Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal Father, as we begin the duties of this week and of this day, ladened with responsibilities, we would pray the words of the Psalmist: "Show me Your ways, O Lord; teach me Your paths. Lead me in Your truth and teach me: for You are the God of my salvation; on You do I wait all the day" (Psalm 25:4,5). Remove from us all that obstructs discerning the doing of Your will that we may know the difference between the veneer and the genuine. Direct our energies, clarify our thinking, sustain our wills. Enable us to be less concerned about being served and to be more concerned about serving others.
Walk with us and work through us until the day is done. 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 Friday, the SPEAKER ordered it confirmed.
The following was received.
March 13, 1989
MEMORANDUM TO: Clerk of the House
Clerk of the Senate
FM: Eugene C. Stoddard, Chairman
Committee to Screen Candidates for
Boards of Trustees of Colleges and
Universities
RE: Screening Report--The Citadel
Pursuant to Section 2-19-40 of the South Carolina Code of Laws which allows for the hearing of an unopposed candidate to be waived, the Screening Committee waived the hearing for Mr. John A. McAllister, Jr. who is a candidate for the vacancy on The Citadel Board of Visitors. Mr. McAllister appears duly qualified. The election is scheduled for Wednesday, March 15, 1989.
Received as information.
The following was received.
March 10, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1103
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on March 10, 1989 regulations concerning Field Trial Regulations from the South Carolina Wildlife & Marine Resources Department.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
March 10, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1035)
House of Representatives
Dear Mrs. McKinney:
The State of South Carolina Board of Education is hereby withdrawing Regulation 43-62, Requirements for Additional Areas of Certification, Speech Correctionist (Document Number 1035). This Regulation has been referred to the Committee on Education and Public Works.
Sincerely,
Robert J. Sheheen
Received as information.
On motion of Rep. KEYSERLING, with unanimous consent, the following was taken up for immediate consideration:
S. 450 -- Senator Courson: A CONCURRENT RESOLUTION TO PROCLAIM THE MONTH OF MARCH, 1989, AS YOUTH ART MONTH IN SOUTH CAROLINA AND ENCOURAGE ALL OF OUR CITIZENS TO WORK WITH THE SOUTH CAROLINA ART EDUCATION ASSOCIATION TO INSURE THAT QUALITY ARTS INSTRUCTION IS PROVIDED TO ALL YOUTH OF SOUTH CAROLINA.
Whereas, the South Carolina Art Education Association has developed an annual effort to promote the education, interest, and understanding of the arts in all of South Carolina schools; and
Whereas, the arts develop creativity, growth of imagination, and self-discipline; and
Whereas, the arts expand our vision and bring people of different cultures together; and
Whereas, childhood is the optimum time to develop the interests, skills, and aptitudes in the arts that will last a lifetime; and
Whereas, the basic education of the whole child must include quality arts instruction. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly proclaims the month of March, 1989, as Youth Art Month in South Carolina and encourages all of our citizens to work with the South Carolina Art Education Association to insure that quality arts instruction is provided to all youth of South Carolina.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 494 -- Senators Mitchell, Bryan, J. Verne Smith, Stilwell and Thomas: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. THOMAS C. BERRY OF GREENVILLE COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 507 -- Senators Lourie, Patterson, Giese and Courson: A CONCURRENT RESOLUTION TO COMMEND THE COLONIAL LIFE AND ACCIDENT INSURANCE COMPANY ON ITS FIFTIETH ANNIVERSARY AND FOR ITS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, T.C. Bailey, G. Bailey, J. Barber Barfield Baxley Beasley Bennett Blackwell Boan Brown, H. Bruce Burriss, M.D. Burriss, T.M. Carnell Cooper Corbett Cork Corning Faber Fair Fant Farr Felder Ferguson Gentry Hallman Harris, J. Harris, P. Hayes Hearn Hendricks Holt Huff Jaskwhich Johnson, J.W. Keegan Keyserling Kirsh Littlejohn Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McLellan McLeod McTeer Moss Nesbitt Phillips Rama Rogers, T. Sharpe Sheheen Simpson Stoddard Taylor Tucker Waites Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on March 13, 1989.
Robert O. Kay Woodrow M. McKay James H. Hodges Alfred C. McGinnis, Sr. William P. Keesley Kenneth E. Bailey Paul W. Derrick Dave C. Waldrop, Jr. Dell Baker Paul E. Short, Jr. Thomas N. Rhoad Ronald P. Townsend Grady A. Brown Larry Blanding Maggie W. Glover Richard M. Quinn, Jr. Irene K. Rudnick E. Leroy Nettles, Jr. C. Alex Harvin, III John I. Rogers, III M.O. Alexander Joseph T. McElveen, Jr. Robert A. Kohn J. Derham Cole B. Hicks Harwell Paul M. Burch Robert B. Brown J.C. Johnson C. Lenoir Sturkie C.D. Chamblee Denny W. Neilson G. Ralph Davenport, Jr. R. Linwood Altman John J. Snow, Jr. Dick Elliott Larry L. Koon Steve Lanford H. Howell Clyborne, Jr. Thomas A. Limehouse Sarah G. Manly Joe E. Brown Samuel R. Foster
LEAVES OF ABSENCE
The SPEAKER granted Rep. McEACHIN a leave of absence for the day to appear in court.
The SPEAKER granted Rep. KLAPMAN a leave of absence for the day due to illness.
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 9, 1989.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3675 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR THE REGISTRATION OF BUILDING CODES ENFORCEMENT OFFICERS BY SETTING FORTH DEFINITIONS, DUTIES OF THE BUILDING CODES COUNCIL, REQUIREMENTS OF REGISTRATION, PRACTICE, AND RENEWAL, AND REMEDIES AND PENALTIES FOR VIOLATIONS; AND TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, RELATING TO BUILDING CODES, SO AS TO REVISE THE AUTHORIZATION FOR AND SCOPE OF BUILDING CODES, REGULATIONS, AND REGIONAL AGREEMENTS, PROVIDE FOR THE APPOINTMENT OF A BUILDING OFFICIAL AND ESTABLISHMENT OF A BUILDING INSPECTION PROGRAM, REVISE THE PROCEDURES FOR THE ADOPTION OF CODES AND STANDARDS, REVISE THE MEMBERSHIP AND OFFICERS OF THE COUNCIL, REVISE PENALTIES, DELETE THE REFERENCE TO THE ADOPTION OF CODES BEFORE MAY 1, 1982, AND PROVIDE FOR THE EFFECT OF THE PROVISIONS ON THE AUTHORITY OF LOCAL BUILDING OFFICIALS AND THE STATE FIRE MARSHAL.
Referred to Committee on Labor, Commerce and Industry.
S. 242 -- Senators Hayes, Helmly, Bryan, Pope, Passailaigue, Stilwell, Nell W. Smith, Moore, Wilson, Courson, Macaulay, Giese, Drummond, Williams, J. Verne Smith, Hinson, Mitchell, Thomas, Patterson, Lourie, Fielding, Long, Peeler, Setzler, Lee, Matthews, McLeod, Hinds, O'Dell, Waddell, Martschink, Shealy, Saleeby, Gilbert, Mullinax, Leventis, Rose, McGill, McConnell, Horace C. Smith and Leatherman: A BILL TO AMEND SECTIONS 44-43-120, 44-43-130, 44-43-140, AND 44-43-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DONATION OF EYES, SO AS TO AUTHORIZE THE SOUTH CAROLINA LIONS EYE BANK TO MAKE DETERMINATIONS RELATING TO THE REMOVAL, PROCESSING, DISTRIBUTION, AND USE OF EYES DONATED FOR SIGHT RESTORATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 323 -- Senator Giese: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE OFFICERS' RETIREMENT SYSTEM BY ADDING SECTION 9-11-47 SO AS TO PROVIDE THAT AN EMPLOYER WHO MAINTAINS A LOCAL RETIREMENT SYSTEM FOR FIREFIGHTERS BEFORE THE DATE OF ADMISSION TO THE POLICE OFFICERS' RETIREMENT SYSTEM MAY REQUIRE ALL ACTIVE MEMBERS OF THAT LOCAL SYSTEM TO BECOME MEMBERS OF THE POLICE OFFICERS' RETIREMENT SYSTEM ON THE DATE OF ADMISSION, TO PROVIDE THE REQUIREMENTS WHICh MUST BE FOLLOWED IF THIS OPTION IS EXERCISED, AND TO REQUIRE THE LOCAL SYSTEM TO KEEP AN ADEQUATE RETAINAGE TO MEET CURRENT RETIREE OBLIGATIONS.
Referred to Committee on Ways and Means.
S. 486 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROFESSIONAL PERSONNEL QUALIFICATIONS AND DUTIES, VOCATIONAL CENTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1076, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 487 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO VITAL STATISTICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1065, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 488 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO FRIABLE ASBESTOS MATERIALS IN SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1069, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The question of a quorum was raised.
A quorum was later present.
The following Bill was taken up.
H. 3600 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1989 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT A SALARY AND FRINGE BENEFIT SURVEY FOR AGENCY HEADS BE CONDUCTED EVERY THREE YEARS; TO PROVIDE NO EMPLOYEE OF AGENCIES REVIEWED BY THE AGENCY HEAD SALARY COMMISSION SHALL RECEIVE IN EXCESS OF 95% OF THE MIDPOINT OF THE AGENCY HEAD SALARY RANGE OR THE AGENCY HEAD ACTUAL SALARY, WHICHEVER IS GREATER; TO PROVIDE THAT AGENCY HEAD SALARIES MAY BE ADJUSTED TO THE MINIMUM OF THEIR SALARY RANGES; TO PROVIDE THAT AGENCY HEAD SALARIES BE ADJUSTED UP TO THE MIDPOINTS OF THEIR RESPECTIVE SALARY RANGES BASED ON CRITERIA DEVELOPED AND APPROVED BY THE AGENCY HEAD SALARY COMMISSION; AND TO PROVIDE THAT ALL NEW MEMBERS OF GOVERNING BOARDS WHERE THE PERFORMANCE OF THE AGENCY HEAD IS REVIEWED BY THE AGENCY HEAD SALARY COMMISSION SHALL ATTEND PERFORMANCE APPRAISAL TRAINING WITHIN THE FIRST YEAR OF THEIR APPOINTMENT; TO AMEND TITLE 44, CHAPTER 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION BY ADDING SECTION 44-6-230 THROUGH 44-6-250 SO AS TO CREATE A HUMAN SERVICES COORDINATING COUNCIL; TO AMEND SECTION 7-13-1810 OF THE 1976 CODE, RELATING TO THE MECHANICAL MODEL OF A PORTION OF THE FACE OF A VOTING MACHINE REQUIRED AT THE POLLS ON ELECTION DAY FOR THE INSTRUCTION OF VOTERS, SO AS TO ALLOW A PAPER FACSIMILE OF THE FACE OF THE VOTING MACHINE TO BE SUBSTITUTED FOR THE MODEL; TO AMEND THE 1976 CODE BY ADDING SECTION 12-27-1285 SO AS TO PROVIDE THAT ONLY THE STATUTORILY ENUMERATED FACTORS MAY BE USED IN DETERMINING PROJECT PRIORITIES UNDER THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY, TO REQUIRE THE STATUTORILY ENUMERATED FACTORS TO BE GIVEN EQUAL WEIGHT IN ESTABLISHING PRIORITIES, TO PROHIBIT THE MERGING OF THE SOCIOECONOMIC AND TRANSPORTATION FACTOR PRIORITY LISTS, AND TO REQUIRE THE SELECT OVERSIGHT COMMITTEE TO INCLUDE IN ITS ANNUAL REPORT TO THE GENERAL ASSEMBLY THE SEPARATELY UPDATED SOCIOECONOMIC AND TRANSPORTATION FACTOR PRIORITY LISTS; TO AMEND SECTION 59-3-90 OF THE 1976 CODE, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO REQUIRE THAT THESE PROGRAMS INCLUDE OR INCORPORATE A PROGRAM FOR TRAINING TEACHERS AND STAFF IN TEACHING HIGHER ORDER THINKING AND PROBLEM-SOLVING; TO AMEND THE 1976 CODE BY ADDING SECTION 59-18-22 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION, IN CONSULTATION WITH THE STATE BOARD OF EDUCATION TO ESTABLISH A CENTER FOR THE ADVANCEMENT OF TEACHING AND SCHOOL LEADERSHIP, TO PROVIDE FOR THE CENTER'S PURPOSE AND RESPONSIBILITIES; TO AMEND SECTION 1-1-1210 OF THE 1976 CODE, RELATING TO THE SALARIES OF THE GOVERNOR, LIEUTENANT GOVERNOR, AND OTHER STATEWIDE ELECTED CONSTITUTIONAL OFFICERS, SO AS TO INCREASE THEIR SALARIES EFFECTIVE WHEN THEY ASSUME OFFICE IN 1991 AND TO PROHIBIT STATEWIDE ELECTED CONSTITUTIONAL OFFICERS FROM RECEIVING COMPENSATION FOR EX OFFICIO SERVICE ON STATE BOARDS, COMMITTEES, AND COMMISSIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-455 SO AS TO PROVIDE FOR A PROGRAM TO BE SELECTED OR ADAPTED WHICH IS EFFECTIVE IN SUPPORTING A PARENT OR GUARDIAN IN HIS ROLE AS THE PRINCIPAL TEACHER OF HIS PRESCHOOL CHILDREN AND FOR ITS IMPLEMENTATION; TO AMEND THE 1976 CODE BY ADDING SECTION 59-65-100 SO AS TO REQUIRE THE STATE BOARD OF EDUCATION, WITH THE CONSULTATION AND ASSISTANCE OF THE EIA SELECT COMMITTEE, TO PROVIDE FOR THE DESIGN OF AND TESTING OF PROGRAMS TO REDUCE AND RECOVER SCHOOL DROPOUTS, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL FUND THE PROGRAM, TO PROVIDE FOR A FIVE-YEAR PHASE-IN OF THE PROGRAM BEGINNING WITH THE 1989-90 SCHOOL YEAR AND ENDING WITH STATEWIDE FUNDING IN THE 1993-94 FISCAL YEAR, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS BEGINNING WITH THE 1991-92 SCHOOL YEAR REQUIRING SCHOOL DISTRICTS TO DEVELOP AND IMPLEMENT DROPOUT PREVENTION AND RECOVERY PLANS FOUND EFFECTIVE DURING THE TESTING PROCESS, TO ALLOW THE BOARD TO WAIVE THE REGULATIONS UPON REQUEST OF A DISTRICT WHEN A WAIVER RATIONALLY RELATES TO PROGRAM SUCCESS, AND TO PROVIDE FOR THE DISTRIBUTION FORMULA FOR PROGRAM FUNDS TO AMEND THE 1976 CODE BY ADDING SECTION 59-29-220 SO AS TO PROVIDE A DISCIPLINE-BASED ARTS EDUCATION CURRICULUM FOR SCHOOLS OF THE STATE; TO AMEND SECTION 59-18-20 OF THE 1976 CODE, RELATING TO COMPETITIVE GRANT PROGRAMS FOR SCHOOLS, SO AS TO ESTABLISH A COMPETITIVE STATEWIDE INNOVATION GRANTS PROGRAM AND A COMMITTEE TO EVALUATE, REVIEW, AND RECOMMEND GRANTS, A LIMITATION ON GRANT AMOUNTS, AND TO PROVIDE FOR IMPLEMENTATION OF THE PROGRAM; TO AMEND THE 1976 CODE BY ADDING SECTION 2-1-185, SO AS TO PROVIDE FOR ANNUAL INCREASES IN THE COMPENSATION OF MEMBERS OF THE GENERAL ASSEMBLY BEGINNING WITH THE 1991 SESSION OF THE GENERAL ASSEMBLY AND TO PROVIDE THAT THE INCREASE MUST BE THE SAME PERCENTAGE OF THE COST OF LIVING ADJUSTMENT FOR STATE EMPLOYEES' SALARIES IN THE LAST COMPLETED FISCAL YEAR BEFORE THE APPLICABLE SESSION; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-452 SO AS TO ESTABLISH THE PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM; TO AMEND SECTION 50-1-150 OF THE 1976 CODE, RELATING TO THE DISPOSITION OF HUNTING AND FISHING LICENSE FEES AND FINES AND FORFEITURES FOR HUNTING AND FISHING VIOLATIONS, SO AS TO PROVIDE THAT FUNDS CREDITED TO THE GAME PROTECTION FUND MAY BE EXPENDED FOR CAPITAL EXPENDITURES FOR RECREATIONAL PURPOSES AND TO PROVIDE THAT UPON APPROVAL BY A MAJORITY OF THE COUNTY LEGISLATIVE DELEGATION DISBURSEMENTS FOR CAPITAL EXPENDITURES FOR RECREATIONAL PURPOSES MUST BE MADE AS REQUESTED AND SUBJECT TO NO OTHER REVIEW OR APPROVAL BY THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES;
Rep. McLELLAN made a statement relative to the General Appropriations Bill, H. 3600.
Rep. McLELLAN moved that while debating the State Appropriations Bill, he be allowed to note a motion daily to reconsider each Section adopted, which was agreed to.
SECTION 1.1 was adopted.
SECTION 1A.1 was adopted.
SECTION 2.1 was adopted.
Rep. COOPER proposed the following Amendment No. 6 (Doc. No. 0579b), which was tabled.
Amend the bill, as and if amended, Part I, Section 3A Senate, p. 3-002, Line 28, by inserting in columns (7) and (8) /220,800/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. COOPER explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. COOPER spoke in favor of the amendment.
Rep. McLELLAN spoke against the amendment.
Rep. KIRSH moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Boan Brown, H. Brown, J. Bruce Burriss, M.D. Chamblee Clyborne Corbett Cork Corning Derrick Faber Fair Fant Farr Felder Ferguson Gentry Gordon Hallman Harris, J. Harris, P. Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.W. Keegan Keesley Keyserling Kirsh Koon Limehouse Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis McKay McLellan McTeer Neilson Nesbitt Phillips Rama Rogers, T. Rudnick Sheheen Short Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, J. Winstead Wofford Wright
Those who voted in the negative are:
Carnell Cooper Holt Kay McLeod Simpson Stoddard Townsend Williams, D.
So, the amendment was tabled.
Section 3A was then adopted.
Rep. SHEHEEN proposed the following Amendment No. 13 (Doc. No. 0575b), which was adopted.
Amend the bill, as and if amended, Part I, Section 3B House of Representatives, p. 3-008, Line 29, description, delete /$400/ and insert /$500/.
Renumber sections to conform.
Amend totals and title to conform.
Section 3B, as amended, was adopted.
Section 3C was adopted.
Section 3D was adopted.
Section 3E was adopted.
Section 3F was adopted.
Section 3G was adopted.
Rep. McTEER explained the section.
Section 3H was adopted.
Section 3I was adopted.
Rep. McLELLAN proposed the following Amendment No. 2 (Doc. No. 0574b), which was adopted.
Amend the bill, as and if amended, Part I, Section 3J, Jt. Legislative Committees, p. 3-029, Line 12, insert in columns (7) and (8) /(1.00)/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Rep. WAITES proposed the following Amendment No. 15 (Doc. No. 0620b), which was tabled.
Amend the bill, as and if amended, Part I, Section 3J Jt. Legislative Committee on Energy by inserting on line 1, columns (7) and (8) $70,000 Line 2, insert /(2.00)/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. WAITES explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. KEYSERLING spoke in favor of the amendment.
Rep. McLELLAN spoke against the amendment and moved to table the amendment, which was agreed to.
Section 3J, as amended, was adopted.
Section 3.1 was adopted.
Section 3.2 was adopted.
Section 3.3 was adopted.
Section 3.4 was adopted.
Section 3.5 was adopted.
Section 3.6 was adopted.
Section 3.7 was adopted.
Section 3.8 was adopted.
Section 3.9 was adopted.
Section 3.10 was adopted.
Section 3.11 was adopted.
Section 3.12 was adopted.
Section 3.13 was adopted.
Section 3.14 was adopted.
Section 3.15 was adopted.
Section 3.16 was adopted.
Section 3.17 was adopted.
Section 3.18 was adopted.
Section 3.19 was adopted.
Section 3.20 was adopted.
Section 3.21 was adopted.
Section 3.22 was adopted.
Section 3.23 was adopted.
Section 3.24 was adopted.
Section 3.25 was adopted.
Section 3.26 was adopted.
Section 3.27 was adopted.
Section 3.28 was adopted.
Section 3.29 was adopted.
Section 3.30 was adopted.
Section 3.31 was adopted.
Section 3.32 was adopted.
Section 3.33 was adopted.
Section 3.34 was adopted.
Section 3.35 was adopted.
Rep. RUDNICK proposed the following Amendment No. 14 (Doc. No. 2471U), which was tabled.
Amend the bill, as and if amended, in SECTION 3 (LEGISLATIVE DEPARTMENT), page 3-033, lines 3 and 4, by striking /The additional personnel shall be used only when the House is in regular or special session./ and inserting /The additional personnel may be used from January first to December thirty-first./
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. McABEE spoke against the amendment.
Rep. CORNING spoke in favor of the amendment.
Rep. McLELLAN spoke against the amendment and moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 49 to 41.
Section 3.36, was then adopted.
Section 3.37 was adopted.
Section 3.38 was adopted.
Section 3.39 was adopted.
Section 3.40 was adopted.
Section 3.41 was adopted.
Section 3.42 was adopted.
Rep. McLELLAN moved to adjourn debate upon the Section, which was adopted.
Section 3.45 was adopted.
Section 4 was adopted.
Section 4.1 was adopted.
Section 4.2 was adopted.
Section 4.3 was adopted.
Section 4.5 was adopted.
Section 4.6 was adopted.
Section 4.7 was adopted.
Section 4.8 was adopted.
Section 4.9 was adopted.
Section 4.10 was adopted.
Section 4.11 was adopted.
I abstain from voting on the Judicial Section of the Appropriation Bill.
Rep. JEAN HARRIS.
Section 5A was adopted.
Section 5B was adopted.
Section 5C was adopted.
Section 5D was adopted.
Section 5.1 was adopted.
Section 5.1A was adopted.
Section 5.2 was adopted.
Section 5.2A was adopted.
Section 5.3 was adopted.
Section 5.4 was adopted.
Section 5.5 was adopted.
Section 5.6 was adopted.
Section 5.7 was adopted.
Section 5.8 was adopted.
Section 5.9 was adopted.
Section 5.10 was adopted.
Section 5.14 was adopted.
Section 5.16 was adopted.
Section 5.17 was adopted.
Section 5.18 was adopted.
Section 6 was adopted.
Section 7 was adopted.
Section 8 was adopted.
Section 8.1 was adopted.
Section 8.2 was adopted.
Section 8.3 was adopted.
Section 8.4 was adopted.
Section 8.5 was adopted.
Section 8.6 was adopted.
Section 8.7 was adopted.
Section 9 was adopted.
Section 9.1 was adopted.
Section 9.2 was adopted.
Section 9.3 was adopted.
Section 9.4 was adopted.
Section 10 was adopted.
Section 10.1 was adopted.
Section 10.2 was adopted.
Section 10.3 was adopted.
Section 10.4 was adopted.
Section 10.5 was adopted.
Section 10.6 was adopted.
Section 10.7 was adopted.
Section 10.8 was adopted.
Section 10.10 was adopted.
Section 10.11 was adopted.
Section 10.12 was adopted.
Section 10.13 was adopted.
Section 11 was adopted.
Rep. McTEER moved to adjourn debate upon the Section, which was adopted.
Rep. McTEER moved to adjourn debate upon Sections 12.1, 12.2, 12.3, and 12.4, which was adopted.
Section 13 was adopted.
Section 13.1 was adopted.
Section 13.2 was adopted.
Section 13.3 was adopted.
Section 13.4 was adopted.
Section 13.5 was adopted.
Section 14A was adopted.
Section 14B was adopted.
Section 14C was adopted.
Section 14D was adopted.
Section 14E was adopted.
Section 14F was adopted.
Section 14G was adopted.
Section 14H was adopted.
Section 14I was adopted.
Section 14J was adopted.
Section 14K was adopted.
Section 14L was adopted.
Section 14M was adopted.
Section 14N was adopted.
Section 14O was adopted.
Section 14P was adopted.
Section 14.1 was adopted.
Section 14.2 was adopted.
Section 14.3 was adopted.
Section 14.4 was adopted.
Section 14.5 was adopted.
Section 14.6 was adopted.
Section 14.7 was adopted.
Section 14.8 was adopted.
Section 14.9 was adopted.
Section 14.10 was adopted.
Section 14.11 was adopted.
Section 14.12 was adopted.
Section 14.13 was adopted.
Section 14.14 was adopted.
Section 14.16 was adopted.
Section 14.17 was adopted.
Rep. HENDRICKS proposed the following Amendment No. 16 (Doc. No. 2525U), which was adopted.
Amend the bill, as and if amended, Part I, Section 1, in paragraph 14-18 by striking: /county eligible for job tax credits under Section 12-7-1220 of the 1976 Code. or by plant located in a county eligible to receive Title IX funds for economically disadvantaged or distressed areas/ which begins on line 11 in the lefthand column on page 14.052 and inserting: /county designated for the year ending the previous December thirty-first as a less developed area or a moderately developed area under Section 12-7-1220 of the 1976 Code/.
Amend title to conform.
Rep. HENDRICKS explained the amendment.
The amendment was then adopted.
Section 14.18, as amended, was adopted.
Section 14.19 was adopted.
Section 14.20 was adopted.
Section 14.21 was adopted.
Section 14.22 was adopted.
Section 14.23 was adopted.
Section 14.24 was adopted.
Section 14.25 was adopted.
Section 14.26 was adopted.
Section 14.27 was adopted.
Section 14.28 was adopted.
Section 14.29 was adopted.
Section 14.30 was adopted.
Section 14.31 was adopted.
Section 14.32 was adopted.
Section 14.33 was adopted.
Section 14.34 was adopted.
Section 14.35 was adopted.
Section 14.36 was adopted.
Section 14.38 was adopted.
Section 14.39 was adopted.
Rep. KIRSH proposed the following Amendment No. 4 (Doc. No. 0576b), which was adopted.
Amend the bill, as and if amended, Part I, Section 14 - Budget and Control Board, P. 14-054, Paragraph 14.41, Lines 14-22, delete: /salary increase - recommendations...Budget and Control Board./
Line 29. Insert at the end /For purposes of the salary increase effective on or after October 1, 1989, the directors of the Division of Local Government, Second Injury Fund, and State Workers' Compensation Fund will be covered by the Agency Head Salary Commission. Salary increase recommendations based on performance evaluations for the directors of the Divisions of Local Government and the Second Injury Fund will be submitted to the Commission by the Executive Director of the Budget and Control Board. The Governor will submit a salary increase recommendation based on a performance evaluation for the director of the State Workers' Compensation Fund to the Commission;/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 14.41, as amended, was adopted.
Section 14.44 was adopted.
Section 14.46 was adopted.
Section 14.48 was adopted.
Section 14.49 was adopted.
Section 14.50 was adopted.
Section 14.51 was adopted.
Section 14.53 was adopted.
Section 14.54 was adopted.
Section 14.55 was adopted.
Section 14.56 was adopted.
Section 14.57 was adopted.
Section 14.58 was adopted.
Section 14.59 was adopted.
Section 14.60 was adopted.
Section 14.61 was adopted.
Section 14.62 was adopted.
Section 14.63 was adopted.
Section 14.64 was adopted.
Section 14.65 was adopted.
Section 14.66 was adopted.
Section 14.67 was adopted.
Section 14.57 was adopted.
Section 14.58 was adopted.
Section 14.59 was adopted.
Section 14.60 was adopted.
Section 14.61 was adopted.
Section 14.62 was adopted.
Section 14.63 was adopted.
Section 14.64 was adopted.
Section 14.65 was adopted.
Section 14.66 was adopted.
Section 14.67 was adopted.
Rep. McABEE moved to reconsider the vote whereby Section 14.59 was adopted, which was agreed to.
Rep. McABEE raised the Point of Order that Section 14.59 was out of order as it was not directly related to a line-item appropriation in the Bill.
The SPEAKER sustained the Point of Order and ruled the Section out of order.
Section 14.68 was adopted.
Section 14.69 was adopted.
Section 14.70 was adopted.
Section 14.71 was adopted.
Section 14.72 was adopted.
Section 14.73 was adopted.
Section 14.76 was adopted.
Section 14.78 was adopted.
Section 14.79 was adopted.
Section 14.80 was adopted.
Section 14.81 was adopted.
Section 14.82 was adopted.
Section 14.83 was adopted.
Section 14.84 was adopted.
Section 14.85 was adopted.
Section 14.86 was adopted.
Section 14.87 was adopted.
Section 14.88 was adopted.
Section 14.90 was adopted.
Section 14.91 was adopted.
Section 14.92 was adopted.
Section 14.93 was adopted.
Section 14.94 was adopted.
Section 14.95 was adopted.
Reps. RUDNICK and WALDROP proposed the following Amendment No. 50 (Doc. No. 2535U), which was tabled.
Amend the bill, as and if amended, in Part I, Section 14 (Budget and Control Board) by adding an appropriately numbered paragraph at the end to read:
/14.___. The Budget and Control Board may not adopt any plan which increases the applicable deductibles for the health insurance plan for state employees, public school district employees, retired state employees, and retired public school employees participating in the state health insurance plan above those deductibles in effect on January 1, 1989./
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. McLELLAN spoke against the amendment.
Rep. T. ROGERS spoke against the amendment.
Rep. WALDROP spoke in favor of the amendment.
Rep. McLELLAN moved to table the amendment, which was agreed to.
Reps. RUDNICK and WALDROP proposed the following Amendment No. 51 (Doc. No. 2540U), which was tabled.
Amend the bill, as and if amended, in Part I, Section 14 (Budget and Control Board) by adding an appropriately numbered paragraph at the end to read:
/14.___. The Budget and Control Board may not adopt any plan which increases the employees' paid premium for the health insurance plan for state employees, public school district employees, retired state employees, and retired public school employees participating in the state health insurance plan above those premiums paid on January 1, 1989./
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. McLELLAN moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 60 (Doc. No. 0592b), which was adopted.
Amend the bill, as and if amended, Part I, Section 14, Budget and Control Board, page 14-059, right column, beginning on line 26, by inserting a new paragraph:
/14.96. It is the intent of the General Assembly that Section 2-7-66 of the South Carolina Code of Laws of 1976, as amended, shall apply to the following EIA programs and items funded: the EIA Select Committee; the Joint Business-Education Subcommittee; the Wil Lou Gray Opportunity School; the School for the Deaf and Blind; the John de la Howe School; the Department of Mental Retardation, state agency teacher pay; the SC Commission on Alcohol and Drug Abuse, SCIP program; the Continuum of Care Policy Council; the School Council Assistance Project-USC; and the Commission on Higher Education, Centers of Excellence, Teacher Loan Program, and Teacher Recruitment Program. This requirement shall not be construed to change the method currently used to distribute funds for these programs. The Budget and Control Board is directed to insure compliance with this provision./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. MANLY moved that when the House adjourns it adjourn out of memory and respect for Ina Alexander Madden, Rep. M.O. ALEXANDER'S sister, which was agreed to.
Section 15 was adopted.
Section 15.1 was adopted.
Section 15.2 was adopted.
Section 15.3 was adopted.
Section 15.4 was adopted.
Section 15.5 was adopted.
Section 15.6 was adopted.
Section 15.7 was adopted.
Section 15.8 was adopted.
Section 15.9 was adopted.
Rep. PHILLIPS proposed the following Amendment No. 29 (Doc. No. 2562U).
Amend the bill, as and if amended, Part I, SECTION 15, COMMISSION ON HIGHER EDUCATION, page 15-004, Proviso 15.10, by inserting after /colleges/ on line 11 /and university campuses/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. PHILLIPS explained the amendment.
Rep. WINSTEAD raised the Point of Order that Amendment No. 29 was out of order as it was not germane as it did not relate to monies appropriated in another section of the Bill.
The SPEAKER stated that if the Section was in the Bill, then the Amendment was germane.
Rep. WINSTEAD further raised the Point of Order that Section 15.10 was out of order as it was not germane.
The SPEAKER overruled the Point of Order on the germaneness of the Amendment.
Rep. McLELLAN inquired about the additional question that was being raised on the Section.
The SPEAKER stated that the member had raised the Point of Order on the Amendment at this point and he overruled that Point. He further stated that the member had raised a Point of Order on the Proviso being germane.
Rep. McLELLAN added, concerning the Point of Order on the Proviso, that there was no money in the Bill that relates to the 'Cutting Edge'.
The SPEAKER sustained the Point of Order and ruled Section 15.10 out of order.
Section 16 was adopted.
Section 16.2 was adopted.
Section 17 was adopted.
Section 18 was adopted.
Section 18.1 was adopted.
Section 18.2 was adopted.
Section 19 was adopted.
Section 20 was adopted.
Section 21 was adopted.
Section 22 was adopted.
Section 23A was adopted.
Section 23B was adopted.
Section 23C was adopted.
Section 23D was adopted.
Section 23E was adopted.
Section 23F was adopted.
Section 23G was adopted.
Section 23H was adopted.
Section 23I was adopted.
Section 23J was adopted.
Section 23.2 was adopted.
Section 23.3 was adopted.
Section 23.4 was adopted.
Section 23.5 was adopted.
Section 23.6 was adopted.
Section 23.7 was adopted.
Section 24 was adopted.
Section 25A was adopted.
Section 25B was adopted.
Section 25C was adopted.
Section 25D was adopted.
Section 25.1 was adopted.
Section 25.2 was adopted.
Section 25.3 was adopted.
Section 25.4 was adopted.
Section 25.5 was adopted.
Section 25.6 was adopted.
Section 26 was adopted.
Rep. TOWNSEND moved to adjourn debate upon Sections 27, 27.1, 27.2, 27.3, 27.4, which was adopted.
Rep. BOAN moved to adjourn debate upon the Section.
Rep. RUDNICK moved to table the motion, which was agreed to by a division vote of 68 to 13.
Reps. BOAN, J. HARRIS and T. ROGERS proposed the following Amendment No. 36 (Doc. No. 0597b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28, State Education Department, page 28-007, line 14 opposite "Alloc EIA-Gift-Talent Prg", by inserting in column (7) /$18,965,000/
Amend further on line 15, opposite "Alloc EIA-Mod Voc Equip" by inserting in column (7) /$4,000,000/
Amend further, page 28-009, line 28, opposite "Alloc EIA-Com Tchr Grants" by inserting in column (7) /$770,000/
Amend further, on line 29, opposite "Alloc EIA-Innov Grant" by inserting in column (7) /$370,000/
Amend further page 28-013, on line 33, opposite "Grants", by inserting in column (7) /$4,400,000/
Amend further page 28-014, line 08, opposite "Alloc EIA-Constr and Renv", by inserting in column (7) /$1,412,000/
Amend further line 25, opposite "Alloc EIA-Impaired Dist" by inserting in column (7) /$197,335/
Amend further page 28-017, line 14, opposite "Alloc EIA-Alcohol Drug Abuse" by inserting in column (7) /$742,075/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. ROGERS explained the amendment.
The amendment was then adopted.
Reps. BOAN, J. HARRIS and T. ROGERS proposed the following Amendment No. 35 (Doc. No. 0596b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28, State Education Department, page 28-013, line 26 opposite "Contractual Services" by inserting in column (7) /$106,703/
Amend further, page 28-013, line 39 opposite "Contractual Services" by inserting in column (7) /$144,277/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment
The amendment was then adopted.
Reps. BOAN, J. HARRIS and T. ROGERS proposed the following Amendment No. 41 (Doc. No. 0586b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28, State Education Department, page 28-017, line 40, by inserting in column (7) /(5.00)/ and in column (8) /(5.00)/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Section 28, as amended, was adopted.
Section 28.1 was adopted.
Section 28.2 was adopted.
Section 28.3 was adopted.
Section 28.4 was adopted.
Reps. BOAN, J. HARRIS and T. ROGERS proposed the following Amendment No. 44 (Doc. No. 0616b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28 - State Education Dept., Page 28-019, Paragraph 28.5, Line 30, by striking /$4.75/ and inserting /$4.89/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. L. MARTIN proposed the following Amendment No. 48 (Doc. No. 0628b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28 - State Education Department, Page 28-019, right column, Paragraph 28.5, Line 35, by inserting immediately after /paid/ the following /at least the minimum hourly rate/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
Section 28.5, as amended, was adopted.
Section 28.6 was adopted.
Section 28.7 was adopted.
Section 28.8 was adopted.
Section 28.9 was adopted.
Section 28.10 was adopted.
Section 28.11 was adopted.
Section 28.12 was adopted.
Section 28.13 was adopted.
Section 28.14 was adopted.
Section 28.15 was adopted.
Section 28.16 was adopted.
Section 28.17 was adopted.
Section 28.18 was adopted.
Section 28.19 was adopted.
Section 28.20 was adopted.
Section 28.21 was adopted.
Section 28.22 was adopted.
Section 28.23 was adopted.
Section 28.24 was adopted.
Section 28.25 was adopted.
Section 28.26 was adopted.
Section 28.27 was adopted.
Section 28.28 was adopted.
Section 28.29 was adopted.
Section 28.30 was adopted.
Section 28.31 was adopted.
Section 28.32 was adopted.
Section 28.33 was adopted.
Section 28.34 was adopted.
Section 28.35 was adopted.
Section 28.36 was adopted.
Section 28.39 was adopted.
Section 28.40 was adopted.
Section 28.41 was adopted.
Section 28.42 was adopted.
Section 28.43 was adopted.
Rep. BOAN explained the section.
Section 28.44 was adopted.
Section 28.45 was adopted.
Section 28.46 was adopted.
Section 28.47 was adopted.
Section 28.48 was adopted.
Section 28.49 was adopted.
Section 28.50 was adopted.
Reps. BOAN, J. HARRIS and T. ROGERS proposed the following Amendment No. 34 (Doc. No. 0595b), which was adopted.
Amend the bill, as and is amended, Part I, Section 28, State Education Department, page 28-024, paragraph 28.51, beginning on line 07, by striking the paragraph in its entirety and inserting
/A minimum of one-half of one percent of the total estimated EIA revenue must be appropriated for School Building Aid. In the event that an official revenue shortfall is declared in EIA funds, the appropriation for EIA School Building Aid must first be reduced. In the event that EIA School Building Aid is not sufficient to cover the shortfall, then each remaining EIA program will be reduced on a pro rata basis to the extent that the total program reductions are equal to the total revenue shortfall. Such pro rata reduction shall not apply to the funds appropriated for EIA teacher salaries, related fringe benefits and teacher incentive pay contained in x.c.1 Aid to Subdivisions./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Section 28.51, as amended, was adopted.
Section 28.52 was adopted.
Section 28.53 was adopted.
Section 28.55 was adopted.
Section 28.56 was adopted.
Section 28.57 was adopted.
Section 28.58 was adopted.
Section 28.59 was adopted.
Section 28.60 was adopted.
Section 28.61 was adopted.
Section 28.62 was adopted.
Section 28.63 was adopted.
Section 28.64 was adopted.
Section 28.65 was adopted.
Section 28.66 was adopted.
Section 28.67 was adopted.
Section 28.69 was adopted.
Section 28.70 was adopted.
Section 28.71 was adopted.
Section 28.72 was adopted.
Section 28.73 was adopted.
Section 28.74 was adopted.
Section 28.75 was adopted.
Section 28.76 was adopted.
Section 28.77 was adopted.
Rep. T. ROGERS proposed the following Amendment No. 30 (Doc. No. 0593b).
Amend the bill, as and is amended, Part I, Section 28, State Education Department, page 28-027, paragraph 28.79, line 16, by adding immediately after /level./ the following /However, students eligible for school breakfast or lunch programs shall not be required to pay fees authorized pursuant to this provision./
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. ROGERS explained the amendment.
Rep. WASHINGTON raised the Point Or Order that Section 28.79 was out of order as it was not germane to the Bill.
Rep. J. ROGERS further stated that not only did the Section not affect any funds in the Bill, but it authorized the districts to impose a new tax, therefore it was not germane.
The SPEAKER sustained Rep. WASHINGTON'S Point of Order and ruled the section out of order.
Section 28.87 was adopted.
Section 28.88 was adopted.
Section 28.90 was adopted.
Section 28.91 was adopted.
Section 28.92 was adopted.
Section 28.93 was adopted.
Rep. BOAN explained the section.
Section 28.96 was adopted.
Section 28.97 was adopted.
Section 28.98 was adopted.
Section 28.99 was adopted.
Section 28.100 was adopted.
Section 28.101 was adopted.
Reps. BOAN, J. HARRIS and T. ROGERS proposed the following Amendment No. 33 (Doc. No. 0594b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28, State Education Department, page 28-028, paragraph 28.102, line 02, by striking /1988/ and inserting /1989/.
Amend further, line 04, by striking /1988/ and inserting /1989/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Section 28.102, as amended, was adopted.
Section 28.103 was adopted.
Rep. BOAN explained the section.
Rep. HUFF raised the Point of Order that Section 28.104 was out of order as it was not germane to the Bill.
The SPEAKER stated that it included all funds appropriated in the Department of Education and he overruled the Point of Order.
Section 28.104 was adopted.
Reps. BOAN, HUFF, FAIR and SHARPE proposed the following Amendment No. 31 (Doc. No. 0588b).
Amend the bill, as and if amended, Part I, Section 28, State Education Department, page 28-028, beginning on line 20, right column by inserting a new paragraph
/28.____. Any school district may elect to receive an allotment from the state funds appropriated herein to purchase Comprehensive Health Education materials and supplies, rather than use the materials and supplies selected by the State Board of Education. The allotment shall be a per pupil amount derived by using the 135 ADM count of the second preceding fiscal year./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HUFF explained the amendment.
Rep. J. ROGERS moved to table the amendment.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, J. Bailey, K. Barber Baxley Bennett Blanding Brown, G. Brown, J. Faber Ferguson Foster Gordon Hallman Holt Keyserling Kirsh Lockemy Mappus Martin, D. McBride McLeod McTeer Neilson Nesbitt Rogers, J. Rogers, T. Snow Taylor Waites Washington Whipper White Wilkes Williams, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barfield Beasley Blackwell Boan Brown, H. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Corbett Cork Corning Davenport Derrick Elliott Fair Farr Felder Gentry Harris, J. Harris, P. Harvin Harwell Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Kohn Lanford Limehouse Littlejohn Martin, L. Mattos McCain McElveen McGinnis McKay McLellan Moss Nettles Phillips Quinn Rama Rhoad Rudnick Sheheen Short Simpson Stoddard Townsend Tucker Vaughn Waldrop Wells Wilder Wilkins Winstead Wright
So, the House refused to table the amendment.
Rep. HUFF moved to adjourn debate upon the amendment, which was adopted.
Rep. WASHINGTON moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.
Rep. BOAN proposed the following Amendment No. 38 (Doc. No. 0587b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28, State Education Department, page 28-028, beginning on line 20, right column, by inserting a new paragraph:
/28.105: $50,000 of the appropriated EIA funds for the gifted and talented program must be provided to the Governor's School for the Arts - Outreach Program./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
Rep. FELDER spoke against the amendment.
Rep. BOAN spoke in favor of the amendment.
Rep. FELDER spoke against the amendment.
Rep. KEYSERLING spoke in favor of the amendment.
Rep. FELDER moved to table the amendment, which was not agreed to by a division vote of 18 to 83.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. KIRSH and NESBITT proposed the following Amendment No. 52 (Doc. No. 0590b).
Amend the bill, as and if amended, Part I, Section 28, State Education Department, page 28-028, right column, beginning on line 20, by inserting a new paragraph:
/28.___. Any taxable property that has been submitted, assigned to, or is a part of, or pursuant to a bankruptcy proceeding must be excluded from the calculation of the 1989 index of taxpaying ability upon the request of a school district. Any school district applying for such adjustment must notify the Tax Commission by July 15, 1989 of the property in question. The Tax Commission must provide an adjusted index to the Department of Education, not later than July 31, 1989, which shall be implemented in concert with any other authorized adjustment to the 1989 index of taxpaying ability./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. KIRSH proposed the following Amendment No. 61 (Doc. No. 0591b), which was tabled.
Amend the bill, as and if amended, Part I, Section 28, State Education Department, page 28-028, right column, beginning on line 20, by inserting a new paragraph:
/28.____. Funds provided herein for school bus maintenance must be allocated to school bus maintenance shops on a formula based on the actual miles driven./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. BAKER moved to table the amendment, which was agreed to by a division vote of 58 to 43.
Rep. J.W. JOHNSON proposed the following Amendment No. 68 (Doc. No. 0582b).
Amend the bill, as and if amended, Part I, Section 28, - State Education Department, page 28-028, beginning on line 20, right column, by inserting a new paragraph
/28._____ The Department of Education is to correct errors in the index of tax paying ability used for EFA allocations during FY 87-88. Adjustments shall be made to the 1989 index of taxpaying ability to offset any error made in FY 87-88 to ensure that any district shortage or overage is corrected./
Renumber sections to conform.
Amend totals and title to conform.
Rep. J.W. JOHNSON explained the amendment.
The SPEAKER granted Rep. WRIGHT a leave of absence for the remainder of the day to attend a school meeting.
Rep. J.W. JOHNSON continued speaking and moved to adjourn debate upon the amendment, which was adopted.
Rep. WHIPPER proposed the following Amendment No. 71 (Doc. No. 0644b), which was ruled out of order.
Amend the bill, as and if amended, Part I, Section 28 State Education Department, Page 28-028, Line 20, right column, by adding the following proviso /28.____ No provision shall be placed in the Teacher Incentive Pay Program Plan that will penalize teachers because of jury duty or death of a spouse, parent, or child./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WHIPPER explained the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. TOWNSEND raised the Point of Order that Amendment No. 71 was out of order as it did not relate to a line item.
The SPEAKER stated that the amendment has to be directly germane to the purposes of appropriating money or the rules and regulations and directives relative to the appropriation and expenditure of funds and this amendment did not have how the money would be spent and he sustained the Point of Order and ruled the Amendment out of order.
Reps. BOAN, J. HARRIS and T. ROGERS proposed the following Amendment No. 37 (Doc. No. 0598b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28, State Education Department, page 28-027, beginning on line 24, right column, by inserting a new paragraph:
/28.106. The School Bus Transportation Study Committee created by S. 1152 of 1988, in addition to its stated duties, must continue to meet during fiscal year 1989-1990 to evaluate pilot projects for contracting with private companies for the operation of public school bus systems./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Reps. BOAN, J. HARRIS and T. ROGERS proposed the following Amendment No. 39 (Doc. No. 0599b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28, State Education Department, page 28-027, line 38, by inserting a new paragraph
/28.107. Of the funds appropriated for the Education Improvement Act-Impaired Districts, $84,000 must be used to support a pilot full-day kindergarten program in Hampton and Clarendon counties. The districts shall report to the Education Improvement Act Select Committee on the implementation and effectiveness of the program./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Reps. BOAN, J. HARRIS and T. ROGERS proposed the following Amendment No. 40 (Doc. No. 0600b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28, State Education Department, page 28-027, beginning on line 19, left column by inserting a new paragraph
/28.108. Up to $300,000 of unexpended EIA funds from 1988-1989 shall be used to support EIA Special Projects for any school which has been designated critically impaired twice. Should unexpended funds exceed the amount necessary to fund these projects, the EIA Select Committee may use the excess funds to contract for the evaluation of EIA programs or allow the funds to lapse./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Reps. BARFIELD, ELLIOTT, KEEGAN, H. BROWN and CORBETT proposed the following Amendment No. 73 (Doc. No. O648b), which was tabled.
Amend the bill, as and if amended, Part I, Section 28 - State Education Department, page 28-028, right column, by inserting a new paragraph:
/28.____. No funds for public education provided herein shall be expended for pupils to attend school prior to Labor Day./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BARFIELD explained the amendment.
Rep. McGINNIS moved to table the amendment.
Rep. BARFIELD 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 Bailey, K. Baker Barber Baxley Beasley Bennett Blackwell Blanding Brown, J. Bruce Carnell Chamblee Clyborne Cork Davenport Derrick Farr Ferguson Foster Gentry Glover Harris, J. Harris, P. Hendricks Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keesley Kirsh Lanford Littlejohn Manly Martin, D. Martin, L. Mattos McElveen McGinnis McLellan McLeod McTeer Moss Nesbitt Phillips Rudnick Sheheen Townsend Tucker Vaughn Waites Waldrop Wells Whipper Wilkes Wilkins Williams, D.
Those who voted in the negative are:
Bailey, G. Bailey, J. Barfield Boan Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Cooper Corbett Corning Elliott Faber Fair Gordon Hallman Harvin Harwell Hearn Holt Keegan Keyserling Kohn Limehouse Lockemy Mappus McAbee McBride McCain McKay Neilson Nettles Quinn Rama Rhoad Rogers, J. Rogers, T. Sharpe Simpson Snow Wilder Winstead Wofford
So, the amendment was tabled.
Reps. BOAN, HUFF, FAIR and SHARPE proposed the following Amendment No. 31 (Doc. No. 0588b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28, State Education Department, page 28-028, beginning on line 20, right column by inserting a new paragraph
/28.109. Any school district may elect to receive an allotment from the state funds appropriated herein to purchase Comprehensive Health Education materials and supplies, rather than use the materials and supplies selected by the State Board of Education. The allotment shall be a per pupil amount derived by using the 135 ADM count of the second preceding fiscal year./
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. ROGERS spoke against the amendment.
Rep. FOSTER moved to table the amendment.
Rep. FAIR raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, K. Barber Baxley Bennett Blanding Brown, J. Brown, H. Carnell Faber Ferguson Foster Glover Gordon J. Harris Harwell Holt Keyserling Kirsh Lockemy Manly Martin, D. McAbee McBride McKay McLeod McTeer Neilson Nesbitt Rhoad Rogers, J. Rogers, T. Sheheen Snow Waites Washington Whipper White Wilkes Williams, D. Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Baker Barfield Beasley Blackwell Boan Brown, H. Bruce Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Corbett Cork Corning Davenport Derrick Elliott Fair Farr Gentry Hallman Harris, P. Hearn Hendricks Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Lanford Limehouse Littlejohn Mappus Martin, L. Mattos McCain McElveen McGinnis McLellan Moss Phillips Quinn Rama Rudnick Sharpe Townsend Tucker Vaughn Waldrop Wells Wilder Wilkins Winstead
So, the House refused to table the amendment.
Rep. McTEER spoke against the amendment.
Rep. HUFF spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. FAIR 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, J. Baker, D. Barfield Beasley Blackwell Boan Brown, H. Bruce Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Elliott Fair Farr Gentry Gordon Hallman Harris, P. Harwell Hearn Hendricks Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Koon Lanford Limehouse Littlejohn Lockemy Mappus Martin, L. Mattos McCain McGinnis McLellan Moss Nettles Phillips Quinn Rama Rudnick Sharpe Short Simpson Townsend Tucker Vaughn Waldrop Wells Wilder Wilkins Williams, J. Winstead Wofford Wright
Those who voted in the negative are:
Altman Bailey, K. Barber Baxley Bennett Blanding Brown, J. Carnell Faber Ferguson Foster Harris, J. Keyserling Kirsh Manly McAbee McBride McLeod McTeer Neilson Nesbitt Rhoad Rogers, J. Rogers, T. Sheheen Snow Waites Washington Whipper White Wilkes Williams, D.
So, the amendment was adopted.
Debate was resumed on Amendment No. 52 by Reps. KIRSH and NESBITT.
Rep. HENDRICKS raised the Point of Order that Amendment No. 52 was out of order as it was not germane to the Bill.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
Debate was resumed on Amendment No. 68 by Rep. J.W. JOHNSON.
Rep. J.W. JOHNSON explained the amendment.
Rep. BLACKWELL moved to table the amendment, which was agreed to by a division vote of 52 to 15.
Rep. MANLY proposed the following Amendment No. 77 (Doc. No. 0649B), which was tabled.
Amend the bill, as and if amended, Part I, Section 28, State Education Department, Page 28-028, right column, by inserting a new paragraph /Notwithstanding any other provision herein, school districts shall select textbooks and materials to be used in implementing the Comprehensive Health Education Act from the textbooks and materials approved by the State Board of Education./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MANLY explained the amendment.
Rep. FAIR raised the Point of Order that Amendment No. 77 was out of order as it was not germane to the Bill.
The SPEAKER stated that the House had adopted a previous amendment which was applicable to making this amendment germane.
Rep. FAIR further argued that Amendment No. 77 did not relate to a line item.
Rep. J.C. JOHNSON argued that Amendment No. 77 affected state law and the previous adopted amendment did not.
The SPEAKER stated that the Amendment was germane and he overruled the Point of Order.
Rep. MANLY continued speaking.
Rep. MANLY asked unanimous consent to amend the amendment at the desk.
Rep. BEASLEY objected.
Rep. TOWNSEND spoke against the amendment and moved to table the amendment.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, J. Baker Barfield Baxley Beasley Blackwell Boan Brown, H. Bruce Burriss, M.D. Burriss, T.M. Clyborne Cooper Corbett Cork Corning Davenport Fair Gentry Glover Hallman Hearn Hendricks Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Lanford Littlejohn Mappus Martin, L. McCain McGinnis Moss Nettles Phillips Quinn Rudnick Sharpe Simpson Snow Townsend Tucker Vaughn Waldrop Wells Wilder Wofford Wright
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, G. Bailey, K. Barber Bennett Blanding Brown, J. Brown, R. Carnell Elliott Faber Farr Ferguson Foster Gordon Harris, J. Harwell Keyserling Lockemy Manly Martin, D. Mattos McAbee McBride McElveen McKay McLellan McLeod McTeer Neilson Nesbitt Rama Rogers, J. Rogers, T. Sheheen Short Taylor Waites Whipper White Williams, D. Williams, J.
So, the amendment was tabled.
Rep. BLACKWELL moved that the House do now adjourn, which was adopted.
Rep. McLELLAN moved to reconsider the vote whereby Sections 1.1, 1A.1, 2.1, 3A, 3B, 3C, 3D, 3E, 3F, 3G, 3H, 3I, 3J, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, 3.11, 3.12, 3.13, 3.14, 3.15, 3.16, 3.17, 3.18, 3.19, 3.20, 3.21, 3.22, 3.23, 3.24, 3.25, 3.26, 3.27, 3.28, 3.29, 3.30, 3.31, 3.32, 3.33, 3.34, 3.35, 3.36, 3.37, 3.38, 3.39, 3.40, 3.41, 3.42, 3.45, 4, 4.1, 4.2, 4.3, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 5A, 5B, 5C, 5D, 5.1, 5.1A, 5.2, 5.2A, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, 5.10, 5.14, 5.16, 5.17, 5.18, 6, 7, 8, 8.1, 8.2, 8.3, 8.4, 8.5, 8.6, 8.7, 9, 9.1, 9.2, 9.3, 9.4, 10, 10.1, 10.2, 10.3, 10.4, 10.5, 10.6, 10.7, 10.8, 10.10, 10.11, 10.12, 10.13, 11, 13, 13.1, 13.2, 13.3, 13.4, 13.5, 14A, 14B, 14C, 14D, 14E, 14F, 14G, 14H, 14I, 14J, 14K, 14L, 14M, 14N, 140, 14P, 14.1, 14.2, 14.3, 14.4, 14.5, 14.6, 14.7, 14.8, 14.9, 14.10, 14.11, 14.12, 14.13, 14.14, 14.16, 14.17, 14.18, 14.19, 14.20, 14.21, 14.22, 14.23, 14.24, 14.25, 14.26, 14.27, 14.28, 14.29, 14.30, 14.31, 14.32, 14.33, 14.34, 14.35, 14.36, 14.38, 14.39, 14.41, 14.44, 14.46, 14.48, 14.49, 14.50, 14.51, 14.53, 14.54, 14.55, 14.56, 14.57, 14.58, 14.60, 14.61, 14.62, 14.63, 14.64, 14.65, 14.66, 14.67, 14.68, 14.69, 14.70, 14.71, 14.72, 14.73, 14.76, 14.78, 14.79, 14.80, 14.81, 14.82, 14.83, 14.84, 14.85, 14.86, 14.87, 14.88, 14.90, 14.91, 14.92, 14.93, 14.94, 14.95, 14.96, 15, 15.1, 15.2, 15.3, 15.4, 15.5, 15.6, 15.7, 15.8, 15.9, 16, 16.2, 17, 18, 18.1, 18.2, 19, 20, 21, 22, 23A, 23B, 23C, 23D, 23E, 23F, 23G, 23H, 23I, 23J, 23.2, 23.3, 23.4, 23.5, 23.6, 23.7, 24, 25A, 25B, 25C, 25D, 25.1, 25.2, 25.3, 25.4, 25.5, 25.6, 26, 28, 28.1, 28.2, 28.3, 28.4, 28.5, 28.6, 28.7, 28.8, 28.9, 28.10, 28.11, 28.12, 28.13, 28.14, 28.15, 28.16, 28.17, 28.18, 28.19, 28.20, 28.21, 28.22, 28.23, 28.24, 28.25, 28.26, 28.27, 28.28, 28.29, 28.30, 28.31, 28.32, 28.33, 28.34, 28.35, 28.36, 28.39, 28.40, 28.41, 28.42, 28.43, 28.44, 28.45, 28.46, 28.47, 28.48, 28.49, 28.50, 28.51, 28.52, 28.53, 28.55, 28.56, 28.57, 28.58, 28.59, 28.60, 28.61, 28.62, 28.63, 28.64, 28.65, 28.66, 28.67, 28.69, 28.70, 28.71, 28.72, 28.73, 28.74, 28.75, 28.76, 28.77, 28.87, 28.88, 28.90, 28.91, 28.92, 28.93, 28.96, 28.97, 28.98, 28.99, 28.100, 28.101, 28.102, 28.103, 28.104, 28.105, 28.106, 28.107, 28.108 and 28.109 were adopted and the motion was noted.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.
At 7:05 P.M. the House in accordance with the motion of Rep. MANLY adjourned in memory of Ina Alexander Madden, Rep. M.O. ALEXANDER'S sister to meet at 10:00 A.M. tomorrow.
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