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:
Our Father God, we offer our grateful thanks for Your protection that attended us during the past night and for bringing us safely to this hour. Today is the tomorrow that we worried about yesterday, and we see now how foolish our anxiety was. Teach us to trust You more completely and seek Your guidance in all that we do. Keep us diligent in the tasks at hand, knowing that small deeds done are better than great deed planned. Cause us to know that none of us can do everything, but each one can do something for the good of our fellowmen and acceptable to You.
Grant us Your peace. 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.
Rep. DAVENPORT moved that when the House adjourns, it adjourn in memory of Robert "Bob" H. Chapman, Jr., which was agreed to.
The following was received.
Columbia, S.C., March 9, 1994
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R302, H. 4570 by a vote of 44 to 0.
(R302) H. 4570 -- Reps. Baker and McMahand: AN ACT TO AMEND ACT 67 OF 1965, AS AMENDED, RELATING TO THE BOARD OF FIRE CONTROL FOR THE SOUTH GREENVILLE AREA FIRE DISTRICT, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR FOR THE UNEXPIRED PORTION OF THE TERM.
Very respectfully,
President
No. 114
Received as information.
The following was received and referred to the appropriate committee for consideration.
Document No. 1743
Promulgated By Department of Labor, Licensing and Regulation, Occupational Health and Safety Review Board
Failure to Appear at Hearing Before the Occupational Health and Safety Review Board
Received By Speaker March 8, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date February 12, 1995
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4868 -- Reps. Snow, M.O. Alexander, Allison, Anderson, J. Bailey, Baker, Barber, Baxley, Breeland, J. Brown, Byrd, Carnell, Chamblee, Clyborne, Cobb-Hunter, Corning, Cromer, Delleney, Elliott, Fair, Fulmer, Gamble, Govan, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Hines, Hodges, Holt, Huff, Inabinett, Jaskwhich, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Law, Littlejohn, Martin, Mattos, McCraw, McElveen, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, D. Smith, R. Smith, Spearman, Stille, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whipper, White, J. Wilder, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A HOUSE RESOLUTION TO REQUEST THE ATTORNEY GENERAL AND THE STATE CONSUMER ADVOCATE TO INVESTIGATE WHETHER OR NOT CERTAIN COMPANIES OR ENTITIES OFFERING RESIDENTS OF THIS STATE THROUGH THE MAIL THE OPPORTUNITY TO WIN CASH OR PRIZES THROUGH A SWEEPSTAKES OR SIMILAR TYPES OF CONTEST ARE VIOLATING ANY PROVISION OF STATE OR FEDERAL LAW.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4870 -- Reps. Davenport, Meacham, Vaughn, R. Smith, M.O. Alexander, Stoddard, Marchbanks, Wofford, Stone, Stuart, Townsend, Moody-Lawrence, Harrell, Witherspoon, Cato, Simrill, Hutson, Keegan, Chamblee, Harrelson, Stille, Hallman, Haskins, Richardson, Riser, J. Wilder, Klauber, D. Wilder, Fulmer, Cromer, Spearman, J. Bailey, H. Brown, Baker, Hines, G. Bailey, Allison, Lanford, Scott, Robinson, Tucker, Wright, Carnell, Neilson, Koon, Phillips, Law, Kinon, Littlejohn, Walker, D. Smith, McCraw, Farr and Jaskwhich: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE CONGRESS OF THE UNITED STATES TO TAKE URGENT AND FIRM ACTION TO ENSURE THE HEALTH OF THE AMERICAN TEXTILE INDUSTRY.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 699 -- Senator Land: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE TERMS AND CONDITIONS UNDER WHICH THE CREDITS MAY BE USED BY A SUCCESSOR CORPORATION FOLLOWING A MERGER, CONSOLIDATION, OR REORGANIZATION WHERE TAX ATTRIBUTES SURVIVE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1645 SO AS TO AUTHORIZE THE FILING OF A CONSOLIDATED CORPORATE INCOME TAX RETURN AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH SUCH RETURNS MAY BE FILED.
Ordered for consideration tomorrow.
The following was introduced:
H. 4895 -- Reps. Wright, Sturkie, Gamble, Riser, Stuart and Koon: A CONCURRENT RESOLUTION COMMENDING STEVEN A. GANTT FOR HIS OUTSTANDING PUBLIC SERVICE AS EXECUTIVE DIRECTOR OF THE IRMO CHAPIN RECREATION COMMISSION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HOLT, with unanimous consent, the following was taken up for immediate consideration:
S. 1241 -- Senators Richter, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE MISS FRANCES LOUISE PARKER OF CHARLESTON UPON BEING CHOSEN MISS USA 1994 AND TO EXTEND AN INVITATION TO MISS PARKER TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:15 P.M. ON TUESDAY, MARCH 15, 1994.
Whereas, Miss Frances Louise Parker was born in Anderson but spent her formative years on her family's working farm in the community of Estill in Hampton County; and
Whereas, Miss Parker, now of Charleston, competed in the Miss USA pageant in South Padre Island, Texas, against women from forty-nine other states and the District of Columbia; and
Whereas, Miss Parker was selected by a panel of judges on Friday, February 11, 1994, as Miss USA 1994; and
Whereas, as Miss USA, Miss Parker will represent the United States in the Miss Universe Pageant on May 20, 1994, in Manila, Philippines; and
Whereas, Miss Parker earned a Bachelor of Arts Degree in English from the College of Charleston and a Masters of Arts Degree in Teaching English from the Citadel; and
Whereas, Miss Parker has demonstrated her commitment to improving the opportunities for the youth of South Carolina by entering the profession of teaching at North Charleston High School where she teaches ninth grade English Literature; and
Whereas, this commitment inspired her to form and work as executive director of H.A.T.S (Helping All Teens Survive) International, an organization which helps teens in crisis by promoting a positive attitude and self-esteem through counseling and outreach programs; and
Whereas, the members of the General Assembly would like to hear her speak on the issues important to her and the State and would like to invite her to speak to a joint session of the General Assembly. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly congratulate Miss Frances Louise Parker of Charleston on the occasion of being chosen Miss USA 1994 and invite her to address a joint session of the General Assembly at 12:15 P.M. on Tuesday, March 15, 1994.
Be it further resolved that a copy of this resolution be forwarded to Miss USA 1994, Frances Louise Parker.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4896 -- Rep. G. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-3-995 SO AS TO PROVIDE REQUIREMENTS FOR THE SAMPLING OF DISTILLED SPIRITS IN RETAIL ALCOHOLIC LIQUOR STORES.
Referred to Committee on Labor, Commerce and Industry.
H. 4897 -- Rep. Fair: A BILL TO AMEND SECTION 13-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH REGARD TO REGULATING RADIATION SOURCES, SO AS TO LIMIT TO FOUR THE NUMBER OF HOURS REQUIRED FOR TRAINING PROGRAMS FOR OPERATORS OF TANNING EQUIPMENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4898 -- Rep. Sharpe: A BILL TO AMEND SECTION 29-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS FOR REPAIR OR STORAGE, SO AS TO EXPAND CIRCUMSTANCES UNDER WHICH A LIEN OCCURS, TO EXPAND THE NOTICE PROVISIONS, AND TO PROVIDE FOR THE SCHEDULING OF THE SALE; TO AMEND SECTION 56-5-5640, RELATING TO SALE OF UNCLAIMED VEHICLES, SO AS TO ALLOW FOR THE SALE BY A MAGISTRATE PURSUANT TO SECTION 29-15-10; AND TO AMEND SECTION 56-5-5900, RELATING TO LIABILITY OF LIENHOLDERS OF STOLEN VEHICLES, SO AS TO PROVIDE THAT OWNERS OR LIENHOLDERS OF STOLEN VEHICLES ARE NOT EXEMPT FROM TOWING AND STORAGE COSTS WHEN A VEHICLE IS RECOVERED.
Referred to Committee on Judiciary.
H. 4899 -- Reps. P. Harris and Cromer: A BILL TO PROVIDE THAT IT IS UNLAWFUL TO LICK, KISS, OR BITE A CANE TOAD OR TO ENGAGE IN THE ACT OF TOAD-SMOKING, AND TO PROVIDE FOR A PENALTY OF THIRTY DAYS' COMMUNITY SERVICE AT THE AQUARIUM/REPTILE COMPLEX AT RIVERBANKS ZOO IN COLUMBIA.
Referred to Committee on Judiciary.
S. 292 -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 33, TITLE 43, SO AS TO ENACT THE "EMPLOYMENT BILL OF RIGHTS FOR PERSONS WITH DISABILITIES"; TO AMEND SECTIONS 43-33-510, 43-33-520, 43-33-530, 43-33-540, AND 43-33-560, ALL RELATING TO THE "BILL OF RIGHTS FOR HANDICAPPED PERSONS", SO AS TO DELETE REFERENCES TO EMPLOYMENT AND TO CHANGE THE TERM "HANDICAPPED PERSONS" TO "PERSONS WITH DISABILITIES"; TO CHANGE THE TITLE OF ARTICLE 7, CHAPTER 33, TITLE 43 TO "BILL OF RIGHTS FOR PERSONS WITH DISABILITIES"; TO REPEAL SECTION 43-33-550 RELATING TO JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION WITH REGARD TO EMPLOYMENT DISCRIMINATION; TO REPEAL SECTION 43-33-570 RELATING TO THE DEFINITION OF REASONABLE JUSTIFICATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS SUBJECT TO FEDERAL LAW REGARDING EMPLOYMENT DISCRIMINATION.
Referred to Committee on Labor, Commerce and Industry.
S. 398 -- Senator Hayes: A BILL TO AMEND SECTIONS 27-40-710, AS AMENDED, AND 27-40-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF PROCESS TO A TENANT UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO PROVIDE THAT A LANDLORD'S OBLIGATION TO PROVIDE SERVICE UNDER THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE IS SATISFIED AFTER THE LANDLORD HAS GIVEN NOTICE ONE TIME, AND PROVIDE THE MANNER IN WHICH THIS NOTICE MUST BE GIVEN.
Referred to Committee on Judiciary.
S. 787 -- Senator Stilwell: A BILL TO AMEND ARTICLE 13, CHAPTER 7, TITLE 14 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, BY ADDING SECTION 14-7-1595, SO AS TO PROVIDE FOR EMPOWERING A COUNTY GRAND JURY TO INVESTIGATE CERTAIN OFFENSES AND GIVING THE SOLICITOR CERTAIN ADDITIONAL POWERS AND AUTHORITIES BEFORE A COUNTY GRAND JURY EMPOWERED TO INVESTIGATE THOSE OFFENSES.
Referred to Committee on Judiciary.
S. 1021 -- Senator Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-55 SO AS TO PROVIDE THAT RESPONSIBILITY FOR THE COSTS OF MEDICAL CARE FOR AN ARRESTED PERSON MUST FIRST BE FROM THE ARRESTED PERSON'S INSURANCE OR FINANCIAL RESOURCES AND THEN FROM GOVERNMENT FUNDS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1034 -- Senator Bryan: A BILL TO AMEND SECTION 17-13-140, RELATING TO THE ISSUANCE, EXECUTION, AND RETURN OF SEARCH WARRANTS, SO AS TO PROVIDE THAT IF A WARRANT IS ISSUED UPON AN AFFIDAVIT WHICH IS SUPPLEMENTED BY SWORN ORAL TESTIMONY, THE ISSUING JUDGE MUST MAKE CONTEMPORANEOUS WRITTEN NOTES OF THAT SWORN ORAL TESTIMONY AND THOSE NOTES MUST BE MADE PART OF THE RECORD; AND TO AMEND SECTION 17-13-141, RELATING TO RECORDS TO BE KEPT BY JUDICIARY OFFICERS AUTHORIZED TO ISSUE SEARCH WARRANTS, SO AS TO REQUIRE THAT THE CONTEMPORANEOUS WRITTEN NOTES OF ANY SWORN ORAL TESTIMONY WHICH SUPPLEMENTS AN AFFIDAVIT BE KEPT AS PART OF THE RECORD.
Referred to Committee on Judiciary.
S. 1043 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 3-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTANCE BY THE STATE OF SOUTH CAROLINA OF RELINQUISHMENT OF LANDS BY THE UNITED STATES, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING THE REQUIREMENT THAT THE SECRETARY OF STATE MAINTAIN A PERMANENT FILE OF THE NOTICES OF ACCEPTANCE AND RELINQUISHMENT, AND REQUIRE THE BUDGET AND CONTROL BOARD TO MAINTAIN A PERMANENT FILE OF THESE NOTICES.
Referred to Committee on Judiciary.
S. 1077 -- Senators Patterson and Wilson: A BILL TO AMEND SECTION 55-11-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO EXTEND THE DEFINITION OF AIR CARRIER HUB TERMINAL FACILITY TO A FACILITY WITH AT LEAST FIVE COMMON CARRIER DEPARTING CARGO AND AIR FREIGHT FLIGHTS A DAY AT LEAST FIVE DAYS EACH WEEK.
Referred to Committee on Ways and Means.
S. 1119 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR REGISTRATION AS AN OPTOMETRIST, SO AS PROSPECTIVELY TO REQUIRE THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-103, RELATING TO DIAGNOSTIC AND THERAPEUTIC EXAMINATIONS, SO AS TO DELETE THE DIAGNOSTIC CATEGORY AND TO PROVIDE THAT THEY MUST BE APPROVED RATHER THAN ADMINISTERED BY THE BOARD; TO AMEND SECTION 40-37-210, RELATING TO PROCEDURES FOR TAKING AND HEARING COMPLAINTS, SO AS TO PROVIDE THAT HEARING NOTICES MAY BE SENT BY CERTIFIED MAIL; TO AMEND SECTION 40-37-290, RELATING TO OFFICE LOCATION AND POSTING OF REGISTRATIONS, SO AS TO PROHIBIT THE BOARD FROM RESTRICTING OFFICE LOCATION AND THE USE OF MOBILE UNITS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1232 -- Judiciary Committee: A BILL TO AMEND ARTICLE 9, CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF TRAINING AND CONTINUING EDUCATION UNDER THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO MAKE THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AN ADVISORY COUNCIL, TO DEVOLVE THE FUNCTIONS OF THE COUNCIL UPON THE DEPARTMENT OF PUBLIC SAFETY AND THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, TO REVISE THE MEMBERSHIP OF THE TRAINING COUNCIL, AND TO MAKE CONFORMING CHANGES THROUGHOUT THE ARTICLE.
Referred to Committee on Judiciary.
S. 1235 -- Senator Bryan: A BILL TO ABOLISH THE MAGISTERIAL POSITION AT JACKS TOWNSHIP IN LAURENS COUNTY.
Referred to Laurens Delegation.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Allison Anderson Askins Bailey, J. Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Cato Chamblee Clyborne Cobb-Hunter Corning Cromer Davenport Fair Farr Gamble Gonzales Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Holt Hutson Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Lanford Law Littlejohn Marchbanks Martin McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Phillips Richardson Riser Robinson Rogers Scott Sharpe Sheheen Simrill Smith, D. Smith, R. Snow Stille Stoddard Stone Stuart Thomas Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, March 9.
Thomas N. Rhoad Denny W. Neilson Jerry N. Govan, Jr. Irene K. Rudnick James S. Klauber F.G. "Greg" Delleney Molly M. Spearman John G. Felder Ronald C. Fulmer Daniel T. Cooper George H. Bailey Ronald P. Townsend Larry L. Elliott William S. Houck, Jr. C. Lenoir Sturkie Jennings G. McAbee Juanita M. White William D. Keyserling James G. Mattos Thomas C. Alexander Dewitt Williams Dell Baker Alma W. Byrd Thomas E. Huff June S. Shissias Richard M. Quinn, Jr. Michael F. Jaskwhich E.B. McLeod, Jr. Ralph W. Canty Marion P. Carnell Lindsey O. Graham Larry L. Koon Joseph T. McElveen, Jr. Robert A. Barber, Jr. C. Alex Harvin, III
LEAVES OF ABSENCE
The SPEAKER granted Reps. CARNELL and RHOAD a temporary leave of absence.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Part IA, Section 31.
Debate was resumed on Section 31.
Rep. CLYBORNE proposed the following Amendment No. 233 (Doc Name L:\council\legis\amend\N05\7688BDW.94), which was tabled.
Amend the bill, as and if amended, Part IA, Section 31, Department of Mental Health, page 307, by deleting line 16.
Renumber sections & amend totals/title to conform.
Rep. CLYBORNE explained the amendment.
Reps. SCOTT and MATTOS spoke against the amendment.
Rep. FAIR spoke in favor of the amendment.
Reps. MARTIN, J. WILDER, ROGERS, McMAHAND and P. HARRIS spoke against the amendment.
Rep. CLYBORNE spoke in favor of the amendment.
The SPEAKER granted Rep. JENNINGS a temporary leave of absence to attend a funeral.
Rep. CLYBORNE continued speaking.
Rep. M.O. ALEXANDER spoke against the amendment.
Rep. FAIR spoke in favor of the amendment.
Rep. ROGERS moved to table the amendment.
Rep. M.O. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Barber Baxley Beatty Boan Breeland Brown, G. Brown, J. Byrd Chamblee Cobb-Hunter Cromer Davenport Delleney Elliott Farr Felder Gamble Govan Harrelson Harris, J. Harris, P. Harvin Harwell Hines Hodges Holt Houck Inabinett Jaskwhich Kennedy Keyserling Kinon Kirsh Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Richardson Rogers Rudnick Sheheen Shissias Snow Spearman Stille Stoddard Thomas Townsend Tucker Waites Whipper White Wilder, D. Wilder, J. Wilkes Williams Worley
Those who voted in the negative are:
Allison Baker Brown, H. Cato Clyborne Cooper Corning Fair Fulmer Gonzales Graham Hallman Harrell Harrison Haskins Huff Keegan Kelley Klauber Law Littlejohn Marchbanks Meacham Riser Simrill Smith, D. Stone Trotter Vaughn Wells Witherspoon Wofford Wright Young, A.
So, the amendment was tabled.
Section 31 was adopted.
Debate was resumed on Section 46.
Reps. WAITES, SHISSIAS and WHIPPER proposed the following Amendment No. 241 (Doc Name L:\h-wm\legis\amend\CJ.026), which was tabled.
Amend the bill, as and if amended, Part IA, Section 46, Clemson University (PSA), Page 388, Paragraph IV, Line 3, opposite /Classified Positions/ by decreasing the amounts in columns (5) and (6) by /$135,000/
Amend further, Page 388, Line 5, opposite /Unclassified Positions/ by decreasing the amounts in columns (5) and (6) by /$481,000/
Amend further, Page 388, Line 10, opposite /Other Operating Expenses/ by decreasing the amounts in columns (5) and (6) by /$184,000/
Renumber sections & amend totals/title to conform.
Rep. WAITES explained the amendment.
Rep. McABEE spoke against the amendment and moved to table the amendment.
Rep. WAITES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Askins Bailey, G. Barber Baxley Boan Brown, G. Brown, H. Cato Chamblee Cooper Corning Delleney Fair Farr Fulmer Gonzales Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Haskins Hodges Holt Hutson Keegan Kelley Kennedy Kinon Klauber Lanford Law Littlejohn Marchbanks Martin McAbee McCraw McKay McLeod McMahand McTeer Phillips Quinn Richardson Riser Robinson Sharpe Smith, D. Snow Spearman Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells Wilder, D. Williams Witherspoon Worley Wright
Those who voted in the negative are:
Anderson Bailey, J. Baker Beatty Breeland Cromer Davenport Gamble Houck Huff Inabinett Jaskwhich Kirsh McElveen Meacham Moody-Lawrence Neal Neilson Rudnick Sheheen Shissias Simrill Stille Waites Whipper Wilkes Young, A.
So, the amendment was tabled.
Section 46 was adopted.
I inadvertently voted to not table Amendment #241. I misunderstood the motion. I intended to vote to table the amendment.
Rep. DELL BAKER
At the time of the vote on the measure whereby the House would have reduced funding for turf grass research, I was out of the Chamber meeting with members of the Beaufort County School Board. Had I been in the Chamber for the vote, I would have voted against the amendment.
Rep. WILLIAM D. KEYSERLING
Debate was resumed on Section 68.
Section 68 was adopted.
Debate was resumed on Section 69A.
Section 69A was adopted.
Rep. BOAN moved to adjourn debate upon the section, which was adopted.
Rep. BOAN moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 19.
Reps. KIRSH and McTEER proposed the following Amendment No. 126 (Doc Name L:\h-wm\legis\amend\FR.012), which was adopted.
Amend the bill, as and if amended, Part IA, Section 19, Education, Page 251, Line 20, Opposite /Assistance Act/ by decreasing the amount in column (5) by /$500,000/
Amend further, Page 257, Line 8, Opposite /Teacher Loan/ by increasing the amount in column (5) by /$300,000/
Amend further, Page 257, Line 9, Opposite /Continuum Care/ by increasing the amount in column (5) by /$200,000/
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. CORNING proposed the following Amendment No. 251 (Doc Name L:\h-wm\legis\amend\FR.035), which was tabled.
Amend the bill, as and if amended, Part IA, Section 19, Education, Page 250, Line 12, opposite /Other Operating/ by increasing the amounts in columns (5) and (6) by /2,255,000/
Amend further, Page 255, Line 8, opposite /Alloc-EIA-Constr/ by increasing the amount in column (5) by /760,000/
Renumber sections & amend totals/title to conform.
Rep. CORNING explained the amendment.
Rep. McTEER spoke against the amendment.
Rep. CORNING spoke in favor of the amendment.
Rep. McTEER moved to table the amendment, which was agreed to by a division vote of 66 to 12.
Rep. CORNING proposed the following Amendment No. 252 (Doc Name L:\h-wm\legis\amend\FR.036), which was tabled.
Amend the bill, as and if amended, Part IA, Section 19, Education, Page 250, Line 12, opposite /Other Operating/ by increasing the amount in columns (5) and (6) by /7,375,000/
Amend further, Page 255, Line 8, opposite /Alloc-EIA-Constr/ by increasing the amount in column (5) by /2,040,000/
Renumber sections & amend totals/title to conform.
Rep. CORNING explained the amendment.
Rep. SIMRILL moved to table the amendment, which was agreed to by a division vote of 50 to 7.
Rep. CORNING proposed the following Amendment No. 254 (Doc Name L:\h-wm\legis\amend\FR.038), which was tabled.
Amend the bill, as and if amended, Part IA, Section 19, Education, Page 250, Line 12, opposite /Other Operating/ by increasing the amount in columns (5) and (6) by /400,000/
Amend further, Page 255, Line 8, opposite /Alloc-EIA-Constr/ by increasing the amount in column (5) by /100,000/
Renumber sections & amend totals/title to conform.
Rep. CORNING explained the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 45 to 13.
Debate was resumed on Amendment No. 200, which was proposed on Tuesday, March 8, by Rep. STUART.
Rep. STUART moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 214, which was proposed on Tuesday, March 8, by Rep. CORNING.
Rep. CORNING moved to table the amendment, which was agreed to.
Reps. RUDNICK, STONE, R. SMITH, HUFF and SHARPE proposed the following Amendment No. 140 (Doc Name L:\h-wm\legis\amend\FR.026), which was tabled.
Amend the bill, as and if amended, Part IA, Section 19, Education, Page 259, Line 23, opposite /Other Operating/ by reducing the amount in column (5) by /$100,000/
Amend further, Page 259, by inserting after Line 23 /Aid to Entities - Freeman School/ and adding an amount in column (5) /$100,000/
Renumber sections & amend totals/title to conform.
Rep. RUDNICK explained the amendment.
Rep. McTEER spoke against the amendment and Rep. PHILLIPS 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 56 to 23.
Reps. BAXLEY, J. HARRIS and NEILSON proposed the following Amendment No. 183 (Doc Name L:\h-wm\legis\amend\TMR.022), which was adopted.
Amend the bill, as and if amended, Part IA, Section 19, SDE, Page 260, by inserting after Line 4 a new item Column (5) Column (6)
/Assistant Director
(1.00) (1.00)/
Renumber sections & amend totals/title to conform.
The amendment was then adopted.
Rep. JASKWHICH moved to reconsider the vote whereby Amendment No. 93 was adopted to Section 26, Part IB and the motion was noted.
Rep. BOAN moved that the House recede until 1:45 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.
At 1:45 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of amendments, Section 19.
Debate was resumed on Section 19.
Reps. WALKER, ALLISON, BEATTY, TOWNSEND, LITTLEJOHN, DAVENPORT, SHARPE, COOPER, LANFORD, CHAMBLEE and WELLS proposed the following Amendment No. 80 (Doc Name L:\h-wm\legis\amend\FR.010), which was tabled.
Amend the bill, as and if amended, Part IA, Section 19, Department of Education, Page 260, Line 28, opposite /Educ Fin Act/ by increasing the amounts in columns (5) and (6) by /$17,787,469/
Renumber sections & amend totals/title to conform.
Rep. WALKER explained the amendment.
Rep. McTEER spoke against the amendment.
Rep. WALKER spoke in favor of the amendment.
Rep. McTEER moved to table the amendment.
Rep. WALKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Askins Bailey, J. Baker Barber Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Clyborne Delleney Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Haskins Hines Hodges Holt Houck Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Law Marchbanks Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Quinn Rhoad Richardson Rogers Scott Sheheen Shissias Simrill Smith, R. Spearman Stoddard Stuart Tucker Vaughn Waites Waldrop Wells Whipper White Wilder, J. Wilkes Williams Wofford Worley Young, A. Young, R.
Those who voted in the negative are:
Allison Anderson Cato Chamblee Cooper Corning Davenport Elliott Fair Harvin Harwell Kennedy Littlejohn Neilson Phillips Riser Robinson Rudnick Smith, D. Stille Stone Thomas Townsend Trotter Walker Wilder, D. Witherspoon Wright
So, the amendment was tabled.
Rep. McTEER explained the section.
Section 19 was adopted.
Debate was resumed on Section 3.
Rep. KIRSH proposed the following Amendment No. 127 (Doc Name L:\h-wm\legis\amend\TMR.025), which was adopted.
Amend the bill, as and if amended, Part IB, Section 3, Legislature, Page 513, Paragraph 57, by striking the entire paragraph except for lines 35-40 which read /The missions of each state agency will be submitted to the General Assembly in the Governor's Budget Report for Fiscal Year 1995-96. Notwithstanding Section 1-30-10(H) of the Restructuring Act, the Fiscal Year 1995-96 Appropriations Bill will be the document in which the General Assembly approves the missions of state agencies./
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Reps. HUTSON, VAUGHN, CLYBORNE, WILKINS, A. YOUNG and MARCHBANKS proposed the following Amendment No. 98 (Doc Name L:\h-wm\legis\amend\DC.ZBB), which was adopted.
Amend the bill, as and if amended, Part IB, Section 3, Legislative Dept., Page 514, Line 29, by adding an appropriately numbered paragraph to read /During FY 94-95 the General Assembly, including its appropriate standing committees, shall use a 'zero-base' budget process in the preparation of the General Appropriation Bill for FY 95-96/
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Rep. HUTSON explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. HUTSON spoke in favor of the amendment.
Rep. MARCHBANKS spoke in favor of the amendment.
The amendment was then adopted.
Rep. DAVENPORT proposed the following Amendment No. 206 (Doc Name L:\h-wm\legis\amend\FF.015), which was tabled.
Amend the bill, as and if amended, Part IB, Section 3, Legislative, Page 514, by inserting a new paragraph to read: /From the funds provided herein, the Legislative Audit Council is directed to conduct a series of investigative audits to determine whether tenured employees in the higher education system are working productively for at least the minimum required hours per week. The study must further determine whether tenured employees continue to perform at a high level of achievement after their tenure is granted and whether low performing employees at higher pay levels are required to be kept in the system regardless of their performance. The study must further determine whether the tenure system ensures that employees show continuous improvement and academic growth. The study must further determine whether a tenure system prevents the needed flexibility to provide for ever changing educational course demands. To ensure that a factual basis is available for the time on task portion of this analysis, tenured employees are required to keep detailed timesheets showing for each date, by hour, the work that was performed. These timesheets must be available monthly or as needed at the convenience of the auditors. Each timesheet must carry a signed certification by the tenured employee that the information contained therein is true and correct. Notwithstanding any provision of law, regulation, policy, or procedure, failure to provide accurate information or the provision of false information on these timesheets shall constitute the sole basis for the termination of the employee. Within 90 days after the end of each quarter the Legislative Audit Council must provide a quarterly report to the State Reorganization Commission and the State Reorganization Commission shall subject each report to the full compliance review process./
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Rep. DAVENPORT explained the amendment.
Rep. McTEER moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, J. Barber Baxley Boan Breeland Brown, H. Brown, J. Byrd Delleney Elliott Felder Gamble Govan Graham Harrelson Harris, J. Harvin Harwell Holt Houck Inabinett Jennings Kennedy Keyserling Kinon Law Mattos McAbee McCraw McMahand McTeer Moody-Lawrence Rhoad Robinson Rogers Rudnick Scott Sheheen Shissias Spearman Stoddard Stuart Tucker Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Williams
Those who voted in the negative are:
Allison Bailey, G. Baker Beatty Brown, G. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Fair Fulmer Gonzales Hallman Harrell Harris, P. Harrison Haskins Hines Hutson Jaskwhich Keegan Kelley Kirsh Klauber Koon Lanford Littlejohn McLeod Meacham Neilson Phillips Quinn Richardson Riser Sharpe Simrill Smith, D. Smith, R. Stille Stone Sturkie Thomas Townsend Trotter Vaughn Walker Wilkins Wright Young, A. Young, R.
So, the amendment was tabled.
Section 3 as amended was adopted.
Rep. ROBINSON moved to reconsider the vote whereby Amendment No. 206 in Section 3 was tabled and the motion was noted.
Debate was resumed on Section 11.
Section 11 was adopted.
Debate was resumed on Section 17G.
Rep. BEATTY proposed the following Amendment No. 148 (Doc Name L:\council\legis\amend\GJK\20601SD.94), which was adopted.
Amend the bill, as and if amended, Part IB , Section 17G, Paragraph 6, which begins on line 26, page 530, in the right-hand column, by striking /the Clemson University Division of Agriculture and Natural Resources/ and inserting /any state-supported college, university, or technical college/
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Rep. BEATTY explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 1 (Doc Name L:\h-wm\legis\amend\DC.17G), which was rejected.
Amend the bill, as and if amended, Part 1B, Section 17G, Division of Budget and Analysis, Page 533, Paragraph 25, Line 1, by striking the paragraph in its entirety and inserting /the amounts appropriated to the Budget and Control Board for Base Pay Increase must be allocated by the Board to various state agencies to provide pay increases for employees in accordance with the following plan:
A. Effective on the first pay date which occurs on or after July 1, of the current fiscal year, the compensation of all employees shall be increased by 3.25% on the first $25,000 of their current salary.
B. In addition, effective on the first pay date which occurs on or after July 1, of the current fiscal year, a one-time base pay increase shall be awarded to all employees in the following percentage amounts:
(1) Employees with less than one year of service in their current job as of July 1, 1994 will receive no increase.
(2) Employees with at least one and less than three years of service in their current job as of July 1, 1994 will receive a .5% increase.
(3) Employees with at least three and less than five years of service in their current job as of July 1, 1994 will receive a 1% increase.
(4) Employees with five or more years of service in their current job as of July 1, 1994 will receive a 1.5% increase.
Such increases shall be limited to the maximum of an employee's salary range/
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Rep. KIRSH explained the amendment.
Rep. BOAN spoke against the amendment.
Reps. HARWELL and HARRELSON spoke in favor of the amendment.
Rep. BOAN moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, J. Baker Barber Boan Brown, H. Carnell Cato Clyborne Gamble Harrell Harris, J. Harris, P. Haskins Hodges Holt Jaskwhich Keegan Kinon Koon Law Marchbanks Martin Mattos McAbee McCraw McLeod McMahand McTeer Rogers Rudnick Sheheen Tucker Vaughn Waites Wells Wilder, D. Wofford
Those who voted in the negative are:
Anderson Bailey, G. Baxley Breeland Brown, G. Brown, J. Byrd Canty Chamblee Cobb-Hunter Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Fulmer Gonzales Govan Graham Hallman Harrelson Harrison Harwell Hines Houck Huff Hutson Inabinett Jennings Kelley Kennedy Keyserling Kirsh Klauber Lanford Littlejohn McElveen Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Scott Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Waldrop Walker Whipper White Wilkes Wilkins Williams Worley Wright Young, A.
So, the House refused to table the amendment.
Rep. BOAN moved to adjourn debate upon the amendment, which was rejected.
Reps. McABEE and CLYBORNE spoke against the amendment.
Reps. KIRSH and NEAL spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Anderson Bailey, G. Breeland Brown, J. Byrd Canty Cobb-Hunter Cooper Cromer Davenport Elliott Fair Farr Gonzales Govan Graham Harrelson Harwell Hines Houck Huff Hutson Inabinett Kennedy Keyserling Kirsh Klauber Lanford Littlejohn McMahand Moody-Lawrence Neal Neilson Phillips Rhoad Robinson Scott Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Townsend Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Williams
Those who voted in the negative are:
Alexander, M.O. Allison Askins Bailey, J. Baker Barber Baxley Boan Brown, H. Carnell Cato Chamblee Clyborne Corning Delleney Fulmer Hallman Harrell Harris, J. Harris, P. Harrison Haskins Hodges Holt Jaskwhich Jennings Keegan Kelley Kinon Koon Law Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod McTeer Meacham Quinn Richardson Riser Rogers Rudnick Sharpe Sheheen Shissias Simrill Trotter Tucker Vaughn Waites Walker Wells Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the amendment was rejected.
Rep. BOAN proposed the following Amendment No. 15 (Doc Name L:\h-wm\legis\amend\17G.PAY), which was adopted.
Amend the bill, as and if amended, Part 1B, Section 17G, Division of Budget and Analysis, Page 533, Paragraph 25, Line 9, right column, by striking /"pay ranges/" and inserting /"minimum of the pay ranges"/
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Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. CLYBORNE proposed the following Amendment No. 228 (Doc Name L:\council\legis\amend\DKA\3296SD.94), which was tabled.
Amend the bill, as and if amended, Part IB, Temporary Provisions, Section 17G - Division of Budget and Analyses, by striking paragraph 38 which begins on page 535 and inserting:
/38. OSB - Cost Reduction Goal) It is hereby declared that a long term goal of the General Assembly is to reduce the cost of state government. Permanent reductions are to be achieved through: 1) legitimate cost savings measures; 2) gains in program efficiency and effectiveness; 3) increased use of other funding sources; 4) elimination or reduction of lower priority programs. To the extent practicable, reductions are to be implemented without reductions in direct services. The following appropriations are not subject to the reduction requirement: Capital Reserve Fund, Debt Service, Aid to Subdivisions, Direct Aid to School Districts (Program XIII), Distributions to School Districts for School Bus Drivers, School Bus Operating Expenses and Bus Shop Salaries, Other Operating Expenses for Textbooks and Audio-Visual Supplies, Higher Education Tuition Grants Commission, Prosecution Coordination Commission, the Department of Corrections, State Law Enforcement Division (Office of the Governor), and the Department of Public Safety. For the current fiscal year, annual general fund appropriations must be reduced for all state agencies by graduated percentages distributed in thirds based on each agencies ranking according to the FY 94-95 initial allocation of funds (with ranking accounting for deductions accomplished by the exemptions) as follows: for those agencies ranked in the first one-third of all agencies: a reduction of 1.65%; for those agencies ranked in the middle one-third of all agencies: a reduction of 1.4%; for those agencies ranked in the final one-third of all agencies: a reduction of .75%.
All agencies and institutions are to submit cost reduction plans to the Division of Budget and Analyses - Office of State Budget before October 1, 1994. The plan should include a list of which programs were reduced, by how much, and a brief description of how the reduction was accomplished and the projected impact on services. The plan should also include recommendations for statutory changes or further regulatory reform which would allow agencies to accomplish permanent cost reductions./
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Rep. CLYBORNE explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. CLYBORNE demanded the yeas and nays, which was not ordered.
The amendment was then tabled by a division vote of 77 to 32.
Rep. ROBINSON proposed the following Amendment No. 110 (Doc Name L:\h-wm\legis\amend\DC.018), which was tabled.
Amend the bill, as and if amended, Part IB, Section 17G, B&CB-Div. of Budget and Analysis, Page 536, Paragraph 39, Line 30, by inserting a new line after /position./ to read: /Employees reassigned based on this provision shall be paid at the salary of the new position rather than the salary of their prior position./
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Rep. ROBINSON explained the amendment.
The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.
Rep. BOAN moved to table the amendment, which was agreed to.
Reps. WILKINS and HODGES proposed the following Amendment No. 30 (Doc Name L:\h-wm\legis\amend\DC.SCS), which was adopted.
Amend the bill, as and if amended, Part IB, Section 17G, Division of Budget and Analyses, Page 536, Paragraphs 39 and 40, Line 23, by deleting the paragraph in its entirety.
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Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. McABEE proposed the following Amendment No. 281 (Doc Name L:\h-wm\legis\amend\CJ.060), which was adopted.
Amend the bill, as and if amended, Part IA, Section 17G, Page 530, Paragraph 6, Line 26, by striking the Amendment number /148/ and inserting /however, that whenever the Clemson University Division of Agriculture and Natural Resources is required by law or legislative intent to grant a salary increase to its employees, the State Budget shall include such additional funds as may be necessary to fully fund such a salary increase, regardless of the source of the employee's base salary. Provided however, that education and general employees (excluding federal and auxiliary funded employees) of the colleges, universities and technical colleges will be exempted from this ratio requirement./
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Rep. McABEE explained the amendment.
Rep. BEATTY spoke against the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment.
Rep. J. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Beatty Breeland Brown, J. Byrd Cato Cobb-Hunter Davenport Farr Govan Harrelson Hines Huff Inabinett Kelley Keyserling Kirsh Lanford Littlejohn Martin McElveen McMahand Meacham Moody-Lawrence Neal Quinn Richardson Rudnick Scott Sheheen Simrill Smith, R. Stille Walker Whipper White Williams Wofford Worley Young, A.
Those who voted in the negative are:
Alexander, T.C. Askins Bailey, G. Baker Barber Baxley Boan Brown, H. Carnell Chamblee Clyborne Cooper Corning Delleney Elliott Fair Felder Fulmer Gamble Graham Hallman Harrell Harris, J. Harris, P. Harvin Harwell Haskins Houck Jennings Keegan Kennedy Kinon Koon Law Marchbanks Mattos McAbee McCraw McKay McLeod McTeer Phillips Rhoad Riser Robinson Rogers Shissias Snow Spearman Stone Townsend Trotter Tucker Vaughn Wells Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wright
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. BEATTY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Askins Bailey, G. Bailey, J. Baker Barber Baxley Boan Brown, H. Carnell Cato Chamblee Clyborne Cooper Corning Cromer Elliott Fair Felder Fulmer Gamble Graham Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Holt Hutson Jennings Keegan Kennedy Kinon Koon Law Marchbanks Mattos McAbee McCraw McKay McLeod McTeer Meacham Neilson Rhoad Richardson Riser Robinson Rogers Shissias Snow Spearman Stone Stuart Sturkie Townsend Trotter Tucker Vaughn Wells Wilder, D. Wilder, J. Wilkins Witherspoon Worley Wright
Those who voted in the negative are:
Anderson Beatty Breeland Brown, J. Byrd Delleney Farr Govan Hines Inabinett Kelley Keyserling Kirsh Lanford Littlejohn McMahand Moody-Lawrence Neal Phillips Rudnick Scott Sheheen Simrill Smith, R. Stille Walker Whipper Williams Wofford Young, A.
So, the amendment was adopted.
Reps. GAMBLE, PHILLIPS, STUART, CROMER, SHISSIAS and McCRAW proposed the following Amendment No. 70 (Doc Name L:\council\legis\amend\GJK\20583SD.94), which was adopted.
Amend the bill, as and if amended, Part IB, by adding the following immediately after Section 17G, which begins on page 529:
/Section 17L. - Office of Insurance Services
The Budget and Control Board shall direct the Office of Insurance Services to develop a prevention component to the health insurance plan for state employees, retirees, and teachers./
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Rep. GAMBLE explained the amendment.
The amendment was then adopted.
Section 17G as amended was adopted.
Debate resumed on Section 18A.
Section 18A was adopted.
Debate was resumed on Section 18B.
Section 18B was adopted.
Debate was resumed on Section 18K.
Section 18K was adopted.
Debate was resumed on Section 18M.
Section 18M was adopted.
Debate was resumed on Section 18N.
Section 18N was adopted.
Debate was resumed on Section 19.
Reps. GAMBLE, PHILLIPS, CROMER, STUART and SHISSIAS proposed the following Amendment No. 73 (Doc Name L:\council\legis\amend\GJK\20584SD.94), which was adopted.
Amend the bill, as and if amended, Part IB, SECTION 19, which begins on page 544, by adding an appropriately numbered paragraph to read:
/____. A school district, in its discretion, may use Critical Teaching Needs (CTN) funds for the purpose of training teachers in Conflict Resolution Methods Appropriate for classroom instruction./
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Rep. GAMBLE explained the amendment.
Rep. LAW moved to table the amendment.
Rep. GAMBLE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Davenport Law Littlejohn Vaughn
Those who voted in the negative are:
Alexander, T.C. Anderson Bailey, G. Baker Barber Baxley Boan Breeland Brown, G. Brown, H. Byrd Cato Chamblee Cobb-Hunter Cooper Corning Cromer Delleney Elliott Fair Farr Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Jennings Keegan Kennedy Keyserling Kinon Kirsh Koon Lanford Marchbanks Martin Mattos McCraw McLeod McMahand Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Snow Spearman Stille Stone Stuart Sturkie Thomas Townsend Trotter Tucker Waites Walker Whipper White Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. RUDNICK moved to reconsider the vote whereby Amendment No. 1 was rejected in Section 17G, Part IB and the motion was noted.
Reps. GAMBLE, SHISSIAS and PHILLIPS proposed the following Amendment No. 149 (Doc Name L:\council\legis\amend\GJK\20599SD.94), which was ruled out of order.
Amend the bill, as and if amended, Part IB, SECTION 19, which begins on page 544, by adding an appropriately numbered paragraph to read:
/____. School districts may require their employees to share in the cost of enrolling in courses funded through the Critical Teaching Needs Program in an amount not to exceed twenty-five percent of the cost of enrollment./
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Rep. GAMBLE explained the amendment.
Rep. INABINETT raised the Point of Order that Amendment No. 149 was out of order as it was not germane.
Rep. GAMBLE argued contra the Point.
The SPEAKER stated that it did not relate to money and he sustained the Point of Order and ruled the amendment out of order.
Rep. McTEER proposed the following Amendment No. 182 (Doc Name L:\h-wm\legis\amend\TMR.031), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19, SDE, Page 545, Paragraph 15, Line 44, by striking /contractual services/
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Rep. McTEER explained the amendment.
The amendment was then adopted.
Rep. WELLS proposed the following Amendment No. 56 (Doc Name L:\h-wm\legis\amend\CJ.ST), which was adopted.
Amend the bill, as and if amended, Part 1B, Section 19, Education, Page 546, Paragraph 20, Line 39, by adding after /"purchase bus parts."/ the word /of/
Amend further, Line 40, by striking in the right column /"buses"/ and inserting after "lease purchase of" /student transport vehicles/
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Rep. WELLS explained the amendment.
The amendment was then adopted.
Rep. McTEER proposed the following Amendment No. 181 (Doc Name L:\h-wm\legis\amend\TMR.030), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19, SDE, Page 548, Paragraph 26, Line 19, by inserting after /these funds/ the following /for retiree insurance/
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Rep. McTEER explained the amendment.
The amendment was then adopted.
Reps. TOWNSEND, WALKER, ALLISON, STILLE, LITTLEJOHN, TROTTER, WRIGHT and D. WILDER proposed the following Amendment No. 97 (Doc Name L:\h-wm\legis\amend\FR.003).
Amend the bill, as and if amended, Part IB, Section 19, Education, Page 551, Paragraph 54, Line 24, right column, by striking the proviso in its entirety.
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Rep. TOWNSEND explained the amendment.
Rep. McTEER spoke against the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
Rep. HARRELSON raised the Point of Order that Paragraph 54 on page 551 of the Bill was out of order as it was not germane.
Rep McTEER stated that since it was not in Part II, it did not have to refer to a line item but it did refer to other proviso sections which stipulate to meet the southeastern average. He further stated that this proviso was part of ensuring that the southeastern average was met and that it was germane because of the stipulation that the monies provided are to be made available in order to meet the southeastern average. He further stated that the salary schedules at the local districts have to be such to meet that average.
The SPEAKER stated citing Rule 5.3, that the General Appropriations Bill or Supplemental Appropriations Bill shall include only provisions for appropriating funds, provisions affecting revenue and rules, regulations, directives, and procedures relative thereto and no provision or no amendment shall be in order unless its substantial effect is directly germane to its purpose. He further stated that the paragraph did not have anything to do with any state money or any general fund or the southeastern average.
Rep McTEER stated that it was a directive that related to the southeastern average.
The SPEAKER stated that it only dealt with local funds and he sustained the Point of Order and ordered the paragraph stricken from the Bill.
Reps. MEACHAM, A. YOUNG, SIMRILL, KLAUBER, LAW and RICHARDSON proposed the following Amendment No. 52 (Doc Name L:\h-wm\legis\amend\FR.007), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 19, Page 554, Line 28, right column, by adding an appropriately numbered paragraph to read /local school districts are allowed to provide for a moment of voluntary silent prayer at the beginning of each school day/.
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Rep. MEACHAM explained the amendment.
Rep. WHITE raised the Point of Order that Amendment No. 52 was out of order as it was not germane.
Rep. MEACHAM argued contra the Point in stating that all of the local districts were funded by this Bill.
The SPEAKER stated, citing Rule 5.3, that this was not a provision or rule or regulation affecting funds in the Bill and he sustained the Point of Order and ruled the amendment out of order.
Reps. MEACHAM, WELLS, ALLISON, SIMRILL, McMAHAND, STILLE, ANDERSON, RICHARDSON and CROMER proposed the following Amendment No. 90 (Doc Name L:\h-wm\legis\amend\FR.007), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 19, Page 554, Line 28, right column, by adding an appropriately numbered paragraph to read /Any local school district which receives funding from this act is allowed to provide for a moment of voluntary silent prayer at the beginning of each school day/.
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Rep. MEACHAM explained the amendment.
Rep. WHITE raised the Point of Order that Amendment No. 90 was out of order as it was not germane.
Rep. MEACHAM argued contra the Point.
The SPEAKER stated, citing Rule 5.3, that the Bill shall only include provisions for appropriating funds, provisions affecting revenue and rules, regulations and directives and procedures relative thereto which meant relative to the expenditure of revenue.
Rep. MEACHAM continued to argue contra the Point in stating that it all related to money as they all received funding.
The SPEAKER stated that it had to be a provision to tell you how you spend money, restrict how you spend money or direct how you spend money. He further stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. RUDNICK proposed the following Amendment No. 134 (Doc Name L:\h-wm\legis\amend\TMR.026), which was tabled.
Amend the bill, as and if amended, Part IB, Section 19, SDE, Page 554, by adding an appropriately numbered paragraph to read /From the funds appropriated in 1A, the Department shall establish Regional Volunteer Coordinators to develop, promote and expand the use of volunteers in all public schools./
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Rep. RUDNICK explained the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 134 was out of order as it was not germane.
The SPEAKER stated that it was directed to how they spend the money in Part IA and he overruled the Point of Order.
Rep. RUDNICK continued speaking.
The SPEAKER granted Reps. WILLIAMS and KENNEDY a leave of absence for the remainder of the day.
Rep. McTEER spoke against the amendment and moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Askins Baker Barber Baxley Boan Carnell Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Gamble Gonzales Hallman Harrell Harris, J. Harris, P. Harrison Harvin Haskins Holt Jennings Keegan Keyserling Kinon Kirsh Lanford Law Littlejohn Marchbanks Martin McAbee McCraw McKay McTeer Meacham Phillips Quinn Rhoad Richardson Riser Robinson Rogers Sharpe Sheheen Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Vaughn Waldrop Walker Wilder, D. Wilder, J. Worley Wright Young, A.
Those who voted in the negative are:
Bailey, G. Bailey, J. Breeland Brown, G. Brown, J. Byrd Harwell Houck Hutson Inabinett Moody-Lawrence Neal Neilson Rudnick Scott Shissias Waites Whipper Young, R.
So, the amendment was tabled.
Rep. WHITE moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 184 (Doc Name L:\h-wm\legis\amend\TR.021), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 19, SDE, Page 554, Line 28, by adding an appropriately numbered paragraph to read: /The Department, in consultation with professional educational associations, shall compile a list of state and local regulations imposed on schools which they consider as unnecessarily burdensome. The findings of this study shall be reported to the General Assembly by January 1995 and must include recommendations to eliminate outdated, duplicative and unnecessary regulations imposed on schools./
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Rep. McTEER raised the Point of Order that Amendment No. 184 was out of order as it was not germane.
The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. McTEER proposed the following Amendment No. 274 (Doc Name L:\h-wm\legis\amend\DM.020), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19, Department of Education, Page 554, by adding and appropriated numbered paragraph to read /EFA lapse will be used to restore cuts and provide a step increase to school bus drivers/
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Rep. McTEER explained the amendment.
The amendment was then adopted.
Rep. KEYSERLING proposed the following Amendment No. 300 (Doc Name L:\h-wm\legis\amend\TR.065), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19, Education, Page 554, by adding an appropriately numbered paragraph to read: /The Department of Education may designate the Beaufort and/or Jasper County School Districts as demonstration sites for privatization of student transportation services and for the coordination of community based public transportation services.
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Rep. KEYSERLING explained the amendment.
The amendment was then adopted.
Reps. TOWNSEND, WALKER, STILLE, TROTTER, ALLISON and LITTLEJOHN proposed the following Amendment No. 301 (Doc Name L:\h-wm\legis\amend\FR.070), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19, Education, Page 547, Paragraph 25, Line 37, by inserting after /EFA Foundation Program./ the following /The index of taxpaying ability must also be adjusted to reflect the true market value for a manufacturing facility that is closing, or has closed, in the current year if that facility represented more than two percent of the total local revenue for that district./
Renumber sections & amend totals/title to conform.
Rep. MEACHAM proposed the following Amendment No. 302 (Doc Name L:\h-wm\legis\amend\FR.007), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19, Page 554, Line 28, right column, by adding an appropriately numbered paragraph to read /Any local school district which receives funding from this act shall provide for a moment of voluntary silent prayer at the beginning of each school day. And Districts not complying with this provision shall not receive any funding provided by Part IA, Section 19 (O) (page 0258) for higher order thinking skills./
Renumber sections & amend totals/title to conform.
Rep. MEACHAM explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Baker Barber Baxley Boan Brown, G. Brown, H. Byrd Carnell Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Felder Gamble Gonzales Govan Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Hodges Houck Huff Hutson Inabinett Jennings Keegan Kinon Kirsh Koon Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Meacham Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Sharpe Sheheen Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Worley Wright Young, A.
Those who voted in the negative are:
Beatty Cobb-Hunter Whipper Young, R.
So, the amendment was adopted.
I was out of the chamber at the time the roll call vote was taken on Amendment #302. Had I been in the chamber, I would have voted for the amendment.
Rep. JAMES S. KLAUBER
Reps. McTEER and ANDERSON proposed the following Amendment No. 304 (Doc Name L:\h-wm\legis\amend\FF.056), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19, Education, Page 554, Line 28, by adding an appropriately numbered paragraph to read: /The increase in EFA funds over the prior fiscal year should be used to help fund pay increases for those school personnel who are not receiving EIA salary supplements./
Renumber sections & amend totals/title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
Section 19 as amended was adopted.
Debate was resumed on Section 19A.
Rep. McTEER proposed the following Amendment No. 180 (Doc Name L:\h-wm\legis\amend\TMR.032), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19A, SDE, Page 555, Paragraph 6, Lines 31-32, by striking /Basic Skills Remedial/ and inserting /Academic Assistance Act 135/
Renumber sections & amend totals/title to conform.
Rep. McTEER proposed the following Amendment No. 202 (Doc Name L:\h-wm\legis\amend\TMR.035), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19A, SDE, Page 558, Paragraph 31, Lines 18-19, by striking /of the/
Amend further, Page 558, Paragraph 31, Line 20, by striking /$1,248,000/
Renumber sections & amend totals/title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
Rep. McTEER proposed the following Amendment No. 185 (Doc Name L:\h-wm\legis\amend\TMR.28), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19A, SDE, Paragraph 34, Page 558, Line 44, Left Column and Line 1, Right Column by striking /Remedial and Compensatory Program/ and by inserting /Academic Assistance Act 135/
Renumber sections & amend totals/title to conform.
Rep. McTEER proposed the following Amendment No. 191 (Doc Name L:\h-wm\legis\amend\TMR.033, which was adopted.
Amend the bill, as and if amended, Part IB, Section 19A, SDE, Paragraph 43, Page 559, Line 16-17, by striking /contractual services/ and inserting /other operating expenses/
Renumber sections & amend totals/title to conform.
Reps. HINES, NEILSON, ANDERSON, ASKINS, BAXLEY, BEATTY, BREELAND, G. BROWN, J. BROWN, GOVAN, HARRELSON, HARVIN, HARWELL, HOUCK, INABINETT, JENNINGS, KENNEDY, McELVEEN, McLEOD, McMAHAND, NEAL, SNOW, SPEARMAN, WILLIAMS and WORLEY proposed the following Amendment No. 258 (Doc Name L:\h-wm\legis\amend\VC.031), which was tabled.
Amend the bill, as and if amended, Part IB, Section 19A, EIA, Page 559, left column, paragraph 41, by inserting after /59-26-20(k)/ Line 38
/In addition, $100,000 of these funds must be set aside and used by the Pee Dee Consortium for minority teaching scholarships./
Renumber sections & amend totals/title to conform.
Rep. HINES explained the amendment.
Rep. LITTLEJOHN raised the Point of Order that Amendment No. 258 was out of order as it was not germane.
The SPEAKER stated that it directed how to spend money and he overruled the Point of Order.
Rep. HARWELL spoke in favor of the amendment.
Rep. G. BROWN spoke in favor of the amendment.
The SPEAKER granted Reps. BAXLEY and WRIGHT a leave of absence for the remainder of the day.
Reps. LITTLEJOHN and McTEER spoke against the amendment.
Rep. NEILSON spoke in favor of the amendment.
Rep. McTEER moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baker Barber Brown, H. Cato Clyborne Cobb-Hunter Corning Delleney Fulmer Gamble Gonzales Graham Hallman Harrell Harrison Holt Jaskwhich Keegan Kelley Keyserling Klauber Lanford Law Littlejohn Marchbanks McCraw McTeer Meacham Quinn Rhoad Richardson Riser Rogers Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Sturkie Thomas Trotter Vaughn Waites Walker Wells White Wilkins Witherspoon Wofford Young, A.
Those who voted in the negative are:
Alexander, T.C. Anderson Askins Bailey, G. Beatty Boan Breeland Brown, G. Brown, J. Byrd Chamblee Cooper Davenport Elliott Felder Harris, J. Harvin Harwell Hines Hodges Houck Hutson Inabinett Jennings Kinon Kirsh McElveen McLeod McMahand Moody-Lawrence Neal Neilson Phillips Robinson Rudnick Scott Snow Stoddard Stone Townsend Wilder, D. Wilder, J. Wilkes Worley
So, the amendment was tabled.
Reps. MATTOS and McTEER proposed the following Amendment No. 3 (Doc Name L:\h-wm\legis\amend\TMR.CTN), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19A, SDE, Page 561, Paragraph 56, Line 40, by inserting after /plan/ the following /These funds may be used for courses which support the education of students with disabilities or special needs in the regular classroom/
Renumber sections & amend totals/title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
Rep. MATTOS proposed the following Amendment No. 193 (Doc Name L:\h-wm\legis\amend\FR.027), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 19A, Education, Page 562, Paragraph 63, Line 5, Left Column, by inserting after /placement./ /The Department shall develop a plan for Community-based alternative initiatives for status offenders to be presented to the Ways and Means Committee, House Education & Public Works Committee, Senate Finance Committee, and Senate Education Committee by January 15, 1995./
Renumber sections & amend totals/title to conform.
Rep. BOAN raised the Point of Order that Amendment No. 193 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. RUDNICK proposed the following Amendment No. 139 (Doc Name L:\h-wm\legis\amend\FR.025), which was tabled.
Amend the bill, as and if amended, Part IB, Section 19A, Education, Page 562, Paragraph 64, Line 6, by striking the proviso in its entirety.
Amend further, Page 562, by adding an appropriately numbered paragraph to read: /The Department shall provide statewide administrators and teachers training in the best practices for addressing student violence and shall develop or select non-violent problem solving curricula and other appropriate violence prevention approaches./
Renumber sections & amend totals/title to conform.
Rep. BOAN raised the Point of Order that Amendment No. 139 was out of order as it was not germane.
The SPEAKER overruled the Point of Order.
Rep. RUDNICK explained the amendment.
Rep. McTEER 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 40 to 20.
Rep. McTEER proposed the following Amendment No. 259 (Doc Name L:\h-wm\legis\amend\FR.030), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19, Page 562, Line 11, Left Column, by adding an appropriately numbered paragraph to read /The funds appropriated for Long Distance Learning shall be allocated to ETV to develop this program in the public schools. For FY 1994-95, however, ETV may temporarily use these funds to assist in its transition to a new facility, provided the funds are replaced and used for Long Distance Learning/
Renumber sections & amend totals/title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
Rep. McTEER proposed the following Amendment No. 203 (Doc Name L:\h-wm\legis\amend\TMR.036), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19A, SDE, Page 562, Lined 11, by adding an appropriately numbered paragraph to read /Funds appropriated for the School Innovation Grants and allocated to the school districts for innovative initiatives in the prior fiscal year may be retained and expended by the school districts for the same purpose during the current fiscal year./
Renumber sections & amend totals/title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
Section 19A as amended was adopted.
Debate was resumed on Section 30.
Reps. CATO, ROBINSON and GRAHAM proposed the following Amendment No. 209 (Doc Name L:\council\legis\amend\CYY\15859AC.94), which was tabled.
Amend the bill, as and if amended, Part IB, JO2 -- Section -- 30 DHEC, paragraph 23, page 574, lefthand column, by adding at the end of line 12:
/However, a public drinking water system is exempt from the fees authorized by this paragraph 23 if the system:
(1) contracts with a private laboratory to provide monitoring and analytical services;
(2) provides the department such information as required by the department and which the department would obtain if the department were conducting these services for the system; and
(3) is otherwise in compliance with the Federal Safe Drinking Water Act./
Renumber sections & amend totals/title to conform.
Rep. CATO explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to by a division vote of 53 to 27.
Reps. ROBINSON and LANFORD proposed the following Amendment No. 210 (Doc Name L:\council\legis\amend\CYY\15861AC.94), which was tabled.
Amend the amendment offered by Representative Sharpe bearing Document Number L:\Council\Legis\Amend\CYY\15842AC.94 by deleting /fifty cents/ and inserting /ten cents/ and by adding at the end before the period /or shall pay one thousand dollars a year user fee, whichever is greater/.
Amend totals and title to conform.
Rep. LANFORD explained the amendment.
Rep. SHARPE spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 61 to 32.
Rep. SPEARMAN moved to reconsider the vote whereby Amendment No. 258 was tabled in Section 19A, Part IB and the motion was noted.
Reps. BAKER, SHARPE and WITHERSPOON proposed the following Amendment No. 285 (Doc Name L:\h-wm\legis\amend\DC.064), which was adopted.
Amend the bill, as and if amended, Part IB, Section 30, DHEC, Page 573, Paragraph 23, Line 23, by striking the paragraph in its entirety and inserting the language attached.
Renumber sections & amend totals/title to conform.
Debate was resumed on Amendment No. 151, which was proposed on Tuesday, March 8, by Rep. McABEE.
Rep. McABEE moved to table the amendment, which was agreed to.
The motion of Rep. GONZALES to reconsider the vote whereby Amendment No. 45 was adopted in Section 30, Part IB was taken up.
Rep. GONZALES moved to table the motion to reconsider, which was agreed to.
Section 30 as amended was adopted.
Debate was resumed on Section 41.
Reps. GAMBLE and LANFORD proposed the following Amendment No. 75 (Doc Name L:\council\legis\amend\GJK\20587SD.94), which was rejected, later reconsidered and adopted.
Amend the bill, as and if amended, Part IB, by adding an appropriately numbered paragraph to SECTION 41, which begins on page 583 to read:
/____. No state funds may be used by the Department of Corrections to maintain or operate weight rooms for recreational use by inmates incarcerated in department facilities, and no state funds may be used to purchase or maintain equipment or for personnel for such purposes beyond that which is currently in inventory./
Renumber sections & amend totals/title to conform.
Rep. LANFORD explained the amendment.
Rep. NEAL moved to table the amendment.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey, J. Barber Boan Breeland Byrd Cobb-Hunter Corning Delleney Farr Gonzales Harris, J. Harrison Hines Holt Inabinett Keyserling Koon McAbee McElveen McTeer Moody-Lawrence Neal Rhoad Richardson Riser Rudnick Scott Sharpe Sheheen Shissias Sturkie Waites Whipper White Wilder, J. Wilkes
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, G. Brown, G. Brown, H. Carnell Cato Chamblee Cooper Davenport Fair Felder Fulmer Gamble Govan Graham Hallman Harrell Harwell Haskins Houck Hutson Jennings Keegan Kelley Klauber Lanford Law Littlejohn Marchbanks McCraw McKay McLeod Meacham Phillips Quinn Robinson Rogers Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Townsend Trotter Tucker Vaughn Walker Wells Wilkins Witherspoon Wofford Worley Young, A.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. WHITE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Askins Brown, H. Cato Chamblee Clyborne Davenport Fair Felder Fulmer Gamble Graham Hallman Harrison Haskins Hutson Keegan Kelley Klauber Lanford Law Littlejohn Marchbanks McCraw McLeod Meacham Phillips Quinn Riser Robinson Rogers Simrill Smith, D. Smith, R. Stille Stoddard Stone Trotter Tucker Vaughn Walker Wells Wilkins Wofford Worley Young, A.
Those who voted in the negative are:
Alexander, M.O. Anderson Bailey, G. Bailey, J. Barber Beatty Boan Breeland Brown, G. Byrd Carnell Cobb-Hunter Corning Delleney Farr Gonzales Govan Harrelson Harris, J. Harvin Harwell Hines Hodges Holt Houck Inabinett Jennings Keyserling Kinon Koon Martin McAbee McElveen McKay McMahand McTeer Moody-Lawrence Neal Neilson Rhoad Richardson Rudnick Scott Sheheen Shissias Snow Spearman Sturkie Waites Whipper White Wilder, J. Wilkes
So, the amendment was rejected.
Reps. HARVIN, KENNEDY, SNOW, CANTY, McELVEEN, McLEOD, G. BROWN and NEAL proposed the following Amendment No. 89 (Doc Name L:\h-wm\legis\amend\DH.TCI), which was adopted.
Amend the bill, as and if amended, Part IB, Section 41, Corrections, Page 584, Paragraph 13, Line 17, by striking /Ridgeland/ and inserting /Turbeville/
Further amend, Page 584, Paragraph 14, Line 23, by striking /Turbeville/ and inserting /Ridgeland/
Renumber sections & amend totals/title to conform.
Rep. HARVIN explained the amendment.
Rep. BOAN spoke against the amendment.
Rep. WHITE spoke against the amendment.
Rep. ROGERS spoke against the amendment.
Rep. HARVIN spoke in favor of the amendment.
Rep. McTEER moved to table the amendment.
Rep. HARVIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barber Boan Breeland Brown, H. Clyborne Cobb-Hunter Govan Harrelson Harris, J. Inabinett Keyserling Kirsh Mattos McCraw McTeer Moody-Lawrence Quinn Rhoad Richardson Riser Rogers Rudnick Sheheen Stille Stone Stuart Whipper White Wilder, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Brown, G. Byrd Carnell Cato Chamblee Cooper Corning Davenport Delleney Fair Fulmer Gamble Gonzales Graham Hallman Harrison Harvin Harwell Hines Houck Hutson Jennings Keegan Kelley Kinon Klauber Koon Lanford Law Littlejohn Marchbanks Martin McElveen McKay McLeod McMahand Meacham Neal Neilson Phillips Robinson Scott Shissias Simrill Smith, D. Smith, R. Snow Spearman Thomas Trotter Tucker Vaughn Waites Walker Wells Wilder, D. Wilkes Witherspoon Wofford Worley Young, A. Young, R.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
I was unable to be present when the vote was taken on Amendment No. 89. Had I been present I would have voted no.
Rep. KENNETH KENNEDY
Rep. RICHARDSON moved to reconsider the vote whereby Amendment No. 75 was rejected and the motion was noted.
Reps. WHITE and McTEER proposed the following Amendment No. 313 (Doc Name L:\h-wm\legis\amend\DH.039), which was tabled.
Amend the bill, as and if amended, Part IB, Section 41, SCDC, Page 583, by adding an appropriately numbered paragraph to read /The Commissioner of the South Carolina Department of Corrections shall, from funds authorized in the Act, designate the use of funds for the Ridgeland or Turbeville Correctional Institution based on the first institution available for occupancy/
Renumber sections & amend totals/title to conform.
Rep. McTEER explained the amendment.
Rep. WHITE spoke in favor of the amendment.
Rep. HARVIN moved to table the amendment.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Boan Brown, G. Byrd Cato Chamblee Cooper Corning Davenport Delleney Fair Felder Fulmer Gamble Gonzales Graham Hallman Harrell Harrison Harvin Harwell Hines Hodges Houck Hutson Jennings Keegan Kelley Kinon Kirsh Klauber Lanford Law Littlejohn Marchbanks Martin Mattos McElveen McKay McLeod McMahand Meacham Moody-Lawrence Neal Phillips Robinson Scott Shissias Simrill Smith, D. Smith, R. Snow Stone Thomas Trotter Tucker Vaughn Walker Wells Wilder, D. Wilkes Wilkins Wofford Worley Young, R.
Those who voted in the negative are:
Barber Beatty Breeland Brown, H. Carnell Cobb-Hunter Govan Harrelson Harris, J. Holt Inabinett Keyserling McCraw McTeer Quinn Rhoad Richardson Riser Rogers Rudnick Sheheen Stille Stuart Waites Whipper White Wilder, J.
So, the amendment was tabled.
I was unable to be present when the vote was taken on Amendment No. 313. Had I been present I would have voted yes.
Rep. KENNETH KENNEDY
The motion of Rep. RICHARDSON to reconsider the vote whereby Amendment No. 75 was rejected was taken up.
Rep. BOAN moved to table the motion to reconsider.
Rep. GAMBLE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Barber Beatty Boan Breeland Brown, G. Brown, J. Byrd Cobb-Hunter Corning Delleney Harrelson Harris, J. Hines Hodges Holt Inabinett Jennings Keyserling Kinon Kirsh Martin McAbee McElveen McMahand McTeer Moody-Lawrence Neal Rhoad Rudnick Scott Sheheen Shissias Spearman Stille Waites Whipper White Wilder, J. Wilkes
Those who voted in the negative are:
Alexander, M.O. Allison Anderson Askins Brown, H. Carnell Cato Chamblee Clyborne Cooper Davenport Fair Felder Fulmer Gamble Gonzales Govan Graham Harrell Harrison Harwell Haskins Houck Hutson Keegan Kelley Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McKay McLeod Meacham Phillips Quinn Richardson Riser Robinson Rogers Simrill Smith, D. Smith, R. Snow Stone Stuart Thomas Townsend Trotter Tucker Vaughn Walker Wells Wilder, D. Wilkins Wofford Worley Young, A.
So, the House refused to table the motion to reconsider.
Rep. HARRELSON spoke against the motion to reconsider.
Reps. SIMRILL and LANFORD spoke in favor of the motion to reconsider.
The question then recurred to the motion to reconsider the vote.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Askins Brown, H. Carnell Cato Chamblee Clyborne Cooper Corning Davenport Fair Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrison Harvin Haskins Holt Houck Hutson Jennings Keegan Kelley Kinon Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McCraw McKay McLeod Meacham Phillips Quinn Richardson Riser Robinson Rogers Scott Simrill Smith, D. Smith, R. Stille Stone Stuart Townsend Trotter Vaughn Walker Wells Wilder, D. Wilkins Witherspoon Wofford Worley Young, A.
Those who voted in the negative are:
Anderson Bailey, J. Barber Breeland Brown, J. Byrd Cobb-Hunter Delleney Harrelson Harris, J. Hodges Inabinett Keyserling Martin McAbee McElveen McMahand McTeer Moody-Lawrence Neal Rudnick Sheheen Shissias Spearman Waites Whipper White Wilkes
So, the motion to reconsider was agreed to.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 41 as amended was adopted.
Rep. BOAN moved that the House do now adjourn, which was adopted.
Rep. BOAN moved to reconsider the vote whereby Part IA, Sections 31, 46, 68, 69A, 19, Part IB, Sections 3, 11, 17G, 18A, 18B, 18K, 18M, 18N, 19, 19A, 30 and 41 were adopted and the motion was noted.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.
On motion of Rep. THOMAS, the House stood in silent prayer in memory of Major Spencer Guerry of Georgetown County.
The Senate returned to the House with concurrence the following:
H. 4891 -- Reps. Rogers, Waites, Scott, Shissias, Quinn, Harrison, J. Brown, Neal, Byrd, Corning, Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rhoad, Richardson, Riser, Robinson, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING SYMPATHY FROM THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FRIENDS AND FAMILY OF C. HEYWARD BELSER OF COLUMBIA, FORMER CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, WHO DIED THURSDAY, MARCH 3, 1994.
H. 4894 -- Reps. Carnell and McAbee: A CONCURRENT RESOLUTION CONGRATULATING MARGARET HERRING JENNINGS ON HER ELECTION AS PRESIDENT OF THE AMERICAN SCHOOL COUNSELORS ASSOCIATION.
H. 4895 -- Reps. Wright, Sturkie, Gamble, Riser, Stuart and Koon: A CONCURRENT RESOLUTION COMMENDING STEVEN A. GANTT FOR HIS OUTSTANDING PUBLIC SERVICE AS EXECUTIVE DIRECTOR OF THE IRMO CHAPIN RECREATION COMMISSION.
At 8:00 P.M. the House in accordance with the motion of Rep. DAVENPORT adjourned in memory of Robert "Bob" H. Chapman, Jr., to meet at 9:30 A.M. tomorrow.
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