Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O Lord our God, as we come into Your presence we are haunted by duties unperformed, promptings disobeyed, and beckonings ignored. We need Your help for the problems about us: the problem of selfishness which is called self-interest; the problem of greed which is often called profit; the problem of license disguising itself as liberty; the problem of materialism, the hook that is baited with security. Help us to see our problems in the right perspective, and by Your help to overcome them.
Thank You, Lord, for this privilege of prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

Rep. ALTMAN moved that when the House adjourns, it adjourn in memory of Fern P. Seithel, grandmother of Representative LYNN SEITHEL, which was agreed to.

The following were received and referred to the appropriate committee for consideration.

Document No. 2254
Promulgated By Clemson University - State Crop Pest Commission
Statutory Authority: 1976 Code Section 46-10-30
Boll Weevil Eradication
Received By Speaker January 21,1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 21,1998

Document No. 2255
Promulgated By Clemson University - State Crop Pest Commission
Statutory Authority: 1976 Code Section 46-13-30
Microencapsulated Insecticides
Received By Speaker January 21,1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 21,1998

The following was introduced:

H. 4470 (Word version) -- Reps. Knotts, Seithel, Stuart, Gamble, Koon, Riser, Bauer, Limehouse, Whatley, Altman, Spearman and Fleming: A HOUSE RESOLUTION MEMORIALIZING THE FEDERAL JUDICIARY TO ISSUE TIMELY ORDERS IN DEATH PENALTY CASES SO AS TO ENSURE IN THE FUTURE THAT THE DELAYS ASSOCIATED WITH THE HANDLING OF THE GILBERT AND GLEATON DEATH PENALTY CASES DO NOT REOCCUR.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4471 (Word version) -- Reps. Bauer, Knotts, Koon and Quinn: A CONCURRENT RESOLUTION TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IS REQUESTED TO IMMEDIATELY UNDERTAKE SUCH ACTION AS MAY BE NECESSARY OR REQUIRED UNDER THE FEDERAL LAW TO HAVE LAKE MURRAY DECLARED A NO DISCHARGE LAKE WITH REGARD TO MARINE TOILETS ON BOATS, AND THAT THE DEPARTMENT PURSUE SUCH ACTION UNTIL LAKE MURRAY IS DECLARED A NO DISCHARGE LAKE WITH REGARD TO MARINE TOILETS ON BOATS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4472 (Word version) -- Reps. Sharpe, J. Smith, Lloyd, Battle, Webb, Riser, Rhoad, Davenport, Inabinett, Witherspoon, T. Brown, Miller, Edge and Bauer: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA'S FFA MEMBERS, THEIR FFA ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF NATURAL, ENVIRONMENTAL, AND AGRICULTURAL RESOURCES EDUCATION ON THE OCCASION OF THE OBSERVANCE AND CELEBRATION OF NATIONAL FFA WEEK, FEBRUARY 21 - 28, 1998.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4473 (Word version) -- Reps. Govan, Breeland, J. Brown, T. Brown, Byrd, Canty, Cave, Clyburn, Cobb-Hunter, Gourdine, J. Hines, M. Hines, Howard, Inabinett, Kennedy, Lee, Lloyd, McMahand, Mack, Moody-Lawrence, Neal, Pinckney, Scott, F. Smith and Whipper: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA FOR THE DISTINGUISHED SERVICE OF THE BUFFALO SOLDIERS AND TO DECLARE FRIDAY, FEBRUARY 20, 1998, AS "BUFFALO SOLDIER DAY" IN HONOR OF THE SIGNIFICANCE AND CONTRIBUTIONS OF THESE BRAVE HEROES TO THEIR COUNTRY AND TO THE STATE OF SOUTH CAROLINA DURING BLACK HISTORY MONTH.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4474 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF JACK REMBERT KELLEY OF LEE COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4475 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF HENRY E. WELCH, JR., OF LEE COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4476 (Word version) -- Rep. Bauer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-23-285 AND 16-23-290 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO BUY, SELL, TRANSPORT, PAWN, RECEIVE, OR POSSESS CERTAIN WEAPONS AND PROVIDE A PENALTY.
Referred to Committee on Judiciary.

H. 4477 (Word version) -- Reps. Bauer, Knotts, Cotty, Harvin, Koon, Simrill and Jordan: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE ITEMS SUBJECT TO THE THREE HUNDRED DOLLAR MAXIMUM SALES AND USE TAX, SO AS TO EXTEND THE MAXIMUM TAX LIMIT TO SELF-PROPELLED GRASS-CUTTING EQUIPMENT AND TO DELETE OBSOLETE PROVISIONS.
Referred to Committee on Ways and Means.

H. 4478 (Word version) -- Reps. Fleming and Hawkins: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS OF PROPERTY FROM BANKRUPTCY PROCEEDINGS, SO AS TO INCREASE THE EXEMPTION AMOUNTS ON RESIDENCES TO TEN THOUSAND DOLLARS FOR AN UNMARRIED DEBTOR AND TWENTY THOUSAND DOLLARS FOR A MARRIED DEBTOR AND ON MOTOR VEHICLES TO FIVE THOUSAND DOLLARS.
Referred to Committee on Judiciary.

H. 4479 (Word version) -- Reps. Bauer, Knotts, Young-Brickell, Moody-Lawrence, Limehouse, Kennedy, Simrill, Whatley, Clyburn, Chellis, Meacham, Keegan, Lloyd, Inabinett, Tripp, Gourdine, Scott, Bailey, Law, Loftis, Leach, Byrd, Barfield, Stille, J. Hines, Stoddard, Phillips, Kirsh, Davenport, McCraw, Cato, Riser, McMaster and Jordan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAXATION AND ASSESSMENT RATIOS FOR PROPERTY, SO AS TO PROVIDE A TAX CUT FOR PERSONAL VEHICLES, LOWERING THE TAXES BY TWENTY-FIVE DOLLARS FOR TAX YEAR 1999, INCREASING THE TAX CUT TO SEVENTY-FIVE DOLLARS FOR TAX YEAR 2000, AND LOWERING THE TAX AN ADDITIONAL FIFTY DOLLARS IN EACH LATER TAX YEAR, TO PROVIDE THAT THE STATE REPLACE AFFECTED LOCAL REVENUE, TO ALLOW THE GENERAL ASSEMBLY TO DELAY FOR ONE YEAR ALL OR PART OF THE NEXT YEAR'S INCREASE IN THE TAX CUT AMOUNT IF A FURTHER TAX CUT WOULD RESULT IN TOTAL REMAINING REVENUES FROM ALL SOURCES GROWING LESS THAN ONE HUNDRED MILLION DOLLARS, TO PROVIDE FOR LOCAL VOTER APPROVAL FOR A NEW TAX OR AN INCREASED TAX OR MILL LEVY, AND TO REQUIRE THAT THE TAX CUTS BE REFLECTED IN LOCAL GOVERNMENT DOCUMENTATION OF PROPERTY TAXATION.
Referred to Committee on Ways and Means.

H. 4480 (Word version) -- Reps. McMaster, Campsen, J. Smith, Lloyd, Seithel, Quinn, Cotty, Rodgers, Battle, Young, G. Brown, Bauer, Martin, Stuart, Barfield, R. Smith, McKay, Vaughn, Knotts, Littlejohn, Leach, Stille, Riser, Harrison, Hawkins, Stoddard, Jordan, A. Harris, Byrd and Whatley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-45 SO AS TO PROVIDE THAT AN EMPLOYER BEFORE HIRING CERTAIN NEW EMPLOYEES TO WORK UNDER SPECIFIED JOB CONDITIONS, MAY FIRST REQUIRE THE PROSPECTIVE EMPLOYEE TO FURNISH THE EMPLOYER WITH A COPY OF HIS SLED OR FBI CRIMINAL RECORDS HISTORY AT THE EMPLOYEE'S EXPENSE.
Referred to Committee on Labor, Commerce and Industry.

H. 4481 (Word version) -- Reps. J. Brown, F. Smith, Neilson, Clyburn, Moody-Lawrence, Byrd and J. Hines: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-262 SO AS TO REQUIRE A NURSING HOME, AS A CONDITION OF LICENSURE, TO ESTABLISH MINIMUM PATIENT-STAFF RATIOS FOR STAFF PROVIDING NURSING CARE, EXCLUDING REGISTERED NURSES AND LICENSED PRACTICAL NURSES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4482 (Word version) -- Rep. Cromer: A BILL TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-171 SO AS TO PROVIDE FOR THE PLACEMENT OF CERTAIN SYMBOLS ON THE GROUNDS OF THE CAPITOL COMPLEX AND WITHIN THE STATE HOUSE, TO DESCRIBE THE CONFEDERATE BATTLE FLAG AND THE FIRST NATIONAL FLAG OF THE CONFEDERACY, AND TO PROVIDE FOR THEIR SUITABLE LOCATION OR RELOCATION ON THE GROUNDS OF THE CAPITOL COMPLEX; AND BY ADDING SECTION 10-1-172 SO AS TO PROVIDE THAT NO MONUMENT, MARKER, FLAG, OR MEMORIAL LOCATED ON PUBLIC PROPERTY OF THIS STATE OR ANY OF ITS POLITICAL SUBDIVISIONS OR LOCATED ON ANY PUBLIC STREET, HIGHWAY, OR PARK HONORING THE MEMORY OF THE CONFEDERACY, INDIVIDUALS WHO SERVED IN THE CONFEDERATE ARMED FORCES, OR THE WOMEN OF THE CONFEDERACY, OR HONORING THE CIVIL RIGHTS STRUGGLE OR INDIVIDUALS WHO PARTICIPATED IN THIS STRUGGLE, MAY BE REMOVED OR RENAMED WITHOUT A TWO-THIRDS VOTE OF EACH HOUSE OF THE GENERAL ASSEMBLY OR WITHOUT A TWO-THIRDS VOTE OF THE LOCAL ENTITY OR BODY HAVING JURISDICTION OVER THE MONUMENT, MARKER, FLAG, OR MEMORIAL.
Referred to Committee on Judiciary.

H. 4483 (Word version) -- Reps. Knotts, Koon, Quinn, R. Smith, G. Brown, Vaughn, Littlejohn and Keegan: A BILL TO AMEND 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL PENSION PAID TO THE SPOUSE OR CERTAIN OTHER SURVIVORS OF A MEMBER OF THE POLICE OFFICERS RETIREMENT SYSTEM WHO DIES IN SERVICE FROM VIOLENCE OR HAZARD PECULIAR TO THE MEMBER'S EMPLOYMENT WHILE IN THE ACTUAL PERFORMANCE OF OFFICIAL DUTIES, SO AS TO PROVIDE THAT THE WILFUL NEGLIGENCE WHICH RESULTS IN THE DENIAL OF THE BENEFIT EXTENDS TO THOSE INSTANCES IN WHICH THE MEMBER FAILED TO WEAR A PROTECTIVE VEST ISSUED BY HIS EMPLOYER IN CONTRAVENTION OF THE EMPLOYER'S POLICY ON WEARING SUCH VESTS, AND THIS FAILURE CONTRIBUTED TO THE DEATH OF THE MEMBER.
Referred to Committee on Ways and Means.

H. 4484 (Word version) -- Reps. Meacham, G. Brown, J. Hines, Seithel, M. Hines, Neilson, Quinn, Haskins, Knotts, H. Brown, Allison, Sandifer, Cave, R. Smith, Lloyd, Woodrum, Simrill, Howard, Hinson, Maddox, Law, Young-Brickell, Lee, Trotter, Cotty, Rice, Barrett, Loftis, Cooper, Robinson, McLeod, Jordan, Riser, Harrison, McMaster, Gamble, Phillips, Young, Sheheen, Koon, Battle, Kirsh, McCraw, Rhoad, Hamilton, Mack, Moody-Lawrence, J. Smith, A. Harris, Barfield, Leach, Vaughn, Martin and Govan: A BILL TO AMEND SECTION 59-29-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL EDUCATION COURSES IN PUBLIC SCHOOLS, SO AS TO PROVIDE THAT PARTICIPATION IN THE MARCHING BAND MAY BE DEEMED EQUIVALENT TO THE REQUIRED PHYSICAL EDUCATION INSTRUCTION.
Referred to Committee on Education and Public Works.

H. 4485 (Word version) -- Reps. Lanford, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Breeland, G. Brown, J. Brown, T. Brown, Byrd, Carnell, Cave, Chellis, Clyburn, Cobb-Hunter, Cromer, Dantzler, Davenport, Delleney, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Mullen, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Wilder, Wilkes, Witherspoon, Woodrum, Young, Cooper, Campsen and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-885 SO AS TO PROVIDE THAT INFORMATION ON BENCH WARRANTS ISSUED BY FAMILY COURT JUDGES PURSUANT TO SECTIONS 20-7-870 AND 20-7-880 WHICH AFTER A PERIOD OF TEN DAYS HAVE NOT BEEN SERVED ON THE RESPONDENT BY THE SHERIFF OR OTHER PROCESS SERVER BECAUSE OF THAT PERSON'S RESIDENCE IN ANOTHER COUNTY MUST BE SENT BY THE SHERIFF OR PROCESS SERVER TO THE NATIONAL CRIME INFORMATION CENTER (NCIC) FOR PLACEMENT IN THE SYSTEM'S DATA BASE.
Referred to Committee on Judiciary.

H. 4486 (Word version) -- Reps. Jennings, Inabinett, Kirsh, Meacham, H. Brown, Spearman, Moody-Lawrence, Neilson, J. Hines, Cobb-Hunter, Seithel, Bailey, Battle, D. Smith, Tripp, Harrison, Rodgers, Leach, Scott, Gamble, Govan, McCraw, Riser, Stille, Stuart, Young-Brickell, Vaughn, Keegan, Neal, Kelley, Loftis, Witherspoon, Cato, A. Harris, Wilder, Stoddard, McMaster, Jordan, Martin and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-140 SO AS TO PROVIDE THAT A VALID PROTECTION ORDER RELATED TO DOMESTIC OR FAMILY VIOLENCE ISSUED IN ANOTHER STATE IS VALID IN THIS STATE AND MUST BE ENFORCED AS IF IT WERE ISSUED IN THIS STATE; TO PROVIDE THE PREREQUISITES TO AND PROCEDURES FOR ENFORCING SUCH ORDER; TO PROVIDE CIVIL AND CRIMINAL IMMUNITY; AND TO AMEND SECTION 16-25-50 RELATING TO PENALTIES FOR VIOLATION OF AN ORDER OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO ALSO APPLY THE PENALTIES TO VIOLATIONS OF ORDERS ISSUED IN ANOTHER STATE.
Referred to Committee on Judiciary.

H. 4489 (Word version) -- Rep. Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-190 SO AS TO PROHIBIT HUNTING OF MOURNING DOVES IN THIS STATE ON SUNDAY, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATION OF THE PROHIBITION OF HUNTING MOURNING DOVES ON SUNDAY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4490 (Word version) -- Reps. T. Brown and Miller: A JOINT RESOLUTION PROVIDING FOR A NONBINDING REFERENDUM IN GEORGETOWN COUNTY HELD AT THE TIME OF THE 1998 GENERAL ELECTION TO ASCERTAIN THE VIEWS OF THE QUALIFIED ELECTORS OF THE COUNTY AS TO WHETHER THE STATE CONSTITUTION SHOULD BE AMENDED TO ALLOW A STATE OR LOCAL GOVERNMENT RUN LOTTERY, OR BOTH, WITH THE LOTTERY PROCEEDS USED TO SUPPORT PUBLIC EDUCATION AND BUILD INFRASTRUCTURE IMPROVEMENTS.
Referred to Committee on Ways and Means.

H. 4491 (Word version) -- Rep. McLeod: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, AND SECTION 12-6-1170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT INCOME DEDUCTION ELECTION AND THE TAXABLE INCOME EXCLUSION ALLOWED PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ELIMINATE THE ELECTION AND ALLOW AN ANNUAL DEDUCTION OF UP TO THREE THOUSAND DOLLARS OF RETIREMENT INCOME AND UP TO TEN THOUSAND DOLLARS BEGINNING IN THE TAXABLE YEAR THE TAXPAYER ATTAINS AGE SIXTY-FIVE, AND TO ALLOW AN ANNUAL DEDUCTION OF TWENTY-THREE THOUSAND DOLLARS OF SOUTH CAROLINA TAXABLE INCOME BEGINNING IN THE TAXABLE YEAR THE TAXPAYER ATTAINS THE AGE OF SIXTY-FIVE YEARS REDUCED BY THE RETIREMENT INCOME DEDUCTION, TO PROVIDE FOR CLAIMING THIS DEDUCTION ON JOINT RETURNS, AND TO DELETE PROVISIONS RELATING TO THE POSTPONEMENT OF THE MAXIMUM DEDUCTION UNDER THE PRIOR LAW.
Referred to Committee on Ways and Means.

H. 4492 (Word version) -- Reps. T. Brown, Kennedy and Harvin: A JOINT RESOLUTION PROVIDING FOR A NONBINDING REFERENDUM IN WILLIAMSBURG COUNTY HELD AT THE TIME OF THE 1998 GENERAL ELECTION TO ASCERTAIN THE VIEWS OF THE QUALIFIED ELECTORS OF THE COUNTY AS TO WHETHER THE STATE CONSTITUTION SHOULD BE AMENDED TO ALLOW A STATE OR LOCAL GOVERNMENT RUN LOTTERY, OR BOTH, WITH THE LOTTERY PROCEEDS USED TO SUPPORT PUBLIC EDUCATION AND BUILD INFRASTRUCTURE IMPROVEMENTS.
Referred to Committee on Ways and Means.

S. 873 (Word version) -- Senator Drummond: A BILL TO PROVIDE THAT THE GREENWOOD COUNTY ELECTION COMMISSION SHALL BE RESPONSIBLE FOR CONDUCTING AND CERTIFYING THE RESULTS OF ELECTIONS FOR SCHOOL TRUSTEES FOR SCHOOL DISTRICT 51 COMPOSED OF AREAS IN ABBEVILLE, GREENWOOD, AND LAURENS COUNTIES, AND NINETY-SIX SCHOOL DISTRICT 52 IN GREENWOOD COUNTY, EXCEPT THAT IN SCHOOL DISTRICT 51 THESE FUNCTIONS SHALL BE PERFORMED WITH THE ELECTION COMMISSIONS OF THE OTHER COUNTIES IN THIS SCHOOL DISTRICT.
Referred to Greenwood Delegation.

The following was introduced:

H. 4487 (Word version) -- Rep. Rhoad: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ADOPT HOUSE RESOLUTION 1711, THE SMALL BUSINESS REMEDIATION ACT SPONSORED BY REPRESENTATIVE JOE BARTON OF TEXAS, THAT SEEKS TO ESTABLISH REASONABLE CLEAN-UP STANDARDS FOR POSSIBLE CONTAMINATION ASSOCIATED WITH DRY-CLEANING SITES.
The Concurrent Resolution was ordered referred to Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4488 (Word version) -- Reps. Wilkins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO COMMEND BRITTON CLARKE, AN ASSISTANT TO THE SPEAKER, FOR HER OUTSTANDING SERVICE TO THE HOUSE OF REPRESENTATIVES AS SHE LEAVES THIS POSITION ON THURSDAY, JANUARY 22, 1998.
Whereas, the members of the House have learned with deep and sincere regret that Britton Clarke, an assistant to the Speaker of the House, David H. Wilkins, will be leaving this position on Thursday, January 22, 1998; and
Whereas, Britton Clarke is one of the most delightful and personable members of the House staff who never fails to treat every person with whom she comes into contact with the utmost courtesy and friendliness whatever the circumstances; and
Whereas, she is from Columbia, is a graduate of the University of South Carolina, and she joined the staff of Speaker Wilkins on May 2, 1997; and
Whereas, her professionalism, hard work, and dedication to her job and to the General Assembly has brought great credit not only upon her, but upon the House and its membership as well; and
Whereas, the members of the House of Representatives, by this resolution, would like to publicly recognize and thank her for her truly distinguished service as an assistant to the Speaker as her work with the House comes to a close. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives hereby commend Britton Clarke, an assistant to the Speaker, for her outstanding service to the House of Representatives as she leaves this position on Thursday, January 22, 1998.
Be it further resolved that a copy of this resolution be presented to Britton Clarke.

The Resolution was adopted.

The following was introduced:

H. 4493 (Word version) -- Reps. Bauer, Young and Knotts: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR THE DISTINGUISHED AND ABLE SERVICE OF MR. RICK DANIEL OF IRMO, AS PRESIDENT OF THE GUN OWNERS OF SOUTH CAROLINA (GO-SC), AS HE COMPLETES HIS SIXTH TERM.
The Resolution was adopted.

The roll call of the House of Representatives was taken resulting as follows.

Allison                   Altman                    Barfield
Barrett                   Battle                    Bauer
Baxley                    Beck                      Boan
Bowers                    Breeland                  Brown, G.
Brown, H.                 Brown, J.                 Brown, T.
Campsen                   Carnell                   Cato
Cave                      Chellis                   Clyburn
Cooper                    Cromer                    Dantzler
Davenport                 Delleney                  Easterday
Edge                      Fleming                   Gamble
Gourdine                  Govan                     Hamilton
Harrison                  Haskins                   Hawkins
Hines, J.                 Hines, M.                 Hinson
Inabinett                 Jordan                    Keegan
Kelley                    Kinon                     Kirsh
Knotts                    Law                       Leach
Lee                       Limehouse                 Littlejohn
Lloyd                     Loftis                    Mack
Maddox                    Mason                     McAbee
McCraw                    McGee                     McKay
McLeod                    McMahand                  McMaster
Meacham                   Miller                    Moody-Lawrence
Mullen                    Neilson                   Phillips
Pinckney                  Rhoad                     Rice
Riser                     Robinson                  Rodgers
Sandifer                  Scott                     Sharpe
Sheheen                   Simrill                   Smith, D.
Smith, F.                 Smith, J.                 Smith, R.
Spearman                  Stille                    Stoddard
Stuart                    Townsend                  Tripp
Trotter                   Vaughn                    Webb
Whatley                   Wilder                    Wilkes
Wilkins                   Witherspoon               Woodrum
Young                     Young-Brickell

I came in after the roll call and was present for the Session on Thursday, January 22.

George H. Bailey                   Robert E. Walker
Kenneth Kennedy                    C. Anthony Harris, Jr.
C. Alex Harvin III                 Leon Howard
Bill Cotty                         Gilda Cobb-Hunter
Harry R. Askins                    Larry L. Koon
John G. Felder                     Becky Rogers Martin
Steve P. Lanford                   Alma W. Byrd
Richard M. Quinn, Jr.              Lynn Seithel
Joseph H. Neal                     Robert W. Harrell, Jr.
Douglas Jennings, Jr.

The SPEAKER granted Rep. KLAUBER a leave of absence for the day.

Announcement was made that Dr. Carol S. Nichols of Spartanburg is the Doctor of the Day for the General Assembly.

In accordance with House Rule 5.2 below: "5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

BILL NUMBER: H. 4420 (Word version)
DATE             ADD:
January 21, 1998     Michael E. Easterday

BILL NUMBER: H. 4421 (Word version)
DATE             ADD:
January 21, 1998     Michael E. Easterday

BILL NUMBER: H. 4115 (Word version)
DATE             ADD:
January 22, 1998     J.M. Knotts, Jr.

The following Bills were taken up, read the second time, and ordered to a third reading:

S. 832 (Word version) -- Senators Holland and Giese: A BILL TO ABOLISH THE KERSHAW COUNTY BOARD OF VOTER REGISTRATION AND KERSHAW COUNTY ELECTION COMMISSION, AND TO CREATE THE KERSHAW COUNTY BOARD OF ELECTIONS AND REGISTRATION.

S. 861 (Word version) -- Senator Drummond: A BILL TO AMEND ACT NO. 1147 OF 1968, AS LAST AMENDED BY ACT NO. 269 OF 1973, RELATING TO THE GREENWOOD COUNTY VOCATIONAL FACILITY, SO AS TO RENAME THE FACILITY THE GREENWOOD COUNTY CAREER CENTER.

S. 925 (Word version) -- Senators Cork and Washington: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

H. 4466 (Word version) -- Reps. Sheheen and H. Brown: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that S. 832 (Word version) be read the third time tomorrow.

On motion of Rep. CARNELL, with unanimous consent, it was ordered that S. 861 (Word version) be read the third time tomorrow.

On motion of Rep. RODGERS, with unanimous consent, it was ordered that S. 925 (Word version) be read the third time tomorrow.

On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 4466 (Word version) be read the third time tomorrow.

Debate was resumed on the following Bill, the pending question being the consideration of amendments, cloture having been ordered.

H. 4399 (Word version) -- Reps. Wilkins, Townsend, Harrell, Haskins, Allison, J. Hines, Hinson, D. Smith, R. Smith, Stuart, Walker, Limehouse, Maddox, Spearman, Kennedy, Vaughn, G. Brown, Battle, Whatley, Barfield, Barrett, Young-Brickell, Bailey, Meacham, Neilson, Rice, Bauer, McCraw, Martin, Chellis, Rodgers, Delleney, Littlejohn, Stille, Stoddard, Cato, J. Brown, Law, Cotty, Witherspoon, Kinon, Knotts, Rhoad, Riser, Mason, Dantzler, Edge, McKay, Sandifer, Davenport, McGee, Gamble, McMaster, Felder, Byrd, Lanford, Miller, Phillips, Koon, McMahand, Kirsh, Quinn, Wilkes, Cromer, Cooper, Wilder, Harvin, Harrison, H. Brown, Sharpe, Woodrum, Beck and T. Brown: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 8 SO AS TO ENACT THE "SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY STANDARDS FOR SCHOOLS (PASS) ACT" INCLUDING PROVISIONS TO ESTABLISH A PASS COMMISSION AND PROVIDE FOR ITS FUNCTIONS AND DUTIES, TO REQUIRE THE ADOPTION OF CERTAIN STATE EDUCATION STANDARDS BY THE STATE BOARD OF EDUCATION, AND CREATE AN ASSESSMENT SYSTEM TO MONITOR THE ATTAINMENT OF THESE STANDARDS, TO PROVIDE FOR ANNUAL REPORT CARDS, PERFORMANCE INDICATORS AND AWARDS FOR SCHOOLS, TO PROVIDE ASSISTANCE FOR POORLY PERFORMING SCHOOLS, AND TO PROVIDE A STATE-FUNDED PROGRAM OF INCENTIVES FOR PRINCIPALS AND TEACHERS AND FOR THEIR PROFESSIONAL DEVELOPMENT; AND TO REPEAL CHAPTER 6 OF TITLE 59 RELATING TO MONITORING IMPLEMENTATION OF THE EDUCATION IMPROVEMENT PROGRAM.

Reps. LOFTIS and HASKINS proposed the following Amendment No. 34 (Doc Name P:\AMEND\DKA\4745MM.98), which was tabled. Amend the bill, as and if amended, Section 59-8-520(A), Article 5, SECTION 1, page 7, line 41, by deleting /a/ and inserting /an objective and reliable /; page 7, line 42, after /eight/ by inserting / objective and reliable/; and page 8, line 2, after /an/, by inserting / objective and reliable/. Amend title to conform.

Rep. LOFTIS explained the amendment. Rep. HARRELL moved to table the amendment.

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

Those who voted in the affirmative are:

Allison                   Askins                    Barfield
Barrett                   Bauer                     Boan
Bowers                    Brown, H.                 Brown, J.
Byrd                      Campsen                   Carnell
Chellis                   Clyburn                   Cromer
Dantzler                  Edge                      Fleming
Gourdine                  Harrell                   Harrison
Harvin                    Hawkins                   Hines, J.
Hinson                    Keegan                    Kelley
Kennedy                   Kinon                     Kirsh
Knotts                    Koon                      Law
Limehouse                 Littlejohn                Maddox
Martin                    McAbee                    McCraw
McGee                     McKay                     McMaster
Meacham                   Mullen                    Neilson
Rhoad                     Riser                     Rodgers
Sandifer                  Seithel                   Simrill
Smith, D.                 Smith, F.                 Smith, R.
Spearman                  Stille                    Stuart
Townsend                  Trotter                   Walker
Webb                      Whatley                   Wilkins
Witherspoon               Woodrum                   Young
Young-Brickell

Those who voted in the negative are:

Altman                    Battle                    Baxley
Beck                      Breeland                  Brown, G.
Brown, T.                 Cato                      Cave
Cobb-Hunter               Cooper                    Cotty
Davenport                 Delleney                  Easterday
Gamble                    Govan                     Hamilton
Harris                    Haskins                   Hines, M.
Howard                    Inabinett                 Jennings
Jordan                    Leach                     Lee
Lloyd                     Loftis                    Mack
Mason                     McLeod                    McMahand
Miller                    Moody-Lawrence            Neal
Pinckney                  Rice                      Robinson
Scott                     Sheheen                   Smith, J.
Tripp                     Vaughn                    Wilder
Wilkes

So, the amendment was tabled.

Rep. MOODY-LAWRENCE proposed the following Amendment No. 35 (Doc Name P:\AMEND\GJK\21051SD.98), which was tabled.
Amend the bill, as and if amended, in Section 59-8-1320 which begins on page 15, by adding at the end of the section: /Teacher staff development as provided in this article must be oriented toward the needs and development of teachers and the faculty needs of individual schools./
Renumber sections to conform.
Amend totals and title to conform.

Rep. MOODY-LAWRENCE explained the amendment.
Rep. TOWNSEND moved to table the amendment.

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

Those who voted in the affirmative are:

Allison                   Altman                    Barfield
Barrett                   Battle                    Bauer
Baxley                    Beck                      Brown, H.
Brown, T.                 Byrd                      Campsen
Cato                      Chellis                   Cooper
Cotty                     Cromer                    Dantzler
Davenport                 Delleney                  Easterday
Edge                      Felder                    Fleming
Gamble                    Hamilton                  Harrell
Harris                    Harrison                  Harvin
Haskins                   Hawkins                   Hines, J.
Hinson                    Jennings                  Jordan
Keegan                    Kelley                    Kinon
Kirsh                     Knotts                    Koon
Law                       Leach                     Limehouse
Littlejohn                Maddox                    Martin
Mason                     McAbee                    McCraw
McGee                     McKay                     McMaster
Meacham                   Mullen                    Neilson
Rice                      Riser                     Rodgers
Sandifer                  Seithel                   Sharpe
Sheheen                   Simrill                   Smith, D.
Smith, F.                 Smith, R.                 Spearman
Stille                    Stuart                    Townsend
Tripp                     Trotter                   Vaughn
Walker                    Webb                      Whatley
Wilkes                    Wilkins                   Witherspoon
Woodrum                   Young                     Young-Brickell

Those who voted in the negative are:

Bowers                    Breeland                  Brown, G.
Brown, J.                 Cave                      Clyburn
Cobb-Hunter               Gourdine                  Govan
Hines, M.                 Howard                    Inabinett
Kennedy                   Lloyd                     Mack
McLeod                    Miller                    Moody-Lawrence
Neal                      Pinckney                  Scott
Smith, J.

So, the amendment was tabled.

Reps. D. SMITH, TOWNSEND, HASKINS, ALLISON and WALKER proposed the following Amendment No. 36 (Doc Name P:\AMEND\JIC\5163SD.98), which was adopted.
Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered, which shall read:
/SECTION ___.   The General Assembly shall establish a public school assistance fund as a separate fund within the state general fund for the purpose of providing financial support to assist poorly performing schools. The fund may consist of grants, gifts, and donations from any public or private source or monies that may be appropriated by the General Assembly for this purpose. Income from the fund shall be retained in the fund. All funds may be carried forward from fiscal year to fiscal year. The State Treasurer shall invest the monies in this fund in the same manner as other funds under his control are invested. The State Board of Education, in consultation with the commission, shall administer and authorize any disbursements from the fund. The State Board of Education shall promulgate regulations to implement the provisions of this section./
Renumber sections to conform.
Amend title to conform.

Rep. D. SMITH explained the amendment.

Rep. SCOTT raised a Point of Order that Amendment No. 36 was out of order in that it was not germane to the Bill.
Rep. D. SMITH argued contra.
SPEAKER WILKINS overruled the Point of Order.

Rep. D. SMITH continued speaking.
Rep. MOODY-LAWRENCE moved to table the amendment.

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

Those who voted in the affirmative are:

Breeland                  Brown, G.                 Cave
Cobb-Hunter               Hines, M.                 Howard
Inabinett                 Kennedy                   Kirsh
Lloyd                     Mack                      Moody-Lawrence
Neal                      Pinckney                  Scott
Stuart                    Webb                      Wilkes

Those who voted in the negative are:

Allison                   Altman                    Askins
Bailey                    Barrett                   Battle
Bauer                     Baxley                    Beck
Brown, H.                 Brown, J.                 Brown, T.
Byrd                      Campsen                   Cato
Chellis                   Clyburn                   Cooper
Cotty                     Cromer                    Dantzler
Davenport                 Delleney                  Easterday
Edge                      Felder                    Fleming
Gamble                    Govan                     Hamilton
Harrell                   Harrison                  Haskins
Hawkins                   Hines, J.                 Hinson
Jordan                    Keegan                    Kelley
Kinon                     Knotts                    Koon
Lanford                   Leach                     Lee
Limehouse                 Littlejohn                Maddox
Martin                    Mason                     McAbee
McGee                     McKay                     McLeod
McMahand                  McMaster                  Meacham
Miller                    Mullen                    Neilson
Rice                      Robinson                  Rodgers
Sandifer                  Seithel                   Sharpe
Sheheen                   Simrill                   Smith, D.
Smith, F.                 Smith, J.                 Smith, R.
Spearman                  Townsend                  Tripp
Vaughn                    Walker                    Whatley
Wilder                    Wilkins                   Witherspoon
Woodrum                   Young-Brickell

So, the House refused to table the amendment.

Rep. SCOTT spoke against the amendment.
The amendment was then adopted.

Reps. D. SMITH, HASKINS, CAMPSEN, KELLEY, ROBINSON and LOFTIS proposed the following Amendment No. 37 (Doc Name P:\AMEND\GJK\21065SD.98).
Amend the bill, as and if amended, by adding a new Section 59-8-750 immediately following Section 59-8-740, page 11, to read:
/Section 59-8-750.   If a school receives an 'F' for its absolute grade on its report card for any year, the students at that school may at their option transfer to any other school within the district. If a district has only one elementary, middle, or high school and it received an 'F' for its absolute grade or if all such elementary, middle, or high schools in the district received an 'F', the students at those schools may at their option transfer to a school in an adjoining school district and the adjoining district must accept these students as long as space is available. Applicable state and federal funding per student shall follow the students to the adjoining districts. These students may remain at the school to which they transferred until they finish the highest grade offered at that school./
Renumber sections to conform.
Amend totals and title to conform.

Rep. HASKINS explained the amendment.
Rep. HOWARD spoke against the amendment.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 37.

The SPEAKER granted Rep. STODDARD a leave of absence for the remainder of the day.

The House stood at ease subject to the call of Chair.

At 10:59 A.M. the House resumed, the SPEAKER in the Chair.

At 11:00 A.M. the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the House read the following Concurrent Resolution:

H. 4391 (Word version) -- Reps. Wilkins, Haskins, Harrison, H. Brown, Cato, Sharpe, Townsend, J. Brown and D. Smith: A CONCURRENT RESOLUTION TO INVITE THE HONORABLE NEWT GINGRICH, CONGRESSMAN FROM GEORGIA AND SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 11:00 A.M. ON THURSDAY, JANUARY 22, 1998.

The Honorable Newt Gingrich and distinguished party were escorted to the rostrum by Senators Patterson, Wilson, Hayes, Ravenel, Fair and Ryberg and Representatives HASKINS, YOUNG-BRICKELL, KOON, NEAL, SANDIFER and LITTLEJOHN.
The President of the Senate introduced the Honorable Newt Gingrich.

The Honorable Newt Gingrich addressed the Joint Assembly as follows:
"Thank you. Thank you very, very much. It is a great honor to be here. I will only make one comment in passing about your Speaker's distinctions. He told me a little while ago about his awareness of the difference in our approach to the volume of hair that God has allowed us to have. I suggested that if he watched Sam Donaldson, there is an alternative. When he said that in the interest of honesty in government, he would remain the person he was when he arrived here and I admire that. Let me say to all of you in both the House and Senate, both parties, what a great honor it is to be allowed to address you as the Speaker of the United States House of Representatives and how important I think it is for us to talk together, legislator to legislator. We have a very good working relationship with Governor Beasley; we have a good working relationship with governors around the country, but I do try to remind them on occasion that they represent the executive branch of state government and that the legislative branch of government was in fact the key development of freedom.
What you do, the elections you win, the constituents you serve is at the heart of our entire process of freedom. So, I think it is very important for us as legislators to have close relationships and to be able to talk with each other. I believe that is a two-way street and that it is appropriate for me as a national political leader to come here and suggest ideas as I will in a minute.
They are ideas and if you decide you like those ideas and your constituents like those ideas, then freely as a state you can adopt them. That is perfectly fair. But, it is equally appropriate for you to decide that you want to make sure that your members of Congress know what the federal government is doing wrong.
What is it that we're doing that makes life more expensive? What are we doing that makes it harder to educate your children? What are we doing that takes money away from you or takes freedom away from you or adds extra layers of red tape that you don't need?
And so I come here to open a two-way dialogue and to say that over the next few years it is as important for you as a legislature to instruct us about things that need to be changed as it is for us to come and share with you things that we think are important. I hope that you will in both the House and Senate take very seriously the open door we are trying to extend. We want you to review programs and if the federal government is doing a bad job at something, if we are doing a wasteful job, if we are doing an inefficient job, if we are creating regulations and red tape that makes it harder to serve the people, we would appreciate you serving as scouts to tell us what we ought to change. Because you see it - you're closer to home, you're closer to the people, you have more time in your communities and we want to work with you to be able to truly serve. They are the same constituents, they are the same tax payers, they are the same towns and counties and we both serve them and I would like to work with you on that.
I am particularly delighted to be in South Carolina. I have some ties to South Carolina you may or may not be aware of. My daughter went to Presbyterian College. She had a wonderful experience. She also met a young man she is marrying this Saturday. His name is Jimmy Cushman. A few of you who have really long memories will remember that his father, Jim Cushman, was Senator Strom Thurmond's first administrative assistant. This gives us a long connection to South Carolina politics. On Sunday your senior Senator called me to congratulate me on the fine young man that my daughter was marrying and also to invite me to come to the Hibernian Society in Charleston in March. I am always astonished by Senator Thurmond's memory, which is quite remarkable. He taught Mr. Cushman well. He is a fine political figure in his own right in Atlanta and knows a great deal, so we have very personal ties to South Carolina. Originally, the Cushmans are from Chester, South Carolina.
I am also delighted to be here with members of your delegation. Let me say, you can be very proud of your congressional delegation. Floyd Spence is here. Floyd is the Chairman of the National Security Committee. He is making sure that our young men and women in uniform have the right equipment, the right members, and the right training. What he is doing on national security is very, very important. Bob Inglis is here and I just want to say that Bob Inglis is as courageous and as honorable a person as I have ever served with. He came to Congress as a passionate reformer. He believes in the balanced budget and lower taxes and welfare reform and it is an honor to work with him. We have had a very good experience over the last six years of working together. I don't think anybody serves in Congress who is brighter and more sincere than Bob. I am delighted that he came down from Greenville to be with us today.
Lindsey Graham is here. Lindsey did us a great honor. I was in Clemson last night and had the opportunity to talk to the rock and hope that would lead to a winning season in Congress. Lindsey had come back from a very important trip to Indonesia looking at the financial turmoil in Asia. Lindsey represents the kind of aggressive conservatism that has enabled us to balance the budget and cut taxes. I can tell you - flat out that we need more people as aggressive and courageous and tough-minded as Lindsey. We have a great relationship, occasionally we get into fights, but candidly, when I was a sophomore I was always telling my leadership to move faster and I identify with Lindsey a lot more than I worry about it. I think he is doing exactly the right thing and I hope he will continue to fight for the kind of changes we need to get power back home to South Carolina and money back home.
Mark Sanford could not make it here this morning, but I just want to make one comment, which I am going to talk about at length here in a minute which will really effect each one of your lives. Mark Sanford has showed enormous courage in taking on the issue of what is the right retirement system for the twenty-first century. This is a very, very bold thing for someone to do. I am going to talk about this in just a minute in detail, but he has really been one of the real leaders in making a true study, without being frightened off by politics, of what we can do to give our children and grandchildren a better retirement system, with a better retirement with more money - and I am going to talk about that in a minute - but he deserves a lot of credit as a pioneer.
Let me start with a very practical issue that I know all of you are aware of. Your state, like Georgia, pays more in gasoline tax than we get back. We are what you call a 'donor' state. The money ends up going to 'donee' states. I just want to assure you, you do not have a Speaker of the House from Georgia and a Majority Leader of the Senate from Mississippi to allow this to continue. We are going to change the formula to get you back your money.
The bill which has been drafted in the House guarantees that no state will get back less than 95% of the money it sends to the trust fund and that would be an enormous improvement in highway resources available for our respective states. So as a neighbor, I want you to know that I am very aware and am working very hard to make sure that we get the right kind of formula so that we are not short-changed on the issue of highway funding.
In the bill we passed last summer on the budget, we did the right thing in taking the highway money which for the first time in 1993, 4.3 cents of that gasoline tax went to the general treasury to subsidize other programs. We took it back last summer in the budget bill and put it back in the highway trust fund, so when you buy gasoline and pay the federal user tax, it is going to highways and mass transit. It is not being used to subsidize the rest of government which is very important in giving us the highway resources we need to compete as a society. You know with your port here, we need a good effective transportation system in a country this size if we are going to compete in the world market and have the kind of jobs we want. So, we are going to work with you very closely on that issue.
I wanted to just come and share with you, I know all of you are serious people, if you have never run for public office and if you have never served and you have never had ten o'clock and eleven o'clock at night phone calls and Sunday afternoon phone calls, it is very hard to realize that almost everybody who runs for public office is a serious person. They are running because they want to do something good for their community.
Sometimes I wish all of those Hollywood writers who write those various shows that explain that we are all narrow, ambitious and shallow would actually come and spend a couple of months on a campaign trail and then be an intern in a Congress or legislature to get a sense of what it is like to really serve the people.
I want to use this time today to be very serious for a few minutes and to talk about four very big goals for our generation. People ask me about an agenda. I don't think we want to play Trivial Pursuit. I am not going to give you sixty-five small things. I think there are four big things we can do nationally. They all have a component at the state level. I want to share them with you. I want to work with you to get them done and I want you to tell us what we need to do in Washington. At the same time I want to be a little bold and suggest there are a couple of things you might voluntarily want at the state level, if you decide it is the right idea. That is why I was so thrilled to have a chance to come and share with you.
Now the first of these four goals, as I think, should be to make the highest priority we have - winning the war on drugs and reducing violent crime. I don't mean this as a political slogan. I am an historian. We have defeated drugs before in the United States. We had a huge drug epidemic through World War I and in the 1920's we broke the back of the drug culture. We actually reduced drug use by two-thirds from 1984 through 1992. The fact is Nancy Reagan's 'Just Say No' program worked and when schools and political leaders and the news media and others hammered away, the Fellowship of Christian Athletes, when all these groups hammered away at don't do drugs, we dropped drug use by two-thirds.
Then candidly, Governor Clinton, at that time, went on MTV, joked about inhaling marijuana and within six weeks drug use started back up because kids said, if it is not a problem, why not do it? Now we are starting back down the road. We have challenged General McCaffrey, Head of the Drug Program, to provide a World War II style victory program which would enable us to win the war, not just fight it for twenty years, but break the back of the drug culture in this country. Part of it is advertising, part of it is programs in school and part of it is recommendations of organizations.
I hope we are going to pass a resolution in Congress that encourages professional athletes to say if you are found using drugs, you ought to be suspended for a full year and lose that year of your contract because we ought to set the symbol that when people are national sports stars, they have a national obligation not to use drugs - not make it a federal law, but bring social pressure to bear. I would like to do the same thing with the television networks. If you have got a sitcom star who is a drug user, take him off for a year. Prove that you are more concerned about educating the children of this country than you are about simply chasing profits. I think social pressure matters.
We have an obligation which we are challenging General McCaffrey to do, which is to seal off the border. We are the most powerful country in the world. We know that building a triple fence along the border in the areas that we are worried about absolutely works. We can reduce illegal immigration and illegal drugs by ninety-five to ninety-eight percent. It is just an application of resources.
Yet today, we have 110,000 federal employees in the Internal Revenue Service and 7,400 in the Drug Enforcement Administration. Now that is pretty straightforward to me. Make taxes simpler and transfer one-third over to the Drug Enforcement Administration. I came in part to encourage you and the governor to work together and you tell us over the next few months what is the federal share of making South Carolina a drug-free state.
I want to recommend to every single one of you that you read the New York Mayor's speech from late September or early October. He had a twenty-page speech in which he outlined how to create a drug free New York City as a former prosecutor. It is the best overall speech on drugs I have read in years of studying this topic. He talks about rehabilitating current drug users, stopping kids from starting, and locking up drug dealers. It is a brilliant speech and I recommend it to all of you.
If you will, please let us know through your congressional delegation how we can work with you to make South Carolina drug free. I think that should be our first goal. I think it relates directly to violence and I will give you just one statistic. A woman who lives in a house with hard drugs is 27 times as likely to be killed as a woman in a drug-free house - not 27%, 2,700% more likely to be killed. So, if we could break the back of the drug culture, we would save our young people from prison; we would save people from violence; and, we would have a healthier society. As all of you know, children born to drug addicts often have severe health problems. We would save a great deal of money and improve the quality of life in a drug-free America. So, I think that should be our number one priority for the next three or four years until we win the war on drugs.
Secondly, as a former teacher - I taught in college, but I also taught part-time in high school, as a graduate of public high school, my wife is a graduate of public high school, both my daughters went to public schools - I want to propose that we take seriously what we mean in our hearts that every American child is endowed by their creator with certain inalienable rights among which are life, liberty and the pursuit of happiness.
You cannot pursue happiness in the information age if you can't read and write. I want to make some very specific suggestions. They should not be federal laws. I don't believe we want Washington, D.C. making education policy; it will become a mess. I do think I have a right as a teacher and as a citizen to come and make some suggestions.
First, I think we ought to establish everywhere in the country, but especially at the state level, a standard for learning. It is a very simple standard. Every child should be able to read and write by the end of the fourth grade and if they can't, they should be required to spend the entire fifth grade immersed in reading and writing until they master it. Frankly, they should be able to read and write in English because that is the language of commerce in the United States of America.
Second, we should begin to develop a learning system. I want to draw a distinction here. An education system should be dominated by the teachers because they define what you do; they define how you learn; and, they define your goals. A learning system is dominated by the learner. All of us as adults have learned; you never quit learning. In the information age in the world market if you are not learning everyday, you are falling behind.
We have the capacity with computers to create learning systems that are available 7 days a week, 24 hours a day and are user friendly in your home. We are now working with one corporation of taking a Washington, D.C. elementary school and putting in homes network computers, which we think we will be able to buy for under $200 a copy. Putting them not only in the classroom, but putting them in the poor children's homes, so that those children today who have no access to the computer age have 24-hour access. Their parents have 24-hour access. A network computer is one where you use your television screen at home instead of having an optic screen. You are tied into a central processor. We think we can deliver that for under $200 a home. We think we can start creating the capacity - you go to school have the teacher make sure you are learning, but there may be 100 things you want to learn on your own at your own convenience. We think we are going to change the whole attitude of people toward learning. It has got to be lifetime. You never get to quit learning. In the modern world that is the nature of the information age. In a sense, the second goal is to start thinking about how can we create learning systems that complement our education systems.
The third goal, I want to encourage every state legislature to write into all future education contracts that if your school drops below the bottom fifth in testing that all contracts are null and void; that there is no tenure; there is no union contract; there is no work rule; there is no regulation; there is no credentialing; and, that if a child is trapped in a school which is scoring in the bottom 20%, the time to change that school is today, not in 10 years, not in 15 years, but today. I think that if we focus on the children, not on the teacher union, not on the principal, not on the school of education, not on the state bureaucracy - if we focus on the children and insist on changing until the children are learning, we will be startled by how rapidly our worst schools begin to be pretty darn good. We will begin to see a totally different attitude about making sure the children are learning.
I think we have to have that kind of pressure. All of you know that if it was your child, and they were in the worst school in the state, you'd pull them out. You'd either send them to a private school, you would have them tutored, you would move to the suburbs, you would home school them, but what you wouldn't do is let them sit there not learning while the bureaucracy talked about maybe someday, possibly, changing if it didn't inconvenience anybody. Now we owe it to the poorest kids in this country to give them the same choice and the same opportunities as everybody else. I would go a step further.
We are going to try to pass and send to the President in the next few days a scholarship bill for the District of Columbia that gives parents the rights to choose. If a school is so bad, if it is dangerous, if they think they are not having a chance, they ought to have a scholarship that gives them a right to choose. The problem in D.C. is not money. We spend $10,000 a student. The problem is the bureaucracy that fails. There is a simple test in education - put the children first and do what works for the children and then worry about the rest of the system later.
I also want to propose one other major reform that ought to be passed at the state level. I believe every school from 1st grade to 12th grade should spend one day a year - the entire day - on the Declaration of Independence and the Constitution of the United States. I think there is a very profound reason for doing this. We are multi-ethnic; but, we are one civilization. You learn to be an American. You can be born German, African, or Chinese. You become an American. If you're born here, you learn growing up. If you are an immigrant, you learn by studying when you get here that is why we are so remarkable at absorbing people from the whole world.
The base of that learning is the Declaration of Independence. There are three key parts of it that I hope you will really consider trying to get across to every child in South Carolina. The first is where it says, 'We hold these truths to be self-evident'. I am a former college teacher. A college faculty would probably have written, 'Being randomly gathered protoplasm, we have rationally concluded that for the moment if it doesn't offend anyone, we would in this situation consider the possibility.' The concept of truth is important. A free society is based on the concept of truth and unless we're prepared to talk about it, what does truth mean? We decay into a kind of ethics situation that ultimately decays that whole society.
The second thing that I think is so essential to the Declaration and that is the core that makes America unique and different from Europe and anywhere else is where it says 'We are endowed by our Creator with certain inalienable rights among which are life, liberty and the pursuit of happiness.' The reason that is important is because in Europe power went from God to the King and was loaned to the citizen. This is why the Brussels Bureaucracy is inherently worse than the IRS because the center of power in Europe is the state - the government. In the American model power goes from God to the citizen and is loaned to the state, which is why our Constitution begins, 'We, the People of the United States of America.' It is a very important distinction. The whole base of our tradition of civil disobedience is the notion that we inherit in ourselves - God's power.
If you read Martin Luther King, Jr.'s speeches - they come at the core for the sense that power is inherent from God to us and that government only derives its power from the just consent of the governed. So, 200 years of abolishing slavery, fighting over the rights of women, fighting over the rights of minorities, and ending segregation starts from the inherent concept that we have the inherent right to appeal to God above the state and yet we don't teach that today.
Which gets me to the third point, I think for every public school teacher in America once a year to spend one day wrestling with the question, "what did the founding fathers mean by 'Creator'? "is at the heart of America. The fact is that the founding fathers meant God, and you'll hear people say, "Well Jefferson was a deist." Well, they don't actually know what that means but they assume it means he wasn't a Baptist and that makes them feel more secure and I am allowed to say that because I am a Baptist. While around the top of the Jefferson Memorial there is the following quote, 'I have sworn upon the alter of God Almighty, Eternal hostility against all forms of tyranny over the minds of man.' now sophisticated intellectuals may ask you, what do you think Jefferson meant? Under the modern fancy complicated systems they'll tell you he actually meant that he was meditating upon the great banana in the sky or something like that. I am old fashioned. I think Jefferson wrote 'I have sworn upon the alter of God Almighty' because he meant, 'I have sworn upon the alter of God Almighty.'
It is important for our children to hear it for this reason. When you start to realize that the person next to you is endowed by God, then if you sell them drugs, you are corrupting a person endowed by God. If you rape them, you are raping a person endowed by God. If you murder them, you are murdering a person endowed by God. You have changed the core and nature of who we are as people.
I know the ACLU will file a law suit, but I cannot imagine how the Supreme Court could argue that we could not teach the Declaration of Independence and it is in that document that the term Creator occurs. I think this would be a healthier country if we reestablish in a direct way who we are and where we came from and what we believe.
I will also reinforce what I said earlier about every child getting the best education, not just rich kids, not just suburban kids, every child. I think it reinforces what I said about stopping drugs.
There is a third big goal and this is one you can apply with the state retirement system and I recommend it strongly. You look at a brand new program in Michigan which gives state employees a personal retirement account. It gives them much more control; it vests them much earlier which turns out to be better for poor workers who have to hold their jobs shorter periods of time. It is a very interesting model. I am proposing nationally that we have a national commission on retirement. We are entering a period when we could have federal surpluses for the next 30 years. If we have a disciplined, fiscally conservative Congress, we will run a surplus every year in peace time. As we run that surplus, we can pay down the national debt. We can have a tax cut every year, which I would like to have. We could start to pay down the national debt which will bring interest rates down about 2 percentage points from where they are now. Also look at what that will do for your state bonding capabilities and how that will help your local municipalities.
But, in addition, that surplus allows us to pay off the social security trust fund in a way which guarantees to my mother and my mother-in-law that their social security will be safe and they will get a cost-of-living increase. It also allows us to say to the baby boomers and their children - the time has come to talk about a modern personal social security account.
Let me give you the numbers that Congress and Mark Sanford developed. If you are 20 years old, and you were to have an average income job and you are allowed to take that federal FICA tax (the social security part which is 10.3% of your income), let's be honest, there is no match. If you don't earn it, they don't pay it so the whole tax is paid by the worker. It is a gimmick to split it and I think the W-2 should be changed so you see the entire tax you pay. If you could save that 10.3% at an average rate of return according to Congress and, Sanford, when you retire, that 20 year old would have $975,000 in their retirement. Today under the current government system which has no interest, no compounding, and no build-up, you'll get back $175,000.
I was at Clemson last night. We had 900 students in the room. I asked them, would you rather have $970,000 or $175,000? As all of you know, Clemson is an engineering school of great technical knowledge. The mathematicians and student body immediately did the math, which would be better. You will all be pleased to know that every single student at Clemson figured it out.
Let me carry it a step further because people don't understand how the current system cheats the poor. If you are a medical doctor or you're wealthy, you pay your FICA and you have your own savings. But if you're a janitor, if you're working at a fast food place or at a job that doesn't pay very much, all of the savings you have are absorbed by the FICA tax. That is your savings. So, if you're being cheated out of $800,000 in your retirement by government, the poor are the ones hurt most and the people that are hurt the most, according to a study, are black males. Black males live the shortest length of time as a group. They transfer $10,000 in their working lifetime to the retirement of everybody else. It is the most regressive, anti-poor system we have to date.
Let me be very clear here so nobody can go out and start running 30 second commercials that are confusing. We should save the current social security system for every person who is on it or every person who wants to get on it. That should be there. It is done. No one has to worry. No one should get scared. No campaign of disinformation.
We should then create through a national commission on retirement, and I am going to encourage every member of the House and Senate, and you may want to do the same thing here, but I am going to encourage the federal House and Senate members to set citizens committees in their districts connected by Internet to the international commission. The National Commission should be one-third baby boomers, one-third older than baby boomers, and one-third younger than baby boomers. We ought to have all three generations in the room having an honest family dialogue about how we fix retirement. We have the chance because of the power of compound interest to give young people a better retirement with a better income at no cost.
By simply changing the rule of the game so they get the money invested, we can establish the investments so they are very safe. We have 200 years of history of the stock market. We know that a broad based market investment will earn more than the current social security system at no risk. The time has come to do it. Let's have a national dialogue; let's talk with each other. The groups that we will help the most are the working poor who often start to work the earliest. Compounding works more at 16 than at 20. The 10% savings that you get to keep means that every person in America will be a capitalist within 3 or 4 years because they will all have that money that they are investing, that they are saving and that is theirs. You will change the whole attitude.
I asked the kids last night at Clemson, 'How many of you think you are not going to get any money back?' Eighty percent raised their hand. I think a personal, modern social security account is an idea whose time has come and a national commission can create it, but you can look at the state pension plan and you can look at other opportunities right here to do similar things for retirement for all of South Carolina.
Lastly, I want to really meddle for a minute, Mr. Speaker. I want to raise a question that is very touchy for elected officials. We are at peace. We won the second world war, I know all of you are aware of that, but we also won the cold war, which was politically incorrect to say. But the truth is that Ronald Reagan defeated the Soviet empire and we now live in a world where there is no American requirement to be at war. I think we can lead the world with 3 to 4 % of our gross national product - that is not what drives our budget. Here is the question. In peace time, in a free society, how much of your income should the government be allowed to take away from you? That's what taxes are.
Taxes are not investments or contributions; they are mandatory. The American people have said for the last 40 years that in peace time the most government (local, state and federal) should take from us is 25%. It is a deeply intuitive belief, that if you work all day Monday and half of Tuesday for the government, then starting about noon on Tuesday you ought to be able to work for yourself, your family, your retirement, your church or synagog and charities, but you ought to have some time that week to work for yourself. We today take 38%. We take about 22%, state and local take about 16%.
What I am proposing, and this is not to be a mandated federal law, is that we agree in a broad way as a country that over the next 10 to 15 years we move down to 25% from 38%; that the Feds drop from 22 % to 14%; that the state and local move from 16% to 11%; and, that the things we are doing that make your business more expensive, we need to fix so that they can cost less.
Then we need to take the lessons of Peter Drucker as a management consultant of Edwards Deming and as founder of the quality movement and you can go to, for example, which is where I studied Deming initially and you will find that you can modernize, privatize, prioritize and save money to a dramatic degree. It is a different way of thinking.
The IRS runs a program called the earned income credit where poor people fill out paper and get a check. That program today has a 21% error rate. I bet there is not a program in the South Carolina government that has a 21% error rate. Every fifth dollar sent out is wrong. I have a judge in Idaho who had a 69 cent mistake in his quarterly payment. He got a bill from the IRS for $123.01. $123 for being wrong and a penny for interest on the 69 cents. He wrote a letter and said, "Have you guys lost your minds?" This same agency that says you have to be perfect on your tax forms is 21% off when they send your money out. $5,300,000,000.00 a year of error. It is not the program. The error rate is $5,300,000,000.00 a year.
I proposed looking seriously at hiring VISA or Mastercard or a major credit company, put the thing up for bid, get the IRS out of it and tell them if you get the error rate down you can keep 10% of what you save us as an incentive. If they saved 4 billion dollars, I'd pay them 4 million to have 3.6 billion in savings that we can return to the American people. We can actually apply modern management, modern computers and modern technology. We run better government at lower cost with greater customer satisfaction.
My wife last year had to spend $15. So she called around to find the shortest length of time in which she could spend $15. First three places she called said it would take her 2 1/2 hours. The last place she called said it would take 1 1/2 hours - so she went to the last place. She wasn't buying Beanie Babies at Christmas - she was getting her driver's license.
I realized when she told me that story that evening that we have all been trained to have two clocks in our head. Now think about this personally and tell me if I'm not right. You have one clock in your head if you walk into a private business. You go to McDonald's and that clock has a second hand. You stand there 90 seconds and you begin to notice and say, "How come they are not taking care of me?" because you're a customer. You have a second clock in your head for when you walk into a public building; it has 15 minute increments. You may think I am exaggerating. Think about it the next time you walk into a public building - watch if you don't switch time zones.
Here is my point. Now I am not picking a fight. This is not about people. We have good, decent, hard working civil servants at every level of government in this society trapped in systems and cultures that are destructive. If you took the 10 best entrepreneurs in America and dropped them into the federal bureaucracy within 90 days' they would be slower and more confused and do less.
I am so grateful that so many members are here who are African-American and are willing to come and listen to a conservative Speaker of the House and think about ideas. The people who are cheated the most by this when the public sector fails are the poor. The public says that if you are rich enough you live in some gated community surrounded by some private guards, you send your kids to a private school and you have a very fancy doctor and you don't worry about things. You go to your golf course and you talk about how government is bad and my secretary had to wait yesterday.
But if you are poor, and government doesn't deliver the services and you're trying to start a small business and it takes you 40 hours to stand in line to get all the licenses, and you can't get things and you waste your time taking a day off work to go to the health service, it is the poor who hurt the most when government doesn't deliver. So, we owe it to everybody to rethink the system from the ground up. So, if you'll study Edwards Deming - and I must tell you the system - I learned so much. They allowed my wife and me to come and spend three days of their time studying Deming and studying how they have redesigned Milliken which may be the most efficient textile company in the world. You take those ideas and apply them seriously to government - we are going to offer better services, better opportunities, better learning, better safety, better health care and better environment at lower costs with more satisfied citizens, but it takes thinking, it takes change, and it takes courage.
I came today just to say to all of you, what some of you probably don't hear very often, thank you. A free country only succeeds if the people have courage. You can be a slave without courage; you can be a dictatorship without courage but to be free you have to have courage. All of you have the courage to put your name on the line. If you never run for office and you have never risked losing (I lost twice - I decided winning is better), if you're not there that election night, if you haven't been through a campaign where your opponent said bad things, the news media have said things that weren't quite true, and your wife or husband looked at you and wondered why am I doing this, then you finally get to win and some constituent calls and says you are really dumb because you didn't do A, then somebody else calls and says you're really dumb because you didn't do B and actually you had done C , but you couldn't figure out how to explain it to either one of them, you are the living organic bond by which freedom survives. You learn from those who went before you - how to compromise, how to negotiate, how to legislate, how to get it done, how to run for reelection. You learn how to serve your constituents and younger people will come along and study you and be in your campaign and someday they will be in office. Literally, we are the lifeblood of freedom. Freedom is a learned art. It is very hard. It is the hardest thing humans do other than fight a civil war. People undervalue it and I just want to say to all of you we are fellow legislators; we are trying to serve our people, together.
We are going to create a 21st century America that is more prosperous, safer and freer and we're going to make sure that every child in this country of every ethnic background in every neighborhood has their God given rights to pursue happiness. We are going to work together and together we're going to actually get it done. Thank you. Good luck and God bless you.

Upon conclusion of his address, the Honorable Newt Gingrich and his escort party retired from the Chamber.

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

At 11:55 A.M. the House resumed, the SPEAKER in the Chair.

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 37.

H. 4399 (Word version) -- Reps. Wilkins, Townsend, Harrell, Haskins, Allison, J. Hines, Hinson, D. Smith, R. Smith, Stuart, Walker, Limehouse, Maddox, Spearman, Kennedy, Vaughn, G. Brown, Battle, Whatley, Barfield, Barrett, Young-Brickell, Bailey, Meacham, Neilson, Rice, Bauer, McCraw, Martin, Chellis, Rodgers, Delleney, Littlejohn, Stille, Stoddard, Cato, J. Brown, Law, Cotty, Witherspoon, Kinon, Knotts, Rhoad, Riser, Mason, Dantzler, Edge, McKay, Sandifer, Davenport, McGee, Gamble, McMaster, Felder, Byrd, Lanford, Miller, Phillips, Koon, McMahand, Kirsh, Quinn, Wilkes, Cromer, Cooper, Wilder, Harvin, Harrison, H. Brown, Sharpe, Woodrum, Beck and T. Brown: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 8 SO AS TO ENACT THE "SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY STANDARDS FOR SCHOOLS (PASS) ACT" INCLUDING PROVISIONS TO ESTABLISH A PASS COMMISSION AND PROVIDE FOR ITS FUNCTIONS AND DUTIES, TO REQUIRE THE ADOPTION OF CERTAIN STATE EDUCATION STANDARDS BY THE STATE BOARD OF EDUCATION, AND CREATE AN ASSESSMENT SYSTEM TO MONITOR THE ATTAINMENT OF THESE STANDARDS, TO PROVIDE FOR ANNUAL REPORT CARDS, PERFORMANCE INDICATORS AND AWARDS FOR SCHOOLS, TO PROVIDE ASSISTANCE FOR POORLY PERFORMING SCHOOLS, AND TO PROVIDE A STATE-FUNDED PROGRAM OF INCENTIVES FOR PRINCIPALS AND TEACHERS AND FOR THEIR PROFESSIONAL DEVELOPMENT; AND TO REPEAL CHAPTER 6 OF TITLE 59 RELATING TO MONITORING IMPLEMENTATION OF THE EDUCATION IMPROVEMENT PROGRAM.

Reps. D. SMITH, HASKINS, CAMPSEN, KELLEY, ROBINSON and LOFTIS proposed the following Amendment No. 37 (Doc Name P:\AMEND\GJK\21065SD.98), which was adopted.
Amend the bill, as and if amended, by adding a new Section 59-8-750 immediately following Section 59-8-740, page 11, to read:
/Section 59-8-750.   If a school receives an 'F' for its absolute grade on its report card for any year, the students at that school may at their option transfer to any other school within the district. If a district has only one elementary, middle, or high school and it received an 'F' for its absolute grade or if all such elementary, middle, or high schools in the district received an 'F', the students at those schools may at their option transfer to a school in an adjoining school district and the adjoining district must accept these students as long as space is available. Applicable state and federal funding per student shall follow the students to the adjoining districts. These students may remain at the school to which they transferred until they finish the highest grade offered at that school./
Renumber sections to conform.
Amend totals and title to conform.

Rep. SCOTT raised a Point of Order that Amendment No. 37 was out of order in that it was not germane to the Bill.
Rep. HASKINS argued contra.
SPEAKER WILKINS overruled the Point of Order.

Rep. COBB-HUNTER spoke against the amendment.
Rep. HASKINS spoke in favor of the amendment.

Rep. SCOTT moved that the House do now adjourn.

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

Those who voted in the affirmative are:

Breeland                  Brown, G.                 Brown, J.
Byrd                      Cave                      Cobb-Hunter
Gourdine                  Hines, J.                 Howard
Lee                       Lloyd                     Mack
McLeod                    McMahand                  Moody-Lawrence
Mullen                    Neal                      Pinckney
Rhoad                     Scott                     Smith, F.
Spearman                  Stuart                    Wilkes

Those who voted in the negative are:

Allison                   Altman                    Bailey
Barfield                  Barrett                   Battle
Bauer                     Baxley                    Beck
Boan                      Bowers                    Brown, H.
Campsen                   Cato                      Cooper
Cotty                     Cromer                    Dantzler
Davenport                 Delleney                  Easterday
Edge                      Felder                    Fleming
Gamble                    Govan                     Hamilton
Harrell                   Harris                    Harrison
Harvin                    Haskins                   Hawkins
Hines, M.                 Hinson                    Keegan
Kelley                    Kinon                     Kirsh
Knotts                    Koon                      Lanford
Law                       Leach                     Limehouse
Littlejohn                Loftis                    Maddox
Martin                    Mason                     McAbee
McCraw                    McGee                     McMaster
Meacham                   Miller                    Neilson
Phillips                  Rice                      Riser
Robinson                  Rodgers                   Sandifer
Seithel                   Sharpe                    Sheheen
Simrill                   Smith, D.                 Smith, R.
Townsend                  Tripp                     Trotter
Vaughn                    Walker                    Webb
Whatley                   Wilkins                   Witherspoon
Woodrum                   Young                     Young-Brickell

So, the House refused to adjourn.

Rep. McLEOD moved to table the amendment.

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

Those who voted in the affirmative are:

Boan                      Bowers                    Breeland
Brown, G.                 Brown, J.                 Byrd
Cave                      Clyburn                   Cobb-Hunter
Cromer                    Gourdine                  Govan
Harvin                    Hines, J.                 Hines, M.
Howard                    Inabinett                 Kennedy
Kirsh                     Lee                       Littlejohn
Lloyd                     Mack                      Maddox
McLeod                    McMahand                  Moody-Lawrence
Mullen                    Neal                      Pinckney
Rodgers                   Scott                     Smith, F.
Spearman                  Stuart                    Webb
Wilkes

Those who voted in the negative are:

Allison                   Altman                    Bailey
Barfield                  Barrett                   Battle
Bauer                     Baxley                    Beck
Brown, H.                 Brown, T.                 Campsen
Carnell                   Cato                      Chellis
Cooper                    Cotty                     Dantzler
Davenport                 Delleney                  Easterday
Edge                      Felder                    Fleming
Gamble                    Hamilton                  Harrell
Harris                    Haskins                   Hawkins
Hinson                    Jordan                    Keegan
Kelley                    Knotts                    Koon
Lanford                   Leach                     Limehouse
Loftis                    Martin                    Mason
McAbee                    McCraw                    McGee
McMaster                  Meacham                   Miller
Phillips                  Quinn                     Rice
Riser                     Robinson                  Sandifer
Seithel                   Sharpe                    Sheheen
Simrill                   Smith, D.                 Smith, R.
Stille                    Townsend                  Tripp
Trotter                   Vaughn                    Walker
Whatley                   Wilkins                   Witherspoon
Woodrum                   Young                     Young-Brickell

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Those who voted in the affirmative are:

Allison                   Altman                    Bailey
Barfield                  Barrett                   Battle
Bauer                     Baxley                    Beck
Bowers                    Brown, H.                 Brown, T.
Campsen                   Carnell                   Cato
Chellis                   Cooper                    Dantzler
Davenport                 Delleney                  Easterday
Felder                    Fleming                   Gamble
Hamilton                  Harrell                   Harris
Harrison                  Haskins                   Hawkins
Hinson                    Jordan                    Keegan
Kelley                    Knotts                    Koon
Lanford                   Law                       Leach
Limehouse                 Loftis                    Maddox
Martin                    Mason                     McAbee
McCraw                    McGee                     McMaster
Meacham                   Miller                    Phillips
Quinn                     Rhoad                     Rice
Riser                     Robinson                  Sandifer
Seithel                   Sharpe                    Sheheen
Simrill                   Smith, D.                 Smith, R.
Townsend                  Tripp                     Trotter
Vaughn                    Walker                    Whatley
Wilkins                   Woodrum                   Young
Young-Brickell

Those who voted in the negative are:

Boan                      Breeland                  Brown, G.
Brown, J.                 Byrd                      Cave
Clyburn                   Cobb-Hunter               Cromer
Gourdine                  Govan                     Harvin
Hines, J.                 Hines, M.                 Howard
Inabinett                 Jennings                  Kennedy
Kinon                     Kirsh                     Lee
Littlejohn                Lloyd                     Mack
McLeod                    McMahand                  Moody-Lawrence
Mullen                    Neal                      Pinckney
Rodgers                   Scott                     Smith, F.
Smith, J.                 Spearman                  Stuart
Webb

So, the amendment was adopted.

I voted on the prevailing side of Amendment No. 37 in order to have it reconsidered due to its effect of punishing schools doing well.
Rep. WILLIAM K. BOWERS

Rep. HASKINS moved to reconsider the vote whereby Amendment No. 37 was adopted.
Rep. HAWKINS moved to table the motion.

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

Those who voted in the affirmative are:

Allison                   Altman                    Barfield
Barrett                   Battle                    Bauer
Beck                      Breeland                  Brown, T.
Campsen                   Cato                      Chellis
Cooper                    Cotty                     Dantzler
Davenport                 Delleney                  Easterday
Edge                      Felder                    Fleming
Gamble                    Hamilton                  Harrell
Harris                    Harrison                  Haskins
Hawkins                   Hinson                    Jordan
Keegan                    Kelley                    Kinon
Knotts                    Koon                      Lanford
Law                       Leach                     Limehouse
Loftis                    Mack                      Martin
Mason                     McAbee                    McCraw
McGee                     McMahand                  McMaster
Meacham                   Miller                    Neilson
Phillips                  Quinn                     Rhoad
Rice                      Riser                     Robinson
Sandifer                  Seithel                   Sharpe
Sheheen                   Smith, D.                 Smith, J.
Smith, R.                 Spearman                  Stuart
Tripp                     Trotter                   Vaughn
Whatley                   Wilkins                   Witherspoon
Woodrum                   Young                     Young-Brickell

Those who voted in the negative are:

Baxley                    Boan                      Bowers
Brown, G.                 Brown, J.                 Byrd
Cave                      Clyburn                   Cobb-Hunter
Cromer                    Gourdine                  Govan
Harvin                    Hines, J.                 Hines, M.
Howard                    Inabinett                 Jennings
Kennedy                   Kirsh                     Lee
Littlejohn                Lloyd                     Maddox
McLeod                    Moody-Lawrence            Mullen
Neal                      Pinckney                  Rodgers
Scott                     Smith, F.                 Wilkes

So, the motion to reconsider was tabled.

Rep. YOUNG moved that the House do now adjourn.

Rep. SCOTT raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.

Rep. MACK proposed the following Amendment No. 38, which was tabled.
Require grades first to third to be a Continuous Progress Module. Students would go to school year round from the first to third grade in order to lay the foundation for reading, math, and language skills. Retention would begin after third grade.

Rep. MACK explained the amendment.

Rep. ALTMAN raised a Point of Order that Amendment No. 38 was out of order in that it was not germane to the Bill.
Rep. MACK argued contra.
SPEAKER WILKINS overruled the Point of Order.

Rep. HARRELL moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Altman                    Barfield                  Barrett
Bauer                     Baxley                    Beck
Boan                      Bowers                    Brown, H.
Campsen                   Cato                      Chellis
Cooper                    Cotty                     Cromer
Dantzler                  Davenport                 Delleney
Easterday                 Edge                      Felder
Fleming                   Gamble                    Hamilton
Harrell                   Harris                    Harrison
Haskins                   Hawkins                   Hinson
Jennings                  Jordan                    Kelley
Kinon                     Kirsh                     Knotts
Koon                      Law                       Leach
Limehouse                 Littlejohn                Loftis
Maddox                    Martin                    Mason
McAbee                    McCraw                    McGee
McLeod                    McMaster                  Meacham
Mullen                    Neilson                   Quinn
Rice                      Riser                     Robinson
Rodgers                   Sandifer                  Seithel
Sharpe                    Sheheen                   Simrill
Smith, D.                 Smith, R.                 Spearman
Stille                    Stuart                    Townsend
Tripp                     Vaughn                    Walker
Webb                      Whatley                   Wilkins
Witherspoon               Woodrum                   Young
Young-Brickell

Those who voted in the negative are:

Breeland                  Brown, G.                 Brown, J.
Brown, T.                 Byrd                      Cave
Clyburn                   Cobb-Hunter               Govan
Harvin                    Hines, J.                 Hines, M.
Howard                    Inabinett                 Kennedy
Lee                       Lloyd                     Mack
Moody-Lawrence            Neal                      Pinckney
Scott                     Smith, F.

So, the amendment was tabled.

Rep. YOUNG-BRICKELL moved that the House do now adjourn.

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

Those who voted in the affirmative are:

Altman                    Barfield                  Barrett
Bauer                     Baxley                    Beck
Boan                      Brown, H.                 Campsen
Cato                      Chellis                   Cooper
Cotty                     Dantzler                  Davenport
Delleney                  Easterday                 Felder
Gamble                    Hamilton                  Harrell
Harris                    Harrison                  Harvin
Haskins                   Hawkins                   Hinson
Jennings                  Jordan                    Kinon
Kirsh                     Knotts                    Koon
Law                       Leach                     Littlejohn
Loftis                    Martin                    McAbee
McCraw                    McGee                     McLeod
McMahand                  McMaster                  Meacham
Mullen                    Neilson                   Quinn
Rice                      Riser                     Robinson
Rodgers                   Sandifer                  Sheheen
Smith, R.                 Spearman                  Stille
Stuart                    Townsend                  Vaughn
Walker                    Webb                      Whatley
Wilkins                   Woodrum                   Young
Young-Brickell

Those who voted in the negative are:

Battle                    Brown, G.                 Brown, J.
Byrd                      Cave                      Cobb-Hunter
Cromer                    Edge                      Govan
Hines, M.                 Howard                    Inabinett
Kelley                    Lee                       Limehouse
Lloyd                     Mack                      Miller
Moody-Lawrence            Neal                      Pinckney
Scott                     Smith, F.                 Smith, J.

So, the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of amendments, cloture having been ordered.

At 12:20 P.M. the House in accordance with the motion of Rep. ALTMAN adjourned in memory of Fern P. Seithel, grandmother of Rep. LYNN SEITHEL, to meet at 10:00 A.M. tomorrow.

This web page was last updated on Monday, June 29, 2009 at 10:33 A.M.