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


Printed Page 1524 . . . . . Tuesday, March 9, 2004

Tuesday, March 9, 2004
(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 today is from Proverbs 13:10: "Pride only breeds quarrels, but wisdom is found in those who take advice."
Let us pray. Dear Heavenly Father, as these Representatives prepare to discuss the budget for our State, instill in them the sense of fairness and responsibility. Give them wisdom to make the decisions which shall be good for the people of this State. Help them to have consideration and be attentive to the voice of reason. Guard and guide each of these people during this week. Bless our State and Nation and her leaders. Keep our defenders of freedom in Your loving care. Hear us as we pray. Amen.

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

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

MOTION ADOPTED

Rep. R. BROWN moved that when the House adjourns, it adjourn in memory of John Chisholm, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 4, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3448:

H. 3448 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL


Printed Page 1525 . . . . . Tuesday, March 9, 2004

NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

R. 208, H. 4700--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

March 8, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4700 (Word version), R.208, a Joint Resolution:

TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26 AND 27, 2004, BY THE STUDENTS OF SCHOOLS IN BAMBERG-EHRHARDT SCHOOL DISTRICT 1 AND DENMARK-OLAR SCHOOL DISTRICT 2 IN BAMBERG COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

This veto is based on the intention upon which Act 89 of 2003 was signed by me on July 23, 2003.

When I signed this legislation last year, it was my aim to give school districts a series of options to make up missed school days. My opposition to legislation, like H. 4700, then, as it is now, is that it is local in nature.


Printed Page 1526 . . . . . Tuesday, March 9, 2004

Under Section 59-1-430(A) of the South Carolina Code, "[a]ll school districts shall designate annually at least three days within their school calendars to be used as make-up days in the event of these occurrences."

As a result of this requirement, Bamberg-Ehrhardt School District 1 designated February 13, February 16, and March 8 as make up days. All of the scheduled make-up days took place after the missed school days of January 26 and 27, 2003. However, the school district, unlike many other school districts throughout South Carolina, has opted to appeal to the General Assembly for relief under Section 59-1-430(B) of the South Carolina Code.

Denmark-Olar School District 2 designated February 13, March 5, and May 26 as make up days under the law. As a contrast to District 1, District 2 has already used February 13 and March 5, as their designated make up days, and therefore is not in need of legislative relief.

As a policy, we should require school districts to exhaust their make up days prior to providing legislative relief under Section 59-1-430(B), except in extremely unusual circumstances. In this case, however, many school districts have either proceeded with using their scheduled make up days or intend to do so. We should not simply carve out an exception for one school district.

For this reason, I am returning H. 4700, R.208 to you without my signature.

Sincerely,
Mark Sanford
Governor

R. 208, H. 4700--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R208) H. 4700 (Word version) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26 AND 27, 2004, BY THE STUDENTS OF SCHOOLS IN BAMBERG-EHRHARDT SCHOOL DISTRICT 1 AND DENMARK-OLAR SCHOOL DISTRICT 2 IN BAMBERG COUNTY WHEN THE


Printed Page 1527 . . . . . Tuesday, March 9, 2004

SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 1; Nays 0

Those who voted in the affirmative are:

Rhoad

Total--1

Those who voted in the negative are:

Total--0

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

COMMITTEE OFFICER

The following was received:

February 11, 2004
The Honorable Sandra K. McKinney
Clerk, South Carolina House of Representatives
Post Office Box 11867
Columbia SC 29211

The House Judiciary Committee voted on Tuesday, February 10, 2004, to fill our Second Vice-Chairman seat, which was vacated by Rep. Vincent Sheheen. Our new officer is as follows:

Second Vice-Chairman       Honorable Alan D. Clemmons
If you have any questions, please call me at 734-3120.


Printed Page 1528 . . . . . Tuesday, March 9, 2004

Sincerely,

James H. Harrison, Chairman

Judiciary Committee
Received as information.

INVITATIONS

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

December 2, 2003
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 Chiropractic Association the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, April 1, 2004, at 8:00 a.m. on the State House Grounds.
Sincerely,
Nicki Davis
Executive Director

December 2, 2003
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 Mortgage Brokers Association the Members of the House of Representatives and their staff are invited to a reception. This event will be held on Tuesday, April 13, 2004, from 6:00 p.m. until 8:00 p.m. at the Vista Brewing Company and Bistro.
Sincerely,
David Krahn
SCMBA President


Printed Page 1529 . . . . . Tuesday, March 9, 2004

December 2, 2003
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 Dean's Advisory Committee of the College of Nursing at the Medical University of South Carolina the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, April 14, 2004, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Kay K. Chitty, Chair
Legislative Committee

December 2, 2003
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 ETV Endowment of South Carolina the Members of the House of Representatives and their staff are invited to a luncheon. This event will be held on Wednesday, April 14, 2004, at the ETV Communications Center located at 1041 George Rogers Boulevard.
Sincerely,
David M. Maxson
Executive Director

December 2, 2003
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


Printed Page 1530 . . . . . Tuesday, March 9, 2004

reception. This event will be held on Wednesday, April 14, 2004, from 6:00 p.m. until 8:00 p.m. at Seawell's.
Sincerely,
Ken Barnett

December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:
On behalf of Prevent Child Abuse SC the Members of the House of Representatives and their staff are invited to a breakfast. This event will be held on Thursday, April 15, 2004, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Paul Teeple
Director of Public Information and Development

December 2, 2003
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 National Guard Association of South Carolina the Members of the House of Representatives and their staff are invited to a luncheon. This event will be held on Tuesday, April 20, 2004, upon adjournment on the State House Grounds.
Sincerely,
Col. Thorne S. Ambrose
President

December 2, 2003
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


Printed Page 1531 . . . . . Tuesday, March 9, 2004

Dear Chairman Leach:
On behalf of Blue Cross and Blue Shield of South Carolina the Members of the House of Representatives, their staff and families are invited to a Legislative Softball Game and Picnic. This event will be held on Tuesday, April 20, 2004, at 6:00 p.m. at the Capital City Bombers Stadium.
Sincerely,
Ed Sellers
Chairman, President & CEO

December 2, 2003
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 Hospitality Association of South Carolina the Members of the House of Representatives are invited to a "Taste of South Carolina" luncheon. This event will be held on Wednesday, April 21, 2004, at 12:00 noon on the State House Grounds.
Sincerely,
Alisa Wolf
Director of Meetings

December 2, 2003
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 Junior Golf Foundation and Bill Dukes the Members of the House of Representatives are invited to the "Annual Legislator Appreciation Night & Celebration of Golf" reception. This event will be held on Wednesday, April 21, 2004, from 6:00 p.m. until 8:00 p.m. at Willy's & The Blue Marlin.
Sincerely,
Tim Kreger
Director of Development


Printed Page 1532 . . . . . Tuesday, March 9, 2004

December 2, 2003
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 YMCA's of South Carolina the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, April 22, 2004, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Wendy L. Willis

December 2, 2003
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 Farm Bureau Federation the Members and staff of the House of Representatives are invited to a Legislative Banquet. This event will be held on Tuesday, April 27, 2004, at 6:00 p.m. at the Moore Building at the State Fairgrounds.
Sincerely,
Larry McKenzie
Assistant to the President

December 2, 2003
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 Credit Union League the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, April 28, 2004, from 6:30 p.m. until 8:00 p.m. at Seawell's Restaurant.


Printed Page 1533 . . . . . Tuesday, March 9, 2004

Sincerely,
John R. Franklin
President

December 2, 2003
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 School Counselor Association the Members of the House of Representatives and their staff are invited to a breakfast. This event will be held on Thursday, April 29, 2004, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Carolyn Haley
Secretary

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 2889
Agency: Department of Labor, Licensing and Regulation, Building Codes Council
Statutory Authority: 1976 Code Section 6-9-63-(E)
Barrier Free Design, Building Codes Council
Received by Speaker of the House of Representatives
February 10, 2004
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 9, 2004
Withdrawn and Resubmitted April 4, 2004

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 924 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF SOUTH CAROLINA WORK TO PASS LIFETIME AND RETIREMENT SAVINGS ACCOUNTS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 1534 . . . . . Tuesday, March 9, 2004

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 926 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THAT OUR ELECTED REPRESENTATIVES AND SENATORS IN THE UNITED STATES CONGRESS SUPPORT, WORK TO PASS, AND VOTE FOR THE IMMEDIATE AND PERMANENT REPEAL OF THE DEATH TAX.
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. 927 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PASS A PERMANENT BAN ON INTERNET ACCESS TAXES.
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. 928 (Word version) -- Senator Hawkins: A CONCURRENT RESOLUTION TO REQUEST THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF SOUTH CAROLINA WORK TO PASS SOCIAL SECURITY PERSONAL RETIREMENT ACCOUNTS.
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. 1030 (Word version) -- Senators Hutto and Matthews: A CONCURRENT RESOLUTION TO EXPRESS THE COMMITMENT OF THE PEOPLE OF SOUTH CAROLINA TO POSITIVE CHARACTER TRAITS IN ALL ENDEAVORS AS A "STATE OF CHARACTER", ENCOURAGING CHARACTER IN OUR SCHOOLS, BUSINESSES, FAITHS, GOVERNMENT, LAW ENFORCEMENT, MEDIA, COMMUNITY GROUPS, AND FAMILIES, AND TO


Printed Page 1535 . . . . . Tuesday, March 9, 2004

RECOGNIZE MARCH 21, 2004, AS "STATE OF CHARACTER DAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 4910 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 4-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE LOCAL OPTION SALES TAX SO AS TO DELETE THE DEFINITION FOR "MINIMUM DISTRIBUTION", TO REPEAL SECTION 4-10-60, RELATING TO THE REQUIREMENT THAT A PORTION OF THE REVENUE IN EXCESS OF FIVE MILLION DOLLARS OF LOCAL OPTION SALES TAX REVENUE COLLECTED IN A COUNTY BE DISTRIBUTED TO OTHER COUNTIES TO PROVIDE THE MINIMUM DISTRIBUTION IN COUNTIES WHERE REVENUES OF THIS TAX ARE LESS THAN THE MINIMUM DISTRIBUTION.
Referred to Committee on Ways and Means

H. 4911 (Word version) -- Rep. Kirsh: A BILL TO REPEAL CHAPTER 77, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS AND TO THE REGISTRATION AND REGULATION OF GEOLOGISTS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4912 (Word version) -- Rep. Miller: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 2004 ONLY, THE SHAD SEASON IN GAME ZONE 9 IS EXTENDED UNTIL APRIL 15, 2004.
On motion of Rep. MILLER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 638 (Word version) -- Senator Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-45 SO AS TO PROVIDE FOR FUNDING OF COUNTY VETERANS AFFAIRS OFFICES FROM APPROPRIATED MONIES DIRECTLY PAYABLE FROM THE STATE TREASURER TO


Printed Page 1536 . . . . . Tuesday, March 9, 2004

EACH COUNTY OFFICE INSTEAD OF THROUGH THE OFFICE OF THE GOVERNOR.
Referred to Committee on Ways and Means

S. 1020 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, RELATING TO FAILURE TO APPEAR, DESIGNATED AS REGULATION DOCUMENT NUMBER 2845, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 1021 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, CONTRACTORS' LICENSING BOARD, RELATING TO BURGLAR ALARM SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2828, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 1022 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR, OFFICE OF OCCUPATIONAL SAFETY AND HEALTH, RELATING TO RECORDKEEPING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2870, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

ROLL CALL

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

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Branham                Breeland
J. Brown               R. Brown               Cato
Ceips                  Chellis                Clark

Printed Page 1537 . . . . . Tuesday, March 9, 2004

Clemmons               Clyburn                Cobb-Hunter
Cooper                 Dantzler               Delleney
Duncan                 Emory                  Freeman
Frye                   Gilham                 Gourdine
Hagood                 Hamilton               Harrell
Harrison               Hayes                  Herbkersman
M. Hines               Hinson                 Hosey
Howard                 Huggins                Keegan
Kennedy                Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Lloyd                  Lourie                 Lucas
Mahaffey               Martin                 McGee
McLeod                 Merrill                Miller
J. H. Neal             J. M. Neal             Ott
Owens                  Parks                  Perry
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Rivers
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
White                  Whitmire               Wilkins
Witherspoon            Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 9.

Karl Allen                        John J. "Bubber" Snow
Bessie Moody-Lawrence             William Bowers
Marty Coates                      Gloria Haskins
Jesse Hines                       Tracy Edge
Bill Cotty                        Dwight Loftis
Brenda Lee                        DeWitt McCraw
David Mack                        Denny Neilson
G. Murrell Smith                  Doug Smith
Lewis E. Pinson                   Becky Richardson
Creighton Coleman                 Jerry Govan
Douglas Jennings                  Fletcher Smith

Printed Page 1538 . . . . . Tuesday, March 9, 2004

Robert Walker                     Seth Whipper
David Weeks                       Ralph Davenport
Grady Brown                       Olin Phillips
Thad Viers

Total Present--121

DOCTOR OF THE DAY

Announcement was made that Dr. Angus McBryde of Columbia is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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

CO-SPONSOR ADDED

Bill Number:   H. 4893 (Word version)
Date:   ADD:
03/09/04   DUNCAN

CO-SPONSOR ADDED

Bill Number:   H. 4674 (Word version)
Date:   ADD:
03/09/04   HAMILTON


Printed Page 1539 . . . . . Tuesday, March 9, 2004

CO-SPONSOR ADDED

Bill Number:   H. 4529 (Word version)
Date:   ADD:
03/09/04   HINSON

CO-SPONSOR ADDED

Bill Number:   H. 4783 (Word version)
Date:   ADD:
03/09/04   BAILEY

CO-SPONSOR ADDED

Bill Number:   H. 4790 (Word version)
Date:   ADD:
03/09/04   COTTY

CO-SPONSOR ADDED

Bill Number:   H. 4899 (Word version)
Date:   ADD:
03/09/04   J. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   BARFIELD

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   EDGE

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   MERRILL

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   WITHERSPOON


Printed Page 1540 . . . . . Tuesday, March 9, 2004

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   J. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   STEWART

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   PERRY

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   E. H. PITTS

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   CATO

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   HAMILTON

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   G. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   BATTLE


Printed Page 1541 . . . . . Tuesday, March 9, 2004

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   J. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   BOWERS

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   RIVERS

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   CLYBURN

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   MARTIN

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   CEIPS

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   HERBKERSMAN

CO-SPONSOR ADDED

Bill Number:   H. 3653 (Word version)
Date:   ADD:
03/09/04   DUNCAN


Printed Page 1542 . . . . . Tuesday, March 9, 2004

CO-SPONSOR ADDED

Bill Number:   H. 4422 (Word version)
Date:   ADD:
03/09/04   TAYLOR

CO-SPONSOR ADDED

Bill Number:   H. 4262 (Word version)
Date:   ADD:
03/09/04   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 4422 (Word version)
Date:   ADD:
03/09/04   CHELLIS

CO-SPONSOR REMOVED

Bill Number:   H. 4784 (Word version)
Date:   REMOVE:
03/09/04   CEIPS

CO-SPONSOR REMOVED

Bill Number:   H. 4908 (Word version)
Date:   REMOVE:
03/09/04   TROTTER

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. 4925--INTERRUPTED DEBATE

The following Bill was taken up:

H. 4925--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 1543 . . . . . Tuesday, March 9, 2004

MOTION ADOPTED

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

STATEMENT BY REP. HARRELL

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

PART IA

SECTION 5A

Section 5A was adopted.

SECTION 5B

Section 5B was adopted.

SECTION 5MB

Section 5MB was adopted.

SECTION 6

Section 6 was adopted.

SECTION 13

Section 13 was adopted.

SECTION 14

Section 14 was adopted.

SECTION 15

Section 15 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 23A

Section 23A was adopted.


Printed Page 1544 . . . . . Tuesday, March 9, 2004

SECTION 25

Section 25 was adopted.

SECTION 28

Section 28 was adopted.

SECTION 29

Section 29 was adopted.

SECTION 31

Section 31 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 34

Section 34 was adopted.

SECTION 36A

Section 36A was adopted.

SECTION 40

Section 40 was adopted.

SECTION 41

Section 41 was adopted.

SECTION 42

Section 42 was adopted.

SECTION 43

Section 43 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 47

Section 47 was adopted.


Printed Page 1545 . . . . . Tuesday, March 9, 2004

SECTION 48

Section 48 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 53

Section 53 was adopted.

SECTION 53A

Section 53A was adopted.

SECTION 53B

Section 53B was adopted.

SECTION 54A

Section 54A was adopted.

SECTION 54B

Section 54B 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 57

Section 57 was adopted.

SECTION 58

Section 58 was adopted.

SECTION 59

Section 59 was adopted.


Printed Page 1546 . . . . . Tuesday, March 9, 2004

SECTION 60

Section 60 was adopted.

SECTION 63A

Section 63A was adopted.

SECTION 65

Section 65 was adopted.

SECTION 68

Section 68 was adopted.

SECTION 69C

Section 69C was adopted.

PART IB

SECTION 2

Section 2 was adopted.

SECTION 5B

Section 5B was adopted.

SECTION 5D

Section 5D was adopted.

SECTION 5K

Section 5K was adopted.

SECTION 5M

Section 5M was adopted.

SECTION 5N

Section 5N was adopted.

SECTION 6

Section 6 was adopted.

SECTION 7

Section 7 was adopted.


Printed Page 1547 . . . . . Tuesday, March 9, 2004

SECTION 15

Section 15 was adopted.

SECTION 18

Section 18 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 30

Section 30 was adopted.

SECTION 31

Section 31 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 40

Section 40 was adopted.

SECTION 42

Section 42 was adopted.

SECTION 43

Section 43 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 48

Section 48 was adopted.


Printed Page 1548 . . . . . Tuesday, March 9, 2004

SECTION 49

Section 49 was adopted.

SECTION 53

Section 53 was adopted.

SECTION 53C

Section 53C was adopted.

SECTION 55

Section 55 was adopted.

SECTION 56DD

Section 56DD was adopted.

SECTION 57

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.

SECTION 62

Section 62 was adopted.

SECTION 63A

Section 63A was adopted.

SECTION 64

Section 64 was adopted.

SECTION 65

Section 65 was adopted.


Printed Page 1549 . . . . . Tuesday, March 9, 2004

SECTION 66

Section 66 was adopted.

SECTION 69A

Section 69A was adopted.

PART IA

SECTION 1--INTERRUPTED DEBATE

Rep. J. R. SMITH explained the Section.

ACTING SPEAKER CATO IN CHAIR

Rep. J. R. SMITH continued speaking.
Rep. HARRELL spoke in favor of the Section.

Rep. M.A. PITTS proposed the following Amendment No. 124 (Doc Name h:\legwork\house\amend\h-wm\004\first bus.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 3, line 34, opposite /bus purchases/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3     Column 4

18,125,579     18,125,179
Amend the bill further, as and if amended, page 13, line 7, opposite /classified positions/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

602,472     602,472

(16.00)
Amend the bill further, as and if amended, page 13, line 9, opposite /unclassified positions/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

83,430       83,430

(1.00)
Amend the bill further, as and if amended, page 13, line 14, opposite /s.c. first steps/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

17,439,677   17,439,677


Printed Page 1550 . . . . . Tuesday, March 9, 2004

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

Rep. M. A. PITTS explained the amendment.

SPEAKER IN CHAIR

Rep. M. A. PITTS continued speaking.

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

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

Yeas 95; Nays 6

Those who voted in the affirmative are:

Allen                  Anthony                Bailey
Barfield               Battle                 Bingham
Breeland               J. Brown               R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Dantzler               Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Hagood                 Hamilton
Harrell                Harrison               Hayes
J. Hines               M. Hines               Hinson
Hosey                  Huggins                Keegan
Kennedy                Kirsh                  Koon
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parks
Pinson                 E. H. Pitts            Quinn
Rhoad                  Rice                   Richardson
Sandifer               Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith

Printed Page 1551 . . . . . Tuesday, March 9, 2004

J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Walker
Weeks                  White                  Whitmire
Wilkins                Witherspoon

Total--95

Those who voted in the negative are:

Bales                  Gilham                 Martin
M. A. Pitts            Scarborough            Young

Total--6

So, the amendment was tabled.

Rep. J.E. SMITH proposed the following Amendment No. 54 (Doc Name h:\legwork\house\amend\h-wm\004\gir restore.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 5, line 24, opposite /governor's institute of reading/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

1,312,874
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

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

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

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

Yeas 56; Nays 51


Printed Page 1552 . . . . . Tuesday, March 9, 2004

Those who voted in the affirmative are:
Altman                 Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clemmons               Cooper
Cotty                  Dantzler               Duncan
Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hinson
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Loftis                 Mahaffey               McCraw
McGee                  Merrill                Owens
Perry                  M. A. Pitts            Quinn
Richardson             Sandifer               Scarborough
Skelton                G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
White                  Whitmire               Wilkins
Witherspoon            Young

Total--56

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Bowers                 Branham
Breeland               J. Brown               R. Brown
Clark                  Clyburn                Cobb-Hunter
Coleman                Davenport              Delleney
Emory                  Freeman                Hayes
J. Hines               M. Hines               Hosey
Howard                 Huggins                Kennedy
Lloyd                  Lourie                 Lucas
Mack                   Martin                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Pinson                 E. H. Pitts
Rice                   Rivers                 Simrill
Sinclair               D. C. Smith            G. M. Smith

Printed Page 1553 . . . . . Tuesday, March 9, 2004

J. E. Smith            Stille                 Taylor
Thompson               Walker                 Weeks

Total--51

So, the amendment was tabled.

Rep. J.E. SMITH proposed the following Amendment No. 53 (Doc Name h:\legwork\house\amend\h-wm\004\homework.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 3, opposite /homework centers/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

2,067,936
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

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

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

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

Yeas 69; Nays 42

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Cato                   Chellis
Clark                  Clemmons               Cooper
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Huggins
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn

Printed Page 1554 . . . . . Tuesday, March 9, 2004

Loftis                 Mahaffey               Martin
McCraw                 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
G. R. Smith            J. R. Smith            Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Walker                 White
Whitmire               Wilkins                Young

Total--69

Those who voted in the negative are:

Allen                  Anthony                Bales
Bowers                 Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Davenport
Emory                  Freeman                Gourdine
Govan                  Hayes                  J. Hines
M. Hines               Hosey                  Howard
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Lucas
Mack                   McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Rivers                 Scott                  J. E. Smith
Snow                   Weeks                  Whipper

Total--42

So, the amendment was tabled.

Rep. J.E. SMITH proposed the following Amendment No. 51 (Doc Name h:\legwork\house\amend\h-wm\004\external rev.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 6, opposite /external


Printed Page 1555 . . . . . Tuesday, March 9, 2004

review, intervention & assistanc/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

4,000,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

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

Rep. G. R. SMITH moved to table the amendment.

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

Yeas 73; Nays 39

Those who voted in the affirmative are:

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

Printed Page 1556 . . . . . Tuesday, March 9, 2004

Whitmire               Wilkins                Witherspoon
Young

Total--73

Those who voted in the negative are:

Anthony                Bales                  Bowers
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Emory                  Freeman                Gourdine
Govan                  Hayes                  J. Hines
M. Hines               Hosey                  Howard
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Rhoad
Rivers                 Scott                  J. E. Smith
Snow                   Weeks                  Whipper

Total--39

So, the amendment was tabled.

Rep. M.A. PITTS proposed the following Amendment No. 127 (Doc Name h:\legwork\house\amend\h-wm\004\delteachsalgf.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, line 19, opposite /ALLOC EIA - TEACHER SLRS/ by decreasing the amount(s) in Column 3 by:

Column 3   Column 4

9,531,571
Amend the bill further, as and if amended, page 11, line 5, opposite /TEACHER SALARIES (H63)/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

9,531,571   9,531,571
Renumber sections to conform.
Amend totals and titles to conform.

Rep. M. A. PITTS explained the amendment.


Printed Page 1557 . . . . . Tuesday, March 9, 2004

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

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

Yeas 100; Nays 5

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Bowers                 Breeland
G. Brown               R. Brown               Cato
Chellis                Clark                  Clemmons
Clyburn                Cobb-Hunter            Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Freeman                Gourdine               Hagood
Harrell                Harrison               Haskins
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kirsh                  Koon
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            Quinn
Rhoad                  Rice                   Richardson
Rivers                 Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Talley                 Taylor
Thompson               Tripp                  Trotter
Umphlett               Vaughn                 Walker
Weeks                  Whipper                White

Printed Page 1558 . . . . . Tuesday, March 9, 2004

Whitmire               Wilkins                Witherspoon
Young

Total--100

Those who voted in the negative are:

Frye                   Hamilton               Martin
M. A. Pitts            Stille

Total--5

So, the amendment was tabled.

Rep. J.E. SMITH proposed the following Amendment No. 181 (Doc Name h:\legwork\house\amend\h-wm\004\arts curric.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 4, line 39, opposite /alloc eia-arts curricula/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

73,246
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 62; Nays 42

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Cato                   Chellis
Clark                  Clemmons               Cotty
Dantzler               Delleney               Duncan
Frye                   Gilham                 Hagood
Hamilton               Harrell                Harrison
Herbkersman            Hinson                 Huggins
Keegan                 Kirsh                  Koon

Printed Page 1559 . . . . . Tuesday, March 9, 2004

Leach                  Limehouse              Littlejohn
Loftis                 Mahaffey               McCraw
McGee                  Merrill                Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Richardson
Sandifer               Scarborough            Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Tripp                  Trotter
Umphlett               Vaughn                 Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--62

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Emory                  Freeman                Gourdine
Govan                  J. Hines               M. Hines
Hosey                  Howard                 Jennings
Lee                    Lloyd                  Lourie
Lucas                  Mack                   Martin
McLeod                 Miller                 J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rhoad                  Rivers
Scott                  Simrill                F. N. Smith
J. E. Smith            W. D. Smith            Snow
Stille                 Weeks                  Whipper

Total--42

So, the amendment was tabled.

Rep. HARRELL 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 amendments, Section 1.


Printed Page 1560 . . . . . Tuesday, March 9, 2004

THE HOUSE RESUMES

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

POINT OF QUORUM

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

SPEAKER IN CHAIR

H. 4925--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of amendments, Section 1.

H. 4925--THE GENERAL APPROPRIATION BILL

SECTION 1--ADOPTED

Rep. J.E. SMITH proposed the following Amendment No. 180 (Doc Name h:\legwork\house\amend\h-wm\004\four yr old.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 31, opposite /alloc eia-4 yr early child/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

1,038,105
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 59; Nays 31

Those who voted in the affirmative are:

Barfield               Bingham                Cato
Clark                  Clemmons               Coates
Cotty                  Dantzler               Delleney

Printed Page 1561 . . . . . Tuesday, March 9, 2004

Duncan                 Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Herbkersman            Hinson
Huggins                Keegan                 Kirsh
Leach                  Littlejohn             Mahaffey
Martin                 McCraw                 McGee
Merrill                Owens                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rice
Richardson             Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Toole                  Tripp
Trotter                Umphlett               Vaughn
Walker                 White                  Whitmire
Wilkins                Young

Total--59

Those who voted in the negative are:

Anthony                Bales                  Bowers
Branham                Breeland               R. Brown
Clyburn                Cobb-Hunter            Coleman
Emory                  Freeman                Gourdine
Govan                  Hayes                  M. Hines
Hosey                  Jennings               Kennedy
Lee                    Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Rivers                 Scott                  G. M. Smith
J. E. Smith

Total--31

So, the amendment was tabled.

Rep. J.E. SMITH proposed the following Amendment No. 186 (Doc Name h:\legwork\house\amend\h-wm\004\family lit.doc), which was tabled:


Printed Page 1562 . . . . . Tuesday, March 9, 2004

Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 35, opposite /family literacy/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

80,778
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

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

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

Yeas 64; Nays 40

Those who voted in the affirmative are:

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

Total--64


Printed Page 1563 . . . . . Tuesday, March 9, 2004

Those who voted in the negative are:
Allen                  Anthony                Bales
Bowers                 Branham                Breeland
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Emory
Freeman                Gourdine               Hayes
J. Hines               M. Hines               Hosey
Howard                 Jennings               Kennedy
Lee                    Lloyd                  Lourie
Lucas                  Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Phillips               Rhoad
Rivers                 J. E. Smith            Snow
Weeks

Total--40

So, the amendment was tabled.

Rep. J.E. SMITH proposed the following Amendment No. 185 (Doc Name h:\legwork\house\amend\h-wm\004\teacher qual.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, line 16, opposite /teacher quality commission/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

25,858
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

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

SPEAKER IN CHAIR

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


Printed Page 1564 . . . . . Tuesday, March 9, 2004

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

Yeas 67; Nays 36

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Cato                   Chellis
Clark                  Clemmons               Cooper
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Frye
Gilham                 Hagood                 Harrell
Haskins                Herbkersman            Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McCraw
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            G. R. Smith
J. R. Smith            W. D. Smith            Stille
Talley                 Taylor                 Thompson
Toole                  Tripp                  Trotter
Umphlett               Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--67

Those who voted in the negative are:

Allen                  Anthony                Bales
Branham                Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Freeman                Gourdine
Govan                  J. Hines               M. Hines
Hosey                  Howard                 Kennedy
Lee                    Lloyd                  Lourie
Mack                   Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson

Printed Page 1565 . . . . . Tuesday, March 9, 2004

Ott                    Parks                  Phillips
Rivers                 Scott                  J. E. Smith
Snow                   Townsend               Weeks

Total--36

So, the amendment was tabled.

Rep. J.E. SMITH proposed the following Amendment No. 67 (Doc Name h:\legwork\house\amend\h-wm\004\ jdlh eia.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, line 23, opposite /jh de la howe sc/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

237,207
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. J. R. SMITH moved to table the amendment, which was agreed to.

Rep. J.E. SMITH proposed the following Amendment No. 68 (Doc Name h:\legwork\house\amend\h-wm\004\ win fund.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, line 12, opposite /writing improvement network/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

302,158
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

LEAVE OF ABSENCE

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


Printed Page 1566 . . . . . Tuesday, March 9, 2004

Rep. J. E. SMITH continued speaking.

Rep. HARRELL moved to table the amendment.

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

Yeas 64; Nays 39

Those who voted in the affirmative are:

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

Total--64

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Clyburn                Cobb-Hunter            Coleman
Emory                  Freeman                Gourdine
Harrison               Hayes                  J. Hines

Printed Page 1567 . . . . . Tuesday, March 9, 2004

M. Hines               Hosey                  Howard
Kennedy                Lloyd                  Lourie
Lucas                  Mack                   McLeod
Miller                 J. H. Neal             J. M. Neal
Neilson                Ott                    Phillips
Rivers                 G. M. Smith            J. E. Smith
Snow                   Thompson               Weeks

Total--39

So, the amendment was tabled.

Rep. J.E. SMITH proposed the following Amendment No. 182 (Doc Name h:\legwork\house\amend\h-wm\004\1st steps 5 mil.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 13, line 14, opposite /s.c. first steps/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

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

Rep. J. E. SMITH explained the amendment.

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

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

Yeas 66; Nays 41

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Hagood                 Harrell                Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Limehouse

Printed Page 1568 . . . . . Tuesday, March 9, 2004

Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McCraw
McGee                  Merrill                Perry
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Richardson
Sandifer               Scarborough            Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--66

Those who voted in the negative are:

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

Total--41

So, the amendment was tabled.

Rep. LOURIE proposed the following Amendment No. 165 (Doc Name h:\legwork\house\amend\h-wm\004\girfunding.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 5, line 24, opposite


Printed Page 1569 . . . . . Tuesday, March 9, 2004

/governor's institute of reading/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

700,000
Amend the bill further, as and if amended, page 7, line 22, opposite /national board certification/ by decreasing the amount(s) in Column 3 by:

Column 3   Column 4

700,000
Amend the bill further, as and if amended, page 11, line 3, opposite /national board certification/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

700,000     700,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LOURIE explained the amendment.

Rep. LOURIE spoke in favor of the amendment.

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

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

Yeas 63; Nays 50

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Cato                   Chellis
Clemmons               Coates                 Coleman
Cooper                 Cotty                  Dantzler
Delleney               Edge                   Frye
Gilham                 Hagood                 Harrell
Harrison               Haskins                Hayes
Herbkersman            Hinson                 Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Loftis
Mahaffey               Martin                 McCraw
McGee                  Merrill                Owens
Perry                  Pinson                 Richardson

Printed Page 1570 . . . . . Tuesday, March 9, 2004

Sandifer               Scarborough            Skelton
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Stille
Talley                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--63

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Clark                  Clyburn
Cobb-Hunter            Davenport              Duncan
Emory                  Freeman                Gourdine
J. Hines               Hosey                  Howard
Huggins                Jennings               Kennedy
Lee                    Lloyd                  Lourie
Lucas                  Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Phillips               E. H. Pitts
Rhoad                  Rice                   Rivers
Scott                  Simrill                Sinclair
D. C. Smith            J. E. Smith            Snow
Taylor                 Weeks

Total--50

So, the amendment was tabled.

Section 1 was adopted.

SECTION 1AA

Section 1AA was adopted.

SECTION 2

Section 2 was adopted.


Printed Page 1571 . . . . . Tuesday, March 9, 2004

SECTION 3

Section 3 was adopted.

SECTION 4--ADOPTED

Rep. PARKS proposed the following Amendment No. 29 (Doc Name h:\legwork\house\amend\h-wm\004\jdlhrestore1.doc), which was rejected:
Amend the bill, as and if amended, Part IA, Section 4, JOHN DE LA HOWE SCHOOL, page 24, line 3, opposite /superintendent/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

65,663       65,663

(1.00)       (1.00)
Amend the bill further, as and if amended, page 24, line 5, opposite /classified positions/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

168,357     168,357

(7.75)       (7.75)
Amend the bill further, as and if amended, page 24, line 7, opposite /other personal service/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

1,952       1,952
Amend the bill further, as and if amended, page 24, line 17, opposite /classified positions/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

31,031       31,031

(3.35)       (3.35)
Amend the bill further, as and if amended, page 24, line 19, opposite /unclassified positions/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

432,055     432,055

(11.76)       (11.76)
Amend the bill further, as and if amended, page 24, line 24, opposite /other operating/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

15,076       15,076


Printed Page 1572 . . . . . Tuesday, March 9, 2004

Amend the bill further, as and if amended, page 24, line 33, opposite /classified positions/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

200,000     200,000
Amend the bill further, as and if amended, page 25, line 24, opposite /classified positions/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

485,911     485,911

(29.00)       (29.00)
Amend the bill further, as and if amended, page 25, line 28, opposite /other operating/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

490,353     490,353
Amend the bill further, as and if amended, page 25, line 35, opposite /employer contributions/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

520,930     520,930
Renumber sections to conform.
Amend totals and titles to conform.

Rep. PARKS explained the amendment.

Rep. HOWARD spoke in favor of the amendment.

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

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

Yeas 53; Nays 55

Those who voted in the affirmative are:

Altman                 Barfield               Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Cooper
Cotty                  Dantzler               Delleney
Edge                   Hagood                 Hamilton
Harrell                Herbkersman            Hinson
Huggins                Keegan                 Kirsh

Printed Page 1573 . . . . . Tuesday, March 9, 2004

Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lucas
McCraw                 McGee                  Merrill
Owens                  Perry                  E. H. Pitts
Rice                   Richardson             Sandifer
Scarborough            Skelton                D. C. Smith
G. R. Smith            J. R. Smith            Stewart
Talley                 Toole                  Trotter
Umphlett               Vaughn                 Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--53

Those who voted in the negative are:

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

Total--55

So, the House refused to table the amendment.

Rep. HARRELL spoke against the amendment.


Printed Page 1574 . . . . . Tuesday, March 9, 2004

ACTING SPEAKER HARRISON IN CHAIR

Rep. HARRELL continued speaking.

SPEAKER IN CHAIR

Rep. HARRELL continued speaking.

The question then recurred to the adoption of the amendment.

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

Yeas 47; Nays 67

Those who voted in the affirmative are:

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

Total--47

Those who voted in the negative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Delleney               Edge
Frye                   Gilham                 Hagood

Printed Page 1575 . . . . . Tuesday, March 9, 2004

Hamilton               Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Littlejohn
Loftis                 Lucas                  Mahaffey
McCraw                 McGee                  Merrill
J. H. Neal             Owens                  Perry
E. H. Pitts            Quinn                  Rice
Richardson             Sandifer               Scarborough
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Thompson               Toole                  Townsend
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--67

So, the amendment was rejected.

Section 4 was adopted.

SECTION 5C

Section 5C was adopted.

SECTION 5D

Section 5D was adopted.

SECTION 5E

Section 5E was adopted.

SECTION 5F

Section 5F was adopted.

SECTION 5G

Section 5G was adopted.

SECTION 5H

Section 5H was adopted.


Printed Page 1576 . . . . . Tuesday, March 9, 2004

SECTION 5J

Section 5J was adopted.

SECTION 5KA

Section 5KA was adopted.

SECTION 5KB

Section 5KB was adopted.

SECTION 5KC

Section 5KC was adopted.

SECTION 5KD

Section 5KD was adopted.

SECTION 5KE

Section 5KE was adopted.

SECTION 5KF

Section 5KF was adopted.

SECTION 5KG

Section 5KG was adopted.

SECTION 5KH

Section 5KH was adopted.

SECTION 5L

Section 5L was adopted.

SECTION 5MA

Section 5MA was adopted.

SECTION 5N

Section 5N was adopted.

SECTION 7

Section 7 was adopted.


Printed Page 1577 . . . . . Tuesday, March 9, 2004

SECTION 8--DEBATE ADJOURNED

Rep. DAVENPORT proposed the following Amendment No. 12 (Doc Name h:\legwork\house\amend\h-wm\003\dhhs hospice $1.doc):
Amend the bill, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 85, line 14, opposite /Hospice Care/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

3,500,000   1,000,000
Amend the bill further, as and if amended, page 85, by inserting after line 14, a new item:/ L1. Non-Medicaid Hospice/ by inserting the following amount(s) in Columns 3 and 4:

Column 3   Column 4

1,000,000   1,000,000
Amend the bill further, as and if amended, page 85, by inserting after line 21, a New Item: /R. TEFRA/ by inserting the following amount(s) in Columns 3 and 4:

Column 3   Column 4

3,500,000   1,000,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. DAVENPORT explained the amendment.

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

SECTION 9--DEBATE ADJOURNED

Rep. MAHAFFEY proposed the following Amendment No. 27 (Doc Name h:\legwork\house\amend\h-wm\008\access portal retention.doc):
Amend the bill, as and if amended, Part IA, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 94, line 30, opposite /other operating expenses/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

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


Printed Page 1578 . . . . . Tuesday, March 9, 2004

Rep. MAHAFFEY explained the amendment.

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

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

SECTION 10

Section 10 was adopted.

SECTION 11--ADOPTED

Rep. QUINN explained the Section.

Section 11 was adopted.

SECTION 12

Section 12 was adopted.

SECTION 17--ADOPTED

Rep. HOSEY proposed the following Amendment No. 101 (Doc Name h:\legwork\house\amend\h-wm\009\hosey barnwell county library.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 17, STATE LIBRARY, page 135, immediately after line 27, by inserting a new line to read:

Column 3   Column 4
Barnwell County Library     200,000   200,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HOSEY explained the amendment.

Rep. COTTY moved to table the amendment.

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

Yeas 67; Nays 38


Printed Page 1579 . . . . . Tuesday, March 9, 2004

Those who voted in the affirmative are:
Altman                 Bailey                 Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Loftis                 Lucas                  Mahaffey
McCraw                 McGee                  Merrill
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Sandifer
Simrill                Sinclair               Skelton
D. C. Smith            G. R. Smith            J. R. Smith
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--67

Those who voted in the negative are:

Allen                  Anthony                Bales
Bowers                 Branham                Breeland
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Emory
Freeman                Gourdine               Govan
Hayes                  J. Hines               Hosey
Howard                 Kennedy                Lee
Lloyd                  Lourie                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rhoad                  Rivers

Printed Page 1580 . . . . . Tuesday, March 9, 2004

Scott                  J. E. Smith            Snow
Weeks                  Whipper

Total--38

So, the amendment was tabled.

Reps. J. E. SMITH and MCLEOD proposed the following Amendment No. 187 (Doc Name h:\legwork\house\amend\council\ dka\3818dw04.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 17, STATE LIBRARY, page 135, line 15, opposite /AID CNTY-LIBRARIES/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

700,000     700,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

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

Section 17 was adopted.

SECTION 18

Section 18 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 24

Section 24 was adopted.


Printed Page 1581 . . . . . Tuesday, March 9, 2004

SECTION 26--ADOPTED

Reps. STILLE and WALKER proposed the following Amendment No. 95 (Doc Name h:\legwork\house\amend\h-wm\005\stillewalker del pal bowl shp.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 169, line 32, opposite /Advertising/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

700,000     700,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. WALKER explained the amendment.

Rep. HARRELL spoke against the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HARRELL continued speaking.
Rep. KIRSH spoke in favor of the amendment.
Rep. LIMEHOUSE spoke against the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 65; Nays 43

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Barfield               Battle                 Bingham
Breeland               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Coleman                Cooper
Cotty                  Dantzler               Delleney
Edge                   Gilham                 Hagood
Harrell                Harrison               Haskins
Hayes                  Herbkersman            Hinson
Hosey                  Huggins                Keegan

Printed Page 1582 . . . . . Tuesday, March 9, 2004

Koon                   Leach                  Limehouse
Mack                   McCraw                 Merrill
Miller                 Owens                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Rivers                 Sandifer
Scarborough            Skelton                J. R. Smith
W. D. Smith            Snow                   Stewart
Talley                 Thompson               Toole
Townsend               Trotter                Umphlett
Vaughn                 Viers                  Whipper
White                  Whitmire               Wilkins
Witherspoon            Young

Total--65

Those who voted in the negative are:

Anthony                Bowers                 Branham
G. Brown               J. Brown               Clyburn
Cobb-Hunter            Davenport              Duncan
Emory                  Freeman                Frye
Gourdine               Govan                  Hamilton
J. Hines               Howard                 Kennedy
Kirsh                  Littlejohn             Lloyd
Lourie                 Lucas                  Mahaffey
Martin                 McLeod                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Perry
Rhoad                  Simrill                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
Stille                 Taylor                 Walker
Weeks

Total--43

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 143 (Doc Name h:\legwork\house\amend\h-wm\005\kirsh -palbowl+ind def.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 169,


Printed Page 1583 . . . . . Tuesday, March 9, 2004

line 32, opposite /Advertising/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

700,000     700,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KIRSH explained the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 70; Nays 36

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Breeland               Cato
Ceips                  Chellis                Clark
Clemmons               Coleman                Cooper
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Gilham
Govan                  Hagood                 Harrell
Harrison               Haskins                Hayes
Herbkersman            Hinson                 Hosey
Huggins                Keegan                 Leach
Limehouse              Littlejohn             Lucas
Mack                   McGee                  Merrill
Neilson                Owens                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Rivers                 Sandifer
Scarborough            Scott                  Skelton
D. C. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Trotter                Umphlett
Vaughn                 Whipper                White

Printed Page 1584 . . . . . Tuesday, March 9, 2004

Whitmire               Wilkins                Witherspoon
Young

Total--70

Those who voted in the negative are:

Bowers                 Branham                G. Brown
J. Brown               Clyburn                Cobb-Hunter
Davenport              Emory                  Freeman
Frye                   Gourdine               Hamilton
J. Hines               Howard                 Kennedy
Kirsh                  Koon                   Lloyd
Loftis                 Lourie                 McLeod
Moody-Lawrence         J. H. Neal             J. M. Neal
Ott                    Parks                  Perry
Rhoad                  Richardson             Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Stille                 Walker                 Weeks

Total--36

So, the amendment was tabled.

Rep. PARKS proposed the following Amendment No. 209 (Doc Name h:\legwork\house\amend\h-wm\004\palm bowl3.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 169, line 32, opposite /ADVERTISING/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

700,000     700,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. PARKS explained the amendment.

SPEAKER IN CHAIR

Rep. COOPER moved to table the amendment.


Printed Page 1585 . . . . . Tuesday, March 9, 2004

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

Yeas 57; Nays 44

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Barfield               Battle                 Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Cooper
Cotty                  Dantzler               Delleney
Edge                   Gilham                 Hagood
Harrell                Harrison               Haskins
Hayes                  Hinson                 Huggins
Keegan                 Koon                   Leach
Limehouse              Littlejohn             Lucas
Mahaffey               Martin                 McCraw
Merrill                Neilson                Owens
Pinson                 E. H. Pitts            Rice
Sandifer               Scarborough            Skelton
G. R. Smith            J. R. Smith            Stewart
Talley                 Toole                  Townsend
Trotter                Umphlett               Vaughn
Viers                  White                  Whitmire
Wilkins                Witherspoon            Young

Total--57

Those who voted in the negative are:

Allen                  Anthony                Bowers
Branham                Breeland               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Davenport              Duncan                 Emory
Frye                   Gourdine               Govan
Hamilton               J. Hines               Hosey
Howard                 Kennedy                Kirsh
Lloyd                  Lourie                 Mack
McLeod                 Moody-Lawrence         J. H. Neal
J. M. Neal             Parks                  Perry
M. A. Pitts            Rhoad                  Richardson
Rivers                 Scott                  Simrill
D. C. Smith            G. M. Smith            J. E. Smith

Printed Page 1586 . . . . . Tuesday, March 9, 2004

Snow                   Taylor                 Thompson
Weeks                  Whipper

Total--44

So, the amendment was tabled.

Rep. HOSEY proposed the following Amendment No. 104 (Doc Name h:\legwork\house\amend\h-wm\009\hosey blackville barnwell state park.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 173, immediately after line 39, by inserting a new line to read:

Column 3   Column 4
Barnwell County: Blackville Barnwell State Park Infrastructure

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

Rep. HOSEY explained the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 67; Nays 32

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Davenport              Duncan
Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Huggins                Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Lucas                  Mahaffey
Martin                 McCraw                 McGee
Merrill                Miller                 Owens

Printed Page 1587 . . . . . Tuesday, March 9, 2004

Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Richardson
Sandifer               Scarborough            Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Stille
Talley                 Thompson               Toole
Townsend               Trotter                Umphlett
Vaughn                 Viers                  White
Whitmire               Wilkins                Witherspoon
Young

Total--67

Those who voted in the negative are:

Allen                  Anthony                Bowers
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Emory                  Freeman
Gourdine               Govan                  Hayes
J. Hines               Hosey                  Lloyd
Lourie                 Mack                   McLeod
Moody-Lawrence         J. M. Neal             Ott
Parks                  Rhoad                  Rivers
Scott                  J. E. Smith            Snow
Weeks                  Whipper

Total--32

So, the amendment was tabled.

Section 26 was adopted.

SECTION 27--ADOPTED

Rep. HOSEY proposed the following Amendment No. 105 (Doc Name h:\legwork\house\amend\h-wm\009\hosey allendal industrial park.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 27, DEPARTMENT OF COMMERCE, page 183, immediately after line 32, by inserting a new line to read:


Printed Page 1588 . . . . . Tuesday, March 9, 2004

Column 3   Column 4
Allendale County: Allendale Industrial Park Infrastructure

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

Rep. HOSEY explained the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 66; Nays 31

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Cato
Clark                  Clemmons               Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Gilham                 Hagood
Hamilton               Harrell                Haskins
Herbkersman            Hinson                 Huggins
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Lucas                  Mahaffey               McCraw
McGee                  Miller                 Owens
Perry                  E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Richardson
Sandifer               Scarborough            Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Trotter                Umphlett               Vaughn
Viers                  White                  Whitmire
Wilkins                Witherspoon            Young

Total--66


Printed Page 1589 . . . . . Tuesday, March 9, 2004

Those who voted in the negative are:
Allen                  Anthony                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Emory
Freeman                Gourdine               Govan
J. Hines               Hosey                  Howard
Lloyd                  Lourie                 Mack
McLeod                 Moody-Lawrence         J. H. Neal
Ott                    Rhoad                  Rivers
Scott                  J. E. Smith            Snow
Weeks

Total--31

So, the amendment was tabled.

Section 27 was adopted.

SECTION 29A

Section 29A was adopted.

SECTION 30--AMENDED AND ADOPTED

Rep. MERRILL proposed the following Amendment No. 150 (Doc Name h:\legwork\house\amend\h-wm\004\supreme 2.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 30, JUDICIAL DEPARTMENT, page 188, line 9, opposite /unclassified positions/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

29,950       29,950
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 30, as amended, was adopted.


Printed Page 1590 . . . . . Tuesday, March 9, 2004

SECTION 35--ADOPTED

Rep. COBB-HUNTER proposed the following Amendment No. 216 (Doc Name h:\legwork\house\amend\h-wm\10\inddef700,000.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 35, COMMISSION ON INDIGENT DEFENSE, page 197, line 10, opposite /Other operating expenses/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

700,000     700,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 66; Nays 37

Those who voted in the affirmative are:

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

Printed Page 1591 . . . . . Tuesday, March 9, 2004

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

Total--66

Those who voted in the negative are:

Allen                  Anthony                Bowers
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Emory                  Freeman
Gourdine               Govan                  J. Hines
Hosey                  Howard                 Lloyd
Lourie                 Mack                   Martin
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Parks                  Rivers                 Scott
G. M. Smith            J. E. Smith            Snow
Stille                 Walker                 Weeks
Whipper

Total--37

So, the amendment was tabled.

Section 35 was adopted.

SECTION 36

Section 36 was adopted.

SECTION 37

Section 37 was adopted.

SECTION 38

Section 38 was adopted.

SECTION 39

Rep. LIMEHOUSE explained the Section.
Section 39 was adopted.


Printed Page 1592 . . . . . Tuesday, March 9, 2004

SECTION 44

Section 44 was adopted.

SECTION 46

Section 46 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 51

Section 51 was adopted.

SECTION 54H--ADOPTED

Rep. PARKS proposed the following Amendment No. 208 (Doc Name h:\legwork\house\amend\h-wm\004\deleteeoc.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 54H, EDUCATION OVERSIGHT COMMITTEE, page 263, line 3, opposite /executive director/ by decreasing the amount(s) in Column 3 by:

Column 3   Column 4

100,000

(1.00)
Amend the bill further, as and if amended, page 263, line 5, opposite /unclass leg misc/ by decreasing the amount(s) in Column 3 by:

Column 3   Column 4

464,057

(9.00)
Amend the bill further, as and if amended, page 263, line 7, opposite /other personal services/ by decreasing the amount(s) in Column 3 by:   Column 3   Column 4

68,320
Amend the bill further, as and if amended, page 263, line 8, opposite /other personal services/ by decreasing the amount(s) in Column 3 by:

Column 3   Column 4

1,000
Amend the bill further, as and if amended, page 263, line 11, opposite /other operating/ by decreasing the amount(s) in Column 3 by:

Column 3   Column 4

932,640


Printed Page 1593 . . . . . Tuesday, March 9, 2004

Amend the bill further, as and if amended, page 263, line 19, opposite /employer contributions/ by decreasing the amount(s) in Column 3 by:

Column 3   Column 4

143,839
Renumber sections to conform.
Amend totals and titles to conform.

Rep. PARKS explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 68; Nays 31

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Ceips
Chellis                Clark                  Clemmons
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Edge
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  Mahaffey               Martin
McCraw                 McGee                  Merrill
Miller                 Neilson                Owens
E. H. Pitts            Quinn                  Rice
Richardson             Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Trotter                Umphlett
Vaughn                 Viers                  Walker

Printed Page 1594 . . . . . Tuesday, March 9, 2004

White                  Whitmire               Wilkins
Witherspoon            Young

Total--68

Those who voted in the negative are:

Allen                  Anthony                Bales
Bowers                 Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Emory
Freeman                Frye                   Govan
Herbkersman            J. Hines               Hosey
Lloyd                  Mack                   McLeod
Moody-Lawrence         J. H. Neal             Parks
Pinson                 M. A. Pitts            Rivers
Scott                  J. E. Smith            Weeks
Whipper

Total--31

So, the amendment was tabled.

Section 54H was adopted.

SECTION 56A

Section 56A was adopted.

SECTION 56B

Section 56B was adopted.

SECTION 56C--AMENDED AND ADOPTED

Rep. PARKS proposed the following Amendment No. 210 (Doc Name h:\legwork\house\amend\h-wm\004\govfunds.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 56C, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 272, line 4, opposite /classified positions/ by decreasing the amount(s) in Columns 3 and 4 by:


Printed Page 1595 . . . . . Tuesday, March 9, 2004

Column 3   Column 4

34,238       34,238

(1.00)       (1.00)
Amend the bill further, as and if amended, page 272, line 6, opposite /unclassified positions/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

72,431       72,431

(1.00)       (1.00)
Amend the bill further, as and if amended, page 272, line 10, opposite /other operating/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

8,100       8,100
Amend the bill further, as and if amended, page 272, line 16, opposite /classified positions/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

537,661     537,661

(25.49.00)   (25.49.00)
Amend the bill further, as and if amended, page 272, line 18, opposite /unclassified positions/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

321,862     321,862

(25.00)       (25.00)
Amend the bill further, as and if amended, page 272, line 20, opposite /other personal service/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

50,153       50,153
Amend the bill further, as and if amended, page 272, line 23, opposite /other operating expenses/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

313,507     313,507
Amend the bill further, as and if amended, page 272, line 25, opposite /implementing federal/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

44,283       44,283


Printed Page 1596 . . . . . Tuesday, March 9, 2004

Amend the bill further, as and if amended, page 272, line 27, opposite /national governors association/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

50,003       50,003
Amend the bill further, as and if amended, page 272, line 28, opposite /southern growth policies/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

26,312       26,312
Amend the bill further, as and if amended, page 272, line 31, opposite /appalachian regional commission/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

36,000       36,000
Amend the bill further, as and if amended, page 272, line 34, opposite /southern governors association/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

7,110       7,110
Renumber sections to conform.
Amend totals and titles to conform.

Rep. PARKS explained the amendment.

Rep. PARKS spoke in favor of the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 60; Nays 37

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Chellis
Clark                  Clemmons               Cooper
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Frye
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hinson

Printed Page 1597 . . . . . Tuesday, March 9, 2004

Huggins                Keegan                 Kirsh
Leach                  Limehouse              Lucas
Mahaffey               McCraw                 McGee
Ott                    Owens                  Perry
E. H. Pitts            Rice                   Richardson
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Trotter                Umphlett               Vaughn
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--60

Those who voted in the negative are:

Allen                  Anthony                Bales
Bowers                 Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Emory
Freeman                Gourdine               Govan
Herbkersman            J. Hines               Hosey
Howard                 Kennedy                Lloyd
Mack                   McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Parks                  Pinson
Rhoad                  Rivers                 Scott
J. E. Smith            Snow                   Weeks
Whipper

Total--37

So, the amendment was tabled.

Rep. J.E. SMITH proposed the following Amendment No. 133 (Doc Name h:\legwork\house\amend\h-wm\005\reinstate comm on wom.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 56C, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 275, immediately after line 29, by inserting new lines to read:


Printed Page 1598 . . . . . Tuesday, March 9, 2004

Column 3   Column 4
3. Commission on Women Personal Service:
Classified Positions

40,000       40,000

(1.00)       (1.00)
Unclassified Positions

50,010       50,010

(1.00)       (1.00)
Other Op Expenses

9,945       9,945
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER explained the amendment.

Rep. MILLER spoke in favor of the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 64; Nays 48

Those who voted in the affirmative are:

Altman                 Barfield               Bingham
Cato                   Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Loftis
Mahaffey               Merrill                Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rice
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Stille

Printed Page 1599 . . . . . Tuesday, March 9, 2004

Talley                 Taylor                 Thompson
Toole                  Trotter                Umphlett
Vaughn                 Viers                  White
Whitmire               Wilkins                Witherspoon
Young

Total--64

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Battle                 Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Ceips
Clyburn                Cobb-Hunter            Coleman
Davenport              Emory                  Freeman
Gourdine               Govan                  Hayes
J. Hines               Hosey                  Howard
Kennedy                Lloyd                  Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rhoad                  Richardson
Rivers                 Scott                  J. E. Smith
Snow                   Weeks                  Whipper

Total--48

So, the amendment was tabled.

Rep. PERRY proposed the following Amendment No. 229 (Doc Name h:\legwork\house\amend\h-wm\005\restore energy bd.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 56C, GOVERNOR'S OFF-EXECUTIVE POLICY & PROGRAMS, page 272, line 29, opposite /southern states energy board/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

31,372       31,372
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1600 . . . . . Tuesday, March 9, 2004

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

Section 56C, as amended, was adopted.

SECTION 56D

Section 56D was adopted.

SECTION 61

Section 61 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 63--AMENDED AND ADOPTED

Reps. OTT and LUCAS proposed the following Amendment No. 206 (Doc Name h:\legwork\house\amend\h-wm\005\ottlucas rur infrastructure fund.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 307, immediately after line 39, by inserting a new line to read:

Column 3   Column 4
3. SC Rural Infrastructure Bank Trust Fund

30,000       30,000
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 63, as amended, was adopted.

SECTION 63B--ADOPTED

Rep. J.E. SMITH proposed the following Amendment No. 87 (Doc Name h:\legwork\house\amend\h-wm\002\3m bpi $ jes.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 63B, B&C BD - EMPLOYEE BENEFITS, page 314, line 28, opposite /employee pay plan/ by increasing the amount(s) in Columns 3 and 4 by:


Printed Page 1601 . . . . . Tuesday, March 9, 2004

Column 3   Column 4

3,000,000   3,000,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 71; Nays 38

Those who voted in the affirmative are:

Bailey                 Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Cooper                 Cotty                  Dantzler
Davenport              Duncan                 Edge
Frye                   Gilham                 Hagood
Hamilton               Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Mahaffey
McCraw                 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
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--71


Printed Page 1602 . . . . . Tuesday, March 9, 2004

Those who voted in the negative are:
Allen                  Anthony                Bales
Bowers                 Branham                Breeland
R. Brown               Clyburn                Cobb-Hunter
Coleman                Delleney               Emory
Freeman                Gourdine               Govan
Hayes                  J. Hines               Hosey
Howard                 Lloyd                  Lourie
Lucas                  Mack                   Martin
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Rivers
Scott                  J. E. Smith            Snow
Weeks                  Whipper

Total--38

So, the amendment was tabled.

Rep. J.E. SMITH proposed the following Amendment No. 71 (Doc Name h:\legwork\house\amend\h-wm\002\5m bonus $.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 63B, B&C BD - EMPLOYEE BENEFITS, page 314, immediately after line 28, by inserting a new line to read:

Column 3   Column 4
Employee Bonus     5,000,000   5,000,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 70; Nays 33

Those who voted in the affirmative are:

Barfield               Battle                 Bingham
Cato                   Ceips                  Chellis

Printed Page 1603 . . . . . Tuesday, March 9, 2004

Clark                  Clemmons               Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Frye                   Gilham                 Hagood
Hamilton               Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Lucas                  Mahaffey
Martin                 McCraw                 McGee
Merrill                Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--70

Those who voted in the negative are:

Allen                  Anthony                Bowers
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Freeman                Govan
Hayes                  J. Hines               Hosey
Howard                 Lloyd                  Lourie
Mack                   McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Rhoad                  Rivers                 G. M. Smith
J. E. Smith            Weeks                  Whipper

Total--33

So, the amendment was tabled.


Printed Page 1604 . . . . . Tuesday, March 9, 2004

Rep. J.E. SMITH proposed the following Amendment No. 230 (Doc Name h:\legwork\house\amend\h-wm\002\5% bpi $ jesmith.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IA, Section 63B, B&C BD - EMPLOYEE BENEFITS, page 314, line 28, opposite /employee pay plan/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

42,350,000   42,350,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

POINT OF ORDER

Rep. HARRELL raised the Point of Order that Amendment No. 230 was out of order under Rule 5.3B in that it was not germane to the Bill.
SPEAKER WILKINS stated that the amendment had the effect of appropriating in excess of five million dollars and did not meet the requirements of Rule 5.3B that it show or explain the corresponding reduction in the budget necessary to fund the proposed appropriation. He therefore sustained the Point of Order and ruled the amendment out of order.

Section 63B was adopted.

SECTION 63C

Section 63C was adopted.

SECTION 64

Section 64 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 69A

Section 69A was adopted.


Printed Page 1605 . . . . . Tuesday, March 9, 2004

SECTION 69B--ADOPTED

Rep. HOSEY proposed the following Amendment No. 100 (Doc Name h:\legwork\house\amend\h-wm\009\hosey barnwell county consolidation.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 69B, AID TO SUBDIVISIONS - STATE TREASURER, page 323, immediately after line 18, by inserting a new line to read:

Column 3   Column 4
II. Non-recurring Appropriations Barnwell County: Office Consolidation

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

Rep. HOSEY explained the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 66; Nays 32

Those who voted in the affirmative are:

Barfield               Battle                 Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Cooper
Cotty                  Delleney               Duncan
Edge                   Frye                   Hagood
Hamilton               Harrell                Harrison
Haskins                Herbkersman            Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               McCraw                 McGee
Merrill                Neilson                Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart

Printed Page 1606 . . . . . Tuesday, March 9, 2004

Stille                 Talley                 Taylor
Thompson               Toole                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--66

Those who voted in the negative are:

Anthony                Bales                  Bowers
Branham                Breeland               R. Brown
Clyburn                Cobb-Hunter            Coleman
Freeman                Gourdine               Govan
J. Hines               Hosey                  Howard
Kennedy                Lloyd                  Lourie
Mack                   Martin                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
Ott                    Parks                  Rhoad
Rivers                 Scott                  J. E. Smith
Snow                   Weeks

Total--32

So, the amendment was tabled.

Section 69B was adopted.

SECTION 8--ADOPTED

Rep. DAVENPORT proposed the following Amendment No. 12 (Doc Name h:\legwork\house\amend\h-wm\003\dhhs hospice $1.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 85, line 14, opposite /Hospice Care/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

3,500,000   1,000,000
Amend the bill further, as and if amended, page 85, by inserting after line 14, a new item:/ L1. Non-Medicaid Hospice/ by inserting the following amount(s) in Columns 3 and 4:


Printed Page 1607 . . . . . Tuesday, March 9, 2004

Column 3   Column 4

1,000,000   1,000,000
Amend the bill further, as and if amended, page 85, by inserting after line 21, a New Item: /R. TEFRA/ by inserting the following amount(s) in Columns 3 and 4:

Column 3   Column 4

3,500,000   1,000,000
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 8 was adopted.

SECTION 9--AMENDED AND ADOPTED

Rep. J.H. NEAL proposed the following Amendment No. 241 (Doc Name h:\legwork\house\amend\h-wm\010\aids prevention1.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 93, after line 11, by inserting a new line to read:
HIV Prevention Program/ by adding the amount(s) in columns 3 and 4:

Column 3   Column 4

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

Rep. J. H. NEAL explained the amendment.

Rep. QUINN moved to table the amendment.

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

Yeas 65; Nays 36

Those who voted in the affirmative are:

Barfield               Bingham                Cato
Chellis                Clark                  Clemmons

Printed Page 1608 . . . . . Tuesday, March 9, 2004

Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Harrell
Harrison               Herbkersman            Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Lucas                  Mahaffey
McCraw                 McGee                  Merrill
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Richardson
Sandifer               Scarborough            Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--65

Those who voted in the negative are:

Allen                  Anthony                Battle
Bowers                 Branham                Breeland
J. Brown               Ceips                  Clyburn
Cobb-Hunter            Emory                  Freeman
Gilham                 Gourdine               Govan
Hamilton               Hayes                  J. Hines
Hosey                  Howard                 Kennedy
Lloyd                  Lourie                 Martin
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Parks
Rivers                 J. E. Smith            Snow
Stille                 Weeks                  Whipper

Total--36

So, the amendment was tabled.


Printed Page 1609 . . . . . Tuesday, March 9, 2004

Rep. MAHAFFEY proposed the following Amendment No. 27 (Doc Name h:\legwork\house\amend\h-wm\008\access portal retention.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 9, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 94, line 30, opposite /other operating expenses/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

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

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

Section 9, as amended, was adopted.

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

MOTION NOTED

Rep. J. H. NEAL moved to reconsider the vote whereby Amendment No. 29 was rejected in Section 4, Part IA and the motion was noted.

MOTION NOTED

Rep. HARRELL moved to reconsider the vote whereby Part 1A, 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, 5MB, 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, 29A, 30, 31, 32, 33, 34, 35, 36, 36A, 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 and Part 1B, Sections 2, 5B, 5D, 5K, 5M, 5N, 6, 7, 15, 18, 19, 20, 22, 30, 31, 32, 33, 40, 42, 43, 44, 48, 49, 53, 53C, 55, 56DD, 57, 58, 59, 60, 61, 62, 63A, 64, 65, 66, 69A were adopted and the motion was noted.

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


Printed Page 1610 . . . . . Tuesday, March 9, 2004

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4743 (Word version) -- Reps. Miller, Harvin, R. Brown and Limehouse: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF HIGHWAY 17 FROM THE TOWN LIMITS OF AWENDAW TO THE TOWN LIMITS OF MCCLELLANVILLE IN HONOR OF THE LATE JAMES MITCHELL "MITCH" GRAHAM WHO WAS ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED PUBLIC OFFICIALS AND WHO WAS INSTRUMENTAL IN THE FOUNDING OF THE SOUTH CAROLINA ASSOCIATION OF COUNTIES AMONG OTHER ACHIEVEMENTS.

H. 4862 (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 2004.

H. 4849 (Word version) -- Reps. E. H. Pitts, Huggins, 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, 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, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. 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


Printed Page 1611 . . . . . Tuesday, March 9, 2004

Young: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, MARCH 10, 2004, AS "SOUTH CAROLINA REALTOR DAY" IN ORDER TO RECOGNIZE AND HONOR THE MANY OUTSTANDING REALTORS AND REAL ESTATE PROFESSIONALS IN OUR STATE.

ADJOURNMENT

At 8:05 p.m. the House, in accordance with the motion of Rep. R. BROWN, adjourned in memory of John Chisholm, to meet at 9:30 a.m. tomorrow.

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