South Carolina General Assembly
119th Session, 2011-2012
Journal of the House of Representatives


Printed Page 1688 . . . . . Monday, March 14, 2011

Monday, March 14, 2011
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Proverbs 15:22: "Without counsel, plans go wrong, but with many advisers they succeed."
Let us pray. Gracious God, we begin this week needing Your guidance and direction. Provide these Representatives the wisdom, counsel, strength, courage, and integrity in dealing with the budget. Console them as they struggle with the needs of the people of this State. Be their continual source of wisdom, that they may make the correct decisions. Bless our leaders, national and state. Protect our defenders of freedom as they protect us. Heal the wounds of our brave warriors, those seen and those unseen. Hear us, O Lord, as we pray. Amen.

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

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

MOTION ADOPTED

Rep. PARKER moved that when the House adjourns, it adjourn in memory of Mr. James "Jimmy" Foster of Spartanburg, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family of William Ralph Allison, father-in-law of Representative Allison.


Printed Page 1689 . . . . . Monday, March 14, 2011

REPORT OF STANDING COMMITTEE

Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 3735 (Word version) -- Reps. Loftis, Chumley, Neilson, Hamilton, Sandifer, J. R. Smith, Whitmire and Thayer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 39 TO ENACT THE "SOUTH CAROLINA INCANDESCENT LIGHT BULB FREEDOM ACT" SO AS TO PROVIDE THAT INCANDESCENT LIGHT BULBS MANUFACTURED IN THIS STATE, WITHOUT SIGNIFICANT PARTS IMPORTED FROM ANOTHER STATE, AND OFFERED FOR SALE AND SOLD FOR USE ONLY IN THIS STATE ARE DEEMED ONLY TO BE IN THE STREAM OF INTRASTATE COMMERCE AND THEREFORE NOT SUBJECT TO FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE UNITED STATES CONSTITUTION.
Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 3921 (Word version) -- Rep. Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 25 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE UNCLAIMED CREMATED REMAINS OF A VETERAN MAY BE INTERRED WITHOUT LIABILITY TO THE FUNERAL DIRECTOR, UNDERTAKER, FUNERAL HOME, OR OTHERS INVOLVED IN THE INTERMENT.
Referred to Committee on Labor, Commerce and Industry

H. 3922 (Word version) -- Reps. Erickson, Patrick and Herbkersman: A BILL TO AMEND SECTION 14-23-1130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GOVERNING BODY OF EACH COUNTY PROVIDE THE JUDGE OF PROBATE WITH THE NECESSARY OFFICE EQUIPMENT, BOOKS, OFFICE SPACE, AND PERSONNEL FOR THE OPERATION OF THE COURT, SO AS TO PROVIDE THAT THESE JUDGES HAVE ABSOLUTE


Printed Page 1690 . . . . . Monday, March 14, 2011

CONTROL OVER THESE MATTERS, INCLUDING USE OF BUDGETED FUNDS, EMPLOYEE CLASSIFICATIONS, COMPENSATION, AND PROMOTIONS.
Referred to Committee on Judiciary

H. 3923 (Word version) -- Rep. Parker: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO RENAME THE INMAN MILLS BAPTIST VOTING PRECINCT THE GREATER ST. JAMES VOTING PRECINCT AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. PARKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 20 (Word version) -- Senators Grooms, McConnell, Thomas, Alexander, Leatherman, Knotts, Bryant, Hayes, Rose, Verdin, S. Martin, Peeler, L. Martin, Fair, Ryberg, Cromer, Campsen, Davis, Shoopman, Rankin and Bright: A BILL TO AMEND CHAPTER 1, TITLE 23 OF THE 1976 CODE, BY ADDING SECTION 23-1-250 TO PROVIDE THAT WHERE A LAW ENFORCEMENT OFFICER HAS REASONABLE SUSPICION THAT A PERSON STOPPED, DETAINED, OR ARRESTED BY LAW ENFORCEMENT IS AN ALIEN UNLAWFULLY IN THE UNITED STATES, THE OFFICER OR HIS AGENCY MUST FOLLOW CERTAIN PROCEDURES TO VERIFY HIS IMMIGRATION STATUS; AND TO AMEND ARTICLE 5, CHAPTER 9, TITLE 16, BY ADDING SECTION 16-9-480 TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON UNLAWFULLY IN THE UNITED STATES TO SOLICIT OR ATTEMPT TO SOLICIT WORK, AND TO PROVIDE PROCEDURES FOR VERIFYING IMMIGRATION STATUS.
Referred to Committee on Judiciary

S. 109 (Word version) -- Senator Verdin: A BILL TO AMEND TITLE 44 OF THE 1976 CODE, RELATING TO HEALTH, BY ADDING CHAPTER 137, TO ENACT THE "REFLEX SYMPATHETIC DYSTROPHY SYNDROME EDUCATION ACT", TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL


Printed Page 1691 . . . . . Monday, March 14, 2011

CONTROL TO ESTABLISH AN EDUCATIONAL PROGRAM CONCERNING THE SYNDROME, TO PROVIDE FOR THE CONTENTS OF A PUBLIC AWARENESS PROGRAM, TO REQUIRE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WORK WITH HEALTH CARE PROVIDERS AND OTHER PROFESSIONALS CONCERNING THE SYNDROME, TO ALLOW FOR PRIVATE FUNDING OF THE PROGRAM, AND TO DEFINE NECESSARY TERMS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 220 (Word version) -- Senators Jackson and Ford: A BILL TO AMEND CHAPTER 1, TITLE 44 OF THE 1976 CODE, BY ADDING SECTION 44-1-149 TO PROHIBIT THE RESALE OF FOOD THAT HAS BEEN SERVED OR SOLD TO AND POSSESSED BY A CONSUMER.
Referred to Committee on Judiciary

ROLL CALL

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

Agnew                  Allen                  Allison
Anthony                Atwater                Bales
Ballentine             Bannister              Battle
Bedingfield            Bikas                  Bingham
Bowen                  Brady                  Branham
R. L. Brown            Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole
Cooper                 Crosby                 Daning
Delleney               Dillard                Erickson
Forrester              Frye                   Funderburk
Gambrell               Gilliard               Hamilton
Hardwick               Harrell                Hayes
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Horne
Hosey                  Huggins                King
Loftis                 Long                   Lowe
McCoy                  McEachern              McLeod
Merrill                Mitchell               D. C. Moss
Munnerlyn              Nanney                 J. M. Neal
Norman                 Ott                    Owens

Printed Page 1692 . . . . . Monday, March 14, 2011

Parker                 Patrick                Pitts
Pope                   Ryan                   Sabb
Sandifer               Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stringer               Tallon                 Taylor
Thayer                 Toole                  Weeks
White                  Whitmire               Williams

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Monday, March 14.

Liston Barfield                   Joe Jefferson
Anne Parks                        Joseph Neal
Leon Stavrinakis                  Chris Murphy
James Lucas                       Denny Neilson
Thomas R. Young, Jr.              Bakari Sellers
Jerry Govan                       Mia Butler Garrick
Chris Hart                        Curtis Brantley
K. F. Hodges                      Lewis E. Pinson
Patsy Knight                      Tom Corbin
Boyd Brown                        Todd Rutherford
V. S. Moss                        Tracy Edge
Carl Anderson                     Douglas "Doug" Brannon
James Harrison                    Richard "Rick" Quinn
Mark Willis                       David Mack
Jackson "Seth"  Whipper           Terry Alexander
Grady Brown                       Ted Vick
H. B. "Chip" Limehouse            David Tribble, Jr.
Leon Howard                       Thad Viers

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. UMPHLETT a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

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


Printed Page 1693 . . . . . Monday, March 14, 2011

LEAVE OF ABSENCE

The SPEAKER granted Rep. BOWERS a leave of absence for the day due to speaking engagements.

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-SPONSOR ADDED

Bill Number:   H. 3449 (Word version)
Date:   ADD:
03/14/11   SANDIFER

CO-SPONSOR ADDED

Bill Number:   H. 3470 (Word version)
Date:   ADD:
03/14/11   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 3498 (Word version)
Date:   ADD:
03/14/11   SANDIFER

CO-SPONSOR ADDED

Bill Number:   H. 3617 (Word version)
Date:   ADD:
03/14/11   TOOLE


Printed Page 1694 . . . . . Monday, March 14, 2011

CO-SPONSOR ADDED

Bill Number:   H. 3355 (Word version)
Date:   ADD:
03/14/11   QUINN

CO-SPONSORS ADDED

Bill Number:   H. 3356 (Word version)
Date:   ADD:
03/14/11   ATWATER and QUINN

CO-SPONSORS ADDED

Bill Number:   H. 3359 (Word version)
Date:   ADD:
03/14/11   ATWATER and QUINN

H. 3700--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 3700--GENERAL APPROPRIATION BILL

H. 3700 -- 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, 2011, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

MOTION ADOPTED

Rep. COOPER moved that while debating H. 3700 that he be allowed to note a motion daily to reconsider each section adopted, which was agreed to.

PART IA

SECTION 2

Section 2 was adopted.

SECTION 3

Section 3 was adopted.


Printed Page 1695 . . . . . Monday, March 14, 2011

SECTION 4

Section 4 was adopted.

SECTION 5

Section 5 was adopted.

SECTION 8

Section 8 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 15B

Section 15B was adopted.

SECTION 15C

Section 15C was adopted.

SECTION 15D

Section 15D was adopted.

SECTION 15E

Section 15E was adopted.

SECTION 15G

Section 15G was adopted.

SECTION 15H

Section 15H was adopted.

SECTION 16

Section 16 was adopted.


Printed Page 1696 . . . . . Monday, March 14, 2011

SECTION 17A

Section 17A was adopted.

SECTION 17B

Section 17B was adopted.

SECTION 25

Section 25 was adopted.

SECTION 29

Section 29 was adopted.

SECTION 31

Section 31 was adopted.

SECTION 37

Section 37 was adopted.

SECTION 41

Section 41 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 51

Section 51 was adopted.

SECTION 52

Section 52 was adopted.

SECTION 53

Section 53 was adopted.

SECTION 55

Section 55 was adopted.


Printed Page 1697 . . . . . Monday, March 14, 2011

SECTION 57

Section 57 was adopted.

SECTION 59

Section 59 was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61

Section 61 was adopted.

SECTION 63

Section 63 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 70B

Section 70B was adopted.

SECTION 70C

Section 70C was adopted.

SECTION 70D

Section 70D was adopted.

SECTION 70E

Section 70E was adopted.

SECTION 71

Section 71 was adopted.

SECTION 75

Section 75 was adopted.

SECTION 76

Section 76 was adopted.

SECTION 78

Section 78 was adopted.


Printed Page 1698 . . . . . Monday, March 14, 2011

SECTION 83

Section 83 was adopted.

SECTION 84

Section 84 was adopted.

SECTION 87

Section 87 was adopted.

SECTION 88

Section 88 was adopted.

PART IB

SECTION 2

Section 2 was adopted.

SECTION 3

Section 3 was adopted.

SECTION 4

Section 4 was adopted.

SECTION 5

Section 5 was adopted.

SECTION 6

Section 6 was adopted.

SECTION 14

Section 14 was adopted.

SECTION 15

Section 15 was adopted.

SECTION 17

Section 17 was adopted.

SECTION 25

Section 25 was adopted.


Printed Page 1699 . . . . . Monday, March 14, 2011

SECTION 27

Section 27 was adopted.

SECTION 28

Section 28 was adopted.

SECTION 29

Section 29 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 37

Section 37 was adopted.

SECTION 38

Section 38 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 53

Section 53 was adopted.

SECTION 58

Section 58 was adopted.

SECTION 59

Section 59 was adopted.

SECTION 62

Section 62 was adopted.


Printed Page 1700 . . . . . Monday, March 14, 2011

SECTION 63

Section 63 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 71

Section 71 was adopted.

SECTION 73

Section 73 was adopted.

SECTION 74

Section 74 was adopted.

SECTION 75

Section 75 was adopted.

SECTION 76

Section 76 was adopted.

SECTION 78

Section 78 was adopted.

SECTION 80C

Section 80C was adopted.

SECTION 82

Section 82 was adopted.

SECTION 83

Section 83 was adopted.

SECTION 84

Section 84 was adopted.

Rep. BIKAS moved that the House recede until 2:00 p.m., which was agreed to.

THE HOUSE RESUMES

At 2:00 p.m. the House resumed, Acting SPEAKER BIKAS in the Chair.


Printed Page 1701 . . . . . Monday, March 14, 2011

POINT OF QUORUM

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

SPEAKER IN CHAIR

LEAVE OF ABSENCE

The SPEAKER granted Rep. NEILSON a leave of absence for the remainder of the day to attend a funeral.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WILLIAMS a leave of absence for the remainder of the day to attend a funeral.

H. 3700--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Part 1A, Section 1:

H. 3700--THE GENERAL APPROPRIATION BILL

H. 3700 -- 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, 2011, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

PART IA

SECTION 1--AMENDED AND DEBATE ADJOURNED

Rep. BINGHAM proposed the following Amendment No. 64 (Doc Name h:\legwork\house\amend\H-WM\007\EIA SURPLUS ALLOCATION.DOCX), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 5, line 15, opposite /Aid To Districts/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

20,192,625


Printed Page 1702 . . . . . Monday, March 14, 2011

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

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

Rep. BINGHAM proposed the following Amendment No. 24 (Doc Name h:\H-WM\007\CORRECTED APPROPRIATIONS IN EIA.DOCX), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 5, line 20, opposite /Alloc EIA- Arts Curricula/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

1,187,571
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 5, line 26, opposite /High Schools That Work/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

743,354
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 6, line 32, opposite /Awards/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

2,230,061
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 10, line 6, opposite /Centers of Excellence (H03)/ by decreasing the amount(s) in Column 3 by:

Column 3   Column 4

537,526
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. BINGHAM proposed the following Amendment No. 25 (Doc Name h:\legwork\house\amend\H-WM\007\YOUTH CHALLENGE ACADEMY.DOCX), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, immediately after line 19, by inserting a new line to read:


Printed Page 1703 . . . . . Monday, March 14, 2011

Column 3   Column 4
SC Youth Challenge Academy

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

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

Rep. BINGHAM proposed the following Amendment No. 26 (Doc Name h:\legwork\house\amend\H-WM\007\TRANSPORTATION FUNDS.DOCX), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, line 27, opposite /Other Operating Expenses/ by increasing the amount(s) in Column 3 by:

Column 3   Column 4

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

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

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

SECTION 6

Section 6 was adopted.

SECTION 7

Section 7 was adopted.

SECTION 9

Section 9 was adopted.

SECTION 14

Section 14 was adopted.

SECTION 15A

Section 15A was adopted.


Printed Page 1704 . . . . . Monday, March 14, 2011

SECTION 15F

Section 15F was adopted.

SECTION 18

Section 18 was adopted.

SECTION 19--ADOPTED

Rep. BINGHAM explained the Section.

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21--DEBATE ADJOURNED

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

SECTION 22

Section 22 was adopted.

SECTION 23--ADOPTED

Rep. CROSBY proposed the following Amendment No. 11 (Doc Name h:\H-WM\004\dmh classified positions.docx), which was tabled:
Amend the bill, as and if amended, Section 23, DEPARTMENT OF MENTAL HEALTH, page 95, line 05, opposite /Classified Positions/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3   Column 4

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

Rep. CROSBY explained the amendment.

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

The question then recurred to the adoption of the Section.


Printed Page 1705 . . . . . Monday, March 14, 2011

The yeas and nays were taken resulting as follows:

Yeas 105; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Barfield               Bedingfield            Bikas
Bingham                Bowen                  Brady
Branham                Brannon                Brantley
H. B. Brown            R. L. Brown            Butler Garrick
Chumley                Clemmons               Cole
Cooper                 Corbin                 Crosby
Daning                 Delleney               Dillard
Edge                   Erickson               Forrester
Frye                   Funderburk             Gambrell
Gilliard               Govan                  Hardwick
Harrell                Harrison               Hart
Hayes                  Hearn                  Henderson
Hiott                  Hixon                  Hodges
Horne                  Hosey                  Howard
Huggins                Jefferson              King
Knight                 Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              McLeod
Merrill                Mitchell               D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Nanney                 J. H. Neal             J. M. Neal
Norman                 Ott                    Owens
Parker                 Patrick                Pinson
Pitts                  Pope                   Quinn
Rutherford             Ryan                   Sabb
Sandifer               Sellers                Simrill
Skelton                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Weeks                  White
Whitmire               Willis                 Young

Total--105


Printed Page 1706 . . . . . Monday, March 14, 2011

Those who voted in the negative are:

Total--0

Section 23 was adopted.

SECTION 24--ADOPTED

Rep. JEFFERSON proposed the following Amendment No. 3 (Doc Name h:\H-WM\006\TRI CITY OUTREACH.DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 24, DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, page 104, immediately after line 3, by inserting a new line to read:

Column 3   Column 4
Special Item:
Tri-City Outreach Support Group

25,000         25,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. JEFFERSON explained the amendment.

Rep. WHITE moved to table the amendment.

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

Yeas 69; Nays 41

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Bannister              Barfield               Battle
Bedingfield            Bikas                  Bingham
Bowen                  Brady                  Brannon
Chumley                Clemmons               Cole
Cooper                 Corbin                 Delleney
Edge                   Erickson               Forrester
Frye                   Gambrell               Hardwick
Harrell                Harrison               Hearn
Henderson              Herbkersman            Hiott
Hixon                  Horne                  Huggins

Printed Page 1707 . . . . . Monday, March 14, 2011

Loftis                 Long                   Lowe
Lucas                  McCoy                  Merrill
D. C. Moss             V. S. Moss             Murphy
Nanney                 Norman                 Owens
Parker                 Patrick                Pinson
Pitts                  Pope                   Quinn
Ryan                   Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stringer               Tallon                 Taylor
Thayer                 Toole                  White
Whitmire               Willis                 Young

Total--69

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Branham                Brantley               G. A. Brown
H. B. Brown            R. L. Brown            Butler Garrick
Clyburn                Cobb-Hunter            Dillard
Funderburk             Gilliard               Govan
Hart                   Hayes                  Hodges
Hosey                  Howard                 Jefferson
King                   Knight                 Mack
McEachern              McLeod                 Mitchell
Munnerlyn              J. H. Neal             J. M. Neal
Ott                    Rutherford             Sabb
Sellers                J. E. Smith            Stavrinakis
Weeks                  Whipper

Total--41

So, the amendment was tabled.

The question then recurred to the adoption of the Section.

Section 24 was adopted.


Printed Page 1708 . . . . . Monday, March 14, 2011

SECTION 1--RECONSIDERED, AMENDED AND ADOPTED

Rep. BINGHAM moved to reconsider the vote whereby debate was adjourned on Section 1, which was agreed to.

Rep. BINGHAM, OTT and FUNDERBURK proposed the following Amendment No. 78 (Doc Name h:\legwork\house\amend\H-WM\007\STUDENT HEALTH AND FITNESS.DOCX), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 5, line 15, opposite /Aid to Districts/ by decreasing the amount(s) in Column 3 by:

Column 3   Column 4

4,000,000
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 5, immediately after line 15, by inserting a new line to read:

Column 3   Column 4
Student Health and Fitness Act - Nurses

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

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

The question then recurred to the adoption of the Section, as amended.

The yeas and nays were taken resulting as follows:

Yeas 113; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bikas                  Bingham
Bowen                  Brady                  Branham
Brannon                Brantley               G. A. Brown
H. B. Brown            R. L. Brown            Butler Garrick

Printed Page 1709 . . . . . Monday, March 14, 2011

Chumley                Clemmons               Clyburn
Cobb-Hunter            Cole                   Cooper
Corbin                 Crosby                 Daning
Delleney               Dillard                Edge
Erickson               Forrester              Frye
Funderburk             Gambrell               Gilliard
Govan                  Hamilton               Hardwick
Harrell                Harrison               Hart
Hayes                  Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Horne                  Hosey
Howard                 Huggins                Jefferson
King                   Knight                 Loftis
Long                   Lowe                   Lucas
Mack                   McCoy                  McEachern
McLeod                 Merrill                Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Nanney                 J. H. Neal
J. M. Neal             Norman                 Ott
Owens                  Parker                 Patrick
Pinson                 Pitts                  Pope
Quinn                  Rutherford             Ryan
Sabb                   Sandifer               Sellers
Simrill                Skelton                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Weeks
Whipper                White                  Whitmire
Willis                 Young

Total--113

Those who voted in the negative are:

Total--0

Section 1, as amended, was adopted.

SECTION 26

Section 26 was adopted.


Printed Page 1710 . . . . . Monday, March 14, 2011

SECTION 27

Section 27 was adopted.

SECTION 28

Section 28 was adopted.

SECTION 30

Section 30 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 34

Section 34 was adopted.

SECTION 35--ADOPTED

The question then recurred to the adoption of Section 35.

The yeas and nays were taken resulting as follows:

Yeas 97; Nays 6

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Atwater                Ballentine             Bannister
Barfield               Bedingfield            Bikas
Bingham                Bowen                  Brady
Branham                Brannon                Brantley
G. A. Brown            H. B. Brown            Butler Garrick
Clemmons               Clyburn                Cole
Cooper                 Crosby                 Daning
Delleney               Dillard                Edge
Erickson               Forrester              Frye
Funderburk             Gambrell               Gilliard
Govan                  Hamilton               Hardwick
Harrell                Harrison               Hayes
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges

Printed Page 1711 . . . . . Monday, March 14, 2011

Horne                  Hosey                  Huggins
Jefferson              King                   Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              McLeod
Merrill                Mitchell               D. C. Moss
Munnerlyn              Murphy                 Nanney
J. H. Neal             J. M. Neal             Owens
Parker                 Parks                  Patrick
Pinson                 Pitts                  Pope
Quinn                  Rutherford             Sabb
Sandifer               Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stringer               Tallon
Thayer                 Toole                  Weeks
White                  Whitmire               Willis
Young

Total--97

Those who voted in the negative are:

Chumley                Corbin                 Loftis
Norman                 Ryan                   Taylor

Total--6

Section 35 was adopted.

SECTION 36

Section 36 was adopted.

SECTION 38

Section 38 was adopted.

SECTION 39

Section 39 was adopted.

SECTION 40

Section 40 was adopted.


Printed Page 1712 . . . . . Monday, March 14, 2011

SECTION 42

Section 42 was adopted.

SECTION 43

Section 43 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 46--ADOPTED

The question then recurred to the adoption of Section 46.

The yeas and nays were taken resulting as follows:

Yeas 104; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bikas                  Bingham
Bowen                  Brady                  Brannon
Brantley               G. A. Brown            H. B. Brown
Butler Garrick         Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole
Cooper                 Corbin                 Crosby
Daning                 Delleney               Dillard
Edge                   Erickson               Forrester
Frye                   Funderburk             Gambrell
Gilliard               Govan                  Hamilton
Hardwick               Harrell                Hayes
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Horne                  Hosey                  Huggins
Jefferson              King                   Knight
Loftis                 Long                   Lowe
Lucas                  Mack                   McCoy
McEachern              McLeod                 Merrill
Mitchell               D. C. Moss             V. S. Moss
Murphy                 Nanney                 J. M. Neal
Ott                    Owens                  Parker

Printed Page 1713 . . . . . Monday, March 14, 2011

Patrick                Pinson                 Pitts
Pope                   Quinn                  Rutherford
Ryan                   Sabb                   Sellers
Simrill                Skelton                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Vick
Weeks                  White                  Whitmire
Willis                 Young

Total--104

Those who voted in the negative are:

Total--0

Section 46 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 54

Section 54 was adopted.

SECTION 56

Section 56 was adopted.

SECTION 58

Section 58 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 64

Section 64 was adopted.


Printed Page 1714 . . . . . Monday, March 14, 2011

SECTION 65

Section 65 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.

SECTION 68D

Section 68D was adopted.

SECTION 70A

Section 70A was adopted.

SECTION 70F--ADOPTED

Rep. OTT moved to adjourn debate on the Section, which was not agreed to by a division vote of 22 to 48.

Rep. BINGHAM explained the Section.

Section 70F was adopted.

SECTION 72A--ADOPTED

Rep. MERRILL explained the Section.

Rep. KING moved to adjourn debate on the Section.

Rep. MERRILL moved to table the motion.

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

Yeas 79; Nays 17


Printed Page 1715 . . . . . Monday, March 14, 2011

Those who voted in the affirmative are:

Allison                Anthony                Atwater
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bikas
Bingham                Bowen                  Brady
Brannon                Brantley               H. B. Brown
Chumley                Clemmons               Cole
Cooper                 Corbin                 Crosby
Daning                 Delleney               Edge
Erickson               Forrester              Frye
Gambrell               Hamilton               Hardwick
Harrell                Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Horne                  Huggins                Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  McCoy
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 J. M. Neal
Norman                 Owens                  Parker
Patrick                Pinson                 Pitts
Pope                   Quinn                  Ryan
Sandifer               Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble
White                  Whitmire               Willis
Young

Total--79

Those who voted in the negative are:

Allen                  Butler Garrick         Gilliard
Jefferson              King                   Mack
McLeod                 Mitchell               Munnerlyn
J. H. Neal             Parks                  Rutherford
Sabb                   Sellers                J. E. Smith
Weeks                  Whipper

Total--17


Printed Page 1716 . . . . . Monday, March 14, 2011

So, the motion to adjourn debate was tabled.

The question then recurred to the adoption of the Section.

The yeas and nays were taken resulting as follows:

Yeas 91; Nays 6

Those who voted in the affirmative are:

Agnew                  Anderson               Anthony
Atwater                Bales                  Ballentine
Bannister              Battle                 Bedingfield
Bikas                  Bingham                Bowen
Brady                  Branham                Brannon
Brantley               Chumley                Clemmons
Clyburn                Cole                   Cooper
Corbin                 Crosby                 Daning
Delleney               Dillard                Edge
Erickson               Forrester              Frye
Funderburk             Gambrell               Gilliard
Govan                  Hamilton               Hardwick
Harrell                Harrison               Hayes
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Horne                  Hosey                  Huggins
Knight                 Limehouse              Loftis
Long                   Lowe                   Lucas
McCoy                  McEachern              McLeod
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 J. M. Neal
Norman                 Owens                  Parker
Patrick                Pinson                 Pope
Quinn                  Ryan                   Sandifer
Sellers                Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Weeks
White                  Whitmire               Willis
Young

Total--91


Printed Page 1717 . . . . . Monday, March 14, 2011

Those who voted in the negative are:

Jefferson              King                   Mack
Rutherford             Sabb                   J. E. Smith

Total--6

Section 72A was adopted.

SECTION 72B--ADOPTED

The question then recurred to the adoption of the Section.

The yeas and nays were taken resulting as follows:

Yeas 94; Nays 8

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bikas                  Bingham
Bowen                  Brady                  Branham
Brannon                Brantley               G. A. Brown
H. B. Brown            R. L. Brown            Chumley
Clemmons               Clyburn                Cobb-Hunter
Cole                   Cooper                 Corbin
Daning                 Delleney               Edge
Erickson               Forrester              Frye
Gambrell               Govan                  Hamilton
Harrell                Harrison               Hayes
Hearn                  Hiott                  Hixon
Hodges                 Horne                  Hosey
Huggins                Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  McCoy                  McEachern
McLeod                 Merrill                D. C. Moss
V. S. Moss             Murphy                 Nanney
J. M. Neal             Norman                 Owens
Patrick                Pinson                 Pitts
Pope                   Quinn                  Ryan
Sandifer               Sellers                Simrill
Skelton                G. M. Smith            G. R. Smith

Printed Page 1718 . . . . . Monday, March 14, 2011

J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Tribble                Weeks
White                  Whitmire               Willis
Young

Total--94

Those who voted in the negative are:

Butler Garrick         Gilliard               Jefferson
King                   Mack                   Mitchell
Rutherford             Sabb

Total--8

Section 72B was adopted.

SECTION 72C

Section 72C was adopted.

SECTION 73--ADOPTED

Rep. GOVAN proposed the following Amendment No. 82 (Doc Name h:\H-WM\008\NURSING HOME OVERSIGHT.DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 73, LIEUTENANT GOVERNOR'S OFFICE, page 264, immediately after line 30, by inserting a new line to read:

Column 3     Column 4
Nursing Home Oversight

385,000       385,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

Rep. MERRILL moved to table the amendment.

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

Yeas 75; Nays 34


Printed Page 1719 . . . . . Monday, March 14, 2011

Those who voted in the affirmative are:

Allison                Anthony                Atwater
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bikas
Bingham                Bowen                  Brady
Chumley                Clemmons               Cole
Cooper                 Corbin                 Crosby
Daning                 Delleney               Edge
Erickson               Forrester              Frye
Gambrell               Hardwick               Harrell
Harrison               Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Horne                  Huggins                Jefferson
Limehouse              Loftis                 Long
Lowe                   Lucas                  McCoy
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 Norman
Owens                  Parker                 Patrick
Pinson                 Pitts                  Pope
Quinn                  Ryan                   Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Tribble                White
Whitmire               Willis                 Young

Total--75

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Bales                  Branham
Brannon                G. A. Brown            Butler Garrick
Clyburn                Cobb-Hunter            Dillard
Funderburk             Gilliard               Govan
Hodges                 Hosey                  Howard
King                   Knight                 Mack
McEachern              McLeod                 Mitchell
Munnerlyn              J. H. Neal             J. M. Neal
Ott                    Parks                  Rutherford

Printed Page 1720 . . . . . Monday, March 14, 2011

Sabb                   Sellers                J. E. Smith
Weeks

Total--34

So, the amendment was tabled.

The question then recurred to the adoption of the Section.

Section 73 was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. GOVAN a leave of absence for the remainder of the day due to family reasons.

SECTION 74

Section 74 was adopted.

SECTION 77

Section 77 was adopted.

SECTION 79--ADOPTED

Rep. MERRILL explained the Section.

The question then recurred to the adoption of the Section.

The yeas and nays were taken resulting as follows:

Yeas 63; Nays 37

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Barfield               Bedingfield            Bikas
Bingham                Bowen                  Brady
Brannon                Chumley                Clemmons
Cooper                 Corbin                 Crosby
Daning                 Edge                   Erickson
Forrester              Frye                   Gambrell
Hamilton               Hardwick               Harrell
Harrison               Henderson              Herbkersman
Hiott                  Hixon                  Huggins

Printed Page 1721 . . . . . Monday, March 14, 2011

Limehouse              Loftis                 Long
Lowe                   Merrill                D. C. Moss
V. S. Moss             Nanney                 Norman
Owens                  Parker                 Patrick
Pinson                 Pitts                  Quinn
Ryan                   Sandifer               Simrill
Skelton                G. R. Smith            J. R. Smith
Sottile                Spires                 Stringer
Tallon                 Taylor                 Thayer
Toole                  Tribble                White
Whitmire               Willis                 Young

Total--63

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Branham                Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Butler Garrick         Clyburn                Dillard
Funderburk             Gilliard               Hayes
Hodges                 Hosey                  Jefferson
King                   Knight                 Mack
McEachern              McLeod                 Mitchell
Munnerlyn              J. H. Neal             J. M. Neal
Ott                    Parks                  Rutherford
Sabb                   Sellers                Stavrinakis
Vick

Total--37

Section 79 was adopted.

SECTION 80A--ADOPTED

The question then recurred to the adoption of the Section.

The yeas and nays were taken resulting as follows:

Yeas 84; Nays 4


Printed Page 1722 . . . . . Monday, March 14, 2011

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anderson               Anthony                Atwater
Bales                  Ballentine             Barfield
Battle                 Bedingfield            Bikas
Bingham                Bowen                  Brady
Branham                Brantley               G. A. Brown
Butler Garrick         Chumley                Clemmons
Clyburn                Cobb-Hunter            Cooper
Corbin                 Crosby                 Daning
Dillard                Edge                   Erickson
Forrester              Frye                   Funderburk
Gambrell               Gilliard               Hamilton
Hardwick               Harrell                Harrison
Hayes                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Hosey                  Huggins                Jefferson
Limehouse              Long                   McEachern
McLeod                 Merrill                D. C. Moss
Munnerlyn              Nanney                 J. H. Neal
J. M. Neal             Norman                 Owens
Parks                  Patrick                Pinson
Pitts                  Quinn                  Ryan
Sandifer               Simrill                Skelton
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Thayer                 Toole
Tribble                Vick                   White
Whitmire               Willis                 Young

Total--84

Those who voted in the negative are:

Rutherford             Sabb                   Sellers
Stavrinakis

Total--4

Section 80A was adopted.


Printed Page 1723 . . . . . Monday, March 14, 2011

SECTION 80B--ADOPTED

Rep. COOPER explained the Section.

Section 80B was adopted.

SECTION 80C

Section 80C was adopted.

SECTION 80D

Section 80D was adopted.

SECTION 81--ADOPTED

Rep. OTT spoke upon the Section.
Rep. COOPER spoke in favor of the Section.
Rep. OTT spoke upon the Section.

The question then recurred to the adoption of the Section.

The yeas and nays were taken resulting as follows:

Yeas 89; Nays 1

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anderson               Anthony                Atwater
Ballentine             Barfield               Battle
Bedingfield            Bikas                  Bingham
Bowen                  Brady                  Branham
Brantley               H. B. Brown            Butler Garrick
Chumley                Clemmons               Clyburn
Cobb-Hunter            Cooper                 Corbin
Crosby                 Daning                 Dillard
Edge                   Erickson               Forrester
Frye                   Funderburk             Gilliard
Hamilton               Hardwick               Harrell
Hayes                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Hosey                  Huggins                Jefferson
King                   Knight                 Limehouse
Loftis                 Long                   Lowe
Mack                   McEachern              McLeod

Printed Page 1724 . . . . . Monday, March 14, 2011

Merrill                Mitchell               D. C. Moss
V. S. Moss             Nanney                 J. H. Neal
J. M. Neal             Norman                 Ott
Owens                  Parker                 Parks
Patrick                Pinson                 Pitts
Rutherford             Ryan                   Sandifer
Sellers                Simrill                Skelton
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Thayer                 Toole
Tribble                Vick                   White
Whitmire               Willis

Total--89

Those who voted in the negative are:
Gambrell

Total--1

Section 81 was adopted.

SECTION 82

Section 82 was adopted.

SECTION 86

Section 86 was adopted.

SECTION 86A

Section 86A was adopted.

SECTION 21

Section 21 was adopted.

PART IB

SECTION 1--AMENDED AND ADOPTED

Rep. BINGHAM proposed the following Amendment No. 27 (Doc Name h:\H-WM\007\PROVISO 1.3 UPDATE.DOCX), which was adopted:


Printed Page 1725 . . . . . Monday, March 14, 2011

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 315, paragraph 1.3, line 18, by striking /1,617/ and inserting /1,788/
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 315, paragraph 1.3, line 19, by striking /694,850/ and inserting /690,111/
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 315, paragraph 1.3, line 19, by striking /4,778/ and inserting /4,834/
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 315, paragraph 1.3, line 19, by striking /1,206/ and inserting /1,215/
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 315, paragraph 1.3, line 20, by striking /5,666/ and inserting /5,705/
Amend the bill further, as and if amended, Section 1, DEPARTMENT OF EDUCATION, page 315, paragraph 1.3, line 20, by striking /11,651/ and inserting /11,754/
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. ALLISON and BINGHAM proposed the following Amendment No. 9 (Doc Name h:\legwork\house\amend\H-WM\007\DEREGULATION.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 342, paragraph 1.86, line 3, by inserting after staff:
/, except that teachers in core subject areas as defined by ESEA must be highly qualified, which requires state certification /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. GAMBRELL proposed the following Amendment No. 16 (Doc Name h:\legwork\house\amend\H-WM\007\HSTW.DOCX), which was adopted:


Printed Page 1726 . . . . . Monday, March 14, 2011

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 342, paragraph 1.92, line 26, by striking:/ High Schools That Work /
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. ALLISON and FORRESTER proposed the following Amendment No. 10 (Doc Name h:\legwork\house\amend\H-WM\007\EEDA REGIONAL EDUCATION CENTERS.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 342, after line 30, by adding an appropriately numbered paragraph to read:
/ (SDE: EEDA Regional Education Centers) Funds appropriated from the EEDA for Regional Education Centers must not be less than $108,500. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. HAYES proposed the following Amendment No. 32 (Doc Name h:\legwork\house\amend\H-WM\007\BUILDING FUNDS CARRYFORWARD.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 342, after line 30, by adding an appropriately numbered paragraph to read:
/(SDE:District Building Fund Carryforward) A school district may carryforward any unexpended school building funds appropriated pursuant to the School Building Aid Program until June 30,2012./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 1, as amended, was adopted.


Printed Page 1727 . . . . . Monday, March 14, 2011

SECTION 1A--AMENDED AND ADOPTED

Rep. BINGHAM proposed the following Amendment No. 28 (Doc Name h:\H-WM\007\TECHNICAL ASSISTANCE.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 348, paragraph 1A.20, line 18, by striking after outlining: /how technical assistance allocations will be utilized/
Amend the bill further, as and if amended, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 348, paragraph 1A.20, line 18, by striking after improvements: /will be obtained/
Amend the bill further, as and if amended, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 348, paragraph 1A.20, line 19, by striking /Each/ and inserting:
/Of the technical assistance funds allocated to below average or at-risk schools each /
Amend the bill further, as and if amended, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 348, paragraph 1A.20, line 22, by inserting after expenditures:
/of technical assistance /
Amend the bill further, as and if amended, Section 1A, DEPARTMENT OF EDUCATION - EIA, paragraph 1A.20, page 348, lines 35-36 and page 349, lines 1-2, by striking the lines in their entirety.
Amend the bill further, as and if amended, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 349, paragraph 1A.20, line 5, by striking /$13,000,000/ and inserting /$6,000,000/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. GAMBRELL proposed the following Amendment No. 17 (Doc Name h:\legwork\house\amend\H-WM\007\HIGH SCHOOLS THAT WORK EIA.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 352, paragraph 1A.31, line 36, by striking: /High Schools That Work/


Printed Page 1728 . . . . . Monday, March 14, 2011

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

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

Reps. BINGHAM, HARRISON and STAVRINAKIS proposed the following Amendment No. 89 (Doc Name h:\legwork\house\amend\H-WM\007\ARTS CURRICULA GRANTS.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 352, paragraph 1A.31, line 36, by striking: /Arts Curricula Instruction/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. ANTHONY proposed the following Amendment No. 65 (Doc Name h:\legwork\house\amend\H-WM\007\CLOSING NATIONAL BOARD.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 355, paragraph 1A.43, line 28, by striking /complete/ and inserting /begin/
Amend the bill further, as and if amended, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 355, paragraph 1A.43, line 28, by striking /on or after July 1, 2010/ and inserting /before July 1, 2011/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ANTHONY explained the amendment.
Rep. BINGHAM spoke against the amendment.

Rep. BINGHAM moved to table the amendment.

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

Yeas 68; Nays 37


Printed Page 1729 . . . . . Monday, March 14, 2011

Those who voted in the affirmative are:

Agnew                  Alexander              Allison
Atwater                Bales                  Ballentine
Bannister              Battle                 Bingham
Bowen                  Brady                  Brannon
H. B. Brown            Chumley                Cole
Cooper                 Crosby                 Daning
Delleney               Dillard                Forrester
Funderburk             Gambrell               Hardwick
Harrell                Harrison               Hayes
Henderson              Hiott                  Hixon
Horne                  Huggins                Jefferson
Limehouse              Long                   Lowe
Lucas                  McEachern              McLeod
Merrill                Mitchell               Munnerlyn
Murphy                 J. H. Neal             J. M. Neal
Ott                    Parker                 Patrick
Pinson                 Pitts                  Pope
Quinn                  Rutherford             Sabb
Sellers                Simrill                Skelton
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Tallon
Toole                  Tribble                Vick
Whipper                Whitmire

Total--68

Those who voted in the negative are:

Allen                  Anderson               Anthony
Barfield               Bedingfield            Bikas
Brantley               R. L. Brown            Clemmons
Clyburn                Corbin                 Frye
Gilliard               Hamilton               Herbkersman
Hodges                 Hosey                  Knight
Loftis                 Mack                   McCoy
D. C. Moss             V. S. Moss             Nanney
Norman                 Owens                  Parks
Ryan                   G. M. Smith            G. R. Smith
Stringer               Taylor                 Thayer

Printed Page 1730 . . . . . Monday, March 14, 2011

Weeks                  White                  Willis
Young

Total--37

So, the amendment was tabled.

Rep. BINGHAM proposed the following Amendment No. 29 (Doc Name h:\H-WM\007\FUEL CARRYFORWARD.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 362, paragraph 1A.49, line 18, by inserting after year:
/and FY 2011-12 /
Amend the bill further, as and if amended, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 362, paragraph 1A.49, line 19, by striking /distributed to school districts based on the number of weighted pupil units./ and inserting /carried forward and expended for school bus fuel costs. Any unexpended funds must be carried forward and expended for the same purpose./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. BINGHAM proposed the following Amendment No. 30 (Doc Name h:\H-WM\007\MOE REQUIREMENTS.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 363, after line 8, by adding an appropriately numbered paragraph to read:
/(SDE:EIA - IDEA Maintenance of Effort) Prior to the dispersal of funds apprpriated in Section XI.A.1 Aid to Districts according to proviso 1A.48 for fiscal year 2011-12 the department shall direct $45,481,854 of the funds appropriated in Section XI.A.1 Aid To Districts to school districts and special schools for support of programs and services for students with disabilities, to meet the estimated maintenance of effort for IDEA. The Department shall distribute these funds using the current fiscal year 135-day Average Daily Membership. For continued compliance with the federal


Printed Page 1731 . . . . . Monday, March 14, 2011

maintenance of efforts requirements of the IDEA, funding for children with disabilities must, to the extent practicable, be held harmless to budget cuts or reductions to the extent those funds are required to meet federal maintenance of effort requirements under the IDEA. In the event cuts to funds that are needed to maintain fiscal effort are necessary, when administering such cuts, the Department must not reduce funding to support children with disabilities who qualify for services under the IDEA in a manner that is disproportionate to the level of overall reduction to state programs in general. By December 1, 2011 the Department must submit an estimate of the IDEA MOE requirement to the General Assembly and the Governor./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 1A, as amended, was adopted.

SECTION 1--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BINGHAM to reconsider the vote whereby Section 1, as amended, was adopted was taken up and agreed to.

Reps. BINGHAM and NORMAN proposed the following Amendment No. 99 (Doc Name h:\legwork\house\amend\H-WM\007\EEDA ALLOCATION.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 342, after line 30, by adding an appropriately numbered paragraph to read:
/ (SDE: EEDA Allocation) For Fiscal Year 2011-12 funds appropriated in Part IA, Section 1, Program IV Education and Economic Dev, if not otherwise allocated in this act, shall be allocated to districts based on Average Daily Membership. Prior to this allocation the department will fund the Regional Education Centers./
Renumber sections to conform.
Amend totals and titles to conform.

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


Printed Page 1732 . . . . . Monday, March 14, 2011

Section 1, as amended, was adopted.

SECTION 9

Section 9 was adopted.

SECTION 18

Section 18 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21--AMENDED AND ADOPTED

Rep. HERBKERSMAN proposed the following Amendment No. 75 (Doc Name h:\legwork\house\amend\H-WM\004\CAPPING IN-HOME HEALTH.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 387, paragraph 21.46, line 7, by striking /must be/ and line 8 by striking /converted/ and inserting /will be converted if feasible/
Amend the bill further, as and if amended, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 387, paragraph 21.46, line 12, by inserting after program.:
/The Department shall not expend more than $3,000,000 on this program in fiscal year 2011-2012. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. SELLERS proposed the following Amendment No. 67 (Doc Name h:\H-WM\004\DEFICIT HOSPITALS.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 387, after line 17, by adding an appropriately numbered paragraph to read:


Printed Page 1733 . . . . . Monday, March 14, 2011

/ (DHHS: Deficit Hospitals) For the Fiscal Year 2011-2012, the director of the State Medicaid Program shall not reduce provider rates to Hospitals that are operating in a deficit./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SELLERS explained the amendment.

Rep. WHITE moved to table the amendment.

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

Yeas 72; Nays 40

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Bannister              Barfield               Bedingfield
Bikas                  Bingham                Bowen
Brady                  Brannon                Chumley
Clemmons               Cole                   Cooper
Corbin                 Crosby                 Daning
Delleney               Edge                   Erickson
Forrester              Frye                   Gambrell
Hardwick               Harrell                Harrison
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Horne
Huggins                Limehouse              Loftis
Long                   Lowe                   Lucas
McCoy                  Merrill                D. C. Moss
V. S. Moss             Murphy                 Nanney
Norman                 Owens                  Parker
Patrick                Pinson                 Pitts
Pope                   Quinn                  Ryan
Sandifer               Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stringer
Tallon                 Taylor                 Thayer
Toole                  Viers                  White
Whitmire               Willis                 Young

Total--72


Printed Page 1734 . . . . . Monday, March 14, 2011

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Branham                H. B. Brown
R. L. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Hart                   Hayes
Hodges                 Hosey                  Howard
Jefferson              King                   Knight
Mack                   McEachern              McLeod
Mitchell               Munnerlyn              J. H. Neal
J. M. Neal             Ott                    Parks
Rutherford             Sabb                   Sellers
J. E. Smith            Stavrinakis            Vick
Weeks

Total--40

So, the amendment was tabled.

Reps. OTT, COBB-HUNTER and SELLERS proposed the following Amendment No. 83 (Doc Name h:\H-WM\001\21 rural provider rates half.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 387, after line 17, by adding an appropriately numbered paragraph to read:
/(DHHS: Rural Hospitals and Physicians Provider Rates) In the event the Department of Health and Human Services reduces provider rates from their current levels, the reduction in provider rates for rural hospitals and physicians serving rural areas of this state shall be one-half the reduction assessed./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. WHITE moved to table the amendment.


Printed Page 1735 . . . . . Monday, March 14, 2011

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

Yeas 59; Nays 53

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Bannister              Barfield               Bedingfield
Bikas                  Bingham                Bowen
Brady                  Chumley                Clemmons
Cole                   Cooper                 Corbin
Edge                   Erickson               Forrester
Gambrell               Hamilton               Harrell
Harrison               Hearn                  Henderson
Hixon                  Horne                  Limehouse
Loftis                 Long                   McCoy
McEachern              Merrill                D. C. Moss
V. S. Moss             Murphy                 Nanney
Norman                 Owens                  Patrick
Pitts                  Pope                   Quinn
Ryan                   Sandifer               Simrill
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Stringer               Tallon
Taylor                 Thayer                 Toole
Viers                  White                  Whitmire
Willis                 Young

Total--59

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Branham                Brannon
H. B. Brown            R. L. Brown            Butler Garrick
Clyburn                Cobb-Hunter            Daning
Delleney               Dillard                Frye
Funderburk             Gilliard               Hardwick
Hart                   Hayes                  Hiott
Hodges                 Hosey                  Howard
Jefferson              King                   Knight
Lowe                   Lucas                  Mack
McLeod                 Mitchell               Munnerlyn

Printed Page 1736 . . . . . Monday, March 14, 2011

J. H. Neal             J. M. Neal             Ott
Parker                 Parks                  Pinson
Rutherford             Sabb                   Sellers
Skelton                J. E. Smith            Spires
Stavrinakis            Tribble                Vick
Weeks                  Whipper

Total--53

So, the amendment was tabled.

Reps. OTT, COBB-HUNTER and SELLERS proposed the following Amendment No. 84 (Doc Name h:\legwork\house\amend\H-WM\001\21 rural provider rates 3%.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 387, after line 17, by adding an appropriately numbered paragraph to read:
/(DHHS: Rural Hospitals and Physicians Provider Rates) In the event the Department of Health and Human Services reduces provider rates from their current levels, the reduction in provider rates for rural hospitals and physicians serving rural areas of this state shall not be more than three percent./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. OTT explained the amendment.
Rep. SELLERS spoke in favor of the amendment.
Rep. SELLERS spoke in favor of the amendment.
Rep. WHITE spoke against the amendment.
Rep. BINGHAM spoke against the amendment.
Rep. BRANHAM spoke in favor of the amendment.

Rep. WHITE moved to table the amendment.

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

Yeas 68; Nays 42


Printed Page 1737 . . . . . Monday, March 14, 2011

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Bannister              Bedingfield            Bikas
Bingham                Bowen                  Brady
Brannon                Chumley                Clemmons
Cole                   Cooper                 Corbin
Crosby                 Daning                 Delleney
Edge                   Erickson               Forrester
Frye                   Gambrell               Hamilton
Hardwick               Harrell                Harrison
Hearn                  Henderson              Herbkersman
Hixon                  Horne                  Loftis
Long                   Lowe                   Lucas
McCoy                  Merrill                D. C. Moss
V. S. Moss             Murphy                 Nanney
Norman                 Owens                  Parker
Patrick                Pinson                 Pitts
Pope                   Quinn                  Ryan
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Thayer                 Toole
Viers                  White                  Whitmire
Willis                 Young

Total--68

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Branham                H. B. Brown
R. L. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Hayes                  Hiott
Hodges                 Hosey                  Howard
Jefferson              King                   Knight
Mack                   McEachern              McLeod
Mitchell               Munnerlyn              J. H. Neal
J. M. Neal             Ott                    Parks
Sabb                   Sellers                Skelton

Printed Page 1738 . . . . . Monday, March 14, 2011

J. E. Smith            Stavrinakis            Tribble
Vick                   Weeks                  Whipper

Total--42

So, the amendment was tabled.

Reps. WHITE and COBB-HUNTER proposed the following Amendment No. 98 (Doc Name h:\legwork\house\amend\H-WM\004\DHHS ACCOUNTABILITY REPORTING.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 387, after line 17, by adding an appropriately numbered paragraph to read:
/ (DHHS:Medicaid Reporting) Within 90 days of the end of each quarter in FY 2011-2012, the department shall report each cost-savings measure implemented. By county, the department shall report the number of enrolled and active providers by provider type, provider specialty and sub-specialty, the number of recipients, the number of recipients by provider type, the expenditures by provider type and specialty, and service level utilization trends. The department shall continue to annually report HEDIS measures, noting where measures improve or decline. Each report shall be submitted to Chairman of the Senate Finance Committee, the Chairman of the Ways and Means Committee, and be transparent on the department's website./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. J. E. SMITH and COBB-HUNTER proposed the following Amendment No. 101 (Doc Name H:\NBD\11474AC11.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 387, after line 17, by inserting:
/21. (DHHS Medicaid Expansion Fund) Notwithstanding the provisions of Section 12-23-810(C), for fiscal year 2011-2012 the amount of the hospital tax generated, collected, and deposited pursuant


Printed Page 1739 . . . . . Monday, March 14, 2011

to Article 11, Chapter 23, Title 12 must be increased by forty million dollars and expended as provided for in Section 44-6-155.     /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.

Rep. WHITE moved to table the amendment.

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

Yeas 70; Nays 40

Those who voted in the affirmative are:

Atwater                Ballentine             Bannister
Barfield               Bedingfield            Bikas
Bingham                Bowen                  Brady
Chumley                Clemmons               Cole
Cooper                 Corbin                 Crosby
Daning                 Delleney               Edge
Erickson               Forrester              Frye
Gambrell               Hamilton               Hardwick
Harrell                Harrison               Hearn
Henderson              Herbkersman            Hiott
Hixon                  Horne                  Limehouse
Loftis                 Long                   Lowe
Lucas                  McCoy                  Merrill
D. C. Moss             V. S. Moss             Murphy
Nanney                 Norman                 Owens
Parker                 Patrick                Pinson
Pitts                  Pope                   Quinn
Ryan                   Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stringer               Tallon                 Taylor
Thayer                 Toole                  Viers

Printed Page 1740 . . . . . Monday, March 14, 2011

White                  Whitmire               Willis
Young

Total--70

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Bales
Battle                 Branham                Brannon
H. B. Brown            R. L. Brown            Butler Garrick
Clyburn                Cobb-Hunter            Dillard
Funderburk             Gilliard               Hayes
Hodges                 Hosey                  Howard
Jefferson              Knight                 Mack
McEachern              McLeod                 Mitchell
Munnerlyn              J. H. Neal             J. M. Neal
Ott                    Rutherford             Sabb
Sellers                J. E. Smith            Stavrinakis
Tribble                Vick                   Weeks
Whipper

Total--40

So, the amendment was tabled.

Rep. ATWATER proposed the following Amendment No. 104 (Doc Name H:\COUNCIL\NBD\11476DG11.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 21, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 385, line 24, by striking paragraph 21.46 in its entirety and inserting:
/21.46. (DHHS: In-Home Health Care Systems for Medicaid Recipients) The Department of Health and Human Services, during Fiscal Year 2011-12, within the funds appropriated or made available by the General Assembly or within federal Medicaid funds made available for this purpose, but not to exceed three million dollars in the aggregate, upon application by the department, shall pilot test an in-home health care system in a minimum of five counties of this State with the highest incidence of emergency room use during Fiscal Year 2009-10 by Medicaid recipients. The pilot test must include a statistically valid sample of Medicaid patients within the counties as determined by the Director of the Deapartment of Health and Human


Printed Page 1741 . . . . . Monday, March 14, 2011

Services. This program shall provide a state-of-the-art in-home health care system which provides around the clock access to medical assessment care and additionally provides an emergency response function that gives a Medicaid recipient the ability to contact a local emergency response center.

The purpose of the program is to reduce the amount of emergency room visits in nonemergency cases and to reduce the amount of visits to other medical care facilities in order to save on the cost of providing this care and in order to provide better health care.

The in-home health care system option must consist of three main components:

(1)   the medical console and wireless transmitter;

(2)   the medical triage center; and

(3)   the emergency response call center.

The medical console and wireless transmitter must have the following capabilities:

(1)   the medical console must be capable of communication between two separate call centers, one of which is a monitoring facility to provide certified medical triage care twenty-four hours a day and the other of which is a monitoring facility to provide emergency response services twenty-four hours a day.

(2)   the wireless transmitter for the medical console must have two buttons, one for transmitting a signal to the console to contact the emergency response monitoring facility, and the second button also must send a wireless signal to the console to trigger contact with the medical triage center.

(3)   the medical console must be able to send a report/event code to the emergency response call center after a medical triage center call has been placed.

(4)   an emergency button on the medical console must include Braille for the sight impaired.

The medical triage center must have or be:

(1)   open twenty-four hours a day, three hundred sixty-five days a year;

(2)   a call center must be located in the United States;

(3)   Utilization Review Accreditation Commission (URAC) accredited;

(4)   on call availability of a South Carolina licensed physician, twenty-four hours, seven days a week for guidance or review of clinical calls as needed;


Printed Page 1742 . . . . . Monday, March 14, 2011

(5)   registered nurses with a minimum of ten years experience available to answer all calls;

(6)   all calls digitally recorded and archived, and a triage report prepared and sent;

(7)   daily monitoring of communications with the call center;

(8)   fully HIPAA compliant;

(9)   bilingual staff in English and Spanish;

(10)   a mechanism that ensures that a caller will never receive a busy signal or voice mail when accessing the nurse advice line;

(11)   clinical staff able to serve pediatric, adolescent, adult, and senior populations, as well as health care expertise in a variety of clinical areas such as emergency room, pediatrics, critical care, oncology, cardiology, pulmonary, geriatrics, obstetrics/gynecology and general medicine; and

(12)   the infrastructure in place to allow the telephone network to digitally communicate with the medical console for incoming call connection, call disconnect, and client file access.

The emergency response call center must:

(1)   be open twenty-four hours a day, three hundred sixty-five days a year;

(2)   be located in South Carolina;

(3)   maintain a digital receiver capable of processing two-way voice audio using multiple formats.

Facilities, emergency response and the medical triage center, shall offer all recipients selected by the department unlimited use of services provided by the emergency monitoring and medical triage facilities at no additional cost burden to the State.

The pilot-testing program must be conducted for the current fiscal year. The department in developing and administering this program is authorized to take such actions as may be required, including making requests for Medicaid waivers when necessary.

The department, in implementing this program on a pilot-testing basis, also is authorized to contract with a third-party provider or vendor to furnish and operate the program or a physician's office that provides a similar patient service.   /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ATWATER explained the amendment.


Printed Page 1743 . . . . . Monday, March 14, 2011

Rep. HERBKERSMAN spoke in favor of the amendment.

The amendment was then adopted.

The question then recurred to the adoption of the Section.

The yeas and nays were taken resulting as follows:

Yeas 71; Nays 32

Those who voted in the affirmative are:

Atwater                Bales                  Ballentine
Barfield               Battle                 Bikas
Bingham                Bowen                  Brady
Brannon                H. B. Brown            Chumley
Clemmons               Cole                   Cooper
Corbin                 Crosby                 Daning
Delleney               Edge                   Erickson
Forrester              Frye                   Gambrell
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Limehouse              Loftis                 Long
Lowe                   Lucas                  McCoy
Merrill                D. C. Moss             V. S. Moss
Nanney                 Norman                 Owens
Parker                 Patrick                Pinson
Pitts                  Pope                   Quinn
Ryan                   Sandifer               Simrill
Skelton                G. R. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble
Viers                  White                  Whitmire
Willis                 Young

Total--71

Those who voted in the negative are:

Agnew                  Alexander              Allen
Anderson               Anthony                Branham
R. L. Brown            Butler Garrick         Clyburn

Printed Page 1744 . . . . . Monday, March 14, 2011

Cobb-Hunter            Dillard                Funderburk
Gilliard               Hayes                  Hodges
Hosey                  Howard                 Jefferson
Knight                 Mack                   McEachern
McLeod                 Mitchell               Munnerlyn
J. H. Neal             J. M. Neal             Ott
Rutherford             Sabb                   Sellers
Vick                   Weeks

Total--32

Section 21, as amended, was adopted.

Rep. MURPHY moved that the House do now adjourn, which was adopted.

Further proceedings were interrupted by the House adjourning.

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, 68D, 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, 86, 86A, 87 and 88; Part 1B, Sections 1, 1A, 2, 3, 4, 5, 6, 9, 14, 15, 17, 18, 19, 20, 21, 25, 27, 28, 29, 32, 37, 38, 44, 47, 49, 50, 53, 58, 59, 62, 63, 66, 71, 73, 74, 75, 76, 78, 80C, 82, 83 and 84 were adopted and the motion was noted.

MOTION ADOPTED

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

STATEMENT BY REP. COOPER

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


Printed Page 1745 . . . . . Monday, March 14, 2011

ADJOURNMENT

At 7:32 p.m. the House, in accordance with the motion of Rep. PARKER, adjourned in memory of Mr. James "Jimmy" Foster of Spartanburg, to meet at 9:30 a.m. tomorrow.

***

This web page was last updated on Wednesday, November 23, 2011 at 1:39 P.M.