South Carolina General Assembly
118th Session, 2009-2010
Journal of the House of Representatives


Printed Page 1665 . . . . . Monday, March 9, 2009

Monday, March 9, 2009
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 46:1: "God is our refuge and strength. The Lord Almighty is with us."
Let us pray. Holy and mighty God, as we begin a new week filled with many challenges, give these Representatives strength, courage, and integrity to accomplish the huge task set before them. Help them discern what are the important issues so that they may, with Your guidance, make the right decisions. We pray those decisions will prove to be the right thing to do. Give us pause during the day to reflect on our decisions. Grant Your blessings upon our Nation, President, State, Governor, Speaker, this Honorable Assembly, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Hear us as we pray, O 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. H. B. BROWN moved that when the House adjourns, it adjourn in memory of former Senator John Martin of Winnsboro, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family of Representative Stringer whose son is hospitalized.


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COMMUNICATION

The following was received:

State of South Carolina
Office of the Governor

Columbia, S.C., March 3, 2009
Mr. Speaker and Members of the House of Representatives:

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

Local Appointment
Orangeburg County Master-in-Equity
Term Commencing: August 14, 2009
Term Expiring: August 14, 2015
Seat: Master-in-Equity

Reappointment
The Honorable O. Davie Burgdorf
Post Office Box 9000
Orangeburg, South Carolina 29116

Respectfully,
Mark Sanford
Governor

Received as information.

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 4018
Agency: Department of Labor, Licensing and Regulation - Board of Registration for Professional Engineers and Surveyors
Statutory Authority: 1976 Code Sections 40-1-70, 40-22-60, and 40-22-130
Board of Registration for Professional Engineers and Surveyors
Received by Speaker of the House of Representatives
January 16, 2009
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 16, 2009


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REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 4022
Agency: Riverbanks Parks Commission
Statutory Authority: 1976 Code Sections 51-13-30 and 51-13-80
Riverbanks Parks Commission
Received by Speaker of the House of Representatives
March 5, 2009
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration February 9, 2010

Document No. 4053
Agency: Commissioners of Pilotage
Statutory Authority: 1976 Code Sections 40-1-70 and 54-15-140
Enforcement of Pilot Statutes and Maritime Homeland Security
Received by Speaker of the House of Representatives
March 5, 2009
Referred to Judiciary Committee
Legislative Review Expiration February 9, 2010

CONCURRENT RESOLUTION

The following was introduced:

H. 3673 (Word version) -- Reps. Forrester, Parker, Duncan, Hiott, Allison, Cole, Cooper, Daning, Kelly, Littlejohn, Owens, M. A. Pitts, Rice, Stringer, Wylie, T. R. Young, J. R. Smith, D. C. Smith and Stewart: A CONCURRENT RESOLUTION TO EXPRESS THE OPPOSITION OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE FIREARM LICENSING AND RECORD OF SALE ACT OF 2009 RECENTLY INTRODUCED IN THE CONGRESS WHICH WOULD, AMONG OTHER PROVISIONS, REQUIRE ALL FIREARM OWNERS TO APPLY FOR AND CARRY A FEDERALLY ISSUED PICTURE IDENTIFICATION IN ORDER TO KEEP ANY FIREARM IN THEIR HOMES, AND TO MEMORIALIZE THE CONGRESS TO CEASE AND DESIST FROM ATTEMPTING TO ENACT ANY FEDERAL LEGISLATION


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INFRINGING ON THE CONSTITUTIONAL RIGHT TO EVERY AMERICAN TO KEEP AND BEAR ARMS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3674 (Word version) -- Reps. J. H. Neal, Bales, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gullick, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. M. Neal, Neilson, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE LIEUTENANT ULYSSES FLEMMING, SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES LAW ENFORCEMENT OFFICER, UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR NEARLY FORTY YEARS OF DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA, AND TO EXTEND BEST WISHES FOR MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

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


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CONCURRENT RESOLUTION

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

H. 3675 (Word version) -- Reps. Neilson, Williams, Lucas, Harrell, Jennings, Barfield, Bales, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gullick, Gunn, Haley, Hamilton, Hardwick, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Willis, Wylie, A. D. Young and T. R. Young: A CONCURRENT RESOLUTION TO EXPRESS THE LONG-HELD BELIEF OF THE GENERAL ASSEMBLY THAT NASCAR RACING IS AN INTEGRAL AND VITAL PART OF THE STATE OF SOUTH CAROLINA AND ITS ECONOMY AND TO RECOGNIZE THE DARLINGTON RACEWAY AS ONE OF OUR STATE'S MOST TREASURED ATTRACTIONS AND NASCAR RACING AS A SIGNIFICANT PART OF OUR STATE'S RICH HISTORY, AND TO NAME THE WEEK OF MAY 4, 2009, THROUGH MAY 10, 2009, "DARLINGTON RACEWAY WEEK, THE WEEK TOO TOUGH TO TAME".

Whereas, the Darlington Raceway opened on September 4, 1950, with the inaugural running of the Southern 500, the first stock car race on a paved track; and

Whereas, since 1950, Darlington Raceway has served as a cornerstone in the development of stock car racing, one of the fastest growing and most popular spectator sports in the country; and


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Whereas, Darlington Raceway is celebrating its sixtieth season of racing; and

Whereas, Darlington Raceway still hosts its annual spring race events, which will be held this year during the week of May 4, 2009; and

Whereas, South Carolina lays claim to many of the legends of NASCAR racing, including Rex White, David Pearson, Bud Moore, James Hylton, Tiny Lund, and Cale Yarborough; and

Whereas, the State of South Carolina is rich in historical references to the sport of stock car racing, beginning with the dirt raceways across the State that served as home to the fledgling sport of NASCAR racing in the 1950's and as evidenced today by the Darlington Raceway Stock Car Museum, the Joe Weatherly Stock Car Museum, and the National Motorsports Press Association Hall of Fame at Darlington Raceway; and

Whereas, the NASCAR events at Darlington focus our nation's attention and the attention of the world upon our great State as a sport and tourism destination; and

Whereas, the annual economic impact that NASCAR racing has on South Carolina is in excess of fifty million dollars, as NASCAR fans from across the country and around the world visit the State each year to attend racing events and vacation in communities throughout the Palmetto State; and

Whereas, the Darlington Raceway participates as a good corporate citizen at the local, regional, and state levels and is active in numerous community and charitable efforts, contributing to and enhancing the quality of life of the people and the State of South Carolina. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly, by this resolution, express the long-held belief that NASCAR racing is an integral and vital part of the State of South Carolina and its economy and recognize


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Darlington Raceway as one of our state's most treasured attractions and NASCAR racing as a significant part of our state's rich history.

Be it further resolved that the week of May 4, 2009, through May 10, 2009, is named "Darlington Raceway Week, the Week Too Tough to Tame".

Be it further resolved that a copy of this resolution be forwarded to NASCAR and the Darlington Raceway.

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

INTRODUCTION OF BILLS

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

H. 3676 (Word version) -- Reps. Herbkersman and Erickson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3588 SO AS TO PROVIDE FOR A CREDIT AGAINST CERTAIN TAX LIABILITY OF A TAXPAYER FOR COSTS INCURRED FOR NEW CONSTRUCTION, RENOVATION, OR OTHER BUILDING PROJECT THAT MEETS CERTAIN GREEN GLOBES OR LEED STANDARDS FOR ENERGY EFFICIENCY AND TO DEFINE TERMS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOBS TAX CREDIT, SO AS TO INCLUDE A KNOWLEDGE-INTENSIVE BUSINESS AS A QUALIFYING FACILITY, DEFINE "KNOWLEDGE-INTENSIVE BUSINESS", AND PROVIDE FOR THE DESIGNATION OF COUNTY RANKINGS BY USING THE UNEMPLOYMENT RATE AND EITHER THE PER CAPITA INCOME OR THE AVERAGE REGIONAL WAGE RATE; AND TO AMEND SECTION 12-6-3410, AS AMENDED, RELATING TO THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO MODIFY THE REQUIREMENT OF A CERTAIN NUMBER OF NEW FULL-TIME JOBS TO TEN PERCENT OF THE CORPORATE PAYROLL.
Referred to Committee on Ways and Means

H. 3677 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE


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"VIOLENCE AGAINST WOMEN FEDERAL COMPLIANCE ACT" TO CONFORM STATE LAW TO FEDERAL REQUIREMENTS BY AMENDING SECTION 16-3-740 RELATING TO TESTING CERTAIN CRIMINALS FOR HEPATITIS B AND THE HUMAN IMMUNODEFICIENCY VIRUS AT THE REQUEST OF A VICTIM, SO AS TO REVISE THE DEFINITION OF "OFFENDER" TO INCLUDE ADULTS AND JUVENILES, TO CLARIFY PROCEDURES FOR DISCLOSING TEST RESULTS, TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ADVISE THE VICTIM OF AVAILABLE TREATMENT OPTIONS, AND UPON REQUEST OF THE VICTIM PROVIDE TESTING AND POST-TESTING COUNSELING; BY ADDING SECTION 16-3-750 SO AS TO PROHIBIT LAW ENFORCEMENT AND PROSECUTING OFFICERS FROM ASKING OR REQUIRING A VICTIM OF AN ALLEGED CRIMINAL SEXUAL CONDUCT OFFENSE TO SUBMIT TO A POLYGRAPH EXAMINATION AND TO PROVIDE THAT REFUSAL OF A VICTIM TO SUBMIT TO SUCH AN EXAMINATION DOES NOT PREVENT THE INVESTIGATION, CHARGING, OR PROSECUTION OF THE OFFENSE; TO AMEND SECTION 16-3-1350 RELATING TO MEDICOLEGAL EXAMINATIONS FOR VICTIMS OF CRIMINAL SEXUAL CONDUCT OR CHILD SEX ABUSE, SO AS TO DELETE THE PROVISION REQUIRING SUCH A VICTIM TO FILE AN INCIDENT REPORT WITH A LAW ENFORCEMENT AGENCY IN ORDER TO RECEIVE A MEDICOLEGAL EXAMINATION WITHOUT CHARGE; TO AMEND SECTION 16-3-177, AS AMENDED, RELATING TO THE FORM AND CONTENT OF A RESTRAINING ORDER, SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A PERSON SUBJECT TO A RESTRAINING ORDER MAY NOT SHIP, TRANSPORT, OR POSSESS A FIREARM; BY ADDING SECTION 16-25-30 SO AS TO PROVIDE THAT A PERSON CONVICTED OF CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE MUST BE NOTIFIED IN WRITING THAT IT IS UNLAWFUL FOR SUCH A DEFENDANT TO SHIP, TRANSPORT, OR POSSESS A FIREARM; AND TO AMEND SECTION 20-4-60, AS AMENDED, RELATING TO THE FORM AND CONTENT OF AN ORDER OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO PROVIDE THAT IT IS

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UNLAWFUL FOR A PERSON SUBJECT TO AN ORDER OF PROTECTION TO SHIP, TRANSPORT, OR POSSESS A FIREARM.
On motion of Rep. COBB-HUNTER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3678 (Word version) -- Reps. Moss, Whipper, Anthony, Herbkersman, Merrill, Nanney, G. M. Smith, Thompson and Weeks: A BILL TO AMEND SECTION 56-5-4140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ALLOWABLE GROSS WEIGHTS OF VEHICLES THAT MAY BE OPERATED ALONG THE STATE'S HIGHWAYS, SO AS TO MAKE A TECHNICAL CHANGE.
Referred to Committee on Education and Public Works

H. 3679 (Word version) -- Reps. Loftis, Brantley, Govan, Clyburn, Gilliard, King, Agnew, Allison, Anderson, R. L. Brown, Frye, Funderburk, Hayes, Hodges, Horne, Jefferson, Mack, Moss, Neilson, Parker, Rice, G. M. Smith, Spires, Stringer, Umphlett, Weeks, Williams, Willis and A. D. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-287 SO AS TO PROVIDE THAT BEFORE A PERSON'S DRIVER'S LICENSE MAY BE SUSPENDED FOR FAILURE TO MAINTAIN INSURANCE ON A MOTOR VEHICLE OR OPERATING AN UNINSURED MOTOR VEHICLE, THE DEPARTMENT OF MOTOR VEHICLES MUST NOTIFY THE PERSON BY CERTIFIED MAIL THAT HIS DRIVER'S LICENSE WILL BE SUSPENDED.
Referred to Committee on Education and Public Works

H. 3680 (Word version) -- Reps. Limehouse, Sottile, Whipper, Gilliard, Gambrell and Kelly: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ITEMS EXEMPTED FROM TAXES IMPOSED ON THEIR GROSS PROCEEDS OF SALES OR SALES PRICE, SO AS TO PROVIDE THAT CERTAIN FIRE SPRINKLER SYSTEMS INSTALLED IN A MANUFACTURED HOME ARE EXEMPT FROM THE TAXES IMPOSED UNDER THIS SECTION.
Referred to Committee on Ways and Means

H. 3681 (Word version) -- Reps. Ott, Kirsh, Brantley, McEachern, G. A. Brown, J. H. Neal, Cobb-Hunter, Sellers, Gunn, Dillard, King, Anderson,


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Duncan, Agnew, Clyburn, Edge, Gambrell, Hosey, Howard, McLeod and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 50 SO AS TO ENACT "CHANDLER'S LAW" TO PROVIDE FOR REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES INCLUDING THE REQUIREMENT THAT PERSONS FIFTEEN AND YOUNGER MUST COMPLETE A SAFETY COURSE BEFORE THEY MAY OPERATE AN ALL-TERRAIN VEHICLE, TO REQUIRE THAT VEHICLES MEETING SPECIFIC STANDARDS ONLY MAY BE OPERATED BY PERSONS OF A CERTAIN AGE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES BEGINNING WITH CALENDAR YEAR 2009; AND BY ADDING ARTICLE 9 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3682 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2087 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE A COMMERCIAL DRIVER'S LICENSE TO HONORABLY DISCHARGED MEMBERS OF THE UNITED STATES MILITARY, SOUTH CAROLINA NATIONAL GUARD, AND MILITARY RESERVES WHO APPLY FOR THE LICENSE WITHIN NINETY DAYS OF THEIR DISCHARGE FROM MILITARY SERVICE, AND TO PROVIDE FOR THE CONDITIONS THAT AN APPLICANT FOR THIS DRIVER'S LICENSE MUST FULFILL.
Referred to Committee on Education and Public Works

H. 3683 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 56-1-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING A MOTOR VEHICLE WITH A CANCELED, SUSPENDED, OR REVOKED DRIVER'S LICENSE, SO AS TO REVISE THE PENALTY FOR DRIVING A MOTOR VEHICLE WITH A CANCELED, SUSPENDED, OR REVOKED DRIVER'S LICENSE FOR A THIRD OR SUBSEQUENT OFFENSE.
Referred to Committee on Judiciary


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H. 3684 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-240 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MUST WEAR AN OFFICIAL BADGE ISSUED BY THE AGENCY IN WHICH HE IS EMPLOYED AT ALL TIMES WHILE ON DUTY EXCEPT WHEN HE IS PERFORMING UNDERCOVER LAW ENFORCEMENT DUTIES.
Referred to Committee on Judiciary

H. 3685 (Word version) -- Rep. Vick: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 20, 2009, AND FEBRUARY 4, 2009, BY THE STUDENTS OF CHESTERFIELD COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND INCLEMENT WEATHER ARE EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.
On motion of Rep. J. M. NEAL, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 16 (Word version) -- Senators Lourie and Elliott: A BILL TO AMEND SECTION 59-39-100 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF UNIFORM DIPLOMAS, TO REQUIRE THE ISSUANCE OF HIGH SCHOOL DIPLOMAS FOR QUALIFYING VETERANS WHO SERVED IN THE UNITED STATES ARMED FORCES DURING A WAR PERIOD AS DEFINED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS.
Referred to Committee on Education and Public Works

S. 97 (Word version) -- Senators Leventis, Land and Malloy: A BILL TO AMEND SECTION 59-53-1410 OF THE 1976 CODE, RELATING TO THE CENTRAL CAROLINA TECHNICAL COLLEGE COMMISSION, TO PROVIDE AN ADDITIONAL MEMBER FROM CLARENDON COUNTY AND AN ADDITIONAL MEMBER FROM KERSHAW COUNTY.
Referred to Committee on Education and Public Works

S. 110 (Word version) -- Senator Malloy: A BILL TO AMEND SECTION 59-150-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION LOTTERY ACT, TO PERMIT THE SALE


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OF LOTTERY TICKETS ON GENERAL OR PRIMARY ELECTION DAYS.
Referred to Committee on Judiciary

S. 146 (Word version) -- Senators Campsen, Rose and Ford: A BILL TO AMEND THE 1976 CODE BY ADDING SECTION 20-3-240 TO ENACT THE "FAMILY COURT FINANCIAL PRIVACY ACT" TO PROVIDE THAT A FINANCIAL DECLARATION MADE A PART OF THE RECORD IN A MATTER BEFORE THE FAMILY COURT MUST BE SEALED, TO PROVIDE ACCESS TO A FINANCIAL DECLARATION UPON REQUEST ONLY BY THE PARTIES, THE COURT AND PERSONNEL OF THE COURT, AND THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE DEPARTMENT OF SOCIAL SERVICES, AND TO PROHIBIT OTHER ACCESS EXCEPT UPON ORDER OF THE COURT FOR GOOD CAUSE SHOWN; AND TO AMEND SECTION 30-4-40, RELATING TO EXEMPTIONS FROM THE FREEDOM OF INFORMATION ACT, TO EXEMPT FINANCIAL DECLARATIONS IN MATTERS BEFORE THE FAMILY COURT EXCEPT ON ORDER OF THE COURT FOR GOOD CAUSE SHOWN.
Referred to Committee on Judiciary

S. 488 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO CHARTER SCHOOL APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4028, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 489 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ASSESSMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 4029, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 490 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PROGRAM FOR ASSISTING,


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DEVELOPING, AND EVALUATING PRINCIPAL PERFORMANCE (PADEPP), DESIGNATED AS REGULATION DOCUMENT NUMBER 4027, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 499 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOUTH CAROLINA TRAUMA SYSTEM, DESIGNATED AS REGULATION DOCUMENT NUMBER 3199, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

HOUSE RESOLUTION

The following was introduced:

H. 3686 (Word version) -- Reps. Weeks, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gullick, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE GEORGE M. MCFADDIN, JR., OF SUMTER COUNTY FOR HIS DEDICATED LABORS ON BEHALF OF CHILDREN AND FAMILIES, AND TO CONGRATULATE HIM ON BEING NAMED 2009 ADVOCATE


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OF THE YEAR BY THE SOUTH CAROLINA CHILDREN'S FOSTER CARE REVIEW BOARD (FCRB), A DIVISION OF THE SOUTH CAROLINA GOVERNOR'S OFFICE.

Whereas, it is with great pleasure that the members of the South Carolina House of Representatives honor individuals who freely give of their time and resources for the good of others, especially those who need it most; and

Whereas, the Honorable George M. McFaddin, Jr., of Sumter County stands high among their number, much admired for his years of unceasing effort to make the Sumter area a better place to live for children and families; and

Whereas, since being elected to the Family Court of the Third Judicial Circuit in 2002, Judge McFaddin has proven himself a friend to children and families, as well as a supporter of child advocates; and

Whereas, a graduate of the University of South Carolina, this Sumter County native instituted "Adoption Days," legal hearings that took place in his Family Court chambers that facilitated adoptions for a number of children around the State last year. Judge McFaddin decided to institute the biannual proceedings after noticing the backlog of cases for children awaiting consummation hearings. He invited representatives from the FCRB legal team, attorneys, and would-be foster parents to come to Sumter to finalize the proceedings; and

Whereas, because of that initiative, twenty-five children received permanent homes in 2008; and

Whereas, in addition to his Adoption Days, Judge McFaddin has served as chair to the Bench/Bar Committee, where he has worked toward strengthening the legal system's representation of children and families. Recognizing the importance of permanence for these children, he has labored proactively and successfully to move some cases through the system; and

Whereas, in appreciation of his outstanding work on behalf of children and families, the South Carolina Children's Foster Care Review Board, a division of the South Carolina Governor's Office, has


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named Judge McFaddin 2009 Advocate of the Year, an award given to an individual who has been an unusual advocate for children; and

Whereas, this honor is a fitting tribute to a man with a high dedication to his calling equaling the eminence of the award, and the South Carolina House of Representatives is proud to add its collective voice to the many warm expressions of praise and gratitude so well deserved by Judge McFaddin. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, recognize and commend the Honorable George M. McFaddin, Jr., of Sumter County for his dedicated labors on behalf of children and families, and congratulate him on being named 2009 Advocate of the Year by the South Carolina Children's Foster Care Review Board (FCRB), a division of the South Carolina Governor's Office.

Be it further resolved that a copy of this resolution be forwarded to the Honorable George M. McFaddin, Jr.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 524 (Word version) -- Senators Malloy, Leatherman, S. Martin and Land: A CONCURRENT RESOLUTION TO EXPRESS THE LONG-HELD BELIEF OF THE GENERAL ASSEMBLY THAT NASCAR RACING IS AN INTEGRAL AND VITAL PART OF THE STATE OF SOUTH CAROLINA AND ITS ECONOMY AND TO RECOGNIZE THE DARLINGTON RACEWAY AS ONE OF OUR STATE'S MOST TREASURED ATTRACTIONS AND NASCAR RACING AS A SIGNIFICANT PART OF OUR STATE'S RICH HISTORY, AND TO NAME THE WEEK OF MAY 4, 2009, THROUGH MAY 10, 2009, "DARLINGTON RACEWAY WEEK, THE WEEK TOO TOUGH TO TAME".


Printed Page 1680 . . . . . Monday, March 9, 2009

Whereas, the Darlington Raceway opened on September 4, 1950, with the inaugural running of the Southern 500, the first stock car race on a paved track; and

Whereas, since 1950, Darlington Raceway has served as a cornerstone in the development of stock car racing, one of the fastest growing and most popular spectator sports in the country; and

Whereas, Darlington Raceway is celebrating its sixtieth season of racing; and

Whereas, Darlington Raceway still hosts its annual spring race events, which will be held this year during the week of May 4, 2009; and

Whereas, South Carolina lays claim to many of the legends of NASCAR racing, including Rex White, David Pearson, Bud Moore, James Hylton, Tiny Lund, and Cale Yarborough; and

Whereas, the State of South Carolina is rich in historical references to the sport of stock car racing, beginning with the dirt raceways across the State that served as home to the fledgling sport of NASCAR racing in the 1950's and as evidenced today by the Darlington Raceway Stock Car Museum, the Joe Weatherly Stock Car Museum, and the National Motorsports Press Association Hall of Fame at Darlington Raceway; and

Whereas, the NASCAR events at Darlington focus our nation's attention and the attention of the world upon our great State as a sport and tourism destination; and

Whereas, the annual economic impact that NASCAR racing has on South Carolina is in excess of fifty million dollars, as NASCAR fans from across the country and around the world visit the State each year to attend racing events and vacation in communities throughout the Palmetto State; and

Whereas, the Darlington Raceway participates as a good corporate citizen at the local, regional, and state levels and is active in numerous community and charitable efforts, contributing to and enhancing the


Printed Page 1681 . . . . . Monday, March 9, 2009

quality of life of the people and the State of South Carolina. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly, by this resolution, express the long-held belief that NASCAR racing is an integral and vital part of the State of South Carolina and its economy and recognize Darlington Raceway as one of our state's most treasured attractions and NASCAR racing as a significant part of our state's rich history.

Be it further resolved that the week of May 4, 2009, through May 10, 2009, is named "Darlington Raceway Week, the Week Too Tough to Tame".

Be it further resolved that a copy of this resolution be forwarded to NASCAR and the Darlington Raceway.

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

ROLL CALL

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

Agnew                  Alexander              Allison
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Brantley
H. B. Brown            Cato                   Chalk
Clyburn                Cobb-Hunter            Cole
Cooper                 Daning                 Delleney
Dillard                Duncan                 Erickson
Forrester              Frye                   Funderburk
Gambrell               Gilliard               Govan
Gullick                Gunn                   Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Harvin
Hayes                  Hearn                  Hiott
Hodges                 Horne                  Hosey

Printed Page 1682 . . . . . Monday, March 9, 2009

Huggins                Hutto                  Jefferson
Kelly                  King                   Kirsh
Littlejohn             Loftis                 Long
Lucas                  Mack                   McEachern
McLeod                 Merrill                Miller
Millwood               Mitchell               Moss
Nanney                 J. H. Neal             J. M. Neal
Neilson                Owens                  Parker
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scott
Sellers                Skelton                D. C. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stewart                Thompson               Toole
Umphlett               Vick                   Viers
Weeks                  White                  Whitmire
Williams               Willis                 Wylie
A. D. Young            T. R. Young

STATEMENT OF ATTENDANCE

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

Karl Allen                        Carl Anderson
Lester P. Branham                 Robert L. Brown
Kris Crawford                     Tracy Edge
Douglas Jennings                  Kenneth Kennedy
H.B. "Chip" Limehouse             Phillip Lowe
Harry Ott                         Anne Parks
Todd Rutherford                   Gary Simrill
Jackson "Seth"  Whipper           William G. Herbkersman
Leon Howard                       G. Murrell Smith
Grady Brown

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. KNIGHT a leave of absence due to an illness.


Printed Page 1683 . . . . . Monday, March 9, 2009

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSORS ADDED

Bill Number:   H. 3673 (Word version)
Date:   ADD:
03/09/09   T. R. YOUNG, J. R. SMITH, STEWART and D. C. SMITH

H. 3560--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 3560--GENERAL APPROPRIATION BILL

H. 3560 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2009, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER


Printed Page 1684 . . . . . Monday, March 9, 2009

PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

MOTION ADOPTED

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

MOTION ADOPTED

Rep. COOPER moved that while debating H. 3560 he be allowed to note a motion daily to reconsider each section adopted, which was agreed to.

PART IA

SECTION 4

Section 4 was adopted.

SECTION 15C

Section 15C was adopted.

SECTION 15H

Section 15H was adopted.

SECTION 20

Section 20 was adopted.

SECTION 27

Section 27 was adopted.

SECTION 28

Section 28 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 34--ADOPTED

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

Yeas 98; Nays 0


Printed Page 1685 . . . . . Monday, March 9, 2009

Those who voted in the affirmative are:
Agnew                  Alexander              Allison
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Brantley               H. B. Brown            R. L. Brown
Cato                   Chalk                  Clyburn
Cobb-Hunter            Cole                   Cooper
Daning                 Delleney               Duncan
Edge                   Erickson               Forrester
Frye                   Funderburk             Gilliard
Govan                  Gullick                Gunn
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hart
Hayes                  Hearn                  Hiott
Hodges                 Horne                  Hosey
Huggins                Hutto                  Jefferson
Kelly                  King                   Kirsh
Littlejohn             Long                   Lucas
Mack                   Merrill                Miller
Millwood               Mitchell               Moss
Nanney                 J. H. Neal             J. M. Neal
Neilson                Owens                  Parker
Parks                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scott                  Sellers                Simrill
D. C. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stewart                Thompson               Toole
Umphlett               Vick                   Viers
Weeks                  White                  Whitmire
Williams               Willis                 Wylie
A. D. Young            T. R. Young

Total--98

Those who voted in the negative are:

Total--0


Printed Page 1686 . . . . . Monday, March 9, 2009

Section 34 was adopted.

RECORD FOR VOTING

I was temporarily out of the Chamber responding to a constituent during the budget vote on the Department of Agriculture. If I had been present, I would have voted in favor of Section 34 of H. 3560.

Rep. Leon Stavrinakis

SECTION 35

Section 35 was adopted.

SECTION 37

Section 37 was adopted.

SECTION 38

Section 38 was adopted.

SECTION 41

Section 41 was adopted.

SECTION 42

Section 42 was adopted.

SECTION 45--DEBATE ADJOURNED

Rep. A. D. YOUNG explained the Section.

Rep. A. D. YOUNG moved to adjourn debate on the Section, which was agreed to.

SECTION 50--ADOPTED

Rep. A. D. YOUNG explained the Section.

Section 50 was adopted.

SECTION 51--DEBATE ADJOURNED

Rep. A. D. YOUNG explained the Section.


Printed Page 1687 . . . . . Monday, March 9, 2009

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

SECTION 56

Section 56 was adopted.

SECTION 58

Section 58 was adopted.

SECTION 59

Section 59 was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61

Section 61 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 63

Section 63 was adopted.

SECTION 64

Section 64 was adopted.

SECTION 65

Section 65 was adopted.

SECTION 70A

Section 70A was adopted.

SECTION 70B

Section 70B was adopted.

SECTION 70C

Section 70C was adopted.

SECTION 70D

Section 70D was adopted.


Printed Page 1688 . . . . . Monday, March 9, 2009

SECTION 70E

Section 70E was adopted.

SECTION 70F

Section 70F was adopted.

SECTION 72A--AMENDED AND DEBATE ADJOURNED

Rep. COOPER proposed the following Amendment No. 5 (Doc Name h:\legwork\house\amend\H-WM\001\RESTORE ECOS.DOCX), which was adopted:
Amend the bill, as and if amended, Part IA, Section 72A, GOVERNOR'S OFFICE-EXECUTIVE CONTROL OF STATE, page 263, line 5, opposite /unclassified positions/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

650,730     650,730
Amend the bill further, as and if amended, Section 72A, GOVERNOR'S OFFICE-EXECUTIVE CONTROL OF STATE, page 263, line 16, opposite /employer contributions/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

278,884     278,884
Renumber sections to conform.
Amend totals and titles to conform.

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

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

SECTION 73

Section 73 was adopted.

SECTION 76

Section 76 was adopted.

SECTION 79

Section 79 was adopted.


Printed Page 1689 . . . . . Monday, March 9, 2009

SECTION 80B

Section 80B was adopted.

SECTION 80D

Section 80D was adopted.

SECTION 83

Section 83 was adopted.

SECTION 87

Section 87 was adopted.

SECTION 88

Section 88 was adopted.

PART IB

SECTION 3

Section 3 was adopted.

SECTION 4--AMENDED AND ADOPTED

Rep. J. R. SMITH proposed the following Amendment No. 31(Doc Name h:\legwork\house\amend\H-WM\008\SCSDB SCHOOL BUS PURCHASES.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 4, SCHOOL FOR THE DEAF AND THE BLIND, page 373, paragraph 4.13, line 30, by inserting after /school bus purchases/:
/and subject to the availability of these funds /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. R. SMITH explained the amendment.
The amendment was then adopted.

Section 4, as amended, was adopted.

SECTION 7

Section 7 was adopted.


Printed Page 1690 . . . . . Monday, March 9, 2009

SECTION 18

Section 18 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 27

Section 27 was adopted.

SECTION 28

Section 28 was adopted.

SECTION 29

Section 29 was adopted.

SECTION 31

Section 31 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 38

Section 38 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 52

Section 52 was adopted.

SECTION 53

Section 53 was adopted.


Printed Page 1691 . . . . . Monday, March 9, 2009

SECTION 55

Section 55 was adopted.

SECTION 57

Section 57 was adopted.

SECTION 59

Section 59 was adopted.

SECTION 62--DEBATE ADJOURNED

Rep. BINGHAM proposed the following Amendment No. 22 (Doc Name h:\legwork\house\amend\H-WM\007\PRODUCER LICENSING FEES.DOCX):
Amend the bill, as and if amended, Part IB, Section 62, DEPARTMENT OF INSURANCE, page 450, paragraph 62.3, lines 26-35, and page 451, lines 1-10 by striking /The proviso in its entirety/ and inserting /(Fees for Licenses) The Department of Insurance shall be authorized to charge a $25 initial producer license fee; $25 biennial producer license renewal fee; and $250 penalty fee for late appointment renewals. The director shall specify the time and manner of payment of these fees by order. The department shall retain these fees and any retaliatory fees collected pursuant an audit of retaliatory fee payments for years 2008 and prior in accordance with Section 38-7-90 et seq. These funds shall be used for the administration of Title 38. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BINGHAM explained the amendment.

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

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

SECTION 63

Section 63 was adopted.


Printed Page 1692 . . . . . Monday, March 9, 2009

SECTION 64

Section 64 was adopted.

SECTION 71

Section 71 was adopted.

SECTION 74

Section 74 was adopted.

SECTION 76

Section 76 was adopted.

SECTION 78

Section 78 was adopted.

SECTION 82--ADOPTED

Rep. WHITE explained the Section.

Section 82 was adopted.

SECTION 83

Section 83 was adopted.

SECTION 84

Section 84 was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. H. B. BROWN a temporary leave of absence to attend the funeral of former Senator John Martin.

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

THE HOUSE RESUMES

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

POINT OF QUORUM

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


Printed Page 1693 . . . . . Monday, March 9, 2009

SPEAKER IN CHAIR

H. 3560--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Part 1B.

H. 3560--THE GENERAL APPROPRIATION BILL

PART IB

SECTION 90--AMENDED AND DEBATE ADJOURNED

Reps. COOPER, BINGHAM, J. E. SMITH and SELLERS proposed the following Amendment No. 73 (Doc Name h:\legwork\house\ amend\H-WM\001\arra fund auth dc jes bs.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 90, STATEWIDE REVENUE, page 532, after line 6, by adding an appropriately numbered paragraph to read:
/ (SR: ARRA Fund Authorization) It is the intent of the General Assembly to accept all available funds from the State Budget Stabilization Fund contained within the American Recovery and Reinvestment Act of 2009. The Office of State Budget is directed to increase agency federal fund authorizations for funds from the State Budget Stabilization Fund allocated by the General Assembly. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COOPER explained the amendment.

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

Yeas 108; Nays 8

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Bales                  Bannister              Barfield
Battle                 Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               R. L. Brown            Cato
Chalk                  Clyburn                Cobb-Hunter

Printed Page 1694 . . . . . Monday, March 9, 2009

Cole                   Cooper                 Crawford
Daning                 Delleney               Dillard
Duncan                 Edge                   Erickson
Forrester              Frye                   Funderburk
Gambrell               Gilliard               Govan
Gullick                Gunn                   Haley
Hardwick               Harrell                Harrison
Hart                   Harvin                 Hayes
Hearn                  Herbkersman            Hiott
Hodges                 Horne                  Hosey
Howard                 Huggins                Hutto
Jefferson              Kelly                  Kennedy
King                   Kirsh                  Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Mack
McEachern              McLeod                 Merrill
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parker
Parks                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Rutherford
Sandifer               Scott                  Sellers
Simrill                Skelton                D. C. Smith
G. M. Smith            J. E. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Thompson               Toole                  Umphlett
Weeks                  Whipper                White
Whitmire               Williams               Willis
Wylie                  A. D. Young            T. R. Young

Total--108

Those who voted in the negative are:

Ballentine             Bedingfield            Hamilton
Millwood               Nanney                 G. R. Smith
Stewart                Viers

Total--8

So, the amendment was adopted.


Printed Page 1695 . . . . . Monday, March 9, 2009

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the recorded vote on Amendment No. 73 to the Appropriation Bill, H. 3560. If I had been present, I would have voted 'yea' on the Amendment.

Rep. Douglas Jennings, Jr.

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

STATEMENT FOR THE JOURNAL

In reference to accepting the Federal Stimulus monies:
I reluctantly voted to accept the federal stimulus monies available for South Carolina. It would have been my preference not to have accepted these monies as part of our budget, provided that South Carolina citizens could have been exempted from future federal tax increases to repay the debt incurred by the package. This was not the case, however, as our citizens will face the liability of participating in the repayment whether or not the State accepts the monies.

Rep. Dwight Loftis

PART IA

SECTION 1--ADOPTED

Rep. MCLEOD proposed the following Amendment No. 103 (Doc Name h:\legwork\house\amend\H-WM\008\fatherhood final.docx), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 7, immediately after line 33, by inserting a new line to read:

Column 3   Column 4
Fatherhood Program/Families and Fathers Educational Services

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

Rep. WILLIAMS explained the amendment.

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


Printed Page 1696 . . . . . Monday, March 9, 2009

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

Yeas 65; Nays 52

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Cole                   Cooper
Daning                 Duncan                 Edge
Erickson               Forrester              Frye
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Kirsh                  Limehouse
Littlejohn             Loftis                 Long
Millwood               Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scott                  Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stewart                Thompson               Toole
Umphlett               Viers                  White
Whitmire               Willis                 Wylie
A. D. Young            T. R. Young

Total--65

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Bowers                 Branham
Brantley               G. A. Brown            R. L. Brown
Clyburn                Cobb-Hunter            Crawford
Dillard                Funderburk             Gilliard
Govan                  Gunn                   Hart
Harvin                 Hayes                  Hodges
Hosey                  Howard                 Hutto
Jefferson              Jennings               Kennedy

Printed Page 1697 . . . . . Monday, March 9, 2009

King                   Lowe                   Lucas
Mack                   McEachern              McLeod
Merrill                Miller                 Mitchell
Moss                   J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Rutherford             Sellers                J. E. Smith
Stavrinakis            Weeks                  Whipper
Williams

Total--52

So, the amendment was tabled.

Rep. HOSEY proposed the following Amendment No. 63 (Doc Name h:\legwork\house\amend\H-WM\008\ALLENDALE EDUC-ATION.DOCX), which was ruled out of order:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 14, immediately after line 5, by inserting new lines to read:

Column 3   Column 4
Blackville CDC (NR)

500,000       500,000
Allendale High School - Roof (NR)

5,500,000     5,500,000
Allendale High School Track (NR)

450,000       450,000
Construction of new elementary school in Allendale (NR)

24,000,000     24,000,000
Hwy 301 Adult Basic Education and Alternative Learning Center in Allendale - Renovation (NR)

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

Rep. HOSEY explained the amendment.

POINT OF ORDER

Rep. COOPER raised the Point of Order that Amendment No. 63 was out of order under Rule 5.3 (B) in that it affected the appropriations of funds of more than 5 million dollars and that there was no corresponding reduction to cover this expense.


Printed Page 1698 . . . . . Monday, March 9, 2009

SPEAKER HARRELL sustained the Point Order and ruled the amendment out of order.

Section 1 was adopted.

SECTION 2

Section 2 was adopted.

SECTION 3

Section 3 was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BOWERS a leave of absence for the remainder of the day due to a doctor's appointment.

SECTION 5--AMENDED AND ADOPTED

Rep. PARKS proposed the following Amendment No. 81 (Doc Name h:\legwork\house\amend\H-WM\008\JOHN DE LA HOWE ROOF.DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5, JOHN DE LA HOWE SCHOOL, page 27, immediately after line 3, by inserting a new line to read:

Column 3   Column 4
Special Item:
Roof Replacement (NR)

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

Rep. PARKS explained the amendment.
Rep. PINSON spoke in favor of the amendment.

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

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

Yeas 60; Nays 56


Printed Page 1699 . . . . . Monday, March 9, 2009

Those who voted in the affirmative are:
Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Cole                   Cooper
Crawford               Daning                 Delleney
Edge                   Erickson               Forrester
Haley                  Hamilton               Hardwick
Harrell                Harrison               Hearn
Herbkersman            Hiott                  Horne
Huggins                Kelly                  Kirsh
Limehouse              Littlejohn             Long
Lowe                   Lucas                  Millwood
Nanney                 Owens                  Parker
E. H. Pitts            Rice                   Sandifer
Scott                  Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stewart                Thompson               Toole
Umphlett               Viers                  White
Wylie                  A. D. Young            T. R. Young

Total--60

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Bowers                 Branham
Brantley               G. A. Brown            R. L. Brown
Clyburn                Cobb-Hunter            Dillard
Duncan                 Frye                   Funderburk
Gambrell               Gilliard               Govan
Gullick                Gunn                   Hart
Harvin                 Hayes                  Hodges
Hosey                  Howard                 Hutto
Jefferson              Jennings               Kennedy
King                   Mack                   McEachern
McLeod                 Merrill                Miller
Mitchell               Moss                   J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Pinson                 M. A. Pitts

Printed Page 1700 . . . . . Monday, March 9, 2009

Rutherford             Sellers                J. E. Smith
Stavrinakis            Weeks                  Whipper
Williams               Willis

Total--56

So, the amendment was tabled.

Rep. OTT spoke against the Section.

Rep. PARKS proposed the following Amendment No. 173 (Doc Name h:\legwork\house\amend\H-WM\001\jdlh roof 270k.docx), which was adopted:
Amend the bill, as and if amended, Part IA, Section 5, JOHN DE LA HOWE SCHOOL, page 27, immediately after line 3, by inserting a new line to read:

Column 3   Column 4
Special Item:
Roof Replacement (NR)

270,000     270,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COOPER explained the amendment.

The yeas and nays were taken resulting as follows:

Yeas 109; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
G. A. Brown            R. L. Brown            Cato
Chalk                  Cobb-Hunter            Cole
Cooper                 Crawford               Daning
Delleney               Dillard                Duncan
Edge                   Erickson               Forrester
Frye                   Funderburk             Gambrell

Printed Page 1701 . . . . . Monday, March 9, 2009

Gilliard               Govan                  Gullick
Gunn                   Haley                  Hardwick
Harrell                Harrison               Hart
Harvin                 Hayes                  Herbkersman
Hodges                 Horne                  Hosey
Howard                 Huggins                Hutto
Jefferson              Kelly                  King
Kirsh                  Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  Mack                   McEachern
McLeod                 Merrill                Miller
Mitchell               Moss                   Nanney
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parker
Parks                  Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Rutherford
Sandifer               Scott                  Sellers
Simrill                Skelton                D. C. Smith
G. M. Smith            J. E. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Thompson               Toole                  Umphlett
Vick                   Viers                  Weeks
Whipper                White                  Whitmire
Williams               Wylie                  A. D. Young
T. R. Young

Total--109

Those who voted in the negative are:

Total--0

The amendment was then adopted.

Section 5 was adopted.

SECTION 6

Section 6 was adopted.

SECTION 7

Section 7 was adopted.


Printed Page 1702 . . . . . Monday, March 9, 2009

SECTION 8

Section 8 was adopted.

SECTION 9

Section 9 was adopted.

SECTION 10

Section 10 was adopted.

SECTION 11

Section 11 was adopted.

SECTION 12

Section 12 was adopted.

SECTION 13

Section 13 was adopted.

SECTION 14--ADOPTED

Rep. HOSEY proposed the following Amendment No. 75 (Doc Name h:\legwork\house\amend\H-WM\004\SCSDEFERMAIN. DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 14, SOUTH CAROLINA STATE UNIVERSITY, page 46, immediately after line 25, by inserting a new line to read:

Column 3       Column 4
Deferred Maintenance

27,000,000       27,000,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HOSEY explained the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 70; Nays 37


Printed Page 1703 . . . . . Monday, March 9, 2009

Those who voted in the affirmative are:
Allison                Ballentine             Barfield
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Cole                   Cooper
Crawford               Daning                 Delleney
Duncan                 Edge                   Erickson
Forrester              Frye                   Gambrell
Gullick                Gunn                   Haley
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Kirsh                  Limehouse
Littlejohn             Long                   Lowe
Lucas                  Merrill                Millwood
Nanney                 Owens                  Parker
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scott
Sellers                Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Thompson               Toole
Umphlett               Viers                  White
Whitmire               Wylie                  A. D. Young
T. R. Young

Total--70

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Bowers
Branham                Brantley               G. A. Brown
H. B. Brown            R. L. Brown            Clyburn
Dillard                Funderburk             Gilliard
Hodges                 Hosey                  Howard
Hutto                  Jefferson              Jennings
Kennedy                King                   Mack
McEachern              McLeod                 Miller
Mitchell               Moss                   J. H. Neal
Neilson                Parks                  J. E. Smith

Printed Page 1704 . . . . . Monday, March 9, 2009

Vick                   Weeks                  Whipper
Williams

Total--37

So, the amendment was tabled.

Section 14 was adopted.

SECTION 15A

Section 15A was adopted.

SECTION 15B

Section 15B was adopted.

SECTION 15D

Section 15D was adopted.

SECTION 15E

Section 15E was adopted.

SECTION 15F

Section 15F was adopted.

SECTION 15G

Section 15G was adopted.

SECTION 16

Section 16 was adopted.

SECTION 17A

Section 17A was adopted.

SECTION 17B

Section 17B was adopted.

SECTION 18--ADOPTED

Rep. WILLIAMS proposed the following Amendment No. 163 (Doc Name h:\legwork\house\amend\H-WM\004\familiesfath2.docx), which was tabled:


Printed Page 1705 . . . . . Monday, March 9, 2009

Amend the bill, as and if amended, Part IA, Section 18, STATE BOARD FOR TECHNICAL & COMPREHENSIVE EDUCATION, page 74, line 36, by inserting a new line to read:

Column 3   Column 4
Familes and Fathers Educational Services

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

Rep. JEFFERSON explained the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 64; Nays 49

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Cole                   Cooper
Daning                 Delleney               Duncan
Edge                   Erickson               Frye
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Kirsh                  Limehouse
Littlejohn             Loftis                 Lucas
Millwood               Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scott                  Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Thompson               Toole                  Umphlett
Viers                  White                  Whitmire

Printed Page 1706 . . . . . Monday, March 9, 2009

Willis                 Wylie                  A. D. Young
T. R. Young

Total--64

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Battle
Branham                Brantley               H. B. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Crawford               Dillard                Funderburk
Gilliard               Govan                  Gunn
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Howard
Hutto                  Jefferson              Jennings
Kennedy                King                   Lowe
Mack                   McEachern              McLeod
Merrill                Miller                 Mitchell
Moss                   J. H. Neal             Neilson
Ott                    Parks                  Rutherford
Sellers                J. E. Smith            Stavrinakis
Vick                   Weeks                  Whipper
Williams

Total--49

So, the amendment was tabled.

Section 18 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 22--ADOPTED

Rep. HOSEY proposed the following Amendment No. 61 (Doc Name h:\legwork\house\amend\H-WM\009\HEALING SPRINGS .DOCX), which was tabled:


Printed Page 1707 . . . . . Monday, March 9, 2009

Amend the bill, as and if amended, Part IA, Section 22, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 93, immediately after line 21, by inserting a new line to read:

Column 3   Column 4
Blackville Healing Springs Reservoir Restoration - NR

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

Rep. HOSEY explained the amendment.

Rep. EDGE moved to table the amendment.

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

Yeas 64; Nays 44

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Brady
Cato                   Chalk                  Cooper
Crawford               Delleney               Duncan
Edge                   Erickson               Forrester
Frye                   Gambrell               Haley
Hamilton               Hardwick               Harrell
Hearn                  Herbkersman            Hiott
Horne                  Huggins                Kirsh
Limehouse              Littlejohn             Long
Lowe                   Lucas                  Merrill
Millwood               Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scott                  Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Thompson               Umphlett
Viers                  White                  Whitmire

Printed Page 1708 . . . . . Monday, March 9, 2009

Willis                 Wylie                  A. D. Young
T. R. Young

Total--64

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Branham
Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Dillard                Gilliard               Gunn
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Howard
Hutto                  Jefferson              Jennings
Kennedy                King                   Mack
McEachern              Miller                 Mitchell
Moss                   J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Rutherford             Sellers                J. E. Smith
Toole                  Vick                   Weeks
Whipper                Williams

Total--44

So, the amendment was tabled.

Rep. HOSEY proposed the following Amendment No. 57 (Doc Name h:\legwork\house\amend\H-WM\005\ROSEMARY CREEK. DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 22, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 100, immediately after line 5, by inserting a new line to read:

Column 3     Column 4
Rosemary Creek

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

Rep. HOSEY explained the amendment.

Rep. COOPER moved to table the amendment.


Printed Page 1709 . . . . . Monday, March 9, 2009

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

Yeas 68; Nays 41

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Brady
Cato                   Chalk                  Cooper
Crawford               Daning                 Delleney
Duncan                 Edge                   Erickson
Forrester              Frye                   Gambrell
Gullick                Haley                  Hamilton
Hardwick               Harrell                Hearn
Herbkersman            Hiott                  Horne
Huggins                Kirsh                  Limehouse
Littlejohn             Long                   Lowe
Lucas                  Merrill                Millwood
Moss                   Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scott                  Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Thompson               Toole
Umphlett               Viers                  White
Whitmire               Willis                 Wylie
A. D. Young            T. R. Young

Total--68

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Branham
Brantley               G. A. Brown            H. B. Brown
Cobb-Hunter            Dillard                Funderburk
Gilliard               Govan                  Gunn
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Hutto
Jefferson              Jennings               Kennedy
King                   Mack                   McEachern

Printed Page 1710 . . . . . Monday, March 9, 2009

McLeod                 Miller                 Mitchell
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Rutherford
Sellers                J. E. Smith            Vick
Weeks                  Williams

Total--41

So, the amendment was tabled.

Rep. HOSEY proposed the following Amendment No. 58 (Doc Name h:\legwork\house\amend\H-WM\005\HALFORD WASTER WATER.DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 22, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 100, immediately after line 5, by inserting a new line to read:

Column 3     Column 4
Halford Water Pump

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

Rep. HOSEY explained the amendment.

Rep. WHITE moved to table the amendment.

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

Yeas 65; Nays 36

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Brady                  Cato
Chalk                  Cooper                 Crawford
Daning                 Delleney               Duncan
Edge                   Erickson               Frye
Gambrell               Gullick                Haley
Hamilton               Hardwick               Harrell
Hearn                  Herbkersman            Hiott
Huggins                Limehouse              Littlejohn

Printed Page 1711 . . . . . Monday, March 9, 2009

Loftis                 Long                   Lowe
Lucas                  Merrill                Millwood
Moss                   Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Scott                  Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Thompson               Toole
Umphlett               Viers                  White
Whitmire               Willis                 Wylie
A. D. Young            T. R. Young

Total--65

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Branham
Brantley               G. A. Brown            H. B. Brown
Cobb-Hunter            Gilliard               Govan
Hart                   Harvin                 Hodges
Hosey                  Hutto                  Jefferson
Jennings               Kennedy                King
Mack                   McEachern              McLeod
Miller                 Mitchell               J. H. Neal
J. M. Neal             Neilson                Rutherford
Sellers                J. E. Smith            Vick
Weeks                  Whipper                Williams

Total--36

So, the amendment was tabled.

Section 22 was adopted.

SECTION 23--ADOPTED

Reps. PARKS and PINSON proposed the following Amendment No. 114 (Doc Name h:\legwork\house\amend\H-WM\005\ MCCORKMICK DMH - 800K.DOCX), which was tabled:


Printed Page 1712 . . . . . Monday, March 9, 2009

Amend the bill, as and if amended, Part IA, Section 23, DEPARTMENT OF MENTAL HEALTH, page 107, immediately after line 34, by inserting a new line to read:

Column 3     Column 4
McCormick Building

$800,000       $800,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. PARKS explained the amendment.

Rep. EDGE moved to table the amendment.

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

Yeas 66; Nays 42

Those who voted in the affirmative are:

Allison                Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Cole                   Cooper
Crawford               Daning                 Delleney
Duncan                 Edge                   Erickson
Forrester              Frye                   Gambrell
Gullick                Haley                  Hamilton
Hardwick               Harrell                Harrison
Herbkersman            Hiott                  Horne
Huggins                Kelly                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Merrill                Millwood
Moss                   Nanney                 Owens
Parker                 E. H. Pitts            Rice
Sandifer               Scott                  Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Thompson
Toole                  Umphlett               Viers

Printed Page 1713 . . . . . Monday, March 9, 2009

White                  Whitmire               Willis
Wylie                  A. D. Young            T. R. Young

Total--66

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Branham
Brantley               G. A. Brown            H. B. Brown
Clyburn                Cobb-Hunter            Dillard
Funderburk             Gilliard               Govan
Hart                   Harvin                 Hayes
Hodges                 Hosey                  Howard
Hutto                  Jennings               Kennedy
King                   McEachern              McLeod
Miller                 Mitchell               J. H. Neal
J. M. Neal             Ott                    Parks
Pinson                 M. A. Pitts            Rutherford
Sellers                J. E. Smith            Vick
Weeks                  Whipper                Williams

Total--42

So, the amendment was tabled.

Reps. PARKS and PINSON proposed the following Amendment No. 116 (Doc Name h:\legwork\house\amend\H-WM\005\mccormick dmh - 300k.docx), which was tabled:
Amend the bill, as and if amended, Part IA, Section 23, DEPARTMENT OF MENTAL HEALTH, page 107, immediately after line 34, by inserting a new line to read:

Column 3   Column 4
McCormick Building

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

Rep. PARKS explained the amendment.

Rep. EDGE moved to table the amendment.


Printed Page 1714 . . . . . Monday, March 9, 2009

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

Yeas 63; Nays 40

Those who voted in the affirmative are:

Allison                Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Chalk
Cole                   Cooper                 Crawford
Delleney               Edge                   Erickson
Forrester              Frye                   Gambrell
Gullick                Haley                  Hamilton
Hardwick               Harrell                Hearn
Herbkersman            Hiott                  Horne
Huggins                Kelly                  Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Merrill
Millwood               Nanney                 Owens
Parker                 E. H. Pitts            Rice
Sandifer               Scott                  Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Thompson
Toole                  Umphlett               Viers
White                  Whitmire               Willis
Wylie                  A. D. Young            T. R. Young

Total--63

Those who voted in the negative are:

Alexander              Allen                  Anthony
Bales                  Branham                Brantley
G. A. Brown            H. B. Brown            Clyburn
Cobb-Hunter            Dillard                Gilliard
Gunn                   Hart                   Harvin
Hayes                  Hodges                 Hosey
Hutto                  Jefferson              Jennings
King                   Mack                   McEachern
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Parks                  Pinson                 M. A. Pitts

Printed Page 1715 . . . . . Monday, March 9, 2009

Rutherford             Sellers                J. E. Smith
Vick                   Weeks                  Whipper
Williams

Total--40

So, the amendment was tabled.

Section 23 was adopted.

SECTION 24--ADOPTED

Reps. GILLIARD and KING proposed the following Amendment No. 13 (Doc Name h:\legwork\house\amend\H-WM\005\CHILD'S WEB CENTER.DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 24, DEPARTMENT OF DISABILITIES & SPECIAL NEEDS, page 113, immediately after line 5, by inserting a new line to read:

Column 3     Column 4
Child's Web Center

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

Rep. GILLIARD explained the amendment.

Rep. EDGE spoke against the amendment and moved to table the amendment.

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

Yeas 65; Nays 45

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Cole                   Cooper
Crawford               Delleney               Duncan
Edge                   Erickson               Forrester
Frye                   Gambrell               Gullick

Printed Page 1716 . . . . . Monday, March 9, 2009

Haley                  Hamilton               Harrell
Harrison               Hayes                  Hearn
Herbkersman            Hiott                  Horne
Huggins                Kelly                  Limehouse
Littlejohn             Loftis                 Lowe
Lucas                  Merrill                Millwood
Moss                   Nanney                 Owens
Parker                 Pinson                 E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Thompson
Toole                  Viers                  White
Whitmire               Willis                 Wylie
A. D. Young            T. R. Young

Total--65

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Branham
Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Daning                 Dillard                Funderburk
Gilliard               Govan                  Gunn
Hart                   Harvin                 Hodges
Hosey                  Howard                 Hutto
Jefferson              Jennings               Kennedy
King                   Mack                   McEachern
McLeod                 Miller                 Mitchell
J. H. Neal             J. M. Neal             Ott
Parks                  Rutherford             Scott
J. E. Smith            Stavrinakis            Umphlett
Vick                   Whipper                Williams

Total--45

So, the amendment was tabled.

Section 24 was adopted.


Printed Page 1717 . . . . . Monday, March 9, 2009

SECTION 25

Section 25 was adopted.

SECTION 26--ADOPTED

Rep. HOSEY proposed the following Amendment No. 56 (Doc Name h:\legwork\house\amend\H-WM\005\ALLENDALE DSS BUILDING.DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 127, immediately after line 16, by inserting a new line to read:

Column 3     Column 4
Allendale DSS Building

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

Rep. HOSEY explained the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 64; Nays 37

Those who voted in the affirmative are:

Allison                Ballentine             Barfield
Battle                 Bedingfield            Bingham
Bowen                  Cato                   Chalk
Cole                   Cooper                 Crawford
Delleney               Duncan                 Edge
Forrester              Frye                   Gambrell
Haley                  Hamilton               Hardwick
Harrell                Hayes                  Hearn
Herbkersman            Hiott                  Horne
Huggins                Kelly                  Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Millwood
Moss                   Nanney                 Owens
Parker                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scott

Printed Page 1718 . . . . . Monday, March 9, 2009

Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Thompson               Toole                  Umphlett
Viers                  White                  Whitmire
Willis                 Wylie                  A. D. Young
T. R. Young

Total--64

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Branham
Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Cobb-Hunter            Dillard
Funderburk             Gilliard               Gunn
Harvin                 Hodges                 Hosey
Hutto                  Jefferson              Jennings
King                   Mack                   McEachern
McLeod                 Miller                 Mitchell
J. H. Neal             J. M. Neal             Ott
Parks                  Rutherford             Sellers
Vick                   Weeks                  Whipper
Williams

Total--37

So, the amendment was tabled.

Rep. SKELTON proposed the following Amendment No. 183 (Doc Name h:\legwork\house\amend\H-WM\001\preg prev.docx) which was tabled:
Amend the bill, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 126, lines 3-4, opposite /Continuation Teen Pregnancy Prevention/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

1,200,000   1,200,000
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 1719 . . . . . Monday, March 9, 2009

Rep. SKELTON explained the amendment.
Rep. LOFTIS spoke against the amendment.

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

Rep. SKELTON proposed the following Amendment No. 160 (Doc Name h:\legwork\house\amend\H-WM\005\PREGNANCY PREVEN-TION DECREASE.DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 126, lines 3-4, opposite /Continuation Teen Pregnancy Prevention/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

400,000     400,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SKELTON explained the amendment.

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

Rep. DILLARD proposed the following Amendment No. 16 (Doc Name h:\legwork\house\amend\H-WM\005\FATHERHOOD.DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 26, DEPARTMENT OF SOCIAL SERVICES, page 126, immediately after line 34, by inserting a new line to read:

Column 3     Column 4
Fatherhood Program

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

Rep. WILLIAMS explained the amendment.

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

Section 26 was adopted.

SECTION 29

Section 29 was adopted.


Printed Page 1720 . . . . . Monday, March 9, 2009

SECTION 30

Section 30 was adopted.

SECTION 31

Section 31 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 36--ADOPTED

Reps. GOVAN and KING proposed the following Amendment No. 98 (Doc Name h:\legwork\house\amend\H-WM\009\SC STATE PSA FULL.DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 36, SOUTH CAROLINA STATE UNIVERSITY-PUBLIC SERVICE ACTIVITIES, page 154, line 24, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3     Column 4

687,747       687,747
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.
Rep. LUCAS spoke against the amendment.

Rep. LUCAS moved to table the amendment.

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

Yeas 69; Nays 40

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Brady
Cato                   Chalk                  Cole
Cooper                 Crawford               Daning
Delleney               Duncan                 Erickson
Forrester              Frye                   Gambrell
Gullick                Haley                  Hamilton

Printed Page 1721 . . . . . Monday, March 9, 2009

Hardwick               Harrell                Harrison
Hearn                  Herbkersman            Hiott
Horne                  Huggins                Kelly
Limehouse              Littlejohn             Loftis
Long                   Lowe                   Lucas
Merrill                Millwood               Moss
Nanney                 Owens                  Parker
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scott
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Thompson
Toole                  Umphlett               Viers
White                  Whitmire               Willis
Wylie                  A. D. Young            T. R. Young

Total--69

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Branham                H. B. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Dillard                Funderburk             Gilliard
Govan                  Gunn                   Hart
Harvin                 Hodges                 Hosey
Howard                 Hutto                  Jefferson
Jennings               Kennedy                King
Mack                   McEachern              McLeod
Miller                 Mitchell               J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rutherford             Sellers
J. E. Smith            Weeks                  Whipper
Williams

Total--40

So, the amendment was tabled.

Reps. KING and GOVAN proposed the following Amendment No. 72 (Doc Name h:\legwork\house\amend\H-WM\009\SCS PSA REDUCTION.DOCX), which was tabled:


Printed Page 1722 . . . . . Monday, March 9, 2009

Amend the bill, as and if amended, Part IA, Section 36, SOUTH CAROLINA STATE UNIVERSITY-PUBLIC SERVICE ACTIVITIES, page 154, line 24, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3     Column 4

441,066       441,066
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KING explained the amendment.

Rep. LUCAS moved to table the amendment.

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

Yeas 67; Nays 33

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Cole                   Cooper
Crawford               Daning                 Delleney
Duncan                 Erickson               Forrester
Frye                   Gambrell               Gullick
Haley                  Hamilton               Hardwick
Harrell                Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Hutto                  Kelly                  Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Merrill
Millwood               Moss                   Nanney
Owens                  Parker                 Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scott                  Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Thompson
Toole                  Umphlett               White

Printed Page 1723 . . . . . Monday, March 9, 2009

Willis                 Wylie                  A. D. Young
T. R. Young

Total--67

Those who voted in the negative are:

Anderson               Anthony                Bales
Branham                H. B. Brown            R. L. Brown
Clyburn                Cobb-Hunter            Dillard
Funderburk             Govan                  Hart
Harvin                 Hodges                 Hosey
Howard                 Jefferson              Kennedy
King                   Mack                   McEachern
McLeod                 Miller                 Mitchell
J. H. Neal             Ott                    Parks
Rutherford             Sellers                J. E. Smith
Vick                   Weeks                  Williams

Total--33

So, the amendment was tabled.

Section 36 was adopted.

SECTION 39--ADOPTED

Rep. SANDIFER proposed the following Amendment No. 111 (Doc Name h:\legwork\house\amend\H-WM\001\PRTSALARYSANDIFER. DOCX), which was rejected:
Amend the bill, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 168, line 4, opposite /director/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

100,504     100,504
Amend the bill further, as and if amended, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 170, line 14, opposite /classified positions/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

100,504     100,504


Printed Page 1724 . . . . . Monday, March 9, 2009

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

Rep. SANDIFER explained the amendment.

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

Yeas 26; Nays 74

Those who voted in the affirmative are:

Bedingfield            Bowen                  Brady
Branham                H. B. Brown            Cato
Delleney               Forrester              Frye
Gullick                Howard                 Kelly
Littlejohn             Loftis                 Merrill
Miller                 Nanney                 Parker
Rice                   Rutherford             Sandifer
Stavrinakis            Umphlett               Vick
Whitmire               A. D. Young

Total--26

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Ballentine             Bannister
Barfield               Battle                 Bingham
R. L. Brown            Chalk                  Clyburn
Cobb-Hunter            Cole                   Cooper
Crawford               Daning                 Dillard
Duncan                 Erickson               Funderburk
Gilliard               Govan                  Haley
Hamilton               Harrell                Harvin
Hayes                  Hearn                  Herbkersman
Hiott                  Hodges                 Horne
Hosey                  Huggins                Hutto
Jefferson              Jennings               King
Limehouse              Lowe                   Lucas
Mack                   McEachern              McLeod
Millwood               Mitchell               Moss
Ott                    Owens                  Parks
Pinson                 E. H. Pitts            M. A. Pitts

Printed Page 1725 . . . . . Monday, March 9, 2009

Scott                  Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stewart                Thompson
Toole                  Viers                  Weeks
Whipper                Williams               Willis
Wylie                  T. R. Young

Total--74

So, the amendment was rejected.

Rep. HOSEY proposed the following Amendment No. 59 (Doc Name h:\legwork\house\amend\H-WM\009\COMMUNITY HUT. DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 39, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 169, immediately after line 18, by inserting a new line to read:

Column 3   Column 4
Fairfax Community Hut Resoration - NR

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

Rep. HOSEY explained the amendment.

Rep. WHITE moved to table the amendment.

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

Yeas 70; Nays 37

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Brady
Cato                   Chalk                  Cole
Cooper                 Crawford               Daning
Delleney               Duncan                 Erickson
Forrester              Frye                   Gambrell
Gullick                Haley                  Hamilton

Printed Page 1726 . . . . . Monday, March 9, 2009

Hardwick               Harrell                Hayes
Hearn                  Herbkersman            Hiott
Horne                  Huggins                Kelly
Limehouse              Littlejohn             Loftis
Long                   Lowe                   Lucas
Merrill                Millwood               Nanney
Owens                  Parker                 Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scott                  Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stewart
Thompson               Toole                  Umphlett
Viers                  White                  Whitmire
Willis                 Wylie                  A. D. Young
T. R. Young

Total--70

Those who voted in the negative are:

Alexander              Allen                  Anderson
Anthony                Bales                  Branham
H. B. Brown            R. L. Brown            Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Govan                  Gunn
Hart                   Hodges                 Hosey
Howard                 Hutto                  Jefferson
Jennings               King                   Mack
McEachern              McLeod                 Miller
Mitchell               Moss                   J. H. Neal
J. M. Neal             Ott                    Sellers
J. E. Smith            Vick                   Weeks
Williams

Total--37

So, the amendment was tabled.

Section 39 was adopted.


Printed Page 1727 . . . . . Monday, March 9, 2009

SECTION 40--ADOPTED

Rep. SANDIFER proposed the following Amendment No. 150 (Doc Name h:\legwork\house\amend\H-WM\001\commerce salary sandifer.docx), which was tabled:
Amend the bill, as and if amended, Part IA, Section 40, DEPARTMENT OF COMMERCE, page 173, line 4, opposite /director/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

140,000     140,000
Amend the bill further, as and if amended, Section 40, DEPARTMENT OF COMMERCE, page 175, line 1, opposite /other operating expenses/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

140,000     140,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SANDIFER explained the amendment.

Rep. SANDIFER moved to table the amendment.

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

Yeas 104; Nays 2

Those who voted in the affirmative are:

Alexander              Allen                  Allison
Anderson               Anthony                Bales
Ballentine             Barfield               Battle
Bedingfield            Bingham                Bowen
Brady                  Branham                H. B. Brown
R. L. Brown            Cato                   Chalk
Clyburn                Cobb-Hunter            Cooper
Crawford               Daning                 Delleney
Dillard                Duncan                 Edge
Erickson               Forrester              Frye
Funderburk             Gambrell               Gilliard
Haley                  Hamilton               Hardwick
Harrell                Harrison               Harvin

Printed Page 1728 . . . . . Monday, March 9, 2009

Hayes                  Hearn                  Herbkersman
Hiott                  Hodges                 Horne
Hosey                  Huggins                Hutto
Jefferson              Jennings               Kennedy
King                   Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  Mack                   McEachern
McLeod                 Merrill                Miller
Millwood               Mitchell               Moss
Nanney                 J. H. Neal             J. M. Neal
Neilson                Owens                  Parker
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Rutherford             Sandifer
Scott                  Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stewart
Thompson               Toole                  Umphlett
Vick                   Viers                  Weeks
Whipper                White                  Whitmire
Williams               Willis                 Wylie
A. D. Young            T. R. Young

Total--104

Those who voted in the negative are:

Gullick                Kelly

Total--2

So, the amendment was tabled.

Rep. WHIPPER proposed the following Amendment No. 170 (Doc Name h:\legwork\house\amend\H-WM\003\COM REDUCTION. DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 40, DEPARTMENT OF COMMERCE, page 175, line 21, opposite /Bus. Devel. Mktg./ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

1,000,000   1,000,000


Printed Page 1729 . . . . . Monday, March 9, 2009

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

Rep. WHIPPER explained the amendment.

Rep. LUCAS moved to table the amendment.

The amendment was then tabled by a division vote of 56 to 29.

Rep. SELLERS spoke upon the Section.

Section 40 was adopted.

SECTION 43

Section 43 was adopted.

SECTION 44--ADOPTED

Rep. WHIPPER proposed the following Amendment No. 169 (Doc Name h:\legwork\house\amend\H-WM\003\DIVERSIONPROGRAM. DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 44, JUDICIAL DEPARTMENT, page 184, immediately after line 25, by inserting a new line to read:

Column 3     Column 4
Special Diversion Program
1,000,000     1,000,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. WHIPPER explained the amendment.

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

Rep. WILLIAMS proposed the following Amendment No. 24 (Doc Name h:\legwork\house\amend\H-WM\003\FATHERHOOD.DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 44, JUDICIAL DEPARTMENT, page 185, immediately after line 16, by inserting a new line to read:


Printed Page 1730 . . . . . Monday, March 9, 2009

Column 3     Column 4
Fatherhood Program NR

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

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

Section 44 was adopted.

SECTION 45--ADOPTED

Rep. SIMRILL proposed the following Amendment No. 191 (Doc Name h:\legwork\house\amend\H-WM\003\WATERLITIGLINE. DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 45, ATTORNEY GENERAL'S OFFICE, page 187, immediately after line 26, by inserting a new line to read:

Column 3   Column 4
Water Litigation
NR   250,000       0
Renumber sections to conform.
Amend totals and titles to conform.

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

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

The question then recurred to the adoption of the Section.

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

Yeas 93; Nays 2

Those who voted in the affirmative are:

Allen                  Allison                Anderson
Anthony                Bales                  Ballentine
Bannister              Battle                 Bedingfield

Printed Page 1731 . . . . . Monday, March 9, 2009

Bingham                Bowen                  Brady
G. A. Brown            R. L. Brown            Cato
Chalk                  Clyburn                Cobb-Hunter
Cole                   Cooper                 Crawford
Daning                 Delleney               Dillard
Duncan                 Erickson               Frye
Funderburk             Gambrell               Govan
Gullick                Haley                  Hamilton
Hardwick               Harrell                Harrison
Harvin                 Hayes                  Herbkersman
Hiott                  Hodges                 Horne
Hosey                  Huggins                Hutto
Jefferson              Kelly                  Littlejohn
Long                   Lowe                   Lucas
Mack                   McEachern              McLeod
Merrill                Miller                 Millwood
Mitchell               Moss                   Nanney
J. H. Neal             Neilson                Ott
Owens                  Parker                 Parks
Pinson                 M. A. Pitts            Rice
Rutherford             Sandifer               Sellers
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Spires                 Stavrinakis            Stewart
Thompson               Toole                  Umphlett
Vick                   Weeks                  Whipper
White                  Whitmire               Willis
Wylie                  A. D. Young            T. R. Young

Total--93

Those who voted in the negative are:

King                   Williams

Total--2

Section 45 was adopted.

SECTION 46

Section 46 was adopted.


Printed Page 1732 . . . . . Monday, March 9, 2009

SECTION 47

Section 47 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 51

Section 51 was adopted.

SECTION 52

Section 52 was adopted.

SECTION 53

Section 53 was adopted.

SECTION 54

Section 54 was adopted.

SECTION 55

Section 55 was adopted.

SECTION 57

Section 57 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 67

Section 67 was adopted.

SECTION 68A

Section 68A was adopted.

SECTION 68B

Section 68B was adopted.

SECTION 68C

Section 68C was adopted.


Printed Page 1733 . . . . . Monday, March 9, 2009

SECTION 71

Section 71 was adopted.

SECTION 72A

Section 72A was adopted.

SECTION 72B

Section 72B was adopted.

SECTION 72C

Section 72C was adopted.

SECTION 74

Section 74 was adopted.

SECTION 75

Section 75 was adopted.

SECTION 77

Section 77 was adopted.

SECTION 78

Section 78 was adopted.

SECTION 80A--ADOPTED

Rep. HART spoke upon the Section.

Section 80A was adopted.

SECTION 80C

Section 80C was adopted.

SECTION 81

Section 81 was adopted.

SECTION 82

Section 82 was adopted.

SECTION 84

Section 84 was adopted.


Printed Page 1734 . . . . . Monday, March 9, 2009

SECTION 85--ADOPTED

Reps. HARVIN and MCLEOD proposed the following Amendment No. 175 (Doc Name h:\legwork\house\amend\H-WM\007\TREAS AND AUD.DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 85, AID TO SUBDIVISIONS-COMPTROLLER GENERAL, page 313, line 10, opposite /aid cnty-auditors/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

98,670

Amend the bill further, as and if amended, Section 85, AID TO SUBDIVISIONS-COMPTROLLER GENERAL, page 313, line 11, opposite /aid cnty-treasurers/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

98,669
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HARVIN explained the amendment.

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

Section 85 was adopted.

SECTION 86--AMENDED AND ADOPTED

Reps. COOPER and WHITE proposed the following Amendment No. 2 (Doc Name h:\legwork\house\amend\H-WM\001\LGF 05-06 LEVEL.DOCX), which was adopted:
Amend the bill, as and if amended, Part IA, Section 86, AID TO SUBDIVISIONS-STATE TREASURER, page 314, line 03, opposite /aid - local gov't fund/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3       Column 4

72,445,011       72,445,011
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COOPER explained the amendment.


Printed Page 1735 . . . . . Monday, March 9, 2009

Rep. OTT spoke against the amendment.
Rep. OTT spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 82; Nays 30

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Branham
R. L. Brown            Cato                   Chalk
Cole                   Cooper                 Crawford
Daning                 Delleney               Duncan
Edge                   Erickson               Forrester
Frye                   Gambrell               Haley
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Hayes
Hearn                  Herbkersman            Hiott
Horne                  Huggins                Hutto
Kelly                  Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  Merrill                Miller
Millwood               Moss                   Nanney
J. M. Neal             Owens                  Parker
Pinson                 E. H. Pitts            M. A. Pitts
Rice                   Sandifer               Scott
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stewart                Thompson               Toole
Umphlett               Vick                   Viers
Weeks                  White                  Whitmire
Willis                 Wylie                  A. D. Young
T. R. Young

Total--82


Printed Page 1736 . . . . . Monday, March 9, 2009

Those who voted in the negative are:
Allen                  Anderson               Bales
G. A. Brown            Clyburn                Cobb-Hunter
Dillard                Funderburk             Gilliard
Govan                  Gunn                   Hart
Hodges                 Hosey                  Jefferson
Jennings               Kennedy                King
Mack                   McEachern              McLeod
Mitchell               J. H. Neal             Ott
Parks                  Rutherford             Sellers
J. E. Smith            Whipper                Williams

Total--30

So, the amendment was adopted.

LEAVE OF ABSENCE

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

Rep. HOSEY proposed the following Amendment No. 108 (Doc Name h:\legwork\house\amend\H-WM\006\ALLENDALE COUNTY REST.DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 86, AID TO SUBDIVISIONS-STATE TREASURER, page 314, immediately after line 5, by inserting a new line to read:

Column 3     Column 4
Allendale County Restoration - NR

283,539       283,539
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HOSEY explained the amendment.

Rep. WHITE moved to table the amendment.

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

Yeas 63; Nays 27


Printed Page 1737 . . . . . Monday, March 9, 2009

Those who voted in the affirmative are:
Allison                Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Cole                   Cooper
Crawford               Daning                 Delleney
Duncan                 Erickson               Forrester
Frye                   Gambrell               Haley
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Loftis                 Long
Lowe                   Lucas                  Millwood
Moss                   Nanney                 Parker
E. H. Pitts            M. A. Pitts            Rice
Rutherford             Sandifer               Scott
Simrill                Skelton                D. C. Smith
G. R. Smith            J. R. Smith            Spires
Stavrinakis            Stewart                Thompson
Toole                  Umphlett               Viers
White                  Whitmire               Willis
Wylie                  A. D. Young            T. R. Young

Total--63

Those who voted in the negative are:

Anderson               Bales                  Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Govan                  Gunn
Harvin                 Hodges                 Hosey
Hutto                  Jefferson              Jennings
Kennedy                King                   Mack
McEachern              Miller                 Mitchell
Ott                    Parks                  J. E. Smith
Vick                   Weeks                  Williams

Total--27

So, the amendment was tabled.


Printed Page 1738 . . . . . Monday, March 9, 2009

HOUSE STANDS AT EASE

The House stood at ease, subject to the call of the Chair.

THE HOUSE RESUMES

At 7:15 p.m. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

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

SECTION 86

Debate was resumed on Section 86, the pending question being the adoption of the Section.

Section 86 was adopted.

SECTION 86A

Section 86A was adopted.

PART IB

SECTION 1--AMENDED AND ADOPTED

Rep. J. R. SMITH proposed the following Amendment No. 30 (h:\amend\h-wm\008\fiscal year reference update for 1 43.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 338, paragraph 1.43, line 27, by striking /2008-2009/ and inserting /2009-2010/
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

Rep. J. E. SMITH proposed the following Amendment No. 193 (Doc Name h:\legwork\house\amend\H-WM\001\NTL BD ONE CYCLE. DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 339, paragraph 1.48, lines 12-13, by striking: / The $7,500 salary supplement shall only be paid for the initial ten-year certification. /


Printed Page 1739 . . . . . Monday, March 9, 2009

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 33; Nays 58

Those who voted in the affirmative are:

Bannister              Barfield               Bedingfield
Cato                   Chalk                  Cooper
Crawford               Daning                 Delleney
Edge                   Erickson               Frye
Hamilton               Hardwick               Hiott
Horne                  Limehouse              Littlejohn
Merrill                Millwood               Nanney
E. H. Pitts            M. A. Pitts            Sandifer
Scott                  G. R. Smith            J. R. Smith
Sottile                Spires                 Stewart
Umphlett               White                  A. D. Young

Total--33

Those who voted in the negative are:

Allison                Anthony                Bales
Ballentine             Bingham                Bowen
Branham                G. A. Brown            R. L. Brown
Clyburn                Cole                   Dillard
Duncan                 Funderburk             Gilliard
Govan                  Gunn                   Haley
Harrell                Harvin                 Hayes
Hodges                 Hosey                  Huggins
Hutto                  Jefferson              Jennings
Kennedy                King                   Long
Lowe                   Lucas                  McEachern
McLeod                 Miller                 Mitchell
Moss                   J. H. Neal             J. M. Neal
Owens                  Parker                 Rice

Printed Page 1740 . . . . . Monday, March 9, 2009

Sellers                Simrill                D. C. Smith
G. M. Smith            J. E. Smith            Stavrinakis
Thompson               Toole                  Vick
Viers                  Weeks                  Whipper
Williams               Willis                 Wylie
T. R. Young

Total--58

So, the House refused to table the amendment.

Rep. COOPER spoke against the amendment.

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Section 1.48 was out of order in that it was not germane to the Bill as it related to future budgets for the next ten years.
SPEAKER HARRELL stated that Section 1.48 did relate to the current year and subsequent years. He stated further that a Member could not raise a "line item" point of order on a sentence or phrase located within a paragraph of a Part IB proviso. He, therefore, overruled the Point of Order.

Rep. COOPER continued speaking.
Rep. STAVRINAKIS spoke in favor of the amendment.
Rep. J. R. SMITH spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 67; Nays 42

Those who voted in the affirmative are:

Alexander              Allen                  Allison
Anthony                Bales                  Ballentine
Bowen                  Brady                  Branham
G. A. Brown            H. B. Brown            R. L. Brown
Clyburn                Cobb-Hunter            Cole
Delleney               Dillard                Edge
Forrester              Funderburk             Gilliard

Printed Page 1741 . . . . . Monday, March 9, 2009

Govan                  Gunn                   Haley
Hardwick               Harrell                Harrison
Hart                   Harvin                 Hayes
Hearn                  Hodges                 Hosey
Howard                 Huggins                Hutto
Jefferson              Jennings               Kennedy
King                   Long                   Lowe
Mack                   McEachern              McLeod
Miller                 Millwood               Mitchell
Moss                   J. H. Neal             Ott
Parks                  Rice                   Scott
Sellers                Simrill                Skelton
G. M. Smith            J. E. Smith            Stavrinakis
Thompson               Vick                   Weeks
Whipper                Williams               Wylie
T. R. Young

Total--67

Those who voted in the negative are:

Bannister              Barfield               Battle
Bedingfield            Bingham                Cato
Chalk                  Cooper                 Crawford
Daning                 Duncan                 Erickson
Frye                   Gambrell               Hamilton
Hiott                  Horne                  Kelly
Limehouse              Littlejohn             Loftis
Merrill                Nanney                 J. M. Neal
Neilson                Owens                  Parker
E. H. Pitts            M. A. Pitts            Sandifer
D. C. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stewart
Toole                  Umphlett               Viers
White                  Willis                 A. D. Young

Total--42

So, the amendment was adopted.


Printed Page 1742 . . . . . Monday, March 9, 2009

Reps. J. R. SMITH and WHITE proposed the following Amendment No. 197 (Doc Name h:\legwork\house\amend\H-WM\008\RTF LANG CHANGE FINAL.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 351, paragraph 1.77, line 12, by striking /may choose to/ and inserting /must/
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 351, paragraph 1.77, line 13, by striking /either at a facility school district school or/ and after /at the RTF's facility/ by inserting,provided that the RTF facility provides and maintains adequate space for the educational programs and services consistent with the least restrictive environment requirements./
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 351, paragraph 1.77, line 20, by inserting after /contracting with the RTF/
/ provided that the RTF agrees /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. R. SMITH explained the amendment.
The amendment was then adopted.

Rep. R. L. BROWN proposed the following Amendment No. 17 (Doc Name h:\legwork\house\amend\H-WM\003\SDE TRANS-PARENCY.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 352, after line 11, by adding an appropriately numbered paragraph to read:
/ 1. (SDE: Transparency) The department must publish on its' homepage a listing of all programs funded during the current fiscal year with Federal Stimulus Funds to include program name, location, starting date, funding level and contact person with telephone number. this listing must be updated monthly to allow the public to easily identify how these funds are being used./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. R. L. BROWN explained the amendment.


Printed Page 1743 . . . . . Monday, March 9, 2009

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

Yeas 109; Nays 1

Those who voted in the affirmative are:

Alexander              Allen                  Allison
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Brady                  Branham                G. A. Brown
H. B. Brown            R. L. Brown            Cato
Chalk                  Clyburn                Cobb-Hunter
Cole                   Cooper                 Crawford
Daning                 Delleney               Dillard
Duncan                 Edge                   Erickson
Forrester              Frye                   Funderburk
Gambrell               Gilliard               Govan
Gunn                   Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Harvin                 Hayes
Hearn                  Herbkersman            Hiott
Hodges                 Horne                  Hosey
Howard                 Huggins                Hutto
Jefferson              Jennings               Kelly
Kennedy                King                   Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Mack
McEachern              McLeod                 Miller
Millwood               Mitchell               Moss
Nanney                 J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parker                 Parks                  E. H. Pitts
M. A. Pitts            Rice                   Sandifer
Sellers                Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Thompson
Toole                  Umphlett               Vick
Viers                  Weeks                  Whipper
White                  Whitmire               Williams

Printed Page 1744 . . . . . Monday, March 9, 2009

Willis                 Wylie                  A. D. Young
T. R. Young

Total--109

Those who voted in the negative are:

Stewart

Total--1

So, the amendment was adopted.

AMENDMENT NO. 193--MOTION TO RECONSIDER TABLED

Rep. J. E. SMITH moved to reconsider the vote whereby Amendment No. 193 was adopted.

Rep. J. E. SMITH moved to table the motion to reconsider.

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

Yeas 77; Nays 34

Those who voted in the affirmative are:

Alexander              Allen                  Allison
Anthony                Bales                  Ballentine
Battle                 Bowen                  Brady
Branham                G. A. Brown            H. B. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Cole                   Delleney               Dillard
Duncan                 Erickson               Forrester
Funderburk             Gilliard               Govan
Gunn                   Haley                  Hardwick
Harrell                Harrison               Hart
Harvin                 Hayes                  Hearn
Herbkersman            Hodges                 Horne
Hosey                  Howard                 Huggins
Hutto                  Jefferson              Jennings
Kelly                  Kennedy                King
Long                   Lowe                   Lucas

Printed Page 1745 . . . . . Monday, March 9, 2009

Mack                   McEachern              McLeod
Miller                 Millwood               Mitchell
Moss                   J. H. Neal             J. M. Neal
Neilson                Ott                    Parker
Parks                  Rice                   Scott
Sellers                Simrill                Skelton
G. M. Smith            J. E. Smith            Stavrinakis
Thompson               Vick                   Weeks
Whipper                Whitmire               Williams
Wylie                  T. R. Young

Total--77

Those who voted in the negative are:

Bannister              Barfield               Bedingfield
Bingham                Cato                   Chalk
Cooper                 Crawford               Daning
Frye                   Gambrell               Hamilton
Hiott                  Limehouse              Littlejohn
Loftis                 Merrill                Nanney
Owens                  E. H. Pitts            M. A. Pitts
Sandifer               D. C. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stewart                Toole                  Umphlett
Viers                  White                  Willis
A. D. Young

Total--34

So, the motion to reconsider was tabled.

Rep. HALEY proposed the following Amendment No. 134 (Doc Name h:\legwork\house\amend\H-WM\001\SDE NOT USE ARRA FOR DPT ADM HALEY.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 352, after line 10, by adding an appropriately numbered paragraph to read:
/ (SDE: Prohibit Use of ARRA for Administration) The department is prohibited from using funds received from the American Recovery and Reinvestment Act of 2009 for state department administrative


Printed Page 1746 . . . . . Monday, March 9, 2009

purposes. The department shall provide to the General Assembly a list of federal stimulus expenditures./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HALEY explained the amendment.

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

Yeas 107; Nays 0

Those who voted in the affirmative are:

Alexander              Allen                  Allison
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Brady                  Branham                G. A. Brown
H. B. Brown            R. L. Brown            Cato
Chalk                  Cole                   Cooper
Crawford               Daning                 Delleney
Dillard                Duncan                 Edge
Erickson               Forrester              Frye
Funderburk             Gambrell               Gilliard
Govan                  Gunn                   Haley
Hamilton               Hardwick               Harrell
Harrison               Hart                   Harvin
Hayes                  Hearn                  Herbkersman
Hiott                  Hodges                 Horne
Hosey                  Huggins                Hutto
Jefferson              Jennings               Kelly
King                   Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  Mack                   McEachern
McLeod                 Merrill                Miller
Millwood               Mitchell               Moss
Nanney                 J. H. Neal             J. M. Neal
Neilson                Ott                    Owens
Parker                 Parks                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scott                  Sellers
Simrill                Skelton                D. C. Smith

Printed Page 1747 . . . . . Monday, March 9, 2009

G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Thompson               Toole
Umphlett               Vick                   Viers
Weeks                  White                  Whitmire
Williams               Willis                 Wylie
A. D. Young            T. R. Young

Total--107

Those who voted in the negative are:

Total--0

So, the amendment was adopted.

Rep. HALEY proposed the following Amendment No. 130 (Doc Name h:\legwork\house\amend\H-WM\001\ARRA NR ONLY HALEY.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 352, after line 10, by adding an appropriately numbered paragraph to read:
/ (SDE: Limit A.R.R.A. Funds to Non-Recurring Purposes) The Department of Education is prohibited from using funds received from the American Recovery and Reinvestment Act of 2009 for recurring budgetary items and such funds shall only be used for non-recurring purposes. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HALEY explained the amendment.

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

Rep. HALEY proposed the following Amendment No. 132 (Doc Name h:\legwork\house\amend\H-WM\001\sde arra nr only possible haley.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 352, after line 10, by adding an appropriately numbered paragraph to read:


Printed Page 1748 . . . . . Monday, March 9, 2009

/ (SDE: Use A.R.R.A. Funds for Non-Recurring Purposes) The Department of Education is directed, to the extent possible, to use funds received from the American Recovery and Reinvestment Act of 2009 for non-recurring purposes. The department shall provide to the General Assembly a list of federal stimulus expenditures./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. HALEY explained the amendment.
Rep. J. R. SMITH spoke against the amendment.

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

Rep. SELLERS proposed the following Amendment No. 158 (Doc Name h:\legwork\house\amend\H-WM\008\POVERTYWEIGHT-ING.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 352, after line 10, by adding an appropriately numbered paragraph to read:
/ (SDE: Education Finance Act Poverty Weighting) There is created within the Education Finance Act of Chapter 20, Title 59 an add-on weighting for poverty that has the value of .20. Poverty is defined as children eligible for the Federal free and reduced price lunch program. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SELLERS explained the amendment.

POINT OF ORDER

Rep. CHALK raised the Point of Order that Amendment No. 158 was out of order in that it attempted to make a change to permanent law.
SPEAKER HARRELL stated that the Amendment was appropriate in its attempt to change permanent law and he overruled the Point of Order.

Rep. SELLERS spoke in favor of the amendment.


Printed Page 1749 . . . . . Monday, March 9, 2009

POINT OF ORDER

Rep. CRAWFORD raised the Point of Order that Amendment No. 158 was out of order under Rule 5.3 (B) in that it affected the appropriations of funds exceeding five million dollars and that there was no corresponding resources to cover the additional expenses.
SPEAKER HARRELL stated that the amendment did not increase funding, it only reallocated funds for the same purpose and he overruled the Point of Order.

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

SPEAKER PRO TEMPORE IN CHAIR

Rep. SELLERS continued speaking.
Rep. DUNCAN spoke against the amendment.
Rep. SKELTON spoke against the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. DUNCAN spoke against the amendment.
Rep. KENNEDY spoke in favor of the amendment.
Rep. MACK spoke in favor of the amendment.
Rep. J. H. NEAL spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. J. H. NEAL continued speaking.
Rep. OTT spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 66; Nays 46

Those who voted in the affirmative are:

Allison                Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Cole                   Cooper                 Crawford

Printed Page 1750 . . . . . Monday, March 9, 2009

Daning                 Delleney               Duncan
Edge                   Erickson               Forrester
Frye                   Gambrell               Haley
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Limehouse              Loftis
Long                   Lowe                   Lucas
Merrill                Millwood               Nanney
Owens                  Parker                 Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scott                  Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stewart                Thompson
Toole                  Umphlett               Viers
White                  Whitmire               Willis
Wylie                  A. D. Young            T. R. Young

Total--66

Those who voted in the negative are:

Alexander              Allen                  Anthony
Bales                  Ballentine             Battle
Branham                H. B. Brown            R. L. Brown
Clyburn                Cobb-Hunter            Dillard
Funderburk             Gilliard               Govan
Gunn                   Hart                   Harvin
Hayes                  Hodges                 Hosey
Howard                 Hutto                  Jefferson
Jennings               Kennedy                King
Littlejohn             Mack                   McEachern
McLeod                 Miller                 Mitchell
Moss                   J. H. Neal             J. M. Neal
Neilson                Ott                    Parks
Rutherford             Sellers                J. E. Smith
Stavrinakis            Vick                   Whipper
Williams

Total--46


Printed Page 1751 . . . . . Monday, March 9, 2009

So, the amendment was tabled.

Reps. BINGHAM and COOPER proposed the following Amendment No. 184 (Doc Name h:\legwork\house\amend\H-WM\008\governor's schools and scsdb flexibility.docx) which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 352, after line 10, by adding an appropriately numbered paragraph to read:
/(SDE: Governor's Schools and South Carolina School for the Deaf and Blind Flexibility) For fiscal year 2009-10 The Governor's School for Math and Science, the Governor's School for the Arts and the Humanities and the South Carolina School for the Deaf and Blind are authorized to transfer funds among funding categories, including capital funds./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. BINGHAM and COOPER proposed the following Amendment No. 185 (Doc Name h:\legwork\house\amend\H-WM\008\governor's schools and scsdb bsc.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 352, after line 10, by adding an appropriately numbered paragraph to read:
/(SDE: Governor's Schools and South Carolina School for the Deaf and Blind BSC) For fiscal year 2009-10 the department is directed to transfer the appropriately weighted base student cost per pupil to the Governor's School for Math and Science, the Governor's School for the Arts and the Humanities and the South Carolina School for the Deaf and Blind not to exceed $300,000. /
Renumber sections to conform.
Amend totals and titles to conform.

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


Printed Page 1752 . . . . . Monday, March 9, 2009

Rep. SELLERS proposed the following Amendment No. 209 (Doc Name h:\legwork\house\amend\H-WM\008\poverty weighting at 1.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 352, after line 10, by adding an appropriately numbered paragraph to read:
/ (SDE: Education Finance Act Poverty Weighting) There is created within the Education Finance Act of Chapter 20, Title 59 an add-on weighting for poverty that has the value of .10. Poverty is defined as children eligible for the Federal free and reduced price lunch program. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SELLERS explained the amendment.

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

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

Yeas 62; Nays 49

Those who voted in the affirmative are:

Allison                Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Cole                   Cooper                 Crawford
Daning                 Delleney               Duncan
Edge                   Erickson               Forrester
Frye                   Gambrell               Hamilton
Hardwick               Harrell                Harrison
Hearn                  Herbkersman            Hiott
Horne                  Kelly                  Limehouse
Littlejohn             Loftis                 Long
Lowe                   Merrill                Millwood
Nanney                 Owens                  Parker
Pinson                 M. A. Pitts            Rice
Sandifer               Scott                  Simrill
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stewart                Thompson               Toole

Printed Page 1753 . . . . . Monday, March 9, 2009

Umphlett               Viers                  White
Whitmire               Willis                 Wylie
A. D. Young            T. R. Young

Total--62

Those who voted in the negative are:

Alexander              Allen                  Anthony
Bales                  Ballentine             Battle
Branham                H. B. Brown            R. L. Brown
Clyburn                Cobb-Hunter            Dillard
Funderburk             Gilliard               Govan
Gunn                   Haley                  Hart
Harvin                 Hayes                  Hodges
Hosey                  Howard                 Huggins
Hutto                  Jefferson              Jennings
Kennedy                King                   Lucas
Mack                   McEachern              McLeod
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  E. H. Pitts
Rutherford             Sellers                J. E. Smith
Stavrinakis            Vick                   Whipper
Williams

Total--49

So, the amendment was tabled.

Section 1 was adopted.

SECTION 1A--AMENDED AND ADOPTED

Rep. OTT proposed the following Amendment No. 89 to (Doc Name h:\legwork\house\amend\H-WM\008\CERRA FUNDING.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 356, paragraph 1A.22, line 2, after /education programs./ by inserting:
/ Whenever the General Assembly or the Budget and Control Board implements a mid-year reduction, CERRA appropriations for the


Printed Page 1754 . . . . . Monday, March 9, 2009

Teaching Fellows Program are exempt from any mid-year budget reductions. The Department of Education is directed to transfer $545,000 from Part IA, Section 1, Program XI.4. External Review Teams to the Teaching Fellows Program. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. OTT explained the amendment.
Rep. J. R. SMITH spoke against the amendment.

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

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

Yeas 58; Nays 52

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Cato
Chalk                  Cole                   Cooper
Delleney               Duncan                 Erickson
Forrester              Frye                   Gambrell
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Herbkersman
Hiott                  Horne                  Huggins
Kelly                  Limehouse              Littlejohn
Loftis                 Long                   Lucas
Millwood               Nanney                 Owens
Parker                 M. A. Pitts            Rice
Sandifer               Scott                  Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stewart
Thompson               Toole                  Umphlett
Viers                  White                  Whitmire
Willis                 Wylie                  A. D. Young
T. R. Young

Total--58


Printed Page 1755 . . . . . Monday, March 9, 2009

Those who voted in the negative are:
Alexander              Allen                  Anthony
Bales                  Battle                 Branham
H. B. Brown            R. L. Brown            Clyburn
Cobb-Hunter            Crawford               Daning
Dillard                Funderburk             Gilliard
Govan                  Gunn                   Haley
Harvin                 Hayes                  Hodges
Hosey                  Howard                 Hutto
Jefferson              Jennings               Kennedy
King                   Lowe                   Mack
McEachern              McLeod                 Merrill
Miller                 Mitchell               Moss
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Pinson
E. H. Pitts            Rutherford             Sellers
Simrill                D. C. Smith            J. E. Smith
Stavrinakis            Vick                   Whipper
Williams

Total--52

So, the amendment was tabled.

Rep. J. E. SMITH proposed the following Amendment No. 192 (Doc Name h:\legwork\house\amend\H-WM\001\ntl bd one cycle eia.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 357, paragraph 1A.26, lines 6-7, by striking: / The $7,500 salary supplement shall only be paid for the initial ten-year certification. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.
Rep. E. H. PITTS spoke against the amendment.

The question then recurred to the adoption of the amendment.


Printed Page 1756 . . . . . Monday, March 9, 2009

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

Yeas 76; Nays 31

Those who voted in the affirmative are:

Allen                  Allison                Anthony
Bales                  Ballentine             Bannister
Battle                 Bowen                  Brady
Branham                H. B. Brown            R. L. Brown
Clyburn                Cobb-Hunter            Cole
Daning                 Delleney               Dillard
Erickson               Forrester              Funderburk
Gambrell               Gilliard               Govan
Gunn                   Haley                  Hardwick
Harrell                Harrison               Harvin
Hayes                  Hearn                  Hodges
Horne                  Hosey                  Howard
Huggins                Hutto                  Jefferson
Jennings               Kelly                  Kennedy
King                   Limehouse              Long
Lowe                   Lucas                  Mack
McEachern              McLeod                 Miller
Moss                   J. H. Neal             J. M. Neal
Neilson                Ott                    Parker
Parks                  Rice                   Rutherford
Sandifer               Sellers                Simrill
Skelton                G. M. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Thompson               Vick
Whipper                Whitmire               Williams
T. R. Young

Total--76

Those who voted in the negative are:

Barfield               Bedingfield            Bingham
Cato                   Chalk                  Cooper
Crawford               Duncan                 Edge
Frye                   Hamilton               Hiott
Littlejohn             Loftis                 Merrill
Millwood               Nanney                 Owens

Printed Page 1757 . . . . . Monday, March 9, 2009

Pinson                 E. H. Pitts            M. A. Pitts
Scott                  G. R. Smith            Stewart
Toole                  Umphlett               Viers
White                  Willis                 Wylie
A. D. Young

Total--31

So, the amendment was adopted.

Rep. J. R. SMITH proposed the following Amendment No. 34 (Doc Name h:\legwork\house\amend\H-WM\008\TECHNICAL ASSIST-ANCE.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 362, paragraph 1A.39, line 33, before /Reconstitution means/ by inserting:
/The department shall create a pilot program to implement a system whereby a public school may be reconstituted. /
Amend the bill further, as and if amended, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 363, paragraph 1A.39, line 11, after /district superintendent/ by inserting: /and upon approval of local board of trustees/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. R. SMITH explained the amendment.

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

Rep. J. R. SMITH proposed the following Amendment No. 32 (Doc Name h:\legwork\house\amend\H-WM\008\NATIONAL BOARD EIA.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 366, paragraph 1A.58, line 26, by inserting after /teacher salaries and fringe benefits/:
/and National Board Certification Incentive salary supplements/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. R. SMITH explained the amendment.


Printed Page 1758 . . . . . Monday, March 9, 2009

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

Yeas 70; Nays 30

Those who voted in the affirmative are:

Allen                  Allison                Bales
Ballentine             Bannister              Barfield
Battle                 Bingham                Bowen
Brady                  Branham                Cato
Chalk                  Cole                   Cooper
Daning                 Delleney               Duncan
Edge                   Erickson               Forrester
Frye                   Gambrell               Haley
Hamilton               Harrell                Harrison
Hayes                  Herbkersman            Hiott
Horne                  Huggins                Jennings
Kelly                  Limehouse              Littlejohn
Long                   Lucas                  Merrill
Miller                 Millwood               J. M. Neal
Owens                  Parker                 Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scott                  Simrill
Skelton                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stewart
Thompson               Toole                  Umphlett
Viers                  White                  Whitmire
Willis                 Wylie                  A. D. Young
T. R. Young

Total--70

Those who voted in the negative are:

Alexander              Anthony                H. B. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Crawford               Dillard                Funderburk
Gilliard               Govan                  Gunn
Harvin                 Hodges                 Hosey
Howard                 Hutto                  King
Mack                   McEachern              McLeod
Mitchell               Moss                   J. H. Neal

Printed Page 1759 . . . . . Monday, March 9, 2009

Ott                    Parks                  Sellers
Vick                   Whipper                Williams

Total--30

So, the amendment was adopted.

Rep. OTT proposed the following Amendment No. 216 to (Doc Name h:\legwork\house\amend\H-WM\008\nat bc and cerra.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 366, paragraph 1A.58, line 26, by inserting after /teacher salaries and fringe benefits/:
/and National Board Certification Incentive salary supplements and the Teaching Fellows Program administered by CERRA./
Renumber sections to conform.
Amend totals and titles to conform.

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

The question then recurred to the adoption of Section 1A.

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

Yeas 102; Nays 2

Those who voted in the affirmative are:

Alexander              Allen                  Allison
Anthony                Bales                  Ballentine
Bannister              Barfield               Battle
Bingham                Bowen                  Brady
Branham                R. L. Brown            Cato
Chalk                  Clyburn                Cobb-Hunter
Cole                   Cooper                 Crawford
Daning                 Delleney               Dillard
Duncan                 Edge                   Erickson
Forrester              Frye                   Funderburk
Gambrell               Gilliard               Govan
Gunn                   Haley                  Hamilton
Hardwick               Harrell                Harrison

Printed Page 1760 . . . . . Monday, March 9, 2009

Harvin                 Hayes                  Hearn
Herbkersman            Hiott                  Hodges
Horne                  Hosey                  Howard
Huggins                Hutto                  Jefferson
Jennings               Kelly                  King
Limehouse              Littlejohn             Loftis
Long                   Lowe                   Lucas
Mack                   McEachern              McLeod
Merrill                Miller                 Millwood
Mitchell               Moss                   J. H. Neal
J. M. Neal             Ott                    Owens
Parker                 Parks                  Pinson
E. H. Pitts            M. A. Pitts            Rice
Sandifer               Scott                  Simrill
Skelton                G. M. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stewart                Thompson
Toole                  Umphlett               Vick
Viers                  Whipper                White
Whitmire               Williams               Willis
Wylie                  A. D. Young            T. R. Young

Total--102

Those who voted in the negative are:

Bedingfield            G. R. Smith

Total--2

Section 1A was adopted.

SECTION 2--AMENDED AND ADOPTED

Rep. COOPER proposed the following Amendment No. 4 (Doc Name h:\legwork\house\amend\H-WM\001\LOTTERY.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 2, LOTTERY EXPENDITURE ACCOUNT, page 370, paragraph 2.7, line 18, by striking /$79,533,953/ and inserting /$85,256,682/


Printed Page 1761 . . . . . Monday, March 9, 2009

Amend the bill further, as and if amended, Section 2, LOTTERY EXPENDITURE ACCOUNT, page 370, paragraph 2.7, line 29, by striking /$47,614,527/ and inserting /$41,891,798/
Amend the bill further, as and if amended, Section 2, LOTTERY EXPENDITURE ACCOUNT, page 371, paragraph 2.7, line 12, after "appropriated" by inserting: / as follows: $5,722,729 to the Department of Education for K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525 and $2,677,271 /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 2 was adopted.

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

MOTION NOTED

Rep. COOPER moved to reconsider the vote whereby Part IA, Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15A, 15B, 15C, 15D, 15E, 15F, 15G, 15H, 16, 17A, 17B, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68A, 68B, 68C, 70A, 70B, 70C, 70D, 70E, 70F, 71, 72A, 72B, 72C, 73, 74, 75, 76, 77, 78, 79, 80A, 80B, 80C, 80D, 81, 82, 83, 84, 85, 86, 86A, 87, and 88; Part 1B, Sections 1, 1A, 2, 3, 4, 7, 18, 19, 20, 27, 28, 29, 31, 32, 38, 45, 49, 50, 52, 53, 55, 57, 59, 63, 64, 71, 74, 76, 78, 82, 83, and 84 were adopted and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being consideration of Section 5, Part IB.

ADJOURNMENT

At 10:17 p.m. the House, in accordance with the motion of Rep. H. B. BROWN, adjourned in memory of former Senator John Martin of Winnsboro, to meet at 9:30 a.m. tomorrow.

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