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


Printed Page 1575 . . . . . Thursday, March 13, 2003

Thursday, March 13, 2003
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 22:28: "Dominion belongs to the Lord, and He rules over the nations."
Let us pray. Heavenly Father, You promise that all things work for good in Your realm. You give us all that we need to bring the world closer to perfection. Make us now instruments and channels of Your presence and power. Give us insight to do the right thing. Hear us, Merciful God. Amen.

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

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

MOTION ADOPTED

Rep. J. HINES moved that when the House adjourns, it adjourn in memory of Rev. John Allsbrook of Darlington, which was agreed to.

R. 17, H. 3615--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

March 12, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211

Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3615 (Word version), R.17, a Joint Resolution:


Printed Page 1576 . . . . . Thursday, March 13, 2003

A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON DECEMBER 5, 2002, AND JANUARY 23 AND 24, 2003, BY THE STUDENTS OF LAURENS COUNTY SCHOOL DISTRICT NO. 55 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
This veto is based upon my belief that H. 3615, R.17 is unconstitutional.
Though well-intentioned as it might be, H. 3615, R.17 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). The General Assembly should establish a general statute that sets forth the general types of events or occasions when missed school days should be exempted from the make-up requirement. The recurring nature of legislation like H. 3615, R.17 demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.
In summary, I believe the specific nature of H. 3615, R.17 renders this Joint Resolution unconstitutional. For this reason, I am returning H. 3615, R.17 to you without my signature.

Sincerely,
Mark Sanford
Governor

R. 13, H. 3430--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

March 12, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211


Printed Page 1577 . . . . . Thursday, March 13, 2003

Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3430 (Word version), R.13, a Joint Resolution:
A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON DECEMBER 4, 5, AND 6, 2002, AND JANUARY 17, 23, AND 24, 2003, BY THE STUDENTS OF CHEROKEE COUNTY SCHOOL DISTRICT 1 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
This veto is based upon my belief that H. 3430, R.13 is unconstitutional.
Though well-intentioned as it might be, H. 3430, R.13 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). The General Assembly should establish a general statute that sets forth the general types of events or occasions when missed school days should be exempted from the make-up requirement. The recurring nature of legislation like H. 3430, R.13 demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.
In summary, I believe the specific nature of H. 3430, R.13 renders this Joint Resolution unconstitutional. For this reason, I am returning H. 3430, R.13 to you without my signature.

Sincerely,
Mark Sanford
Governor

R. 18, H. 3633--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

March 12, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives


Printed Page 1578 . . . . . Thursday, March 13, 2003

State House
Post Office Box 11867
Columbia, South Carolina 29211

Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3633 (Word version), R.18, a Joint Resolution:
A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 23, 2003, AND JANUARY 24, 2003, BY THE STUDENTS OF ANY SCHOOL IN THE LAURENS COUNTY SCHOOL DISTRICT NUMBER FIFTY-SIX WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
This veto is based upon my belief that H. 3633, R.18 is unconstitutional.
Though well-intentioned as it might be, H. 3633, R.18 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). The General Assembly should establish a general statute that sets forth the general types of events or occasions when missed school days should be exempted from the make-up requirement. The recurring nature of legislation like H. 3633, R.18 demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.
In summary, I believe the specific nature of H. 3633, R.18 renders this Joint Resolution unconstitutional. For this reason, I am returning H. 3633, R.18 to you without my signature.

Sincerely,
Mark Sanford
Governor


Printed Page 1579 . . . . . Thursday, March 13, 2003

REPORTS OF STANDING COMMITTEES

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

S. 457 (Word version) -- Senators Patterson, Jackson, Giese and Courson: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE SC-277 PEDESTRIAN OVERPASS IN RICHLAND COUNTY AS THE "CONGRESSMAN JAMES E. CLYBURN PEDESTRIAN OVERPASS" FOR HIS ENORMOUS EFFORTS IN OBTAINING THE FUNDS FROM THE UNITED STATES CONGRESS NECESSARY TO BUILD THIS OVERPASS.
Ordered for consideration tomorrow.

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

S. 66 (Word version) -- Senators Knotts, Setzler and Moore: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF U.S. HIGHWAY 1 THAT RUNS FROM INTERSTATE 20 TO THE OAK GROVE AREA IN LEXINGTON COUNTY IN HONOR OF THE LATE F. W. "BILLY" CAUGHMAN FOR HIS COMMUNITY, CIVIC, AND POLITICAL IMPACT ON THE CITY OF LEXINGTON AND LEXINGTON COUNTY AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER MR. CAUGHMAN'S CONTRIBUTIONS TO THE COMMUNITY.
Ordered for consideration tomorrow.

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

S. 135 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME INTERSTATE 385 IN LAURENS COUNTY AS THE "VETERANS MEMORIAL HIGHWAY" IN HONOR AND MEMORY OF THE VETERANS OF LAURENS COUNTY FOR THEIR FAITHFUL SERVICE TO THIS STATE AND OUR NATION AND REQUEST THAT THE DEPARTMENT ERECT


Printed Page 1580 . . . . . Thursday, March 13, 2003

APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.

Rep. KIRSH, from the York Delegation, submitted a favorable report on:

S. 454 (Word version) -- Senators Hayes, Peeler and Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE FOUR SCHOOL DISTRICTS IN YORK COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICTS TO USE COMBINATIONS OF THESE AS APPROPRIATE FOR A PARTICULAR SCHOOL, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3791 (Word version) -- Rep. Parks: A HOUSE RESOLUTION TO COMMEND LEILA P. MCMILLAN OF MCCORMICK COUNTY FOR HER CONTRIBUTION TO THE MCCORMICK COUNTY SENIOR CENTER AT WHICH SHE HAS SERVED AS EXECUTIVE DIRECTOR SINCE ITS CREATION AND CONGRATULATE HER ON THE OCCASION OF HER RETIREMENT AFTER THIRTY-ONE YEARS OF SERVICE.

The Resolution was adopted.


Printed Page 1581 . . . . . Thursday, March 13, 2003

INTRODUCTION OF BILLS

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

H. 3792 (Word version) -- Rep. Harvin: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
Referred to Clarendon Delegation

H. 3793 (Word version) -- Reps. Gilham, Ceips 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 TO 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 CONTROL OVER THESE MATTERS, INCLUDING USE OF BUDGETED FUNDS, EMPLOYEE CLASSIFICATIONS, COMPENSATION, AND PROMOTIONS.
Referred to Committee on Judiciary

H. 3794 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 23, 2003, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. HAYES, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.


Printed Page 1582 . . . . . Thursday, March 13, 2003

ROLL CALL

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

Allen                  Altman                 Anthony
Bales                  Barfield               Battle
Bingham                Bowers                 Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Dantzler               Duncan
Emory                  Freeman                Frye
Gilham                 Gourdine               Govan
Hagood                 Harrell                Hayes
Herbkersman            J. Hines               Hinson
Hosey                  Howard                 Keegan
Kennedy                Kirsh                  Koon
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         J. M. Neal             Neilson
Owens                  Parks                  Perry
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Richardson
Rivers                 Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            J. E. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
Weeks                  Whipper                White
Whitmire               Wilkins                Witherspoon
Young


Printed Page 1583 . . . . . Thursday, March 13, 2003

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 13.

Lester P. Branham                 Chip Huggins
Mack Hines                        Greg Delleney
Joel Lourie                       George Bailey
Vincent Sheheen                   James Harrison
Tracy Edge                        Ralph Davenport
Bill Cotty                        Richard Quinn
Glenn Hamilton                    Todd Rutherford
Joseph Neal                       Olin Phillips
Gloria Haskins                    Alex Harvin
Douglas Jennings

Total Present--122

DOCTOR OF THE DAY

Announcement was made that Dr. John B. Dubose of Camden is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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


Printed Page 1584 . . . . . Thursday, March 13, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3777 (Word version)
Date:   ADD:
03/13/03   SHEHEEN

CO-SPONSOR ADDED

Bill Number:   H. 3128 (Word version)
Date:   ADD:
03/13/03   HARRISON

CO-SPONSOR ADDED

Bill Number:   H. 3128 (Word version)
Date:   ADD:
03/13/03   GOVAN

CO-SPONSOR ADDED

Bill Number:   H. 3128 (Word version)
Date:   ADD:
03/13/03   GILHAM

CO-SPONSOR ADDED

Bill Number:   H. 3128 (Word version)
Date:   ADD:
03/13/03   MARTIN

CO-SPONSOR ADDED

Bill Number:   H. 3128 (Word version)
Date:   ADD:
03/13/03   STILLE

CO-SPONSOR ADDED

Bill Number:   H. 3128 (Word version)
Date:   ADD:
03/13/03   SINCLAIR

CO-SPONSOR ADDED

Bill Number:   H. 3128 (Word version)
Date:   ADD:
03/13/03   J. E. SMITH


Printed Page 1585 . . . . . Thursday, March 13, 2003

CO-SPONSOR ADDED

Bill Number:   H. 3128 (Word version)
Date:   ADD:
03/13/03   W. D. SMITH

CO-SPONSOR REMOVED

Bill Number:   H. 3409 (Word version)
Date:   REMOVE:
03/13/03   LITTLEJOHN

CO-SPONSOR REMOVED

Bill Number:   H. 3780 (Word version)
Date:   REMOVE:
03/13/03   MCLEOD

H. 3749--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 166, Section 10, Part IB.

H. 3749--THE GENERAL APPROPRIATION BILL

SECTION 10--ADOPTED

Rep. QUINN proposed the following Amendment No. 166 (Doc Name h:\legwork\house\amend\h-wm\003\propertyrevenue.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 387, paragraph 6, line 35, after /these funds on/ by inserting:
/other operating expenses or on/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. BOWERS proposed the following Amendment No. 303 (Doc Name h:\legwork\house\amend\h-wm\008\vetnursehmcapsale.doc), which was tabled:


Printed Page 1586 . . . . . Thursday, March 13, 2003

Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 387, paragraph 6, line 35, after "improvements" by inserting:
/with priority given to maximization of any federal funds available for projects that are currently approved for construction that will benefit veterans of the State followed by other projects/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BOWERS explained the amendment.

Rep. RICE moved to table the amendment.

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

Yeas 67; Nays 38

Those who voted in the affirmative are:

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

Printed Page 1587 . . . . . Thursday, March 13, 2003

Whitmire               Wilkins                Witherspoon
Young

Total--67

Those who voted in the negative are:

Allen                  Anthony                Bailey
Bales                  Bowers                 Branham
Breeland               G. Brown               R. Brown
Clark                  Clyburn                Cobb-Hunter
Emory                  Freeman                Gourdine
Govan                  Hayes                  J. Hines
M. Hines               Hosey                  Kennedy
Koon                   Lloyd                  Mack
McLeod                 Miller                 Moody-Lawrence
J. M. Neal             Neilson                Rhoad
Rivers                 Scott                  Sheheen
F. N. Smith            J. E. Smith            Snow
Weeks                  Whipper

Total--38

So, the amendment was tabled.

Section 10 was adopted.

SECTION 13--AMENDED AND ADOPTED

Rep. RICE proposed the following Amendment No. 156 (Doc Name h:\legwork\house\amend\h-wm\003\wedlock.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 390, paragraph 6, line 19, by striking: /and Out of Wedlock Pregnancy/
Amend the bill further, as and if amended, page 390, paragraph 6, lines 22-26, by striking:/The department shall continue to contract, at the same funding level for the same purposes, with local prevention programs that meet the requirements of Section 44-122-40(A)(1) and (2) of the South Carolina Code using TANF funds as authorized by Sections 401 and 402 of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 relating to prevention of out-of-wedlock pregnancies. An amount equal to ten percent of such funds


Printed Page 1588 . . . . . Thursday, March 13, 2003

shall be used to provide technical assistance to these local programs through the same agency under contract for this purpose during FY 02 and FY 03./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. DAVENPORT proposed the following Amendment No. 269 (Doc Name h:\legwork\house\amend\h-wm\003\daycaretransfer.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 394, after line 17, by adding an appropriately numbered paragraph to read:
/(DSS: Day Care Licensing) Funding for Day Care Licensing in Part IA, Section 13, Department of Social Services, must be transferred to the Department of Health and Environmental Control by September 1, 2003. The amount to be transferred must be $2,458,618 in total funds and $55,204 in general funds. The number of FTE's to be transferred must be 13.00 total funds and 1.17 general funds. The Director of the Office of State Budget must provide for this transfer after conferring with the directors of state agencies affected by this provision. The Department of Health and Environmental Control must consider employees of the Department of Social Services working in Day Care Licensing for employment with the Department of Health and Environmental Control in a similar capacity./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. QUINN proposed the following Amendment No. 116 (Doc Name h:\legwork\house\amend\h-wm\003\13.27costshareplan.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 394, paragraph 27, lines 8-9, by striking /as defined by regulations of the State Budget and Control Board/ and inserting after the period a new sentence to read: /The board shall submit the plan for coordination of care and cost


Printed Page 1589 . . . . . Thursday, March 13, 2003

sharing by state agencies to the State Budget and Control Board for review prior to implementation of the plan./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 13, as amended, was adopted.

SECTION 14

Section 14 was adopted.

SECTION 17

Section 17 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 21--RECONSIDERED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 21 was adopted was taken up and agreed to.

Reps. FREEMAN and NEILSON proposed the following Amendment No. 101 (Doc Name h:\legwork\house\amend\h-wm\009\forestry $$toschools.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 21, FORESTRY COMMISSION, page 398, paragraph 1, lines 19-21, by striking the proviso in its entirety and inserting /From total funds appropriated and/or authorized to the State Forestry Commission, the commission is directed to remit to the State Treasurer an amount equal to twenty-five percent of the gross proceeds retained by the commission in FY 2002-03 authorized by proviso 21.5 of Act 289 of 2002, which otherwise would have been received by the State pursuant to Section 48-23-260 from the sale of timber, pulpwood, poles, gravel, land rentals, and other privileges on State Forestry Commission lands. These funds shall be remitted in four equal installments over a four year period. The State Treasurer is directed to apportion such funds according to the provisions of Section 48-23-260. /


Printed Page 1590 . . . . . Thursday, March 13, 2003

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

Rep. LUCAS explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. LUCAS continued speaking.
Rep. LITTLEJOHN spoke against the amendment.
Rep. HARRELL spoke against the amendment.

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

SPEAKER IN CHAIR

LEAVE OF ABSENCE

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

AMENDMENT NO. 101--MOTION TO RECONSIDER TABLED

Rep. SIMRILL moved to reconsider the vote whereby Amendment No. 101 was tabled.

Rep. HARRELL moved to table the motion to reconsider.

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

Yeas 70; Nays 39

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Bingham                Bowers                 Cato
Ceips                  Chellis                Clark
Clemmons               Cobb-Hunter            Cooper
Cotty                  Dantzler               Duncan
Edge                   Frye                   Gilham
Gourdine               Hagood                 Hamilton
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Huggins
Keegan                 Kennedy                Kirsh

Printed Page 1591 . . . . . Thursday, March 13, 2003

Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Mahaffey
Martin                 McCraw                 McGee
Merrill                Owens                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rice
Richardson             Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            J. R. Smith            Stewart
Taylor                 Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  White
Whitmire               Wilkins                Witherspoon
Young

Total--70

Those who voted in the negative are:

Anthony                Bales                  Battle
Branham                Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Coleman                Delleney               Emory
Freeman                Govan                  J. Hines
M. Hines               Hosey                  Howard
Jennings               Lee                    Lloyd
Lourie                 Lucas                  Mack
McLeod                 Miller                 J. H. Neal
J. M. Neal             Neilson                Parks
Sheheen                G. M. Smith            J. E. Smith
Snow                   Stille                 Talley
Thompson               Weeks                  Whipper

Total--39

So, the motion to reconsider was tabled.

Reps. FREEMAN, NEILSON and LUCAS proposed the following Amendment No. 172 (Doc Name h:\legwork\house\amend\h-wm\009\forestry$$toschools.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 21, FORESTRY COMMISSION, page 398, paragraph 1, line 19-21, by striking the


Printed Page 1592 . . . . . Thursday, March 13, 2003

proviso in its entirety and inserting /From total funds appropriated and/or authorized to the State Forestry Commission, the commission is directed to remit to the State Treasurer an amount equal to twenty-five percent of the gross proceeds retained by the commission in FY 2002-03 authorized by proviso 21.5 of Act 289 of 2002, which otherwise would have been received by the State pursuant to Section 48-23-260 from the sale of timber, pulpwood, poles, gravel, land rentals, and other privileges on State Forestry Commission lands. These funds shall be remitted in four equal installments over a four year period. The State Treasurer is directed to apportion such funds according to the provisions of Section 48-23-260. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. FREEMAN explained the amendment.

Rep. NEILSON spoke in favor of the amendment.
Rep. G. M. SMITH spoke in favor of the amendment.
Rep. LUCAS spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 68; Nays 39

Those who voted in the affirmative are:

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

Printed Page 1593 . . . . . Thursday, March 13, 2003

Perry                  Phillips               E. H. Pitts
M. A. Pitts            Quinn                  Rice
Richardson             Sandifer               Scarborough
Sinclair               Skelton                D. C. Smith
J. R. Smith            W. D. Smith            Talley
Taylor                 Thompson               Toole
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--68

Those who voted in the negative are:

Allen                  Anthony                Bales
Branham                Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Coleman                Delleney               Emory
Freeman                Govan                  J. Hines
M. Hines               Hosey                  Howard
Jennings               Lee                    Lloyd
Lourie                 Lucas                  Mack
McLeod                 Miller                 J. M. Neal
Neilson                Parks                  Rutherford
Scott                  Sheheen                Simrill
F. N. Smith            G. M. Smith            J. E. Smith
Stille                 Weeks                  Whipper

Total--39

So, the amendment was tabled.

Section 21 was adopted.

SECTION 22--AMENDED AND ADOPTED

Rep. MCLEOD proposed the following Amendment No. 39 (Doc Name h:\legwork\house\amend\h-wm\009\delagcommsuspension. doc), which was tabled:


Printed Page 1594 . . . . . Thursday, March 13, 2003

Amend the bill, as and if amended, Part IB, Section 22, DEPARTMENT OF AGRICULTURE, page 400, paragraph 22.10, lines 8-10, by striking the proviso in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MCLEOD explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. MCLEOD continued speaking.

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

Rep. WITHERSPOON proposed the following Amendment No. 233 (Doc Name h:\legwork\house\amend\council\gjk\20325sd03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 22, DEPARTMENT OF AGRICULTURE, page 400, by adding a new paragraph appropriately numbered to read:
/     22.___.   During fiscal year 2003-2004, the interest rate required to be paid to the Insurance Reserve Fund in connection with its loan to the Grain Dealers Guaranty Fund under Section 46-40-50 shall be the average prime rate of the five largest banks in South Carolina by deposits and not the interest rate specified by Section 34-31-20(A). /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. WITHERSPOON explained the amendment.

SPEAKER IN CHAIR

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

Section 22, as amended, was adopted.

SECTION 26

Section 26 was adopted.


Printed Page 1595 . . . . . Thursday, March 13, 2003

SECTION 27--ADOPTED

Reps. G. M. SMITH and WEEKS proposed the following Amendment No. 100 (Doc Name council\ghk\20314djc03krl.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 406, beginning on line 7, by striking paragraph 27.14 and inserting:
/   27.14.   (CMRC: Coordinating Council Funds)   (A)   Notwithstanding another provision of law from the amount set aside pursuant to Section 12-28-2910 of the 1976 Code, the council is authorized to expend funds which were not obligated or committed as of July 1 of the current fiscal year only for the purposes of water/sewer projects, road construction/improvement projects, and for site preparation necessary for the construction or expansion of an industry or business facility, and for planning, coordinating, and implementing efforts to promote South Carolina's interests in preserving existing bases and military missions within the State, and in locating future military bases and missions in the State. Site preparation is defined as surveying, environmental and geo-technical study and mitigation, clearing, filling, and grading. Planning, coordinating, and implementing efforts to promote South Carolina's interests in preserving existing bases and military missions includes, but is not limited to, providing funds to the governing bodies of counties having military bases, to be used in local campaigns to preserve existing bases in those counties, in locating future military bases and missions in the State, and in taking other actions as the governing body of a county considers necessary or advisable in the furtherance of preserving or locating an existing or future base or mission within the State.

From the amount set aside pursuant to Section 12-28-2910 of the 1976 Code, and as soon as practicable during the current fiscal year, the council shall forward not less than one hundred thousand dollars to each of the governing bodies of Beaufort, Charleston, Richland, and Sumter Counties, for use by the governing bodies of those counties in a manner consistent with preserving existing military bases and missions within the State, and attracting future military bases and missions to this State.

The Coordinating Council shall annually prepare a detailed report each year for submission to the General Assembly by March 15 of each year which itemizes the expenditures from the fund for the preceding calendar year. Such The report shall include an identification of the


Printed Page 1596 . . . . . Thursday, March 13, 2003

following information: a) company name, county governing body, or confidential project number; b) location of the project or existing or future military base or mission; c) amount of grant award; and d) scope of grant award.

The General Assembly shall not appropriate funds, and shall not direct the Coordinating Council to extend loans or grants nor shall the Coordinating Council extend any loans or grants from the amount set aside pursuant to Section 12-28-2910 for any purpose other than those listed in this proviso. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. G. M. SMITH explained the amendment.
Rep. HARRELL spoke against the amendment.

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

Section 27 was adopted.

Rep. PERRY proposed the following Amendment No. 104 (Doc Name h:\legwork\house\amend\h-wm\005\29aredcliffe.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 29A, S.C. CONSERVATION BANK, page 407, after line 3, by adding an appropriately numbered section with a new appropriately numbered paragraph to read:
/(SCCB: PRT transfer) Of funds authorized to the SC Conservation Bank, in FY 03-04 $40,898 shall be transferred to the Department of Parks, Recreation and Tourism Subfund 4279 Gifts & Endowments for replenishing funds taken from the Redcliffe Plantation account./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. PERRY explained the amendment.

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Amendment No. 104 was out of order under Rule 5.4 in that it attempted to provide an appropriation to pay for a private entity for the State.


Printed Page 1597 . . . . . Thursday, March 13, 2003

SPEAKER WILKINS stated that Redcliffe Plantation was owned by the Department of Parks, Recreation and Tourism and was not a private entity. He therefore overruled the Point of Order.

Rep. LOURIE moved to table the amendment, which was agreed to by a division vote of 46 to 30.

SECTION 30

Section 30 was adopted.

SECTION 31

Section 31 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 33--AMENDED AND ADOPTED

Rep. MCGEE proposed the following Amendment No. 276 (Doc Name h:\legwork\house\amend\h-wm\010\worthlesscheckfee.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 33, PROSECUTION COORDINATION COMMISSION, page 411, paragraph 33, lines 20-22, by striking /The Prosecution Coordination Commission shall approve a fee schedule recommended by the 16 Circuit Solicitors, which must be implemented if a Circuit Solicitor establishes a Worthless Check Unit as permitted herein./ and inserting /The fee schedule shall be fifty dollars for checks up to $500, one hundred dollars for checks $501-$1,000, and one hundred-fifty dollars for checks $1,001 or greater./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 33, as amended, was adopted.

MOTION NOTED

Rep. M. A. PITTS moved to reconsider the vote whereby Amendment No. 104 was tabled and the motion was noted.


Printed Page 1598 . . . . . Thursday, March 13, 2003

SECTION 34

Section 34 was adopted.

SECTION 35--AMENDED AND ADOPTED

Rep. G. M. SMITH proposed the following Amendment No. 90 (Doc Name council\swb\amend\5268djc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 35, COMMISSION ON INDIGENT DEFENSE, page 414, paragraph 35.7, by deleting the paragraph in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. G. M. SMITH explained the amendment.

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

Reps. SHEHEEN and G. M. SMITH proposed the following Amendment No. 155 (Doc Name h:\legwork\house\amend\ council\ggs\22962htc03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 35, COMMISSION ON INDIGENT DEFENSE, page 415, by striking lines 18, 19, 20, and inserting / juvenile /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LIMEHOUSE spoke in favor of the amendment.

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Amendment No. 155 was out of order under Rule 5.3 in that it was not germane to the Bill.
SPEAKER WILKINS stated that the amendment was germane to the Bill and he overruled the Point of Order.

Rep. SHEHEEN spoke in favor of the amendment.
The amendment was then adopted.


Printed Page 1599 . . . . . Thursday, March 13, 2003

POINT OF ORDER
PROVISO 35.7 RULED OUT OF ORDER

Rep. PERRY raised the Point of Order that Proviso 35.7 was out of order in that it was in violation of Rule 5.3 in that it was not related to the appropriation of state funds.
SPEAKER WILKINS sustained the Point of Order, ruled Section 35.7 out of order and ordered it stricken from the Bill.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Proviso 35.12 (D) was out of order under Rule 5.3 B in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Proviso 35.12 (E) was out of order under Rule 5.3 B in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Proviso 35.12 (F) was out of order under Rule 5.3 B in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

SPEAKER PRO TEMPORE IN CHAIR

Reps. LEACH and LIMEHOUSE proposed the following Amendment No. 268 (Doc Name h:\legwork\house\amend\ council\dka\3341dw03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 35, COMMISSION ON INDIGENT DEFENSE, page 416, paragraph 35.13, line 3, by inserting:
/ Provided, however, in those counties which contract with appointed counsel for the defense of indigents other than the public defender, one-half of the fee collected may be remitted by the Clerk of Court to the county which contracts for payment for these services. /
Renumber sections to conform.
Amend totals and titles to conform.

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


Printed Page 1600 . . . . . Thursday, March 13, 2003

SPEAKER IN CHAIR

Section 35, as amended, was adopted.

SECTION 36--AMENDED AND ADOPTED

Reps. TOWNSEND, GILHAM and LOURIE proposed the following Amendment No. 302 (Doc Name h:\legwork\house\amend\h-wm\011\dmvreformactnodate.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 419, paragraph 27, line 28, by inserting at the end:
/During the fifth year of a ten-year license, the licensee must submit by mail to the department a certificate from a person authorized by law in this State to screen eyes or appear in person at a department office to complete a vision screening. If a licensee fails to submit a certificate or fails to appear in person, the licensee must be fined fifty dollars. The department shall waive the fine if the person completes the requirements of this section within ninety days after the end of the fifth year of a ten-year license. This fine must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses incurred by this section. Interest accrued by this account must remain in this account. A vision screening will not be required before October 1, 2008, if a licensee is less than sixty-five years of age, his license expires on his birth date on the fifth calendar year after the calendar year in which it was issued, and his license is renewed for an additional five years by mail or electronically. If a licensee is sixty-five years of age or older and his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, then he may renew his license by mail for an additional five years upon submission of a certificate from a person authorized by law in this State to screen eyes./
Renumber sections to conform.
Amend totals and titles to conform.

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

POINT OF ORDER

Rep. RICE raised the Point of Order that Amendment No. 302 was out of order under Rule 5.3 in that it was not germane to the Bill.


Printed Page 1601 . . . . . Thursday, March 13, 2003

SPEAKER WILKINS stated that the amendment had been previously adopted and was now a part of the section. He cited a 1992 precedent in which Speaker Sheheen overruled a Point of Order raised that an amendment cannot be ruled nongermane once it becomes a part of the subsection. He therefore overruled the Point of Order.

Rep. JENNINGS proposed the following Amendment No. 204 (Doc Name h:\legwork\house\amend\h-wm\006\licensefeeincr.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 419, line 29, by adding an appropriately numbered paragraph to read:
/Notwithstanding Sections 56-1-140 and 56-1-200 of the 1976 Code, Beginning July 1, 2003, the fee for issuance of a license is increased from twelve dollars and fifty cents to twenty-five dollars. The fee for obtaining a duplicate or substitute license is increased to six dollars./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. JENNINGS explained the amendment.

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

Reps. GILHAM, TOWNSEND and MCLEOD proposed the following Amendment No. 315 (Doc Name h:\legwork\house\amend\ council\gjk\20348sd03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 419, paragraph 36.26, line 17, by deleting the paragraph in its entirety and inserting:
/36.26.   (DPS: Law Enforcement Subsistence) for the current fiscal year only, of the allocation provided pursuant to Section 56-19-420(B)(1), fifty percent must be deposited with the Division of Motor Vehicles and used for its general operating purposes, twenty-five percent, must be deposited with the Department of Education and used to support adult education programs and the twenty-five percent must be deposited into the State General Fund and used to increase the subsistence allowance for law enforcement officers. For taxable year 2003, the subsistence deduction allowed pursuant to Section 12-6-1140(6) of the 1976 Code is increased to six dollars and sixty-seven cents for each regular work day./


Printed Page 1602 . . . . . Thursday, March 13, 2003

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

Rep. GILHAM explained the amendment.

Rep. YOUNG moved to table the amendment.

Rep. MCLEOD demanded the yeas and nays, which were not ordered.

The amendment was then tabled.

Section 36, as amended, was adopted.

SECTION 37--AMENDED AND ADOPTED

Reps. WILKINS, HARRELL and J. BROWN proposed the following Amendment No. 151 (Doc Name h:\legwork\house\amend\ council\ggs\22957htc03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 422, paragraph 37.23, by inserting immediately after line 34:
/ The Director of the Department of Corrections, in consultation with the General Assembly, shall develop a plan to address the findings of the Legislative Audit Council with respect to prison industries and shall submit recommendations to the General Assembly by December 1, 2003. /
Renumber sections to conform.
Amend totals and titles to conform.

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

ACTING SPEAKER CATO IN CHAIR

Rep. RICE proposed the following Amendment No. 165 (Doc Name h:\legwork\house\amend\council\pt\1375mm03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 423, paragraph 37.30, line 25, by deleting the paragraph in its entirety.


Printed Page 1603 . . . . . Thursday, March 13, 2003

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

Rep. RICE explained the amendment.

Rep. LIMEHOUSE spoke against the amendment.

SPEAKER IN CHAIR

Rep. LIMEHOUSE continued speaking.

Rep. LIMEHOUSE moved to table the amendment, which was agreed to by a division vote of 68 to 11.

POINT OF ORDER
PROVISO 37.29 RULED OUT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Proviso 37.29 was out of order under Rule 5.3 B in that it was not germane to the Bill.
Rep. HARRELL argued contra.
SPEAKER WILKINS stated that the amendment did not meet the substantial effect requirements of the rule. He therefore sustained the Point of Order, ruled the section out of order and ordered it stricken from the Bill.

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Proviso 37.27 was out of order under Rule 5.3 B in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

Section 37, as amended, was adopted.

SECTION 38--AMENDED AND ADOPTED

Rep. G. M. SMITH proposed the following Amendment No. 182 (Doc Name h:\legwork\house\amend\council\nbd\11383mm03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 38, DEPARTMENT OF PROBATION, PAROLE AND PARDON, page 425, by adding an appropriately numbered paragraph after paragraph 38.11, to read:


Printed Page 1604 . . . . . Thursday, March 13, 2003

/ 38.__. (A) Notwithstanding another provision of law, the Department of Probation, Parole and Pardon Services, with funds appropriated from Section 38 Part 1A must:

(1) publish a schedule of probation violation hearings to be held in each county not later than the fifteenth day of the month preceding the month the hearing is to be held. The schedule must be posted prominently at the country court house and in not less than three additional places frequented by the general public within the county, and must also be accessible to the public on the department's internet web page; and

(2) provide written notice of the date, time, and place of a probation violation hearing to the defendant and his attorney not less than ten days before the date set for the hearing. The written notice to the defendant and his attorney must also contain a statement of the grounds upon which the department seeks revocation of the defendant's probation.

(B) A probation revocation hearing may not be held unless the department complies with this section and can show that a defendant and his attorney received not less than ten days written notice of the exact date and time of the hearing as required by this section. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

Section 38, as amended, was adopted.

SECTION 39

Section 39 was adopted.

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

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

THE HOUSE RESUMES

At 2:15 p.m. the House resumed, the SPEAKER in the Chair.


Printed Page 1605 . . . . . Thursday, March 13, 2003

ACTING SPEAKER LEACH IN CHAIR

POINT OF QUORUM

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

SPEAKER IN CHAIR

H. 3749--AMENDED AND ORDERED TO THIRD READING

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

H. 3749--THE GENERAL APPROPRIATION BILL

SECTION 43--AMENDED AND ADOPTED

Rep. CLYBURN proposed the following Amendment No. 102 (Doc Name h:\legwork\house\amend\h-wm\006\workersindigent.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 43, WORKERS' COMPENSATION COMMISSION, page 428, paragraph 4, line 14, by inserting at the end:/ if it is determined that the individual is indigent, This filing fee must be waived/.
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. J. E. SMITH proposed the following Amendment No. 238 (Doc Name h:\legwork\house\amend\h-wm\006\wccfinespenalty.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 43, WORKERS' COMPENSATION COMMISSION, page 428, after line 21, by adding an appropriately numbered paragraph to read:
/The Workers' Compensation Commission is authorized to double the amount of fines and penalties assessed for each violation of the Workers' Compensation Act, except that for employers found to be uninsured in violation of the Act, the minimum amount of the penalty assessed will be $750 per year of non-compliance and the maximum amount of such penalty will be $1,000 per year of non-compliance and


Printed Page 1606 . . . . . Thursday, March 13, 2003

to retain and expend all revenues received as a result of these collections.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 56; Nays 15

Those who voted in the affirmative are:

Anthony                Barfield               Battle
Chellis                Clark                  Clemmons
Cooper                 Cotty                  Dantzler
Duncan                 Edge                   Emory
Freeman                Gilham                 Hagood
Hamilton               Harrell                Harrison
Herbkersman            Hinson                 Huggins
Kirsh                  Leach                  Littlejohn
Loftis                 Lourie                 Mahaffey
McCraw                 Merrill                Neilson
Owens                  Perry                  Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Rivers
Sandifer               Scarborough            Simrill
Skelton                D. C. Smith            J. R. Smith
Stewart                Stille                 Taylor
Thompson               Toole                  Trotter
Umphlett               Vaughn                 White
Whitmire               Young

Total--56

Those who voted in the negative are:

Breeland               G. Brown               Cato
Cobb-Hunter            J. Hines               M. Hines
Hosey                  Howard                 Lee

Printed Page 1607 . . . . . Thursday, March 13, 2003

Lloyd                  Mack                   Miller
J. H. Neal             J. M. Neal             J. E. Smith

Total--15

So, the amendment was tabled.

Section 43, as amended, was adopted.

SECTION 50--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. HARRELL to reconsider the vote whereby Section 50 was adopted was taken up and agreed to.

Rep. RICHARDSON proposed the following Amendment No. 213 (Doc Name h:\legwork\house\amend\h-wm\006\cosmetology2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 50, DEPARTMENT OF LABOR, LICENSING AND REGULATION, page 430, after line 26, by adding an appropriately numbered paragraph to read:
/Notwithstanding the provisions of Section 40-7-280 or any other provision of law, a person licensed as a cosmetologist, esthetician, or manicurist pursuant to Chapter 13 may practice, within the scope of practice authorized by the person's license, in a barbershop registered in accordance with this chapter./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 50, as amended, was adopted.

SECTION 53--AMENDED AND ADOPTED

Rep. YOUNG proposed the following Amendment No. 152 (Doc Name h:\legwork\house\amend\h-wm\006\dotpermits.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 53, DEPARTMENT OF TRANSPORTATION, page 433, paragraph 14, line 7, by striking /2002-03/ and inserting / 2003-04/


Printed Page 1608 . . . . . Thursday, March 13, 2003

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

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

Section 53, as amended, was adopted.

SECTION 53C--AMENDED AND ADOPTED

Rep. MERRILL proposed the following Amendment No. 211 (Doc Name h:\legwork\house\amend\council\nbd\11372ac03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 53C, PORTS AUTHORITY, page 433, paragraph 53C.1, by deleting line 30 and inserting:
/unexpended as of July 1, 2002 2003 pay eight million dollars before July 31, 2003, and pay one million dollars before June 30, 2004 to continue the Charleston Cooper River Bridge project./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 53C, as amended, was adopted.

SECTION 63--AMENDED AND ADOPTED

Rep. COATES proposed the following Amendment No. 250 (Doc Name h:\legwork\house\amend\council\dka\3337dw03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 461, after line 25, by adding a appropriately numbered paragraph to read:
/63.__.   (BCB: Military quarterly filing relief) No interest, penalties, or other sanctions may be imposed on the active duty income of members of the National Guard and Reserves activated as a result of the conflict in Iraq and the war on terrorism with regard to payment of state estimated quarterly individual income tax payments if the active


Printed Page 1609 . . . . . Thursday, March 13, 2003

duty income if the federal government is unable to properly withhold State of South Carolina income taxes due on their active duty pay./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. COBB-HUNTER proposed the following Amendment No. 274 (Doc Name h:\legwork\house\amend\h-wm\005\63restore4358, 4308.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 461, after line 25, by adding an appropriately numbered paragraph to read:
/(BCB: Agriculture Subfund transfer) /Of other funds authorized for the Budget & Control Board Energy Program for Classified and Unclassified positions, $177,000 shall be transferred to the Department of Agriculture to first replenish Subfund 4358 Grain Producers Guaranty Fund, with the remainder going to Subfund 4308 Whse Receipts Guarantee.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. COBB-HUNTER continued speaking.

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

Rep. KIRSH proposed the following Amendment No. 94 (Doc Name h:\legwork\house\amend\h-wm\005\72freezeagencydir.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 455, paragraph 63.15, after line 16, by inserting /For FY 03-04, no existing agency head or new hire for an agency director's position shall be compensated above the FY 02-03 annual salary paid for that position./


Printed Page 1610 . . . . . Thursday, March 13, 2003

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

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

Rep. J. E. SMITH proposed the following Amendment No. 37 (Doc Name h:\legwork\house\amend\h-wm\002\63milservleave.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 461, after line 25, by adding an appropriately numbered paragraph to read:
/(B&CB: Military service) Notwithstanding the provisions of Section 8-11-610 of the 1976 Code, a permanent full-time state employee who serves on active duty as a result "Operation Enduring Freedom" or "Operation Noble Eagle," or in a unit federalized for duty in connection with potential or actual hostilities in Iraq, or any combination of these duties, and performs such duty may use up to forty-five days of accumulated annual leave and may use up to ninety days of accumulated sick leave in a calendar year as if it were annual leave. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. J. E. SMITH proposed the following Amendment No. 64 (Doc Name h:\legwork\house\amend\h-wm\005\emplbonus.doc):
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 461, after line 25, by adding an appropriately numbered paragraph to read:
/(BCB: Employee Bonus Plan) All permanent fulltime state employees who, as of July 1, 2003, are paid an annual salary of thirty thousand dollars or less must be paid a bonus in an amount equal to two hundred sixty dollars on the last pay date before the observance of the 2003 Christmas holiday if the employee remains in employment as of that day. This bonus is not a base pay increase, and is not earnable compensation for purposes of the state retirement systems. Employees eligible for the bonus who are paid in whole or in part from federal or other funds must receive the bonus. The employing agency shall pay


Printed Page 1611 . . . . . Thursday, March 13, 2003

the bonus from federal or other funds available to the agency in the proportion that such funds are the source of the employees'salary./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. J. E. SMITH moved to adjourn debate on the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 219 (Doc Name h:\legwork\house\amend\council\gjk\20329htc03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 461, after line 25, by adding an appropriately numbered paragraph to read:
/(   63.___.   BCB:Employee Bonus) All permanent fulltime state employees who as of July 1, 2003, are paid an annual salary of thirty thousand dollars or less must be paid a one time bonus of two hundred dollars on the last pay date before the observance of the 2003 Christmas holiday if the employee remains in employment as of that day. This bonus is not a base pay increase and is not earnable compensation for purposes of the state retirement systems. Employees eligible for the bonus who are paid in whole or in part from federal or other funds must receive the bonus. The employing agency shall pay the bonus from federal or other funds available to the agency in the proportion that such funds are the source of the employee's salary. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. COOPER proposed the following Amendment No. 186 (Doc Name h:\legwork\house\amend\h-wm\005\bcb-orp.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 461, line 26, by adding an appropriately numbered paragraph to read:
/(BCB: Eligibility to Participate in State ORP) An employee hired on or after January 1, 2003, but before July 1, 2003, by the State who is


Printed Page 1612 . . . . . Thursday, March 13, 2003

not covered by the State Employee Grievance Procedure but who is eligible to participate in either the SC Retirement System or the Police Officers Retirement System may elect to join the State Optional Retirement Program (State ORP) by July 31, 2003. An employee electing to participate in the State ORP is eligible to participate in the State ORP retroactive to their date of hire./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. COOPER proposed the following Amendment No. 300 (Doc Name h:\legwork\house\amend\h-wm\002\bcb-clemsontowers.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 461, after line 25, by adding an appropriately numbered paragraph to read:
/(BCB: Clemson University Antenna and Tower Placement) Notwithstanding any other provision of law, all leases for antenna and tower operations, within the Clemson University campus must conform to the present and any future Clemson University master plans for such property, as determined solely by the university. Revenue derived during Fiscal Year 2003-04 from tower and antenna leases and contracts prior to July 1, 2001, shall be retained by the university./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. J. E. SMITH proposed the following Amendment No. 64 (Doc Name h:\legwork\house\amend\h-wm\005\emplbonus.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 461, after line 25, by adding an appropriately numbered paragraph to read:
/(BCB: Employee Bonus Plan) All permanent fulltime state employees who, as of July 1, 2003, are paid an annual salary of thirty thousand dollars or less must be paid a bonus in an amount equal to two hundred sixty dollars on the last pay date before the observance of


Printed Page 1613 . . . . . Thursday, March 13, 2003

the 2003 Christmas holiday if the employee remains in employment as of that day. This bonus is not a base pay increase, and is not earnable compensation for purposes of the state retirement systems. Employees eligible for the bonus who are paid in whole or in part from federal or other funds must receive the bonus. The employing agency shall pay the bonus from federal or other funds available to the agency in the proportion that such funds are the source of the employees'salary./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 63, as amended, was adopted.

SECTION 63A

Section 63A was adopted.

SECTION 63B

Section 63B was adopted.

SPEAKER IN CHAIR

SECTION 64--ADOPTED

Rep. J. E. SMITH proposed the following Amendment No. 157 (Doc Name h:\legwork\house\amend\council\pt\1362mm03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 64, DEPARTMENT OF REVENUE, pages 464-466, paragraph 64.11, by deleting the paragraph in its entirety and inserting:

64.11.   (DOR: Collection Assistance Fee) The General Assembly finds that the State's cost of collecting outstanding tax liabilities exceeds twenty percent (20%) of the liabilities. The General Assembly finds that the cost of collecting outstanding tax liabilities is borne currently by taxpayers who pay their taxes on time. It is the intent of the General Assembly that this cost be borne by the delinquent taxpayers who have outstanding tax liabilities.

(A)   'Outstanding tax liability' means every tax imposed by the State, and all increases, interest, fees, and penalties on the tax from the time it is due and payable:


Printed Page 1614 . . . . . Thursday, March 13, 2003

(1)   which has not been paid; and

(2)   for which all rights of administrative or judicial appeal have been exhausted or all time limits for those appeals have expired.

(B)   A collection assistance fee may be imposed on an outstanding tax liability if the department has notified the taxpayer that the collection assistance fee may be imposed if a tax liability becomes an outstanding tax liability.

(C)   The collection assistance fee is collectible as a part of the outstanding tax liability unless the department undertakes collection by garnishment pursuant to Sections 12-54-130 and 12-54-135. The department may waive the fee to the same extent as if it were a penalty.

(D)   The amount of the collection assistance fee is twenty percent (20%) of the oustanding tax liability.

(E)   The proceeds of the collection assistance fee must be credited to a special account within the department, and must be used to fund the South Carolina Business One Stop (SCBOS) program within the department. Any excess proceeds of the collection assistance fee above the amount required to fund the SCBOS program must be credited to the department to be retained and expended for use in budgeted operations.

(F)   The department is authorized to bring suits in the courts of other states to collect taxes legally due this State. The officials of other states are empowered to sue for the collection of taxes in the courts of this State. Whenever the department considers it expedient to employ local counsel to assist in bringing suit in an out-of-state court, the department may employ local counsel.

(G)   Collection agencies with which the department contracts pursuant to Sections 12-4-340 and 12-54-227 also are authorized to collect on behalf of the department outstanding tax liabilities and the collection fee imposed by this paragraph.

(H)   Except when the context clearly indicates a different meaning, the definitions in Section 12-60-30 apply to these provisions.

(I)   The collection assistance fee is effective for all tax debts incurred after July 1, 2003. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.


Printed Page 1615 . . . . . Thursday, March 13, 2003

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

Section 64 was adopted.

SECTION 66--AMENDED AND DELETED

Rep. KIRSH proposed the following Amendment No. 150 (Doc Name h:\legwork\house\amend\h-wm\005\66procreview.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 66, PROCUREMENT REVIEW PANEL, page 467, paragraph 66.1, lines 19-25, by striking:/The proviso in its entirety/
Renumber sections to conform.
Amend totals and titles to conform.

The amendment was then adopted.

SECTION 72--AMENDED AND ADOPTED

Rep. HOSEY proposed the following Amendment No. 93 (Doc Name h:\legwork\house\amend\h-wm\005\72restoreb'well.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 496, paragraph 72.89, line 12, by striking /2004-05/ and inserting /2003-04/
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 72; Nays 36

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clark

Printed Page 1616 . . . . . Thursday, March 13, 2003

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

Total--72

Those who voted in the negative are:

Anthony                Bales                  Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Emory
Freeman                Gourdine               Govan
Hagood                 J. Hines               M. Hines
Hosey                  Howard                 Jennings
Lloyd                  Lourie                 Mack
McLeod                 Miller                 J. H. Neal
J. M. Neal             Parks                  Rhoad
Rivers                 Scott                  Sheheen
G. M. Smith            J. E. Smith            Weeks

Total--36

So, the amendment was tabled.


Printed Page 1617 . . . . . Thursday, March 13, 2003

Reps. VAUGHN and QUINN proposed the following Amendment No. 6 (Doc Name h:\legwork\house\amend\h-wm\008\satellitetv del.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 497, paragraph 94, line 35, by striking:/ (GP: Satellite TV License Tax) A. Every person engaging in the business of selling subscriptions to, access to, or use of television programming or television services delivered by direct-to-home satellite services in this State, for the privilege of carrying on the business, shall pay a license tax measured by and graduated in accordance with the volume of sales of the person within the State. B. There is imposed on the sale of subscriptions to, access to, or use of television programming or television services delivered by direct-to-home satellite services in this State, a license tax in the amount of three percent on the total sales in this State by every person who is a distributor of direct-to-home satellite services. C. Every distributor, on or before the twentieth day of each month, shall file with the South Carolina Department of Revenue a return on forms to be prescribed and furnished by the department showing the quantity and retail price of all subscriptions to, access to, or use of television programming or television services delivered by direct-to-home satellite services sold or delivered during the preceding calendar month. These returns must contain further information as the department requires. Every distributor shall pay the license tax imposed pursuant to this paragraph with the filing of the monthly return. D.   As used in this paragraph:
(1) "distributor" means a person engaged in the business of selling subscriptions to, access to, or use of television programming or television services delivered by direct-to-home satellite service to persons whether the person is within or without this State; (2) "person" means any individual, firm, general partnership, limited partnership, corporation, company, limited liability company, limited liability partnership, or other organization or entity whatsoever. E. For all purposes of imposition, reporting, payment collection, and enforcement, the license tax imposed by this paragraph is subject to the provisions of Chapter 54, Title 12 of the 1976 Code, not including any criminal penalties provided therein./

Printed Page 1618 . . . . . Thursday, March 13, 2003

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

Rep. VAUGHN explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. VAUGHN continued speaking.
Rep. HARRELL spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. HARRELL moved to table the amendment.

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

Yeas 19; Nays 93

Those who voted in the affirmative are:

Altman                 Bales                  Battle
J. Brown               Clemmons               Frye
Hagood                 Harrell                Hinson
Keegan                 McCraw                 McLeod
Neilson                Scarborough            J. R. Smith
Umphlett               Viers                  Wilkins
Young

Total--19

Those who voted in the negative are:

Allen                  Anthony                Bailey
Barfield               Bingham                Bowers
Branham                Breeland               G. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clyburn
Cobb-Hunter            Coleman                Cooper
Cotty                  Dantzler               Davenport
Delleney               Duncan                 Edge
Emory                  Freeman                Gilham
Gourdine               Govan                  Hamilton

Printed Page 1619 . . . . . Thursday, March 13, 2003

Haskins                Herbkersman            J. Hines
M. Hines               Hosey                  Huggins
Jennings               Kennedy                Kirsh
Koon                   Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Mahaffey               Martin
McGee                  Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Owens
Parks                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Richardson
Rivers                 Sandifer               Scott
Sheheen                Simrill                Sinclair
Skelton                D. C. Smith            F. N. Smith
G. M. Smith            J. E. Smith            W. D. Smith
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Weeks
Whipper                White                  Whitmire

Total--93

So, the House refused to table the amendment.

Rep. QUINN spoke in favor of the amendment.

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

RECORD FOR VOTING

During the electronic vote, I inadvertently hit the wrong button. I support the amendment to eliminate satellite tax and am against all new taxes and fee increases.

Rep. Thad Viers

LEAVE OF ABSENCE

The SPEAKER granted Rep. F. N. SMITH a leave of absence for the remainder of the day.


Printed Page 1620 . . . . . Thursday, March 13, 2003

LEAVE OF ABSENCE

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

Rep. LOURIE proposed the following Amendment No. 17 (Doc Name h:\legwork\house\amend\h-wm\004\childcare.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 497, paragraph 91, lines 17-20, by striking:/the proviso in its entirety/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

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

Rep. J. E. SMITH proposed the following Amendment No. 68 (Doc Name h:\legwork\house\amend\h-wm\002\72.93personnel.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 497, paragraph 93, lines 24-34, by striking the proviso in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

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

SPEAKER PRO TEMPORE IN CHAIR

Rep. J. E. SMITH continued speaking.

SPEAKER IN CHAIR

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Amendment No. 68 was out of order under Rule 5.3 B in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.


Printed Page 1621 . . . . . Thursday, March 13, 2003

Rep. COOPER moved to table the amendment.

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

Yeas 77; Nays 29

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Barfield               Battle                 Bingham
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Edge
Freeman                Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Lucas
Mahaffey               Martin                 McCraw
Merrill                Miller                 J. H. Neal
Neilson                Owens                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Rice                   Richardson             Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            J. R. Smith
W. D. Smith            Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  Walker
White                  Whitmire               Wilkins
Witherspoon            Young

Total--77

Those who voted in the negative are:

Bales                  Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Gourdine               Govan                  J. Hines

Printed Page 1622 . . . . . Thursday, March 13, 2003

M. Hines               Hosey                  Howard
Lee                    Lloyd                  Lourie
Mack                   McLeod                 Moody-Lawrence
J. M. Neal             Rivers                 Scott
Sheheen                J. E. Smith            Snow
Weeks                  Whipper

Total--29

So, the amendment was tabled.

Rep. LOURIE proposed the following Amendment No. 120 (Doc Name h:\legwork\house\amend\h-wm\004\childcare.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 497, paragraph 91, lines 17-20, by striking:/the proviso in its entirety/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LOURIE explained the amendment.

POINT OF ORDER

Rep. HARRELL raised the Point of Order that Amendment No. 120 was out of order in that it was identical to a previously tabled amendment.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

POINT OF ORDER

Rep. COBB-HUNTER raised the Point of Order that Proviso 72.91 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

Rep. MCLEOD proposed the following Amendment No. 161 (Doc Name h:\legwork\house\amend\council\pt\1374mm03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 497, paragraph 72.93, line 28, by inserting before the word /employees/ the word/ management /


Printed Page 1623 . . . . . Thursday, March 13, 2003

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

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

SPEAKER PRO TEMPORE IN CHAIR

Rep. COBB-HUNTER proposed the following Amendment No. 310 (Doc Name h:\legwork\house\amend\h-wm\004\techdc.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 497, paragraph 91, line 19, by striking /colleges and universities/ and inserting /Institutions of Higher Education as defined in Section 59-103-5/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. RICHARDSON proposed the following Amendment No. 61 (Doc Name council\ggs\amend\22929htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, by adding an appropriately numbered paragraph at the end to read:
/ 72.____(GP: Sales Tax On Newsprint and Newspapers)   The sales and use tax exemption allowed pursuant to Section 12-36-2120(8) of the 1976 Code for newsprint paper and newspapers is suspended for the current fiscal year. Sales tax revenue attributable to this suspension must be used to purchase school buses, school bus parts, and school bus fuel. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RICHARDSON explained the amendment.

Rep. COTTY moved to table the amendment.


Printed Page 1624 . . . . . Thursday, March 13, 2003

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

Yeas 57; Nays 26

Those who voted in the affirmative are:

Altman                 Bales                  Bingham
Bowers                 Branham                Cato
Ceips                  Clark                  Coleman
Cooper                 Cotty                  Davenport
Delleney               Duncan                 Frye
Gilham                 Gourdine               Harrell
Herbkersman            M. Hines               Huggins
Keegan                 Kirsh                  Limehouse
Littlejohn             Lourie                 Lucas
Mahaffey               McCraw                 Miller
Neilson                Owens                  Phillips
Pinson                 M. A. Pitts            Rhoad
Rice                   Sandifer               Scott
Sheheen                Simrill                Sinclair
Skelton                D. C. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Stewart
Talley                 Taylor                 Thompson
Townsend               Trotter                Umphlett
Vaughn                 White                  Wilkins

Total--57

Those who voted in the negative are:

Anthony                Barfield               Breeland
R. Brown               Clemmons               Dantzler
Edge                   Emory                  Freeman
Govan                  Hagood                 Haskins
Hayes                  J. Hines               Hosey
Kennedy                Leach                  McLeod
Moody-Lawrence         J. M. Neal             Richardson
Rivers                 Scarborough            Viers
Whipper                Witherspoon

Total--26

So, the amendment was tabled.


Printed Page 1625 . . . . . Thursday, March 13, 2003

Rep. J. E. SMITH proposed the following Amendment No. 63 (Doc Name h:\legwork\house\amend\council\ggs\22943htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, by adding an appropriately numbered paragraph at the end to read:
/ 72.____(GP: Programmatic Budget) The Governor's budget recommendation and the reports of the House Ways and Means Committee and the Senate Finance Committee on the general appropriation bill for fiscal year 2004-2005 must contain a narrative regarding each agency and each program administered by the agency. The narrative must include mission, goals, statutory and regulatory basis of each program, and a brief history of the agency's administration of the program. Proposed appropriations for each agency must reflect an overall agency budget comprised of budget categories, but also must include amounts for debt service attributable to the agency and aid to political subdivisions provided by the agency. Additionally, the recommendation must identify specifically the source of funds for appropriations to the agency. Each separate program administered by an agency must be included in the recommendation with that program's share of each of the amounts appropriated for each budget category and specific source of funds for the appropriations. The narratives must conform to a format established by the Office of State Budget for the State Budget and Control Board. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SHEHEEN explained the amendment.

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

Rep. HARRELL moved to table the amendment.

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

Yeas 68; Nays 37

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Cato

Printed Page 1626 . . . . . Thursday, March 13, 2003

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

Total--68

Those who voted in the negative are:

Anthony                Bales                  Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Clyburn
Cobb-Hunter            Coleman                Emory
Freeman                Gourdine               Govan
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Jennings
Lloyd                  Lourie                 McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Phillips               Rhoad
Rutherford             Scott                  Sheheen
J. E. Smith            Snow                   Weeks
Whipper

Total--37


Printed Page 1627 . . . . . Thursday, March 13, 2003

So, the amendment was tabled.

SPEAKER IN CHAIR

Rep. DAVENPORT proposed the following Amendment No. 108 (Doc Name h:\legwork\house\amend\h-wm\008\chemicalabortion.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, after line 23, by adding an appropriately numbered paragraph to read:
/(GP: Prohibit chemical abortions) No state agency shall use any state appropriated funds to terminate a pregnancy or induce a miscarriage by chemical means./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. DAVENPORT explained the amendment.

Rep. COBB-HUNTER moved to table the amendment, which was agreed to.

LEAVE OF ABSENCE

The SPEAKER granted Rep. JENNINGS a leave of absence for the remainder of the day due to illness.

Reps. COBB-HUNTER, HOWARD and J. H. NEAL proposed the following Amendment No. 212 (Doc Name h:\legwork\house\amend\ council\ggs\22968htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, by adding an appropriately numbered paragraph at the end to read:
/ 72. (GP: Sales Tax Cap)   (A)   The provisions of Section 12-36-2110(A)(1) and (4) of the 1976 Code are suspended for the current fiscal year.

(B)   The cap imposed on sales, use, and casual excise tax pursuant to Section 12-36-2110(A)(2), (3), (5), (6), and (7) of the 1976 Code, are suspended for the current fiscal year and in lieu thereof, in calculating sales, use, and casual excise tax otherwise due on these items, there is allowed a deduction equal to five thousand dollars from the amount subject to tax.


Printed Page 1628 . . . . . Thursday, March 13, 2003

(C)   Notwithstanding any other provision of law, the revenue attributable to this paragraph must be credited to the general fund of the State and the first $56,000,000 must be used to prevent an increase in state employee health insurance premiums and prevent a decrease in health insurance benefits. The balance of the revenue, not to exceed $14,000,000, must be used to provide a onetime bonus to state employees up to $200 for each employee. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

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

Rep. COOPER moved to table the amendment.

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

Yeas 75; Nays 32

Those who voted in the affirmative are:

Barfield               Bingham                Bowers
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Cooper                 Cotty                  Davenport
Delleney               Duncan                 Edge
Emory                  Frye                   Gilham
Hagood                 Hamilton               Harrell
Harrison               Haskins                Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Limehouse              Littlejohn             Lourie
Lucas                  Mahaffey               Martin
McCraw                 McGee                  Merrill
J. M. Neal             Neilson                Owens
Perry                  Phillips               Pinson
E. H. Pitts            Quinn                  Rice
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            J. R. Smith
W. D. Smith            Stewart                Talley

Printed Page 1629 . . . . . Thursday, March 13, 2003

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

Total--75

Those who voted in the negative are:

Anthony                Bailey                 Bales
Branham                Breeland               R. Brown
Clyburn                Cobb-Hunter            Coleman
Freeman                Gourdine               Govan
Hayes                  J. Hines               Hosey
Howard                 Kennedy                Lee
Lloyd                  Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal
Parks                  M. A. Pitts            Rhoad
Rivers                 Rutherford             J. E. Smith
Weeks                  Whipper

Total--32

So, the amendment was tabled.

RECORD FOR VOTING

I voted against this amendment in order to be able to make a motion to reconsider, if I could get the support necessary for passage..   Rep. Becky R. Martin

Rep. SHEHEEN proposed the following Amendment No. 215 (Doc Name h:\legwork\house\amend\council\ggs\22963htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, by adding an appropriately numbered paragraph at the end to read:
/ 72.____(GP: Prohibition on Agency Lobbying)   A state agency, instrumentality, or department may not directly or indirectly hire or retain an independent contractor as a lobbyist as defined in Section 2-17-10(13) of the 1976 Code. The provisions of this paragraph do not include foundations established by state sponsored universities or


Printed Page 1630 . . . . . Thursday, March 13, 2003

institutions of higher education which do not receive appropriated funds on an annual basis. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SHEHEEN explained the amendment.

POINT OF ORDER

Rep. DUNCAN raised the Point of Order that Amendment No. 215 was out of order under Rule 5.3 B in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

Rep. HOWARD spoke against the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 59; Nays 54

Those who voted in the affirmative are:

Bailey                 Bales                  Barfield
Bingham                J. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Clyburn                Cobb-Hunter
Cooper                 Davenport              Gilham
Govan                  Hamilton               Harrell
Harrison               Herbkersman            Hosey
Howard                 Keegan                 Kirsh
Koon                   Leach                  Littlejohn
Lloyd                  Lucas                  Mack
Martin                 Moody-Lawrence         J. H. Neal
Neilson                Owens                  Parks
Perry                  Pinson                 Rhoad
Rice                   Rutherford             Sandifer
Scarborough            Scott                  Skelton
J. R. Smith            W. D. Smith            Stewart
Toole                  Townsend               Trotter
Umphlett               Vaughn                 Whipper

Printed Page 1631 . . . . . Thursday, March 13, 2003

White                  Whitmire               Wilkins
Witherspoon            Young

Total--59

Those who voted in the negative are:

Anthony                Battle                 Bowers
Branham                G. Brown               R. Brown
Coates                 Coleman                Cotty
Dantzler               Delleney               Duncan
Edge                   Emory                  Freeman
Gourdine               Hagood                 Haskins
Hayes                  J. Hines               M. Hines
Hinson                 Huggins                Lee
Limehouse              Loftis                 Lourie
Mahaffey               McGee                  McLeod
Merrill                Miller                 J. M. Neal
Phillips               E. H. Pitts            M. A. Pitts
Quinn                  Richardson             Rivers
Sheheen                Simrill                Sinclair
D. C. Smith            G. M. Smith            J. E. Smith
Snow                   Stille                 Talley
Taylor                 Thompson               Tripp
Viers                  Walker                 Weeks

Total--54

So, the amendment was tabled.

Reps. G.M. SMITH, G. BROWN, WEEKS, COATES and J. H. NEAL proposed the following Amendment No. 235 (Doc Name council\pt\1386mm03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, by inserting an appropriately numbered paragraph after line 22 to read:
/   72.___.   (GP: Outdoor Advertising) Notwithstanding Section 57-25-120(4), for the current fiscal year, a billboard may be erected more than six hundred feet, but less than eight hundred feet, away from the nearest thriving business, upon application for and issuance of a permit from the Department of Transportation. The application must be accompanied by a permit fee of one hundred fifty dollars, to be


Printed Page 1632 . . . . . Thursday, March 13, 2003

allocated to the department first for administrative costs in maintaining the outdoor advertising program, pursuant to Section 57-25-150(B); except that the total number of signs erected is subject to the established limitation of three for each business location on an interstate highway and five signs for each business location on federal aid program roads. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. G. M. SMITH explained the amendment.

Rep. G. BROWN spoke in favor of the amendment.

POINT OF ORDER

Rep. TOWNSEND raised the Point of Order that Amendment No. 235 was out of order under Rule 5.3 in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

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

Reps. WHITE and COOPER proposed the following Amendment No. 240 (Doc Name h:\legwork\house\amend\h-wm\002\ 72realpropbcb.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, after line 22, by adding an appropriately numbered paragraph to read:
/(GP: Retention of Real Property Sale Proceeds) Notwithstanding any other provision of law, and with the approval of the Budget and Control Board, for Fiscal Year 2003-04, a state agency may retain 90% of the net proceeds from the sale of surplus real property titled to, utilized by, or under the control of the agency. The remaining 10% of the proceeds must be deposited in the Ordinary Sinking Fund of the State. Agencies must use the proceeds retained for a non-recurring purpose. An agency having the ability to retain the proceeds from real property sales shall retain such ability pursuant to the governing proviso, statute, or other authority./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. WHITE explained the amendment.


Printed Page 1633 . . . . . Thursday, March 13, 2003

Rep. COTTY spoke against the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. COTTY continued speaking.

Rep. COTTY moved to table the amendment.

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

Yeas 91; Nays 17

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Bingham
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chellis
Clark                  Coates                 Coleman
Cotty                  Dantzler               Delleney
Duncan                 Edge                   Emory
Freeman                Frye                   Gilham
Govan                  Hamilton               Harrell
Harrison               Haskins                J. Hines
M. Hines               Hinson                 Hosey
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Lee
Limehouse              Littlejohn             Loftis
Lourie                 Lucas                  Mahaffey
McCraw                 McGee                  McLeod
Merrill                Miller                 J. M. Neal
Neilson                Owens                  Perry
Phillips               Pinson                 M. A. Pitts
Rice                   Rivers                 Rutherford
Sandifer               Scarborough            Scott
Sheheen                Simrill                Sinclair
D. C. Smith            G. M. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Toole                  Townsend
Tripp                  Umphlett               Vaughn

Printed Page 1634 . . . . . Thursday, March 13, 2003

Viers                  Walker                 Weeks
Whipper                Whitmire               Wilkins
Witherspoon

Total--91

Those who voted in the negative are:

Clemmons               Cobb-Hunter            Cooper
Herbkersman            Howard                 Huggins
Lloyd                  Mack                   J. H. Neal
Parks                  E. H. Pitts            Quinn
Richardson             Skelton                Thompson
Trotter                White

Total--17

So, the amendment was tabled.

SPEAKER IN CHAIR

AMENDMENT NO. 235--RECONSIDERED AND ADOPTED

Rep. COOPER moved to reconsider the vote whereby Amendment No. 235 was tabled, which was agreed to by a division vote of 47 to 14.

The amendment was then adopted.

Reps. DELLENEY, SIMRILL and COATES proposed the following Amendment No. 256 (Doc Name h:\legwork\house\amend\council\pt\ 1387mm03.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, by adding an appropriately numbered paragraph at the end to read:
/   72._____.   (GP: Lottery Ticket sales) Notwithstanding Section 59-150-230(A), for the current fiscal year the State shall impose the five percent sales tax pursuant to Section 12-36-910 on the sale of a lottery ticket or share. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. DELLENEY explained the amendment.


Printed Page 1635 . . . . . Thursday, March 13, 2003

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that Amendment No. 256 was out of order in that it was in violation of Code Section 11-11-440 and attempted to provide for a general tax increase in the Appropriation Bill.
SPEAKER WILKINS stated that the amendment effected temporary provisions of the Appropriation Bill, not permanent provisions and he therefore overruled the Point of Order.

Rep. HARRELL moved to table the amendment.

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

Yeas 44; Nays 70

Those who voted in the affirmative are:

Bingham                Bowers                 Breeland
R. Brown               Chellis                Clyburn
Cooper                 Cotty                  Dantzler
Edge                   Harrell                J. Hines
Hinson                 Hosey                  Huggins
Keegan                 Kennedy                Kirsh
Lee                    Lloyd                  Lourie
Mack                   Mahaffey               McLeod
Moody-Lawrence         Rhoad                  Rivers
Rutherford             Scott                  Skelton
J. E. Smith            J. R. Smith            W. D. Smith
Stewart                Thompson               Toole
Townsend               Trotter                Umphlett
Viers                  Whipper                Whitmire
Wilkins                Young

Total--44

Those who voted in the negative are:

Altman                 Anthony                Bales
Barfield               Battle                 Branham
G. Brown               Cato                   Ceips
Clark                  Clemmons               Coates
Cobb-Hunter            Coleman                Delleney
Duncan                 Emory                  Freeman

Printed Page 1636 . . . . . Thursday, March 13, 2003

Frye                   Gilham                 Gourdine
Govan                  Hagood                 Hamilton
Harrison               Haskins                Hayes
Herbkersman            M. Hines               Koon
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Martin
McCraw                 McGee                  Merrill
Miller                 J. H. Neal             J. M. Neal
Neilson                Owens                  Parks
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rice                   Richardson             Sandifer
Scarborough            Sheheen                Simrill
Sinclair               D. C. Smith            G. M. Smith
Snow                   Stille                 Talley
Taylor                 Tripp                  Vaughn
Walker                 Weeks                  White
Witherspoon

Total--70

So, the House refused to table the amendment.

Rep. HARRELL spoke against the amendment.
Rep. DELLENEY spoke in favor of the amendment.
Rep. SCOTT spoke against the amendment.
Rep. SIMRILL spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.
Rep. WALKER spoke in favor of the amendment.

POINT OF ORDER

Rep. HARRELL raised the Point of Order that Amendment No. 256 was out of order in that it was in violation of Code Section 12-53-20 in that the amendment attempted to tax an intangible item (a lottery ticket).
SPEAKER WILKINS stated that in accordance with the Code Section and the opinion of the Department of Revenue, a lottery ticket is an intangible item and cannot be taxed. He therefore sustained the Point of Order and ruled the amendment out of order.


Printed Page 1637 . . . . . Thursday, March 13, 2003

Rep. NEILSON proposed the following Amendment No. 319 (Doc Name h:\legwork\house\amend\h-wm\005\72bcbdmvstudy.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, after line 22, by adding an appropriately numbered paragraph to read:
/(GP: DMV/County Treasurer's Study) The Budget and Control Board shall study the method used by county treasurers to communicate with the Division of Motor Vehicles of the Department of Public Safety regarding non-payment of property taxes on a motor vehicle. The study shall include, but not be limited to, the feasibility of electronic communication between the entities for motor vehicle law enforcement purposes. A report shall be submitted to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee by January 30, 2004./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. RICHARDSON proposed the following Amendment No. 320 (Doc Name council\ggs\amend\22928htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, by adding an appropriately numbered paragraph at the end to read:
/ 72.____(GP: Sales Tax On Newsprint Paper)   The sales and use tax exemption allowed pursuant to Section 12-36-2120(8) of the 1976 Code for newsprint paper is suspended for the current fiscal year. Sales tax revenue attributable to this suspension must be used to purchase school buses, school bus parts, and school bus fuel. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RICHARDSON explained the amendment.

ACTING SPEAKER HARRISON IN CHAIR

Rep. RICHARDSON continued speaking.
Rep. SIMRILL spoke against the amendment.
Rep. LUCAS spoke against the amendment.


Printed Page 1638 . . . . . Thursday, March 13, 2003

Rep. RICHARDSON spoke in favor of the amendment.

Rep. COTTY moved to table the amendment.

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

Yeas 93; Nays 12

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Battle                 Bingham
Bowers                 Breeland               J. Brown
R. Brown               Cato                   Ceips
Chellis                Clark                  Clemmons
Cobb-Hunter            Coleman                Cooper
Cotty                  Davenport              Delleney
Duncan                 Frye                   Gourdine
Govan                  Hamilton               Harrell
Harrison               Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hosey                  Howard                 Huggins
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Lee
Limehouse              Littlejohn             Lloyd
Lourie                 Lucas                  Mack
Mahaffey               McCraw                 McGee
McLeod                 Merrill                Miller
J. H. Neal             Neilson                Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Rice
Sandifer               Scott                  Sheheen
Simrill                Sinclair               Skelton
D. C. Smith            G. M. Smith            J. E. Smith
J. R. Smith            Snow                   Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett

Printed Page 1639 . . . . . Thursday, March 13, 2003

Vaughn                 Walker                 White
Whitmire               Wilkins                Witherspoon

Total--93

Those who voted in the negative are:

Barfield               Dantzler               Edge
Emory                  Gilham                 Haskins
Moody-Lawrence         Richardson             Rivers
Scarborough            Viers                  Whipper

Total--12

So, the amendment was tabled.

SPEAKER IN CHAIR

Reps. DELLENEY and SIMRILL proposed the following Amendment No. 324 (Doc Name h:\legwork\house\amend\council\ pt\1406mm03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, by adding an appropriately numbered paragraph at the end to read:
/   72._____.   (GP: Lottery Ticket sales) Notwithstanding Section 59-150-230(A), Section 12-53-20, or any other provision of law to the contrary, for the current fiscal year the State shall impose the five percent sales tax pursuant to Section 12-36-910 on the sale of a lottery ticket or share, which is deemed to be tangible personal property for purposes of Section 12-36-910. The base ticket price must remain an even dollar amount. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. DELLENEY explained the amendment.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 324 was out of order in that it enacted a new tax in the permanent provisions of the Appropriation Bill.
SPEAKER WILKINS stated that the amendment affected a temporary provision and not a permanent provision of the Code. He


Printed Page 1640 . . . . . Thursday, March 13, 2003

ruled there was no violation of Code Section 11-11-440 and he overruled the Point of Order.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 324 was out of order in that it was in violation of Code Section 12-53-20 in that it attempted to impose a sales tax on an intangible item (lottery ticket).
Rep. HARRELL argued contra.
SPEAKER WILKINS overruled the Point of Order.

Rep. HARRELL spoke against the amendment.

Rep. SCOTT moved to table the amendment.

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

Yeas 69; Nays 46

Those who voted in the affirmative are:

Bailey                 Barfield               Battle
Bingham                Breeland               G. Brown
J. Brown               R. Brown               Ceips
Chellis                Clemmons               Clyburn
Coates                 Cooper                 Dantzler
Davenport              Duncan                 Edge
Govan                  Harrell                Harrison
Herbkersman            J. Hines               Hinson
Hosey                  Howard                 Keegan
Kennedy                Kirsh                  Koon
Lee                    Littlejohn             Lloyd
Lourie                 Mack                   Mahaffey
McCraw                 McLeod                 Merrill
Miller                 J. H. Neal             Neilson
Parks                  Perry                  Phillips
M. A. Pitts            Rhoad                  Rivers
Sandifer               Scarborough            Scott
Skelton                D. C. Smith            J. E. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Taylor                 Thompson
Toole                  Trotter                Umphlett

Printed Page 1641 . . . . . Thursday, March 13, 2003

Viers                  Whipper                White
Whitmire               Wilkins                Young

Total--69

Those who voted in the negative are:

Altman                 Anthony                Bales
Bowers                 Branham                Cato
Clark                  Cobb-Hunter            Coleman
Delleney               Emory                  Freeman
Frye                   Gilham                 Gourdine
Hagood                 Hamilton               Haskins
Hayes                  M. Hines               Huggins
Leach                  Limehouse              Loftis
Lucas                  Martin                 McGee
J. M. Neal             Owens                  Pinson
E. H. Pitts            Quinn                  Rice
Richardson             Sheheen                Simrill
Sinclair               G. M. Smith            Stille
Talley                 Townsend               Tripp
Vaughn                 Walker                 Weeks
Witherspoon

Total--46

So, the amendment was tabled.

AMENDMENT NO. 324--MOTION TO RECONSIDER TABLED

Rep. COATES moved to reconsider the vote whereby Amendment No. 324 was tabled.

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

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

Yeas 70; Nays 45

Those who voted in the affirmative are:

Bailey                 Barfield               Battle
Bingham                Breeland               G. Brown

Printed Page 1642 . . . . . Thursday, March 13, 2003

J. Brown               R. Brown               Ceips
Chellis                Clemmons               Clyburn
Cooper                 Cotty                  Dantzler
Davenport              Duncan                 Edge
Govan                  Hagood                 Harrell
Harrison               Herbkersman            J. Hines
Hinson                 Hosey                  Howard
Keegan                 Kennedy                Kirsh
Lee                    Limehouse              Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Mahaffey               McCraw
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             Neilson                Parks
Perry                  Phillips               Rhoad
Rivers                 Sandifer               Scarborough
Scott                  Skelton                D. C. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Talley
Taylor                 Toole                  Trotter
Umphlett               Viers                  Whipper
White                  Whitmire               Wilkins
Young

Total--70

Those who voted in the negative are:

Altman                 Anthony                Bales
Branham                Cato                   Clark
Coates                 Cobb-Hunter            Coleman
Delleney               Emory                  Freeman
Frye                   Gilham                 Gourdine
Hamilton               Haskins                Hayes
M. Hines               Huggins                Koon
Leach                  Loftis                 Martin
McGee                  Merrill                J. M. Neal
Owens                  Pinson                 E. H. Pitts
Quinn                  Rice                   Richardson
Sheheen                Simrill                Sinclair
G. M. Smith            Stille                 Thompson

Printed Page 1643 . . . . . Thursday, March 13, 2003

Townsend               Tripp                  Vaughn
Walker                 Weeks                  Witherspoon

Total--45

So, the motion to reconsider was tabled.

Rep. TOWNSEND proposed the following Amendment No. 325 (Doc Name h:\legwork\house\amend\council\dka\3348dw03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, by adding an appropriately numbered paragraph to read:
/ 72.___._(GP: Sales Taxes On Lottery Tickets)   The sales tax exemption allowed pursuant to Section 12-36-2120(60) of the 1976 Code is suspended for the current fiscal year. For the current fiscal year, the definition of tangible personal property provided pursuant to Section 12-36-60 of the 1976 Code includes a South Carolina Education Lottery Ticket sold by a lottery retailer as provided in Chapter 150, Title 59 of the 1976 Code. For the current fiscal year the definition of gross proceeds of sales pursuant to Section 12-36-90(1) of the 1976 Code includes the proceeds from the sale of a South Carolina Education Lottery Ticket at the ticket price established by the South Carolina Education Lottery Commission, and the revenues generated from the imposition of the sales tax pursuant to the provisions of this paragraph must be deposited in the general fund and appropriated to increase the base student cost. /The base ticket price must remain an even dollar amount.
Renumber sections to conform.
Amend totals and titles to conform.

Rep. TOWNSEND explained the amendment.

ACTING SPEAKER HARRISON IN CHAIR

Rep. TOWNSEND continued speaking.

Rep. WHIPPER moved to table the amendment.


Printed Page 1644 . . . . . Thursday, March 13, 2003

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

Yeas 63; Nays 44

Those who voted in the affirmative are:

Bailey                 Barfield               Battle
Bingham                Bowers                 Branham
Breeland               G. Brown               J. Brown
R. Brown               Ceips                  Chellis
Clemmons               Clyburn                Coates
Cotty                  Dantzler               Davenport
Edge                   Gourdine               Govan
Harrell                Harrison               Herbkersman
J. Hines               Hinson                 Hosey
Howard                 Keegan                 Kennedy
Kirsh                  Lee                    Littlejohn
Lloyd                  Lourie                 Mack
Mahaffey               McCraw                 McLeod
Merrill                Miller                 Parks
Perry                  Rhoad                  Rivers
Sandifer               Scarborough            Scott
Skelton                J. E. Smith            J. R. Smith
W. D. Smith            Snow                   Stewart
Taylor                 Thompson               Toole
Trotter                Umphlett               Weeks
Whipper                Wilkins                Young

Total--63

Those who voted in the negative are:

Anthony                Bales                  Cato
Clark                  Coleman                Cooper
Delleney               Duncan                 Emory
Freeman                Frye                   Hagood
Hamilton               Haskins                Hayes
Huggins                Koon                   Leach
Loftis                 Lucas                  Martin
J. M. Neal             Neilson                Owens
Phillips               Pinson                 E. H. Pitts
Quinn                  Rice                   Richardson
Sheheen                Simrill                Sinclair

Printed Page 1645 . . . . . Thursday, March 13, 2003

G. M. Smith            Stille                 Talley
Townsend               Tripp                  Vaughn
Viers                  Walker                 White
Whitmire               Witherspoon

Total--44

So, the amendment was tabled.

Section 72, as amended, was adopted.

SECTION 73--AMENDED AND ADOPTED

Reps. HARRELL, BATTLE and HARRISON proposed the following Amendment No. 123 (Doc Name h:\legwork\house\amend\h-wm\002\73.2htf1.5m.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, SECTION 73, page 499, paragraph 2, line 1, after /Statewide Funding/ by inserting /Requirements/
Amend the bill further, as and if amended, page 499, paragraph 2, line 5, by striking /$4,000,000/ and by inserting /$5,583,000/
Amend the bill further, as and if amended, page 499, paragraph 2, line 6, after 4070; by inserting: / R12-State Accident Fund: $10,806,184 must be transferred to the general fund from the State Accident Fund Subfund 4033; /
Amend the bill further, as and if amended, page 499, paragraph 2, lines 9-12, by striking: / Amounts transferred pursuant to this paragraph represent funds equivalent to the interest accrued or accruing only on state fund balances in restricted accounts and if it is determined that any portion of the amount transferred is attributable to federal dollars that amount must be made up from the state fund restricted fund balance./
Amend the bill further, as and if amended, page 500, paragraph 2, line 7, by striking: /R14-Patients' Compensation Fund: $406,184 from Subfund 4484 Patients Compensation Fund;/
Amend the bill further, as and if amended, page 500, paragraph 2, line 15, after "fiscal year." by inserting: / Amounts transferred pursuant to this paragraph represent funds equivalent to the interest accrued or accruing only on state fund balances in earmarked and restricted accounts and if it is determined that any portion of the amount


Printed Page 1646 . . . . . Thursday, March 13, 2003

transferred is attributable to federal dollars that amount must be made up from the state fund earmarked and restricted fund balance. /
Amend the bill further, as and if amended, page 500, paragraph 2, line 25, by striking /and/ and after /$602,546/ by inserting before the period:
/J02-Department of Health and Human Services: Medicaid $7,089,302; J12-Department of Mental Health: Crisis Stabilization $2,000,000; X12-Aid to Subdivisions-Comptroller General: $410,698 distributed as follows: Aid Cnty-Clerks of Court $6,567; Aid Cnty-Probate Judges $6,567; Aid Cnty-Sheriffs $6,567; Aid Cnty-Register of Deeds, $2,425; Aid Cnty-Auditors $194,286; and Aid Cnty-Treasurers $194,286; F03-Budget and Control Board: Operating Expenses $400,000; and P24-Department of Natural Resources: Operating Expenses $300,000; H03-Commission on Higher Education: Palmetto Fellows Scholarships $200,000 /
Renumber sections to conform.
Amend totals and titles to conform.

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

SPEAKER IN CHAIR

Reps. SHEHEEN and J. E. SMITH proposed the following Amendment No. 126 (Doc Name h:\legwork\house\amend\ council\nbd\11366ac03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, X91 SECTION 73, page 499, paragraph 73.2, line 15, by striking:/E16-State Treasurer's Office: $2,423,565 from Subfund 4693 Atmc Wste Brl Fd-Chm Nclr;/
Amend the bill further, as and if amended, page 499, paragraph 73.2, lines 18 and 19, by striking:/E16-State Treasurer's Office: $297,341 from Subfund 43A8 Barnwell Economic Dev Fd;/
Amend the bill further, as and if amended, page 499, paragraph 73.2, lines 25-26, by striking:/J04-Dept. of Health and Environmental Control: $193,983 from Subfund 4545 Waste Tire Grant Trust Fund;/
Amend the bill further, as and if amended, page 499, paragraph 73.2, lines 26-27, by striking:/ J04-Dept. of Health and Environmental Control: $84,335 from Subfund 4546 Petroleum Fund;/ /


Printed Page 1647 . . . . . Thursday, March 13, 2003

Amend the bill further, as and if amended, page 499, paragraph 73.2, lines 27-28, by striking:/J04-Dept. of Health and Environmental Control: $458,305 from Subfund 4641 Haz Waste-Permitted Site Fd;/
Amend the bill further, as and if amended, page 499, paragraph 73.2, lines 28-29, by striking:/ J04-Dept. of Health and Environmental Control: $50,602 from Subfund 4865 Solid Waste Mgmt Trust Fund;/
Amend the bill further, as and if amended, page 499, paragraph 73.2, lines 29, by striking:/J04-Dept. of Health and Environmental Control: $76,208 from Subfund 4906 Superb Fin Responsibility;/
Amend the bill further, as and if amended, page 499, paragraph 73.2, lines 30-31, by striking:/J04-Dept. of Health and Environmental Control: $468,008 from Subfund 4984 SUPERB Account;/
Amend the bill further, as and if amended, page 499, paragraph 73.2, lines 34-35, by striking:/P24-Dept. of Natural Resources: $6,781 from Subfund 4189 SC Aquatic Plant Man Tr Fd;/
Amend the bill further, as and if amended, page 499, paragraph 73.2, line 35, by striking:/P24-Dept. of Natural Resources: $4,962 from Subfund 4373 Nongame Wildlife and Natural Areas;/
Amend the bill further, as and if amended, page 499, paragraph 73.2, lines 35-36, by striking:/P24-Dept. of Natural Resources: $185,843 from Subfund 4395 Mitigation Trust Fund;/
Amend the bill further, as and if amended, paragraph 73.2, beginning on page 499, line 36 through page 500, line 1, by striking:/P24-Dept. of Natural Resources: $48,338 from Subfund 4520 Heritage Land Trust Fund;/
Amend the bill further, as and if amended, page 500, paragraph 73.2, lines 1-2, by striking:/P24-Dept. of Natural Resources: $9,411 from Subfund 4795 Jocassee Gorges Trust Fund;/
Amend the bill further, as and if amended, page 500, paragraph 73.2, line 2, by striking:/P28-Dept. of Parks, Recreation and Tourism: $124,859 from Subfund 4126 PRT Development Fund;/
Amend the bill further, as and if amended, page 500, paragraph 73.2, lines 2-3, by striking:/P28-Dept. of Parks, Recreation and Tourism: $82,176 from Subfund 4278 Recreation Land Trust;/
Amend the bill further, as and if amended, page 500, paragraph 73.2, lines 3-4, by striking:/P28-Dept. of Parks, Recreation and Tourism: $21,612 from Subfund 4279 Gifts and Endowments Trust;/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SHEHEEN explained the amendment.


Printed Page 1648 . . . . . Thursday, March 13, 2003

Rep. HOSEY spoke in favor of the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 58; Nays 50

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clemmons               Cooper
Cotty                  Dantzler               Duncan
Edge                   Frye                   Gilham
Harrell                Harrison               Herbkersman
Hinson                 Huggins                Keegan
Kennedy                Kirsh                  Koon
Leach                  Littlejohn             Lucas
Mahaffey               Martin                 McCraw
McGee                  Owens                  Perry
Pinson                 E. H. Pitts            Sandifer
Scarborough            Sinclair               Skelton
D. C. Smith            J. R. Smith            Snow
Stewart                Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Witherspoon
Young

Total--58

Those who voted in the negative are:

Anthony                Bailey                 Bales
Bowers                 Branham                Breeland
G. Brown               Clyburn                Coates
Cobb-Hunter            Coleman                Davenport
Delleney               Emory                  Freeman
Gourdine               Govan                  Hagood
Hamilton               Haskins                Hayes
J. Hines               Hosey                  Howard

Printed Page 1649 . . . . . Thursday, March 13, 2003

Lee                    Limehouse              Lloyd
Lourie                 Mack                   McLeod
Merrill                Miller                 J. H. Neal
J. M. Neal             Parks                  Phillips
M. A. Pitts            Rhoad                  Rice
Richardson             Rivers                 Scott
Sheheen                Simrill                G. M. Smith
J. E. Smith            Stille                 Talley
Weeks                  Whipper

Total--50

So, the amendment was tabled.

Reps. J. E. SMITH, JENNINGS, SHEHEEN, J. H. NEAL and HOWARD proposed the following Amendment No. 293 (Doc Name h:\legwork\house\amend\council\ggs\22972htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, SECTION 73, paragraph 73.2, Beginning on page 499, line 36 through page 500, line 1, by striking:/P24-Dept. of Natural Resources: $48,338 from Subfund 4520 Heritage Land Trust Fund; /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 73; Nays 35

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Battle                 Bingham                Cato
Ceips                  Chellis                Clemmons
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Frye                   Gilham
Hamilton               Harrell                Harrison

Printed Page 1650 . . . . . Thursday, March 13, 2003

Herbkersman            Hinson                 Huggins
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mahaffey               Martin                 McCraw
McGee                  Merrill                Neilson
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Rhoad                  Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            W. D. Smith            Stewart
Stille                 Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Trotter                Umphlett
Vaughn                 Viers                  White
Whitmire               Wilkins                Witherspoon
Young

Total--73

Those who voted in the negative are:

Anthony                Bales                  Bowers
Breeland               G. Brown               J. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Emory                  Freeman
Gourdine               Govan                  Hagood
Hayes                  J. Hines               Hosey
Howard                 Lee                    Lloyd
Lourie                 Mack                   McLeod
Miller                 Moody-Lawrence         J. M. Neal
Rice                   Richardson             Rivers
Scott                  Sheheen                J. E. Smith
Weeks                  Whipper

Total--35

So, the amendment was tabled.

Reps. J. E. SMITH, JENNINGS, SHEHEEN, J. H. NEAL and HOWARD proposed the following Amendment No. 295 (Doc Name


Printed Page 1651 . . . . . Thursday, March 13, 2003

h:\legwork\house\amend\council\nbd\11398ac03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, page 499, paragraph 73.2, lines 27-28, by striking:/J04-Dept. of Health and Environmental Control: $458,305 from Subfund 4641 Haz Waste-Permitted Site Fd;/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

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

Reps. J. E. SMITH, JENNINGS, SHEHEEN, J. H. NEAL AND HOWARD proposed the following Amendment No. 298 (Doc Name h:\legwork\house\amend\council\nbd\11395ac03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, page 499, paragraph 73.2, lines 18 and 19, by striking:/E16-State Treasurer's Office: $297,341 from Subfund 43A8 Barnwell Economic Dev Fd;/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COOPER moved to table the amendment.

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

Yeas 66; Nays 44

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Cooper                 Cotty                  Dantzler
Delleney               Duncan                 Edge
Frye                   Gilham                 Harrell
Harrison               Hinson                 Huggins
Keegan                 Kirsh                  Koon
Leach                  Limehouse              Littlejohn
Lucas                  Mahaffey               McCraw
McGee                  Merrill                Moody-Lawrence

Printed Page 1652 . . . . . Thursday, March 13, 2003

Neilson                Owens                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Sandifer
Scarborough            Simrill                Sinclair
Skelton                D. C. Smith            J. R. Smith
W. D. Smith            Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 White
Whitmire               Wilkins                Young

Total--66

Those who voted in the negative are:

Anthony                Bailey                 Bales
Bowers                 Branham                Breeland
G. Brown               J. Brown               R. Brown
Coates                 Cobb-Hunter            Coleman
Davenport              Emory                  Freeman
Gourdine               Govan                  Hagood
Hayes                  Herbkersman            J. Hines
M. Hines               Hosey                  Howard
Kennedy                Lee                    Lloyd
Lourie                 Mack                   McLeod
Miller                 J. H. Neal             J. M. Neal
Parks                  Rhoad                  Rice
Richardson             Rivers                 Scott
Sheheen                G. M. Smith            J. E. Smith
Snow                   Weeks

Total--44

So, the amendment was tabled.

Reps. J. E. SMITH, JENNINGS and SHEHEEN proposed the following Amendment No. 306 (Doc Name h:\legwork\house\amend\ council\gjk\20341htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, SECTION 73, page 499, paragraph 73.2, line 35, by striking:


Printed Page 1653 . . . . . Thursday, March 13, 2003

/P24-Dept. of Natural Resources: $4,962 from Subfund 4373 Nongame Wildlife and Natural Areas;/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. E. SMITH explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 60; Nays 50

Those who voted in the affirmative are:

Altman                 Barfield               Bingham
G. Brown               Cato                   Ceips
Chellis                Clemmons               Cooper
Cotty                  Dantzler               Delleney
Duncan                 Frye                   Gilham
Harrell                Harrison               Haskins
Hinson                 Huggins                Keegan
Kirsh                  Koon                   Leach
Littlejohn             Loftis                 Mahaffey
Martin                 McCraw                 McGee
Merrill                Owens                  Perry
Phillips               Pinson                 E. H. Pitts
Quinn                  Sandifer               Scarborough
Simrill                Sinclair               Skelton
D. C. Smith            J. R. Smith            Stewart
Stille                 Taylor                 Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 White                  Whitmire
Wilkins                Witherspoon            Young

Total--60

Those who voted in the negative are:

Anthony                Bailey                 Bales
Bowers                 Branham                Breeland
J. Brown               R. Brown               Clyburn

Printed Page 1654 . . . . . Thursday, March 13, 2003

Coates                 Cobb-Hunter            Coleman
Davenport              Emory                  Freeman
Gourdine               Govan                  Hagood
Hamilton               Hayes                  Herbkersman
J. Hines               M. Hines               Hosey
Howard                 Kennedy                Lee
Limehouse              Lloyd                  Lourie
Lucas                  Mack                   McLeod
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Parks
Rice                   Richardson             Rivers
Scott                  Sheheen                G. M. Smith
J. E. Smith            Snow                   Talley
Thompson               Weeks

Total--50

So, the amendment was tabled.

Rep. MCLEOD proposed the following Amendment No. 124 (Doc Name h:\legwork\house\amend\council\pt\1372mm03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, page 501, by adding an appropriately numbered paragraph after line 36 to read:
/   73.___.   (Education Finance Act Funding) In addition to all other taxes and license fees required to be imposed by law, during Fiscal Year 2003-04, the following surcharges are imposed:

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

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

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

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

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


Printed Page 1655 . . . . . Thursday, March 13, 2003

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

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

(B)   The revenue collected pursuant to subsection (A) must be collected by the Department of Revenue and paid to the State Treasurer on a monthly basis. The State Treasurer shall allocate and transfer these funds to the State Department of Education to be used to offset reductions in the Education Finance Act allocations. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MCLEOD explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. MCLEOD spoke in favor of the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 67; Nays 25

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Battle                 Bingham                Bowers
Cato                   Ceips                  Chellis
Clark                  Clemmons               Coates
Coleman                Cooper                 Cotty
Dantzler               Davenport              Duncan
Frye                   Hagood                 Hamilton
Harrell                Harrison               Haskins
Herbkersman            Hinson                 Huggins
Keegan                 Kirsh                  Koon
Limehouse              Littlejohn             Lourie

Printed Page 1656 . . . . . Thursday, March 13, 2003

Lucas                  McCraw                 McGee
Merrill                Neilson                Owens
Perry                  Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rice
Sandifer               Scarborough            Sheheen
Simrill                Skelton                D. C. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Talley                 Taylor
Thompson               Tripp                  Trotter
Umphlett               Viers                  Weeks
White                  Whitmire               Wilkins
Young

Total--67

Those who voted in the negative are:

Anthony                Barfield               Breeland
G. Brown               R. Brown               Clyburn
Cobb-Hunter            Delleney               Emory
Freeman                Hayes                  Hosey
Leach                  Lloyd                  Mack
Mahaffey               McLeod                 Moody-Lawrence
J. H. Neal             J. M. Neal             Parks
Phillips               Rivers                 Sinclair
Walker

Total--25

So, the amendment was tabled.

SPEAKER IN CHAIR

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Section 73.3 was out of order in that it attempted to impose a new criminal sanction in the permanent provisions of the Appropriation Bill.
SPEAKER WILKINS overruled the Point of Order.

SPEAKER PRO TEMPORE IN CHAIR


Printed Page 1657 . . . . . Thursday, March 13, 2003

Reps. KIRSH and TROTTER proposed the following Amendment No. 174 (Doc Name h:\legwork\house\amend\h-wm\004\ assessment.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, SECTION 73, page 501, paragraph 3, lines 10 through 36, by striking:/the proviso in its entirety/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KIRSH explained the amendment.

Rep. HARRELL spoke against the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 98; Nays 15

Those who voted in the affirmative are:

Altman                 Anthony                Bailey
Bales                  Barfield               Battle
Bingham                Breeland               G. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coates                 Cobb-Hunter            Coleman
Cotty                  Delleney               Duncan
Edge                   Emory                  Freeman
Frye                   Gilham                 Gourdine
Govan                  Hagood                 Harrell
Harrison               Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hosey                  Howard
Huggins                Kennedy                Koon
Leach                  Lee                    Limehouse
Littlejohn             Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 McGee                  Merrill
Miller                 Moody-Lawrence         J. H. Neal
J. M. Neal             Neilson                Owens
Parks                  Perry                  Phillips

Printed Page 1658 . . . . . Thursday, March 13, 2003

Pinson                 E. H. Pitts            M. A. Pitts
Quinn                  Richardson             Rivers
Sandifer               Scarborough            Scott
Sheheen                Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            W. D. Smith            Snow
Stewart                Talley                 Taylor
Thompson               Toole                  Tripp
Umphlett               Vaughn                 Viers
Walker                 Weeks                  Whipper
White                  Whitmire               Wilkins
Witherspoon            Young

Total--98

Those who voted in the negative are:

Bowers                 Branham                R. Brown
Cooper                 Davenport              Hamilton
Kirsh                  Lloyd                  Loftis
McLeod                 Rice                   J. E. Smith
Stille                 Townsend               Trotter

Total--15

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 67 (Doc Name h:\legwork\house\amend\h-wm\010\lawenforcement funding2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, SECTION 73, page 501, paragraph 3, lines 15-19, by striking /The State Treasurer shall allocate and transfer forty percent of these funds quarterly to the circuit solicitors in the manner hereinafter provided, twenty percent to the Department of Juvenile Justice for the Coastal Evaluation Center and for Assault Prevention, sixteen percent to the State Law Enforcement Division for its general purposes, sixteen percent to the Department of Corrections for its general purposes, four percent to the Attorney General's Office for its general purposes, and four percent to the Judicial Department for its general purposes./
and inserting /The State Treasurer shall allocate and transfer eight percent of these funds quarterly to the solicitors in the manner


Printed Page 1659 . . . . . Thursday, March 13, 2003

hereinafter provided, twenty percent to the Department of Juvenile Justice for the Coastal evaluation Center and for Assault Prevention, sixty percent to the Department of Corrections for its general purposes, eight percent to the Judicial Department for its general purposes, two percent to the office of indigent defense for defense of indigent/per capita to offset the effects of implementing the 2000 census, and two percent to the office of Appellant Defense for use in offsetting budget cuts./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 80; Nays 31

Those who voted in the affirmative are:

Altman                 Barfield               Battle
Bingham                Cato                   Ceips
Chellis                Clark                  Clemmons
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Frye                   Gilham                 Hagood
Harrell                Harrison               Haskins
Herbkersman            M. Hines               Hinson
Huggins                Keegan                 Kirsh
Koon                   Leach                  Lee
Limehouse              Littlejohn             Lourie
Lucas                  Mahaffey               Martin
McCraw                 McGee                  Merrill
J. M. Neal             Owens                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rice
Richardson             Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
J. R. Smith            W. D. Smith            Stewart

Printed Page 1660 . . . . . Thursday, March 13, 2003

Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Trotter                Umphlett               Vaughn
Viers                  Walker                 Weeks
White                  Whitmire               Wilkins
Witherspoon            Young

Total--80

Those who voted in the negative are:

Anthony                Bailey                 Bowers
Branham                Breeland               G. Brown
Clyburn                Cobb-Hunter            Freeman
Gourdine               Govan                  Hamilton
Hayes                  J. Hines               Hosey
Howard                 Kennedy                Lloyd
Mack                   McLeod                 Miller
Moody-Lawrence         J. H. Neal             Parks
Rhoad                  Rivers                 Sheheen
J. E. Smith            Snow                   Stille
Whipper

Total--31

So, the amendment was tabled.

Rep. TOWNSEND moved to table the Section.

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

Yeas 18; Nays 91

Those who voted in the affirmative are:

Anthony                Branham                Cobb-Hunter
Emory                  Hosey                  Howard
Kirsh                  Koon                   Lee
Mack                   Martin                 McLeod
J. H. Neal             Rivers                 Sheheen
J. E. Smith            Townsend               Trotter

Total--18


Printed Page 1661 . . . . . Thursday, March 13, 2003

Those who voted in the negative are:
Altman                 Bailey                 Bales
Barfield               Battle                 Bingham
Bowers                 Breeland               G. Brown
Cato                   Ceips                  Chellis
Clark                  Clemmons               Clyburn
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Freeman
Frye                   Gilham                 Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
M. Hines               Hinson                 Huggins
Keegan                 Kennedy                Leach
Limehouse              Littlejohn             Lloyd
Lourie                 Lucas                  Mahaffey
McCraw                 McGee                  Merrill
Miller                 Moody-Lawrence         Neilson
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Quinn                  Rhoad
Rice                   Richardson             Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
G. M. Smith            J. R. Smith            W. D. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Thompson
Toole                  Tripp                  Umphlett
Vaughn                 Viers                  Walker
Weeks                  Whipper                White
Whitmire               Wilkins                Witherspoon
Young

Total--91

So, the House refused to table the Section.

Section 73, as amended, was adopted.


Printed Page 1662 . . . . . Thursday, March 13, 2003

AMENDMENT NO. 104--MOTION TO RECONSIDER TABLED

The motion of Rep. M. A. PITTS to reconsider the vote whereby Amendment No. 104 was tabled was taken up.

Rep. HARRELL moved to table the motion to reconsider, which was agreed to.

SECTION 56DD--MOTION TO RECONSIDER TABLED

The motion of Rep. HARRELL to reconsider the vote whereby Section 56DD was adopted was taken up.

Rep. YOUNG moved to table the motion.

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

Yeas 77; Nays 35

Those who voted in the affirmative are:

Bales                  Battle                 Bingham
Branham                Breeland               G. Brown
Chellis                Clark                  Coleman
Cooper                 Cotty                  Dantzler
Delleney               Edge                   Emory
Gilham                 Gourdine               Govan
Hagood                 Hamilton               Harrell
Harrison               Haskins                J. Hines
M. Hines               Hinson                 Hosey
Huggins                Keegan                 Kennedy
Kirsh                  Koon                   Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Mahaffey               Martin
McCraw                 Merrill                Miller
Moody-Lawrence         J. M. Neal             Owens
Parks                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Quinn
Rhoad                  Rice                   Rivers
Sandifer               Scarborough            Scott
Sheheen                Sinclair               Skelton
G. M. Smith            J. R. Smith            W. D. Smith

Printed Page 1663 . . . . . Thursday, March 13, 2003

Thompson               Toole                  Townsend
Umphlett               Vaughn                 Walker
Weeks                  Whipper                Whitmire
Wilkins                Young

Total--77

Those who voted in the negative are:

Anthony                Bailey                 Barfield
Bowers                 J. Brown               R. Brown
Cato                   Ceips                  Clemmons
Clyburn                Coates                 Davenport
Duncan                 Freeman                Frye
Hayes                  Herbkersman            Howard
Loftis                 McLeod                 J. H. Neal
Neilson                Perry                  Richardson
Simrill                D. C. Smith            J. E. Smith
Snow                   Stewart                Stille
Talley                 Taylor                 Viers
White                  Witherspoon

Total--35

So, the motion to reconsider was tabled.

MOTION ADOPTED

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

POINT OF ORDER

Rep. J. E. SMITH raised the Point of Order that H. 3749 was out of order in that it did not comply with Code Section 12-37-251. He stated that the Bill funded property tax relief, but did not fully fund the Education Finance Act.
SPEAKER WILKINS stated that the Appropriation Bill was not in violation of the Code Section and he overruled the Point of Order.

Rep. J. E. SMITH spoke against the Bill.
Rep. EMORY spoke against the Bill.
Rep. J. H. NEAL spoke against the Bill.
Rep. HARRELL spoke in favor of the Bill.


Printed Page 1664 . . . . . Thursday, March 13, 2003

Rep. G. BROWN spoke against the Bill.
Rep. WALKER spoke against the Bill.
Rep. GOVAN spoke against the Bill.
Rep. HOWARD spoke against the Bill.

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

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

Yeas 74; Nays 43

Those who voted in the affirmative are:

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

Total--74


Printed Page 1665 . . . . . Thursday, March 13, 2003

Those who voted in the negative are:
Anthony                Barfield               Bowers
Branham                Breeland               G. Brown
R. Brown               Clyburn                Cobb-Hunter
Coleman                Davenport              Emory
Freeman                Gourdine               Govan
Hayes                  J. Hines               M. Hines
Hosey                  Howard                 Kennedy
Lee                    Lloyd                  Lourie
Mack                   McLeod                 Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Parks                  Phillips               Rice
Rivers                 Rutherford             Scott
Sheheen                J. E. Smith            Snow
Stille                 Walker                 Weeks
Whipper

Total--43

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

RECORD FOR VOTING

I was granted a leave of absence due to illness and was not present for the final vote on the budget. However, I wish to be recorded as voting no because I am concerned that this budget failed to adequately protect South Carolina's most important priorities.
Rep. Doug Jennings

RECORD FOR VOTING

I was temporarily out of the Chamber. I would have voted yes.
Rep. Joe E. Brown

H. 3749-THE GENERAL APPROPRIATION BILL
STATEMENTS FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

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


Printed Page 1666 . . . . . Thursday, March 13, 2003

Part IA and Part IB, Sections 44, 46, 43 and 51
The reason for abstaining on the above referenced legislation is:

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

Rep. JOHN GRAHAM ALTMAN

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

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

The reason for abstaining on the above referenced legislation is:

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

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

Rep. CREIGHTON B. COLEMAN

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 43, 44, 45, 46, 50, 51, 38, 54 and 55

The reason for abstaining on the above referenced legislation is:

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

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


Printed Page 1667 . . . . . Thursday, March 13, 2003

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

Rep. BILL COTTY

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

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

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

Rep. F. GREG DELLENEY

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 9, 50 and 55

The reason for abstaining on the above referenced legislation is:

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

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

Rep. BEN HAGOOD

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


Printed Page 1668 . . . . . Thursday, March 13, 2003

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 5, 35, 36, 38,40, 43, 44, 51, 53B, 55, 56C

The reason for abstaining on the above referenced legislation is:

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

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

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

Rep. JAMES HARRISON

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 13, 44, 55, 38, 46, 43, 45, 51, 50 and 9
The reason for abstaining on the above referenced legislation is:

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

Rep. DOUG JENNINGS

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


Printed Page 1669 . . . . . Thursday, March 13, 2003

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

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

Rep. JAY LUCAS

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

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

The reason for abstaining on the above referenced legislation is:

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

Rep. DAVID J. MACK III

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 5, 35, 36, 38,40, 43, 44, 51, 53B, 55, 56C

The reason for abstaining on the above referenced legislation is:

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


Printed Page 1670 . . . . . Thursday, March 13, 2003

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

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

Rep. JAMES MCGEE

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

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

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

Rep. R. THAYER RIVERS

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 5KA, 35, 36, 38, 40, 43, 44, 51, 53B, 55 and 46

The reason for abstaining on the above referenced legislation is:

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

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


Printed Page 1671 . . . . . Thursday, March 13, 2003

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

Rep. VINCENT SHEHEEN

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

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

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

Rep. PHIL SINCLAIR

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

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

The reason for abstaining on the above referenced legislation is:

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

Rep. B. R. SKELTON

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Sections 44, 8.18, 63-0017.08, 43, 24, 55, 38, 46, 45, 51, 50

The reason for abstaining on the above referenced legislation is:


Printed Page 1672 . . . . . Thursday, March 13, 2003

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

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

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

Rep. G. MURRELL SMITH, JR.

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 8, 27, 28, 30, 33, 36, 38, 42, 43, 47, 50, 55, 63 and 64

The reason for abstaining on the above referenced legislation is:

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

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

Rep. W. DOUG SMITH

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

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


Printed Page 1673 . . . . . Thursday, March 13, 2003

Part IA and Part IB, Sections 8, 27, 28, 30, 33, 36, 38, 42, 43, 47, 50, 55, 63 and 64

The reason for abstaining on the above referenced legislation is:

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

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

Rep. SCOTT F. TALLEY

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 69A and 73

The reason for abstaining on the above referenced legislation is:

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

Rep. C. DAVID UMPHLETT, JR.

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

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

The reason for abstaining on the above referenced legislation is:

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

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


Printed Page 1674 . . . . . Thursday, March 13, 2003

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

Rep. J. DAVID WEEKS

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Sections 38, 42, 43, 51, 55 and 66
The reason for abstaining on the above referenced legislation is:

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

Rep. DAVID H. WILKINS

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

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3774 (Word version) -- Reps. Delleney, Coleman and McCraw: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF SHAR'DAYE RHINEHART OF CHESTER, WHO PASSED AWAY AT THE YOUTHFUL AGE OF ELEVEN AND TO EXTEND OUR DEEPEST SYMPATHY TO HER LOYAL AND LOVING RELATIVES, FRIENDS, AND CHURCH FAMILY.

H. 3776 (Word version) -- Reps. Edge, Keegan, Clemmons, Barfield, Viers, Witherspoon, Allen, Altman, Anthony, Bailey, Bales, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell,


Printed Page 1675 . . . . . Thursday, March 13, 2003

Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Walker, Weeks, Whipper, White, Whitmire, Wilkins and Young: A CONCURRENT RESOLUTION TO COMMEND L. MORGAN MARTIN OF CONWAY FOR HIS OUTSTANDING LEADERSHIP AND ACCOMPLISHMENTS IN IMPROVING TRANSPORTATION DURING HIS TENURE AS CHAIRMAN OF THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, CONGRATULATE HIM FOR HIS EXEMPLARY RECORD OF PUBLIC SERVICE AS A DISTINGUISHED TRIAL LAWYER, STATE PROSECUTOR, AND MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

H. 3789 (Word version) -- Reps. Huggins and Quinn: A CONCURRENT RESOLUTION TO CONGRATULATE THE DUTCH FORK HIGH SCHOOL "SILVER FOXES" WRESTLING TEAM ON WINNING THE 2003 STATE CLASS AAAA WRESTING CHAMPIONSHIP, TO COMMEND THESE TALENTED ATHLETES AND THEIR COACH FOR THE HARD WORK, TENACITY, AND COMPETITIVE SPIRIT THAT ENABLED THE "SILVER FOXES" TO BECOME A CHAMPIONSHIP WRESTLING TEAM, AND TO WISH THEM EVERY SUCCESS IN THEIR ACADEMIC AND ATHLETIC CAREERS AND IN ALL OF THEIR FUTURE ENDEAVORS.

H. 3790 (Word version) -- Reps. Leach, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes,


Printed Page 1676 . . . . . Thursday, March 13, 2003

Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE AARON WEST, CRAIGEN SCHOEN, DR. WILLIAM C. "BILL" LOGAN, JR., AND WILL FOWLER WHO RISKED THEIR LIVES BY RESCUING A WOMAN AND HER THREE CHILDREN FROM ICY WATERS WHEN HER CAR SKIDDED OFF AN ICY ROAD IN GREENVILLE COUNTY ON FEBRUARY 16, 2003.

ADJOURNMENT

At 11:05 p.m. the House, in accordance with the motion of Rep. J. HINES, adjourned in memory of Rev. John Allsbrook of Darlington, to meet at 10:00 a.m. tomorrow.

***

This web page was last updated on Wednesday, June 24, 2009 at 3:30 P.M.