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:
Agnew / Anderson / AnthonyBailey / Bales / Ballentine
Bannister / Barfield / Battle
Bingham / Bowers / Brady
Branham / Breeland / J.Brown
R.Brown / Cato / Ceips
Chalk / Chellis / Clark
Clemmons / Clyburn / Cobb-Hunter
Cooper / Dantzler / Duncan
Edge / Emory / Frye
Funderburk / Haley / Hamilton
Hardwick / Harrell / Harrison
Harvin / Haskins / Hayes
Herbkersman / J.Hines / M.Hines
Hinson / Hiott / Hodges
Hosey / Howard / Huggins
Jefferson / Kirsh / Leach
Littlejohn / Loftis / Mack
Mahaffey / McCraw / McGee
McLeod / Merrill / Miller
J.H.Neal / J.M.Neal / Owens
Parks / Perry / E.H.Pitts
M.A.Pitts / Rhoad / Rice
Rivers / Rutherford / Sandifer
Scarborough / Scott / Simrill
Sinclair / Skelton / D.C.Smith
G.R.Smith / J.E.Smith / J.R.Smith
W.D.Smith / Stewart / Talley
Taylor / Thompson / Toole
Umphlett / Vaughn / Walker
Whipper / White / Whitmire
Witherspoon / Young
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, March 28.
Creighton Coleman / H. B. "Chip" LimehouseJames Lucas / Harry Ott
Daniel Tripp / Olin Phillips
Ralph Davenport / Ronald Townsend
Kenneth Kennedy / Grady Brown
Marty Coates / Greg Delleney
Jerry Govan / Becky Martin
G. Murrell Smith / Bill Cotty
John Altman / Denny Neilson
Bessie Moody-Lawrence / Ralph Norman
Douglas Jennings / Karl Allen
Fletcher Smith / Lewis E. Pinson
Ted Vick / Harold Mitchell
Thad Viers / David Weeks
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:
"5.2 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 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
Bill Number: / H.3132Date: / ADD:
03/28/06 / WHITMIRE
CO-SPONSOR ADDED
Bill Number: / H.4891Date: / ADD:
03/28/06 / PERRY
CO-SPONSOR ADDED
Bill Number: / H.4875Date: / ADD:
03/28/06 / VAUGHN
CO-SPONSOR ADDED
Bill Number: / H.4882Date: / ADD:
03/28/06 / HALEY
CO-SPONSOR ADDED
Bill Number: / H.4681Date: / ADD:
03/28/06 / TOOLE
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 3 Column 4
844,376 844,376
(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 3 Column 4
629,208 629,208
(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 3 Column 4
35,000 35,000
(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 3 Column 4
100,000 100,000
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 3 Column 4
Local Govt Grants Program
2,524,000 2,524,000
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 3 Column 4
Clinton Jr. Coll-Elem Ed Assoc Deg
500,000 500,000
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: