House Journal for Mar. 28, 2006 - South Carolina Legislature Online

TUESDAY, MARCH 28, 2006

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 Romans 12:9-10: “Let love be genuine; hate what is evil, hold fast to what is good; love one another with mutual affection; outdo one another in showing honor.”

Let us pray. Patient God, You have filled our lives with faithful models. Help us to follow their example. Guide each today to have compassion, courage and integrity. Give these Your people the willingness to cooperate without compromising conviction. Bless our Nation, President, State, Governor and all leaders. Protect our defenders of freedom as they protect us. We pray in the name of our Lord. Amen.

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

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

MOTION ADOPTED

Rep. STEWART moved that when the House adjourns, it adjourn in memory of J. M. Fulmer of Aiken, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 4899 -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G.Brown, J.Brown, R.Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J.Hines, M.Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J.H.Neal, J.M.Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H.Pitts, M.A.Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D.C.Smith, F.N.Smith, G.M.Smith, G.R.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR AND COMMEND NANCY GREGORY OF RICHLAND COUNTY FOR HER OUTSTANDING CONTRIBUTIONS TO SOUTH CAROLINA PUBLIC SCHOOLS AND TO CONGRATULATE HER ON BEING NAMED SOUTH CAROLINA'S MIDDLE SCHOOL PRINCIPAL OF THE YEAR.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4900 -- Rep. Vaughn: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR BEN H. DILLARD OF GREENVILLE COUNTY FOR HIS TWENTY-SEVEN YEARS OF DEDICATION AND SERVICE TO THE COMMUNITY AS A SOIL AND WATER CONSERVATION DISTRICT COMMISSIONER AND AS AN ADVOCATE FOR THE PROTECTION OF NATURAL RESOURCES.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4901 -- Rep. Bowers: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. LUTHER STEWART OF VARNVILLE ON THEIR TWENTY-FIFTH WEDDING ANNIVERSARY ON APRIL 11, 2006, AND TO EXTEND BEST

WISHES TO THE ENTIRE STEWART FAMILY ON THIS WONDERFUL OCCASION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4902 -- Reps. J.Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G.Brown, R.Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J.Hines, M.Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J.H.Neal, J.M.Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H.Pitts, M.A.Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C.Smith, F.N.Smith, G.M.Smith, G.R.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DIVA GIRLZ, INC., A SOUTH CAROLINA COMPANY ORGANIZED FOR THE EMPOWERMENT OF WOMEN AND ITS FOUNDER, MS. WOODEENA (DINA) CURRY, FOR ALL THEIR TRULY WONDERFUL EFFORTS IN AIDING AND ASSISTING VICTIMS OF HURRICANE KATRINA WHO HAVE RELOCATED TO SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4903 -- Reps. J.Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G.Brown, R.Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J.Hines, M.Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J.H.Neal, J.M.Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H.Pitts, M.A.Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D.C.Smith, F.N.Smith, G.M.Smith, G.R.Smith, J.E.Smith, J.R.Smith, W.D.Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE CLERGY AND CONGREGANTS OF THE SECOND CALVARY BAPTIST CHURCH OF RICHLAND COUNTY FOR THEIR OUTSTANDING FAITH AND TO WISH THEM ALL THE BEST UPON THEIR MOVE TO A NEW LOCATION ON APRIL 9, 2006.

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

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4904 -- Rep. White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 35, TITLE 44, ENACTING THE "CANCER DRUG DONATION PROGRAM ACT" SO AS TO ESTABLISH THIS PROGRAM IN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR THE DONATION OF CANCER DRUGS TO CERTAIN PATIENTS WHO DO NOT QUALIFY FOR MEDICAID OR ANY STATE FUNDED PRESCRIPTION DRUG PROGRAM; TO ESTABLISH CERTAIN RESTRICTIONS ON DRUGS AND SUPPLIES THAT MAY BE DONATED TO THE PROGRAM; TO REQUIRE THE DEPARTMENT TO ESTABLISH PATIENT ELIGIBILITY CRITERIA, STANDARDS AND PROCEDURES FOR ACCEPTING, STORING, DISTRIBUTING, AND DISPENSING DONATED DRUGS, AND HANDLING FEES; TO REQUIRE THE DEPARTMENT TO ESTABLISH A PROGRAM PARTICIPANT REGISTRY; AND TO ESTABLISH IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY AND FROM PROFESSIONAL DISCIPLINARY ACTION; AND TO DESIGNATE SECTIONS 44-35-5 THROUGH 44-35-100 AS ARTICLE 1, CHAPTER 35, TITLE 44 ENTITLED "SOUTH CAROLINA CENTRAL CANCER REGISTRY".

Referred to Committee on Medical, Military, Public and Municipal Affairs

ACTING SPEAKER HARVIN IN CHAIR

SPEAKER IN CHAIR

ROLL CALL

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 28.

Total Present--123

DOCTOR OF THE DAY

Announcement was made that Dr. Charles B. Thomas of Greenville is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:

"5.2Every 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 cosponsors may be added. A member may add his name to a bill or resolution or a cosponsor 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 cosponsor 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 cosponsor’s written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee.”

CO-SPONSOR ADDED

CO-SPONSOR ADDED

CO-SPONSOR ADDED

CO-SPONSOR ADDED

CO-SPONSOR ADDED

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

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

H. 4810--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Part IA, Section 56A.

H. 4810--THE GENERAL APPROPRIATION BILL

PART IA

SECTION 56A--AMENDED AND ADOPTED

Rep. SANDIFER proposed the following Amendment No.43 (Doc Name h:\legwork\house\amend\h-wm\001\56a back esc.doc), which was adopted:

Amend the bill, as and if amended, Part IA, Section 56A, GOVERNOR'S OFF-EXECUTIVE CONTROL OF STATE, page 271, line 5, opposite /Unclassified Positions/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3Column 4

844,376844,376

(20.00)(20.00)

Renumber sections to conform.

Amend totals and titles to conform.

Rep. SANDIFER explained the amendment.

The amendment was then adopted.

Section 56A, as amended, was adopted.

SECTION 56C--AMENDED AND ADOPTED

Rep. SANDIFER proposed the following Amendment No.42 (Doc Name h:\legwork\house\amend\h-wm\004\56c oepp ftes ecs.doc), which was adopted:

Amend the bill, as and if amended, Part IA, Section 56C, Governor’s Off- Executive Policy & Programs, page 278, line 16, opposite /Classified Positions/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3Column 4

629,208629,208

(16.00)(16.00)

Renumber sections to conform.

Amend totals and titles to conform.

Rep. SANDIFER explained the amendment.

The amendment was then adopted.

Section 56C, as amended, was adopted.

SECTION 63--AMENDED AND ADOPTED

Rep. SANDIFER proposed the following Amendment No.40 (Doc Name h:\legwork\house\amend\h-wm\004\63 bcb fte back in ecs.doc), which was adopted:

Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 304, line 19, opposite /Unclassified Positions/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3Column 4

35,00035,000

(1.00)(1.00)

Renumber sections to conform.

Amend totals and titles to conform.

Rep. SANDIFER explained the amendment.

The amendment was then adopted.

Rep. COOPER proposed the following Amendment No.9 (Doc Name h:\legwork\house\amend\h-wm\004\63bcboperating cooper.doc), which was adopted:

Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 311, line 6, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3Column 4

100,000100,000

Renumber sections to conform.

Amend totals and titles to conform.

Rep. COOPER explained the amendment.

POINT OF ORDER

Rep. SCARBOROUGH raised the Point of Order that Amendment No. 9 was out of order in that it was in violation of Article XVII, Section 7 of the South Carolina Constitution which specifies that Education Lottery funds must be used for educational purposes only.

Rep. COOPER argued that the money being appropriated in Amendment No. 9 was not lottery fund money. He stated that $11 million dollars in lottery revenue had been used earlier to fund education projects - thereby allowing $11 million in General Fund revenues to be used for other purposes. He stated that Amendment No. 9 appropriated $100,000 of that $11 million in General Fund revenues.

SPEAKER HARRELL stated that the amendment appropriated $100,000 dollars in General Fund dollars that had become available because an increase in lottery revenues. He stated further that Amendment No. 9 did not appropriate lottery funds. Therefore, he overruled the Point of Order.

The amendment was then adopted.

Reps. LUCAS and COOPER proposed the following Amendment No.25 (Doc Name h:\legwork\house\amend\h-wm\004\63 loc govt grants .doc), which was adopted:

Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 315, immediately after line 14, by inserting a new line to read:

Column 3Column 4

Local Govt Grants Program

2,524,0002,524,000

Renumber sections to conform.

Amend totals and titles to conform.

Rep. LUCAS explained the amendment.

The amendment was then adopted.

Reps. J. H. NEAL and MOODY-LAWRENCE proposed the following Amendment No.124 (Doc Name h:\legwork\house\amend\h-wm\004\63 bcb clinton jr coll.doc), which was tabled:

Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 315, immediately after line 14, by inserting a new line to read:

Column 3Column 4

Clinton Jr. Coll-Elem Ed Assoc Deg

500,000500,000

Renumber sections to conform.

Amend totals and titles to conform.

Rep. J.H.NEAL explained the amendment.

Rep. MCGEE moved to table the amendment.

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

Yeas 56; Nays 33

Those who voted in the affirmative are:

Total--56

Those who voted in the negative are:

Total--33

So, the amendment was tabled.

Reps. OTT, J. E. SMITH and COOPER proposed the following Amendment No.10 (Doc Name h:\legwork\house\amend\h-wm\004\63 add 4 ftes scrs-.doc), which was adopted:

Amend the bill, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, page 318, immediately after line 35, by inserting new lines and adding amounts in Column 3 to read:

Column 3Column 4

/Customer Scvs Rep/

54,000

(2.00)

/Fiscal Analyst/

100,000

(2.00)

Amend the bill further, as and if amended, page 319, line 11, opposite /Employer Contributions/ by increasing the amount(s) in Column 3 by:

Column 3Column 4

45,920

Renumber sections to conform.

Amend totals and titles to conform.

Rep. COOPER explained the amendment.

The amendment was then adopted.

Rep. WHITE proposed the following Amendment No.142 (Doc Name h:\legwork\house\amend\h-wm\001\63 loc gov grants +100k.doc), which was adopted:

Amend amendment 25 sub, doc h:\legwork\house\amend\h-wm\004\63 loc govt grants.doc, as and if amended, Part IA, Section 63, BUDGET AND CONTROL BOARD, by increasing the Local Gov’t Grants Program line item:

Column 3Column 4

100,000100,000

Renumber sections to conform.

Amend totals and titles to conform.

Rep. WHITE explained the amendment.

The amendment was then adopted.

Section 63, as amended, was adopted.

PART IB

SECTION 1--AMENDED AND INTERRUPTED DEBATE

Reps. TOWNSEND, WALKER and COTTY proposed the following Amendment No.71 (Doc Name h:\legwork\house\amend\h-wm\007\praxis waiver - townsend.doc), which was adopted:

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 347, paragraph 30, line 16, by inserting at the end:

/However, any person having attained 1100 or better on the SAT or a comparable ACT score shall be exempt from this requirement. /

Renumber sections to conform.

Amend totals and titles to conform.

Rep. TOWNSEND explained the amendment.

The amendment was then adopted.

Rep. SIMRILL proposed the following Amendment No.101 (Doc Name h:\legwork\house\amend\h-wm\001\sch bd meeting 501c3.doc):

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 349, paragraph 1.45, lines 31-34, by striking: /No organization exempt from taxation under Internal Revenue Code Section 501(c)(3) shall be considered to be a public body or to be supported by public funds because it receives membership dues from public employees, publicly elected or appointed officials, political subdivisions, or agencies of the State./

Renumber sections to conform.

Amend totals and titles to conform.

Rep. SIMRILL explained the amendment.

Rep. COTTY spoke in favor of the amendment.

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

Rep. GOVAN proposed the following Amendment No.70 (Doc Name h:\legwork\house\amend\h-wm\007\govan-ecproviso.doc), which was tabled: