South Carolina General Assembly
116th Session, 2005-2006
Journal of the House of Representatives


Printed Page 1950 . . . . . Wednesday, March 29, 2006

Wednesday, March 29, 2006
(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 Hebrews 12:3: "Consider him--so that you may not grow weary or lose heart."
Let us pray. Holy God, refresh our energy and restore our soul with passion as these Representatives work to accomplish the task before them. Fill them with zeal to do the work of the people. Continue to give each Representative, staff, assistant, security officer and helpers the strength, courage and wisdom to make it through the day. Bless our Nation, President, State, Governor and all leaders. Keep our defenders of freedom safe as they protect us. We pray in the name of our Lord. 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. WALKER moved that when the House adjourns, it adjourn in memory of Cathy McHenry Bird of Gramling, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family of Representative Weeks due to the death of his grandmother.

SILENT PRAYER

The House stood in silent prayer for the heros and their families who have died in Afghanistan and Iraq.


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MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 28, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Short, Hawkins and Ritchie of the Committee of Conference on the part of the Senate on H. 4671:

H. 4671 (Word version) -- Reps. G. M. Smith, Delleney and Harrison: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS THAT AN ADMINISTRATIVE LAW JUDGE SHALL PRESIDE OVER, SO AS TO DELETE THE PROVISION THAT EXCLUDES CERTAIN MOTOR VEHICLE RELATED HEARINGS AND PROCEEDINGS, TO PROVIDE THAT THE CLERK OF THE ADMINISTRATIVE LAW COURT MUST FILE A CERTIFIED COPY OF A FINAL ORDER WITH A CLERK OF THE CIRCUIT COURT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THIS ORDER HAS THE SAME EFFECT AS A JUDGMENT OF THE COURT; TO AMEND SECTION 1-23-660, AS AMENDED, RELATING TO THE ADMINISTRATIVE LAW COURT DIVISION OF MOTOR VEHICLE HEARINGS, SO AS TO GIVE THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW COURT THE AUTHORITY TO PROMULGATE RULES GOVERNING THE PRACTICE AND PROCEDURES BEFORE THE DIVISION WHICH ARE SUBJECT TO REVIEW BY THE SUPREME COURT; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR CERTAIN TERMS THAT RELATE TO THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-370, RELATING TO THE REVIEW OF THE CANCELLATION, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF MOTOR VEHICLES TO CONDUCT THE REVIEW AND PROVIDE THAT THE DIVISION OF MOTOR VEHICLE HEARINGS SHALL CONDUCT THESE PROCEEDINGS; TO AMEND SECTION 56-1-410, RELATING TO THE JUDICIAL REVIEW OF A DEPARTMENT OF MOTOR


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VEHICLES ORDER THAT CANCELS, SUSPENDS, OR REVOKES A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO DELETE THE PROVISIONS THAT RELATE TO THE REVIEW OF A DECISION OF THE DEPARTMENT OF MOTOR VEHICLES AND TO PROVIDE FOR THE REVIEW OF A DECISION ISSUED BY A HEARING OFFICER OF THE DECISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1030, RELATING TO THE REVOCATION OF THE DRIVER'S LICENSE OF A HABITUAL OFFENDER, SO AS TO PROVIDE THAT A REVOCATION PROCEEDING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-1-1090, RELATING TO THE ISSUANCE OF A LICENSE TO A HABITUAL OFFENDER, SO AS TO DELETE THE TERMS "DEPARTMENT OF MOTOR VEHICLES" AND "MAGISTRATE" AND SUBSTITUTE THEM FOR THE TERMS "HEARING OFFICER" AND "ADMINISTRATIVE LAW JUDGE", AND TO PROVIDE THAT A PETITION TO OBTAIN A DRIVER'S LICENSE PURSUANT TO THIS PROVISION MUST BE FILED WITH THE DIVISION OF MOTOR VEHICLE HEARINGS; TO AMEND SECTION 56-5-2951, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR HIS REFUSAL TO SUBMIT TO TESTING FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION, SO AS TO PROVIDE THAT ADMINISTRATIVE HEARINGS THAT ARE CONDUCTED PURSUANT TO THIS PROVISION MUST BE CONDUCTED BY A HEARING OFFICER OF THE DIVISION OF MOTOR VEHICLE HEARINGS AND REVIEWED BY THE ADMINISTRATIVE LAW COURT, AND TO PROVIDE THAT THE ARRESTING LAW ENFORCEMENT OFFICER OR DATA MASTER OPERATOR IS A PARTY OF RECORD IN ALL HEARINGS CONDUCTED PURSUANT TO THIS SECTION; TO AMEND SECTION 56-9-363, RELATING TO AN ADMINISTRATIVE HEARING TO CHALLENGE THE SUSPENSION OF A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT THE HEARING MUST BE CONDUCTED BEFORE THE DIVISION OF MOTOR VEHICLE HEARINGS WITH APPEALS FILED WITH THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 56-15-350, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OF A DRIVER'S LICENSE BY THE DEPARTMENT OF MOTOR VEHICLES UNDER CERTAIN

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CIRCUMSTANCES, SO AS TO PROVIDE THAT A LICENSEE MAY HAVE THIS DECISION REVIEWED BY THE DIVISION OF MOTOR VEHICLE HEARINGS; AND TO REPEAL SECTION 56-5-2952, RELATING TO THE FILING FEE FOR AN ADMINISTRATIVE HEARING; AND TO REPEAL SECTION 56-9-320, RELATING TO JUDICIAL REVIEW OF ORDERS OR ACTS OF THE DEPARTMENT OF MOTOR VEHICLES.

Very respectfully,
President
Received as information.

S. 145--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., March 28, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 145:

S. 145 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390, TO PROVIDE THAT NO MORE THAN ONE ARKANSAS BLUE CATFISH OVER THIRTY-FOUR INCHES MAY BE TAKEN FROM THE WATERS OF LAKES MARION AND MOULTRIE BY ANY ONE PERSON IN ONE DAY, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION APPLY TO COMMERCIAL AS WELL AS RECREATIONAL FISHERMEN.
and asks for a Committee of Conference and has appointed Senators McConnell, Mescher and Grooms of the Committee of Conference on the part of the Senate.

Very respectfully,
President

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


Printed Page 1954 . . . . . Wednesday, March 29, 2006

REPORT OF STANDING COMMITTEE

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

H. 4870 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 221 IN LAURENS COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 39 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 72 THE "JOE B. MEDLOCK MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "JOE B. MEDLOCK MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4905 (Word version) -- Rep. Townsend: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR CLAUDE "JACK" CARTEE OF ANDERSON COUNTY FOR HIS HARD WORK AND DEDICATION RAISING MONEY AND SUPPORTING THE SHRINERS HOSPITALS FOR CHILDREN DURING HIS FORTY-FIVE YEARS OF SERVICE AS A DEVOTED SHRINER.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4906 (Word version) -- Reps. Taylor, Duncan, M. A. Pitts, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack,


Printed Page 1955 . . . . . Wednesday, March 29, 2006

Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE MRS. HESTER BYRD OF LAURENS COUNTY AS SHE CELEBRATES HER ONE HUNDREDTH BIRTHDAY ON MARCH 28, 2006, AND TO WISH HER A MAGNIFICENT BIRTHDAY CELEBRATION AS WELL AS MANY MORE YEARS OF HAPPINESS AND JOY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4907 (Word version) -- Reps. Funderburk, Cotty, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR AND COMMEND TEEN MISS SOUTH CAROLINA MEGAN RADVANSKY OF RICHLAND COUNTY FOR HER OUTSTANDING WORK IN STRESSING THE IMPORTANCE OF WEARING SEAT BELTS IN PROTECTION OF


Printed Page 1956 . . . . . Wednesday, March 29, 2006

THE HEALTH AND SAFETY OF ALL SOUTH CAROLINIANS, AND TO WISH HER THE BEST IN ALL FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4908 (Word version) -- Rep. Simrill: A HOUSE RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF JOHN "DIN DIN" ANDERSON GILL OF YORK COUNTY AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4909 (Word version) -- Reps. Hosey, Rhoad, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE MRS. E. MITCHELL LEBBY OF BARNWELL COUNTY FOR HER MANY YEARS OF OUTSTANDING SERVICE IN EDUCATING THE YOUNG


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STUDENTS OF BLACKVILLE DISTRICT NUMBER NINETEEN, HER LONG TENURE AS AN EDUCATIONAL MENTOR TO THE CITIZENS OF SOUTH CAROLINA, AND HER UNMATCHED RECORD OF COMMUNITY SERVICE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4910 (Word version) -- Rep. J. H. Neal: A CONCURRENT RESOLUTION URGING THE CONGRESS OF THE UNITED STATES TO ACT SWIFTLY TO ENACT LEGISLATION REAUTHORIZING THE RYAN WHITE CARE ACT ACCORDING TO PRINCIPLES PROPOSED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PROVIDE COMPREHENSIVE CARE FOR THE NEEDIEST VICTIMS OF HIV/AIDS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1281 (Word version) -- Senator Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DIVA GIRLZ, INC., A SOUTH CAROLINA COMPANY ORGANIZED FOR THE EMPOWERMENT OF WOMEN AND ITS FOUNDER, MS. WOODEENA (DINA) CURRY, FOR ALL THEIR TRULY WONDERFUL EFFORTS IN AIDING AND ASSISTING VICTIMS OF HURRICANE KATRINA WHO HAVE RELOCATED TO SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1282 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREENVILLE HIGH SCHOOL RED


Printed Page 1958 . . . . . Wednesday, March 29, 2006

RAIDERS VARSITY BOYS BASKETBALL TEAM ON ITS IMPRESSIVE 2006 CLASS AAA STATE CHAMPIONSHIP TITLE AND TO HONOR THE PLAYERS AND THEIR COACH, DONDI MCGOWAN, ON AN EXCEPTIONAL SEASON.

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

INTRODUCTION OF BILLS

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

H. 4911 (Word version) -- Reps. Merrill and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-875 SO AS TO PROVIDE THAT THE COURT MAY ORDER A NONCUSTODIAL PARENT WHO IS UNEMPLOYED OR UNDEREMPLOYED TO PARTICIPATE IN AN EMPLOYMENT TRAINING PROGRAM OR PUBLIC SERVICE EMPLOYMENT, TO PROVIDE THAT UPON FAILURE OF THE PARENT TO COMPLY WITH SUCH AN ORDER, THE COURT MAY ISSUE A WARRANT FOR THE PARENT'S ARREST; AND TO PROVIDE THAT COURT ADMINISTRATION SHALL APPROVE THE ELIGIBILITY CRITERIA, ACCOUNTABILITY, AND IMPLEMENTATION PROGRAM OF SUCH A PROGRAM.
Referred to Committee on Judiciary

H. 4912 (Word version) -- Reps. Lucas, Neilson and J. Hines: A BILL TO AMEND ACT 748 OF 1978, AS AMENDED, RELATING TO THE DARLINGTON COUNTY BOARD OF EDUCATION, SO AS TO CHANGE THE CANDIDATE FILING DEADLINE FROM SEPTEMBER FIRST TO AUGUST FIFTEENTH AND CHANGE THE DATE THE FIRST NOTICE MUST BE PUBLISHED.
Referred to Darlington Delegation

H. 4913 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-717 SO AS TO PROVIDE FOR A THREE PERCENT SURCHARGE ON A RENTAL CONTRACT FOR THE RENTING OF HEAVY EQUIPMENT AND TO DEFINE "HEAVY EQUIPMENT" FOR THIS PURPOSE; BY ADDING SECTION 12-54-126 SO AS TO PROVIDE FOR THE RETURN BY A BUSINESS OF A LICENSE


Printed Page 1959 . . . . . Wednesday, March 29, 2006

ISSUED BY THE DEPARTMENT OF REVENUE AND PAYMENT OF TAXES DUE UPON THE CLOSING OR TRANSFER OF THE BUSINESS; BY ADDING SECTION 12-54-196 SO AS TO PROVIDE FOR A PENALTY FOR A RETAILER COLLECTING AN EXCESSIVE STATE OR LOCAL SALES TAX AND TO PROVIDE FOR MITIGATION OF THE PENALTY; BY REDESIGNATING SECTION 12-4-780, RELATING TO ACCEPTANCE BY THE DEPARTMENT OF REVENUE OF PAYMENT OF TAXES BY CREDIT CARD; TO AMEND SECTION 12-4-395, SO AS TO CORRECTLY REFLECT IT AS A GENERAL POWER OF THE DEPARTMENT; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE FEDERAL INTERNAL REVENUE CODE TO THIS STATE'S TAX LAWS, SO AS TO REFER TO THE IRC AS AMENDED THROUGH DECEMBER 31, 2005; TO AMEND SECTION 12-6-545, RELATING TO INCOME TAX RATES FOR ACTIVE TRADE OR BUSINESS INCOME OF A PASS-THROUGH BUSINESS, SO AS TO PROVIDE FOR ROYALTIES TREATED AS PERSONAL HOLDING COMPANY INCOME AND AMOUNTS PAID AS GUARANTEED PAYMENTS REASONABLY RELATED TO PERSONAL SERVICES, TO DESCRIBE INCOME REASONABLY RELATED TO PERSONAL SERVICES, AND TO PROVIDE FOR ELECTIONS AS TO TREATMENT OF INCOME FOR PERSONAL SERVICES; TO AMEND SECTION 12-6-3350, RELATING TO TAX CREDIT FOR A STATE CONTRACTOR USING MINORITY SUBCONTRACTORS, SO AS TO CONFORM THE TERM "MINORITY FIRM" TO LANGUAGE USED ELSEWHERE IN THE SOUTH CAROLINA CODE OF LAWS AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO DELETE THE REQUIREMENT THAT THE TAXPAYER HAVE ONE HUNDRED OR MORE EMPLOYEES, AND TO REVISE THE DEFINITION OF "DISTRIBUTION FACILITY"; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM THE DEFINITION OF DISTRIBUTION FACILITY TO THE REVISED DEFINITION PROVIDED BY THE AMENDMENT TO THE TARGETED JOBS TAX CREDIT IN THIS ACT; TO AMEND SECTION 12-6-3375, RELATING TO CREDITS AGAINST THE STATE INCOME TAX FOR AN INCREASE IN PORT CARGO VOLUME, SO AS TO PROVIDE FOR DETERMINATION OF THE BASE PORT CARGO

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VOLUME, THAT THE TAXPAYER APPLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO QUALIFY, THAT THE COUNCIL DETERMINE THE AMOUNT OF THE CREDIT UP TO A MAXIMUM OF EIGHT MILLION DOLLARS FOR ALL TAXPAYERS FOR EACH CALENDAR YEAR, THAT THE ENTIRE MAXIMUM AMOUNT BE PRORATED AMONG QUALIFYING TAXPAYERS IN A CALENDAR YEAR, AND FOR CARRYOVER OF EXCESS CREDIT FOR THE NEXT FIVE YEARS; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PERMITTED DISCLOSURES OF INFORMATION BY THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE EXCHANGE OF INFORMATION BETWEEN THE DEPARTMENT AND THE DEPARTMENT OF COMMERCE IN CONNECTION WITH THE CREDIT FOR INCREASED PORT CARGO VOLUME; TO AMEND SECTION 12-6-3385, RELATING TO A REFUNDABLE INCOME TAX CREDIT FOR A TUITION PAYMENT, SO AS TO SUSPEND THE FOUR-YEAR CREDIT PERIOD IF A STUDENT IS DEPLOYED BY THE MILITARY ON ACTIVE DUTY DURING THE PERIOD AND RE-ENROLLS UPON DEMOBILIZATION; TO AMEND SECTION 12-6-3535, AS AMENDED, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED A TAXPAYER MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, SO AS TO ADD TECHNICAL REFERENCES AND TO DEFINE "PARTNER" FOR PURPOSES OF THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES; TO AMEND SECTION 12-6-5030, AS AMENDED, RELATING TO THE FILING OF A COMPOSITE CORPORATE INCOME TAX RETURN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF A NONRESIDENT PARTICIPANT'S PRO RATA SHARE OF SOUTH CAROLINA INCOME TAX; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO JOB DEVELOPMENT TAX CREDITS, SO AS TO DELETE UNNECESSARY REFERENCES AND TO CORRECT A REFERENCE; TO AMEND SECTIONS 12-23-810, 12-23-830, AND 12-23-840, RELATING TO TAX ON LICENSED HOSPITALS FOR INDIGENT HEALTH CARE, SO AS TO PROVIDE FOR AN INITIAL TAX AND FOR TAXES FOR SECOND AND SUCCESSIVE FISCAL YEARS, TO PROVIDE FOR CALCULATION OF THE TAX, AND TO PROVIDE THAT THE MONIES BE USED FOR HEALTH CARE COVERAGE FOR

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CERTAIN POPULATIONS IN THIS STATE; TO AMEND SECTION 12-28-110, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE USER FEE FOR MOTOR FUELS, SO AS TO FURTHER DEFINE "DIESEL FUEL" TO INCLUDE BIODIESEL FUEL AND "MOTOR FUEL" TO INCLUDE SUBSTITUTE FUEL, TO DEFINE "SUBSTITUTE FUEL", "BIODIESEL", AND "BIODIESEL BLEND", AND TO MAKE CERTAIN CLARIFICATIONS; TO AMEND SECTION 12-28-310, AS AMENDED, RELATING TO THE IMPOSITION OF THE USER FEE, SO AS TO INCLUDE BLENDED, SUBSTITUTED, AND ALTERNATIVE FUELS; TO AMEND SECTION 12-28-790, AS AMENDED, RELATING TO REFUNDS OF THE USER FEE, SO AS TO DELETE THE CREDIT ALLOWANCE TO A SUPPLIER; TO AMEND SECTION 12-28-970, AS AMENDED, RELATING TO THE IMPOSITION OF A BACKUP USER FEE ON MOTOR FUEL USED BY AN END USER, SO AS TO INCLUDE THE USE OF A SUBSTITUTE FUEL AND TO ADD A TAX ON A LIQUID OR GAS THAT IS NOT OTHERWISE SUBJECT TO THE MOTOR FUEL USER FEE, BY PROVIDING FOR A BACKUP TAX EQUAL TO THE USER FEE PAYABLE BY THE FIRST PERSON WHO RECEIVES THE PRODUCT INTO THIS STATE AND PAYABLE BY THE PRODUCER UPON THE FIRST SALE OR FIRST USE IN THIS STATE; TO AMEND SECTION 12-28-975, AS AMENDED, RELATING TO THE DIVERSION OF MOTOR FUEL FROM AN OUT-OF-STATE DESTINATION, SO AS TO REQUIRE NOTIFICATION AND PAYMENT OF THE USER FEE; TO AMEND SECTION 12-28-990, AS AMENDED, RELATING TO THE LIABILITY OF A BLENDER OF FUELS, SO AS TO PROVIDE FOR A USER FEE AGAINST BLENDED FUELS, PAYABLE BY THE BLENDER OR MANUFACTURER; TO AMEND SECTION 12-28-1120, AS AMENDED, RELATING TO A TRANSPORTER OF MOTOR FUEL SUBJECT TO THE USER FEE, SO AS TO REQUIRE A TRANSPORTER'S LICENSE; TO AMEND SECTION 12-28-1370, AS AMENDED RELATING TO A LICENSED TRANSPORTER, SO AS TO CLARIFY THE REPORTABLE TRANSPORTS; TO AMEND SECTION 12-33-245, AS AMENDED, RELATING TO THE IMPOSITION OF AN EXCISE TAX ON THE PROCEEDS OF THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK, SO AS TO PROVIDE FOR SALES MADE AT A LOCATION HOLDING A TEMPORARY LICENSE OR PERMIT, AND TO FURTHER DEFINE THE TERM

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"GROSS PROCEEDS OF SALE" TO INCLUDE THE VALUE OF COMPLIMENTARY ALCOHOLIC LIQUOR, ICE, AND MIXERS; TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALE" FOR PURPOSES OF THE STATE SALES AND USE TAX, SO AS TO PROVIDE THAT THE TERM DOES NOT INCLUDE THE PROCEEDS OF THE SALE OF PERSONAL PROPERTY PURCHASED PURSUANT TO A WARRANTY, MAINTENANCE, OR SIMILAR SERVICE CONTRACT UNDER CERTAIN CONDITIONS; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO APPLICATION OF THE FIVE PERCENT SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE THAT THE TAX APPLIES TO THE GROSS PROCEEDS OF THE SALE OF A WARRANTY, MAINTENANCE, OR OTHER SERVICE CONTRACTS FOR TANGIBLE PERSONAL PROPERTY; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO CLARIFY THE TYPE OF MATERIAL HANDLING SYSTEMS AND EQUIPMENT INCLUDED IN THE EXEMPTIONS, AND TO EXEMPT THE GROSS PROCEEDS FROM A SALE OF A WARRANTY, MAINTENANCE, OR OTHER SERVICE CONTRACT FOR TANGIBLE PERSONAL PROPERTY IF THE GROSS PROCEEDS FROM THE SALE OF THE SUBJECT TANGIBLE PERSONAL PROPERTY IS EXEMPT; TO AMEND SECTION 12-37-2740, RELATING TO SUSPENSION OF A DRIVER'S LICENSE AND VEHICLE REGISTRATION FOR FAILURE TO PAY PERSONAL PROPERTY TAX, SO AS TO CHANGE REFERENCES FROM THE "DEPARTMENT" TO THE "DEPARTMENT OF MOTOR VEHICLES", AND TO PROVIDE FOR A MAXIMUM PENALTY FOR A THIRD AND SUBSEQUENT OFFENSE TO A FIVE HUNDRED-DOLLAR FINE OR THIRTY DAYS IN PRISON, OR BOTH; TO AMEND SECTION 12-37-2890, RELATING TO SUSPENSION OF THE DRIVER'S LICENSE AND VEHICLE REGISTRATION OF A PERSON WHO FAILS TO PAY THE MOTOR CARRIER PROPERTY TAX ON A VEHICLE, SO AS TO PROVIDE THAT THE SUSPENSION BE MADE BY THE DEPARTMENT OF MOTOR VEHICLES AFTER ELECTRONIC NOTICE AND FOR SPECIFIC PENALTIES FOR FIRST AND SUBSEQUENT OFFENSES; TO AMEND SECTION 12-43-335, AS AMENDED, RELATING TO THE CLASSIFICATION OF ASSESSED PROPERTY FOR PURPOSES

Printed Page 1963 . . . . . Wednesday, March 29, 2006

OF EQUALIZATION AND REASSESSMENT, SO AS TO CHANGE A REFERENCE TO CERTAIN SECTOR 22 CLASSIFICATIONS; TO AMEND SECTION 12-54-155, RELATING TO PENALTIES FOR SUBSTANTIAL UNDERSTATEMENT OF TAXES, SO AS TO CLARIFY THAT THE PROVISION REFERS TO AN UNDERPAYMENT OF TAXES BASED ON AN UNDERSTATEMENT OF TAX OR A MISSTATEMENT OF VALUATION, TO PROVIDE THAT CERTAIN PENALTIES DO NOT APPLY TO UNDERPAYMENTS ATTRIBUTABLE TO FRAUD, BUSINESS-RELATED PROPERTY, OR A TAX SHELTER, WHICH ARE PENALIZED ELSEWHERE, TO DEFINE "SUBSTANTIAL VALUATION MISSTATEMENT", AND TO PROVIDE FOR REASONABLENESS AND GOOD FAITH ON THE PART OF THE TAXPAYER AND IN CONNECTION WITH CHARITABLE DEDUCTION PROPERTY; TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS IN CONNECTION WITH THE REVENUE PROCEDURES ACT, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-60-470, AS AMENDED, RELATING TO REFUND CLAIMS BY A STATE TAXPAYER, SO AS TO FURTHER PROVIDE FOR THE LIMITED CIRCUMSTANCES UNDER WHICH A PERSON OTHER THAN THE TAXPAYER LEGALLY LIABLE FOR THE TAX MAY CLAIM OR RECEIVE A REFUND, INCLUDING THE REQUIREMENT THAT AN ASSIGNMENT OF THE CLAIM OR REFUND BE IN WRITING, THE REFUND CLAIM OF A FOREIGN MISSION OR DIPLOMAT, THE APPLICATION OF SECTION 12-60-490, AND THE DISCLOSURE TO ANOTHER PERSON OF THE EFFECT OF OTHER TAX LIABILITIES OF THE TAXPAYER ON THE AMOUNT OF THE REFUND; AND TO REPEAL SECTION 12-4-770, RELATING TO PROCEDURES FOR APPEALING THE PROPOSED ASSESSMENT OF PROPERTY FOR TAXATION.
Referred to Committee on Ways and Means

H. 4914 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 61-6-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME, DAY, AND LOCATION LIMITATIONS ON THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK, SO AS TO DELETE REFERENCES TO THE POSTING OF A CLEARLY VISIBLE SIGN AT THE ESTABLISHMENT'S MAIN ENTRANCE; TO AMEND SECTION 61-6-1620, AS AMENDED, RELATING TO THE POSSESSION AND CONSUMPTION OF ALCOHOLIC


Printed Page 1964 . . . . . Wednesday, March 29, 2006

LIQUORS ON LICENSED PREMISES, SO AS TO FURTHER PROVIDE FOR THE ON PREMISES POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS THAT WERE PURCHASED OFF PREMISES AND TO PROVIDE LIMITS ON A CUSTOMER LEAVING THE PREMISES WITH LIQUOR IN A CONTAINER; TO AMEND SECTION 61-6-4310, RELATING TO THE SALE OF SEIZED ALCOHOLIC LIQUOR, SO AS TO PROVIDE FOR THE SALE BY THE STATE LAW ENFORCEMENT DIVISION; TO REDESIGNATE SECTION 61-6-510, RELATING TO A TEMPORARY LICENSE FOR THE SALE OF ALCOHOLIC LIQUORS BY A NONPROFIT ORGANIZATION, AS SECTION 61-6-2015; AND TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE REVENUE PROCEDURES ACT, SO AS TO DELETE REFERENCES TO REGULATORY VIOLATION MATTERS IN THE DEFINITION OF "EXHAUSTION OF THE TAXPAYER'S ADMINISTRATIVE REMEDY".
Referred to Committee on Judiciary

S. 626 (Word version) -- Senators Hawkins and Leventis: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO INCLUDE THAT IT IS ILLEGAL TO CONFINE OR RESTRICT THE MOVEMENT OF AN ANIMAL IN A WAY THAT INFLICTS EXTENDED AND UNNECESSARY SUFFERING UPON AN ANIMAL.
Referred to Committee on Judiciary

S. 998 (Word version) -- Senators Ritchie and Setzler: A BILL TO AMEND SECTION 20-7-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A FINGERPRINT REVIEW FOR A PERSON APPLYING FOR LICENSURE AS A FOSTER PARENT, SO AS TO INCLUDE ANYONE SEEKING APPROVAL TO ADOPT A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES (DSS) TO UNDERGO A FINGERPRINT REVIEW; AND TO AMEND SECTION 20-7-1642 OF THE 1976 CODE, RELATING TO RESTRICTIONS ON FOSTER CARE REPLACEMENT WITH PERSONS WITH A HISTORY OF CHILD ABUSE OR NEGLECT OR OTHER CRIMINAL CONVICTIONS OR PLEAS, SO AS TO INCLUDE A PROHIBITION ON PLACING A DSS CHILD IN A HOME FOR FOSTER CARE OR ADOPTION


Printed Page 1965 . . . . . Wednesday, March 29, 2006

WHERE ANYONE IN THE HOME OVER THE AGE OF EIGHTEEN HAS PLED GUILTY OR NOLO CONTENDERE TO UNLAWFUL CONDUCT TOWARD A CHILD OR CRUELTY TO CHILDREN.
Referred to Committee on Judiciary

ROLL CALL

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

Agnew                  Anthony                Bailey
Ballentine             Bannister              Barfield
Battle                 Bingham                Brady
Branham                Breeland               J. Brown
R. Brown               Cato                   Ceips
Chalk                  Chellis                Clark
Clemmons               Cooper                 Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Frye
Funderburk             Haley                  Hamilton
Harrell                Harrison               Harvin
Haskins                Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hiott                  Hodges                 Hosey
Huggins                Jefferson              Jennings
Kirsh                  Leach                  Littlejohn
Loftis                 Mahaffey               McCraw
McGee                  McLeod                 Merrill
Miller                 Mitchell               J. H. Neal
J. M. Neal             Ott                    Owens
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rivers                 Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Umphlett
Vaughn                 Vick                   Walker
Whipper                White                  Whitmire
Witherspoon            Young


Printed Page 1966 . . . . . Wednesday, March 29, 2006

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 29.

William Bowers                    Jerry Govan
Nelson Hardwick                   Bessie Moody-Lawrence
Marty Coates                      David Weeks
Daniel Tripp                      Skipper Perry
Gilda Cobb-Hunter                 Anne Parks
Creighton Coleman                 Doug Smith
Jimmy Bales                       John Altman
David Mack                        Ralph Norman
William Clyburn                   James Lucas
Becky Martin                      Grady Brown
Kenneth Kennedy                   Bill Cotty
Carl Anderson                     Denny Neilson
Thad Viers                        H. B. "Chip" Limehouse
Fletcher Smith                    Karl Allen
Todd Rutherford                   James E. Smith
Leon Howard

Total Present--123

LEAVE OF ABSENCE

The SPEAKER granted Rep. WEEKS a leave of absence for the remainder of the day to attend his grandmother's funeral.

DOCTOR OF THE DAY

Announcement was made that Dr. Benjamin Nicholson of Edgefield is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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


Printed Page 1967 . . . . . Wednesday, March 29, 2006

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. 4055 (Word version)
Date:   ADD:
03/29/06   YOUNG

CO-SPONSOR ADDED

Bill Number:   H. 4882 (Word version)
Date:   ADD:
03/29/06   BALLENTINE

CO-SPONSOR REMOVED

Bill Number:   H. 4351 (Word version)
Date:   REMOVE:
03/29/06   BAILEY

CO-SPONSOR REMOVED

Bill Number:   H. 4359 (Word version)
Date:   REMOVE:
03/29/06   BAILEY

CO-SPONSOR REMOVED

Bill Number:   H. 4361 (Word version)
Date:   REMOVE:
03/29/06   BAILEY

CO-SPONSOR REMOVED

Bill Number:   H. 4578 (Word version)
Date:   REMOVE:
03/29/06   BAILEY


Printed Page 1968 . . . . . Wednesday, March 29, 2006

CO-SPONSOR REMOVED

Bill Number:   H. 4691 (Word version)
Date:   REMOVE:
03/29/06   BAILEY

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

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

H. 4810--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Section 8, Part IB.

H. 4810--THE GENERAL APPROPRIATION BILL

SECTION 8--AMENDED AND ADOPTED

Reps. COBB-HUNTER, EDGE, GOVAN and OTT proposed the following Amendment No. 188 (Doc Name h:\legwork\house\amend\ council\nbd\12363ac06.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 391, paragraph 8, after line 15, by adding an appropriately numbered paragraph to read:
/ 8. (DHHS: Program for All-Inclusive Care for the Elderly) By September 1, 2006, the Department of Health and Human Services shall establish a study committee to develop a plan for the expansion of the PACE program to Orangeburg and Calhoun Counties. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. WHITE proposed the following Amendment No. 149 (Doc Name h:\legwork\house\amend\h-wm\008\hhs hemophil admin.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 390, paragraph 8.38, after line 22, by inserting:


Printed Page 1969 . . . . . Wednesday, March 29, 2006

/         Administration of the Hemophilia Assistance Program shall be conducted in accordance with national standards as provided by recommendations of the Medical and Scientific Advisory Council, National Hemophilia Foundation, November 8, 2003./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. COBB-HUNTER, EDGE and OTT proposed the following Amendment No. 20 (Doc Name h:\legwork\house\amend\council\ agm\18286mm06.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 391, paragraph 8, after line 15, by adding an appropriately numbered paragraph to read:
/ 8. (DHHS: Program for All-Inclusive Care for the Elderly) By September 1, 2006, the Department of Health and Human Services shall select a qualified provider entity to develop and administer the expansion of, for eligible residents of Orangeburg and Calhoun Counties, a Program of All-Inclusive Care for the Elderly (PACE), the Medicaid optional state service plan currently serving Richland and Lexington Counties. Of the funds appropriated to the department in this fiscal year, a one-time amount, not to exceed $150,000.00, for the startup and development cost must be allocated for this fiscal year 2006-2007 for the Orangeburg and Calhoun County program. Further, the Department of Health and Human Services must assist with the development of the program and secure technical assistance for the implementation of the expanded program with the goal of improved quality of care and efficiency of coordination of health care financing for the participating residents. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. GOVAN proposed the following Amendment No. 68 (Doc Name h:\legwork\house\amend\council\agm\18288mm06.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 391,


Printed Page 1970 . . . . . Wednesday, March 29, 2006

paragraph 8, after line 15, by adding an appropriately numbered paragraph to read:
/ 8. (DHHS: PACE) The Department of Health and Human Services shall work with a qualified provider to develop a pilot program in Orangeburg and Calhoun Counties of the Program of All-Inclusive Care for the Elderly (PACE), the optional state service plan currently serving Richland and Lexington counties. Of the funds appropriated to the department in this fiscal year, an amount sufficient to fund the development of the pilot program, not to exceed $150,000, must be allocated to the Program of All-Inclusive Care for the Elderly in Orangeburg and Calhoun Counties. /
Renumber sections to conform.
Amend totals and titles to conform.

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

AMENDMENT NO. 149--RECONSIDERED AND ADOPTED

Rep. COOPER moved to reconsider the vote whereby Amendment No. 149 was tabled, was taken up and agreed to.

Rep. WHITE proposed the following Amendment No. 149 (Doc Name h:\legwork\house\amend\h-wm\008\hhs hemophil admin.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 390, paragraph 8.38, after line 22, by inserting:
/         Administration of the Hemophilia Assistance Program shall be conducted in accordance with national standards as provided by recommendations of the Medical and Scientific Advisory Council, National Hemophilia Foundation, November 8, 2003./
Renumber sections to conform.
Amend totals and titles to conform.

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

AMENDMENT NO. 130--MOTION TO RECONSIDER TABLED

The motion of Rep. KENNEDY to reconsider the vote whereby Amendment No. 130 was tabled was taken up.


Printed Page 1971 . . . . . Wednesday, March 29, 2006

Rep. BATTLE moved to table the motion to reconsider.

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

Yeas 57; Nays 39

Those who voted in the affirmative are:

Bailey                 Barfield               Battle
Bingham                Brady                  Cato
Chalk                  Chellis                Clark
Clemmons               Cooper                 Davenport
Delleney               Duncan                 Edge
Frye                   Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Hayes                  Hinson
Hiott                  Huggins                Kirsh
Leach                  Littlejohn             Loftis
Mahaffey               McCraw                 McGee
Merrill                Owens                  Perry
Pinson                 E. H. Pitts            Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Umphlett               Vaughn                 Walker
White                  Witherspoon            Young

Total--57

Those who voted in the negative are:

Agnew                  Anthony                Ballentine
Bowers                 Branham                Breeland
R. Brown               Cobb-Hunter            Coleman
Dantzler               Emory                  Funderburk
Govan                  J. Hines               M. Hines
Hodges                 Hosey                  Jefferson
Jennings               Limehouse              McLeod
Miller                 Mitchell               Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Parks                  Phillips               Rhoad
Rice                   Rivers                 Scott

Printed Page 1972 . . . . . Wednesday, March 29, 2006

Sinclair               D. C. Smith            J. E. Smith
Vick                   Weeks                  Whipper

Total--39

So, the motion to reconsider was tabled.

Section 8, as amended, was adopted.

SECTION 9--AMENDED AND ADOPTED

Rep. PERRY proposed the following Amendment No. 89 (Doc Name h:\legwork\house\amend\h-wm\003\beach access 2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 399, line 30, by adding an appropriately numbered paragraph to read: /(beach access) the department may only use state appropriated funds for beach renourishment projects that have public beach access at a minimum of every 1,000 feet for the section of the beach being renourished /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. PERRY explained the amendment.
Rep. SCARBOROUGH spoke against the amendment.
Rep. PERRY spoke in favor of the amendment.

Rep. MERRILL moved to table the amendment, which was not agreed to.

The question then recurred to the adoption of the amendment.

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

Yeas 76; Nays 30

Those who voted in the affirmative are:

Agnew                  Altman                 Anthony
Bailey                 Bales                  Ballentine
Barfield               Bowers                 Brady

Printed Page 1973 . . . . . Wednesday, March 29, 2006

Branham                R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Coates
Cobb-Hunter            Coleman                Dantzler
Delleney               Duncan                 Edge
Emory                  Frye                   Funderburk
Govan                  Haley                  Hardwick
Harrison               Harvin                 Haskins
Hayes                  J. Hines               Hiott
Hosey                  Huggins                Jefferson
Littlejohn             Lucas                  Mack
Martin                 McCraw                 McGee
McLeod                 Mitchell               Moody-Lawrence
J. M. Neal             Ott                    Parks
Perry                  Phillips               Pinson
M. A. Pitts            Rhoad                  Rice
Rivers                 Sandifer               Scott
Sinclair               D. C. Smith            G. M. Smith
J. R. Smith            Stewart                Taylor
Thompson               Townsend               Tripp
Umphlett               Vick                   Walker
White                  Whitmire               Witherspoon
Young

Total--76

Those who voted in the negative are:

Bannister              Battle                 Bingham
Chalk                  Davenport              Hamilton
Harrell                Herbkersman            M. Hines
Hinson                 Hodges                 Jennings
Kirsh                  Leach                  Limehouse
Mahaffey               Merrill                Miller
Norman                 Owens                  E. H. Pitts
Rutherford             Scarborough            Simrill
Skelton                G. R. Smith            J. E. Smith
W. D. Smith            Talley                 Toole

Total--30

So, the amendment was adopted.


Printed Page 1974 . . . . . Wednesday, March 29, 2006

Section 9, as amended, was adopted.

SECTION 10--AMENDED AND ADOPTED

Rep. VICK proposed the following Amendment No. 176 (Doc Name h:\legwork\house\amend\council\swb\6803cm06.doc), which was adopted:
Amend the bill, as and if amended, Part IB, paragraph 10.7, (DEPARTMENT OF MENTAL HEALTH: Sexual Predator Program), page 401, by adding after the period on line 4:
/ A person who is required to register annually as a sex offender, annually must undergo sex offender counseling offered by the Department of Mental Health pursuant to the Sexual Predator Act and be evaluated by the department to ensure that he or she continues to pose no sexual threat to his community. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. VICK explained the amendment.
Rep. CHALK spoke against the amendment.

POINT OF ORDER

Rep. HAMILTON raised the Point of Order that Amendment No. 176 was out of order in that it was not germane to the Bill in accordance with House Rule 5.3 B.
SPEAKER HARRELL stated that Section 10.7, page 401 of the Appropriation Bill contained language relating to funds to be used for sexual predator programs and that the amendment was a directive as to the purposes for which these funds are to be used. He therefore overruled the Point of Order.

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

Rep. J. E. SMITH proposed the following Amendment No. 22 (Doc Name h:\legwork\house\amend\h-wm\009\mirci.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 402, by adding an appropriately numbered paragraph to read:


Printed Page 1975 . . . . . Wednesday, March 29, 2006

/of the funds appropriated, the Department of Mental Health, shall transfer $100,000 to Mental Illness Recovery center inc. (mirci)
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. EDGE moved to table the amendment.

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

Yeas 54; Nays 51

Those who voted in the affirmative are:

Bailey                 Bannister              Barfield
Battle                 Cato                   Chalk
Chellis                Clark                  Clemmons
Coates                 Cooper                 Dantzler
Edge                   Frye                   Hamilton
Hardwick               Harrell                Haskins
Hinson                 Hiott                  Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mahaffey
Martin                 Merrill                Neilson
Owens                  Perry                  Pinson
E. H. Pitts            Rice                   Sandifer
Scarborough            Sinclair               Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Townsend               Tripp
Vaughn                 Walker                 White
Whitmire               Witherspoon            Young

Total--54

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Ballentine
Bingham                Bowers                 Brady
Branham                Breeland               G. Brown

Printed Page 1976 . . . . . Wednesday, March 29, 2006

J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Cotty
Delleney               Duncan                 Funderburk
Govan                  Haley                  Harrison
Harvin                 Hayes                  J. Hines
M. Hines               Hodges                 Hosey
Huggins                Jefferson              Jennings
Kennedy                McLeod                 Miller
Mitchell               Moody-Lawrence         Norman
Ott                    Parks                  Phillips
Rhoad                  Rivers                 Rutherford
Scott                  Simrill                J. E. Smith
Thompson               Toole                  Vick

Total--51

So, the amendment was tabled.

Rep. LIMEHOUSE proposed the following Amendment No. 194 (Doc Name h:\legwork\house\amend\council\ms\7301ahb06.doc), which was adopted:
Amend the bill, as and if amended, Part IB, paragraph 10.7, (DEPARTMENT OF MENTAL HEALTH: Sexual Predator Program), page 401, by adding a new paragraph after line 4:
/ If probable cause is found by the multidisciplinary team established in Section 44-48-50 and the prosecutors review committee established in Section 44-48-60 to deem a person a sexually violent predator pursuant to Section 44-48-30, before a hearing is held by a judge of competent jurisdiction, the person must undergo a mental health evaluation conducted by the Department of Mental Health. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 10, as amended, was adopted.


Printed Page 1977 . . . . . Wednesday, March 29, 2006

SECTION 11--AMENDED AND ADOPTED

Reps. BINGHAM, EDGE and BALLENTINE proposed the following Amendment No. 185 (Doc Name h:\legwork\house\ amend\council\nbd\12362ac06.doc), which was adopted:
Amend the bill, as and if amended, Part IB, SECTION 11, Department of Disabilities and Special Needs, page 403, after line 13, by adding an appropriately numbered paragraph to read:
/   11.___   (DDSN: Autism Early Intervention Advisory Committee)   The Autism Early Intervention Advisory Committee is created within the Department of Disabilities and Special Needs, Autism Division. The committee must be composed of: the Director of the Department of Health and Human Services or his designee; the Director of the Department of Disabilities and Special Needs or his designee; the Superintendent of Education or his designee; the Chairman of the House Education and Public Works Committee or his designee; the Chairman of the House Ways and Means Committee or his designee; the Chairman of the Senate Education Committee or his designee; the Chairman of the Senate Finance Committee or his designee; four parents of children diagnosed with a pervasive developmental disorder appointed by the Governor, one of which must be from a family with a household income less than two hundred and fifty percent of the amount of the federal poverty level; and an administrator of a school for special needs. The committee shall oversee and make recommendations to the department on the administration of the Autism Early Intervention Fund and disburse grants for developmental training for children three years of age to six years of age who have been diagnosed with a pervasive developmental disorder.

The fund must be funded with 7.5 million dollars from the sale of the former mental health facility located on Bull Street in Columbia.

The Autism Early Intervention Advisory committee shall report to the Department of Health and Human Services, the Department of Disabilities and Special Needs, the General Assembly, and the Governor on the number of children participating in the program, the methodology of the treatment options, and the number of children that were mainstreamed into public or private school as a result of the therapies funded through the committee. The report must be submitted annually by December thirty-first for the duration of the program.

As used in this section: 'Developmental training' means special education programs or other developmental training programs available


Printed Page 1978 . . . . . Wednesday, March 29, 2006

to children diagnosed with a pervasive developmental disorder. 'Pervasive developmental disorder' means a neurological condition, including autism and Asperger's syndrome, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.

The provisions of this paragraph take effect January 1, 2007./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BINGHAM explained the amendment.

POINT OF ORDER

Rep. SCARBOROUGH raised the Point of Order that Amendment No. 185 was out of order in that it was not germane as there were no funds available.
SPEAKER HARRELL stated that the amendment expressly appropriated 7.5 million dollars from the sale of the former mental health facility located on Bull Street in Columbia. He therefore overruled the Point of Order.

Rep. BINGHAM continued speaking.
Rep. BINGHAM spoke in favor of the amendment.
The amendment was then adopted.

Section 11, as amended, was adopted.

SECTION 12

Section 12 was adopted.

SECTION 13

Section 13 was adopted.

SECTION 14

Section 14 was adopted.

SECTION 15

Section 15 was adopted.


Printed Page 1979 . . . . . Wednesday, March 29, 2006

SECTION 17--AMENDED AND ADOPTED

Reps. MILLER, NEILSON, DELLANEY, MCGRAW, ANDERSON, GOVAN, AGNEW, MCLEOD, VICK, CEIPS, EMORY, J. E. SMITH, CLYBURN, HAYES, RIVERS, JENNINGS, J. M. NEAL, CLARK, HOSEY, RHOAD, J. HINES and LUCAS proposed the following Amendment No. 151 (Doc Name h:\legwork\house\amend\h-wm\001\st libr 50k.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 17, STATE LIBRARY, page 409, paragraph 17.1, line 23, by striking /$40,000/ and inserting /$40,000 $50,000/
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 17, as amended, was adopted.

SECTION 18

Section 18 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23

Section 23 was adopted.

Rep. GOVAN proposed the following Amendment No. 190 (Doc Name h:\legwork\house\amend\h-wm\007\scsustudy$fromcommerce .doc), which was tabled:


Printed Page 1980 . . . . . Wednesday, March 29, 2006

Amend the bill, as and if amended, Part IB, page 414, after line 35, by adding: /Section 23A-P21- South Carolina State University PSA/
Amend further, page 414, after line 35, by adding an appropriately numbered paragraph to read: /(Poverty Study) During the current fiscal year, SCSU PSA must conduct a study of the factors of poverty, school absenteeism, truancy, delinquency, teen pregnancy, and financial literacy and make a determination of how and to what extent these factors impact public education in those counties in the I-95 corridor. The agency must submit the report of its findings to the General Assembly by January 2007. Of the funds appropriated to or authorized for the Department of Commerce, the department shall transfer $100,000 to SCSU PSA for the purpose of this study./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

Rep. HINSON moved to table the amendment which was agreed to by a division vote of 46 to 20.

Rep. GOVAN proposed the following Amendment No. 191 (Doc Name h:\legwork\house\amend\h-wm\007\scsu study $ from bcb.doc), which was tabled:
Amend the bill, as and if amended, Part IB, page 414, after line 35, by adding: /Section 23A-P21- South Carolina State University PSA/
Amend further, page 414, after line 35, by adding an appropriately numbered paragraph to read: /(Poverty Study) During the current fiscal year, SCSU PSA must conduct a study of the factors of poverty, school absenteeism, truancy, delinquency, teen pregnancy, and financial literacy and make a determination of how and to what extent these factors impact public education in those counties in the I-95 corridor. The agency must submit the report of its findings to the General Assembly by January 2007. Of the funds appropriated to or authorized for the Budget and Control Board, the Budget and Control Board shall transfer $100,000 to SCSU PSA for the purpose of this study./
Renumber sections to conform.
Amend totals and titles to conform.

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


Printed Page 1981 . . . . . Wednesday, March 29, 2006

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

SECTION 24

Section 24 was adopted.

SECTION 25

Section 25 was adopted.

SECTION 26--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 67 (Doc Name h:\legwork\house\amend\h-wm\003\litter control.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 26, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 418, paragraph 5, lines 27-30, by striking proviso 26.5 in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 26, as amended, was adopted.

SECTION 27--AMENDED AND ADOPTED

Reps. J. H. NEAL, BALES and HOWARD proposed the following Amendment No. 4 (Doc Name h:\legwork\house\amend\h-wm\003\commerce midlands.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 423, after line 35, by adding an appropriately numbered paragraph to read:
/ (Midlands CDC) From the funds appropriated to the department in Part IA for the CDC Initiative, $250,000 must be transferred to the Midlands Community Development Corporation during the current fiscal year/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BALES explained the amendment.
Rep. HINSON spoke against the amendment.


Printed Page 1982 . . . . . Wednesday, March 29, 2006

Rep. HINSON moved to table the amendment.

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

Yeas 69; Nays 30

Those who voted in the affirmative are:

Allen                  Anderson               Bailey
Ballentine             Bannister              Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clark
Clemmons               Cobb-Hunter            Dantzler
Davenport              Delleney               Duncan
Edge                   Funderburk             Hamilton
Hardwick               Harrell                Harvin
Herbkersman            Hinson                 Hiott
Hodges                 Huggins                Kirsh
Leach                  Limehouse              Littlejohn
Lucas                  Mahaffey               Martin
McGee                  Merrill                Mitchell
Moody-Lawrence         Norman                 Ott
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Sandifer               Scarborough
Simrill                Sinclair               Skelton
G. R. Smith            J. R. Smith            Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Umphlett
Vaughn                 Vick                   White
Whitmire               Witherspoon            Young

Total--69

Those who voted in the negative are:

Agnew                  Anthony                Bales
Bowers                 Brady                  Branham
Breeland               G. Brown               R. Brown
Clyburn                Cotty                  Emory
Frye                   Harrison               J. Hines
M. Hines               Hosey                  Jefferson
Kennedy                Mack                   McLeod

Printed Page 1983 . . . . . Wednesday, March 29, 2006

Miller                 J. M. Neal             Neilson
Phillips               Rutherford             Scott
D. C. Smith            J. E. Smith            Whipper

Total--30

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 5 (Doc Name h:\legwork\house\amend\h-wm\003\orangeburg jobs.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 423, paragraph 26, line 22, by striking /received/ and inserting /receives/, amend further, line 22, by inserting after /Credits/ the words /for a facility located in Orangeburg County/, amend further, line 22, by striking /January 2005/ and inserting /2006/.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.

Reps. CLEMMONS, JENNINGS, HAYES, WITHERSPOON, EDGE, HARDWICK, BARFIELD and VIERS proposed the following Amendment No. 192 (Doc Name h:\legwork\house\amend\h-wm\003\coord council $1.5- two.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 423, after line 35, by adding an appropriately numbered paragraph to read:
/From Coordinating Council for Economic Development funds appropriated to the department for the current fiscal year, $1,500,000 must be set aside in a special account titled "county industrial utility infrastructure grant program". A county is eligible for a grant only if the project is to assist with an existing or planned utility infrastructure project in an industrial park located within five miles of interstates 20, 26, 73, 77, 85, 95, or any of their spurs, and if the county unemployment rate is 10.0% or higher for the most recent month as published by the SC Employment Security Commission. Tthe department shall develop the process and application forms for the program. the department shall hold all applications until June 15th of


Printed Page 1984 . . . . . Wednesday, March 29, 2006

the current fiscal year. at that time following the receipt of the application from the eligible counties and upon approval by the Coordinating Council for Economic Development, grants shall be awarded pro rata to the eligible counties. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. CLEMMONS explained the amendment.

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

Section 27, as amended, was adopted.

SECTION 29A

Section 29A was adopted.

SECTION 30--AMENDED AND ADOPTED

Rep. HARRISON proposed the following Amendment No. 184 (Doc Name h:\legwork\house\amend\council\bbm\9357htc06.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 30, JUDICIAL DEPARTMENT, page 425, after line 34, by adding an appropriately numbered paragraph to read:
/ 30. (JUD: CLE Late Fees) Notwithstanding any other provision of law, no late fee may be assessed or otherwise imposed for the CLE statement of compliance for 2006 if the statement is actually received by the Commission on Continuing Legal Education and Specialization before January 16, 2007 or if a mailed report received by the commission bears a postmark before January 16, 2007. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 30, as amended, was adopted.

SECTION 32

Section 32 was adopted.


Printed Page 1985 . . . . . Wednesday, March 29, 2006

SECTION 33

Section 33 was adopted.

SECTION 35

Section 35 was adopted.

SECTION 36--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 1 (Doc Name h:\legwork\house\amend\h-wm\001\36.13 motor carrier advisory com.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 435, paragraph 36.13, line 7, by inserting at the end:
/The members of the advisory committee shall serve without compensation./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 36, as amended, was adopted.

SECTION 36A

Section 36A was adopted.

SECTION 37

Section 37 was adopted.

SECTION 38

Section 38 was adopted.

SECTION 39--ADOPTED

Reps. DUNCAN and JENNINGS proposed the following Amendment No. 72 (Doc Name h:\legwork\house\amend\h-wm\010\nochildleft djj.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 446, after line 25,/ by adding an appropriately numbered paragraph to read:


Printed Page 1986 . . . . . Wednesday, March 29, 2006

/39. (DJJ: "No Child Left Behind" - Compliance) In order for the S.C. Department of Juvenile Justice's School District to meet and come into full compliance with the educational requirements set forth in the Federal Government's "No Child Left Behind" Act of 2001 (NCLB), the State Department of Education shall transfer, from any available funds appropriated to, or funding source at the disposal of, the State Department of Education, to the S.C. Department of Juvenile Justice, six hundred, ninety-five thousand, three hundred seventy-three dollars ($695,373). These funds to be used by the Department of Juvenile Justice exclusively for the purpose of achieving full compliance with the educational mandates and requirements of the "No Child Left Behind" Act (NCLB) in its school district.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. DUNCAN explained the amendment.
Rep. J. E. SMITH spoke against the amendment.
Rep. J. R. SMITH spoke against the amendment.

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

Rep. OTT proposed the following Amendment No. 33 (Doc Name h:\legwork\house\amend\h-wm\010\detention costs.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 446, paragraph 39.20, lines 21-25, by striking:/ the proviso in its entirety. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. OTT explained the amendment.
Rep. YOUNG spoke against the amendment.

Rep. YOUNG moved to table the amendment, which was agreed to by a division vote of 54 to 26.

Rep. OTT proposed the following Amendment No. 199 (Doc Name h:\legwork\house\amend\council\gjk\21055sd06.doc), which was rejected:


Printed Page 1987 . . . . . Wednesday, March 29, 2006

Amend the bill, as and if amended, Part IB, Section 39, DEPARTMENT OF JUVENILE JUSTICE, page 446, paragraph 39.20, by striking the second sentence which begins on line 23 and inserting /All funds generated by this increase and generated by Section 14-1-208(C)(11) must be used to operate juvenile detention centers utilized by local governments.   /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. OTT explained the amendment.

The amendment was then rejected by a division vote of 32 to 43.

Section 39 was adopted.

SECTION 40

Section 40 was adopted.

SECTION 41

Section 41 was adopted.

SECTION 42

Section 42 was adopted.

SECTION 42A

Section 42A was adopted.

SECTION 43

Section 43 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 47--AMENDED AND ADOPTED

Rep. SCARBOROUGH proposed the following Amendment No. 143 (Doc Name h:\legwork\house\amend\h-wm\011\doi flex proviso.doc), which was adopted:
/Amend the bill, as and if amended, Part IB, Section 47, DEPARTMENT OF INSURANCE, page 450, after line 7, by adding an appropriately numbered paragraph to read:


Printed Page 1988 . . . . . Wednesday, March 29, 2006

/   (INS: Flexibility) In order to provide maximum flexibility, the Department of Insurance is authorized to spend agency earmarked and restricted accounts designated as "special revenue funds" as defined in the Comptroller General's records, to maintain critical programs previously funded with general fund appropriations. Any increase in spending authorization for this purpose must receive the prior approval of the Office of State Budget and must be reported to the Governor, Senate Finance Committee, and the House Ways and Means Committee./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 47, as amended, was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 51

Section 51 was adopted.

SECTION 53

Section 53 was adopted.

Rep. COOPER moved that the House recede until 3:30 p.m., which was agreed to.

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

THE HOUSE RESUMES

At 3:30 p.m. the House resumed, the SPEAKER in the Chair.


Printed Page 1989 . . . . . Wednesday, March 29, 2006

LEAVE OF ABSENCE

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

ACTING SPEAKER TAYLOR IN CHAIR

ACTING SPEAKER CLEMMONS IN CHAIR

POINT OF QUORUM

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

SPEAKER IN CHAIR

H. 4810--AMENDED AND ORDERED TO THIRD READING

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

H. 4810--THE GENERAL APPROPRIATION BILL

PART IB

Rep. MILLER proposed the following Amendment No. 157 (Doc Name h:\legwork\house\amend\h-wm\001\c funds 53b.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 53B, COUNTY TRANSPORTATION FUNDS, page 455, after line 2, by adding a new section and an appropriately numbered paragraph to read:
/SECTION 53B - U20 - COUNTY TRANSPORTATION FUNDS
/(Use of "C" Funds) Notwithstanding Section 12-28-2740 of the 1976 Code, at least forty percent of a county's apportionment of "C" funds, based on a biennial averaging of expenditures, must be expended on the state highway system for construction, improvements, and maintenance. The county transportation committee, at its discretion, may expend up to sixty percent of "C" construction funds for activities including other local paving or improving county roads, for street and traffic signs, and for other road and bridge projects./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER explained the amendment.


Printed Page 1990 . . . . . Wednesday, March 29, 2006

Rep. MILLER spoke in favor of the amendment.
Rep. VAUGHN spoke in favor of the amendment.
Rep. EMORY spoke upon the amendment.
Rep. SKELTON spoke against the amendment.
Rep. TOOLE spoke against the amendment.

Rep. FRYE moved to table the amendment.

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

Yeas 78; Nays 18

Those who voted in the affirmative are:

Agnew                  Altman                 Anthony
Bailey                 Bannister              Battle
Brady                  Branham                Breeland
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Coates                 Coleman                Cooper
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Frye                   Funderburk             Haley
Hardwick               Harrell                Harrison
Haskins                Hayes                  Herbkersman
Hinson                 Hiott                  Hosey
Huggins                Jennings               Kirsh
Leach                  Limehouse              Littlejohn
Lucas                  Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Mitchell               Moody-Lawrence
J. M. Neal             Norman                 Ott
Owens                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rhoad
Rice                   Sandifer               Scott
Simrill                Sinclair               Skelton
D. C. Smith            J. R. Smith            Talley
Taylor                 Toole                  Umphlett
Vick                   Viers                  Walker
Whitmire               Witherspoon            Young

Total--78


Printed Page 1991 . . . . . Wednesday, March 29, 2006

Those who voted in the negative are:
Allen                  Anderson               Bales
G. Brown               J. Brown               Harvin
J. Hines               Hodges                 Jefferson
Miller                 Neilson                Scarborough
G. M. Smith            J. E. Smith            Thompson
Townsend               Vaughn                 White

Total--18

So, the amendment was tabled.

SECTION 53C

Section 53C was adopted.

SECTION 54--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 15 (Doc Name h:\legwork\house\amend\h-wm\004\54 rep post for flags.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 54, LEGISLATIVE DEPARTMENT, page 457, paragraph 13, line 30, by inserting after "Senator":
/and Representative/
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 54, as amended, was adopted.

SECTION 55

Section 55 was adopted.

SECTION 56DD

Section 56DD was adopted.

SECTION 57

Section 57 was adopted.


Printed Page 1992 . . . . . Wednesday, March 29, 2006

SECTION 58

Section 58 was adopted.

SECTION 59--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 140 (Doc Name h:\legwork\house\amend\council\bbm\9345htc06.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 59, COMPTROLLER GENERAL'S OFFICE, page 468, by striking paragraph 59.10 and inserting:
Amend the bill, as and if amended, in Part IB, SECTION 59, Comptroller General's Office, page 468, by striking paragraph 59.10 and inserting:

/ 59.10 (CG: Suspension of Withholding)
The Comptroller General may suspend the ten percent withholding requirement imposed on funds appropriated to counties and municipalities in Part IA, Section 69A of this act for failure to submit required financial data in the Annual County Financial Report and the Annual Municipal Financial Report. Counties and municipalities receiving revenues from state aid, described in Part IA of this act as "aid to subdivisions", shall submit to the State Budget and Control Board, Office of Research and Statistics, Economic Research Section, a financial report detailing their sources of revenue, expenditures by category, indebtedness, and other information as the Economic Research Section requires. The Economic Research Section shall determine the required content and format of the annual financial report. The financial report for the most recently completed fiscal year must be submitted to the Economic Research Section by November fifteenth of each year. If an entity fails to file the financial report by November fifteenth, then the chief administrative officer of the entity must be notified in writing that the entity has thirty days to comply with the requirements of this paragraph. The Director of the Office of Research and Statistics, for good cause, may grant a local entity an extension of time to file the annual financial report. Notification by the Director of the Office of Research and Statistics to the Comptroller General that an entity has failed to file the annual financial report thirty days after written notification to the chief administrative officer of the entity must result in the withholding of ten percent of subsequent payments of state aid to the entity until the report is filed. The Economic Research Section is responsible for collecting, maintaining,


Printed Page 1993 . . . . . Wednesday, March 29, 2006

and compiling the financial data provided by the counties and municipalities in the annual financial report required by this paragraph./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 59, as amended, was adopted.

SECTION 60--AMENDED AND ADOPTED

Reps. MCGEE and KIRSH proposed the following Amendment No. 183 (Doc Name h:\legwork\house\amend\h-wm\004\60 flor accom tax.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 60, STATE TREASURER'S OFFICE, page 470, paragraph 12, line 1, by inserting after the word "Revenues)":
/Revenues withheld pursuant to Sections 6-4-35(B)(1)(a) and 6-4-35(B)(1)(b) prior to July 1, 2006 must be returned to the entity from which revenues were withheld, in the same amount and manner that they were withheld. After July 1, 2006, /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 60, as amended, was adopted.

SECTION 61

Section 61 was adopted.

SECTION 62--AMENDED AND ADOPTED

Rep. TALLEY proposed the following Amendment No. 23 (Doc Name h:\legwork\house\amend\h-wm\004\62 elect uocava .doc), which was adopted:


Printed Page 1994 . . . . . Wednesday, March 29, 2006

Amend the bill, as and if amended, Part IB, Section 62, ELECTION COMMISSION, page 473, paragraph 12, line 14, by inserting after "primary": /and general/
Amend further, as and if amended, Part IB, Section 62, ELECTION COMMISSION, page 473, paragraph 12, line 15, by inserting after "possible":
/., and also ensure compliance with the Uniformed and Overseas Citizens Absentee Voting Act of 1986./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 62, as amended, was adopted.

SECTION 63--AMENDED AND ADOPTED

Reps. COOPER and BINGHAM proposed the following Amendment No. 27 (Doc Name h:\legwork\house\amend\council\bbm\ 9368htc06.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, paragraph 63.34, page 481, after line 9, by adding new paragraphs to read:
/   All South Carolina State Hospital property under the control of or assigned to the Department of Mental Health by the department that is not in use may be sold or leased in accordance with the provisions of this paragraph. In selling or leasing this property the department shall comply with those procedures required by law for other state owned real property.

There is created a restricted account, separate and distinct from the general fund, for the sole purpose of providing funds to the department for the purposes set forth below. The proceeds received from the department's sale or lease of real property pursuant to the preceding paragraph, less the 7.5 million dollars from this sale or lease credited to the Autism Early Intervention Fund provided in Section 11, Part IB of this act, must be deposited in this account.

The interest and principal from these proceeds must be used as provided in the general appropriations act for the specific purposes of supporting adult long-term care, acute care, and forensic services but must not be used for daily operations.


Printed Page 1995 . . . . . Wednesday, March 29, 2006

The department must not submit a budget that proposed to use funds derived from the sale or lease of South Carolina State Hospital property under the control of or assigned to the department to supplant its current level of appropriated funding.

The department shall submit a quarterly report, not later than thirty days after the end of each calendar quarter, to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee, identifying the programs funded, the number of persons served, and the expenditures for the programs. The quarterly report also must include information on the number of persons and the duration of stays for persons held in hospital emergency rooms and local jails when a program is unable to serve the person. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. MCGEE proposed the following Amendment No. 2 (Doc Name h:\legwork\house\amend\h-wm\004\63 transition assistance.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63 BUDGET AND CONTROL BOARD, page 483, after line 3, by adding an appropriately numbered paragraph to read:
/(Transition Assistance) The Budget and Control Board shall provide transition services to constitutional officers who are elected during fiscal year 2006-07. These transition services may include, but are not limited to, office space, communication services, and administrative support until the constitutional officer assumes office. These services shall not be available to incumbent constitutional officers re-elected during fiscal year 2005-2006. All support provided shall be at the discretion of the Executive Director of the Budget and Control Board./
Renumber sections to conform.
Amend totals and titles to conform.

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


Printed Page 1996 . . . . . Wednesday, March 29, 2006

Reps. MCLEOD and COOPER proposed the following Amendment No. 24 (Doc Name h:\legwork\house\amend\h-wm\004\63 1b bcb newb sheriff.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 483, after line 3, by adding an appropriately numbered paragraph to read:
/(Newberry Co. Sheriff's Office) The Budget and Control Board shall transfer $100,000 to the Newberry County Sheriff's Office for public safety enhancements./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. OTT, J. E. SMITH and COOPER proposed the following Amendment No. 46 (Doc Name h:\legwork\house\amend\council\ gjk\21016sd06.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 483, by adding an appropriately numbered paragraph to read:

/63.__   (BCB: National Guard Pension Eligibility)   A person who becomes a member of the National Guard after June 30, 1993, if otherwise eligible, may receive a National Guard pension authorized by Chapter 10 of Title 9. The provisions of this paragraph apply to National Guard pension benefits payable on or after January 1, 2007./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. LUCAS proposed the following Amendment No. 181 (Doc Name h:\legwork\house\amend\council\gjk\21050sd06.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 483, by adding a new paragraph to be appropriately numbered to read:
/     63.__.   (BCB: Procurement Code Exemption)   If a school district whose budget of total expenditures, including debt service, exceeds seventy-five million dollars because of a one-time construction


Printed Page 1997 . . . . . Wednesday, March 29, 2006

project occurring in part during fiscal year 2006-2007 and whose operating budget does not exceed fifty million dollars, the school district is exempt from the provisions of the Consolidated Procurement Code. Any school district claiming the benefit of this paragraph shall submit to the Procurement Services Division of the Budget and Control Board evidence of its exemption and the Procurement Services Division from funds appropriated in Section 63, Part IA, subsection VI, for other operating costs shall take such actions as necessary to confirm the exemption./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LUCAS explained the amendment.

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

Section 63, as amended, was adopted.

SECTION 63A

Section 63A was adopted.

SECTION 63B

Section 63B was adopted.

SECTION 63C

Section 63C was adopted.

SECTION 64--ADOPTED

Rep. RICE proposed the following Amendment No. 63 (Doc Name h:\legwork\house\amend\council\nbd\12336ac06.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 64, R.44 DEPARTMENT OF REVENUE, page 487, paragraph 64, after line 4, by adding appropriately numbered paragraphs to read:
/64.__(DOR: Cigarette tax) (A)   In addition to the tax imposed pursuant to Section 12-21-620(1), there is imposed an additional tax equal to 1.5 cents on each cigarette made of tobacco or any substitute for tobacco. The tax imposed pursuant to this paragraph must be reported, paid, collected, and enforced in the same manner as the tax imposed pursuant to Section 12-21-620(1).


Printed Page 1998 . . . . . Wednesday, March 29, 2006

(B)   There are created in the state treasury, separate and distinct from the general fund of the State, the Youth Smoking Prevention and Cessation Fund and the South Carolina Health and Prevention Fund. Four percent of the revenue generated by this additional tax must be credited to the Youth Smoking Prevention and Cessation Fund and monies in the fund must be used by the Department of Health and Environmental Control in accordance with the Centers for Disease Control recommended comprehensive programs using best practices for youth smoking prevention and cessation programs. One percent of the revenue generated by this additional tax must be credited to the Department of Agriculture for research and promotion of healthy lifestyles with food grown in this State. The remaining revenue generated by this additional tax must be credited to the South Carolina Health and Prevention Fund. The General Assembly shall appropriate the monies from the South Carolina Health and Prevention Fund to critical programs that meet health needs of South Carolinians, including using funds for a Medicaid match each year, as needed. The monies credited to these funds are exempt from budgetary cuts or reductions caused by the lack of general fund revenues. Earnings on investments of monies in the funds must be credited to the respective fund and used for the same purposes as other monies in the funds. Any monies in the funds not expended during the fiscal year must be carried forward to the succeeding fiscal year and used for the same purposes./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RICE explained the amendment.
Rep. G. BROWN 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 58; Nays 53

Those who voted in the affirmative are:

Altman                 Bailey                 Bannister
Barfield               Battle                 Bingham
Brady                  Cato                   Chalk
Chellis                Clemmons               Cooper
Davenport              Duncan                 Edge

Printed Page 1999 . . . . . Wednesday, March 29, 2006

Frye                   Haley                  Hamilton
Hardwick               Harrell                Harrison
Haskins                Hayes                  Herbkersman
Hinson                 Huggins                Kennedy
Kirsh                  Leach                  Loftis
Lucas                  Mahaffey               McCraw
Merrill                Neilson                Norman
Perry                  E. H. Pitts            Sandifer
Simrill                Skelton                G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Witherspoon
Young

Total--58

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Ballentine
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Ceips                  Clark                  Clyburn
Cobb-Hunter            Coleman                Cotty
Dantzler               Delleney               Emory
Funderburk             Govan                  Harvin
J. Hines               Hiott                  Hodges
Hosey                  Howard                 Jefferson
Limehouse              Littlejohn             Mack
McGee                  Miller                 Mitchell
Moody-Lawrence         J. H. Neal             J. M. Neal
Ott                    Owens                  Parks
Phillips               Pinson                 Rhoad
Rice                   Scott                  Sinclair
D. C. Smith            G. M. Smith            J. E. Smith
Vick                   Whipper

Total--53

So, the amendment was tabled.


Printed Page 2000 . . . . . Wednesday, March 29, 2006

Section 64 was adopted.

SECTION 65

Section 65 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 69A

Section 69A was adopted.

SECTION 69B

Section 69B was adopted.

SECTION 72--AMENDED AND ADOPTED

Rep. YOUNG proposed the following Amendment No. 29 (Doc Name h:\legwork\house\amend\h-wm\010\officer reten.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 512, paragraph 72.81, line 13, by striking /26-3-405/ and inserting /23-6-405/
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. HARRISON, J. E. SMITH and RUTHERFORD proposed the following Amendment No. 69 (Doc Name h:\legwork\house\amend\h-wm\005\feewaiver.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 515, after line 36, by adding an appropriately numbered paragraph to read:
/(GP: Law School Educational Fee Waiver) For fiscal year 2006-2007, a public institution of higher learning with a law school may offer fee waivers to no more than four percent of the law school student body. This waiver shall not impact the capacity of the fee waivers for four percent of the undergraduate student body/.
Renumber sections to conform.
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Printed Page 2001 . . . . . Wednesday, March 29, 2006

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

Rep. SCOTT proposed the following Amendment No. 127 (Doc Name h:\legwork\house\amend\h-wm\001\mass transit study.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 515, after line 36, by adding an appropriately numbered paragraph to read:
/   (GP: Mass Transit Study) There is created a joint study committee staffed by the State Budget and Control Board to examine mass transit programs throughout the state and report on the status of the programs, their current levels of funding, and the potential availability of additional funds and expansion of mass transit systems throughout the state and the creation of a transit authority for better coordination of the programs, excluding the state public school bus system. The committee shall issue the report to the General Assembly by March 15, 2007 at which time the committee shall dissolve. The study committee may retain consultant services for development of a request for a proposal from individuals or organizations that can assist with coordinating transit services.

The committee shall be composed of the following members:

(1)   two members appointed by the Governor, one of which must represent the transportation community;

(2)   two members appointed by the President Pro Tempore of the Senate, one of which must represent the transportation community;

(3)   two members appointed by the Speaker of the House of Representatives, one of which must represent the transportation community;

(4)   the Chairman of the Senate Finance Committee, or his designee;

(5)   the Chairman of the Senate Transportation Committee, or his designee;

(6)   the Chairman of the House Ways and Means Committee, or his designee;

(7)   the Chairman of the House Education and Public Works Committee, or his designee;

(8)   two members appointed by the Executive Director of the South Carolina Budget and Control Board;

(9)   the Executive Director of the Department of Transportation, or his designee;


Printed Page 2002 . . . . . Wednesday, March 29, 2006

(10)   the Executive Director of the South Carolina Transportation Association, or his designee; and

(11)   two members representing the Council of Governments.

All appointments shall be made by July 30, 2006. The study committee members shall serve without compensation. No two appointees may represent the same state agency or private association. Those individuals making appointments shall notify the Executive Director of the South Carolina Budget and Control Board of their appointments and the Executive Director of the South Carolina Budget and Control Board shall call the initial meeting. The Executive Director of the South Carolina Budget and Control Board or his designee shall preside as chairman./
Renumber sections to conform.
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Rep. SCOTT explained the amendment.
The amendment was then adopted.

Rep. G. BROWN proposed the following Amendment No. 155 (Doc Name h:\legwork\house\amend\council\nbd\12358ac06.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, X90 GENERAL PROVISIONS, page 515, after line 36, by inserting an appropriately numbered paragraph to read:
/72.__   Notwithstanding any other provision of law, a school district may insure its district board of trustees under the State Health Insurance Plan at the expense of the district./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. LOFTIS proposed the following Amendment No. 170 (Doc Name h:\legwork\house\amend\council\gjk\21026SD06.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, General Provisions, page 515, by adding a new paragraph to be appropriately numbered to read:
/     72.__.   (GP   :   Use Of State, Local, Or Public Funds Prohibited)   (A)   Members of the governing body of a complete or partial successor-in-interest to, or other transferee of, a political subdivision of


Printed Page 2003 . . . . . Wednesday, March 29, 2006

the State or other associate of any kind of the political subdivision, when that successor-in-interest, transferee, or associate of the political subdivision undertakes a duty of the political subdivision and in that undertaking incurs debt serviced by general obligation borrowing of the political subdivision, must be bonded in an amount that when aggregated equals the then outstanding balance of the debt incurred by the successor-in-interest, transferee, or associate of the political subdivision. No local, state, or public funds, including the political subdivisions aid to subdivision's distributions, may be used to pay for the required bond.

(B)   Members of the governing body of a complete or partial successor-in-interest to, or other transferee of, a school district or other associate of any kind of the school district, when that successor-in-interest, transferee, or associate of the school district undertakes a duty of the school district and in that undertaking incurs debt serviced by general obligation borrowing of the school district, must be bonded in an amount that when aggregated equals the then outstanding balance of the debt incurred by the successor-in-interest, transferee, or associate of the school district. No local, state, or public funds, including EFA or EIA funds of the school district, may be used to pay for the required bond." /
Renumber sections to conform.
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Rep. LOFTIS explained the amendment.

Rep. SKELTON moved to table the amendment, which was agreed to by a division vote of 35 to 28.

Reps. CEIPS and SCARBOROUGH proposed the following Amendment No. 175 (Doc Name h:\legwork\house\amend\council\ bbm\9360htc06.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 515, by adding an appropriately numbered paragraph at the end to read:

/ 72. __ (GP: Distribution of LOST and Accommodations Tax Revenues - Allocation of the "C" Fund) Notwithstanding any other provision of law, for the current fiscal year:

(1)   the minimum distribution and donor county provisions of the local option sales tax imposed pursuant to Article 1, Chapter 10, Title 4 of the 1976 Code are suspended and no amounts may be withheld by


Printed Page 2004 . . . . . Wednesday, March 29, 2006

the State Treasurer from the revenues collected in certain "donor" counties in order to provide a minimum distribution to receiving counties;

(2)   the minimum distribution and donor county provisions applicable pursuant to the provisions of Section 6-4-20 of the 1976 Code to the revenues of the two percent state sales tax on accommodations are suspended and except as provided in Section 6-4-20(F), the revenues of this tax must be distributed to counties and municipalities based on point of sale;

(3)   the formula for the distribution of the "C" fund pursuant to Section 12-28-2740(A) of the 1976 Code is suspended and each county must receive from the "C" fund an allocation equal to the amount it contributes to the "C" fund. /
Renumber sections to conform.
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Rep. SCARBOROUGH explained the amendment.

LEAVE OF ABSENCE

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

Rep. SCARBOROUGH continued speaking.

Rep. OTT moved to table the amendment, which was agreed to by a division vote of 68 to 19.

SPEAKER PRO TEMPORE IN CHAIR

Rep. KENNEDY proposed the following Amendment No. 186 (Doc Name h:\legwork\house\amend\h-wm\007\kennedy school districts 2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 515, by adding at the end of the section an appropriately numbered paragraph to read:
/ (GP: School District Consolidation) Notwithstanding any other provision of law, effective August 1, 2006 each county of this state shall consist of only one school district. The school districts are then required by December 31, 2006 to report any savings, in state, federal, or local funds, in the area of administrative costs to the State Department of Education, which shall approve the expenditure of those


Printed Page 2005 . . . . . Wednesday, March 29, 2006

funds during fiscal year 2006-07 in the district for classroom related improvements and purposes./
Renumber sections to conform.
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Rep. KENNEDY explained the amendment.

POINT OF ORDER

Rep. COOPER raised the Point of Order that Amendment No. 186 was out of order under House Rule 5.3 B in that it was not germane to the Bill.
SPEAKER PRO TEMPORE W. D. SMITH stated the amendment was germane to the Bill and therefore overruled the Point of Order.

Rep. KENNEDY continued speaking.
Rep. KENNEDY spoke in favor of the amendment.
Rep. J. R. SMITH spoke against the amendment.
Rep. M. A. PITTS spoke against the amendment.

Rep. J. R. SMITH moved to table the amendment which was agreed to by a division vote of 64 to 20.

Reps. EDGE and VICK proposed the following Amendment No. 197 (Doc Name h:\legwork\house\amend\h-wm\007\72 dhhs behavioral health needs.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 515, after line 36, by adding an appropriately numbered paragraph to read:
/(GP: Medicaid Behavioral Needs Study) The Department of Health & Human Services is authorized to develop a comprehensive, coordinated system of care to address the behavioral health needs of the State's Medicaid recipients in cooperation with the Department of Mental Health, the Department of Disabilities and Special Needs and the Department of Alcohol and Other Drug Abuse Services./
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Rep. EDGE explained the amendment.
The amendment was then adopted.


Printed Page 2006 . . . . . Wednesday, March 29, 2006

Rep. J. E. SMITH proposed the following Amendment No. 201 (Doc Name h:\legwork\house\amend\h-wm\004\72 early childhood jes.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 515, after line 36, by adding an appropriately numbered paragraph to read:
/(GP: Early Childhood Program) The Office of First Steps, in collaboration with the Department of Education, is directed to establish early-childhood/ pre-kindergarten programs throughout the state. These programs shall be established pursuant to the recommendations outlined in the Education Oversight Committee's report "Results and Related Recommendation of the Inventory and Study of Four Year Old Kindergarten Programs in South Carolina" published March 15, 2006. The Office of First Steps, in collaboration with the Department of Education, will be responsible for the establishment of a full day four year old kindergarten, which must be made available to all at-risk students in the thirty-six Plaintiff Districts in Abbeville School District vs. South Carolina. For the purposes of this proviso, at-risk students are defined as students who qualify for the free or reduced lunch program or are Medicaid eligible. $24,000,000 is to be used for this program. In FY 2006-07, $24,000,000 of the $116,808,791 in Proviso 73.14 will be available for this program as directed. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

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

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

Yeas 68; Nays 37

Those who voted in the affirmative are:

Altman                 Bailey                 Ballentine
Bannister              Barfield               Battle
Bingham                Brady                  Cato
Chalk                  Chellis                Clemmons
Coates                 Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Frye                   Haley

Printed Page 2007 . . . . . Wednesday, March 29, 2006

Hamilton               Hardwick               Harrell
Harrison               Haskins                Hinson
Hiott                  Huggins                Kirsh
Leach                  Limehouse              Littlejohn
Lucas                  Mahaffey               Martin
McCraw                 McGee                  Merrill
Moody-Lawrence         Norman                 Owens
Perry                  Phillips               E. H. Pitts
Rhoad                  Rice                   Sandifer
Scarborough            Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Townsend               Umphlett               Viers
Walker                 White                  Whitmire
Witherspoon            Young

Total--68

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Emory
Funderburk             Harvin                 Hayes
J. Hines               Hodges                 Hosey
Howard                 Jefferson              Jennings
Kennedy                Mack                   McLeod
Miller                 J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Scott                  J. E. Smith            Vick
Whipper

Total--37

So, the amendment was tabled.

Rep. ALTMAN proposed the following Amendment No. 202 (Doc Name h:\legwork\house\amend\council\ms\7326ahb06.doc), which was ruled out of order:


Printed Page 2008 . . . . . Wednesday, March 29, 2006

Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 515, after line 36, by adding an appropriately numbered paragraph to read:
/72.   (GP: Student Athletes) For any school that accepts public monies, the following shall apply: A student athlete who transfers from a school that accepts public monies to a private school is immediately eligible to play a sport without a waiting period if the student otherwise qualifies and if the private school is governed by and participates in sports under the auspices of the South Carolina High School League. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ALTMAN explained the amendment.

POINT OF ORDER

Rep. HAYES raised the Point of Order that Amendment No. 202 was out of order under House Rule 5.3 B in that it was not germane to the Bill.
SPEAKER PRO TEMPORE W. D. SMITH sustained the Point of order and ruled the amendment out of order.

Section 72, as amended, was adopted.

SECTION 73--AMENDED AND ADOPTED

Rep. MCGEE proposed the following Amendment No. 3 (Doc Name h:\legwork\house\amend\h-wm\004\73.3 excess debt scvs carry forw.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 517, paragraph 3, line 11, after "appropriations." by inserting a sentence to read: /Any remaining Excess Debt Service funds from FY 2005-06 may be carried forward and expended for debt service purposes in FY 2006-07./
Renumber sections to conform.
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Rep. KIRSH explained the amendment.
The amendment was then adopted.


Printed Page 2009 . . . . . Wednesday, March 29, 2006

Rep. COOPER proposed the following Amendment No. 141 (Doc Name h:\legwork\house\amend\h-wm\001\73.14 ia-10k.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 527, paragraph 73.14, line 15, by striking /$295,237,083/ and inserting /$295,227,083/
Amend the bill further, as and if amended, page 528, paragraph 73.14, line 14, opposite /item (2) Unobligated Surplus in Part IA/ by striking /$16,993,752/ and inserting /$16,983,752/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. GOVAN proposed the following Amendment No. 66 (Doc Name h:\legwork\house\amend\h-wm\007\1st steps pilot sub.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 528, paragraph 73.14, line 22, item (6) P32-Department of Commerce, by striking:
/a) Competitive Grants $500,000;/
Amend the bill further, as and if amended, page 528, paragraph 73.14, line 23, item (6) P32-Department of Commerce, by striking: /b)Closing Fund Competitive Recruitment $7,000,000;/
Amend the bill further, as and if amended, page 528, paragraph 73.14, line 34, item (9) J04-Department of Health and Environmental Control, by striking:
/a) Competitive Grants $2,800,000;/
Amend the bill further, as and if amended, page 529, paragraph 73.14, line 5, item (11) H-63-Department of Education, opposite /b) First Steps Early Childhood Initiative-Pilot Program/ by striking /$4,000,000/ and inserting /$20,300,000/
Amend the bill further, as and if amended, page 529, paragraph 73.14, lines 20-21, by striking: /(19) P28-Department of Parks, Recreation and Tourism Competitive Grants $3,000,000/
Amend the bill further, as and if amended, page 530, paragraph 73.14, line 2, item (23) F03-Budget and Control Board, by striking:
/g) Competitive Grants $3,000,000/
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Printed Page 2010 . . . . . Wednesday, March 29, 2006

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 68; Nays 28

Those who voted in the affirmative are:

Altman                 Bailey                 Ballentine
Bannister              Barfield               Battle
Bingham                Brady                  Cato
Chellis                Clark                  Clemmons
Coates                 Cooper                 Dantzler
Davenport              Delleney               Duncan
Frye                   Haley                  Hamilton
Hardwick               Harrison               Haskins
Herbkersman            Hinson                 Hiott
Huggins                Kirsh                  Leach
Limehouse              Littlejohn             Lucas
Mahaffey               Martin                 McGee
Merrill                Moody-Lawrence         Neilson
Norman                 Owens                  Perry
Phillips               Pinson                 E. H. Pitts
Rice                   Sandifer               Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Umphlett
Vaughn                 Vick                   Viers
Walker                 White                  Whitmire
Witherspoon            Young

Total--68

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Bales                  Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Funderburk
Govan                  Harvin                 Hodges

Printed Page 2011 . . . . . Wednesday, March 29, 2006

Hosey                  Jefferson              Jennings
Mack                   McLeod                 Miller
J. H. Neal             Ott                    Parks
Rhoad                  Scott                  J. E. Smith
Whipper

Total--28

So, the amendment was tabled.

Rep. COOPER proposed the following Amendment No. 160 (Doc Name h:\legwork\house\amend\h-wm\001\17m swap.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 528, paragraph 73.14, line 19, item (5) H63-Department of Education, opposite /a) School Transportation-Fuel/ by striking: /$26,784,856/ and by inserting: /$9,784,856/
Amend the bill further, as and if amended, page 528, paragraph 73.14, line 32, by inserting:
/b) Targeted Case Management $17,000,000 /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. MCGEE proposed the following Amendment No. 16 (Doc Name h:\legwork\house\amend\h-wm\004\73.14 vet cemetary bcb.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 529, paragraph 14, line 33, by striking across from "d) Operating Expenses": /$1,565,000/ and inserting /$1,298,973/
Amend the bill further, as and if amended, page 530, after line 2, by adding an appropriately numbered line to read:
/Veterans' Cemetery $266,027/
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Rep. MCGEE explained the amendment.
The amendment was then adopted.


Printed Page 2012 . . . . . Wednesday, March 29, 2006

Reps. E. H. PITTS and G. R. SMITH proposed the following Amendment No. 6 (Doc Name h:\legwork\house\amend\h-wm\003\roads.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 530, paragraph 15, by inserting after line 26 a new sub-item to read: /roads and bridges/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. E. H. PITTS explained the amendment.
The amendment was then adopted.

Rep. TALLEY proposed the following Amendment No. 32 (Doc Name h:\legwork\house\amend\h-wm\010\spending limit 116m.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, paragraph 73.14, page 530, line 5, by adding after /purposes./ the following: /If H. 4449 is not enacted during 2006 and does not take effect, the $116,808,791 appropriated in item (3) of this provision for "Property Tax Relief Act H. 4449" shall be appropriated for the purposes stated below.

Trust Fund Repayment:

E12 - Comptroller General's Office

Subfund 4007 Unemployment Compensation;

F03 - Budget and Control Board

Subfund 4161 Insurance Reserve Fund;

Subfund 4202 State Life & LTD;

R40 - Department of Motor Vehicles

Subfund 3264 Operating Revenue; and

R12 - State Accident Fund

Subfund 4033 Workers' Comp Fund-Trust.

The remaining funds shall be transferred to the Spending Limit Reserve Fund and used for the purposes as provided for in proviso 73.15, The Spending Limit Reserve Fund./
Renumber sections to conform.
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Rep. TALLEY explained the amendment.
The amendment was then adopted.


Printed Page 2013 . . . . . Wednesday, March 29, 2006

Reps. E. H. PITTS and G. R. SMITH proposed the following Amendment No. 154 (Doc Name h:\legwork\house\amend\council\ bbm\9358htc06.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 530, in paragraph 73.15(B), by inserting after line 33,:

/ (5)   No funds may be appropriated pursuant to item (2) of this subparagraph unless the individual appropriation receives a special vote in each branch of the General Assembly. For purposes of this item, a special vote means an affirmative recorded roll-call vote in each branch of the General Assembly by two-thirds of the members present and voting but not less than three-fifths of the total membership in each branch. The special vote otherwise required pursuant to this item does not apply to any appropriation or transfer of funds used to offset revenue reductions resulting from temporary tax reductions. /
Renumber sections to conform.
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Rep. G. R. SMITH explained the amendment.
The amendment was then adopted.

Reps. E. H. PITTS and G. R. SMITH proposed the following Amendment No. 162 (Doc Name h:\legwork\house\amend\h-wm\003\vetoed funds.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, paragraph 14, page 530, line 5, by adding after /purposes./ the following: /any funds appropriated in this section but not spent during the current fiscal year for the purposes identified in this section as a result of a veto by the governor which is sustained by the general assembly must be transferred to the Spending Limit Reserve Fund and used for the purposes as provided for in proviso 73.15, The Spending Limit Reserve Fund./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. E. H. PITTS explained the amendment.
Rep. SKELTON spoke against the amendment.
Rep. E. H. PITTS spoke in favor of the amendment.

Rep. SKELTON moved to table the amendment, which was agreed to by a division vote of 40 to 30.


Printed Page 2014 . . . . . Wednesday, March 29, 2006

Rep. E. H. PITTS proposed the following Amendment No. 187 (Doc Name h:\legwork\house\amend\council\dka\3721mm06.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, page 530, after line 33, by adding an appropriately numbered paragraph to read:
/ 73. __(SR: Cigarette Tax - Individual Income Tax Onetime rate reduction) (A)   In addition to the license tax imposed pursuant to Section 12-21-620(1) of the 1976 Code, there is imposed in the current fiscal year on all cigarettes made of tobacco or any substitute for tobacco an additional license tax equal to 1.5 cents on each cigarette. This additional tax must be reported, paid, collected, and enforced in the same manner as the tax imposed pursuant to Section 12-21-620(1). Revenue of the tax imposed pursuant to this subparagraph must be credited to the general fund of the State where it must be used to make up for individual income tax revenues not collected because of the one-time rate reduction provided pursuant to subparagraph (B) of this paragraph.

(B)   Notwithstanding the provisions of Section 12-6-510 of the 1976 Code, and applicable only with respect to the income tax imposed on individual taxpayers, for the portions of the taxable years falling within this fiscal year only, the individual state income tax rate for each income bracket is reduced by one-quarter of a percentage point. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. E. H. PITTS explained the amendment.

SPEAKER IN CHAIR

Rep. E. H. PITTS continued speaking.
Rep. HALEY spoke against the amendment.

Rep. WITHERSPOON moved to table the amendment.

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

Yeas 82; Nays 27


Printed Page 2015 . . . . . Wednesday, March 29, 2006

Those who voted in the affirmative are:
Agnew                  Altman                 Anderson
Anthony                Bailey                 Bales
Barfield               Battle                 Branham
Breeland               G. Brown               J. Brown
Cato                   Chalk                  Chellis
Clark                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Davenport              Duncan                 Funderburk
Govan                  Haley                  Hardwick
Harrell                Harvin                 Hayes
Herbkersman            Hinson                 Hiott
Hodges                 Hosey                  Howard
Jefferson              Jennings               Kennedy
Kirsh                  Leach                  Lucas
Mack                   Martin                 McCraw
McGee                  McLeod                 Miller
Mitchell               Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
M. A. Pitts            Rhoad                  Sandifer
Scarborough            Scott                  Simrill
Skelton                G. R. Smith            J. E. Smith
J. R. Smith            Talley                 Taylor
Thompson               Townsend               Umphlett
Vaughn                 Vick                   Viers
Whipper                White                  Witherspoon
Young

Total--82

Those who voted in the negative are:

Bannister              Bingham                Bowers
Brady                  Ceips                  Cotty
Dantzler               Delleney               Edge
Emory                  Frye                   Harrison
Haskins                Huggins                Limehouse
Littlejohn             Merrill                E. H. Pitts
Rice                   Rutherford             Sinclair

Printed Page 2016 . . . . . Wednesday, March 29, 2006

D. C. Smith            G. M. Smith            Stewart
Toole                  Walker                 Whitmire

Total--27

So, the amendment was tabled.

Rep. HERBKERSMAN proposed the following Amendment No. 204 (Doc Name h:\legwork\house\amend\h-wm\007\Herbkersman .doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, STATEWIDE REVENUE, paragraph 73.14, page 530, line 5, by adding after /purposes./ the following: /If H. 4449 is not enacted during 2006 and does not take effect, the $116,808,791 appropriated in item (3) of this provision for "Property Tax Relief Act H. 4449" shall be appropriated for the purposes stated below.

School District Hold Harmless

H63 -Department of Education

EFA Hold Harmless - $20 million
These funds shall be used by the Department of Education to ensure that no district has a net decrease from FY 2004-05 in state funding from the following appropriation categories and revenue codes: Education Finance Act (3300), Employer Contributions (3180), Teacher Salary Supplement (3550), Teacher Salary Supplement Fringe (3555).

The remaining funds shall be transferred to the Spending Limit Reserve Fund and used for the purposes as provided for in proviso 73.15, The Spending Limit Reserve Fund./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HERBKERSMAN explained the amendment.

Rep. G. M. SMITH moved to table the amendment, which was agreed to by a division vote of 47 to 39.

Reps. TALLEY, E. H. PITTS and G. R. SMITH proposed the following Amendment No. 205 (Doc Name h:\legwork\house\amend\h-wm\001\spending limit.doc), which was adopted:
Amend the bill, as and if amended, by striking Amendment No. 32 and inserting in Part IB, Section 73, STATEWIDE REVENUE,


Printed Page 2017 . . . . . Wednesday, March 29, 2006

paragraph 73.14, page 530, line 5, by adding after /purposes./ the following: /If H. 4449 is not enacted during 2006 and does not take effect, the $116,808,791 appropriated in item (3) of this provision for "Property Tax Relief Act H. 4449" shall be transferred to the Spending Limit Reserve Fund and used for the purposes as provided for in proviso 73.15, The Spending Limit Reserve Fund./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 73, as amended, was adopted.

PART IA

SECTION 1--RECONSIDERED, AMENDED AND ADOPTED

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

Rep. COOPER proposed the following Amendment No. 158 (Doc Name h:\legwork\house\amend\h-wm\001\sch bus fuel 17m.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 5, line 34, opposite /other operating expenses/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

17,000,000   17,000,000
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

Section 1, as amended, was adopted.

SECTION 1AA--RECONSIDERED, AMENDED AND ADOPTED

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


Printed Page 2018 . . . . . Wednesday, March 29, 2006

Rep. COOPER proposed the following Amendment No. 189 (Doc Name h:\legwork\house\amend\h-wm\001\lotteryplus11m.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1AA, LOTTERY EXPENDITURE ACCOUNT, page 17, line 2, opposite /lottery expenditures/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

11,000,000
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

Section 1AA, as amended, was adopted.

PART IB

SECTION 8--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. COOPER to reconsider the vote whereby Section 8 was adopted was taken up and agreed to.

Rep. COOPER proposed the following Amendment No. 159 (Doc Name h:\legwork\house\amend\h-wm\001\tcm 17m.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 93, line 30, opposite /i. targeted case management/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

17,000,000   17,000,000
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

Section 8, as amended, was adopted.

SECTION 9--RECONSIDERED AND ADOPTED

The motion of Rep. COOPER to reconsider the vote whereby Section 9 was adopted was taken up and agreed to.


Printed Page 2019 . . . . . Wednesday, March 29, 2006

AMENDMENT NO. 89--RECONSIDERED AND TABLED

Rep. COOPER moved to reconsider the vote whereby Amendment No. 89 was adopted, which was agreed to.

Rep. PERRY proposed the following Amendment No. 89 (Doc Name h:\legwork\house\amend\h-wm\003\beach access 2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 399, line 30, by adding an appropriately numbered paragraph to read: /(beach access) the department may only use state appropriated funds for beach renourishment projects that have public beach access at a minimum of every 1,000 feet for the section of the beach being renourished /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 9 was adopted.

SECTION 27--RECONSIDERED AND ADOPTED

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

AMENDMENT NO. 5--RECONSIDERED AND TABLED

Rep. COOPER moved to reconsider the vote whereby Amendment No. 5 was adopted, which was agreed to.

Rep. COBB-HUNTER proposed the following Amendment No. 5 (Doc Name h:\legwork\house\amend\h-wm\003\orangeburg jobs.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 423, paragraph 26, line 22, by striking /received/ and inserting /receives/, amend further, line 22, by inserting after /Credits/ the words /for a facility located in Orangeburg County/, amend further, line 22, by striking /January 2005/ and inserting /2006/.
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 2020 . . . . . Wednesday, March 29, 2006

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

Section 27 was adopted.

SECTION 30--RECONSIDERED AND ADOPTED

The motion of Rep. COOPER to reconsider the vote whereby Section 30 was adopted was taken up and agreed to.

AMENDMENT NO. 184--RECONSIDERED AND TABLED

Rep. HARRISON moved to reconsider the vote whereby Amendment No. 184 was adopted, which was agreed to.

Rep. HARRISON proposed the following Amendment No. 184 (Doc Name h:\legwork\house\amend\council\bbm\9357htc06.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 30, JUDICIAL DEPARTMENT, page 425, after line 34, by adding an appropriately numbered paragraph to read:
/ 30. (JUD: CLE Late Fees) Notwithstanding any other provision of law, no late fee may be assessed or otherwise imposed for the CLE statement of compliance for 2006 if the statement is actually received by the Commission on Continuing Legal Education and Specialization before January 16, 2007 or if a mailed report received by the commission bears a postmark before January 16, 2007. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 30 was adopted.

STATEMENT BY REP. COOPER

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

MOTION ADOPTED

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


Printed Page 2021 . . . . . Wednesday, March 29, 2006

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

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

Yeas 104; Nays 8

Those who voted in the affirmative are:

Agnew                  Altman                 Anderson
Anthony                Bailey                 Bales
Ballentine             Bannister              Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Chalk                  Chellis
Clark                  Clemmons               Clyburn
Cobb-Hunter            Coleman                Cooper
Davenport              Delleney               Duncan
Edge                   Emory                  Funderburk
Govan                  Haley                  Hamilton
Hardwick               Harrell                Harrison
Harvin                 Haskins                Hayes
Herbkersman            Hinson                 Hiott
Hosey                  Howard                 Huggins
Jefferson              Jennings               Kirsh
Leach                  Limehouse              Littlejohn
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Mitchell               Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Sandifer
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Stewart                Talley
Taylor                 Thompson               Toole
Townsend               Umphlett               Vaughn
Vick                   Viers                  Walker

Printed Page 2022 . . . . . Wednesday, March 29, 2006

Whipper                White                  Whitmire
Witherspoon            Young

Total--104

Those who voted in the negative are:

Ceips                  Coates                 Cotty
Frye                   Hodges                 Rice
Rutherford             Scarborough

Total--8

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

RECORD FOR VOTING

I was out of the Chamber during the vote on H. 4810. Had I been present, I would have voted in favor of the Budget Bill.

Rep. Thomas M. Dantzler

STATEMENT FOR THE JOURNAL

Mr. Speaker and Colleagues:
I voted against the 06-07 FY budget bill, H.4810, because in my view it increases state spending and grows state government far too much. This budget, together with the Surplus Bill we will consider tomorrow, increase recurring state expenditures by more than 9% over that in the current FY budget.
While there are many good programs and services funded with this increase in state spending, I cannot justify to my constituents why we should increase state spending at a rate double that of the combined total of our rate of growth and CPI- at a rate almost twice the average increase in individual income received by the citizens of our State.
In FY 05-06, recurring expenditures were $5,617,181,458. In the FY 06-07 Budget Bill approved by the House tonight, recurring spending totals $6,023,644,546. The "Supplemental Bill" we will be considering tomorrow proposes spending $130 million more for various programs, services and expenses. At least $100,000,000 of those expenses are in fact recurring in nature. When this $100 million is added to the $406,463,088 difference in recurring spending between last year and this year's budgets, it is an overall $506,463,088, which equals a 9% increase in spending. That simply is not acceptable.


Printed Page 2023 . . . . . Wednesday, March 29, 2006

Equally troubling to me is our failure to include adequate funding to reasonably address even a meaningful pilot program for offering pre-school opportunities to those at risk 4-year olds throughout our State who are presently unserved. We have also failed to address the problems of our poorest school districts in providing even minimally adequate facilities and access to technology.
While it would have been much more difficult, I think we should have set preliminary spending caps on ourselves and stayed at the table until we could have carved out the funds necessary to hold any increase in recurring spending to not more than 7% tops.
As a result of the above, it is my intention to vote against the Surplus Bill tomorrow, all the while knowing that it is clear that a vast majority of the membership is intent on spending any and all new funds. Just as we have days of plenty or feast, only several years ago we had years of little or famine; and the economic cycle and predictions for the next few years are already warning us of another recession.
When the bad times come, our citizens who already feel they are paying too much in taxes at all levels will demand that we make whatever cuts are necessary. The hard work we may side-step now will be all the harder then, and cuts will include the basics of state government services and programs, such as education and health care for the poor.

Respectfully,
Rep. BILL COTTY

H. 4810--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 9, 35, 36A, 36, 38, 43, 44, 45, 46, 49, 51, 53, 55, 63, 63B and 65
The reason for abstaining on the above referenced legislation is:

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


Printed Page 2024 . . . . . Wednesday, March 29, 2006

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

Rep. PAUL AGNEW

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

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 35, 36A, 36, 38, 39, 43, 44, 45, 46, 49, 51, 55, 63, 63B and 65
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 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 9, 35, 36A, 36, 38, 43, 44, 45, 46, 49, 51, 53, 55, 63, 63B and 65
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. BRUCE BANNISTER

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

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 43, 50, 51, 55 and 40


Printed Page 2025 . . . . . Wednesday, March 29, 2006

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. HARRY CATO

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

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 42, 42A 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.

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. CONVERSE CHELLIS

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

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, 43, 44, 46, 53, 55 and 65

The reason for abstaining on the above referenced legislation is:

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


Printed Page 2026 . . . . . Wednesday, March 29, 2006

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, Section 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).

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. MARTY COATES

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and IB, Sections 9, 10, 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).


Printed Page 2027 . . . . . Wednesday, March 29, 2006

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. 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 9, 28, 30, 35, 36, 36A, 38, 43, 44, 45, 46, 49, 51, 55, 63, 63B and 65

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. 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 30, 38, 36A, 43, 44, 47, 50, 53, 55, 64 and 66

The reason for abstaining on the above referenced legislation is:

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


Printed Page 2028 . . . . . Wednesday, March 29, 2006

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.
These potential conflicts could arise for the following reasons:
1.   I serve as and expert witness for SCDOR in tax collection cases.
2.   I am a licensed title insurance agent.
3.   My law partners may have legal cases before these agencies.
4.   I am a licensed attorney and may participate in cases for my law firm which may represent clients in cases involving these agencies.

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 9, 35, 36A, 36, 38, 43, 44, 45, 46, 49, 51, 53, 55, 63, 63B and 65
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, 35, 36A, 36, 38, 43, 44, 45, 46, 49, 51, 53, 55, 63, 63B and 65
The reason for abstaining on the above referenced legislation is:

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


Printed Page 2029 . . . . . Wednesday, March 29, 2006

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

Rep. LAURIE SLADE FUNDERBURK

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

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 35, 36A, 36, 38, 43, 44, 45, 46, 49, 51, 53, 55, 63, 63B and 65
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 9, 35, 36A, 36, 38, 43, 44, 45, 46, 49, 51, 55, 63, 63B and 65
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 Part IB, Section 9


Printed Page 2030 . . . . . Wednesday, March 29, 2006

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 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 35, 43, 44, 45, 46 and 56A

The reason for abstaining on the above referenced legislation is:

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

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

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

Rep. 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 1 and 1A

The reason for abstaining on the above referenced legislation is:

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


Printed Page 2031 . . . . . Wednesday, March 29, 2006

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

Rep. DENNY W. NEILSON

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

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, 35, 36A, 36, 38, 43, 44, 45, 46, 49, 51, 53, 55, 63, 63B and 65
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 9, 35, 36A, 36, 38, 43, 44, 45, 46, 49, 51, 53, 55, 63, 63B and 65

The reason for abstaining on the above referenced legislation is:

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

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

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


Printed Page 2032 . . . . . Wednesday, March 29, 2006

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. TODD RUTHERFORD

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 9, 35, 36A, 36, 38, 43, 44, 45, 46, 49, 51, 53, 55, 63, 63B and 65
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

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

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

The reason for abstaining on the above referenced legislation is:


Printed Page 2033 . . . . . Wednesday, March 29, 2006

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. BILL SANDIFER

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 9, 35, 36A, 36, 38, 43, 44, 45, 46, 49, 51, 53, 55, 63, 63B and 65
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 and Part IB, Sections 8, 9, 13, 35, 36, 38, 40, 42, 42A, 43, 44, 45, 46, 49, 50, 51, 55, 62, 63, 64, 72 and 66

The reason for abstaining on the above referenced legislation is:

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

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

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


Printed Page 2034 . . . . . Wednesday, March 29, 2006

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. G. MURRELL SMITH, JR.

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 9, 35, 36A, 36, 38, 43, 44, 45, 46, 49, 51, 53, 55, 63, 63B and 65
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 E. 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 9, 28, 30, 36, 36A, 38, 43, 44, 45, 46, 49, 51, 55, 63 and 65

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. W. DOUG SMITH

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Printed Page 2035 . . . . . Wednesday, March 29, 2006

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 30, 35, 36A, 38, 43 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.

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. SCOTT F. TALLEY

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

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 30, 43, 50, 51, 53, 55 and 62

The reason for abstaining on the above referenced legislation is:

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

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

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


Printed Page 2036 . . . . . Wednesday, March 29, 2006

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

Rep. J. DAVID WEEKS

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

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

The reason for abstaining on the above referenced legislation is:

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

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

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

Rep. SETH WHIPPER

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Rep. COOPER 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. 4718 (Word version) -- Reps. Limehouse, Umphlett, Hagood, Merrill, Jefferson, Ceips, Dantzler, Haley, Neilson, Scarborough, Hinson, Funderburk, Miller, Altman and Battle: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL


Printed Page 2037 . . . . . Wednesday, March 29, 2006

DELEGATION TO OPPOSE THE SALE OF LAND IN THE FRANCIS MARION AND SUMTER NATIONAL FORESTS.

ADJOURNMENT

At 7:10 p.m. the House, in accordance with the motion of Rep. WALKER, adjourned in memory of Cathy McHenry Bird of Gramling, to meet at 9:30 a.m. tomorrow.

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