SMITH explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 71; Nays 44

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clemmons               Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan

Printed Page 1474 . . . . . Tuesday, March 11, 2003

Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Herbkersman            Hinson
Huggins                Keegan                 Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  McCraw
McGee                  Merrill                Neilson
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            W. D. Smith            Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--71

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Clark                  Clyburn
Cobb-Hunter            Coleman                Emory
Freeman                Gourdine               Govan
Hayes                  J. Hines               Hosey
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Mack
Mahaffey               McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Parks                  Phillips               Rhoad
Rivers                 Rutherford             Scott
Sheheen                J. E. Smith            Snow
Weeks                  Whipper

Total--44


Printed Page 1475 . . . . . Tuesday, March 11, 2003

So, the amendment was tabled.

Rep. WALKER moved to adjourn debate on the section.

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

Section 1, as amended, was adopted.

SECTION 1AA--AMENDED AND ADOPTED

Rep. HARRELL proposed the following Amendment No. 3 (Doc Name h:\legwork\house\amend\h-wm\002\$1mlottery2.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 15, lines 2-3, opposite /Lottery Expenditure Account (nr) / by increasing the amount(s) in Column 5 by:

Column 5   Column 6

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

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

Section 1AA, as amended, was adopted.

SECTION 3--ADOPTED

Reps. PARKS, PINSON and M. A. PITTS proposed the following Amendment No. 27 (Doc Name h:\legwork\house\amend\h-wm\004\scdb1.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 3, SCHOOL FOR THE DEAF AND THE BLIND, page 23, line 8, opposite /other operating expenses/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

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


Printed Page 1476 . . . . . Tuesday, March 11, 2003

Rep. PARKS explained the amendment.

LEAVE OF ABSENCE

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

Rep. PARKS continued speaking.

Rep. HARRELL moved to table the amendment.

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

Yeas 81; Nays 25

Those who voted in the affirmative are:

Allen                  Altman                 Bailey
Barfield               Battle                 Bingham
Branham                Cato                   Ceips
Chellis                Clark                  Clyburn
Coates                 Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Gilham                 Gourdine
Govan                  Hagood                 Hamilton
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Huggins
Jennings               Keegan                 Kirsh
Koon                   Leach                  Lee
Limehouse              Littlejohn             Lourie
Lucas                  Mahaffey               McCraw
McGee                  Merrill                Moody-Lawrence
J. M. Neal             Owens                  Perry
Phillips               E. H. Pitts            Quinn
Rice                   Richardson             Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Thompson               Toole
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker

Printed Page 1477 . . . . . Tuesday, March 11, 2003

Weeks                  White                  Whitmire
Wilkins                Witherspoon            Young

Total--81

Those who voted in the negative are:

Anthony                Bowers                 Breeland
G. Brown               J. Brown               R. Brown
Cobb-Hunter            Freeman                J. Hines
Hosey                  Kennedy                Lloyd
Mack                   McLeod                 J. H. Neal
Parks                  Pinson                 M. A. Pitts
Rutherford             Scott                  Sheheen
Snow                   Stille                 Taylor
Whipper

Total--25

So, the amendment was tabled.

Section 3 was adopted.

SECTION 4--ADOPTED

Reps. PARKS, PINSON and M. A. PITTS proposed the following Amendment No. 30 (Doc Name h:\legwork\house\amend\h-wm\004\jdlh1.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 4, JOHN DE LA HOWE SCHOOL, page 24, line 33, opposite /classified positions/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

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

Rep. PARKS explained the amendment.

Rep. HARRELL moved to table the amendment.


Printed Page 1478 . . . . . Tuesday, March 11, 2003

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

Yeas 62; Nays 45

Those who voted in the affirmative are:

Allen                  Altman                 Bailey
Barfield               Battle                 Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Edge
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Lee                    Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
McCraw                 Merrill                Owens
Perry                  Phillips               Quinn
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            J. R. Smith            Stewart
Talley                 Toole                  Tripp
Trotter                Umphlett               Vaughn
Viers                  Whitmire               Wilkins
Witherspoon            Young

Total--62

Those who voted in the negative are:

Anthony                Bales                  Bowers
Branham                Breeland               J. Brown
Clyburn                Cobb-Hunter            Duncan
Emory                  Freeman                Govan
J. Hines               Hosey                  Howard
Jennings               Lloyd                  Lourie
Mack                   Martin                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Ott                    Parks
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rivers                 Rutherford

Printed Page 1479 . . . . . Tuesday, March 11, 2003

Scott                  Sheheen                G. M. Smith
J. E. Smith            Snow                   Stille
Taylor                 Thompson               Walker
Weeks                  Whipper                White

Total--45

So, the amendment was tabled.

Reps. PARKS, PINSON and M. A. PITTS proposed the following Amendment No. 31 (Doc Name h:\legwork\house\amend\h-wm\004\jdlh2.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 4, JOHN DE LA HOWE SCHOOL, page 24, line 33, opposite /classified positions/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

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

Rep. PARKS explained the amendment.

Rep. TROTTER moved to table the amendment.

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

Yeas 59; Nays 55

Those who voted in the affirmative are:

Barfield               Battle                 Bingham
Cato                   Ceips                  Chellis
Clark                  Coates                 Cooper
Cotty                  Dantzler               Davenport
Delleney               Edge                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Lucas
Mahaffey               McCraw                 McGee
Merrill                Owens                  Perry

Printed Page 1480 . . . . . Tuesday, March 11, 2003

Phillips               Quinn                  Rice
Richardson             Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            J. R. Smith            Stewart
Talley                 Toole                  Tripp
Trotter                Umphlett               Vaughn
Viers                  Whitmire               Wilkins
Witherspoon            Young

Total--59

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Duncan                 Emory
Freeman                Gourdine               Govan
Hayes                  J. Hines               Hosey
Howard                 Jennings               Kennedy
Lee                    Lloyd                  Loftis
Lourie                 Mack                   Martin
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rivers                 Rutherford             Scott
Sheheen                G. M. Smith            J. E. Smith
Snow                   Stille                 Taylor
Thompson               Weeks                  Whipper
White

Total--55

So, the amendment was tabled.

Reps. PARKS, PINSON and M. A. PITTS proposed the following Amendment No. 32 (Doc Name h:\legwork\house\amend\h-wm\004\jdlh3.doc), which was tabled:


Printed Page 1481 . . . . . Tuesday, March 11, 2003

Amend the bill, as and if amended, Part IA, Section 4, JOHN DE LA HOWE SCHOOL, page 24, line 33, opposite /classified positions/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

50,000       50,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. PARKS explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 60; Nays 51

Those who voted in the affirmative are:

Barfield               Battle                 Bingham
Cato                   Ceips                  Chellis
Clemmons               Coates                 Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Haskins
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Littlejohn             Lucas                  Mahaffey
McCraw                 McGee                  Merrill
Neilson                Owens                  Perry
Quinn                  Rice                   Richardson
Sandifer               Scarborough            Simrill
Skelton                D. C. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Tripp
Trotter                Umphlett               Vaughn
Viers                  White                  Whitmire
Wilkins                Witherspoon            Young

Total--60


Printed Page 1482 . . . . . Tuesday, March 11, 2003

Those who voted in the negative are:
Allen                  Anthony                Bailey
Bales                  Bowers                 Branham
Breeland               J. Brown               R. Brown
Clark                  Clyburn                Cobb-Hunter
Coleman                Emory                  Freeman
Frye                   Gourdine               Govan
Hayes                  J. Hines               Hosey
Howard                 Kennedy                Lee
Lloyd                  Lourie                 Mack
Martin                 McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Ott                    Parks                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rivers                 Rutherford
Scott                  Sheheen                Sinclair
F. N. Smith            J. E. Smith            Snow
Stille                 Weeks                  Whipper

Total--51

So, the amendment was tabled.

Section 4 was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MCCRAW a leave of absence for the remainder of the day due to illness.

SECTION 5A--ADOPTED

Rep. STILLE proposed the following Amendment No. 38 (Doc Name h:\legwork\house\amend\council\nbd\11361htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5A, COMMISSION ON HIGHER EDUCATION, page 30, line 37, opposite /academic endowment/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

100,000     100,000


Printed Page 1483 . . . . . Tuesday, March 11, 2003

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

Rep. STILLE explained the amendment.

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

ACTING SPEAKER CATO IN CHAIR

Rep. KEEGAN continued speaking.

Rep. KEEGAN moved to table the amendment.

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

Yeas 85; Nays 24

Those who voted in the affirmative are:

Allen                  Altman                 Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Branham
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Cooper
Cotty                  Dantzler               Delleney
Edge                   Emory                  Frye
Gourdine               Hagood                 Harrell
Harrison               Haskins                Herbkersman
Hinson                 Hosey                  Howard
Huggins                Jennings               Keegan
Kirsh                  Koon                   Leach
Lee                    Limehouse              Lourie
Lucas                  Mack                   Mahaffey
McGee                  Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Perry                  E. H. Pitts            Quinn
Rhoad                  Richardson             Rivers
Sandifer               Scarborough            Sheheen
Simrill                Skelton                D. C. Smith

Printed Page 1484 . . . . . Tuesday, March 11, 2003

F. N. Smith            G. M. Smith            J. E. Smith
J. R. Smith            Stewart                Talley
Taylor                 Toole                  Tripp
Trotter                Umphlett               Vaughn
Viers                  Weeks                  Whipper
Whitmire               Wilkins                Witherspoon
Young

Total--85

Those who voted in the negative are:

Anthony                Coleman                Davenport
Duncan                 Freeman                Gilham
Hamilton               Hayes                  Kennedy
Loftis                 Martin                 Merrill
Owens                  Parks                  Pinson
M. A. Pitts            Rice                   Rutherford
Sinclair               Stille                 Thompson
Townsend               Walker                 White

Total--24

So, the amendment was tabled.

Section 5A was adopted.

SECTION 5C--ADOPTED

Rep. STILLE proposed the following Amendment No. 145 (Doc Name h:\legwork\house\amend\council\nbd\11360htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5C, THE CITADEL, page 33, line 6, opposite /classified positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

500,000     500,000

(20)         (20)
Amend the bill further, as and if amended, page 33, line 8, opposite /unclassified positions/ by decreasing the amount(s) in Columns 5 and 6 by:


Printed Page 1485 . . . . . Tuesday, March 11, 2003

Column 5   Column 6

530,000     530,000

(10)         (10)
Amend the bill further, as and if amended, page 34, line 8, opposite /employee contributions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

220,000     220,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. STILLE explained the amendment.

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

Section 5C was adopted.

SECTION 5D--ADOPTED

Rep. STILLE proposed the following Amendment No. 146 (Doc Name h:\legwork\house\amend\council\nbd\11359htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5D, CLEMSON UNIVERSITY (EDUCATIONAL & GENERAL), page 35, line 6, opposite /classified positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

4,800,000   4,800,000

(100)       (100)
Amend the bill further, as and if amended, page 35, line 29, opposite /unclassified positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

5,900,000   5,900,000

(75)         (75)
Amend the bill further, as and if amended, page 37, line 29, opposite /employer contributions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

1,200,000   1,200,000


Printed Page 1486 . . . . . Tuesday, March 11, 2003

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

Rep. STILLE explained the amendment.

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

Section 5D was adopted.

SECTION 5E--ADOPTED

Rep. STILLE proposed the following Amendment No. 188 (Doc Name h:\legwork\house\amend\council\nbd\11358htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5E, UNIVERSITY OF CHARLESTON, page 39, line 5, opposite /classified positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

600,000     600,000

(20)         (20)
Amend the bill further, as and if amended, page 39, line 3, opposite /unclassified positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

650,000     650,000

(10)         (10)
Amend the bill further, as and if amended, page 40, line 15, opposite /employer contributions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

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

Rep. STILLE explained the amendment.

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

Section 5E was adopted.


Printed Page 1487 . . . . . Tuesday, March 11, 2003

SECTION 5F--ADOPTED

Rep. STILLE proposed the following Amendment No. 189 (Doc Name h:\legwork\house\amend\council\dka\3324htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5F, COASTAL CAROLINA UNIVERSITY, page 41, line 6, opposite /CLASSIFIED POSITIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

400,000     400,00

(12)         (12)
Amend the bill further, as and if amended, page 41, line 27, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

600,000     600,000

(12)         (12)
Amend the bill further, as and if amended, page 43, line 3, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

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

Rep. STILLE explained the amendment.

Rep. KEEGAN moved to table the amendment, which was agreed to by a division vote of 59 to 18.

Section 5F was adopted.

SECTION 5G--ADOPTED

Rep. STILLE proposed the following Amendment No. 190 (Doc Name h:\legwork\house\amend\council\bbm\9538sl03.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5G, FRANCIS MARION UNIVERSITY, page 44, line 6, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:


Printed Page 1488 . . . . . Tuesday, March 11, 2003

Column 5   Column 6

320,000     320,000

(15)         (15)
Amend further, page 44, line 8, opposite /Unclassified Positions/ by decreasing the amounts in Columns 5 and 6 by:

Column 5   Column 6

500,000     500,000

(10)         (10)
Amend further, page 45, line 14, opposite /Employer Contributions/ by decreasing the amounts in Columns 5 and 6 by:

Column 5   Column 6

180,000     180,000 /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. STILLE explained the amendment.

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

Section 5G was adopted.

SPEAKER IN CHAIR

SECTION 5H--ADOPTED

Rep. STILLE proposed the following Amendment No. 191 (Doc Name h:\legwork\house\amend\council\bbm\9539sl03.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5H, LANDER UNIVERSITY, page 46, line 5, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

300,000     300,00

(10)         (10)
Amend the bill further, as and if amended, page 46, line 7, opposite /Unclassified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

500,000     500,000

(10)         (10)


Printed Page 1489 . . . . . Tuesday, March 11, 2003

Amend the bill further, as and if amended, page 46, line 34, opposite /Employer Contributions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

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

Rep. STILLE explained the amendment.

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

Section 5H was adopted.

SECTION 5J--ADOPTED

Rep. STILLE proposed the following Amendment No. 192 (Doc Name h:\legwork\house\amend\council\bbm\9540sl03.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5J, SOUTH CAROLINA STATE UNIVERSITY, page 48, line 6, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

500,000     500,000

(20)         (20)
Amend the bill further, as and if amended, page 48, line 8, opposite /Unclassified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

850,000     850,000

(20)         (20)
Amend the bill further, as and if amended, page 49, line 16, opposite /Employer Contributions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

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

Rep. STILLE explained the amendment.


Printed Page 1490 . . . . . Tuesday, March 11, 2003

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

Section 5J was adopted.

SECTION 5KA--ADOPTED

Rep. STILLE proposed the following Amendment No. 193 (Doc Name h:\legwork\house\amend\council\dka\3325htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KA, UNIVERSITY OF SOUTH CAROLINA, page 50, line 6, opposite /CLASSIFIED POSITIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

4,000,000   4,000,000

(150)       (150)
Amend the bill further, as and if amended, page 50, line 8, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

9,000,000   9,000,000

(130)       (130)
Amend the bill further, as and if amended, page 52, line 18, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

2,500,000   2,500,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. STILLE explained the amendment.

Rep. KEEGAN moved to table the amendment.

The amendment was then tabled by a division vote of 47 to 16.

Section 5KA was adopted.


Printed Page 1491 . . . . . Tuesday, March 11, 2003

SECTION 5KB--ADOPTED

Rep. STILLE proposed the following Amendment No. 194 (Doc Name h:\legwork\house\amend\council\dka\3326htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KB, U.S.C. - AIKEN, page 53, line 4, opposite /CLASSIFIED POSITIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

300,000     300,00

(8)         (8)
Amend the bill further, as and if amended, page 53, line 6, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

500,000     500,000

(10)         (10)
Amend the bill further, as and if amended, page 54, line 7, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

200,000     200,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. STILLE explained the amendment.

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

Section 5KB was adopted.

SECTION 5KC--ADOPTED

Rep. STILLE proposed the following Amendment No. 195 (Doc Name h:\legwork\house\amend\council\dka\3327htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KC, U.S.C.-SPARTANBURG CAMPUS, page 55, line 4, opposite /CLASSIFIED POSITIONS/ by decreasing the amount(s) in Columns 5 and 6 by:


Printed Page 1492 . . . . . Tuesday, March 11, 2003

Column 5   Column 6

300,000     300,000

(8)         (8)
Amend the bill further, as and if amended, page 55, line 6, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

500,000     500,000

(10)         (10)
Amend the bill further, as and if amended, page 56, line 7, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

200,000     200,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. STILLE explained the amendment.

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

Section 5KC was adopted.

SECTION 5KD--ADOPTED

Rep. STILLE proposed the following Amendment No. 196 (Doc Name h:\legwork\house\amend\council\dka\3323htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KD, U.S.C.-BEAUFORT CAMPUS, page 57, line 6, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

100,000     100,000

(2)         (2)
Amend the bill further, as and if amended, page 58, line 4, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

50,000       50,000
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1493 . . . . . Tuesday, March 11, 2003

Rep. STILLE explained the amendment.

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

Section 5KD was adopted.

SECTION 5KE

Section 5KE was adopted.

SECTION 5KF--AMENDED AND ADOPTED

Rep. HOSEY proposed the following Amendment No. 56 (Doc Name h:\legwork\house\amend\h-wm\007\18thou_uscs_hos.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 5KF, U.S.C.-SALKEHATCHIE CAMPUS, page 61, line 14, opposite /Salkehatchie Leadership Center/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

18,000       18,000
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 5KF, as amended, was adopted.

SECTION 5KG--ADOPTED

Rep. STILLE proposed the following Amendment No. 199 (Doc Name h:\legwork\house\amend\council\DKA\3320htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KG, U.S.C.-SUMTER CAMPUS, page 63, line 4, opposite /CLASSIFIED POSITIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

200,000     200,000

(7)         (7)
Amend the bill further, as and if amended, Section 5KG, page 63, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Columns 5 and 6 by:


Printed Page 1494 . . . . . Tuesday, March 11, 2003

Column 5   Column 6

350,000     350,000

(5)         (5)
Amend the bill further, as and if amended, Section 5KG, page 64, line 7, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

200,000     200,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. STILLE explained the amendment.

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

Section 5KG was adopted.

SECTION 5KH

Section 5KH was adopted.

SECTION 5L--ADOPTED

Rep. STILLE proposed the following Amendment No. 201 (Doc Name h:\legwork\house\amend\council\bbm\9541sl03.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5L, WINTHROP UNIVERSITY, page 67, line 5, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

600,000     600,000

(20)         (20)
Amend the bill further, as and if amended, page 67, line 10, opposite /Unclassified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

1,000,000   1,000,000

(20)         (20)
Amend the bill further, as and if amended, page 68, line 9, opposite /Employer Contributions/ by decreasing the amount(s) in Columns 5 and 6 by:


Printed Page 1495 . . . . . Tuesday, March 11, 2003

Column 5   Column 6

225,000     225,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. STILLE explained the amendment.

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

Section 5L was adopted.

SECTION 5MA

Section 5MA was adopted.

SECTION 5MC

Section 5MC was adopted.

SECTION 5N

Section 5N was adopted.

SECTION 6

Section 6 was adopted.

SECTION 7

Section 7 was adopted.

SECTION 8--AMENDED AND ADOPTED

Rep. QUINN proposed the following Amendment No. 187 (Doc Name h:\legwork\house\amend\h-wm\008\balance1.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 85, line 10, opposite /other medicaid Srvcs/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

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

Rep. HARRELL explained the amendment.


Printed Page 1496 . . . . . Tuesday, March 11, 2003

The amendment was then adopted.

Section 8, as amended, was adopted.

SECTION 9--ADOPTED

Rep. BOWERS proposed the following Amendment No. 220 (Doc Name h:\legwork\house\amend\h-wm\008\vetnursinghome2.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 91, line 12, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

1,500,000   1,500,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BOWERS explained the amendment.

Rep. BOWERS spoke in favor of the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 67; Nays 35

Those who voted in the affirmative are:

Allen                  Altman                 Barfield
Battle                 Bingham                Branham
Cato                   Chellis                Clemmons
Clyburn                Coates                 Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Frye                   Harrell
Harrison               Haskins                Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Lourie                 Lucas
Mahaffey               McGee                  Merrill

Printed Page 1497 . . . . . Tuesday, March 11, 2003

J. H. Neal             J. M. Neal             Neilson
Perry                  E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Richardson
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
F. N. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Toole                  Townsend               Tripp
Umphlett               Vaughn                 Walker
Whitmire               Wilkins                Witherspoon
Young

Total--67

Those who voted in the negative are:

Anthony                Bales                  Bowers
Breeland               G. Brown               J. Brown
R. Brown               Ceips                  Cobb-Hunter
Coleman                Freeman                Gilham
Gourdine               Hayes                  Herbkersman
J. Hines               Hosey                  Jennings
Kennedy                Lloyd                  Martin
Moody-Lawrence         Ott                    Owens
Parks                  Pinson                 Rivers
J. E. Smith            Snow                   Stille
Thompson               Trotter                Viers
Whipper                White

Total--35

So, the amendment was tabled.

Section 9 was adopted.

SECTION 10--ADOPTED

Rep. BOWERS proposed the following Amendment No. 221 (Doc Name h:\legwork\house\amend\h-wm\008\vetnursehm3.doc), which was tabled:


Printed Page 1498 . . . . . Tuesday, March 11, 2003

Amend the bill, as and if amended, Part IA, Section 10, DEPARTMENT OF MENTAL HEALTH, page 107, immediately before line 01, by inserting a new line to read:
3. Colleton Veterans Home

Column 5   Column 6

1,500,000   1,500,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BOWERS explained the amendment.

Rep. HARRELL moved to table the amendment.

Rep. R. BROWN demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 54 to 15.

Section 10 was adopted.

SECTION 11

Section 11 was adopted.

SECTION 13

Section 13 was adopted.

SECTION 14

Section 14 was adopted.

SECTION 17

Section 17 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23

Section 23 was adopted.


Printed Page 1499 . . . . . Tuesday, March 11, 2003

SECTION 23A

Section 23A was adopted.

SECTION 24

Section 24 was adopted.

SECTION 26--ADOPTED

Rep. HOSEY proposed the following Amendment No. 95 (Doc Name h:\legwork\house\amend\h-wm\005\26williston.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 26, DEPARTMENT OF PARKS, RECREATION AND TOURISM, page 170, immediately after line 5, by inserting a new line to read:

Column 5   Column 6
Williston Recreation Park

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

Rep. HOSEY explained the amendment.

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

Rep. HOSEY proposed the following Amendment No. 96 (Doc Name h:\legwork\house\amend\h-wm\005\26barnwell.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 26, DEPARTMENT OF PARKS, RECREATION AND TOURISM, page 170, immediately after line 5, by inserting a new line to read:

Column 5   Column 6
Barnwell Recreation Park

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

Rep. HOSEY explained the amendment.

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

Section 26 was adopted.


Printed Page 1500 . . . . . Tuesday, March 11, 2003

SECTION 27--ADOPTED

Rep. HOSEY proposed the following Amendment No. 97 (Doc Name h:\legwork\house\amend\h-wm\005\27allendale.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 27, DEPARTMENT OF COMMERCE, page 180, immediately after line 2, by inserting a new line to read:

Column 5   Column 6
Allendale Industrial Park

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

Rep. HOSEY explained the amendment.

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

Rep. HOSEY proposed the following Amendment No. 99 (Doc Name h:\legwork\house\amend\h-wm\005\27blackville.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 27, DEPARTMENT OF COMMERCE, page 180, immediately after line 2, by inserting a new line to read:

Column 5   Column 6
Blackville Industrial Park

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

Rep. HOSEY explained the amendment.

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

Section 27 was adopted.

SECTION 31

Section 31 was adopted.


Printed Page 1501 . . . . . Tuesday, March 11, 2003

SECTION 33--AMENDED AND ADOPTED

Rep. MCGEE proposed the following Amendment No. 149 (Doc Name h:\legwork\house\amend\h-wm\002\pccincropexp.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 33, PROSECUTION COORDINATION COMMISSION, page 192, line 12, opposite /other operating expenses/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

36,704       36,704
Amend the bill further, as and if amended, page 192, lines 14-15, opposite /judicial circuits state support/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

36,704       36,704
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 33, as amended, was adopted.

SECTION 34

Section 34 was adopted.

SECTION 35

Section 35 was adopted.

SECTION 36--ADOPTED

Rep. HOSEY proposed the following Amendment No. 118 (Doc Name h:\legwork\house\amend\h-wm\006\fundstroopers4.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 195, line 27, opposite /Classified Positions/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

2,000,000   2,000,000


Printed Page 1502 . . . . . Tuesday, March 11, 2003

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

Rep. HOSEY explained the amendment.

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

Section 36 was adopted.

SECTION 37

Section 37 was adopted.

SECTION 39

Section 39 was adopted.

SECTION 40

Section 40 was adopted.

SECTION 41

Section 41 was adopted.

SECTION 43

Section 43 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 53

Section 53 was adopted.

SECTION 54B

Section 54B was adopted.

SECTION 54H

Section 54H was adopted.

SECTION 58

Section 58 was adopted.

SECTION 63A

Section 63A was adopted.


Printed Page 1503 . . . . . Tuesday, March 11, 2003

SECTION 63B

Section 63B was adopted.

SECTION 63C

Section 63C was adopted.

SECTION 64--ADOPTED

Rep. GOVAN proposed the following Amendment No. 169 (Doc Name h:\legwork\house\amend\h-wm\001\64taxcollectors.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 64, DEPARTMENT OF REVENUE, page 321, lines 38-39, opposite /classified positions/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

1,019,000   1,019,000

(22.00)       (22.00)
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

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

Section 64 was adopted.

SECTION 68

Section 68 was adopted.

SECTION 69A

Section 69A was adopted.

SECTION 69B

Section 69B was adopted.

SECTION 29A

Section 29A was adopted.

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


Printed Page 1504 . . . . . Tuesday, March 11, 2003

MOTION NOTED

Rep. HARRELL moved to reconsider the vote whereby Part IA Sections 1, 1AA, 2, 3, 4, 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H, 5J, 5KA, 5KB, 5KC, 5KD, 5KE, 5KF, 5KG, 5KH, 5L, 5MA, 5MC 5N, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 23A, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 53, 53A, 53B, 54A, 54B, 54C, 54D, 54E, 54H, 55, 56A, 56B, 56C, 56D, 57, 58, 59, 60, 61, 62, 63, 63A, 63B, 63C, 64, 65, 66, 68, 69A, 69B, 69C, 29A and Part 1B, Sections 2, 4, 5K, 5M, 6, 15, 18, 20, 21, 23, 24, 25, 40, 41, 42, 44, 47, 48, 49, 50, 51, 54, 55, 56DD, 57, 58, 59, 60, 61, 62, 63C, 65 and 69A were adopted and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being consideration of Part IB.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3696 (Word version) -- Reps. Jennings, Townsend and Neilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO WAIVE FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH NATIONALLY-SPONSORED NASCAR RACING EVENTS HELD IN THIS STATE IN 2003.

H. 3755 (Word version) -- Rep. Trotter: A CONCURRENT RESOLUTION TO CONGRATULATE THE PICKENS HIGH SCHOOL GIRLS VOLLEYBALL TEAM ON WINNING THEIR THIRD CONSECUTIVE CLASS AAA VOLLEYBALL STATE CHAMPIONSHIP, COMMEND THE PLAYERS, COACHES, AND STAFF OF THE PICKENS HIGH SCHOOL VARSITY GIRLS VOLLEYBALL TEAM FOR A SEASON OF SPIRITED COMPETITION AND TREMENDOUS SUCCESS, AND WISH THEM EVERY SUCCESS IN THEIR FUTURE ENDEAVORS.

H. 3756 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO RECOGNIZE THE EXTREME SKILLS AND DETERMINATION OF MR. JAKE HOBGOOD OF WINNSBORO AND TO EXTEND


Printed Page 1505 . . . . . Tuesday, March 11, 2003

THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. HOBGOOD ON HIS MANY RACING ACHIEVEMENTS, INCLUDING HIS MOST RECENT ACCOMPLISHMENT OF RECEIVING THE GOODYEAR TIRE AWARD FOR THE NASCAR GOODY'S DASH SERIES CHAMPIONSHIP.

H. 3757 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO RECOGNIZE THE AMAZING RACING TALENT OF MR. JUSTIN HOBGOOD OF WINNSBORO AND TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. HOBGOOD ON HIS NASCAR GOODY'S DASH SERIES ACHIEVEMENTS.

H. 3767 (Word version) -- Rep. Coleman: A CONCURRENT RESOLUTION TO HONOR THE PHENOMENAL RACING KNOWLEDGE AND SKILLS OF MR. WILL HOBGOOD OF WINNSBORO AND TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. HOBGOOD ON HIS NUMEROUS ACCOMPLISHMENTS WITH THE NASCAR GOODY'S DASH SERIES AS A DRIVER, CAR OWNER, AND CREW MEMBER CHIEF.

ADJOURNMENT

At 7:05 p.m. the House, in accordance with the motion of Rep. MILLER, adjourned in memory of Paul Nance of Murrells Inlet, to meet at 9:30 a.m. tomorrow.

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