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

Thursday, March 11, 2004
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 9:30 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Isaiah 48:17: "This is what the Lord says, 'Your Redeemer, the Holy One of Israel: I am the Lord your God, who teaches you what is best for you, who directs you in the way you should go.'"
Let us pray. Almighty God, the world is Your creation and the object of Your love. Sensitize us and every neighbor in this body to Your way of truth. May all in authority aspire to humble service and godly use of power and privilege. Bless and keep all who serve in government in the State and Nation. Protect and care for our defenders of freedom. Hear us O God of might. Amen.

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

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

MOTION ADOPTED

Rep. UMPHLETT moved that when the House adjourns, it adjourn in memory of James Bryan Ware, Jr., brother-in-law of Representative Umphlett, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 10, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 208, H. 4700 by a vote of 46 to 0.

(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 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.

Very respectfully,
President
Received as information.

H. 4272--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., March 10, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4272:

H. 4272 (Word version) -- Reps. Hinson, Altman, Breeland, R. Brown, Dantzler, Gourdine, Hagood, Harrell, Limehouse, Mack, Merrill, Miller, Scarborough, Umphlett and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-85 SO AS TO ALTER THE LINES OF BERKELEY AND CHARLESTON COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO BERKELEY COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.

Very respectfully,
President

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

Whereupon, the Chair appointed Reps. HINSON, LIMEHOUSE and BREELAND to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEE

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

H. 4881 (Word version) -- Reps. Bales and Neilson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO A DELEGATION OF STUDENTS, FACULTY, AND REPRESENTATIVES OF THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES AND THE GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS ON THURSDAY, MARCH 11, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF RECOGNIZING THEM FOR THEIR ACCOMPLISHMENTS AND FOR THE PURPOSE OF A PERFORMANCE BY THE CHORUS OF THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.
Ordered for consideration tomorrow.

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

H. 4890 (Word version) -- Reps. Barfield, Cotty, Viers, Toole, Clark, Rutherford, J. Brown, Ceips, Clemmons, Frye, Gilham, J. Hines, Keegan, Lloyd, Mahaffey, Moody-Lawrence, Rice, Simrill, G. R. Smith, Stille, Taylor, Vaughn and Witherspoon: A CONCURRENT RESOLUTION TO COMMEND TAIWAN ON ITS FULL-FLEDGED DEMOCRACY, ITS CONTRIBUTIONS TO PROMOTE WORLD PEACE, FREEDOM, AND HUMAN RIGHTS, AND TO SUPPORT ITS EFFORTS TO JOIN THE UNITED NATIONS, THE WORLD HEALTH ORGANIZATION, AND OTHER INTERNATIONAL ORGANIZATIONS.
Ordered for consideration tomorrow.

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

H. 4913 (Word version) -- Reps. Scott, Lourie, Bales, J. Brown, Cotty, Harrison, Howard, J. H. Neal, Quinn and J. E. Smith: A HOUSE RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF INTERSTATE 77 AND TWO NOTCH ROAD IN RICHLAND COUNTY FOR JOHN V. GREEN AND INSTALL APPROPRIATE MARKERS OR SIGNS INDICATING THIS DESIGNATION IN HONOR AND RECOGNITION OF MR. GREEN'S SERVICE AND COMMITMENT TO WORKING WITHIN THE COLUMBIA COMMUNITY.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4931 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE BOB PATEL OF SUMMERTON ON BEING NAMED THE FRANCHISEE OF THE YEAR FOR THE KNIGHT'S INN CORPORATION AND RECOGNIZE HIM FOR ALSO RECEIVING THE RENOVATION OF THE YEAR AND QUALITY OF THE YEAR AWARD FROM THE KNIGHT'S INN CORPORATION.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4932 (Word version) -- Reps. Scott, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, 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 Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND REVEREND CALVIN ROBINSON, PASTOR OF THE BETHLEHEM BAPTIST CHURCH IN SALUDA, SOUTH CAROLINA, FOR HIS GLORIOUS SERVICE TO THE CHURCH AND TO HIS COMMUNITY.

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

HOUSE RESOLUTION

On motion of Rep. MCCRAW, with unanimous consent, the following was taken up for immediate consideration:

H. 4933 (Word version) -- Rep. McCraw: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE GAFFNEY HIGH SCHOOL BASKETBALL TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THE TEAM AND THEIR HEAD COACH, MARK HUFF, ON WINNING THE 2004 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR HARD WORK, COMPETITIVE SPIRIT, AND DEDICATION TO BECOMING A CHAMPIONSHIP TEAM.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the Gaffney High School Basketball Team at a date and time to be determined by the Speaker, to congratulate the team and their Head Coach, Mark Huff, on winning the 2004 Class AAAA State Basketball Championship and to commend them for their hard work, competitive spirit, and dedication to becoming a championship team.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4934 (Word version) -- Reps. Witherspoon, Clemmons, Loftis, Edge, Rhoad, Viers, Barfield, Lee, Snow, Duncan, Koon, Frye, Altman, Battle, R. Brown, Chellis, Coates, Davenport, Freeman, Hamilton, Harvin, Haskins, Hosey, Leach, McCraw, Miller, Phillips, Quinn, Sinclair, F. N. Smith, G. R. Smith, J. R. Smith, Stewart, Stille, Townsend, Tripp, Vaughn and Young: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 38 SO AS TO ENACT THE "SOUTH CAROLINA ISOLATED WETLANDS ACT OF 2004" WHICH ESTABLISHES A PROGRAM TO REGULATE ISOLATED WETLANDS AND ACTIVITIES IN AND AROUND ISOLATED WETLANDS INCLUDING A REQUIREMENT FOR MITIGATION TO COMPENSATE FOR ISOLATED WETLAND DISTURBANCES, BY ADDING SECTION 12-6-1125 SO AS TO PROVIDE THAT GROSS INCOME SHALL NOT INCLUDE AN AMOUNT RECEIVED BY THE OWNER OF ISOLATED WETLANDS FOR ALLOWING A PERSON TO USE THE ISOLATED WETLANDS IN A COMPATIBLE USE; BY ADDING SECTION 12-6-3525 SO AS TO PERMIT A TAXPAYER TO ELECT TO CLAIM AN INCOME TAX CREDIT IN AN AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF THE FEDERAL DEDUCTION ATTRIBUTABLE TO THE DONATION OF THE ISOLATED WETLANDS LOCATED IN THIS STATE; BY ADDING SECTION 12-37-945 SO AS TO PROVIDE THAT PROPERTY THAT IS MAPPED OR DELINEATED AS ISOLATED WETLANDS MUST BE CONSIDERED UNDEVELOPED PROPERTY FOR AD VALOREM TAX PURPOSES UNTIL SUCH TIME AS THE LANDOWNER OBTAINS A PERMIT THAT ALLOWS THE PROPERTY TO BE DEVELOPED; TO ADD SECTION 48-1-95 SO AS TO PROVIDE THAT ANY NATIONWIDE PERMIT APPLICATION SUBMITTED TO THE DEPARTMENT FOR CONSIDERATION SHALL BE PRESUMED TO COMPLY WITH THE APPLICABLE WATER QUALITY CRITERIA AND COASTAL ZONE MANAGEMENT CRITERIA OF THE STATE WITHOUT ANY FURTHER TERMS OR CONDITIONS IMPOSED BY THE DEPARTMENT AND TO DEFINE "NATIONWIDE PERMIT" FOR THAT PURPOSE; AND TO AMEND SECTION 48-39-210, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BEING THE ONLY STATE AGENCY AUTHORIZED TO PERMIT OR DENY ALTERATIONS OR UTILITIZATIONS WITHIN CRITICAL AREAS, SO AS TO REVISE THE MANNER IN WHICH THESE ALTERATIONS OR UTILIZATIONS ARE PERMITTED AND GRANTED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4935 (Word version) -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-8600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DUCKS UNLIMITED SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THIS LICENSE PLATE MAY BE ISSUED TO ANY OWNER OF CERTAIN PRIVATE PASSENGER CARRYING MOTOR VEHICLES, AND TO ADD AN ADDITIONAL FEE FOR THE ISSUANCE ON THE LICENSE PLATE THAT MUST BE DEPOSITED IN AN ACCOUNT DESIGNATED BY THE COMMITTEE OF THE SOUTH CAROLINA DUCKS UNLIMITED.
Referred to Committee on Education and Public Works

H. 4937 (Word version) -- Reps. Vaughn, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, G. R. Smith, Taylor, Tripp and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT EACH BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO TWO SCHOOL DAYS MISSED BY A SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.
On motion of Rep. VAUGHN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1029 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOFT DRINK BOTTLING PLANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2856, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

HOUSE RESOLUTION

The following was introduced:

H. 4936 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO CONGRATULATE AND COMMEND RYON A. WATKINS OF LEE COUNTY UPON BEING NAMED THE SOUTH CAROLINA EMS DIRECTOR OF THE YEAR FOR 2003 AND TO THANK HIM FOR HIS WORK ON BEHALF OF LEE COUNTY AND THE STATE OF SOUTH CAROLINA.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4938 (Word version) -- Reps. W. D. Smith, Coleman, Harrison, J. E. Smith and Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF SUCCESSFUL PROSECUTOR, RESPECTED ATTORNEY, LOYAL FRIEND, AND FAMILY MAN, JAMES C. "JIM" ANDERS OF COLUMBIA, ON SATURDAY, MARCH 6, 2004, AND TO CONVEY THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

ROLL CALL

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

Altman                 Anthony                Bales
Barfield               Bingham                Branham
Breeland               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Emory
Freeman                Frye                   Gourdine
Hagood                 Hamilton               Harrell
Harrison               Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hosey                  Huggins                Keegan
Kirsh                  Koon                   Leach
Lee                    Littlejohn             Lloyd
Loftis                 Lucas                  Mahaffey
McCraw                 McGee                  McLeod
Merrill                J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parks                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Richardson             Rivers
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            G. R. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Talley                 Taylor
Toole                  Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  Whipper
White                  Whitmire               Wilkins
Witherspoon            Young

STATEMENT OF ATTENDANCE

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

Karl Allen                        Vida Miller
Ronald Townsend                   Kenneth Kennedy
James Battle                      Joe Brown
JoAnne Gilham                     Gloria Haskins
George Bailey                     Becky Martin
Michael Thompson                  Harry Stille
Leon Howard                       Fletcher Smith
Bessie Moody-Lawrence             H.B. "Chip" Limehouse
Jerry Govan                       Ralph Davenport
Olin Phillips                     William Bowers
Richard Quinn                     Alex Harvin
Grady Brown                       Douglas Jennings
Joel Lourie                       Todd Rutherford
G. Murrell Smith                  David Mack

Total Present--123

LEAVE OF ABSENCE

The SPEAKER granted Rep. G. BROWN a temporary leave of absence due to attending a funeral.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MACK a temporary leave of absence due to a family emergency.

DOCTOR OF THE DAY

Announcement was made that Dr. Gene Dickson of Sumter is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. BALES and NEILSON presented to the House a delegation of students, faculty and representatives of the Governor's School for the Arts and Humanities and the Governor's School for Science and Mathematics recognizing them for their accomplishments.

SPECIAL PRESENTATION

Rep. MCCRAW presented to the House the Gaffney High School "Indians" Boys Varsity Basketball Team, the 2004 Class AAAA Champions and the Gaffney High School "Indians" Varsity Football Team, the AAAA Champions, and their coaches.

CO-SPONSOR ADDED

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

CO-SPONSOR ADDED

Bill Number:   H. 4124 (Word version)
Date:   ADD:
03/11/04   CLEMMONS

H. 4925--AMENDED AND INTERRUPTED DEBATE

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

H. 4925--THE GENERAL APPROPRIATION BILL

H. 4925 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2004; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

PART IB

SECTION 17

Section 17 was adopted.

SECTION 21--ADOPTED

Rep. LUCAS proposed the following Amendment No. 157 (Doc Name h:\legwork\house\amend\h-wm\009\lucas forestry sales.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 21, FORESTRY COMMISSION, page 395, after line 29, by adding an appropriately numbered paragraph to read:
/(FC: Sale of Forest Products)The State Treasurer shall pay to any county containing state forest lands an amount equal to fifty per cent of the gross proceeds received by the State in the current fiscal year from the sale of timber, pulpwood, poles, gravel, land rentals and other privileges on such state forest lands in any such county. This provision shall apply to all state forest lands managed or operated by the State Commission of Forestry whether they be owned in fee by the State or leased from the United States, but this provision shall not apply to state parks. The funds herein provided for shall be spent for general school purposes. Where a particular state forest lies in more than one county or school district, the funds derived from such state forest and to be paid by the State Treasurer shall be apportioned on the basis of land acreage involved. All funds distributed under the provisions of this section shall be spent upon the approval of a majority of the county legislative delegation, including the Senator. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LUCAS explained the amendment.

POINT OF ORDER

Rep. HAYES raised the Point of Order that Amendment No. 157 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment was germane to the Bill and he therefore overruled the Point of Order.

Rep. LUCAS continued speaking.

Rep. HARRELL moved to table the amendment.

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

Yeas 63; Nays 35

Those who voted in the affirmative are:

Altman                 Barfield               Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Cooper
Cotty                  Dantzler               Edge
Frye                   Gilham                 Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Littlejohn             Loftis                 Mahaffey
McCraw                 McLeod                 Merrill
Owens                  Perry                  Pinson
Rhoad                  Rice                   Richardson
Sandifer               Scarborough            Sinclair
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--63

Those who voted in the negative are:

Anthony                Bailey                 Bales
Battle                 Branham                Breeland
R. Brown               Clyburn                Coates
Cobb-Hunter            Coleman                Delleney
Emory                  Freeman                Gourdine
J. Hines               M. Hines               Hosey
Kennedy                Lee                    Lloyd
Lourie                 Lucas                  Miller
J. H. Neal             J. M. Neal             Ott
Parks                  Rivers                 Scott
Simrill                Snow                   Stille
Weeks                  Whipper

Total--35

So, the amendment was tabled.

Section 21 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 24--AMENDED AND ADOPTED

Reps. DUNCAN, M.A. PITTS and HARRELL proposed the following Amendment No. 313 (Doc Name h:\legwork\house\amend\h-wm\009\duncan revised wildlife magazine.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 24, DEPARTMENT OF NATURAL RESOURCES, page 399, paragraph 4, line 1, by striking /No general funds/ and inserting /The department may use private and corporate donations to operate the magazine. For Fiscal Year 2004-05, the department may continue to use funds generated by the Wildlife Shop to assist in the operations of the magazine. After June 30, 2005, only funds generated by the magazine, its advertising, and private and corporate donations/
Amend the bill further, as and if amended, page 399, paragraph 4, line 2, by inserting at the end:
/All costs related to the magazine must be charged to the magazine./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 24, as amended, was adopted.

SECTION 25

Section 25 was adopted.

SECTION 26--AMENDED AND ADOPTED

Rep. HARRELL proposed the following Amendment No. 36 (Doc Name h:\legwork\house\amend\h-wm\005\harrell 320k mtech.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 402, after line 3, by adding an appropriately numbered paragraph to read:
/Of the funds appropriated to PRT for the Palmetto Bowl, the department is directed to transfer $320,000 to Midlands Technical College to be used for the nursing program. PRT is directed to retain the balance of funding provided in this act for the Palmetto Bowl until such time as the department is confident that the bowl game will be held in South Carolina./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 26, as amended, was adopted.

SECTION 27

Section 27 was adopted.

SECTION 28

Section 28 was adopted.

SECTION 35--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 167 (Doc Name h:\legwork\house\amend\h-wm\005\kirsh del ind def 1b.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 35, COMMISSION ON INDIGENT DEFENSE, page 413, paragraph 35.14, line 12, by striking:/the proviso in its entirety/.
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 35, as amended, was adopted.

SECTION 36--AMENDED AND ADOPTED

Rep. YOUNG proposed the following Amendment No. 137 (Doc Name h:\legwork\house\amend\h-wm\002\36.1overriddenveyng.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 414, paragraph 1, line 10, by striking /RESERVED/ and reinserting / (DPS: Special Events Traffic Control) The Highway Patrol must not charge any fee associated with special events for maintaining traffic control and ensuring safety on South Carolina public roads and highways unless approved by the General Assembly. Nothing shall prohibit the Treasury of the State from accepting voluntary payment of fees from private or public entities to defray the actual expenses incurred for services provided by the Department of Public Safety. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 36, as amended, was adopted.

SECTION 36A

Section 36A was adopted.

SECTION 37--AMENDED AND ADOPTED

Reps. LIMEHOUSE, COBB-HUNTER and MCGEE proposed the following Amendment No. 320 (Doc Name h:\legwork\house\amend\h-wm\010\delete e.h.cooper fund fee.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 422, paragraph 32, line 31, by striking:/the proviso in its entirety./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. CLEMMONS proposed the following Amendment No. 325 (Doc Name h:\legwork\house\amend\council\swb\5911mm04.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 423, after line 2, by inserting an appropriately numbered paragraph to read:
/ 37.__   Of those funds appropriated to the Department of Corrections for fiscal year 2004-2005, the department, when providing transportation to an inmate discharged from the penitentiary, shall provide such transportation only to a destination:

(1)   where the inmate has employment arranged, and documentation has been provided by the employer to the department of such employment;

(2)   where the inmate has family residing, and documentation has been provided to the department by the family that they will provide support and assistance to the inmate;

(3)   in the county where the residence of record of the inmate is located; or

(4)   in the county in which the inmate was arrested.

If documentation is not provided in accordance with item (1) or (2) and there is no residence of record for the inmate, the inmate must be transported to the county in which he was arrested.

If public transportation does not serve the county to which the inmate is to be transported, the department shall provide transportation to the nearest location served by public transportation. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. CLEMMONS explained the amendment.

Rep. MOODY-LAWRENCE moved to table the amendment.

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

Yeas 37; Nays 65

Those who voted in the affirmative are:

Allen                  Anthony                J. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Freeman                Frye
Gourdine               Govan                  J. Hines
M. Hines               Hosey                  Jennings
Kennedy                Kirsh                  Lee
Lloyd                  Lourie                 McLeod
Merrill                Miller                 Moody-Lawrence
J. H. Neal             Perry                  Phillips
Rivers                 Rutherford             Scott
F. N. Smith            J. E. Smith            Snow
Stewart                Stille                 Talley
Weeks

Total--37

Those who voted in the negative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Breeland
Cato                   Chellis                Clark
Clemmons               Coates                 Cooper
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Emory
Gilham                 Hagood                 Hamilton
Harrell                Haskins                Herbkersman
Hinson                 Huggins                Keegan
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               McCraw                 McGee
J. M. Neal             Owens                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Richardson             Sandifer               Scarborough
Simrill                Skelton                D. C. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
White                  Whitmire               Wilkins
Witherspoon            Young

Total--65

So, the House refused to table the amendment.

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

Section 37, as amended, was adopted.

SECTION 39--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 86 (Doc Name h:\legwork\house\amend\h-wm\009\kirsh delete djj dorm renovations .doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 425, paragraph 12, line 13, by striking the paragraph in its entirety./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 39, as amended, was adopted.

SECTION 41--AMENDED AND ADOPTED

Rep. YOUNG proposed the following Amendment No. 138 (Doc Name h:\legwork\house\amend\council\ggs\22522htc04.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 41, STATE COMMISSION FOR MINORITY AFFAIRS, page 426, by adding an appropriately numbered paragraph at the end to read:
/     41.____   (CMA:   Carry Forward Bingo Revenues) Bingo revenues received by the commission in the prior fiscal year pursuant to Section 12-21-4200(3) of the 1976 Code which are not expended during that fiscal year may be carried forward to be expended in the current fiscal year. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 41, as amended, was adopted.

SECTION 47--AMENDED AND ADOPTED

Rep. YOUNG proposed the following Amendment No. 140 (Doc Name h:\legwork\house\amend\h-wm\006\safreinsert.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 47, Department of Insurance, page 428, line 29, by adding an appropriately numbered paragraph to read:/ (INS: SAF Educational Seminar Revenue) The State Accident Fund is authorized to set and collect fees for educational seminars. All revenue earned from educational seminars shall be retained by the agency and used for supplies, materials, and other expenses relating to the seminars./.
Renumber sections to conform.
Amend totals and titles to conform.

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

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Proviso 47.4 was out of order as it was not germane to the Bill under Rule 5.3.
SPEAKER WILKINS overruled the Point of Order.

Rep. J.E. SMITH proposed the following Amendment No. 44 (Doc Name h:\legwork\house\amend\h-wm\008\delete 47.4.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 47, DEPARTMENT OF INSURANCE, page 428, paragraph 4, lines 24-28, by striking the proviso in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 59 to 37.

Section 47, as amended, was adopted.

SECTION 50--AMENDED AND ADOPTED

Reps. HAGOOD, YOUNG, MCLEOD and COATES proposed the following Amendment No. 121 (Doc Name h:\legwork\house\amend\h-wm\008\50.14 geologists reg bd.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 50, DEPARTMENT OF LABOR, LICENSING AND REGULATION, page 431, paragraph 14, lines 3-4, by striking the proviso in its entirety and inserting /DELETED/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. KIRSH proposed the following Amendment No. 321 (Doc Name h:\legwork\house\amend\council\nbd\12304ac04.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 50, DEPARTMENT OF LABOR, LICENSING AND REGULATION, page 431, immediately after line 6, by inserting an appropriately numbered paragraph to read:
/50.__   For fiscal year 2004-2005, the South Carolina Building Codes Council may establish various fees for the proper enforcement and implementation of its responsibilities under Chapter 43, Title 23 of the 1976 Code. These fees must be based upon the costs of administering the provisions of Chapter 43 and must give due regard to the time spent by department personnel in performing duties pursuant to this chapter. Any adjustments to these fees must be made in accordance with procedures in Title 40, Chapter 1. Fees may be charged to any person engaged in the manufacture, inspection, or installation of modular building units. All funds collected must be retained by the council to administer the provisions of Chapter 23. /
Amend the bill further, Part IB, Department of Labor, Licensing and Regulation, page 431 immediately after line 6, by inserting an appropriately numbered paragraph to read:
/50.__   For fiscal year 2004-2005, the Department of Labor, Licensing and Regulation shall charge and collect fees for inspection, permits, and licenses, and these fees must be based upon the costs of administering Chapter 16 of Title 41 of the 1976 Code. Any adjustments to these fees must be made in accordance with procedures established in Title 40, Chapter 1. No permit or license may be issued by the department to a person who has failed to pay applicable fees, and all unpaid fees are subject to the collection and enforcement provisions of the Set-off Debt Collection Act./
Amend the bill further, Part IB, Department of Labor, Licensing and Regulation, page 431, immediately after line 6, by inserting an appropriately numbered paragraph to read:
/50.__   For fiscal year 2004-2005, the Director of the Department of Labor, Licensing and Regulation shall charge and collect reasonable fees for inspections, permits, licenses, and for any other activity under Chapter 18, Title 41 of the 1976 Code, and these fees must be based upon the costs of administering Chapter 18. Any adjustments to fees must be made in accordance with procedures in Title 40, Chapter 1. No permit or license may be issued to a person who has failed to pay applicable fees and all unpaid fees are subject to the collection and enforcement provisions of the Set-off Debt Collection Act./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 50, as amended, was adopted.

SECTION 51

Section 51 was adopted.

SECTION 54--AMENDED AND ADOPTED

Rep. PARKS proposed the following Amendment No. 2 (Doc Name h:\legwork\house\amend\h-wm\004\jdlhstudy.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 54, LEGISLATIVE DEPARTMENT, page 438, after line 4, by adding an appropriately numbered paragraph to read:
/The Legislative Audit Council is directed to conduct a study of the John de la Howe School. This study should measure the effectiveness of the current programs at the school, and present alternatives to the General Assembly regarding utilization of the school's land and funding as well as potential restructuring options for the school./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. PARKS explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 43; Nays 62

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Cato                   Ceips                  Chellis
Clemmons               Cooper                 Cotty
Dantzler               Davenport              Gilham
Hagood                 Harrell                Haskins
Herbkersman            Hinson                 Keegan
Kirsh                  Leach                  Limehouse
Lucas                  Mahaffey               McGee
Merrill                Perry                  Quinn
Rice                   Sandifer               Scarborough
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            Stewart                Townsend
Tripp                  Trotter                Vaughn
Walker                 White                  Wilkins
Young

Total--43

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Bingham                Bowers
Branham                Breeland               J. Brown
Clark                  Clyburn                Coates
Cobb-Hunter            Coleman                Duncan
Emory                  Freeman                Frye
Gourdine               Govan                  Hayes
J. Hines               M. Hines               Hosey
Howard                 Huggins                Kennedy
Koon                   Lee                    Lloyd
Lourie                 Martin                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Phillips
Pinson                 E. H. Pitts            Richardson
Rivers                 Rutherford             Scott
Simrill                Sinclair               F. N. Smith
G. M. Smith            J. E. Smith            Snow
Stille                 Talley                 Taylor
Thompson               Toole                  Viers
Weeks                  Whitmire

Total--62

So, the House refused to table the amendment.

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

Reps. GOVAN and HOSEY proposed the following Amendment No. 330 (Doc Name h:\legwork\house\amend\council\gjk\ 21069sd04.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 54, LEGISLATIVE DEPARTMENT, page 438, by adding an appropriately numbered paragraph to read:
/   54.____.   (A)   During fiscal year 2004-2005, a committee composed of the following members shall study the Judicial nominating process in this State:

(1)   five members appointed by the Governor and of these appointments:

(a)   one member must be selected from a list of three nominations submitted by the Legislative Black Caucus; and

(b)   one member must be selected from a list of three nominations submitted by the South Carolina Bar Association; and

(c)   one member must be selected from a list of three nominations submitted by the South Carolina Black Lawyers Association; and

(d)   two members must be selected from the State at-large; and

(2)   one member must be appointed by the Speaker of the House of Representatives and one member must be appointed by the President Pro Tempore of the Senate; and

(3)   one member must be appointed by the House Majority Leader and one member must be appointed by the Senate Majority Leader; and

(4)   one member must be appointed by the House Minority Leader and one member must be appointed by the Senate Minority Leader.

(B)   The committee shall render its report to the General Assembly on July 1, 2005. It shall, among other recommendations, make specific recommendations as to the composition of the Judicial Merit Selection Commission and the number of nominations for each vacancy the commission shall make.

(C)   The members of the study committee shall be paid the usual mileage, subsistence, and per diem paid to members of state boards, commissions, and committees. These per diem expenses together with the other expenses of the committee shall be paid from the approved accounts of the House of Representatives and the Senate equally. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 330 was out of order in that it was not germane to the Bill under Rule 5.3 B.
SPEAKER WILKINS stated that the amendment was germane to the Bill because it related to the appropriation of funds and he therefore overruled the Point of Order.

Rep. HARRELL moved to table the amendment.

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

Yeas 67; Nays 37

Those who voted in the affirmative are:

Altman                 Barfield               Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Hagood
Harrell                Haskins                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            Stewart                Talley
Taylor                 Toole                  Townsend
Tripp                  Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--67

Those who voted in the negative are:

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

Total--37

So, the amendment was tabled.
Reps. GOVAN and HOSEY proposed the following Amendment No. 331 (Doc Name h:\legwork\house\amend\council\gjk\ 21068sd04.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 54, LEGISLATIVE DEPARTMENT, page 438, by adding an appropriately numbered paragraph to read:
/   54.____.   (A)   For fiscal year 2004-2005 only, the composition of the Judicial Merit Selection Commission shall be as follows:

(1)   five members appointed by the Governor and of these appointments:

(a)   one member must be selected from a list of three nominations submitted by the Legislative Black Caucus; and

(b)   one member must be selected from a list of three nominations submitted by the South Carolina Bar Association; and

(c)   one member must be selected from a list of three nominations submitted by the South Carolina Black Lawyers Association; and

(d)   two members must be selected from the State at-large; and

(2)   one member must be appointed by the Speaker of the House of Representatives and one member must be appointed by the President Pro Tempore of the Senate; and

(3)   one member must be appointed by the House Majority Leader and one member must be appointed by the Senate Majority Leader; and

(4)   one member must be appointed by the House Minority Leader and one member must be appointed by the Senate Minority Leader.

(B)   For fiscal year 2004-2005 only, there shall be no limit on the number of nominations the commission may make for a particular judicial office provided all candidates are found qualified by the commission.

(C)   For fiscal year 2004-2005 only, the members of the commission shall receive a salary of one thousand dollars per year to be paid from the approved accounts of the House of Representatives and the Senate equally. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 61; Nays 36

Those who voted in the affirmative are:

Altman                 Barfield               Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Cooper
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Gilham                 Hagood                 Harrell
Harrison               Herbkersman            Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Limehouse
Lucas                  Mahaffey               Merrill
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Sandifer
Scarborough            Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Tripp                  Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--61

Those who voted in the negative are:

Allen                  Anthony                Bales
Battle                 Bowers                 Branham
Breeland               J. Brown               R. Brown
Clyburn                Cobb-Hunter            Freeman
Gourdine               Govan                  Hayes
J. Hines               M. Hines               Hosey
Howard                 Kennedy                Lee
Lloyd                  McLeod                 Moody-Lawrence
J. H. Neal             Neilson                Ott
Parks                  Phillips               Rhoad
Scott                  J. E. Smith            Snow
Trotter                Weeks                  Whipper

Total--36

So, the amendment was tabled.

Section 54, as amended, was adopted.

SECTION 63--AMENDED AND ADOPTED

Rep. J.E. SMITH proposed the following Amendment No. 73 (Doc Name h:\legwork\house\amend\h-wm\002\5% bpi jesmith.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 458, paragraph 46, lines 23 and 28, by striking /2%/ and inserting /5%/
Amend the bill further, as and if amended, page 459, paragraph 46, lines 2, 4, and 6 by striking /2%/ and inserting /5%/
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. COOPER moved to table the amendment.

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

Yeas 55; Nays 39

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clemmons               Coates
Cooper                 Dantzler               Duncan
Edge                   Gilham                 Hagood
Harrell                Haskins                Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Mahaffey
Martin                 McGee                  Owens
Perry                  E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Richardson
Sandifer               Simrill                Sinclair
D. C. Smith            G. R. Smith            W. D. Smith
Stewart                Stille                 Taylor
Thompson               Townsend               Tripp
Umphlett               Vaughn                 White
Whitmire               Wilkins                Witherspoon
Young

Total--55

Those who voted in the negative are:

Allen                  Anthony                Bales
Bowers                 Branham                J. Brown
R. Brown               Clark                  Clyburn
Cobb-Hunter            Coleman                Emory
Freeman                Gourdine               Govan
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Kennedy
Lee                    Lloyd                  Lourie
Lucas                  McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Phillips               Rutherford             Scott
F. N. Smith            J. E. Smith            Weeks

Total--39

So, the amendment was tabled.

Rep. J. E. SMITH proposed the following Amendment No. 74 (Doc Name h:\legwork\house\amend\h-wm\002\4% bpi jan1 jes.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 458, paragraph 46, lines 23 and 28, by striking /2%/ and inserting /4%/
Amend the bill further, as and if amended, page 458, paragraph 46, lines 23 and 25 by striking /July/ and inserting /January/
Amend the bill further, as and if amended, page 459, paragraph 46, lines 1, 4, and 5 by striking /July/ and inserting /January/
Amend the bill further, as and if amended, page 459, paragraph 46, lines 2, 4, and 6 by striking /2%/ and inserting /4%/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

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

SPEAKER PRO TEMPORE IN CHAIR

Rep. J. E. SMITH continued speaking.
Rep. HOWARD spoke in favor of the amendment.

Rep. WILKINS moved cloture on the Section.

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

Yeas 81; Nays 33

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                J. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Cooper
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Freeman
Frye                   Hagood                 Hamilton
Harrell                Harrison               Haskins
Hayes                  Herbkersman            Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Lee
Littlejohn             Lucas                  Mahaffey
Martin                 McGee                  Merrill
Neilson                Owens                  Perry
Phillips               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                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--81

Those who voted in the negative are:

Allen                  Bowers                 Branham
Breeland               R. Brown               Clyburn
Cobb-Hunter            Coleman                Davenport
Emory                  Gourdine               Govan
J. Hines               M. Hines               Hosey
Howard                 Kennedy                Lloyd
Lourie                 McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Ott                    Parks                  Rivers
Rutherford             Scott                  J. E. Smith
Snow                   Weeks                  Whipper

Total--33

So, cloture was ordered.

SPEAKER IN CHAIR

The question then recurred to the adoption of the amendment.

Rep. TAYLOR moved to table the amendment.

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

Yeas 57; Nays 47

Those who voted in the affirmative are:

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

Total--57

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Barfield               Bowers
Branham                Breeland               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Davenport              Emory                  Freeman
Gourdine               Hayes                  J. Hines
M. Hines               Hosey                  Howard
Kennedy                Lee                    Lloyd
Lourie                 Lucas                  McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Phillips               Quinn                  Rhoad
Rivers                 Rutherford             Scott
F. N. Smith            G. M. Smith            J. E. Smith
Snow                   Stille                 Townsend
Walker                 Weeks

Total--47

So, the amendment was tabled.

Reps. HARRELL, LIMEHOUSE, KOON, SCOTT, YOUNG and CLYBURN proposed the following Amendment No. 237 (Doc Name h:\legwork\house\amend\h-wm\002\63.45 lepsr2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 458, paragraph 45, line 12, by striking /facilitate/ and inserting /conduct/
Amend the bill further, as and if amended, page 458, paragraph 45, line 15, by striking /collaborate/ and inserting /cooperate/
Amend the bill further, as and if amended, page 458, paragraph 45, by striking lines 16-17, and inserting /salary ranges, average salaries within salary ranges, average salary within each salary range in required training for each salary range. Results of this review shall be reported to the Chairmen of the Senate Finance Committee and the House/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. KIRSH proposed the following Amendment No. 84 (Doc Name h:\legwork\house\amend\h-wm\002\sch bus drivers bpi.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 459, paragraph 46, line 3, after "providers" by inserting: /and school bus drivers/
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. HARRELL and WILKINS proposed the following Amendment No. 172 (Doc Name h:\legwork\house\amend\h-wm\005\lawsuitfunding.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 459, after line 12, by adding an appropriately numbered paragraph to read:
/(BCB: Lawsuit Funding) The Executive Director shall pay from the Insurance Reserve Fund the defense costs of the State, which are incurred in Fiscal Year 2004-05, in the Abbeville school funding litigation. The appropriate official from the House of Representatives and the Senate must certify to the Executive Director on a monthly basis the costs incurred in defense of this litigation. Upon receipt of the certification, the Executive Director shall pay the provider of these services the amount certified./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARRELL explained the amendment.

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

The amendment was then adopted.

Reps. HARRELL, LIMEHOUSE, KOON, SCOTT and YOUNG proposed the following Amendment No. 238 (Doc Name h:\legwork\house\amend\h-wm\006\leoincfund2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 459, after line 12, by adding an appropriately numbered paragraph to read:
/ (BCB: Law Enforcement Salary Increase Fund) The funds appropriated in Part IA of this Act I in Section 24 ($505,000), Section 36 ($2,900,000), and Section 56B ($930,000) to provide pay increases to law enforcement personnel at the Department of Natural Resources, the Department of Public Safety, and the State Law Enforcement Division are hereby transferred to Section 63B, B&C- Employee Benefits for the creation of a Law Enforcement Salary Increase Fund, from which the board will distribute funds to agencies to provide salary increases to law enforcement personnel as directed below. The amounts transferred to the Budget and Control Board for the Law Enforcement Salary Increase Fund must be allocated by the Board to the following state agencies: the Department of Public Safety, the Department of Natural Resources, the Department of Corrections, the Department of Juvenile Justice, the Department of Probation, Pardon and Parole Services, and the State Law Enforcement Division. It is the intent of the General Assembly to provide the necessary funding for these agencies to award up to a 7.5% base pay increase to the law enforcement personnel in the following state classifications at Band 6 and below in these agencies:   Department of Public Safety - Law Enforcement Officer I, Law Enforcement Officer II, and Law Enforcement Officer III;   Department of Natural Resources - Law Enforcement Officer I, Law Enforcement Officer II, and Law Enforcement Officer III;   Department of Corrections - Correctional Officer I, Correctional Officer II, Correctional Officer III, and Correctional Officer IV; Department of Juvenile Justice - Correctional Officer I, Correctional Officer II, Correctional Officer III, and Correctional Officer IV;   Department of Probation, Pardon and Parole Services - Probation and Parole Specialist, Probation and Parole Agent, Probation and Parole Manager I, and Probation and Parole Manager II; and State Law Enforcement Division - Law Enforcement Officer I, Law Enforcement Officer II, and Law Enforcement Officer III.

The 7.5% base pay increase provided to these employees includes the 2% base pay increase provided to these employees in Section 63.46 of this Act. These pay increases must be made effective the first pay date on or after July 1 of the current fiscal year.
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. GOVAN and HOSEY proposed the following Amendment No. 327 (Doc Name h:\legwork\house\amend\h-wm\005\govan sch bus driv 3%.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 459, paragraph 46, line after line 6, by inserting an appropriately numbered item:
/ . Effective on the first pay date that occurs on or after July 1 of the current fiscal year, school bus drivers shall receive an annualized base pay increase of 3%. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 61; Nays 34

Those who voted in the affirmative are:

Bailey                 Battle                 Bingham
Cato                   Chellis                Clark
Clemmons               Cooper                 Cotty
Dantzler               Delleney               Duncan
Edge                   Frye                   Gilham
Harrell                Haskins                Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Lucas
Mahaffey               McCraw                 McGee
Owens                  Perry                  Phillips
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            Talley
Taylor                 Thompson               Toole
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--61

Those who voted in the negative are:

Allen                  Anthony                Bales
Bowers                 Breeland               J. Brown
R. Brown               Clyburn                Emory
Freeman                Gourdine               Govan
Hayes                  J. Hines               M. Hines
Hosey                  Jennings               Kennedy
Lee                    Lloyd                  Lourie
Martin                 McLeod                 Moody-Lawrence
J. M. Neal             Ott                    Parks
Rhoad                  Rutherford             Scott
J. E. Smith            Snow                   Townsend
Weeks

Total--34

So, the amendment was tabled.

Rep. HARRELL proposed the following Amendment No. 34 (Doc Name h:\legwork\house\amend\h-wm\002\grf transfer.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, B&C BD - CAPITAL AND GENERAL RESERVE FUNDS, page 460, after line 3, by adding an appropriately numbered paragraph to read:
/(CRF/GRF: General Reserve Fund Transfer) The State Treasurer's Office is authorized to transfer $50,000,000 of general funds to the General Reserve Fund on July 1, 2004, to comply with Article III, Section 36 of the S. C. Constitution. The budgetary treatment of this transfer must be subtracted from total general fund revenues before applying a percentage in calculations of any spending formulas based on a percentage of general fund revenues./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. OTT, LUCAS, COATES and COOPER proposed the following Amendment No. 333 (Doc Name h:\legwork\house\amend\ council\swb\5917mm04.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, by adding an appropriately numbered paragraph after line 12 on page 459 to read:
/   63.__.   (BCB:Rural Infrastructure Trust Fund)   (A)   For the current fiscal year, there is established in the Office of Local Government of the State Budget and Control Board the South Carolina Rural Infrastructure Trust Fund. The Office of Local Government is authorized to do the following in connection with the fund: (1) award grants or loans to eligible trust fund projects as determined by the Office of Local Government; (2) apply for and receive additional funding for the trust fund from other sources to be used as provided in this paragraph; (3) exercise its discretion in determining what portion of trust funds must be expended or awarded in the current fiscal year. Funds within the trust fund must be invested or deposited into interest-bearing instruments or accounts, with the interest accruing and credited to the fund; (4) coordinate the trust fund with applicable federal programs; (5) apply for and receive funds from other sources which may be deposited in the trust fund and establish accounts and subaccounts as necessary to its purposes. To carry out the functions of the trust fund, the Office of Local Government shall: (1)operate a program in order to implement the purposes of this paragraph; (2) develop additional guidelines and prescribe procedures consistent with the purposes of the trust fund; (3) submit a report at the end of the current fiscal year to the Governor, Lieutenant Governor, and General Assembly that accounts for trust fund and other program receipts, briefly describes grants and loans that were approved by the Office of Local Government during the fiscal year, and describes recipients of trust fund grants; (4) have a financial audit of the trust fund conducted by the State Auditor or an outside independent certified public accountant.

(B)   Earnings on the trust fund are retained in the trust fund. The trust fund may receive revenues from any source the General Assembly may provide by law and from governmental grants. Trust fund revenues may be used only for rural development as determined by the Office of Local Government. An eligible trust fund recipient may apply for a grant or loan from the trust fund to fund an eligible trust fund project. A grant or loss from the trust fund must be awarded based upon, and each application by a qualifying entity shall provide information regarding how the proposal meets, one or more of the following criteria and advances the purposes of the trust fund: population, economic development, unemployment, the level of infrastructure, and job creation.

(C)   The trust fund may receive funds allocated or appropriated for purposes of water or sewer grants, or both, or for other programs as authorized by this paragraph, and it may receive revenues collected for purposes of grants pursuant to the provisions of this paragraph. For the current fiscal year only, the first three million dollars generated from three cents of the motor fuels user fee levied pursuant to Section 12-28-2910 must be segregated in a separate account and deposited in the South Carolina Rural Infrastructure Bank Trust Fund. This account may be expended only upon the authorization of the Office of Local Government which shall establish project priorities.
(d)   Any tobacco settlement funds allocated to or administered by the Office of Local Government for the current or past fiscal years must be placed in the trust fund and used for the purposes described in this paragraph or as determined by the Office of Local Government./
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Rep. LUCAS explained the amendment.

Rep. OTT spoke in favor of the amendment.
Rep. COATES spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.

The amendment was then adopted.

Section 63, as amended, was adopted.

SECTION 63B

Section 63B was adopted.

Rep. HARRELL moved that the House recede until 2:15 p.m., which was agreed to.

MOTION NOTED

Rep. RICE moved to reconsider the vote whereby Amendment No. 2 was adopted in Section 54, Part IB and the motion was noted.

Further proceedings were interrupted by the House receding, the pending question being consideration of Section 72, Part IB.

THE HOUSE RESUMES

At 2:15 p.m. the House resumed, Acting Speaker CLEMMONS in the Chair.

SPEAKER PRO TEMPORE IN CHAIR

POINT OF QUORUM

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

SPEAKER IN CHAIR

H. 4925--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Section 72, Part IB.

H. 4925--THE GENERAL APPROPRIATION BILL

H. 4925 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2004; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

PART IB

SECTION 72--AMENDED AND ADOPTED

Rep. DAVENPORT proposed the following Amendment No. 7 (Doc Name h:\legwork\house\amend\h-wm\003\best practices.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 482, paragraph 63, line 17, by inserting prior to /By September 1 of each year/ the following: /Using a format similar to the Department of Transportation's best management practices report,/
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Rep. DAVENPORT explained the amendment.
The amendment was then adopted.

Reps. HARRELL, COOPER and CHELLIS proposed the following Amendment No. 37 (Doc Name h:\legwork\house\amend\h-wm\005\harrell delete 72.85 cafr.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 487, paragraph 72.85, line 24, by striking:/the paragraph in its' entirety/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. COTTY proposed the following Amendment No. 196 (Doc Name h:\legwork\house\amend\council\dka\3821dw04.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 489, after line 3, by adding an appropriately numbered paragraph to read:
/ 72.   (GP: Assessment Audit) (1) The State Auditor shall periodically examine the books, accounts, receipts, disbursements, vouchers, and any records deemed necessary of the county treasurers, municipal treasurers, county clerks of court, magistrates, and municipal courts to report whether the assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, magistrates court, and municipal court are properly collected and remitted to the State. In addition, the purpose of these audits is to determine if the proper amount of funds have been reported, retained, and allocated for victim services in accordance with state law. These audits must be performed in accordance with standard auditing practices to include the right to respond to findings before the publishing of the audit report. The State Auditor is directed to submit a copy of the completed audit report to the Chairmen of the House Ways & Means Committee, Senate Finance Committee, House Judiciary Committee, Senate Judiciary Committee, and the Governor. If the State Auditor finds that any authority has over remitted the state's portion of the funds collected by the authority or over reported or over retained crime victim funds, the State Auditor shall notify the State Treasurer to make the appropriate adjustment to the authority. If the State Auditor finds that any authority has under remitted, incorrectly reported, incorrectly retained, or incorrectly allocated the state or victim services portion of the funds collected by the authority, the State Auditor shall determine where the error was made. If the error is determined to have been made by the county or municipal treasurer's office, the State Auditor shall notify the State Office of Victim Assistance for the crime victim portion and the chief administrator of the county or municipality of the findings and, if full payment has not been made by the county or municipality within ninety days of the audit notification, the State Treasurer is directed to adjust the authority's aid to subdivisions funding in an amount equal to the amount determined by the State Auditor to be the state's portion; or equal to the amount incorrectly reported, retained, or allocated pursuant to Sections 14-1-206(B)(D), 14-1-207(B)(D), 14-1-208(B)(D), and 14-1-211(B) of the 1976 Code.

If an error is determined to have been made at the magistrate, municipal, family, or circuit courts, the State Auditor shall notify the responsible office, their supervising authority, and the Chief Justice of the State. If full payment has not been made by the court within ninety days of the audit notification, the chief magistrate or municipal court or clerk of court shall remit an amount equal to the amount determined by the State Auditor to be the state's portion or the crime victim fund portion within ninety days of the audit notification.

(2)   The State Auditor is further authorized to conduct these examinations and the local authority is required to participate in and cooperate fully with the examination. The State Auditor is authorized to subcontract with independent auditors on audits required in subsection (1). The State Auditor is encouraged to create an audit team to perform these audits. The State Treasurer is authorized to transfer the first $10,900 received from the General Sessions Court pursuant to Section 14-1-206, the first $136,600 received from the Magistrates Court pursuant to Section 14-1-207, and the first $102,500 received from the Municipal Court pursuant to Section 14-1-208 for a total of $250,000 dollars to the State Auditor's Office to fund these audits as required in subsection (1). Notwithstanding another provision of law, a state agency or local governmental entity receiving assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, magistrates court and municipal court is authorized to use any of their funds to assist the State Auditor's Office in funding these audits.

(3)   Each municipality shall submit a copy of its annual audit report as provided in Section 5-7-240 of the 1976 Code without charge to both the State Treasurer's Office and the State Auditor's Office within thirty days of such report being made public. If a municipality fails to provide the copy of the annual audit within the above prescribed time period the State Treasurer's Office is authorized to withhold the municipality's aid to subdivision until the annual audit report is properly filed.

(4)   The State Treasurer's Office and South Carolina Court Administration shall make available annually training on the collection and distribution of assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court, magistrates court and municipal court for the counties, municipalities, and court employees. /
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Rep. COTTY explained the amendment.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 196 was out of order in that it amended the aid to subdivision funding statutes and was in violation of Code Section 6-27-50.
Rep. HARRELL argued that the amendment did not change Code Section 6-27-50, it only enforced it.
SPEAKER WILKINS stated that the amendment did not directly impact the aid to subdivision funding and he therefore overruled the Point of Order.

The amendment was then adopted.

Rep. J.E. SMITH proposed the following Amendment No. 76 (Doc Name h:\legwork\house\amend\h-wm\002\72 annual lv buy back jes.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 489, after line 3, by adding an appropriately numbered paragraph to read:
/(GP: Annual Leave Buy Back Program) Notwithstanding any other provision of law, state employees in FTE positions, during Fiscal Year 2004-05, may exchange annual leave days for a lump sum payment. Employees may exchange two days of annual leave for the equivalent payment of one average workday. The maximum number of annual leave days that may be exchanged in a fiscal year is fourteen. The minimum increment of leave that may be exchanged for a lump sum payment in any fiscal year is two average workdays of leave. Participation in the program is voluntary and irrevocable. The election period to participate begins September 1 and ends December 31 with a payout effective on the first pay date that occurs on or after February 1 of Fiscal Year 2004-05. The Budget and Control Board shall promulgate guidelines and policies, as necessary, to implement the provisions of this proviso. This payment is not a part of the employee's base salary and is not earnable compensation for purposes of employee and employer contributions to respective retirement systems./
Renumber sections to conform.
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Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.

Rep. SCOTT proposed the following Amendment No. 81 (Doc Name h:\legwork\house\amend\h-wm\003\dmh deficit version two.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 489, after line 4, by adding an appropriately numbered paragraph to read:
/The Director of the Department of Mental Health shall submit to the Mental Health Commission for approval, a written plan for vacating, in total or in phases, the department's facilities on the Bull Street campus. After approval by the Mental Health Commission, the plan must be forwarded to the State Budget and Control Board for review and approval. Upon approval, the Budget and Control Board and its divisions must assist the department with the costs of facilitating the closure, movement of equipment, establishment of new facilities, and other start-up and operating costs to make the transition. /
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Rep. SCOTT explained the amendment.
The amendment was then adopted.

Rep. J. E. SMITH proposed the following Amendment No. 97 (Doc Name h:\legwork\house\amend\council\gjk\21049sd04.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 489, by adding an appropriately numbered paragraph at the end to read:
/ 72.____(GP: Programmatic Budget)   The Governor's budget recommendation and the reports of the House Ways and Means Committee and the Senate Finance Committee on the General Appropriations Bill for fiscal year 2005-2006 and thereafter must contain a narrative regarding each agency and each program administered by the agency. The narrative must include mission, goals, statutory and regulatory basis of each program, and a brief history of the agency's administration of the program. Proposed appropriations for each agency must reflect an overall agency budget comprised of budget categories, but also must include amounts for debt service attributable to the agency and aid to political subdivisions provided by the agency. Additionally, the recommendation must identify specifically the source of funds for appropriations to the agency. Each separate program administered by an agency must be included in the recommendation with that program's share of each of the amounts appropriated for each budget category and specific source of funds for the appropriations. The narratives must conform to a format established by the Office of State Budget for the State Budget and Control Board. /
Renumber sections to conform.
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Rep. J. E. SMITH explained the amendment.

ACTING SPEAKER HARRISON IN CHAIR

Rep. J. E. SMITH continued speaking.

POINT OF ORDER

Rep. HAMILTON raised the Point of Order that Amendment No. 97 was out of order in that it was not germane to the Bill under Rule 5.3B.
ACTING SPEAKER HARRISON cited a similar Point of Order raised on March 9, 1994 which was sustained. He stated that based on that precedent a proviso had to tell an entity to spend money, restrict the spending of money, or direct how to spend money. He stated that Amendment No. 97 described the format for the Governor to present his budget and did not meet the test. He therefore sustained the Point of Order and ruled the amendment out of order.

SPEAKER IN CHAIR

Rep. HARRELL proposed the following Amendment No. 248 (Doc Name h:\legwork\house\amend\h-wm\002\cg treas rent waiver.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 489, after line 3, by adding an appropriately numbered paragraph to read: /(GP: Rent Waiver) For Fiscal Year 2004-05, the Comptroller General's Office and the State Treasurer's Office rent payment to the Budget and Control Board shall be waived./
Renumber sections to conform.
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Rep. HARRELL explained the amendment.
The amendment was then adopted.

Reps. RICE, PARKS and PINSON proposed the following Amendment No. 282 (Doc Name h:\legwork\house\amend\h-wm\004\djj study jdlh2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 485, paragraph 78, line 22, by inserting after "year.": /The Department of Juvenile Justice shall continue to operate the John de la Howe School in such a manner as to provide appropriate services for the clients of the school, including categories of youth served by the school since 1918 when responsibility for the school was assumed by the State and other youth served by state agencies. The department is further directed to submit a report to the General Assembly by January 1, 2005 indicating any recommendations for restructuring the John de la Howe School, and utilizing the property and resources of the school to ensure continued services to troubled youth throughout South Carolina./
Renumber sections to conform.
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Rep. RICE explained the amendment.
The amendment was then adopted.

Rep. SCOTT proposed the following Amendment No. 324 (Doc Name h:\legwork\house\amend\council\dka\3836dw04.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 489, after line 3, by adding an appropriately numbered paragraph to read:
/ 72.__   From the funds appropriated for the Sexual Predator Treatment Program to the Department of Mental Health a committee is established to review the Sexually Violent Predator Act and make a report and recommendations to the General Assembly. The committee shall review the experience to date under the act, including the referral, review, and commitment process, the treatment program and its location and the costs associated with the act, including the cost of treatment for committed persons. The committee also shall study the future operating costs and capital needs of the treatment program. The committee shall make recommendations for improvements, including recommendations which address the budgetary and capital needs of the treatment program for the committed persons. The committee must be comprised of: The Governor or his designee, The Director of the Department of Mental Health or his designee, the Director of the Department of Corrections or his designee, the Attorney General or his designee, three members appointed by the Speaker of the House of Representatives and three members appointed by the President Pro Tempore of the Senate. The committee must be chaired by the Governor, or his designee. The committee shall submit its report to the Senate Judiciary Committee and the House Judiciary Committee before January 16, 2005. /
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Rep. SCOTT explained the amendment.
The amendment was then adopted.

Rep. COBB-HUNTER proposed the following Amendment No. 336 (Doc Name h:\legwork\house\amend\h-wm\006\leosalaryinc.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 501, by adding an appropriately numbered paragraph to read: /The funds appropriated in Part IA of this Act in Section 24 ($51,074 ), Section 36 ($365,407), Section 56B ($133,310) to provide law enforcement salary increases, and Section 63B ($1,554,632) to provide Statewide Employee Pay increases to law enforcement personnel at all other Law Enforcement Agencies are hereby transferred to the Department of Corrections for salary increases./
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Rep. HARRELL moved to table the amendment, which was agreed to.

Section 72, as amended, was adopted.

SECTION 73--AMENDED AND ADOPTED

Rep. Rice proposed the following Amendment No. 154 (Doc Name h:\legwork\house\amend\h-wm\008\73.4 rice.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, SECTION 73, page 492, paragraph 4, line 30, by striking /cancer/ and inserting /oncology-related pharmaceuticals/
Amend the bill further, as and if amended, page 493, paragraph 4, line 6, after /$200,000 for/ by inserting:
/the Department of Health and Human Services to contract with/
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Rep. RICE explained the amendment.
The amendment was then adopted.

Rep. LOURIE proposed the following Amendment No. 251 (Doc Name h:\legwork\house\amend\h-wm\008\conform estate tax.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, SECTION 73, page 492-493, paragraph 4, lines 23-13, by striking the proviso in its entirety./
Renumber sections to conform.
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Rep. LOURIE explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 62; Nays 36

Those who voted in the affirmative are:

Barfield               Battle                 Bingham
Cato                   Ceips                  Clark
Clemmons               Coates                 Coleman
Cooper                 Dantzler               Davenport
Delleney               Edge                   Frye
Gilham                 Hagood                 Harrell
Harrison               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            Quinn                  Rhoad
Richardson             Sandifer               Scarborough
Skelton                D. C. Smith            J. R. Smith
W. D. Smith            Stewart                Stille
Toole                  Townsend               Tripp
Trotter                Umphlett               Viers
Walker                 Whitmire               Wilkins
Witherspoon            Young

Total--62

Those who voted in the negative are:

Allen                  Anthony                Bales
Breeland               G. Brown               J. Brown
R. Brown               Chellis                Clyburn
Cotty                  Freeman                Gourdine
Harvin                 Hayes                  J. Hines
M. Hines               Hosey                  Howard
Jennings               Kennedy                Lee
Lloyd                  Lourie                 McLeod
Miller                 Moody-Lawrence         Ott
Rice                   Rivers                 Simrill
G. M. Smith            Snow                   Talley
Taylor                 Thompson               White

Total--36

So, the amendment was tabled.

RECORD FOR VOTING

I was temporarily out of the Chamber when the vote was taken on Amendment No. 251. I would have voted No.

Rep. Phil Sinclair

Rep. HARRELL proposed the following Amendment No. 342 (Doc Name h:\legwork\house\amend\h-wm\002\73.9 dor enforced collections2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 497, paragraph 9, by striking lines 30-35 and page 498 by striking lines 1-2 and inserting:
/     The funds in this account shall be appropriated for the purposes herein and disbursed quarterly on a pro rata basis as revenue is received subject to the minimum quarterly General Fund enforced collections restrictions below; however, no agency shall expend funds appropriated in this provision until they are received by that agency. Unexpended funds appropriated pursuant to this proviso may be carried forward to succeeding fiscal years and expended for the same purpose.

To insure that customary and usual enforced collections are unaffected by this paragraph, the Office of the State Treasurer may not disburse funds from the new sub-fund until the following schedule of General Fund enforced collections are deposited by the Department of Revenue by the end of each quarter in the fiscal year. If quarterly General Fund enforced collections do not reach the required levels, distributions from the new sub-fund are suspended for that quarter. The required deposits of quarterly General Fund enforced collections by the end of each quarter are:

July to September 2004   $75,000,000

October to December 2004   $150,000,000

January to March 2005   $225,000,000

April to June 2005   $300,000,000

If revenues collected and deposited into the new sub-fund are less than the amounts appropriated, the Department of Health and Environmental Control, the Department of Mental Health, the Department of Disabilities and Special Needs, the Department of Corrections, and the Department of Juvenile Justice shall be funded first on a pro rata basis and after these are fully funded, the other agencies receiving appropriations shall have their appropriations reduced on a pro rata basis. The funds collected within this provision are not considered general fund collections. The Department of Revenue shall report on a quarterly basis to the finance committees of the General Assembly and to the Board of Economic Advisors on the collections received in this fund./
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Rep. HARRELL explained the amendment.
The amendment was then adopted.

Reps. HARRELL and WILKINS proposed the following Amendment No. 33 (Doc Name h:\legwork\house\amend\h-wm\006\sifoptout.doc), which was tabled:

Amend the bill, as and if amended, Part IB, Section 73, SECTION 73, page 498, paragraph 11, line 31, by striking the proviso in its entirety and inserting / Notwithstanding Sections 42-7-310, 42-9-400, and 42-9-410 of the 1976 Code, it is the intent of the General Assembly that administration and responsibility of the Second Injury Fund shall be transferred to the Department of Insurance. All assets and liabilities of the Second Injury Fund shall remain the responsibility of the Fund. The employees of the Second Injury Fund shall become employees of the Department of Insurance. The employees of the Second Injury Fund that move to the Department of Insurance shall form a separate unit solely responsible for the operation of the fund until it expires. All Second Injury Fund employees transferred to the Department of Insurance shall be subject to Department of Insurance policies and procedures including reduction in force. Compensation, fringe benefits, and operating expenses of the employees working on Second Injury Fund claims and administration shall be reimbursed to the department, at least monthly, from the funds of the Second Injury Fund.

Anytime prior to August 1, 2004, any current participant may remove their remaining claims from the Second Injury Fund (SIF) in order to settle claims internally. All claims brought against any current member of the fund must be removed or settled prior to that member's leaving with only their remaining assessment able to be removed. Any participant or group that states their intentions to remove their claims from the Second Injury Fund will not be liable for any future assessments levied by the Second Injury Fund. In turn, they will also not be liable for any claims that have been levied against another member of the fund that may have sought help in paying the claims levied. Any member that does not remove their claims by August 1, 2004 will be subject to assessment for this calendar year. After their assessment is paid, they will again be able to settle claims levied against them within the SIF and pay each claim and remove their name from the Second Injury Fund. Those that have removed their claims and still have assessed money left in the fund are able to remove those funds, as they are no longer liable to pay for any other groups remaining in the fund subject to approval of the director.
Those participants remaining in the fund will be assessed at the current formula to ensure that all claims that are part of the fund will be paid in full. Any shortfall in the fund to cover claims could be subject to a mid-year assessment to ensure that all claims are paid/.
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POINT OF ORDER

Rep. LOURIE raised the Point of Order that Amendment No. 33 was out of order in that it was not germane to the Bill under Rule 5.3B and did not deal with state revenues.
SPEAKER WILKINS stated that the amendment did meet the germaneness test of Rule 5.3 B. He stated that Rule 5.3B did not require that an amendment or proviso relate to state funds and that based upon past precedents a temporary proviso may concern other types of funds, not just state funds, and be germane. He stated that rule 5.3B only required that an amendment or proviso's substantial effect be the appropriation of funds, the raising of revenue, or that it be a rule, directive, or regulation related to the appropriation of funds or revenue for the fiscal year referred to in the Bill. He stated that nothing in the rule required an amendment or proviso to relate to, effect, or concern state funds, and he overruled the Point of Order.

Rep. HARRELL explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HARRELL continued speaking.

Rep. LOURIE moved to table the amendment.

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

Yeas 68; Nays 42

Those who voted in the affirmative are:

Allen                  Anthony                Bowers
Branham                G. Brown               J. Brown
R. Brown               Cato                   Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cotty                  Davenport
Delleney               Edge                   Emory
Freeman                Gourdine               Govan
Hamilton               Harrison               Harvin
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Huggins
Jennings               Kennedy                Lee
Limehouse              Lloyd                  Lourie
Lucas                  McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Phillips
Pinson                 Rhoad                  Rice
Rivers                 Rutherford             Scott
Simrill                Sinclair               F. N. Smith
G. M. Smith            J. E. Smith            W. D. Smith
Stille                 Talley                 Taylor
Thompson               Townsend               Vaughn
Weeks                  Wilkins

Total--68

Those who voted in the negative are:

Bales                  Barfield               Battle
Bingham                Ceips                  Chellis
Clark                  Cooper                 Dantzler
Frye                   Gilham                 Hagood
Harrell                Herbkersman            Keegan
Kirsh                  Koon                   Leach
Littlejohn             Loftis                 Mahaffey
McCraw                 Owens                  Perry
Richardson             Sandifer               Scarborough
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            Snow                   Toole
Tripp                  Trotter                Umphlett
Viers                  Walker                 White
Whitmire               Witherspoon            Young

Total--42

So, the amendment was tabled.

SPEAKER IN CHAIR

Rep. KOON proposed the following Amendment No. 118 (Doc Name h:\legwork\house\amend\h-wm\009\koon exemptfiresuppression equipment.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, SECTION 73, page 498, paragraph 10, line 19, by striking /; and/ and inserting /,/
Amend the bill further, as and if amended, page 498, paragraph 10, line 20, by inserting after the word Division /; and the Forestry Commission's fire suppression equipment./
Renumber sections to conform.
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Rep. KOON explained the amendment.
The amendment was then adopted.

Reps. COOPER, BINGHAM and PERRY proposed the following Amendment No. 207 (Doc Name h:\legwork\house\amend\h-wm\005\fleet bing.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 498, paragraph 73.10, after line 30, by inserting:
/Prior to the sale of vehicles pursuant to this proviso, the Budget and Control Board will conduct a study to determine that the sale of the vehicles and/or privatization of the state fleet vehicle maintenance facilities and The State Fleet will result in greater cost efficiencies to state agencies. The board shall certify the amount of annual savings that would be realized from the privatization of the State Fleet Management Services.

Should the results of the study conclude that privatization is not more cost effective, the vehicles shall not be sold nor shall any current services provided by State Fleet Management be terminated./
Renumber sections to conform.
Amend totals and titles to conform.

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

SPEAKER PRO TEMPORE IN CHAIR

Rep. LOURIE proposed the following Amendment No. 249 (Doc Name h:\legwork\house\amend\council\nbd\12297ac04.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, paragraph 11, beginning on line 31 STATEWIDE REVENUE, beginning on page 498, by striking the proviso in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

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

LEAVE OF ABSENCE

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

Reps. SCOTT and QUINN proposed the following Amendment No. 30 (Doc Name h:\legwork\house\amend\h-wm\008\restore dmh admin.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, SECTION 73, page 492, paragraph 4, line 26, by inserting after the word /increase;/ and before the words /and the balance/ the words /J12-Department of Mental Health $5,876,718;/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. J. E. SMITH proposed the following Amendment No. 337 (Doc Name h:\legwork\house\amend\council\gjk\21053sd04.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, Statewide Revenue, page 501, by adding an appropriately numbered paragraph at the end to read:

/     73.____   For fiscal year 2004-2005, cost of living increases in retirement allowances under the State Retirement System and the Police Officers Retirement System shall be granted as provided by law whether or not the resulting additional liabilities because of the increases in allowances would require an increase in the total employer rates of contribution. If it is actuarially determined that these increases in allowance would require an increase in employer contribution rates, no such increase in employer contribution rates shall be imposed but instead the revenue required to pay the differential shall be transferred into these retirement systems from the state general fund. /
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. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 71; Nays 39

Those who voted in the affirmative are:

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

Total--71

Those who voted in the negative are:

Allen                  Anthony                Bowers
Breeland               G. Brown               R. Brown
Clyburn                Cobb-Hunter            Coleman
Emory                  Freeman                Harvin
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Huggins
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Martin
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Rhoad                  Rivers                 Rutherford
Scott                  Skelton                F. N. Smith
J. E. Smith            Snow                   Weeks

Total--39

So, the amendment was tabled.

Rep. QUINN proposed the following Amendment No. 24 (Doc Name h:\legwork\house\amend\h-wm\003\medicaid policy.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, page 493, paragraph 4, line 6, by deleting the line in its entirety and inserting: / c) $200,000 for the Department of Health and Human Services to contract with the Office of Medicaid Policy Research in the Arnold School of Public Health./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. HARRELL proposed the following Amendment No. 28 (Doc Name h:\legwork\house\amend\h-wm\005\harrell 73.7dot.doc), which was adopted:
Amend the bill, as and if amended, Part IB, SECTION 73, page 493, paragraph 73.7, line 28, by inserting before the word "highways": /properties,/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. QUINN proposed the following Amendment No. 309 (Doc Name h:\legwork\house\amend\h-wm\009\quinn barnwell $ medicaid.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 494, paragraph 7, line 16, by striking the line in its entirety.
Amend the bill further, as and if amended, page 494, paragraph 7, after line 23, by inserting:
/J02-Department of Health and Human Services: Medicaid $5,000,000;/
Amend the bill further, as and if amended, page 495, paragraph 7, line 10, by inserting after the word "health":
/,and the first $5,000,000 realized from the sale of the remaining property shall be transferred to the Department of Health and Human Services for Medicaid/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. QUINN explained the amendment.
Rep. RHOAD spoke against the amendment.

SPEAKER IN CHAIR

Rep. HOSEY spoke against the amendment.

Rep. HAYES moved to table the amendment.

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

Yeas 42; Nays 67

Those who voted in the affirmative are:

Allen                  Anthony                Bales
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Cobb-Hunter            Davenport              Duncan
Edge                   Freeman                Gourdine
Govan                  Hagood                 Hayes
J. Hines               Hosey                  Howard
Jennings               Kennedy                Lee
Limehouse              Lloyd                  Moody-Lawrence
J. H. Neal             E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Rivers
Rutherford             Scott                  D. C. Smith
F. N. Smith            G. M. Smith            J. E. Smith
Tripp                  Trotter                Weeks

Total--42

Those who voted in the negative are:

Altman                 Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Coates                 Cooper                 Cotty
Dantzler               Delleney               Emory
Frye                   Gilham                 Hamilton
Harrison               Harvin                 Haskins
Herbkersman            Hinson                 Huggins
Keegan                 Kirsh                  Koon
Leach                  Loftis                 Lourie
Lucas                  Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 J. M. Neal
Neilson                Owens                  Parks
Perry                  Pinson                 Quinn
Richardson             Sandifer               Scarborough
Simrill                Sinclair               Skelton
G. R. Smith            J. R. Smith            W. D. Smith
Snow                   Talley                 Taylor
Thompson               Toole                  Townsend
Umphlett               Viers                  Walker
White                  Wilkins                Witherspoon
Young

Total--67

So, the House refused to table the amendment.

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

SPEAKER PRO TEMPORE IN CHAIR

Rep. BALES proposed the following Amendment No. 175 (Doc Name h:\legwork\house\amend\h-wm\008\bales93inc.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, SECTION 73, page 501, after line 9, by adding an appropriately numbered paragraph to read:
/There is imposed a surtax on cigarettes subject to the tax imposed pursuant to Section 12-21-620(1) in an amount equal to 4.65 cents on each cigarette. Notwithstanding any other provision of law providing for crediting revenues by license or other taxes, the revenue of the surtax imposed by this provision must be credited to a newly Medicaid Matching Fund which upon creation must be separate and distinct from the general fund and must be used only for the purpose of medicaid match. The funds, programs, operations, initiatives, and other activities specified in this provision are exempt from budgetary cuts, reductions, or eliminations caused by the lack of general fund revenues. Earnings on investments from this fund must remain part of the separate fund and must not be deposited in the general fund.
Department of Health and Human Services General Funds equivalent to the tax imposed above shall be transferred to an account to be held at the treasurer's office and used to provide tax relief for residents of the state at poverty level or below as determined by the Department of Revenue. Funds required for the property tax relief shall be distributed by the Department of Revenue as a rebate to those determined to be eligible.
Unexpended funds appropriated pursuant to this proviso may be carried forward to succeeding fiscal years and expended for the same purpose.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BALES explained the amendment.

SPEAKER IN CHAIR

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

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

Rep. BALES proposed the following Amendment No. 176 (Doc Name h:\legwork\house\amend\h-wm\008\bales53inc.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, SECTION 73, page 501, after line 9, by adding an appropriately numbered paragraph to read:
/There is imposed a surtax on cigarettes subject to the tax imposed pursuant to Section 12-21-620(1) in an amount equal to 2.65 cents on each cigarette. Notwithstanding any other provision of law providing for crediting revenues by license or other taxes, the revenue of the surtax imposed by this provision must be credited to a newly Medicaid Matching Fund which upon creation must be separate and distinct from the general fund and must be used only for the purpose of medicaid match. The funds, programs, operations, initiatives, and other activities specified in this provision are exempt from budgetary cuts, reductions, or eliminations caused by the lack of general fund revenues. Earnings on investments from this fund must remain part of the separate fund and must not be deposited in the general fund.
Department of Health and Human Services General Funds equivalent to the tax imposed above shall be transferred to an account to be held at the treasurer's office and used to provide tax relief for residents of the state at poverty level or below as determined by the Department of Revenue. Funds required for the property tax relief shall be distributed by the Department of Revenue as a rebate to those determined to be eligible.
Unexpended funds appropriated pursuant to this proviso may be carried forward to succeeding fiscal years and expended for the same purpose.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BALES explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. BALES continued speaking.
Rep. BALES spoke in favor of the amendment.
Rep. COOPER moved to table the amendment.

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

Yeas 83; Nays 27

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Bowers                 G. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Davenport
Delleney               Duncan                 Edge
Freeman                Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Harvin                 Haskins
Hayes                  Herbkersman            Hinson
Hosey                  Huggins                Keegan
Kennedy                Kirsh                  Koon
Leach                  Lee                    Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               McCraw                 McGee
Merrill                Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Richardson             Sandifer               Scarborough
Simrill                Sinclair               Skelton
F. N. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Snow
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--83

Those who voted in the negative are:

Allen                  Anthony                Bales
Breeland               J. Brown               R. Brown
Clyburn                Cobb-Hunter            Coleman
Emory                  Gourdine               Govan
J. Hines               Howard                 Jennings
Lloyd                  McLeod                 Miller
J. H. Neal             Ott                    Parks
Rutherford             Scott                  D. C. Smith
J. E. Smith            Weeks                  Whipper

Total--27

So, the amendment was tabled.

Reps. RICE, COTTY, LOURIE, CLYBURN, LIMEHOUSE and E.H. PITTS proposed the following Amendment No. 291 (Doc Name h:\legwork\house\amend\h-wm\008\medicaidreserveandtaxrelief.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, SECTION 73, page 501, after line 9, by adding an appropriately numbered paragraph to read:
/There is imposed a surtax on cigarettes subject to the tax imposed pursuant to Section 12-21-620(1) in an amount equal to 1.50 cents on each cigarette. Notwithstanding any other provision of law providing for crediting revenues by license or other taxes, the revenue of the surtax imposed by this provision must be credited to a newly created Fiscal Relief Fund which upon creation must be separate and distinct from the general fund and must be used only for the purposes stated herein. The funds, programs, operations, initiatives, and other activities specified in this provision are exempt from budgetary cuts, reductions, or eliminations caused by the lack of general fund revenues. Earnings on investments from this fund must remain part of the separate fund and must not be deposited in the general fund. Monies in the fund must be used as follows with any unexpended funds appropriated pursuant to this proviso remitted to the medicaid reserve/tax relief fund for the purposes stated herein:
J02-Department of Health and Human Services Medicaid Reserve/Tax Relief Fund $30,596,333, with any funds not required for medicaid used for income tax relief
J02-Department of Health and Human Services $9,200,000 Nursing Home Beds
H71-Wil Lou Gray Opportunity School:   $89,179;
H67-Educational Television Commission:   $397,376;
H73-Vocational Rehabilitation:   $345,399;
J04-Department of Health and Environmental Control:

$2,925,436;
J12-Department of Mental Health:   $3,711,662;
J20-Department of Alcohol & Other Drug Abuse Services:

$331,663;
L04-Department of Social Services:   $2,579,838;
L24-Commission for the Blind:   $82,550;
H79-Archives and History:   $95,713;
H87-State Library:   $185,789;
H91-Arts Commission:   $94,371;
H95-Museum Commission:   $138,705;
P12-Forestry Commission:   $508,721;
P16-Department of Agriculture:   $144,549;
P24-Department of Natural Resources:   $571,558;
P26-Sea Grant Consortium:   $12,158;
P28-Department of Parks, Recreation & Tourism:   $886,650;
P32-Department of Commerce:   $505,493;
E21-Prosecution Coordination Commission:   $225,052;
E22-Office of Appellate Defense:   $24,419;
E23-Commission on Indigent Defense:   $100,705;
K05-Department of Public Safety:   $1,940,126;
R40-Department of Motor Vehicles:   $749,583;
N08-Department of Probation, Parole & Pardon Services:  

$532,192;
L36-Human Affairs Commission:   $45,718;
L46-Commission on Minority Affairs:   $11,058;
R08-Workers' Compensation Commission:   $83,271;
R28-Department of Consumer Affairs:   $45,083;
R36-Department of Labor, Licensing & Regulation:   $35,450;
R60-Employment Security Commission:   $5,108;
A01-Senate:   $246,518;
A05-House:   $297,062;
A15-Legislative Council:   $69,756;
A17-Legislative Printing:   $86,084;
A20-Legislative Audit Council:   $30,050;
C05-Administrative Law Judges:   $39,508;
D05-Governor's Office - ECS   $35,697;
D10-Governor's Office - SLED:   $756,603;
D17-Governor's Office - OEPP:   $156,770;
D20-Governor's Office - Mansion and Grounds:   $11,454;
E04-Lieutenant Governor:   $7,873;
E08-Secretary of State:   $26,038;
E24-Adjutant General:   $191,540;
E28-Election Commission:   $65,997;
F03-Budget and Control Board:   $642,835;
F27-Budget and Control Board - Auditor:   $86,055;
R44-Department of Revenue:   $835,072;
R52-State Ethics Commission:   $10,058;
X12-Aid to Subdivisions-Comptroller General:   $57,696;
X22-Aid to Subdivisions-State Treasurer:   $196,426;
B04-Judicial Department-Operating Expenses:   $3,500,000;
J12-Department of Mental Health-Crisis Stabilization:

$350,000;
J04-Department of Health and Environmental Control

$5,364,940 for Healthy People 2010;
H73-Vocational Rehabilitation:$500,000 for the School to Work Program;
J04-Department of Health and Environmental Control: $2,293,955 for nursing SHORTAGE;
J04-Department of Health and Environmental Control: $1,500,000 FOR Sickle Cell and Hypertension;
J12-Department of Mental Health:   $5,876,718;
J16-   Department of Disabilities and Special Needs:$7,632,699;
L24-Commission for the Blind:   $350,000;
D10-State Law Enforcement Division $930,000 for Law Enforcement Officers Pay Increase
P24-Department of Natural Resources $505,000 for Law Enforcement Officers Pay Increase
J02-Department of Health and Human Services $11,865,000;
The Department of Health and Human Services must expend the funds appropriated to the department in this proviso as listed below.
The Department of Health and Human Services must expend funds appropriated for Pharmaceutical Services without prior authorization or any other prescriptive restrictions on medications prescribed to treat schizophrenia, major depression, or bipolar disorder as defined by the most recent edition of the Diagnostics and Statistical Manual of the American Psychiatry Association or hemophilia, diabetes, HIV/acquired immune deficiency syndrome, asthma, or oncology-related phamaceuticals.
The above pharmacy requirements do not apply to Health Maintenance Organizations licensed during the current fiscal year. The Department of Health and Human Services shall implement a member-centered coordinated management program for Medicaid recipients who suffer from illness related to hemophilia. This model must employ care coordination and cost containment techniques for all eligible recipients administered by nationally qualified entities who have three or more years direct experience in Medicaid disease management for these populations. This program shall take effect no later than July 30, 2004.
The Department of Health and Human Services must maintain the pharmacy reimbursement rate at the Average Wholesale Price (AWP) minus 10%.
The Department of Health and Human Services must provide Medicaid matching funds for the following:
a) $216,000 for the Healthcare Coordination and Utilization Project;
b) $75,000 for the Heart and Soul Project;
c) $200,000 for the Department of Health and Human Services to contract with the Office of Medicaid Policy Research in the Arnold School of Public Health; and
d) $1,132,618 for rate increases for Registered Nurses and Licensed Practical Nurses at the Department of Health and Human Services ($323,121), the Department of Disabilities and Special Needs ($695,652), the Department of Education ($64,202), and the Department of Health and Environmental Control ($49,643).
The Department of Health and Human Services must transfer $400,000 to the Department of Mental Health for / Treatment programs.
The Department of Health and Human Services must transfer $18,000 to the Department of Social Services for the Urban League.
Upon implementation of the following reform measures within the State Medicaid program. In the event of a shortfall in Medicaid, reserve funds in this paragraph may be released to the agency upon declaration of a deficit by the Budget and Control Board and presentation of a cost containment plan to the House Ways and Means Committee and the Senate Finance Committee. Revenues not distributed from the Medicaid Reserve / Income Tax Relief Fund shall be disbursed as an income tax credit based on the taxpayers liability.
Funding for 'Healthy People 2010', the promotion of public health, shall be targeted only toward the following objectives: increasing the proportion of adults and adolescents participating in exercise; reducing the proportion of obese adults; reducing cigarette use by adults and adolescents; increasing the proportion of adolescents who do not use alcohol or illicit drugs; reducing the proportion of adults engaging in the 'bingeing' use of alcoholic beverages; reducing motor vehicle fatalities; increasing the proportion of young children who receive vaccinations and immunizations; increasing the proportion of non-institutionalized adults, sixty-five years of age and older, who receive vaccinations and immunizations; increasing the proportion of non-institutionalized adults, sixty-five years of age and older, who have ever been vaccinated against pneumococcal disease; and increasing the number of pregnant women who begin prenatal care in the first trimester of pregnancy.
It is the intent of the General Assembly that family respite programs and summer camps operated by or sponsored by the Departments of Social Services, Mental Health, or Disabilities and Special Needs be given budgetary priority by these agencies. These programs must be exempt from any budget reductions experienced by these three agencies during the current fiscal year.
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. COOPER moved to table the amendment.

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

Yeas 68; Nays 43

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clemmons
Coates                 Cooper                 Duncan
Edge                   Freeman                Frye
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               Hinson
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Littlejohn
Loftis                 Lucas                  Mahaffey
McCraw                 McGee                  Merrill
Moody-Lawrence         Neilson                Ott
Perry                  Pinson                 M. A. Pitts
Quinn                  Richardson             Sandifer
Scarborough            Simrill                Skelton
G. R. Smith            J. R. Smith            W. D. Smith
Snow                   Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
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               Clark
Clyburn                Cobb-Hunter            Coleman
Cotty                  Dantzler               Delleney
Emory                  Gilham                 Gourdine
Govan                  Hosey                  Jennings
Lee                    Lloyd                  Lourie
McLeod                 Miller                 J. H. Neal
J. M. Neal             Owens                  Parks
E. H. Pitts            Rhoad                  Rice
Rivers                 Rutherford             Scott
Sinclair               D. C. Smith            G. M. Smith
J. E. Smith            Stille                 Weeks
Whipper

Total--43

So, the amendment was tabled.

SPEAKER IN CHAIR

Rep. LOURIE proposed the following Amendment No. 295 (Doc Name h:\legwork\house\amend\h-wm\008\lourie ct3.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, SECTION 73, page 501, after line 9, by adding an appropriately numbered paragraph to read:
/There is imposed a surtax on cigarettes subject to the tax imposed pursuant to Section 12-21-620(1) in an amount equal to 2.65 cents on each cigarette. Notwithstanding any other provision of law providing for crediting revenues by license or other taxes, the revenue of the surtax imposed by this provision must be credited to a newly created Medicaid Fund which upon creation must be separate and distinct from the general fund and must be used only for the purpose of funding the medicaid program. The funds, and programs, operations, initiatives, and other activities supported by them are exempt from budgetary cuts, reductions, or eliminations caused by the lack of general fund revenues. Earnings on investments from this fund must remain part of the separate fund and must not be deposited in the general fund. Monies in the fund must be used exclusively for the medicaid program at the Department of Health and Human Services.
The Department of Health and Human Services general funds equivalent to the revenues generated from the tax imposed above shall be transferred and distributed as follows:
(1) The first $55,000,000 shall be deposited to a fund to be created in the Department of Health and Human Services that shall be titled the Medicaid growth reserve fund ;
(2) H71-Wil Lou Gray Opportunity School: $89,179;
(3) H67-Educational Television Commission: $397,376;
(4) H73-Vocational Rehabilitation: $345,399;
(5) J04-Department of Health and Environmental Control: $2,925,436;
(6) J12-Department of Mental Health: $3,711,662;
(7) J16-Department of Disabilities & Special Needs: $3,882,213;
(8) J20-Department of Alcohol & Other Drug Abuse Services: $331,663;
(9) L04-Department of Social Services: $2,579,838;
(10) L24-Commission for the Blind: $82,550;
(11) H79-Archives and History: $95,713;
(12) H87-State Library: $185,789;
(13) H91-Arts Commission: $94,371;
(14) H95-Museum Commission: $138,705;
(15) P12-Forestry Commission: $508,721;
(16) P16-Department of Agriculture: $144,549;
(17) P20-Clemson University Public Service Activities: $1,052,981;
(18) P21-South Carolina State University Public Service Activities: $42,409;
(19) P24-Department of Natural Resources: $571,558;
(20) P26-Sea Grant Consortium: $12,158;
(21) P28-Department of Parks, Recreation & Tourism: $886,650;
(22) P32-Department of Commerce: $505,493;
(23) E20-Attorney General: $379,630;
(24) E21-Prosecution Coordination Commission: $225,052;
(25) E22-Office of Appellate Defense: $24,419;
(26) E23-Commission on Indigent Defense: $100,705;
(27) K05-Department of Public Safety: $1,940,126;
(28) R40-Department of Motor Vehicles: $749,583;
(29) N04-Department of Corrections: $7,187,649;
(30) N08-Department of Probation, Parole & Pardon Services: $532,192;
(31) N12-Department of Juvenile Justice: $1,814,818;
(32) L36-Human Affairs Commission: $45,718;
(33) L46-Commission on Minority Affairs: $11,058;
(34) R08-Workers' Compensation Commission: $83,271;
(35) R20-Department of Insurance: $106,564;
(36) R28-Department of Consumer Affairs: $45,083;
(37)   R36-Department of Labor, Licensing & Regulation: $135,450;
(38) R60-Employment Security Commission: $5,108;
(39) A01-Senate: $246,518;
(40) A05-House: $297,062;
(41) A15-Legislative Council: $69,756;
(42) A17-Legislative Printing: $86,084;
(43) A20-Legislative Audit Council: $30,050;
(44) C05-Administrative Law Judges: $39,508;
(45) D05-Governor's Office - ECS: $35,697;
(46) D10-Governor's Office - SLED: $756,603;
(47) D17-Governor's Office - OEPP: $156,770;
(48) D20-Governor's Office - Mansion and Grounds: $11,454;
(49) E04-Lieutenant Governor: $7,873;
(50) E08-Secretary of State: $26,038;
(51) E12-Comptroller General: $111,879;
(52) E16-State Treasurer: $68,190;
(53) E24-Adjutant General: $191,540;
(54) E28-Election Commission: $65,997;
(55) F03-Budget and Control Board: $642,835;
(56) F27-Budget and Control Board - Auditor: $86,055;
(57) R44-Department of Revenue: $835,072;
(58) R52-State Ethics Commission: $10,058;
(59) X12-Aid to Subdivisions-Comptroller General: $57,696;
(60) X22-Aid to Subdivisions-State Treasurer: $196,426;
(61) B04-Judicial Department-Operating Expenses: $3,500,000;
(62) J12-Department of Mental Health-Crisis Stabilization: $350,000;
(63 J16-Department of Disabilities and Special Needs-Special Olympics: $150,000.
(64) D10-State Law Enforcement Division $930,000 for Law Enforcement Officers Pay Increase
(65) P24-Department of Natural Resources $505,000 for Law Enforcement Officers Pay Increase
(66) J04-Department of Health and Environmental Control; $5,000,000 for a smoking cessation program;
(67) H63-Department of Education; $302,158 for the writing improvement network;
(68)   H63-Department of Education; $1,312,874 Governor's Institute of Reading;
(69) K05-Department of Public Safety; $3,600,000 New Trooper Class;
(70) F30-Budget and Control Board; $10,000,000 to offset any premium increase for state employee health insurance;
(71) H63-Department of Education; $41,717,055 for the Education Finance Act Funding to increase the base student cost;
(72) H87-State Library; $700,000 for Aid to County Libraries;
(73 J02-Department of Health and Human Services $11,865,000;
The Department of Health and Human Services must expend the funds appropriated to the department in this proviso as listed below.
The Department of Health and Human Services must expend funds appropriated for Pharmaceutical Services without prior authorization or any other prescriptive restrictions on medications prescribed to treat schizophrenia, major depression, or bipolar disorder as defined by the most recent edition of the Diagnostics and Statistical Manual of the American Psychiatry Association or hemophilia, diabetes, HIV/acquired immune deficiency syndrome, asthma, or oncology-related phamaceuticals.
The above pharmacy requirements do not apply to Health Maintenance Organizations licensed during the current fiscal year.
The Department of Health and Human Services shall implement a member-centered coordinated management program for Medicaid recipients who suffer from illness related to hemophilia. This model must employ care coordination and cost containment techniques for all eligible recipients administered by nationally qualified entities who have three or more years direct experience in Medicaid disease management for these populations. This program shall take effect no later than July 30, 2004.
The Department of Health and Human Services must maintain the pharmacy reimbursement rate at the Average Wholesale Price (AWP) minus 10%.
The Department of Health and Human Services must provide Medicaid matching funds for the following:

a) $216,000 for the Healthcare Coordination and Utilization Project;

b) $75,000 for the Heart and Soul Project;

c) $200,000 for the Department of Health and Human Services to contract with the Office of Medicaid Policy Research in the Arnold School of Public Health; and

d) $1,132,618 for rate increases for Registered Nurses and Licensed Practical Nurses at the Department of Health and Human Services ($323,121), the Department of Disabilities and Special Needs ($695,652), the Department of Education ($64,202), and the Department of Health and Environmental Control ($49,643).
The Department of Health and Human Services must transfer $400,000 to the Department of Mental Health for treatment programs.
The Department of Health and Human Services must transfer $18,000 to the Department of Social Services for the Urban League.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LOURIE explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. LOURIE continued speaking.

Rep. WITHERSPOON moved to table the amendment.

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

Yeas 68; Nays 41

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                G. Brown               Cato
Chellis                Clemmons               Coates
Cooper                 Duncan                 Edge
Freeman                Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               Hinson
Keegan                 Kirsh                  Koon
Leach                  Littlejohn             Loftis
Lucas                  Mahaffey               McCraw
McGee                  Merrill                Neilson
Ott                    Perry                  Pinson
M. A. Pitts            Quinn                  Rhoad
Richardson             Sandifer               Scarborough
Simrill                Sinclair               Skelton
G. R. Smith            J. R. Smith            W. D. Smith
Snow                   Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
White                  Whitmire               Wilkins
Witherspoon            Young

Total--68

Those who voted in the negative are:

Allen                  Anthony                Bales
Breeland               J. Brown               R. Brown
Clark                  Clyburn                Cobb-Hunter
Coleman                Cotty                  Dantzler
Delleney               Emory                  Gourdine
Govan                  Harvin                 Hosey
Howard                 Jennings               Lee
Limehouse              Lloyd                  Lourie
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Owens
Parks                  E. H. Pitts            Rice
Rivers                 Rutherford             Scott
D. C. Smith            G. M. Smith            J. E. Smith
Weeks                  Whipper

Total--41

So, the amendment was tabled.

Rep. KENNEDY proposed the following Amendment No. 303 (Doc Name h:\legwork\house\amend\council\ggs\22525htc04.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 501, by adding an appropriately numbered paragraph at the end to read:
/ 73.____ (SR: Suspension of Residential Exemption - Use of Revenues)   Notwithstanding any other provision of law, the exemption from property tax millage imposed for school operations allowed pursuant to Section 12-37-251 of the 1976 Code is suspended for property tax year 2004. Similarly, the provisions of Section 11-11-150(A)(1) of the 1976 Code are suspended for the current fiscal year and revenues otherwise required to be credited to the Trust Fund for Tax Relief pursuant to Section 11-11-150(A)(1) are instead credited to a separate fund in the State Treasury and are appropriated in the current fiscal year from that fund for the following purposes:

(1)   EIA Local School

Innovation Funds                 $10,918,181

(2)   EIA Governor's

Institute of Reading             $     1,312,874

(3)   EIA Homework Centers               $     2,067,936

(4)   EIA Teacher Specialist                 $13,199,637

(5)   EIA Writing Improvement

Network                         $ 302,158

(6)   John de la Howe School               $ 2,411,328

(7)   Voc Rehab 4-1 Fed Match               $     750,000

(8)   Medicaid funding

For EFA                         $20,000,000

(9)   HHS - Medicaid

Pharmaceuticals                   $10,000,000
(10)   DDSN - In-home Family

Support                         $   6,000,000
(11)   DDSN - Community Mental

Retardation Programs               $ 2,000,000
(12)   DDSN - Head and Spinal

Cord Programs                   $ 2,000,000
(13)   Bonus For State Employees

Earning $32,000 or less

annually                       $ 5,000,000
(14)   First Steps Full Funding                   $ 734,644
(15)   Employee Benefits -

State Employee 4 percent

Base Pay Increase                 $62,680,000
(16)   SDE - Bus Driver pay                     $ 4,000,000
(17)   State Library - Aid to

County Librarys                   $ 4,000,000
(18)   EFA Base Student

Cost                           $101,623,242

TOTAL                       $249,000,000/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KENNEDY explained the amendment.
Rep. KENNEDY spoke in favor of the amendment.
Rep. EMORY spoke against the amendment.

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

Reps. GOVAN and HOSEY proposed the following Amendment No. 326 (Doc Name h:\legwork\house\amend\h-wm\008\govanct.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, SECTION 73, page 501, after line 9, by adding an appropriately numbered paragraph to read:
/There is imposed a surtax on cigarettes subject to the tax imposed pursuant to Section 12-21-620(1) in an amount equal to 1.65 cents on each cigarette. Notwithstanding any other provision of law providing for crediting revenues by license or other taxes, the revenue of the surtax imposed by this provision must be credited to a newly created Medicaid Fund which upon creation must be separate and distinct from the general fund and must be used only for the purpose of funding the medicaid program. The funds, and programs, operations, initiatives, and other activities supported by them are exempt from budgetary cuts, reductions, or eliminations caused by the lack of general fund revenues. Earnings on investments from this fund must remain part of the separate fund and must not be deposited in the general fund. Monies in the fund must be used exclusively for the medicaid program at the Department of Health and Human Services.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

Rep. GOVAN spoke in favor of the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 73; Nays 33

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Barfield               Battle                 Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Dantzler
Duncan                 Edge                   Freeman
Frye                   Gilham                 Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
Hinson                 Huggins                Keegan
Kennedy                Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Loftis                 Mahaffey               Merrill
Neilson                Owens                  Perry
Pinson                 E. H. Pitts            Quinn
Rhoad                  Richardson             Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Snow                   Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Trotter                Umphlett
Vaughn                 Viers                  White
Whitmire               Wilkins                Witherspoon
Young

Total--73

Those who voted in the negative are:

Allen                  Bales                  Bowers
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Delleney               Gourdine               Govan
J. Hines               Hosey                  Howard
Jennings               Lloyd                  Lourie
Lucas                  McLeod                 Miller
Moody-Lawrence         J. H. Neal             Ott
Parks                  Rice                   Rivers
Rutherford             Scott                  F. N. Smith
J. E. Smith            Weeks                  Whipper

Total--33

So, the amendment was tabled.

Reps. LIMEHOUSE, COBB-HUNTER and MCGEE proposed the following Amendment No. 340 (Doc Name h:\legwork\house\amend\h-wm\010\court increase.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 501, after line 9, by adding an appropriately numbered paragraph to read:
/(sr: court fee) The family and circuit court filing fee shall be increased by $50. This new revenue shall be allocated as follows:
Judicial Department- $3.5 million
Indigent Defense- $750,000
Probation, Parole & Pardon- $582,000
Prosecution Coordination- $225,000
Appellate Defense- $93,000
One hundred percent of the $50 increase must go to the above mentioned agencies to retain, expend and carry forward.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LIMEHOUSE explained the amendment.

Rep. TALLEY moved to table the amendment.

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

Yeas 44; Nays 64

Those who voted in the affirmative are:

Allen                  Altman                 Bales
G. Brown               Clemmons               Coates
Coleman                Cotty                  Davenport
Delleney               Emory                  Govan
Hagood                 Hamilton               Kirsh
Littlejohn             Lloyd                  Loftis
Lourie                 Mahaffey               McLeod
J. M. Neal             Perry                  Pinson
Rhoad                  Richardson             Sandifer
Scott                  Simrill                D. C. Smith
G. R. Smith            J. R. Smith            Stewart
Stille                 Talley                 Townsend
Trotter                Vaughn                 Walker
Weeks                  White                  Whitmire
Witherspoon            Young

Total--44

Those who voted in the negative are:

Anthony                Bailey                 Barfield
Battle                 Bingham                Bowers
Ceips                  Chellis                Clark
Clyburn                Cobb-Hunter            Cooper
Dantzler               Duncan                 Edge
Freeman                Frye                   Gourdine
Harrell                Harrison               Hayes
Herbkersman            J. Hines               Hinson
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kennedy
Koon                   Leach                  Limehouse
Lucas                  McCraw                 McGee
Merrill                Miller                 Moody-Lawrence
J. H. Neal             Neilson                Ott
Owens                  Parks                  E. H. Pitts
M. A. Pitts            Quinn                  Rice
Rivers                 Rutherford             Scarborough
Sinclair               Skelton                G. M. Smith
J. E. Smith            W. D. Smith            Snow
Taylor                 Thompson               Toole
Umphlett               Viers                  Whipper
Wilkins

Total--64

So, the House refused to table the amendment.

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

SPEAKER IN CHAIR

Reps. MILLER and VAUGHN proposed the following Amendment No. 343 (Doc Name h:\legwork\house\amend\council\dka\ 3843dw04.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 501, after line 9, by adding an appropriately numbered paragraph to read:
/ 73.     (SR: Multi-County Industrial Parks)   Each county that has entered into a written agreement with another county to develop an industrial or business park, pursuant to the provisions of Section 4-1-170 of the 1976 Code, shall file with the Department of Revenue, on forms provided by the department, information concerning these parks as required by the department to include, but not be limited to, the issuance of special source revenue bonds and tax credits in relation to new investments within these parks. The department is not responsible for the accuracy or updating the information it receives from the counties. The department shall use funds appropriated to it to develop the forms and otherwise implement this paragraph. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER explained the amendment.

POINT OF ORDER

Rep. EDGE raised the Point of Order that Amendment No. 343 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS stated that the amendment met the germaneness requirements of Rule 5.3B and he therefore overruled the Point of Order.

Rep. MILLER continued speaking.

Rep. COOPER moved to table the amendment.

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

Yeas 55; Nays 47

Those who voted in the affirmative are:

Altman                 Barfield               Bingham
Ceips                  Chellis                Clark
Clemmons               Cooper                 Cotty
Duncan                 Edge                   Frye
Gilham                 Hagood                 Harrell
Herbkersman            Hinson                 Huggins
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Mahaffey               McGee                  Merrill
Moody-Lawrence         Owens                  Perry
Pinson                 E. H. Pitts            Quinn
Rhoad                  Rice                   Richardson
Sandifer               Scarborough            Skelton
D. C. Smith            J. R. Smith            Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Trotter                Umphlett               Viers
White                  Whitmire               Witherspoon
Young

Total--55

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Battle                 Bowers
G. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Delleney
Emory                  Freeman                Gourdine
Govan                  Hamilton               Harvin
Haskins                Hayes                  J. Hines
Hosey                  Howard                 Jennings
Kennedy                Lloyd                  Loftis
Lourie                 Lucas                  Mack
McCraw                 McLeod                 Miller
J. H. Neal             J. M. Neal             Neilson
Ott                    Rutherford             Scott
Simrill                Sinclair               G. R. Smith
J. E. Smith            Snow                   Vaughn
Weeks                  Whipper

Total--47

So, the amendment was tabled.

Rep. HOSEY proposed the following Amendment No. 345 (Doc Name h:\legwork\house\amend\h-wm\007\hosey library.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 501, line 10, by inserting a new paragraph to read:
/(Statewide County Library Relief) For Fiscal Year 2004-2005, all county libraries shall be allowed to expend Aid to County Libraries funds coming from the Education Lottery for the same purposes as they may expend Aid to County Libraries funds coming from the General Fund./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HOSEY explained the amendment.

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

Rep. MCLEOD proposed the following Amendment No. 354 (Doc Name h:\legwork\house\amend\council\pt\1936mm04.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, beginning on page 501, by adding after line 9:
/   73. .   (SR: Alcohol Surcharge) In addition to all other taxes and license fees required to be imposed by law, during Fiscal Year 2004-05, the following surcharges are imposed:

(A)(1)   eight and five-tenths cents on eight ounces or fractional quantity of eight ounces for alcoholic liquors offered for sale in the State and thirty-five and ninety-two hundredths cents per liter for alcoholic liquors offered for sale in metric sizes;

(2)   twelve and five-tenths cents per container for alcoholic liquors sold in minibottles offered for sale in the State;

(3)   two dollars and sixty-eight cents on each standard case for alcoholic liquors sold by wholesalers in this State;

(4)   four and one-half percent surtax on alcoholic liquors sold by wholesalers in this State;

(5)   three-tenths cent an ounce on all beer offered for sale in containers of one gallon or more and forty-five cents a gallon or fractional quantity of a gallon on all wines offered for sale in this State;

(6)   three-tenths cent an ounce or fractional quantity of an ounce for beer offered for sale in bottles or cans and three cents for each eight ounces or fractional quantity on eight ounces on wines offered for sale in quantities of less than one gallon and thirteen cents a liter for wines offered for sale in metric sizes; and

(7)   nine cents a gallon or fraction of a gallon on all wines offered for sale in this State and six-tenths cents for eight ounces or fraction of eight ounces for wines offered in quantities less than one gallon and three cents a liter for wine offered for sale in metric sizes.

(B)   The revenue collected pursuant to subsection (A) must be collected by the Department of Revenue and paid to the State Treasurer on a monthly basis. The State Treasurer shall allocate and transfer these funds to the general fund and by this provision this transfer is deemed to have occurred and, notwithstanding another provision of law, these general fund revenues are available for appropriation as follows:

(1)   H71-Wil Lou Gray Opportunity School: $89,179;

(2)   H67-Educational Television Commission: $397,376;

(3)   H73-Vocational Rehabilitation: $345,399;

(4)   J04-Department of Health and Environmental Control: $2,925,436;

(5)   J12-Department of Mental Health: $3,711,662;

(6)   J16-Department of Disabilities & Special Needs: $3,882,213;

(7)   J20-Department of Alcohol & Other Drug Abuse Services: $331,663;

(8)   L04-Department of Social Services: $2,579,838;

(9)   L24-Commission for the Blind: $82,550;

(10)   H79-Archives and History: $95,713;

(11)   H87-State Library: $185,789;

(12)   H91-Arts Commission: $94,371;

(13)   H95-Museum Commission: $138,705;

(14)   P12-Forestry Commission: $508,721;

(15)   P16-Department of Agriculture: $144,549;

(16)   P20-Clemson University Public Service Activities: $1,052,981;

(17)   P21-South Carolina State University Public Service Activities: $42,409;

(18)   P24-Department of Natural Resources: $571,558;

(19)   P26-Sea Grant Consortium: $12,158;

(20)   P28-Department of Parks, Recreation & Tourism: $886,650;

(21)   P32-Department of Commerce: $505,493;

(22)   E20-Attorney General: $379,630;

(23)   E21-Prosecution Coordination Commission: $225,052;

(24)   E22-Office of Appellate Defense: $24,419;

(25)   E23-Commission on Indigent Defense: $100,705;

(26)   K05-Department of Public Safety: $1,940,126;

(27)   R40-Department of Motor Vehicles: $749,583;

(28)   N04-Department of Corrections: $7,187,649;

(29)   N08-Department of Probation, Parole & Pardon Services: $532,192;

(30)   N12-Department of Juvenile Justice: $1,814,818;

(31)   L36-Human Affairs Commission: $45,718;

(32)   L46-Commission on Minority Affairs: $11,058;

(33)   R08-Workers' Compensation Commission: $83,271;

(34)   R20-Department of Insurance: $106,564;

(35)   R28-Department of Consumer Affairs: $45,083;

(36)   R36-Department of Labor, Licensing & Regulation: $135,450;

(37)   R60-Employment Security Commission: $5,108;

(38)   A01-Senate: $246,518;

(39)   A05-House: $297,062;

(40)   A15-Legislative Council: $69,756;

(41)   A17-Legislative Printing: $86,084;

(42)   A20-Legislative Audit Council: $30,050;

(43)   C05-Administrative Law Judges: $39,508;

(44)   D05-Governor's Office - ECS: $35,697;

(45)   D10-Governor's Office - SLED: $756,603;

(46)   D17-Governor's Office - OEPP: $156,770;

(47)   D20-Governor's Office - Mansion and Grounds: $11,454;

(48)   E04-Lieutenant Governor: $7,873;

(49)   E08-Secretary of State: $26,038;

(50)   E12-Comptroller General: $111,879;

(51)   E16-State Treasurer: $68,190;

(52)   E24-Adjutant General: $191,540;

(53)   E28-Election Commission: $65,997;

(54)   F03-Budget and Control Board: $642,835;

(55)   F27-Budget and Control Board - Auditor: $86,055;

(56)   R44-Department of Revenue: $835,072;

(57)   R52-State Ethics Commission: $10,058;

(58)   X12-Aid to Subdivisions-Comptroller General: $57,696;

(59)   X22-Aid to Subdivisions-State Treasurer: $196,426;

(60)   B04-Judicial Department-Operating Expenses: $3,500,000;

(61)   J12-Department of Mental Health-Crisis Stabilization: $350,000;

(62)   J16-Department of Disabilities and Special Needs-Special Olympics: $150,000; and

(63)   F30-Budget and Control Board, State Health Plan: $11,000,000. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MCLEOD explained the amendment.

ACTING SPEAKER CATO IN CHAIR

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

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

LEAVE OF ABSENCE

The ACTING SPEAKER CATO granted Rep. RHOAD a leave of absence for the remainder of the day.

Reps. LITTLEJOHN and MCCRAW proposed the following Amendment No. 350 (Doc Name h:\legwork\house\amend\h-wm\003\excess debt service.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 501, after line 10, by adding an appropriately numbered paragraph to read:
/Any excess state appropriated funds for Debt Service as found in I.A. Section 68, Debt Service , must be retained, carried forward and transferred to the State Board of Technical and Comprehensive Education for Spartanburg Technical College- Cherokee Campus/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LITTLEJOHN explained the amendment.

Rep. KIRSH moved to table the amendment.

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

Yeas 79; Nays 10

Those who voted in the affirmative are:

Allen                  Altman                 Anthony
Battle                 Bingham                Branham
G. Brown               Cato                   Chellis
Clark                  Clemmons               Clyburn
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Freeman
Frye                   Gilham                 Gourdine
Hagood                 Hamilton               Harrell
Harvin                 Haskins                Hayes
Herbkersman            J. Hines               Hinson
Huggins                Keegan                 Kennedy
Kirsh                  Koon                   Leach
Limehouse              Lloyd                  Loftis
Lourie                 Lucas                  Mack
McCraw                 McLeod                 Merrill
Miller                 Ott                    Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rice
Richardson             Rutherford             Sandifer
Scarborough            Simrill                Skelton
D. C. Smith            G. M. Smith            J. E. Smith
J. R. Smith            Stewart                Taylor
Thompson               Townsend               Trotter
Umphlett               Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

Total--79

Those who voted in the negative are:

Barfield               Littlejohn             Mahaffey
Sinclair               G. R. Smith            W. D. Smith
Talley                 Vaughn                 Walker
Whipper

Total--10

So, the amendment was tabled.

SPEAKER IN CHAIR

Reps. HARRELL, LIMEHOUSE, KOON, SCOTT and YOUNG proposed the following Amendment No. 239 (Doc Name h:\legwork\house\amend\h-wm\002\73 le salary inc funding2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 501, after line 9, by adding an appropriately numbered paragraph to read:
/(SR: Law Enforcement Salary Increase Funding) Notwithstanding any other provision of the law, South Carolina authorizes, and the South Carolina commissioners or alternate commissioners to the Atlantic Interstate Low-Level Radioactive Waste Compact shall cast any applicable votes to approve, the importation of up to 100,000 cubic feet of Class A low-level waste into the region in Fiscal Year 2004-05 for purposes of disposal at the regional disposal facility in South Carolina. This 100,000 cubic feet of waste shall be in addition to the 50,000 cubic foot cap set forth for Fiscal Year 2004-05 under Section 48-46-40(A)(6)(a), South Carolina Code of Laws. The disposal site operator may sell this additional volume of disposal capacity as it deems appropriate and retain the proceeds from such sale, as long as such marketing activity does not negatively impact the Budget and Control Board's existing disposal commitments and projected disposal revenues for fiscal years 2005 through 2008. Notwithstanding any other provision of the law, the disposal site operator must submit a payment of $6,000,000 to the South Carolina Department of Revenue not later than June 30, 2005, for deposit into the General Fund for South Carolina budget year 2004-2005. The disposal funds deposited into the General Fund as a result of this provision are appropriated to F30 - B&C-Employee Benefits for the law enforcement salary increase fund for distribution in the manner prescribed in the Law Enforcement Salary Increase Fund proviso contained in Section 63 of this act. Nothing in this section shall be construed to amend obligations of the disposal site operator to remit contributions to the Barnwell Extended Care Fund under Section 13-7-30, or contributions to the Decommissioning Trust Fund in accordance with the Decommissioning Trust Agreement dated March 24, 1981, as amended./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARRELL explained the amendment.

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

Rep. COOPER moved cloture on the Section.

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

Yeas 67; Nays 31

Those who voted in the affirmative are:

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

Total--67

Those who voted in the negative are:

Allen                  Anthony                Bowers
G. Brown               Clyburn                Cobb-Hunter
Coleman                Freeman                Gourdine
Govan                  Hosey                  Jennings
Kennedy                Kirsh                  Lloyd
Lourie                 Mack                   McCraw
McLeod                 Miller                 Moody-Lawrence
Ott                    Parks                  Perry
Richardson             Rutherford             Scott
D. C. Smith            J. E. Smith            Snow
Weeks

Total--31

So, cloture was ordered.

Rep. LOURIE spoke against the amendment.
Rep. HOSEY spoke against the amendment.

Rep. RUTHERFORD 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:

Allen                  Anthony                Bailey
Bales                  Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Ceips
Clyburn                Coates                 Cobb-Hunter
Coleman                Cotty                  Delleney
Emory                  Freeman                Frye
Gilham                 Gourdine               Govan
Hagood                 Harrell                Harvin
Haskins                Hayes                  Herbkersman
Hosey                  Huggins                Jennings
Kennedy                Kirsh                  Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Mahaffey               McGee
McLeod                 Miller                 Moody-Lawrence
J. M. Neal             Ott                    Parks
E. H. Pitts            Quinn                  Rice
Richardson             Rutherford             Scarborough
Scott                  Simrill                Sinclair
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            Snow                   Talley
Thompson               Toole                  Vaughn
Walker                 Weeks                  Whipper
White                  Whitmire

Total--71

Those who voted in the negative are:

Altman                 Barfield               Battle
Cato                   Chellis                Clark
Clemmons               Cooper                 Dantzler
Davenport              Edge                   Hamilton
Harrison               Hinson                 Keegan
Koon                   Leach                  Limehouse
McCraw                 Merrill                Owens
Perry                  Pinson                 M. A. Pitts
Sandifer               Skelton                J. R. Smith
W. D. Smith            Stewart                Stille
Taylor                 Townsend               Trotter
Umphlett               Viers                  Wilkins
Witherspoon            Young

Total--38

So, the amendment was tabled.

Reps. QUINN and HARRELL proposed the following Amendment No. 348 (Doc Name h:\legwork\house\amend\h-wm\002\atty gen.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 501, after line 9, by adding an appropriately numbered paragraph to read:
/(SR: Attorney Management) the Attorney General shall have the authority to utilize the funds appropriated to his office in order to:

1.   contract with and oversee the work of any attorney engaged on a fee basis by a state agency, as broadly defined;

2.   contract with and oversee the work of any attorney engaged on a fee basis by the Insurance Reserve Fund to represent the State, its agencies or political subdivisions as well any employee of the State or its political subdivisions; and

3.   contract with and oversee the work as bond counsel of any attorney engaged on a fee basis by the State, its agencies or political subdivisions./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. QUINN explained the amendment.

POINT OF ORDER

Rep. JENNINGS raised the Point of Order that Amendment No. 348 was out of order in that it was unconstitutional in that it violated the separation of powers between the executive and the judicial branches of law.
SPEAKER WILKINS stated that being consistent with previous rulings of the House, he would decline to rule on points of order raising substantive questions of constitutional law. He further stated that under the precedents he would only address constitutional points of order concerning procedural issues in the legislature.

Rep. QUINN continued speaking.
Rep. JENNINGS spoke against the amendment.
Rep. MCLEOD spoke against the amendment.

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Amendment No. 348 was out of order in that it should be considered in a different section of the Appropriations Bill.
SPEAKER WILKINS overruled the Point of Order.

Rep. COTTY moved to table the amendment.

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

Yeas 54; Nays 54

Those who voted in the affirmative are:

Allen                  Anthony                Bales
Battle                 Branham                Breeland
G. Brown               R. Brown               Cato
Clyburn                Cobb-Hunter            Coleman
Cotty                  Delleney               Emory
Freeman                Gourdine               Govan
Harvin                 Hayes                  J. Hines
Hosey                  Howard                 Huggins
Jennings               Kennedy                Kirsh
Lloyd                  Lourie                 Lucas
Mack                   McCraw                 McGee
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Parks                  Pinson                 E. H. Pitts
Richardson             Scott                  Sinclair
Skelton                D. C. Smith            G. R. Smith
J. E. Smith            Snow                   Stille
Taylor                 Vaughn                 Whipper

Total--54

Those who voted in the negative are:

Altman                 Barfield               Bingham
Bowers                 Ceips                  Chellis
Clark                  Clemmons               Cooper
Dantzler               Davenport              Duncan
Edge                   Frye                   Gilham
Hamilton               Harrell                Harrison
Haskins                Herbkersman            Hinson
Keegan                 Koon                   Leach
Limehouse              Littlejohn             Loftis
Mahaffey               Martin                 Merrill
Owens                  Perry                  M. A. Pitts
Quinn                  Rice                   Rutherford
Sandifer               Scarborough            Simrill
J. R. Smith            W. D. Smith            Stewart
Thompson               Toole                  Townsend
Trotter                Umphlett               Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon

Total--54

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 59; Nays 50

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Bingham                Ceips                  Chellis
Clark                  Cooper                 Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hinson
Huggins                Keegan                 Kennedy
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 Merrill
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
G. R. Smith            J. R. Smith            W. D. Smith
Thompson               Toole                  Townsend
Trotter                Umphlett               Viers
White                  Whitmire               Wilkins
Witherspoon            Young

Total--59

Those who voted in the negative are:

Allen                  Anthony                Bales
Battle                 Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Clemmons
Clyburn                Coates                 Cobb-Hunter
Coleman                Cotty                  Emory
Freeman                Gourdine               Govan
Hayes                  J. Hines               Hosey
Howard                 Jennings               Kirsh
Lee                    Lloyd                  Lourie
Mack                   McCraw                 McGee
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Parks                  Richardson             Rutherford
Scott                  J. E. Smith            Snow
Stewart                Stille                 Vaughn
Weeks                  Whipper

Total--50

So, the amendment was adopted.

Reps. QUINN, HARRELL, RICE, CLYBURN, EDGE, DAVENPORT and WILKINS proposed the following Amendment No. 361 (Doc Name h:\legwork\house\amend\h-wm\002\job dev credit 50m8.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 501, after line 9, by adding an appropriately numbered paragraph to read:
/(SR: Job Development Credits) For FY 2004-05, all requests for job development credits against quarterly withholding returns must be limited to 62.5% of the amount otherwise allowed by statute, not to exceed a total of $50 million. However, this proviso does not affect the total job development credit for life science facilities as defined in Bill S562 bearing ratification number 212 of 2004 nor does it affect the total job development credits determined for any new or prospective qualifying business or company in an agreement reached after March 15, 2004. Taxpayers may carry forward any job development credits claimed, but not refunded in FY 2004-05. Any requests for job development credits not completely fulfilled in one fiscal year are to receive priority ranking for the subsequent fiscal year. The funds realized by limiting the job development credits to $50 million as compared to the February 12, 2004, Board of Economic Advisors estimate of $80 million, shall be identified by the Department of Revenue and deposited in a fund separate and distinct from the General Fund as established within the Office of the State Treasurer. For the fiscal year beginning July 1, 2004 and ending June 30, 2005, the State Treasurer shall disburse these funds to agencies in a timely manner as follows:

J02 - Department of Health and Human Services for Medicaid: $10,880,185;

J04 - Department of Health and Environmental Control: $2,925,436;

J16 - Department of Disabilities and Special Needs: $3,882,213;

J16 - Department of Disabilities and Special Needs in Support of Special Olympics: $150,000.

H73 - Vocational Rehabilitation: $345,399;

P20 - Clemson University-Public Service Activities: $1,052,981;

P21 - South Carolina State University-Public Service Activities: $42,409;

P28 - Department of Parks, Recreation and Tourism: $886,650

E20 - Attorney General's Office: $379,630;

N04 - Department of Corrections: $7,187,649;

N12 - Department of Juvenile Justice: $1,814,818;

R20 - Department of Insurance: $106,564;

E12 - Comptroller General's Office: $111,879;

E16 - State Treasurer's Office: $68,190;

E28 - Election Commission: $65,997; and

D17 - Governor's Office Commission on Women: $100,000.

If funds deposited are less than the amounts appropriated, the agencies receiving appropriations shall have their appropriations reduced on a pro rata basis./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARRELL explained the amendment.

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

Rep. J. E. SMITH moved to table the amendment.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:

Yeas 9; Nays 101

Those who voted in the affirmative are:

Breeland               J. Brown               Howard
Lee                    McLeod                 Moody-Lawrence
Rutherford             J. E. Smith            Whipper

Total--9

Those who voted in the negative are:

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Freeman                Frye
Gilham                 Gourdine               Hagood
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hayes
Herbkersman            J. Hines               Hinson
Hosey                  Huggins                Jennings
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  Merrill                Miller
J. H. Neal             J. M. Neal             Owens
Parks                  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            Snow
Stewart                Stille                 Taylor
Thompson               Toole                  Townsend
Trotter                Umphlett               Vaughn
Viers                  Walker                 Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

Total--101

So, the House refused to table the amendment.

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

Rep. JENNINGS proposed the following Amendment No. 359 (Doc Name h:\legwork\house\amend\h-wm\006 \duplicincr.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 501, line 10 , by adding an appropriately numbered paragraph to read:
/For fiscal year 2004-2005, The Department of Motor Vehicles is authorized to increase the duplicate license fee from three to ten dollars. These revenues must be deposited into a special earmarked account by the State Treasurer to be used by the Department of Public Safety's Highway Patrol to fund a new trooper class./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. JENNINGS explained the amendment.

Rep. HARRELL spoke against the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 38; Nays 72

Those who voted in the affirmative are:

Altman                 Barfield               Ceips
Clemmons               Cooper                 Dantzler
Edge                   Frye                   Gilham
Hagood                 Harrell                Harrison
Herbkersman            Hinson                 Keegan
Kennedy                Kirsh                  Koon
Limehouse              Littlejohn             Merrill
Owens                  Perry                  M. A. Pitts
Quinn                  Richardson             Sandifer
Scarborough            D. C. Smith            J. R. Smith
Stewart                Toole                  Trotter
Umphlett               Vaughn                 Whitmire
Wilkins                Young

Total--38

Those who voted in the negative are:

Anthony                Bailey                 Bales
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               Cato                   Chellis
Clark                  Clyburn                Coates
Coleman                Cotty                  Davenport
Delleney               Duncan                 Emory
Freeman                Govan                  Harvin
Haskins                Hayes                  J. Hines
Hosey                  Howard                 Huggins
Jennings               Leach                  Lee
Lloyd                  Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Pinson                 E. H. Pitts
Rice                   Rutherford             Scott
Simrill                Sinclair               Skelton
G. M. Smith            G. R. Smith            J. E. Smith
Snow                   Stille                 Talley
Taylor                 Thompson               Townsend
Viers                  Walker                 Weeks
Whipper                White                  Witherspoon

Total--72

So, the House refused to table the amendment.

Rep. HARRELL spoke against the amendment.
Rep. YOUNG spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 58; Nays 57

Those who voted in the affirmative are:

Anthony                Bailey                 Bales
Battle                 Bowers                 Branham
Breeland               G. Brown               R. Brown
Cato                   Clyburn                Coleman
Cotty                  Davenport              Delleney
Emory                  Freeman                Gourdine
Govan                  Harvin                 Haskins
Hayes                  J. Hines               Hosey
Howard                 Jennings               Lee
Lourie                 Lucas                  Mack
Martin                 McCraw                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Pinson                 Rice
Rutherford             Scott                  Simrill
Sinclair               G. M. Smith            J. E. Smith
Snow                   Stille                 Talley
Thompson               Townsend               Viers
Walker                 Weeks                  Whipper
Witherspoon

Total--58

Those who voted in the negative are:

Altman                 Barfield               Bingham
Ceips                  Chellis                Clark
Clemmons               Coates                 Cobb-Hunter
Cooper                 Dantzler               Duncan
Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Herbkersman            Hinson
Huggins                Keegan                 Kennedy
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Lloyd
Loftis                 Mahaffey               McGee
Merrill                Owens                  Perry
E. H. Pitts            M. A. Pitts            Quinn
Richardson             Sandifer               Scarborough
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Taylor                 Toole                  Trotter
Umphlett               Vaughn                 White
Whitmire               Wilkins                Young

Total--57

So, the amendment was adopted.

AMENDMENT NO. 239--RECONSIDERED AND ADOPTED

Rep. HARRELL moved to reconsider the vote whereby Amendment No. 239 was tabled.

Rep. LOURIE moved to table the motion.

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

Yeas 52; Nays 62

Those who voted in the affirmative are:

Anthony                Bailey                 Bales
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Ceips                  Clyburn                Coleman
Cotty                  Davenport              Delleney
Freeman                Gilham                 Govan
Hagood                 Haskins                Herbkersman
J. Hines               Hosey                  Howard
Jennings               Kirsh                  Lee
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Mahaffey
McLeod                 Merrill                Miller
Moody-Lawrence         Neilson                Parks
Rice                   Richardson             Rutherford
Scarborough            Scott                  Simrill
Sinclair               G. M. Smith            J. E. Smith
Talley                 Vaughn                 Weeks
Whipper

Total--52

Those who voted in the negative are:

Altman                 Barfield               Battle
Bingham                Cato                   Chellis
Clark                  Clemmons               Coates
Cobb-Hunter            Cooper                 Dantzler
Duncan                 Edge                   Emory
Frye                   Gourdine               Hamilton
Harrell                Harrison               Harvin
Hayes                  Hinson                 Huggins
Keegan                 Kennedy                Koon
Leach                  Limehouse              Loftis
Martin                 McCraw                 McGee
J. H. Neal             J. M. Neal             Ott
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Sandifer               Skelton                J. R. Smith
W. D. Smith            Snow                   Stewart
Stille                 Taylor                 Thompson
Toole                  Townsend               Trotter
Umphlett               Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--62

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider.

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

Yeas 60; Nays 53

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Cato                   Chellis
Clark                  Clemmons               Coates
Cooper                 Dantzler               Duncan
Edge                   Emory                  Hamilton
Harrell                Harrison               Harvin
Hayes                  Hinson                 Huggins
Keegan                 Kennedy                Koon
Leach                  Limehouse              Loftis
Mahaffey               Martin                 McCraw
McGee                  Merrill                J. M. Neal
Ott                    Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Sandifer               Scarborough
Skelton                J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Taylor                 Thompson               Townsend
Trotter                Umphlett               Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--60

Those who voted in the negative are:

Anthony                Bailey                 Bales
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Ceips                  Clyburn                Coleman
Cotty                  Davenport              Delleney
Freeman                Frye                   Gilham
Govan                  Hagood                 Haskins
Herbkersman            J. Hines               Hosey
Howard                 Jennings               Kirsh
Lee                    Littlejohn             Lloyd
Lourie                 Lucas                  Mack
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             Neilson                Parks
Rice                   Richardson             Rutherford
Scott                  Simrill                Sinclair
D. C. Smith            G. M. Smith            J. E. Smith
Talley                 Toole                  Vaughn
Weeks                  Whipper

Total--53

So, the motion to reconsider was agreed to.

Reps. HARRELL, LIMEHOUSE, KOON, SCOTT and YOUNG proposed the following Amendment No. 239 (Doc Name h:\legwork\house\amend\h-wm\002\73 le salary inc funding2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 501, after line 9, by adding an appropriately numbered paragraph to read:
/(SR: Law Enforcement Salary Increase Funding) Notwithstanding any other provision of the law, South Carolina authorizes, and the South Carolina commissioners or alternate commissioners to the Atlantic Interstate Low-Level Radioactive Waste Compact shall cast any applicable votes to approve, the importation of up to 100,000 cubic feet of Class A low-level waste into the region in Fiscal Year 2004-05 for purposes of disposal at the regional disposal facility in South Carolina. This 100,000 cubic feet of waste shall be in addition to the 50,000 cubic foot cap set forth for Fiscal Year 2004-05 under Section 48-46-40(A)(6)(a), South Carolina Code of Laws. The disposal site operator may sell this additional volume of disposal capacity as it deems appropriate and retain the proceeds from such sale, as long as such marketing activity does not negatively impact the Budget and Control Board's existing disposal commitments and projected disposal revenues for fiscal years 2005 through 2008. Notwithstanding any other provision of the law, the disposal site operator must submit a payment of $6,000,000 to the South Carolina Department of Revenue not later than June 30, 2005, for deposit into the General Fund for South Carolina budget year 2004-2005. The disposal funds deposited into the General Fund as a result of this provision are appropriated to F30 - B&C-Employee Benefits for the law enforcement salary increase fund for distribution in the manner prescribed in the Law Enforcement Salary Increase Fund proviso contained in Section 63 of this act. Nothing in this section shall be construed to amend obligations of the disposal site operator to remit contributions to the Barnwell Extended Care Fund under Section 13-7-30, or contributions to the Decommissioning Trust Fund in accordance with the Decommissioning Trust Agreement dated March 24, 1981, as amended./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARRELL spoke in favor of the amendment.
Rep. HOSEY spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 68; Nays 48

Those who voted in the affirmative are:

Altman                 Anthony                Bales
Barfield               Battle                 Bingham
G. Brown               J. Brown               Cato
Chellis                Clark                  Clemmons
Cooper                 Dantzler               Edge
Emory                  Freeman                Frye
Gourdine               Govan                  Hamilton
Harrell                Harrison               Harvin
Hayes                  J. Hines               Hinson
Hosey                  Huggins                Keegan
Kennedy                Koon                   Leach
Lloyd                  Loftis                 Martin
McCraw                 J. M. Neal             Neilson
Ott                    Owens                  Parks
Perry                  Pinson                 E. H. Pitts
Quinn                  Sandifer               Scott
Skelton                D. C. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Taylor
Toole                  Townsend               Trotter
Umphlett               Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--68

Those who voted in the negative are:

Allen                  Bailey                 Bowers
Branham                Breeland               R. Brown
Ceips                  Clyburn                Cobb-Hunter
Coleman                Cotty                  Davenport
Delleney               Duncan                 Gilham
Hagood                 Haskins                Herbkersman
Howard                 Jennings               Kirsh
Lee                    Limehouse              Littlejohn
Lourie                 Lucas                  Mack
Mahaffey               McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. H. Neal             M. A. Pitts            Rice
Richardson             Rutherford             Scarborough
Simrill                Sinclair               G. M. Smith
J. E. Smith            Talley                 Thompson
Vaughn                 Weeks                  Whipper

Total--48

So, the amendment was adopted.

AMENDMENT NO. 359--RECONSIDERED AND REJECTED

Rep. RICE moved to reconsider the vote whereby Amendment No. 359 was adopted.

Rep. SCOTT moved to table the motion to reconsider.

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

Yeas 51; Nays 65

Those who voted in the affirmative are:

Anthony                Bales                  Battle
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Clyburn                Cobb-Hunter            Coleman
Cotty                  Davenport              Delleney
Emory                  Freeman                Gourdine
Govan                  Harvin                 Hayes
J. Hines               Hosey                  Howard
Jennings               Lee                    Lloyd
Lourie                 Lucas                  Mack
McCraw                 McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Rutherford             Scott                  Simrill
Sinclair               G. M. Smith            J. E. Smith
Snow                   Stille                 Talley
Thompson               Walker                 Whipper

Total--51

Those who voted in the negative are:

Altman                 Bailey                 Barfield
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Coates                 Cooper                 Dantzler
Duncan                 Edge                   Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Huggins
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Mahaffey
Martin                 McGee                  Merrill
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Sandifer
Scarborough            Skelton                D. C. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Taylor                 Toole
Townsend               Trotter                Umphlett
Vaughn                 Viers                  Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

Total--65

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider, which was agreed to.

The question then recurred to the adoption of the amendment.

Rep. JENNINGS proposed the following Amendment No. 359 (Doc Name h:\legwork\house\amend\h-wm\006 \duplicincr.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 501, line 10, by adding an appropriately numbered paragraph to read:
/For fiscal year 2004-2005, The Department of Motor Vehicles is authorized to increase the duplicate license fee from three to ten dollars. These revenues must be deposited into a special earmarked account by the State Treasurer to be used by the Department of Public Safety's Highway Patrol to fund a new trooper class./
Renumber sections to conform.
Amend totals and titles to conform.

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

Yeas 57; Nays 58

Those who voted in the affirmative are:

Anthony                Bailey                 Bales
Battle                 Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Cotty                  Davenport
Delleney               Duncan                 Emory
Freeman                Gourdine               Govan
Harvin                 Hayes                  J. Hines
Hosey                  Howard                 Jennings
Lee                    Lloyd                  Lourie
Lucas                  Mack                   Martin
McCraw                 McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Pinson                 Rutherford             Scott
Simrill                Sinclair               G. M. Smith
J. E. Smith            Snow                   Stille
Talley                 Thompson               Viers
Walker                 Weeks                  Whipper

Total--57

Those who voted in the negative are:

Altman                 Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Cooper
Dantzler               Edge                   Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Huggins
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Mahaffey
McGee                  Merrill                Owens
Perry                  E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Richardson
Sandifer               Scarborough            Skelton
D. C. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Taylor
Toole                  Townsend               Trotter
Umphlett               Vaughn                 White
Whitmire               Wilkins                Witherspoon
Young

Total--58

So, the amendment was rejected.

Rep. PARKS proposed the following Amendment No. 212 (Doc Name h:\legwork\house\amend\h-wm\009\parks consv bank john de la howe.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 29A, S.C. CONSERVATION BANK, page 405, after line 9, by adding an appropriately numbered paragraph to read:
/The South Carolina Conservation Bank is directed to transfer $2,200,000 to John de la Howe school./
Renumber sections to conform.
Amend totals and titles to conform

Rep. PARKS explained the amendment.

Rep. COTTY moved to table the amendment.

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

Yeas 81; Nays 31

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Edge
Emory                  Gilham                 Hagood
Hamilton               Harrell                Harvin
Haskins                Hayes                  Herbkersman
Hinson                 Huggins                Jennings
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Limehouse
Loftis                 Lourie                 Lucas
Mahaffey               Martin                 McCraw
McGee                  Merrill                Miller
J. M. Neal             Ott                    Owens
Perry                  E. H. Pitts            Quinn
Rice                   Richardson             Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Talley                 Taylor
Thompson               Toole                  Townsend
Trotter                Umphlett               Vaughn
Viers                  Walker                 Weeks
Whipper                White                  Whitmire
Wilkins                Witherspoon            Young

Total--81

Those who voted in the negative are:

Allen                  Anthony                Bales
Bowers                 Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Duncan                 Freeman
Frye                   Gourdine               Govan
J. Hines               Hosey                  Howard
Lee                    Lloyd                  Mack
McLeod                 Moody-Lawrence         J. H. Neal
Neilson                Parks                  Pinson
M. A. Pitts            Rutherford             Scott
Stille

Total--31

So, the amendment was tabled.

Rep. LOFTIS proposed the following Amendment No. 347 (Doc Name h:\legwork\house\amend\council\dka\3845dw04.doc), which was adopted:
Amend the bill, as and if amended, Part IB, South Carolina Conservation Bank, page 405, by adding after paragraph 28:
/     29.1     (CB Maintaining Database)   .   From total funds appropriated to the South Carolina Conservation Bank, in Section 29A, Part IA of this act, an amount not to exceed $100,000 must be used by the bank to develop and implement a recordkeeping system to maintain a database detailing all land in the State subject to conservation easements, whether established with the assistance of the bank or otherwise. Before implementation of this recordkeeping system, the bank must obtain approval of the plan from the General Assembly expressed by members of a concurrent resolution. The bank shall report to the General Assembly by March 1, 2005, its findings with respect to this database, and in consultation with the Board of Economic Advisors, and the Office of State Budget, provide information to the General Assembly on the economic impact, including state and local revenue impacts, on the easements included in the database. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. CEIPS, HERBKERSMAN, QUINN, COATES, BOWERS, LOFTIS, GILHAM and E.H. PITTS proposed the following Amendment No. 357 (Doc Name h:\legwork\house\amend\h-wm\009\ceips and others revised.docbank.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 29A, S.C. CONSERVATION BANK, page 405, after line 4, by adding an appropriately numbered paragraph to read:
/Notwithstanding any other provision of law relating to the use of revenues of the South Carolina Conservation Bank Trust Fund, an amount credited to that fund in the current fiscal year equal to five million dollars is earmarked for beach renourishment projects as provided in this paragraph. The bank, in consultation with the Department of Parks, Recreation and Tourism shall use these funds first for beach renourishment capital projects at Hunting Island State Park, to the extent federal funds are unavailable in the current fiscal year for these projects. The Conservation Bank is further directed to transfer $2,500,000 to the Department of Health and Human Services for Medicaid. To the extent unexpended in the current fiscal year, the revenues of the Conservation Bank Trust Fund earmarked pursuant to this paragraph remain earmarked when carried forward to the succeeding fiscal year and must be used for the same purposes. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. QUINN explained the amendment.

Rep. HARRELL spoke in favor of the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HARRELL continued speaking.
Rep. COBB-HUNTER spoke against the amendment.
Rep. BOWERS spoke in favor of the amendment.
Rep. OTT spoke against the amendment.
Rep. J. H. NEAL spoke against the amendment.

SPEAKER IN CHAIR

Rep. J. H. NEAL continued speaking.
Rep. COOPER moved cloture on the Section.

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

Yeas 77; Nays 29

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Bingham                Bowers                 Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Coleman
Cooper                 Cotty                  Dantzler
Delleney               Duncan                 Edge
Emory                  Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Harvin                 Haskins
Herbkersman            Hinson                 Huggins
Keegan                 Kirsh                  Koon
Leach                  Lee                    Limehouse
Loftis                 Lucas                  Mahaffey
Martin                 McGee                  Merrill
J. M. Neal             Neilson                Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rice
Richardson             Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            W. D. Smith
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Trotter                Umphlett               Vaughn
Walker                 Whitmire               Wilkins
Witherspoon            Young

Total--77

Those who voted in the negative are:

Allen                  Anthony                Branham
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Freeman                Gourdine               J. Hines
Hosey                  Howard                 Jennings
Kennedy                Lloyd                  Lourie
Mack                   Miller                 J. H. Neal
Ott                    Parks                  Rutherford
J. E. Smith            Snow                   Weeks
Whipper                White

Total--29

So, cloture was ordered.

Rep. LOFTIS spoke in favor of the amendment.

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

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

Yeas 38; Nays 74

Those who voted in the affirmative are:

Allen                  Anthony                Bales
Branham                Breeland               G. Brown
Clyburn                Cobb-Hunter            Coleman
Cotty                  Edge                   Emory
Freeman                Gourdine               Govan
Hayes                  J. Hines               Hosey
Howard                 Jennings               Keegan
Kennedy                Kirsh                  Lee
Littlejohn             Lourie                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Ott                    Parks
Richardson             J. E. Smith            Snow
Stille                 Weeks

Total--38

Those who voted in the negative are:

Altman                 Bailey                 Barfield
Bingham                Bowers                 R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Delleney               Duncan
Frye                   Gilham                 Hagood
Hamilton               Harrell                Harrison
Harvin                 Haskins                Herbkersman
Hinson                 Huggins                Koon
Leach                  Limehouse              Lloyd
Loftis                 Lucas                  Mack
Mahaffey               McCraw                 McGee
Merrill                Neilson                Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rice
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 Whipper
White                  Whitmire               Wilkins
Witherspoon            Young

Total--74

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 75; Nays 35

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Bingham                Bowers                 R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Dantzler               Delleney
Duncan                 Edge                   Frye
Gilham                 Hagood                 Hamilton
Harrell                Harrison               Harvin
Haskins                Herbkersman            Hinson
Huggins                Koon                   Leach
Limehouse              Lloyd                  Loftis
Lucas                  Mack                   Mahaffey
McCraw                 McGee                  Merrill
Neilson                Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rice                   Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Whipper                White
Whitmire               Wilkins                Young

Total--75

Those who voted in the negative are:

Allen                  Anthony                Bales
Branham                Breeland               J. Brown
Clyburn                Cobb-Hunter            Coleman
Cotty                  Emory                  Freeman
Gourdine               Govan                  Hayes
J. Hines               Hosey                  Jennings
Keegan                 Kennedy                Kirsh
Lee                    Lourie                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Ott                    Parks
Richardson             J. E. Smith            Snow
Stille                 Weeks

Total--35

So, the amendment was adopted.

SECTION 19--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 19 was adopted was taken up and agreed to.

Rep. KEEGAN proposed the following Amendment No. 142 (Doc Name h:\legwork\house\amend\h-wm\002\19.6overridenvekgn.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 19, MUSEUM COMMISSION, page 394, paragraph 6, line 14, by striking /RESERVED/ and reinserting / (MUSM: Across-the-Board Cut Exemption) In the calculation of any across-the-board cut mandated by the Budget and Control Board or General Assembly, the amount of the museum's rent which the commission pays to General Services for the retirement of General Revenue Bonds shall be excluded from the museum's base budget. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 19, as amended, was adopted.

SECTION 27--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 27 was adopted was taken up and agreed to.

Rep. HARRELL proposed the following Amendment No. 364 (Doc Name h:\legwork\house\amend\h-wm\001\coordinating council.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 405, after line 3, by adding an appropriately numbered paragraph to read:
/(CMRC: Funding For I-73) Of the funds authorized for the Coordinating Council Economic Development, one million dollars shall be made available for the routing, planning and construction of I-73./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 27, as amended, was adopted.

SECTION 35--RECONSIDERED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 35 was adopted was taken up and agreed to.

POINT OF ORDER

Rep. PERRY raised the Point of Order that Section 35.7 was not germane to the Bill under Rule 5.3B. He stated that the Speaker had ruled a similar proviso out of order in 2003 because it did not relate to state funds.
SPEAKER WILKINS stated that Mr. Perry was correct that in 2003 an almost identical proviso was ruled out of order. However, he stated that he had since conducted extensive research of past precedents and determined that his ruling from 2003 was incorrect. He stated that Rule 5.3B did not require that an amendment or proviso must concern state funds. He stated that the proviso affected the appropriation of county funds to local defender corporations, and that other funds, not just state funds, were sufficient under Rule 5.3B. Therefore he overruled the Point of Order.

Section 35 was adopted.

SECTION 54--RECONSIDERED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 54 was adopted was taken up and agreed to.

AMENDMENT NO. 2--RECONSIDERED AND TABLED

Rep. RICE moved to reconsider the vote whereby Amendment No. 2 was adopted.

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

Yeas 66; Nays 40

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Cato
Chellis                Clemmons               Coates
Cooper                 Dantzler               Edge
Frye                   Gilham                 Hagood
Hamilton               Harrell                Harrison
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Lloyd
Loftis                 Lucas                  Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Owens
Perry                  E. H. 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                Talley                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--66

Those who voted in the negative are:

Allen                  Anthony                Bales
Branham                Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Duncan
Emory                  Freeman                Gourdine
Govan                  Harvin                 Hayes
Herbkersman            J. Hines               Hosey
Howard                 Jennings               Lourie
Mack                   Miller                 Moody-Lawrence
J. M. Neal             Neilson                Ott
Parks                  Pinson                 Rutherford
J. E. Smith            Snow                   Stille
Taylor                 Viers                  Weeks
Whipper

Total--40

So, the motion to reconsider was agreed to.

Rep. PARKS proposed the following Amendment No. 2 (Doc Name h:\legwork\house\amend\h-wm\004\jdlhstudy.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 54, LEGISLATIVE DEPARTMENT, page 438, after line 4, by adding an appropriately numbered paragraph to read:
/The Legislative Audit Council is directed to conduct a study of the John de la Howe School. This study should measure the effectiveness of the current programs at the school, and present alternatives to the General Assembly regarding utilization of the school's land and funding as well as potential restructuring options for the school./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RICE explained the amendment.

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

Section 54 was adopted.

SECTION 13--RECONSIDERED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 13 was adopted was taken up and agreed to.

AMENDMENT NO. 38--RECONSIDERED AND TABLED

Rep. HARRELL moved to reconsider the vote whereby Amendment No. 38 was adopted, which was agreed to.

Rep. HARRELL proposed the following Amendment No. 38 (Doc Name h:\legwork\house\amend\h-wm\008\culyldi.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 392, after line 3, by adding an appropriately numbered paragraph to read:
/The department shall allocate $120,000 to the Columbia Urban League's Youth Leadership Development Institute./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 13 was adopted.

SECTION 64--RECONSIDERED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 64 was adopted was taken up and agreed to.

Rep. MILLER proposed the following Amendment No. 338 (Doc Name h:\legwork\house\amend\council\dka\3841dw04.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 64, DEPARTMENT OF REVENUE, page 462, after line 27, by adding an appropriately numbered paragraph to read:
/ 64.     (DOR: Multi-county Industrial Parks)   Each county that has entered into a written agreement with another county to develop an industrial or business park, pursuant to the provisions of Section 4-1-170 of the 1976 Code, shall file with the Department of Revenue, on forms provided by the department, information concerning these parks as required by the department. The department is not responsible for the accuracy or updating the information it receives from the counties. The department shall use funds appropriated to it to develop the forms and other implementation of this paragraph. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER explained the amendment.

Rep. COOPER moved to table the amendment, which was agreed to by a division vote of 53 to 43.

Rep. E.H. PITTS proposed the following Amendment No. 217 (Doc Name h:\legwork\house\amend\h-wm\001\bluelawstwo.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 64, DEPARTMENT OF REVENUE, page 462, after line 27, by adding an appropriately numbered paragraph to read:
/(DOR:Employee Protection Blue laws supspension) Notwithstanding any other provision of law, an employee of a business that operates on Sunday has the option of refusing to work on Sunday if he is conscientiously opposed to Sunday work. An employer who dismisses or demotes an employee because the employee is a conscientious objector to Sunday work is subject to a civil penalty of treble the damages found by the court or the jury plus court costs and the employee's attorney's fees. The court may order the employer to rehire or reinstate the employee in the same position he was in before dismissal or demotion without forfeiture of compensation, rank, grade, or seniority. A proprietor of a retail establishment who is opposed to working on Sunday must not be forced by his lessor or franchiser to open his establishment on Sunday and there may not be discrimination against a person whose regular day of worship is Saturday.

Sections 53-1-6 through 53-1-160 of the 1976 Code are suspended for Fiscal Year 2004-05. The suspension of these sections does not affect provisions of law, including those in Title 61 of the 1976 Code, regulating or prohibiting the sale of alcoholic liquors, beer, or wine on Sunday./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. E. H. PITTS explained the amendment.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 217 was out of order in that it was not germane under Rule 5.3B.
SPEAKER WILKINS stated that the amendment met the requirements of the germaneness test of Rule 5.3B and he overruled the Point of Order.

Rep. E. H. PITTS continued speaking.

Rep. COOPER moved to table the amendment.

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

Yeas 62; Nays 48

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Barfield               Bingham                Branham
Breeland               G. Brown               R. Brown
Cato                   Chellis                Clark
Coates                 Cooper                 Davenport
Delleney               Emory                  Frye
Gilham                 Gourdine               Govan
Hamilton               Harrell                Haskins
Hayes                  Hosey                  Kirsh
Koon                   Leach                  Limehouse
Lloyd                  Loftis                 Lucas
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Moody-Lawrence
J. M. Neal             Ott                    Pinson
Rice                   Richardson             Sandifer
Scarborough            Scott                  Simrill
Sinclair               G. R. Smith            W. D. Smith
Talley                 Thompson               Toole
Townsend               Tripp                  Trotter
Vaughn                 Walker                 White
Whitmire               Wilkins

Total--62

Those who voted in the negative are:

Allen                  Bales                  Battle
Bowers                 J. Brown               Ceips
Clyburn                Cobb-Hunter            Coleman
Cotty                  Dantzler               Duncan
Edge                   Freeman                Harvin
J. Hines               Hinson                 Howard
Jennings               Kennedy                Lee
Littlejohn             Lourie                 Merrill
Miller                 J. H. Neal             Neilson
Owens                  Parks                  Perry
E. H. Pitts            M. A. Pitts            Quinn
Rutherford             Skelton                D. C. Smith
G. M. Smith            J. E. Smith            J. R. Smith
Snow                   Stewart                Stille
Taylor                 Umphlett               Viers
Weeks                  Witherspoon            Young

Total--48

So, the amendment was tabled.

Section 64 was adopted.

PART IA

SECTION 1AA--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 1AA was adopted was taken up and agreed to.

Rep. HARRELL proposed the following Amendment No. 365 (Doc Name h:\legwork\house\amend\h-wm\007\lottery_balancing.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 15, line 2, opposite /Lottery Expenditure Acct/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

6,645,570
Amend the bill further, as and if amended, page 15, line 3, opposite /Unclaimed Prizes/ 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. HARRELL explained the amendment.
The amendment was then adopted.

Section 1AA, as amended, was adopted.

SECTION 5A---RECONSIDERED, AMENDED AND ADOPTED

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

Rep. HARRELL proposed the following Amendment No. 366 (Doc Name h:\legwork\house\amend\h-wm\002\sreb bal.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 5A, COMMISSION ON HIGHER EDUCATION, page 27, line 29, opposite /SREB CONT PRO SCHOLA/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

342,864     342,864
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 5A, as amended, was adopted.

SECTION 26--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 26 was adopted was taken up and agreed to.

Rep. HARRELL proposed the following Amendment No. 367 (Doc Name h:\legwork\house\amend\h-wm\002\palmbowl 380k.doc), which was adopted:
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
Amend the bill further, as and if amended, Part IA, Section 26, page 169, immediately after line 32, by inserting a new line to read:

Column 3   Column 4
Palmetto Bowl   380,000   380,000
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.

Section 26, as amended, was adopted.

SECTION 5N--RECONSIDERED, AMENDED AND ADOPTED

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

Rep. HARRELL proposed the following Amendment No. 368 (Doc Name h:\legwork\house\amend\h-wm\002\tec nursing bal3.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 5N, TECHNICAL & COMPREHENSIVE EDUCATION BOARD, page 72, immediately after line 29, by inserting a new line to read:

Column 3   Column 4
Midlands Tech Nursing Program

613,590   613,590
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 5N, as amended, was adopted.

PART IB

SECTION 26--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 26 was adopted was taken up and agreed to.

Rep. HARRELL proposed the following Amendment No. 369 (Doc Name h:\legwork\house\amend\h-wm\002\prtpalmbowl bal.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 402, after line 3, by amending Amendment No. 36 adopted March 11, 2004 by striking the paragraph and by inserting an appropriately numbered paragraph to read:
/(PRT: Palmetto Bowl Funding) The Department of Parks, Recreation and Tourism is directed to retain the funding provided in this act for the Palmetto Bowl until such time as the department is certain that the bowl game will be held in South Carolina./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 26, as amended, was adopted.

PART IA

SECTION 4--MOTION TO RECONSIDER TABLED

The motion of Rep. HARRELL to reconsider the vote whereby Section 4 was adopted was taken up.

Rep. HARRELL moved to table the motion to reconsider.

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

Yeas 64; Nays 40

Those who voted in the affirmative are:

Bingham                Bowers                 Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Cooper
Dantzler               Davenport              Delleney
Edge                   Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Herbkersman            Hinson
Huggins                Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Lucas                  Mahaffey               McCraw
McGee                  Merrill                Neilson
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               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--64

Those who voted in the negative are:

Allen                  Anthony                Bales
Barfield               Branham                Breeland
J. Brown               Clyburn                Cobb-Hunter
Duncan                 Emory                  Freeman
Gourdine               Govan                  Harvin
Hayes                  J. Hines               Hosey
Howard                 Kennedy                Lee
Lloyd                  Lourie                 Mack
Martin                 McLeod                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Parks                  Pinson                 M. A. Pitts
Rutherford             Scott                  J. E. Smith
Snow                   Stille                 Weeks
Whipper

Total--40

So, the motion to reconsider was tabled.

MOTION ADOPTED

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

STATEMENT BY REP. HARRELL

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

Rep. J. E. SMITH spoke against the Bill.
Rep. COBB-HUNTER spoke against the Bill.
Rep. HARRELL spoke in favor of the Bill.
Rep. LOURIE spoke against the Bill.
Rep. J. H. NEAL spoke against the Bill.

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

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

Yeas 80; Nays 35

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Battle                 Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Cooper
Dantzler               Davenport              Delleney
Duncan                 Edge                   Frye
Gilham                 Govan                  Hagood
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hayes
Herbkersman            J. Hines               Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McCraw
McGee                  Merrill                Neilson
Ott                    Owens                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Richardson             Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--80

Those who voted in the negative are:

Allen                  Anthony                Barfield
Bowers                 Branham                Breeland
G. Brown               R. Brown               Clyburn
Cobb-Hunter            Cotty                  Emory
Freeman                Gourdine               Hosey
Howard                 Kennedy                Lee
Lloyd                  Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Parks
Rice                   Rutherford             J. E. Smith
Snow                   Stille                 Thompson
Weeks                  Whipper

Total--35

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

RECORD FOR VOTING

Due to circumstances beyond my control, I was unable to be present for the final vote on the budget. I would have voted in favor of the Bill.

Rep. Tom Rhoad

RECORD FOR VOTING

I support H. 4925, the General Appropriation Bill of 2004-2005. However, I did not vote for H. 4925 because it appropriated funds to be expended for abortion, which I oppose.

Rep. Liston Barfield

H. 4925--THE GENERAL APPROPRIATION BILL
STATEMENTS FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 38, 43, 44, 45, 46, 50, and 55
The reason for abstaining on the above referenced legislation is:

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

Rep. KARL B. ALLEN

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 38, 43, 44, 45, 46, 50, 51, 55, and 64

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

Rep. ALAN D. CLEMMONS

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and IB, Sections 10, 12, 13, and 39

The reason for abstaining on the above referenced legislation is:

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

Rep. GILDA COBB-HUNTER

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 38, 43, 44, 45, 46, 50, 51, and 55

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

Rep. CREIGHTON B. COLEMAN

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 13, 30, 35, 36, 37, 38, 39, 43, 45, 46, 47, 50, 51, 53, 54, and 55

The reason for abstaining on the above referenced legislation is:

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

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

Rep. BILL COTTY

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 38, 43, 44, 45, 46, 50, 51, and 55
The reason for abstaining on the above referenced legislation is:

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

Rep. F. GREG DELLENEY

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 9, 55, and 63

The reason for abstaining on the above referenced legislation is:

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

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

Rep. BEN HAGOOD

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 49, 55, and 64
The reason for abstaining on the above referenced legislation is:

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

Rep. JAMES H. HARRISON

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 13, 35, 36, 37, 38, 39, 43, 44, 45, 46, 50, 51, and 55
The reason for abstaining on the above referenced legislation is:

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

Rep. DOUG JENNINGS

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 38, 43, 44, 45, 46, 50, 51, and 55
The reason for abstaining on the above referenced legislation is:

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

Rep. JAY LUCAS

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

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

The reason for abstaining on the above referenced legislation is:

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

Rep. DAVID J. MACK III

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 38, 43, 44, 45, 46, 50, 51 and 55

The reason for abstaining on the above referenced legislation is:

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

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

Rep. JAMES MCGEE

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 38, 43, 44, 45, 46, 50, 51 and 55
The reason for abstaining on the above referenced legislation is:

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

Rep. R. THAYER RIVERS

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 38, 43, 44, 45, 46, 50, 51 and 55
The reason for abstaining on the above referenced legislation is:

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

Rep. PHIL SINCLAIR

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section 35.11

The reason for abstaining on the above referenced legislation is:

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

Rep. B. R. SKELTON

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 38, 43, 44, 45, 46, 50, 51 and 55
The reason for abstaining on the above referenced legislation is:

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

Rep. FLETCHER N. SMITH

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Sections 8-0020, line O, 35, 38, 43, 44, 50, 51, 55, and 63

The reason for abstaining on the above referenced legislation is:

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

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

Rep. G. MURRELL SMITH, JR.

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 9, 27, 28, 30, 38, 43, 47, 55 and 71

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

Rep. W. DOUG SMITH

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 69A

The reason for abstaining on the above referenced legislation is:

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

Rep. C. DAVID UMPHLETT, JR.

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 38, 43, 44, 45, 46, 50, 51 and 55

The reason for abstaining on the above referenced legislation is:

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

Rep. J. DAVID WEEKS

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

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

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

Rep. DAVID H. WILKINS

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

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4938 (Word version) -- Reps. W.D. Smith, Coleman, Harrison, J.E. Smith and Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF SUCCESSFUL PROSECUTOR, RESPECTED ATTORNEY, LOYAL FRIEND, AND FAMILY MAN, JAMES C. "JIM" ANDERS OF COLUMBIA, ON SATURDAY, MARCH 6, 2004, AND TO CONVEY THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

ADJOURNMENT

At 12:25 a.m. Friday the House, in accordance with the motion of Rep. UMPHLETT, adjourned in memory of James Bryan Ware, Jr., brother-in-law of Representative Umphlett, to meet at 12:00 noon, Tuesday, March 18, in Statewide Session.

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