Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 1380, Mar. 8 | Printed Page 1400, Mar. 8 |

Printed Page 1390 . . . . . Wednesday, March 8, 1995

Renumber sections & amend totals/title to conform.

Rep. WRIGHT explained the amendment.

Rep. WELLS moved to table the amendment.

Rep. WHITE demanded the yeas and nays, which were taken resulting as follows:

Yeas 35; Nays 56

Those who voted in the affirmative are:

Bailey           Brown, H.        Cooper
Dantzler         Davenport        Easterday
Fair             Felder           Fleming
Fulmer           Hallman          Harrell
Herdklotz        Hodges           Kelley
Klauber          Littlejohn       Marchbanks
Mason            McTeer           Neilson
Quinn            Rice             Seithel
Sharpe           Smith, D.        Smith, R.
Trotter          Walker           Wells
Whatley          Wilkins          Wofford
Young, A.        Young, J.

Total--35

Those who voted in the negative are:

Anderson         Askins           Baxley
Breeland         Brown, G.        Brown, J.
Brown, T.        Cain             Cave
Chamblee         Clyburn          Cotty
Delleney         Gamble           Harris, J.
Harris, P.       Harrison         Harvin
Harwell          Hines            Hutson
Inabinett        Kennedy          Keyserling
Kinon            Kirsh            Knotts
Koon             Lanford          Law
Limbaugh         Lloyd            McCraw
McMahand         Meacham          Moody-Lawrence


Printed Page 1391 . . . . . Wednesday, March 8, 1995

Phillips         Rhoad            Riser
Sandifer         Sheheen          Shissias
Simrill          Spearman         Stuart
Townsend         Tripp            Tucker
Whipper, L.      Whipper, S.      White
Wilder           Wilkes           Witherspoon
Worley           Wright

Total--56

So, the House refused to table the amendment.

Rep. McTEER spoke upon the amendment.

Rep. McTEER moved to adjourn debate upon the amendment, which was adopted.

Reps. NEILSON and HINES proposed the following Amendment No. 241 (Doc Name L:\h- wm\legis\amend\CJ.153), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 426, line 10

amend further by adding an appropriately numbered paragraph to read /the State Department of Education, with resources appropriated in section 19, shall implement the public school employee cost savings program as authorized in Section 59-1-452 for the purpose of making cash awards to individual school district employees for cost savings ideas which are proven to be workable/.

Renumber sections & amend totals/title to conform.

Rep. NEILSON explained the amendment.

The amendment was then adopted.

Reps. HARRELL, WELLS, H. BROWN, FELDER, R. SMITH, WHITE and SCOTT proposed the following Amendment No. 141 (Doc Name L:\h-wm\legis\amend\CJ.041), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, Department of Education, Page 434, Line 21, by adding an appropriately numbered paragraph to read: /(SDE-EIA: XK-CHE/Teacher Recruitment) of the $540,903 Education Improvement Act funds appropriated under Section 19, X.K. the SC Commission on Higher Education shall distribute $400,000 to the SC Center for Teacher Recruitment. $140,903 shall be distributed to SC State University to be used only for the operation of a


Printed Page 1392 . . . . . Wednesday, March 8, 1995

minority teacher recruitment program and therefore shall not be used for the operation of their established general education program. The SC Commission on Higher Education shall ensure that all funds are used to promote teacher recruitment on a statewide basis, shall ensure the continued coordination of efforts among the teacher recruitment projects, shall review the use of funds and shall have prior program and budget approval. Annually, the Commission on Higher Education shall evaluate the effectiveness of each of the teacher recruitment projects and shall report its findings and its program and budget recommendations to the House and Senate Education Committees and the Education Improvement Act Select Committee by December 1.

Renumber sections & amend totals/title to conform.

Rep. HARRELL explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 251--ADOPTED

Debate was resumed on Amendment No. 251, by Rep. WRIGHT.

Rep. McTEER spoke against the amendment.

Rep. WRIGHT spoke in favor of the amendment.

Rep. ROGERS spoke in favor of the amendment.

Rep. HARRELL spoke against the amendment.

The question then recurred to the adoption of the amendment.

Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:

Yeas 58; Nays 54

Those who voted in the affirmative are:

Anderson         Baxley           Boan
Breeland         Brown, T.        Byrd
Cain             Canty            Cave
Clyburn          Cobb-Hunter      Cotty
Cromer           Delleney         Gamble
Govan            Harris, J.       Harrison
Harvin           Hines            Hodges
Howard           Hutson           Inabinett
Jennings         Kennedy          Keyserling
Kinon            Kirsh            Knotts
Koon             Lanford          Lloyd
Martin           McAbee           McCraw


Printed Page 1393 . . . . . Wednesday, March 8, 1995

McElveen         McMahand         Meacham
Neilson          Phillips         Rhoad
Riser            Rogers           Sandifer
Scott            Sheheen          Shissias
Simrill          Spearman         Stille
Stuart           Thomas           Townsend
Tucker           Whipper, S.      White
Wright

Total--58

Those who voted in the negative are:

Allison          Askins           Bailey
Brown, H.        Cato             Cooper
Dantzler         Davenport        Easterday
Fair             Felder           Fleming
Fulmer           Hallman          Harrell
Harris, P.       Harwell          Herdklotz
Huff             Jaskwhich        Keegan
Kelley           Klauber          Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            McTeer
Quinn            Rice             Richardson
Seithel          Sharpe           Smith, D.
Smith, R.        Stoddard         Tripp
Trotter          Vaughn           Waldrop
Walker           Wells            Whatley
Whipper, L.      Wilder           Wilkes
Wilkins          Witherspoon      Wofford
Worley           Young, A.        Young, J.

Total--54

So, the amendment was adopted.

RECORD FOR JOURNAL

S.C. Teacher Recruitment Center

Part 1B Section 19 Page 426 Line 10

I voted against adoption of this amendment due to the uncertainty of fund sourcing.


Printed Page 1394 . . . . . Wednesday, March 8, 1995

Additionally, I am told that 19 teachers could be terminated (providing funds for this amendment) which I consider poor fiscal management as a practice for revenue funding.

Rep. CLAUDE V. MARCHBANKS

Rep. LANFORD proposed the following Amendment No. 236 (Doc Name L:\h-wm\legis\amend\CJ.151), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, page 426, line 3, paragraph 67, by inserting /with a total population of 225,000 or more/ after the word county.

Amend further, page 426, line 4 by striking /surplus/

Amend further, page 426, line 5, by striking /on a per pupil basis/

Amend further, page 426, line 6, by striking a pro rata per pupil basis/ and inserting /the prevailing funding formula utilized during the 1993-94 school year for the distribution of minimum foundation funds/

Renumber sections & amend totals/title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

Reps. KENNEDY, COBB-HUNTER, FELDER, GOVAN, BEATTY, ASKINS, KEYSERLING, BREELAND, McMAHAND, PHILLIPS, McCRAW, S. WHIPPER, L. WHIPPER and ANDERSON proposed the following Amendment No. 147 (Doc Name L:\h-wm\legis\amend\CJ.98), which was tabled.
Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 425, line 41, by re-inserting proviso /66.SDE: African-American Loan Program/.

Renumber sections & amend totals/title to conform.

Rep. KENNEDY explained the amendment.

Rep. HARRELL moved to table the amendment.

Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:

Yeas 67; Nays 38

Those who voted in the affirmative are:

Allison          Brown, H.        Cain
Cato             Chamblee         Cooper
Cotty            Cromer           Dantzler


Printed Page 1395 . . . . . Wednesday, March 8, 1995

Davenport        Easterday        Fair
Fleming          Gamble           Hallman
Harrell          Harris, J.       Harris, P.
Harrison         Herdklotz        Huff
Hutson           Jaskwhich        Keegan
Kelley           Keyserling       Kirsh
Klauber          Knotts           Koon
Law              Limehouse        Littlejohn
Marchbanks       Martin           Mason
Meacham          Neilson          Quinn
Rhoad            Rice             Richardson
Riser            Robinson         Sandifer
Seithel          Sharpe           Simrill
Smith, R.        Spearman         Stoddard
Stuart           Thomas           Townsend
Tripp            Trotter          Vaughn
Waldrop          Walker           Wells
Whatley          Wilkins          Witherspoon
Wofford          Worley           Young, A.
Young, J.

Total--67

Those who voted in the negative are:

Anderson         Bailey           Baxley
Boan             Breeland         Brown, T.
Byrd             Canty            Carnell
Cave             Clyburn          Cobb-Hunter
Delleney         Govan            Harvin
Harwell          Hines            Hodges
Howard           Inabinett        Kennedy
Kinon            Lloyd            McAbee
McCraw           McMahand         McTeer
Moody-Lawrence   Phillips         Rogers
Scott            Sheheen          Stille
Whipper, L.      Whipper, S.      White
Wilder           Wilkes

Total--38

So, the amendment was tabled.


Printed Page 1396 . . . . . Wednesday, March 8, 1995

Section 19 as amended was adopted.

SECTION 19A--AMENDED AND ADOPTED

Debate was resumed on Section 19A.

Reps. WILKES, QUINN, WRIGHT and COTTY proposed the following Amendment No. 47 (Doc Name L:\council\legis\amend\BBM\9977JM.95), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19A-EIA, Department of Education, EIA, page 428, by striking lines 40 through 43 and inserting:

/23. (SDE-EIA: XB-Academic Assistance/Remedial Writing Teachers) Of funds appropriated for Education Improvement Act Programs, Academic Assistance, $312,000 must be provided to the Writing Improvement Network of the University of South Carolina to support staff development for teachers of remedial writing. The South Carolina Educational Policy Center must report to the EIA Select Committee on the activities and effectiveness of the program no later than April 15 of the current fiscal year./

Renumber sections & amend totals/title to conform.

Rep. WILKES explained the amendment.

The amendment was then adopted.

Rep. WELLS proposed the following Amendment No. 198 (Doc Name L:\h- wm\legis\amend\CJ.100), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A, Department of Education, Page 431, line 6, item 38, by adding at the end of the paragraph /Of the funds appropriated in the prior fiscal year, unexpended funds may be carried forward to the current fiscal year and expended for the same purposes/.

Renumber sections & amend totals/title to conform.

Rep. WELLS explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 49 (Doc Name L:\h- wm\legis\amend\CJ.022), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A, Department of Education, Paragraph 58, Page 433, Line 39, by striking /may/ and inserting /must/


Printed Page 1397 . . . . . Wednesday, March 8, 1995

Amend further, Page 433, Line 40, by striking /may/ and inserting /must/

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. HARRELL explained the section.

MOTION NOTED

Rep. McABEE moved to reconsider the vote whereby Amendment No. 251 to Section 19 was adopted and the motion was noted.

Rep. HARRELL continued speaking.

Section 19 as amended was adopted.

SECTION 26--ADOPTED

Debate was resumed on Section 26.

Rep. HARRELL explained the section.

Section 26 was adopted.

SECTION 30--AMENDED AND ADOPTED

Debate was resumed on Section 30.

AMENDMENT NO. 72--TABLED

Debate was resumed on Amendment No. 72, which was proposed on Monday, March 6, by Rep. COOPER.

Rep. COOPER moved to table the amendment, which was agreed to.

Rep. SHARPE proposed the following Amendment No. 131 (Doc Name L:\h- wm\legis\amend\FFJ.009), which was adopted.
Amend the bill, as and if amended, Part IB, Section 30, Department of Health and Environmental Control, Page 449, Lines 27 through 30, beginning with /Any community.../ and ending with /commercial labs./ by deleting these lines in their entirety.

Renumber sections & amend totals/title to conform.

Rep. KOON moved to table the amendment, which was not agreed to
by a division vote of 35 to 51.

Rep. KOON spoke against the amendment.

Rep. ROBINSON spoke against the amendment.


Printed Page 1398 . . . . . Wednesday, March 8, 1995

The amendment was then adopted by a division vote of 46 to 35.

Rep. KOON proposed the following Amendment No. 246 (Doc Name L:\h- wm\legis\amend\VC.039).
Amend the bill, as and if amended, Part IB, Section 30, DHEC, Page 449, Line 34, Item 24, by striking the proviso in its entirety.

Renumber sections & amend totals/title to conform.

Rep. KOON explained the amendment and moved to adjourn debate upon the amendment, which was adopted.

Reps. KOON, VAUGHN and ROBINSON proposed the following Amendment No. 243 (Doc Name L:\h-wm\legis\amend\DC.051), which was adopted.

Amend the bill, as and if amended, Part IB, Section 30, DHEC, Paragraph 43, Page 453, Line 8, by deleting the proviso in its entirety.

Renumber sections & amend totals/title to conform.

Rep. KOON explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 246--TABLED

Debate was resumed on Amendment No. 246, by Rep. KOON.

Rep. KOON moved to table the amendment, which was agreed to.

AMENDMENT NO. 131--MOTION

TO RECONSIDER REJECTED

Rep. LITTLEJOHN moved to reconsider the vote whereby Amendment No. 131 was adopted, which was rejected.

Section 30 as amended was adopted.

SECTION 49--ADOPTED

Debate was resumed on Section 49.

Section 49 was adopted.

SECTION 54--AMENDED AND ADOPTED

Debate was resumed on Section 54.


Printed Page 1399 . . . . . Wednesday, March 8, 1995

Reps. JENNINGS, BAXLEY, HARWELL, J. HARRIS and LANFORD proposed the following Amendment No. 154 (Doc Name L:\council\legis\amend\GJK\21537HTC.95), which was tabled.
Amend the bill, as and if amended, Part IB, SECTION 54, Public Service Commission, Page 468, paragraph 9, by striking lines 19, 20, and 21 and inserting:

/the trucking industry at the Public Service Commission must be afforded, if qualified, first preference for all vacant positions that are offered to be filled, as of July 1, 1995, to July 1, 1996, by the Department of Transportation, Department of Public Safety, the Highway Patrol, SLED, and Department of Natural Resources./

Renumber sections & amend totals/title to conform.

Rep. JENNINGS moved to table the amendment, which was agreed to.

Rep. JENNINGS proposed the following Amendment No. 242 (Doc Name L:\h- wm\legis\amend\DM.150), which was adopted.

Amend the bill, as and if amended, Part IB, Section 54, Public Service Commission, page 468, paragraph 9, by striking lines 19, 20, and 21 and inserting:

/the trucking industry at the Public Service Commission must be afforded, if qualified, first preference for all vacant positions that are offered to be filled, as of July 1, 1995, to July 1, 1996, by the department of transportation, department of public safety, the highway patrol, sled, and department of natural resources. No hiring freeze adopted in this act shall apply to this section/

Renumber sections & amend totals/title to conform.

Rep. KEEGAN explained the amendment.

The amendment was then adopted.

Section 54 as amended was adopted.

SECTION 56--ADOPTED

Debate was resumed on Section 56.

Section 56 was adopted.

SECTION 59--ADOPTED

Debate was resumed on Section 59.

Section 59 was adopted.


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