Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty and Gracious God, we thank You for Your faithfulness in the changing seasons, and especially now for the resurrection of the springtime. We are grateful for buds and blossoms, for bubbling brooks and cascading streams, for gentle rains and singing winds, for the warmth of the sun, for starlit nights, the lyric songs of the birds and for everything that proclaims Your glory. Create within us an inner beauty to match all that is beautiful in the world around us. Help us to shed old faults daily and to gain new virtues each day.
Thank You, Lord, for this privilege of prayer. 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.
The following was introduced:
H. 2660 -- Reps. Harvin and E.B. McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE J. ALAN YOUNG OF CLARENDON COUNTY, EDITOR OF THE MANNING TIMES, UPON RECEIVING A FIRST PLACE AWARD AT THE ANNUAL SOUTH CAROLINA PRESS ASSOCIATION'S COMPETITION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 2661 -- Reps. Ferguson, H. Brown, Barfield, Gilbert, Cork, J.W. McLeod, Koon, Williams, Day, Davenport, Wells, Foxworth, McGinnis, Harvin, Washington, Faber, J. Brown and Evatt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-455 SO AS TO PROHIBIT A PUBLIC OFFICIAL OR EMPLOYEE FROM SERVING AS A DIRECTOR ON THE BOARD OF ANY CORPORATION WHICH MAY BE SUBJECT TO SOME ACTION BY THE PUBLIC OFFICIAL OR EMPLOYEE OR HIS PUBLIC ENTITY EMPLOYER.
Referred to Committee on Judiciary.
H. 2662 -- Reps. Waldrop and Gentry: A BILL TO AMEND SECTION 7-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO REVISE THE VOTING PRECINCTS, PROVIDE FOR MAPS DEFINING THE REVISED PRECINCT BOUNDARIES, AND PROVIDE FOR THE ESTABLISHMENT OF POLLING PLACES.
Without reference.
H. 2663 -- Reps. Haskins, Sharpe, Clyborne, Corning, Baker, Jones, Barfield, P. Bradley, Wells, Davenport and Russell: A BILL TO AMEND SECTION 59-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTRUCTION OF STUDENTS AT HOME, SO AS TO PERMIT A PARENT OR GUARDIAN TO EDUCATE HIS CHILD OR WARD AT HOME AND TO ESTABLISH REQUIREMENTS FOR HOME INSTRUCTION.
Referred to Committee on Education and Public Works.
H. 2664 -- Rep. Aydlette: A BILL TO AMEND SUBARTICLE 1, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARENT-CHILD RELATIONSHIP AND THE LEGAL STATUS OF CHILDREN AS PROVIDED IN THE CHILDREN'S CODE, BY ADDING SECTION 20-7-65 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO CHARGE ANOTHER PERSON WITH A VIOLATION UNDER THE PROVISIONS OF SECTIONS 20-7-60, 20-7-70, AND 16-15-140 WHEN THE PERSON MAKING THE ACCUSATION KNOWS, OR HAS REASON TO KNOW, THAT THE CHARGES ARE FALSE.
Referred to Committee on Judiciary.
H. 2665 -- Reps. M.D. Burriss and McAbee: A BILL TO AMEND SECTION 39-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE REGULATION OF CORN MEAL AND GRITS, SO AS TO REVISE THE DEFINITION OF "APPROPRIATE FEDERAL AGENCY"; TO AMEND SECTION 39-29-40 RELATING TO THE LABELING OF CORN MEAL AND CORN GRITS IN THIS STATE SO AS TO FURTHER PROVIDE FOR THIS LABELING; AND TO AMEND SECTION 39-29-50 RELATING TO EXEMPTIONS FROM THE PROVISIONS REGULATING CORN MEAL AND GRITS SO AS TO PERMIT CORN MEAL MADE FROM CLEAN CORN TO BE SOLD IN PACKAGES OF TEN POUNDS OR LESS UNDER CERTAIN CONDITIONS AND TO PROVIDE PENALTIES FOR CERTAIN ADVERTISING VIOLATIONS.
Referred to Committee on Agriculture and Natural Resources.
H. 2666 -- Reps. Baker, M.D. Burriss, McBride, Sharpe, Corning, Clyborne, J.W. McLeod, T.M. Burriss, Hodges, Haskins, Faber, Jones, Whipper, Wilder, Washington and Hearn: A BILL TO AMEND SECTION 12-7-616, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS CREATION TAX CREDIT, SO AS TO DEFINE LESS DEVELOPED - AREAS AS COUNTIES HAVING A POPULATION OF TWENTY-FIVE THOUSAND OR LESS, TO INCREASE THE JOB CREATION TAX CREDIT FROM FIVE HUNDRED TO ONE THOUSAND DOLLARS FOR EACH NEW PERMANENT JOB CREATED MORE THAN TEN, TO ALLOW A JOB CREATION TAX CREDIT OF THREE HUNDRED DOLLARS FOR FIVE YEARS FOR FIFTY OR MORE NEW PERMANENT JOBS CREATED IN COUNTIES HAVING A POPULATION OF MORE THAN TWENTY-FIVE THOUSAND, AND TO INCREASE THE ADDITIONAL JOBS CREATION TAX CREDIT FOR EMPLOYEES IN LESS DEVELOPED AREAS FROM FIVE HUNDRED TO ONE THOUSAND DOLLARS.
Referred to Committee on Ways and Means.
H. 2667 -- Reps. Harvin, McBride, Sharpe, E.B. McLeod, Cork, Cooper, Pearce, L. Phillips, G. Bailey, M.O. Alexander, Baker, Nettles, Nesbitt, Rice, Whipper, Shelton, Fair, Wells, Petty, Holt, Felder, P. Harris, Washington, T.M. Burriss, Hendricks, McGinnis, Wilder, Bennett, Corning, Hearn, Simpson, Carnell, Keyserling, T. Rogers, Koon, Kay, K. Bailey, J. Brown, Faber, Williams, Haskins, Davenport, Hawkins, Altman, Foxworth, McLellan, J.C. Johnson, Jones, Day, McTeer, McElveen, Mappus and Evatt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-25-60 SO AS TO PROVIDE THAT ANY MEMBER OF A FIRE DEPARTMENT IS NOT CONSIDERED TO BE A DUAL OFFICEHOLDER, BY VIRTUE OF SERVING AS A MEMBER, FOR THE PURPOSES OF THE CONSTITUTION.
Referred to Committee on Judiciary.
H. 2668 -- Rep. Aydlette: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS CONCERNING A DRIVER'S LICENSE, BY ADDING SECTION 56-1-143 SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE EVERY APPLICANT UNDER THE AGE OF TWENTY-ONE A LICENSE WHICH IS A DIFFERENT COLOR FROM THOSE ISSUED TO APPLICANTS TWENTY-ONE YEARS OF AGE AND OLDER AND PROVIDE THAT THIS LICENSE EXPIRE ON THE APPLICANT'S TWENTY-FIRST BIRTHDAY.
Referred to Committee on Education and Public Works.
H. 2669 -- Rep. Davenport: A BILL TO AMEND CHAPTER 9 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHIROPRACTORS AND CHIROPRACTIC, BY ADDING SECTION 40-9-105 SO AS TO ALLOW A LICENSED CHIROPRACTOR TO DESIGNATE THE PLACE WHERE HE CONDUCTS HIS PRACTICE AS A "CHIROPRACTIC HOSPITAL" UNDER CERTAIN CONDITIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2670 -- Reps. Hodges and Limehouse: A BILL TO AMEND SECTION 50-9-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN HUNTING LICENSE PROVISIONS, SO AS TO DELETE THE AUTHORITY OF THE COURT TO IMPOSE BOTH A MONETARY PENALTY AND INCARCERATION.
Referred to Committee on Judiciary.
H. 2671 -- Reps. Limehouse, Hodges and McCain: A BILL TO AMEND SECTION 8-17-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE AGENCY EMPLOYEE GRIEVANCE PLANS AND PROCEDURES, SO AS TO CHANGE THE TIME FOR APPEALING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE
Referred to Committee on Judiciary.
H. 2672 -- Reps. Limehouse and McCain: A BILL TO AMEND ARTICLE 1, CHAPTER 7, TITLE 42, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION FUND, BY ADDING SECTION 42-7-110 SO AS TO PROVIDE THAT, WITH RESPECT TO REPRESENTATION INVOLVING A MATTER, CASE, OR PROCEEDING BEFORE THE STATE WORKERS' COMPENSATION COMMISSION, NO MEMBER OF THE GENERAL ASSEMBLY MAY ACCEPT OR ENGAGE IN REPRESENTATION OF ANY PERSON INSURED THROUGH THE FUND.
Referred to Committee on Labor, Commerce and Industry.
H. 2673 -- Reps. P. Harris, Helmly, Blackwell and Waldrop: A BILL TO ENACT THE LONG TERM CARE INSURANCE ACT.
Referred to Committee on Labor, Commerce and Industry.
H. 2674 -- Rep. Toal: A BILL TO PROVIDE THAT THE POSITION OF CODE COMMISSIONER IS NOT AN OFFICE FOR PURPOSES OF SECTION 3, ARTICLE VI OF THE STATE CONSTITUTION RELATING TO DUAL OFFICE HOLDING.
Referred to Committee on Judiciary.
H. 2675 -- Rep. Toal: A BILL TO AMEND SECTION 16-3-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSUFFICIENT FUNDS IN THE CRIME VICTIM'S COMPENSATION FUND FOR THE PAYMENT OF CLAIMS OR AWARDS, SO AS TO AUTHORIZE THE DIRECTOR OF THE FUND TO REDUCE ON A PRO RATA BASIS CLAIMS OR AWARDS FROM THE FUND WHEN PROJECTED REVENUE IN ANY FISCAL YEAR IS INSUFFICIENT TO PAY PROJECTED CLAIMS OR AWARDS; AND TO AMEND SECTION 16-3-1560, RELATING TO LICENSED HEALTH CARE FACILITIES BEING REIMBURSED FOR THE COST OF MEDICAL EXAMINATIONS FOR VICTIMS OF CRIMINAL SEXUAL CONDUCT OR CHILD SEXUAL ABUSE, SO AS TO AUTHORIZE THE DIRECTOR OF THE FUND TO REDUCE THESE REIMBURSEMENTS ON A PRO RATA BASIS IF THE AMOUNT OF PROJECTED REIMBURSEMENT FUNDS EXCEEDS THE AMOUNT OF PROJECTED REIMBURSEMENT COSTS.
Referred to Committee on Judiciary.
H. 2676 -- Reps. Wilkins, Clyborne, H. Brown, Baxley, Tucker, Nettles, Toal, Gentry, Haskins, Arthur, D. Martin, Hendricks, McElveen, Wilder, McEachin, J.W. Johnson and Hayes: A BILL TO AMEND SECTION 44-53-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A CERTAIN PROXIMITY OF A SCHOOL, SO AS TO PROVIDE THAT THIS CRIMINAL OFFENSE IS A FELONY, PROVIDE DIFFERENT PENALTIES FOR THE CRIMINAL OFFENDER WHO WAS LESS THAN TWENTY-ONE YEARS OF AGE AT THE TIME HE COMMITTED THE ACT AND FOR THE OFFENDER WHO WAS TWENTY-ONE YEARS OF AGE OR OLDER AT THE TIME HE COMMITTED THE ACT, AND CHANGE THE TERM "PRESUMPTIONS" IN THE SECTION TO "INFERENCES"; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME CONTAINED IN SECTION 44-53-445.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Blackwell Boan Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Elliott Faber Fair Felder Ferguson Foxworth Gilbert Harris, J. Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Lewis Limehouse Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, T. Russell Sharpe Sheheen Shelton Short Simpson Snow Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on Tuesday, March 17, 1987.
Robert A. Kohn Parker Evatt Eugene McLeod L. Edward Bennett William H. Jones Gene Stoddard John I. Rogers III Larry Gentry Irene K. Rudnick Joe Wilder Thomas E. Huff Billy McLeod Robert B. Brown Terry Haskins Larry Koon James E. Lockemy Lenoir Sturkie Jack Gregory T.W. Edwards D.L. Aydlette, Jr. Larry Blanding Paul Derrick B.J. Gordon Samuel R. Foster David M. Beasley Joseph McElveen John H. Burriss
LEAVE OF ABSENCE
The SPEAKER granted Rep. J.H. BURRISS a temporary leave of absence.
Reps. KOON and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the session on Monday, March 16.
Announcement was made that John C. Hawk, Jr. of Charleston is the Doctor of the Day for the General Assembly.
Debate was resumed on the following Bill, the pending question being the consideration of Section 30.
H. 2590--(The General Appropriations Bill)
Debate was resumed on Section 30.
Rep. THRAILKILL proposed the following Amendment No. 4 (Doc. No. 2936Y).
Amend the bill, as and if amended, in Part I, Section 30, STATE EDUCATION DEPARTMENT, page 30-009, by inserting in column 7 on line 9 /35,154,710/ and on page 30-016, by inserting in column 7 on line 29 /34,080,218/.
Amend totals and title to conform.
Rep. LEWIS moved to adjourn debate upon the amendment, which was adopted.
Rep. SIMPSON proposed the following Amendment No. 56 (Doc. No. 2944Y), which was tabled.
Amend the bill, as and if amended, Section 30-011, by deleting /11,950,000/ on line 10 opposite /INCENTIVE PAY/.
Amend totals and title to conform.
Rep. SIMPSON explained the amendment.
Reps. LEWIS and BOAN spoke against the amendment.
Reps. HENDRICKS, KAY, ALEXANDER, KOON, WILLIAMS, KLAPMAN and McGINNIS spoke in favor of the amendment.
Rep. SIMPSON spoke in favor of the amendment.
Rep. T. ROGERS moved to table the amendment.
Rep. SIMPSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Arthur Bailey, G. Bailey, K. Baxley Beasley Bennett Blackwell Boan Brown, J. Brown, R. Burriss, M.D. Carnell Chamblee Clyborne Cork Corning Dangerfield Day Edwards Elliott Faber Felder Foster Gentry Gilbert Gordon Harris, J. Harris, P. Hawkins Hayes Huff Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Lewis Lockemy Mattos McAbee McBride McEachin McElveen McLellan McLeod, E.B. McLeod, J.W. Nettles Ogburn Pearce Phillips, O. Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Toal Townsend Tucker Waldrop Washington Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Aydlette Baker Bradley, P. Brown, H. Burriss, T.M. Cooper Davenport Fair Ferguson Foxworth Haskins Hearn Helmly Hendricks Holt Kay Klapman Kohn Koon Limehouse Mappus Martin, D. Martin, L. McCain McGinnis McTeer Moss Nesbitt Petty Phillips, L. Rice Sharpe Simpson Stoddard Sturkie Taylor Thrailkill Wells Williams Winstead
So, the amendment was tabled.
Rep. TOWNSEND proposed the following Amendment No. 67, which was tabled.
Amend the Bill, as and if amended. Part I, Section 30, State Education Department, page 30-011, line 10, by inserting in column (7): $/5,793,500/.
Amend further, page 30-016, line 29, by inserting in column (7): $/6,156,500/.
Amend titles and totals to conform.
Rep. TOWNSEND explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 59 to 34.
Reps. WILLIAMS, LOCKEMY and G. BAILEY proposed the following Amendment No. 76, which was tabled.
Amend the Bill, as and if amended. Part I, Section 30, State Education Department, page 30-011, line 10, by deleting in column (7): $/11,950,000/.
Amend further, page 30-011, line 06, by inserting in column (7): $/124,471,369/.
Amend titles and totals to conform.
Rep. WILLIAMS explained the amendment.
Reps. LOCKEMY and FOSTER spoke in favor of the amendment.
Reps. LEWIS, L. MARTIN, J. ROGERS, TOWNSEND and McLELLAN spoke against the amendment.
Rep. McLELLAN moved to table the amendment.
Rep. LOCKEMY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Arthur Bailey, K. Beasley Bennett Blackwell Blanding Boan Brown, G. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cork Corning Dangerfield Davenport Edwards Evatt Felder Foxworth Gilbert Harris, P. Haskins Hawkins Hearn Holt Huff Johnson, J.C. Jones Keyserling Lewis Mappus Mattos McBride McCain McLellan McLeod, E.B. Neilson Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Russell Sharpe Sheheen Shelton Short Snow Toal Townsend Tucker Washington Whipper White Wilder Wilkins
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Aydlette Bailey, G. Baker Barfield Baxley Bradley, P. Brown, H. Brown, J. Brown, R. Cooper Day Faber Ferguson Foster Gentry Gordon Gregory Harris, J. Hayes Hendricks Hodges Johnson, J.W. Kay Kirsh Koon Limehouse Lockemy Martin, D. Martin, L. McAbee McEachin McElveen McGinnis McLeod, J.W. McTeer Moss Nesbitt Nettles Ogburn Phillips, O. Simpson Sturkie Taylor Wells Williams Winstead
So, the amendment was tabled.
Rep. MAPPUS raised the Point of Order that the Bill was out of order as the amount requested by each agency was not printed in the Bill by line item, as required by Rule 5.3, paragraph 4.
The SPEAKER stated that the total agency requests were printed in the Recapitulation, Section 127, but they were not printed by line item, and he sustained the Point of Order.
Rep. McLELLAN moved to waive Rule 5.14, which was agreed to.
Rep. WHIPPER proposed the following Amendment No. 80, which was tabled.
Amend as and if amended. Part I, Section 30, State Education Department, page 30-011, line 10, transfer 11,950,000 to Line 06, Teacher Salaries, and that each District determine the percentage of said allocation to be used for a teacher incentive program devised by the district.
Amend titles and totals to conform.
Rep. WHIPPER explained the amendment.
Rep. LEWIS spoke against the amendment and moved to table the amendment which was agreed to.
Rep. TOWNSEND proposed the following Amendment No. 84, which was tabled.
Amend the Bill, as and if amended. Part I, Section 30, State Education Department, page 30-011, line 10, by inserting in column 7: /$2,200,000/.
Amend further, page 30-016, line 29, by inserting in column (7): $/9,750,000/.
Amend titles and totals to conform.
Rep. TOWNSEND explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 67 to 27.
Reps. T.M. BURRISS, HEARN, THRAILKILL and SHARPE proposed the following Amendment No. 79 (Doc. No. 2972Y), which was tabled.
Amend the bill, as and if amended, Part I, Section 30, page 30-011, by inserting in columns (7) and (8) opposite /ALLOC ED IMPV-TEACHER SALARIES/ as contained on lines 5 and 6 the following:
/(7) (8)
104,421,369 /.
Amend totals and title to conform.
Rep. T.M. BURRISS explained the amendment.
Rep. BOAN spoke against the amendment.
Rep. BAKER spoke in favor of the amendment.
Rep. BOAN moved to table the amendment which was agreed to by a division vote of 75 to 24.
Reps. NEILSON and H. BROWN proposed the following Amendment No. 81 (Doc. No. 2982Y), which was rejected.
Amend the bill, as and if amended, in SECTION 30 (STATE EDUCATION DEPARTMENT), page 30-008, line 9, by inserting in columns (7) and (8) /12,200,000/, and on line 11, by inserting in columns (7) and (8) /2,700,000/.
Amend totals and title to conform.
Rep. NEILSON explained the amendment.
Rep. KEYSERLING spoke against the amendment.
Rep. NEILSON spoke in favor of the amendment.
Rep. LEWIS spoke against the amendment and moved to table the amendment which was not agreed to by a division vote of 46 to 50.
Reps. T.M. BURRISS, WASHINGTON and TOAL spoke against the amendment.
Rep. SHELTON spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. NEILSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Aydlette Bailey, G. Baker Barfield Baxley Beasley Boan Bradley, P. Brown, H. Brown, J. Clyborne Cooper Davenport Day Faber Fair Ferguson Foster Gilbert Harris, P. Haskins Hayes Helmly Hendricks Hodges Johnson, J.C. Kirsh Lockemy McBride McCain McElveen McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Nettles Petty Phillips, L. Phillips, O. Rice Rogers, J. Shelton Simpson Taylor Thrailkill Wells Whipper White
Those who voted in the negative are:
Altman Arthur Bailey, K. Bennett Blackwell Brown, G. Burriss, N.D. Burriss, T.M. Carnell Chamblee Cork Corning Dangerfield Derrick Edwards Elliott Evatt Felder Gentry Gordon Gregory Harris, J. Harvin Holt Johnson, J.W. Jones Kay Keyserling Koon Lewis Limehouse Mappus Martin, D. Martin, L. Mattos McAbee McEachin McGinnis McLellan McTeer Pearce Rhoad Rogers, T. Rudnick Russell Sharpe Sheheen Short Snow Sturkie Toal Townsend Tucker Waldrop Washington Wilder Wilkins Williams Winstead
So, the amendment was rejected.
Rep. BLACKWELL moved that the House recede until 2:00 P.M. which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of Section 30.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. TOAL a temporary leave of absence.
Debate was resumed on the following Bill, the pending question being the consideration of Section 30.
H. 2590--(The General Appropriations Bill)
Debate was resumed on Section 30.
Rep. SIMPSON proposed the following Amendment No. 92 (Doc. No. 2944Y), which was tabled.
Amend the bill, as and if amended, Section 30-011, by deleting /11,950,000/ on line 10 opposite /INCENTIVE PAY/.
Section 30--016, Line 29, by inserting $/11,950,000/ in Column (7).
Amend totals and title to conform.
Rep. SIMPSON explained the amendment.
Rep. LEWIS spoke against the amendment.
Rep. GENTRY moved to table the amendment which was agreed to by a division vote of 52 to 17.
Rep. TOWNSEND proposed the following Amendment No. 95, which was tabled.
Amend the Bill, as and if amended. Part I, Section 30, State Department of Education, page 30-011, line 10, by inserting in Column (7): $/0/.
Amend further, page 30-011, line 08, by inserting in Column (7): $/27,452,723/.
Amend titles and totals to conform.
Rep. TOWNSEND explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 54 to 25.
Reps. NEILSON, LEWIS, BOAN, WASHINGTON, McLELLAN and TOAL proposed the following Amendment No. 96, which was adopted.
Amend the Bill, as and if amended. Part I, Section 30, State Education Department, page 30-008, line 11, by inserting in column (7): $/2, 400,000/.
Amend further, page 30-011, line 14 by inserting in column (7): $/1,150,000/.
Amend further, page 30-011, line 19 by inserting in column (7): $/2,600,000/.
Amend further, page 30-016, line 10 by inserting in column (7): $/3,900,000/.
Amend title and totals to conform.
Rep. NEILSON explained the amendment.
Rep. KLAPMAN spoke against the amendment.
Rep. LEWIS spoke in favor of the amendment.
The amendment was then adopted.
Reps. McELVEEN and E.B. McLEOD proposed the following Amendment No. 99 (Doc. No. 3037Y).
Amend the bill, as and if amended, PART I, Section 30, page 30-008, by inserting columns (7) and (8) opposite /ALLOC ED IMPV-MODERNIZE VOC EQUIP/, as contained on lines 10 and 11 the following:
/(7) (8)
5,000,000 /
Renumber sections to conform.
Totals and title to conform.
Rep. E.B. McLEOD explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Reps. McELVEEN and E.B. McLEOD proposed the following Amendment No. 100 (Doc. No. 3038Y), which was tabled.
Amend the bill, as and if amended, Part I, Section 30, page 30-011, by inserting in columns (7) and (8) opposite /ALLOC ED IMPV-TEACHER SALARIES/ as contained on lines 5 and 6 the following:
/(7) (8)
106,200,000 /.
Amend totals and title to conform.
Reps. E.B. McLEOD and McELVEEN explained the amendment.
Rep. BOAN moved to table the amendment which was agreed to by a division vote of 66 to 21.
Debate was resumed on Amendment No. 99 by Reps. McELVEEN and E.B.McLEOD.
Rep. E.B. McLEOD explained the amendment.
Rep. McLELLAN spoke against the amendment and moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Baker Barfield Beasley Blackwell Boan Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Clyborne Cooper Cork Dangerfield Day Edwards Elliott Evatt Felder Ferguson Foster Gentry Gilbert Gordon Harris, J. Haskins Hayes Helmly Hendricks Hodges Holt Johnson, J.W. Jones Keyserling Kirsh Lewis Limehouse Martin, D. Martin, L. Mattos McAbee McCain McEachin McLellan McTeer Neilson Nesbitt Nettles Ogburn Phillips, L. Rice Rogers, J. Rogers, T. Sharpe Sheheen Shelton Short Simpson Waldrop Washington Whipper Wilder Winstead
Those who voted in the negative are:
Aydlette Bailey, G. Brown, G. Brown, J. Chamblee Davenport Derrick Faber Foxworth Gregory Harris, P. Hawkins Kay Klapman Koon Lockemy Mappus McBride McElveen McGinnis McLeod, E.B. Phillips, O. Rhoad Rudnick Taylor Townsend Tucker Wells White Williams
So, the amendment was tabled.
Debate was resumed on Amendment No. 4 by Rep. THRAILKILL.
Rep. THRAILKILL moved to table the amendment which was agreed to.
Rep. LOCKEMY proposed the following Amendment No. 104, which was later withdrawn.
Amend as and if amended.
Amend the Bill, as and if amended, Part I, Section 30, by deleting the new positions on line 24 and line 26 Page 30-010, line 25 Page 30-008, line 20 page 30-013 and line 28 page 30-015.
And by inserting line 11 page 30-005, Columns (7) and (8): $/13,046,560/.
Rep. LOCKEMY explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 104 to Section 30 was out of order as it violated Code Section 12-35-1550 by attempting to transfer revenue from the Education Improvement Act Fund, which was set up as a separate and distinct fund, to the General Fund.
Rep. LEWIS stated that the revenue from the tax levy was to be deposited in the Education Improvement Act fund, which was to be a separate and distinct fund from the General Fund, and therefore funds could not be transferred from one to the other.
The SPEAKER stated that Section 12-35-1550 mandated that money from the EIA fund could only be spent for elementary or secondary school purposes, and the purpose of the amendment fit under the EIA guidelines, therefore he overruled the Point of Order.
Rep. TOAL inquired whether the passage of the amendment would require the special vote mandated in Section 12-35-1550, that is an affirmative two-thirds vote of the total membership of the Senate and an affirmative two-thirds vote of the total membership of the House of Representatives.
The SPEAKER stated that the special vote would only be necessary on a change in the management or use of the EIA fund, which this amendment was not addressing.
Rep. LOCKEMY continued speaking and withdrew the amendment.
Section 30, as amended, was adopted.
Section 30.1 was adopted.
Section 30.2 was adopted.
Section 30.3 was adopted.
Section 30.4 was adopted.
Rep. HASKINS moved to adjourn debate upon the Section, which was adopted.
Section 30.6 was adopted.
Section 30.7 was adopted.
Section 30.8 was adopted.
Section 30.9 was adopted.
Section 30.10 was adopted.
Section 30.11 was adopted.
Section 30.12 was adopted.
Section 30.13 was adopted.
Section 30.14 was adopted.
Section 30.15 was adopted.
Section 30.16 was adopted.
Section 30.17 was adopted.
Section 30.18 was adopted.
Section 30.19 was adopted.
Section 30.20 was adopted.
Section 30.21 was adopted.
Section 30.22 was adopted.
Section 30.23 was adopted.
Section 30.24 was adopted.
Rep. LEWIS explained the Section.
Section 30.25 was adopted.
Section 30.26 was adopted.
Section 30.27 was adopted.
Section 30.28 was adopted.
Section 30.29 was adopted.
Section 30.30 was adopted.
Section 30.31 was adopted.
Section 30.32 was adopted.
Section 30.33 was adopted.
Rep. FOXWORTH raised the Point of Order that Section 30.34 was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Section 30.35 was adopted.
Rep. LEWIS explained the Section.
Rep. McLELLAN spoke in favor of the Section.
Rep. SHORT moved to table the Section which was agreed to by a division vote of 49 to 25.
Section 30.37 was adopted.
Rep. MAPPUS raised the Point of Order that Section 30.38 was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Section 30.39 was adopted.
Rep. J.C. JOHNSON moved to reconsider the vote whereby Section 30.36 was tabled.
Rep. McABEE moved to adjourn debate upon the motion to reconsider.
Rep. LEWIS moved to table the motion to adjourn debate which was agreed to.
The question then recurred to the motion to reconsider the vote whereby Section 30.36 was tabled.
Rep. LIMEHOUSE moved to table the motion to reconsider, which was agreed to by a division vote of 77 to 10.
Section 30.40 was adopted.
Section 30.42 was adopted.
Section 30.43 was adopted.
Rep. LEWIS explained the Section.
Section 30.44 was adopted.
Section 30.45 was adopted.
Section 30.47 was adopted.
Rep. LEWIS explained the Section.
Rep. LIMEHOUSE spoke upon the Section and moved to adjourn debate upon the Section.
Rep. LEWIS moved to table the motion to adjourn debate, which was agreed to by a division vote of 63 to 16.
The question then recurred to the adoption of the Section, which was agreed to.
Rep. PEARCE moved that when the House adjourns it adjourn to meet at 10:15 A.M. tomorrow, which was not agreed to.
Section 30.49 was adopted.
Section 30.50 was adopted.
Section 30.51 was adopted.
Rep. LEWIS explained the Section.
Section 30.52 was adopted.
Section 30.53 was adopted.
Section 30.54 was adopted.
Rep. TOWNSEND raised the Point of Order that Section 30.54 was not germane to the Bill under Rule 5.3.
The SPEAKER overruled the Point of Order.
Section 30.54 was adopted.
Section 30.55 was adopted.
Section 30.56 was adopted.
Section 30.57 was adopted.
Section 30.58 was adopted.
Section 30.59 was adopted.
Section 30.60 was adopted.
Section 30.62 was adopted.
Section 30.63 was adopted.
Section 30.65 was adopted.
Section 30.66 was adopted.
Rep. LEWIS explained the Section.
Section 30.67 was adopted.
Section 30.68 was adopted.
Rep. FOXWORTH raised the Point of Order that Section 30.69 was not germane to the Bill under Rule 5.3.
Rep. LEWIS argued that the section related to the implementation of Education Improvement Act and was funded under contractual services.
Rep. TOAL argued that the Section was a regulation relative to the appropriation of salary supplements, and was therefore germane.
The SPEAKER stated that substantive changes to the Code of Laws was not allowed in the Appropriation Bill, sustained the Point of Order and ordered the Section stricken from the Bill.
Rep. FOXWORTH raised the Point of Order that Section 30.70 was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Rep. FOXWORTH raised the Point of Order that Section 30.71 was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Rep. TOAL raised the Point of Order that Section 30.72 was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Rep. FOXWORTH raised the Point of Order that Section 30.73 was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Rep. BAKER raised the Point of Order that Section 30.74 was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Rep. J.W. JOHNSON raised the Point of Order that Section 30.75 was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Section 30.76 was adopted.
Rep. LEWIS explained the Section.
Rep. LEWIS asked unanimous consent to change the figure $500,000.00 to $134,702.00, which was agreed to.
Section 30.77 was adopted.
Section 30.79 was adopted.
Section 30.81 was adopted.
Section 30.82 was adopted.
Section 30.83 was adopted.
Section 30.84 was adopted.
Section 30.85 was adopted.
Section 30.87 was adopted.
Section 30.88 was adopted.
Section 30.90 was adopted.
Section 30.91 was adopted.
Section 30.93 was adopted.
Section 30.94 was adopted.
Rep. AYDLETTE raised the Point of Order that Section 30.96 was not germane to the Bill under Rule 5.3.
The SPEAKER overruled the Point of Order.
Reps. McCAIN, LIMEHOUSE and KIRSH proposed the following Amendment No. 82, which was adopted.
AMEND AS AND IF AMENDED. Section 30, State Education Department, page 30-028, right-hand column by striking Proviso #30.96.
Amend title and totals to conform.
Rep. McCAIN explained the amendment.
The amendment was then adopted.
Section 30.96 as amended was adopted.
Rep. AYDLETTE raised the Point of Order that Section 30.97 was not germane to the Bill under Rule 5.3.
The SPEAKER overruled the Point of Order.
Rep. AYDLETTE moved to table the Section, which was not agreed to by a division vote of 11 to 53.
Section 30.97 was then adopted.
Rep. FOSTER raised the Point of Order that Section 30.98 was not germane to the Bill under Rule 5.3.
The SPEAKER overruled the Point of Order.
Rep. FOSTER moved to table the Section which was not agreed to by a division vote of 14 to 66.
Rep. FELDER inquired as to the reason Sections 30.69 through 30.75 were ruled out of order.
The SPEAKER stated that they were not germane to the Appropriation Bill under Rule 5.3, and were ordered stricken from the Bill.
Rep. McABEE proposed the following Amendment No. 115, which was adopted.
Amend as and if amended. Part I, Section 30. Department of Education page 30-028, left-hand column, Proviso #30.98, insert at end:
"Provided further that districts may contract with other entities if personnel or facilities are not available for that service."
Amend title and totals to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Section 30.98 as amended was adopted.
Section 30.99 was adopted.
Section 30.100 was adopted.
Rep. HASKINS proposed the following Amendment No. 41, which was tabled.
Amend as and if amended.
Amend Section 30 by adding a proviso, appropriately numbered, on page 30-029, as follows:
/30._____.To assure safe transportation for public school children of all ages, no funds appropriated herein as Aid to School District-Bus Drivers Salaries shall be used to pay salaries of any school bus drivers under 18 years of age./
Rep. HASKINS explained the amendment.
Reps. McLELLAN, SIMPSON and FOSTER spoke against the amendment.
Reps. HASKINS and HUFF spoke in favor of the amendment.
Rep. FOSTER raised the Point of Order that Amendment 41 was out of order as it did not have a fiscal impact statement attached.
The SPEAKER stated that amendments are not required to have a fiscal impact statement attached, and he overruled the Point of Order.
Rep. FOSTER spoke against the Section.
Rep. McLELLAN moved to table the amendment which was agreed to.
Rep. SHORT proposed the following Amendment No. 61 (Doc. No. 2962Y), which was rejected.
Amend the bill, as and if amended, Part I, Section 30, by adding a new proviso at the end of the section to read:
/30.. Attendance of students, faculty, or administrators may not be used as an element to consider when awarding teacher incentive pay or principal incentive pay from the appropriations herein contained for these purposes./
Amend totals and title to conform.
Rep. SHORT explained the amendment.
The amendment was then rejected.
Reps. J.C. JOHNSON, CARNELL and McABEE proposed the following Amendment No. 112, which was rejected.
Amend as and if amended. /Section 30._________. State Education Department, page 30-029, by inserting a new proviso after #30-100 to read:
"The amount appropriated for county superintendents of education shall be equally divided among the county superintendent of education for the counties of Greenwood, Laurens, Anderson, Bamberg, Barnwell, Calhoun, Marion, Orangeburg and Pickens."
Amend title and totals to conform.
Rep. McABEE explained the amendment.
Rep. McEACHIN moved to reconsider the vote whereby Amendment No. 61 was rejected and the motion was noted.
Reps. WILDER and RHOAD spoke in favor of the amendment.
Rep. GREGORY moved to table the amendment which was not agreed to by a division vote of 37 to 52.
Rep. LOCKEMY spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. LOCKEMY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, K. Baxley Beasley Bennett Blackwell Boan Brown, H. Brown, R. Carnell Chamblee Cooper Dangerfield Elliott Felder Gordon Harris, P. Harvin Helmly Hendricks Huff Johnson, J.C. Johnson, J.W. Kay Martin, L. Mattos McAbee McBride McCain McLellan McLeod, J.W. McTeer Pearce Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Simpson Stoddard Taylor Toal Townsend Tucker White Wilder Williams
Those who voted in the negative are:
Altman Arthur Aydlette Baker Barfield Blanding Bradley, P. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cork Davenport Day Evatt Fair Foster Foxworth Gentry Gilbert Gregory Harris, J. Haskins Hawkins Hayes Hodges Holt Keyserling Kirsh Klapman Koon Lewis Lockemy Mappus Martin, D. McEachin McElveen McGinnis McKay McLeod, E.B. Moss Neilson Nesbitt Petty Phillips, O. Rudnick Russell Sharpe Sheheen Shelton Short Snow Sturkie Thrailkill Washington Wells Whipper Winstead
So, the amendment was rejected.
Rep. P. BRADLEY moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.
Reps. FELDER and McABEE proposed the following Amendment No. 117, which was adopted.
Amend as and if amended.
Part I, Section 30, Dept. of Education page 30-029, add a new proviso at the end (Section 30.101) "Of the funds provided for teacher salaries, funds may be used to pay salaries for those teachers holding temporary or emergency certificates which shall remain valid for the 1987-88 school year if the local board of education so requests. The State Department of Education shall submit to the General Assembly by March 1, 1988, a report showing by district the number of emergency certificates by category, including an enumeration of the certificates carried forward from the previous year. After July 1, 1987, no temporary or emergency certificate shall be continued for more than three years.
Amend title and totals to conform.
Rep. FELDER explained the amendment.
Rep. GENTRY spoke against the amendment.
Reps. McABEE and L. PHILLIPS spoke in favor of the amendment.
Rep. GENTRY moved to table the amendment which was not agreed to by a division vote of 31 to 65.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 63, which was tabled.
Amend as and if amended.
Add in Section 30.5, line 12, after the word "greater":
Notwithstanding this provision, any district which uses all adult drivers, whether regularly, or as part of a pilot program using all adult drivers, shall be compensated at the rate of $4.50 per hour.
Rep. HASKINS explained the amendment and moved to table the amendment which was agreed to.
Rep. LOCKEMY proposed the following Amendment No. 108, which was adopted and later voided by the SPEAKER.
Amend the Bill, as and if amended, Part 1, Section 30, page 30-002, by striking line 04.
Amend further page 30-005, line 11, by inserting in columns (7) and (8):
$/12,988,787/.
Amend titles and totals to conform.
Rep. LOCKEMY explained the amendment.
The amendment was then adopted by a division vote of 60 to 34.
The SPEAKER voided the adoption of Amendment No. 108 because Section 30 had been adopted earlier and not reopened.
The motion of Rep. McEACHIN to reconsider the vote whereby Amendment No. 61 was rejected was taken up.
Rep. LEWIS moved to table the motion to reconsider which was not agreed to by a division vote of 33 to 56.
The question then recurred to the motion to reconsider the vote whereby Amendment No. 61 was rejected, which was agreed to.
Rep. TOAL spoke against the amendment.
The question then recurred to the adoption of the amendment, which was rejected by a division vote of 14 to 87.
Section 31 was adopted.
Section 31.1 was adopted.
Section 31.2 was adopted.
Section 32 was adopted.
Rep. SHARPE raised the Point of Order that Section 32.1 was not germane to the Bill under Rule 5.3.
The SPEAKER stated the Section was a regulation provided for in Rule 5.3 and he overruled the Point of Order.
Section 32.1 was adopted.
Section 33 was adopted.
Section 33.1 was adopted.
Section 33.2 was adopted.
Section 33.3 was adopted.
Section 34 was adopted.
Section 34.1 was adopted.
Rep. TOAL raised the Point of Order that Section 34.2 was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Rep. EDWARDS explained the Section.
Section 34.3 was adopted.
Section 34.4 was adopted.
Section 34.5 was adopted.
Section 34.6 was adopted.
Section 34.7 was adopted.
Section 34.8 was adopted.
Section 34.9 was adopted.
Section 34.10 was adopted.
Section 34.11 was adopted.
Section 34.12 was adopted.
Section 34.13 was adopted.
Rep. HASKINS moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.
Rep. McLellan moved to reconsider the vote whereby Sections 30, 30.1, 30.2, 30.3, 30.4, 30.6, 30.7, 30.8, 30.9, 30.10, 30.11, 30.12, 30.13, 30.14, 30.15, 30.16, 30.17, 30.18, 30.19, 30.20, 30.21, 30.22, 30.23, 30.24, 30.25, 30.26, 30.27, 30.28, 30.29, 30.30, 30.31, 30.32, 30.33, 30.35, 30.37, 30.39, 30.40, 30.42, 30.43, 30.44, 30.45, 30.47, 30.48, 30.49, 30.50, 30.51, 30.52, 30.53, 30.54, 30.55, 30.56, 30.57, 30.58, 30.59, 30.60, 30.62, 30.63, 30.65, 30.66, 30.67, 30.68, 30.76, 30.77, 30.79, 30.81, 30.82, 30.83, 30.84, 30.85, 30.87, 30.88, 30.90, 30.91, 30.93, 30.94, 30.97, 30.98, 30.99, 30.100, 30.101, 31, 31.1, 31.2, 32, 32.1, 33, 33.1, 33.2, 33.3, 34, 34.1, 34.3, 34.4, 34.5, 34.6, 34.7, 34.8, 34.9, 34.10, 34.11, 34.12, 34.13 were adopted and the motion was noted.
Mr. SPEAKER,
In accordance with Rule 9.2, I am hereby notifying you during second reading of HB 2590, of my intent to offer amendments at the third reading of the bill.
Rep. ROBERT N. McLELLAN
The Senate returned to the House with concurrence the following:
H. 2660 -- Reps. Harvin and E.B. McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE J. ALAN YOUNG OF CLARENDON COUNTY, EDITOR OF THE MANNING TIMES, UPON RECEIVING A FIRST PLACE AWARD AT THE ANNUAL SOUTH CAROLINA PRESS ASSOCIATION'S COMPETITION.
At 6:00 P.M. the House in accordance with the motion of Rep. HASKINS adjourned to meet at 9:30 A.M. tomorrow.
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