Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
Our Father in Heaven, Who knows every secret of our minds-all that we fear and for which we hope-we come to ask Your guidance and direction during these days when so much is demanded of us. Compel us to be just and fair in all our dealings. Make our motives to be above all suspicion. Cause us to make our word our bond. Let us be charitable in our criticism of others, and slow to judge, knowing that some day we will be judged by Him to whom all hearts are open and from Whom no secrets are hidden. Give us enough light for the next step, wisdom enough for today's duties. Hear with Your favor this our morning prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
Columbia, S.C., March 16, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3429:
H. 3429 (Word version) -- Reps. Lanford, Hawkins, Wilder, Walker, Allison, Lee, Davenport, D. Smith, Vaughn and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 4, 1999, MISSED BY STUDENTS OF EACH OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY AND THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE
Very respectfully,
President
The following was received.
Columbia, S.C., March 16, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 487:
S. 487 (Word version) -- Senators Matthews and Hutto: A BILL TO REVISE THE ELECTION DISTRICTS AND METHOD OF ELECTING THE MEMBERS OF THE BOARD OF TRUSTEES OF ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FIVE AND TO CHANGE THE MANNER FOR FILLING VACANCIES ON THE BOARDS OF TRUSTEES OF THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS AND THE ORANGEBURG COUNTY BOARD OF TRUSTEES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
President
The following was received.
Columbia, S.C., March 17, 1999
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:45 p.m. today for the purpose of Ratifying Acts.
On motion of Rep. CARNELL the invitation was accepted.
On motion of Rep. ALLISON, with unanimous consent, the following was taken up for immediate consideration:
H. 3746 (Word version) -- Reps. Allison, Seithel, Edge, Bales, Barrett, Battle, Beck, Breeland, Cato, Chellis, Clyburn, Dantzler, Gilham, Gourdine, Govan, Hamilton, Harrison, Harvin, J. Hines, Hinson, Jennings, Kelley, Klauber, Koon, Law, Lee, Littlejohn, Loftis, Maddox, Martin, Mason, McCraw, McGee, Meacham, Parks, Phillips, Rhoad, Rice, Rodgers, Simrill, Stille, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon and Woodrum: A CONCURRENT RESOLUTION TO PROCLAIM THAT THE WOMAN CHOSEN AS MISS SOUTH CAROLINA SHALL SERVE AS THE OFFICIAL HONORARY HOSTESS OF THE STATE OF SOUTH CAROLINA DURING HER TERM AS MISS SOUTH CAROLINA.
Whereas, the Miss South Carolina Pageant was first held in 1937 and since 1997, has been held in the lovely city of Spartanburg, South Carolina; and
Whereas, the pageant is subsequently held each year as the state final for the Miss America Pageant, and it is the oldest, best known, and most respected beauty, talent, and scholarship pageant in South Carolina; and
Whereas, the Miss America Pageant and its preliminary pageants comprise the largest women's scholarship foundation in the world; and
Whereas, the Miss South Carolina Pageant, Inc. is a chartered South Carolina nonprofit corporation; and
Whereas, the pageant's participants are interested foremost in pursuing their education, and they are judged on the basis of the whole person including talent, intelligence, poise, as well as beauty, to find a contestant most capable of representing the great State of South Carolina; and
Whereas, it would be a great benefit to the State of South Carolina to have a young lady serve as the official honorary hostess to welcome visiting dignitaries from outside the State and at appropriate functions held within the State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring, that the members of the General Assembly of the State of South Carolina proclaim that the woman chosen as Miss South Carolina shall serve as the official honorary hostess of South Carolina during her term as Miss South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 616 (Word version) -- Senators Jackson and Courson: A CONCURRENT RESOLUTION TO COMMEND MARVIN CHERNOFF FOR HIS OUTSTANDING COMMITMENT AND RECORD OF PUBLIC SERVICE TO HIS COMMUNITY, COLUMBIA, AND THE GREATER COLUMBIA AREA, AND TO CONGRATULATE HIM ON THE OCCASION OF HIS BEING NAMED BY THE GREATER COLUMBIA CHAMBER OF COMMERCE AS AMBASSADOR OF THE YEAR FOR 1999.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3747 (Word version) -- Reps. Hinson, Howard, Knotts, H. Brown, Law, Allen, Bailey, Barrett, Breeland, J. Brown, Canty, Clyburn, Dantzler, Gourdine, Govan, Hayes, M. Hines, Littlejohn, McCraw, McGee,
H. 3748 (Word version) -- Reps. Walker, Allison, Davenport, Lee, Littlejohn and D. Smith: A BILL TO AMEND SECTION 11-27-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO CONFORM THE TREATMENT OF A LEASE PURCHASE AGREEMENT FOR ENERGY EFFICIENCY PRODUCTS AND A GUARANTEED ENERGY SAVINGS CONTRACT IN THE CALCULATION OF THE DEBT LIMIT TO THE PROVISIONS OF THE SECTION SPECIFICALLY EXCLUDING THEM FROM THOSE TYPES OF AGREEMENTS SUBJECT TO THE DEBT LIMIT, AND TO MAKE TECHNICAL REFERENCE CHANGES.
Referred to Committee on Ways and Means
H. 3749 (Word version) -- Reps. Loftis and Leach: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF FEBRUARY 1, 1999, MISSED BY STUDENTS OF THE SANS SOUCI ELEMENTARY SCHOOL IN GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOL WAS CLOSED DUE TO LOSS OF HEAT IN THE BUILDINGS, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. LOFTIS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3750 (Word version) -- Reps. Walker, Allison, Altman, Bailey, Barfield, Barrett, Battle, Beck, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Cotty, Dantzler, Davenport, Easterday, Edge, Fleming, Gilham,
S. 542 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND SECTION 27-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR TERMS USED IN THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO AMEND THE DEFINITION OF "INTANGIBLE PROPERTY" BY EXCLUDING TRADING STAMPS AND ELECTRONIC ENTRIES REPRESENTING TRADING STAMPS.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Askins Bales Barrett Battle Bauer Beck Bowers Breeland Brown H. Brown J. Campsen Cato Chellis Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Gamble Gilham Gourdine
Hamilton Harrell Harris Harrison Harvin Haskins Hayes Hinson Howard Inabinett Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Mason McCraw McGee McLeod M. McLeod W. McMahand Meacham Miller Neilson Ott Parks Quinn Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith D. Smith J. Smith R. Stille Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, March 17.
Donald Allen George Bailey Liston Barfield Lynn Seithel Marion Carnell William Clyburn Fletcher Smith Ronald Fleming Grady Brown Jerry Govan John Hawkins Douglas Jennings James Law Jesse Hines Mack Hines Becky Martin Bessie Moody-Lawrence Joseph Neal Olin Phillips Clementa Pinckney Thomas Rhoad Todd Rutherford Theodore Brown Adam Taylor Jackson Whipper Timothy Wilkes Ralph Canty
Rep. BAILEY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 16.
Rep. WALKER signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 10.
Announcement was made that Dr. Stanley C. Baker of Greenwood 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. 3571 (Word version)
Date: ADD:
03/17/99 HARRELL
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 KELLEY
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 COOPER
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 SEITHEL
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 YOUNG-BRICKELL
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 TAYLOR
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 RODGERS
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 GILHAM
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 HINSON
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 DANTZLER
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 RISER
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 TOWNSEND
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 EDGE
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 CHELLIS
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 LITTLEJOHN
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 DAVENPORT
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 COTTY
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 KOON
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 LEACH
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 HAMILTON
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 HASKINS
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 QUINN
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 SANDIFER
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 CATO
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 MASON
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 R. SMITH
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 CAMPSEN
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 ALTMAN
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 LANFORD
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 ALLISON
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 LUCAS
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 LAW
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 MARTIN
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 GAMBLE
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 KEEGAN
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 WILKINS
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 WEBB
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 MEACHAM
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 MADDOX
Bill Number: H. 3571 (Word version)
Date: ADD:
03/17/99 H. BROWN
Bill Number: H. 3734 (Word version)
Date: REMOVE:
03/17/99 LOFTIS
Rep. H. BROWN moved that when the House adjourns it adjourn to meet at 9:30 A. M. tomorrow, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Part IB.
Reps. TOWNSEND, WALKER and LITTLEJOHN proposed the following Amendment No. 75 (Doc Name bbm\9129mm99.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 400, paragraph 46, beginning on line 17, by striking it in its entirety and inserting:
/46. (SDE: Summer School) Funds appropriated for summer school in Part IA, Section 1, shall be distributed to each local public school district based on the number of students reported as served in accordance with the requirements of Section 59-18-500 and State Board of Education guidelines or regulations, or both, to include summer school or an after school hours year-long comprehensive remediation program which has been approved by the State Board of Education and is designed to address objectives outlined in students' academic plans. Funds shall be allocated to each local public school district using the number of students reported as served and the index of taxpaying ability. The base student cost for summer school or the year-long comprehensive remediation program is $450. Current year appropriations may be expended for EAA summer school 1999 purposes. No local match is required. Beginning school year 1998-99, instruction offered in summer school programs and year-long comprehensive remediation programs must meet the same rigor and standards required for classes taught during the regular school year. The pupil teacher ratio in these programs shall not exceed 25:1 in each classroom for grades K-6, or 30:1 in each classroom for grades 7-12. The length of the school day or extended day and the number of days scheduled for summer school and the year-long comprehensive remediation programs may be determined by local school districts.
Rep. TOWNSEND explained the amendment.
Rep. HARRELL spoke in favor of the amendment.
The amendment was then adopted.
Reps. TOWNSEND, WALKER and LITTLEJOHN proposed the following Amendment No. 76 (Doc Name \h-wm\008\sprassess.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 400, paragraph, line 31, by adding an appropriately numbered paragraph to read: /Of the funds appropriated for the assessment of students in the core academic areas in grades three through eight, the results of the tests administered in the spring of 1999 shall not be used to make judgments about individual students. The data may be used formatively in the development of academic plans. The results for groups of students should be used to familiarize educators with the expectations inherent in the standards movement and to give them an opportunity to examine their curriculum and instruction relative to the standards./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Reps. TOWNSEND, WALKER and LITTLEJOHN proposed the following Amendment No. 78 (Doc Name \h-wm\008\teachrecert.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 400, line 31, by adding an appropriately numbered paragraph to read:
/In an effort to ensure the effective and efficient use of the funding provided by the General Assembly in Part IA, Section 1 X.C. for school technology in the classroom and internet access, teachers must receive instruction pertaining to the integration of technology in teaching and student learning. Therefore, beginning with the
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Reps. VAUGHN, LEACH and LOFTIS proposed the following Amendment No. 87 (Doc Name housedesk\h-wm\008\altschlfees.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 400, line 31, by adding an appropriately numbered paragraph to read:
/The Department of Education is directed to develop a fee schedule for students who are in attendance in Alternative Schools as a last solution because of suspension or expulsion. The fee shall be the difference between the EFA weighting for a High School student and the weighting assigned for an alternative school student if the student is in grade 9-12 or the difference between the EFA weighting for an Elementary Student and the weighting assigned for Alternative school student if the student is in grade 6-8. The fee schedule shall consider the federal poverty income guidelines. The fees collected shall be remitted to the Department of Education to reduce the subsequent year's cost for alternative schools./
Renumber sections to conform.
Amend totals and title to conform.
Rep. VAUGHN explained the amendment.
Rep. WALKER raised a Point of Order that Amendment No. 87 was in violation of Article X, Section 1 of the Constitution of the State of South Carolina and treated different school districts in a different manner.
Rep. VAUGHN continued speaking.
Rep. COTTY spoke against the amendment.
Rep. PINCKNEY spoke against the amendment.
Rep. LUCAS spoke against the amendment.
Rep. VAUGHN spoke in favor of the amendment.
Rep. COTTY moved to table the amendment.
Rep. VAUGHN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bales Barfield Barrett Battle Bauer Beck Bowers Breeland Brown G. Brown J. Brown T. Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Edge Emory Gamble Gilham Gourdine Harris Harrison Harvin Hayes Hines J. Hines M. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kirsh Lanford Law Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Maddox Martin Mason McCraw McGee McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neilson Ott Parks Phillips Pinckney Rhoad Rodgers Rutherford Sandifer Scott Seithel
Sharpe Sheheen Simrill Smith D. Smith F. Smith J. Smith R. Stille Stuart Townsend Trotter Walker Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum
Those who voted in the negative are:
Brown H. Campsen Cato Easterday Fleming Hamilton Harrell Haskins Knotts Koon Leach Loftis Quinn Rice Riser Robinson Tripp Vaughn Young-Brickell
So, the amendment was tabled.
Rep. COBB-HUNTER proposed the following Amendment No. 120.
Amend the bill, as and if amended, Part IB, Section 1, EDUCATION, DEPARTMENT OF, page 400, line 31, by adding an appropriately numbered paragraph to read:
/The Office of General Services of the South Carolina Budget and Control Board shall develop a plan to place State owned computers which have been declared to be surplus property in the public school districts of South Carolina.
The Office of General Services, shall develop a plan in coordination with the South Carolina Department of Education, to target and list the poorest, and most impaired public school districts in South Carolina. The school districts shall receive the State surplus computers at no charge, with the most needy schools being served first. The plan will place all public school districts on a priority list so that all school districts will benefit from this plan at some time.
The Office of General Services will further be directed to study the donation of any other state properties which have been declared surplus
Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER moved to adjourn debate on the amendment, which was agreed to.
Rep. STILLE proposed the following Amendment No. 231 (Doc Name \council\pt\amend\1360sd99.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 400, by adding a new paragraph to be appropriately numbered immediately after paragraph 47:
/ ( ). Any unexpended funds on June 30, 1999, remaining from the appropriation of $125,000 to the Department of Education for Performance Audits (F05) shall be transferred to and used for the Abbeville World Class Education Program. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. STILLE explained the amendment.
Rep. HARRELL spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. T. BROWN proposed the following Amendment No. 230 (Doc Name housedesk\h-wm\008\ntewaiver.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 397, paragraph 26, line 24, after degree, by inserting / or work experience and a college degree,/
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. BROWN explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. T. BROWN spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Those who voted in the affirmative are:
Allen Allison Barfield Barrett Bauer Brown H. Campsen Chellis Cooper Cotty Dantzler Davenport Edge Emory Gamble Gilham Gourdine Harrell Harris Harvin Hawkins Hinson Jennings Keegan Kelley Klauber Knotts Koon Lanford Law Littlejohn Lourie Lucas Martin Mason McGee McLeod M. Neilson Quinn Riser Rodgers Sandifer Sharpe Smith D. Smith J. Smith R. Stille Taylor Townsend Trotter Walker Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Askins Bales Bowers Breeland Brown G. Brown T. Carnell Cato Clyburn Delleney Govan Hamilton Haskins Hayes Hines M. Inabinett Kennedy Kirsh Leach Lee Limehouse Lloyd Loftis Mack Maddox McCraw McLeod W. McMahand Meacham Miller Moody-Lawrence Parks Phillips Rhoad Rice Robinson Rutherford Scott Sheheen
Simrill Smith F. Stuart Vaughn Webb Whipper Wilder
So, the amendment was tabled.
Reps. KNOTTS and WHATLEY proposed the following Amendment No. 266 (Doc Name \KGH\AMEND\15472HTC99), which was adopted.
Amend the bill, as and if amended, Part IB, SECTION 1, page 397, paragraph 26, line 30, by inserting before the period /but not more than three times/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KNOTTS explained the amendment.
The amendment was then adopted.
Reps. DELLENEY and F. SMITH proposed the following Amendment No. 126 (Doc Name\council\bbm\9118som99.doc), which was adopted.
Amend the bill, as and if amended, PART IB, Section 1A-H63, page 402, by adding on line 20, after /./ / Eligibility for the Junior Scholars program is open to any student who meets the requirements of the program, whether the student attends public school or private school; provided however, any private school student is responsible for paying the cost of the qualifying examination and, at the option of the Department of Education, any other costs associated with the program./
Renumber sections to conform.
Amend totals and title to conform.
Rep. DELLENEY explained the amendment.
The amendment was then adopted.
Reps. TOWNSEND and LITTLEJOHN proposed the following Amendment No. 77 (Doc Name housedesk\h-wm\008\natbdcert.doc), which was adopted.
Rep. TOWNSEND explained the amendment.
Rep. WALKER spoke against the amendment.
Rep. MOODY-LAWRENCE spoke in favor of the amendment.
The amendment was then adopted.
Rep. R. SMITH proposed the following Amendment No. 153 (Doc Name housedesk\h-wm\008\aplansdtch.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 1A, Department of Education-EIA, page 402, paragraph 13, line 24, by striking:/1999
/and inserting 2000/
Amend the bill further, as and if amended, Section 1A, Department of Education-EIA, page 402, paragraph 13, line 33, by striking /1999/ and inserting /2000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. R. SMITH explained the amendment.
The amendment was then adopted.
Reps. MILLER, MOODY-LAWRENCE, MADDOX, SCOTT, EMORY, KIRSH, LEE, ALLEN, GOURDINE, LOURIE, BATTLE, J.SMITH, SHEHEEN, RHOAD, HAYES, WILDER, OTT and JENNINGS proposed the following Amendment No. 158 (Doc Name housedesk\h-wm\008\strkjsir.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 1A, Department of Education-EIA, page 409, paragraph 60, lines 18-36 and page 410, line 1, by striking: paragraph 60 in its entirety/
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
Reps. J. SMITH, LOURIE, BATTLE, JENNINGS and ALLEN proposed the following Amendment No. 239, which was tabled: Amend the bill, as and if amended, Part IB, Section, Department of Education-EIA, page 410, paragraph, line 2, by adding an appropriately numbered paragraph to read,
/From the balance of unexpended EIA funds at the end of FY 1998-99, $200,000 must be provided to the School Improvement Council Assistance program./
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. SMITH explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. HARRELL moved to table the amendment.
Rep. J. SMITH demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Beck Brown H. Campsen Cato Chellis Cooper Cotty Dantzler Easterday Edge Fleming Gamble Gilham Hamilton Harrell Haskins Hawkins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas Martin Mason McGee Meacham Rice Robinson Rodgers Sandifer Sharpe Simrill Smith D. Smith R. Stuart Taylor Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown T. Carnell Cobb-Hunter Davenport Delleney Emory Gourdine Harris Harrison Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Kennedy Lee Lloyd Lourie Mack Maddox McCraw McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Quinn Rhoad Riser Rutherford Scott Sheheen Smith F. Smith J. Stille Townsend Whipper Wilder Wilkes
Rep. COBB-HUNTER proposed the following Amendment No. 120, which was tabled.
Amend the bill, as and if amended, Part IB, Section 1, EDUCATION, DEPARTMENT OF, page 400, line 31, by adding an appropriately numbered paragraph to read:
/The Office of General Services of the South Carolina Budget and Control Board shall develop a plan to place State owned computers which have been declared to be surplus property in the public school districts of South Carolina.
The Office of General Services shall develop a plan in coordination with the South Carolina Department of Education to target and list the poorest and most impaired public school districts in South Carolina. The school districts shall receive the State surplus computers at no charge, with the most needy schools being served first. The plan will place all public school districts on a priority list so that all school districts will benefit from this plan at some time.
The Office of General Services will further be directed to study the donation of any other state properties which have been declared surplus and could benefit the educational opportunities of the students in the public school districts of South Carolina./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to.
Rep. COBB-HUNTER proposed the following Amendment No. 277 (Doc Name housedesk\h-wm\010\edu3.doc), which was rejected.
Amend the bill, as and if amended, Part IB, Section 1, EDUCATION, DEPARTMENT OF, page 400, line 31, by adding an appropriately numbered paragraph to read:
/The Office of General Services of the South Carolina Budget and Control Board shall develop a plan to place State owned computers and other property that have been declared to be surplus property in the public school districts of South Carolina.
The Office of General Services, shall develop a plan in coordination with the South Carolina Department of Education, to target and list the poorest, and most impaired public school districts in South Carolina. The school districts shall receive the State surplus computers at no charge, with the most needy schools being served first. The plan will place all public school districts on a priority list so that all school districts will benefit from this plan at some time. However, no school district can benefit twice until any district has had the opportunity to benefit.
The Office of General Services will further be directed to study the donation of any other state properties which have been declared surplus and could benefit the educational opportunities of the students in the public school districts of South Carolina./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. M. HINES spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Brown H. Campsen Cooper Cotty Davenport Edge Fleming Hamilton Harrell Harrison Hawkins Hinson Keegan Kelley Kirsh Klauber Koon Leach Limehouse McLeod M. Meacham Rice Riser Robinson Sandifer Simrill Smith D. Smith R. Taylor Vaughn Walker Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Beck Bowers Breeland Brown J. Canty Carnell Cato Chellis Clyburn Cobb-Hunter Dantzler Delleney Emory Gamble Gourdine Harris Harvin Haskins Hayes Hines J. Hines M. Howard Inabinett Jennings Kennedy Knotts Law Lee Littlejohn Lloyd Lourie Mack Maddox McCraw McGee McLeod W. McMahand Miller Moody-Lawrence Neal Ott Parks Phillips Pinckney Quinn Scott Seithel Smith F. Smith J.
Stille Stuart Tripp Trotter Webb Whatley Wilder
So, the House refused to table the amendment.
Rep. KELLEY spoke against the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. M. MCLEOD spoke against the amendment.
Rep. INABINETT spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown J. Brown T. Canty Carnell Clyburn Cobb-Hunter Delleney Emory Gamble Gourdine Govan Harris Harvin Hayes Hines J. Hines M. Howard Inabinett Jennings Lee Lloyd Lourie Lucas Mack Maddox McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Rutherford Scott Seithel Smith F. Smith J. Trotter Webb Whipper Wilder
Allison Altman Barfield Barrett Bauer Beck Brown H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Fleming Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Littlejohn Loftis Martin Mason McCraw McGee McLeod M. Meacham Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith R. Stille Stuart Taylor Townsend Vaughn Walker Whatley Wilkes Wilkins Woodrum Young-Brickell
So, the amendment was rejected.
Rep. H. BROWN moved that upon the completion of the Ratification of Acts, the House recede until 2:45 P.M., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments to Section 1, Part IB.
At 12:45 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R8) S. 248 (Word version) -- Senators Leatherman and McGill: AN ACT TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS
(R9) S. 294 (Word version) -- Senator Wilson: AN ACT TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION SHALL SUBMIT RECOMMENDATIONS CONCERNING FOSTER CARE POLICIES, PROCEDURES, AND DEFICIENCIES OF AGENCIES TO THE GOVERNOR AS WELL AS TO THE GENERAL ASSEMBLY.
(R10) S. 322 (Word version) -- Senator Holland: AN ACT TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
(R11) S. 355 (Word version) -- Senator Elliott: A JOINT RESOLUTION TO NAME THE RECENTLY COMPLETED BOAT LANDING ON THE WACCAMAW RIVER AT HIGHWAY 9 THE "CHRIS ANDERSON MEMORIAL LANDING AT HIGHWAY 9", TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES SHALL ERECT APPROPRIATE SIGNS FROM LOCALLY GENERATED FUNDING TO DESIGNATE AND NAME THE NEW LANDING AS THE "CHRIS ANDERSON MEMORIAL LANDING AT HIGHWAY 9", AND TO PROVIDE THAT THE DEPARTMENT SHALL ENSURE THAT THE BOAT RAMP IS
(R12) S. 357 (Word version) -- Senators Hayes and Giese: AN ACT TO AMEND SECTION 17-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LAW ENFORCEMENT OFFICER'S JURISDICTION WHEN HE IS IN PURSUIT OF AN OFFENDER, SO AS TO EXPAND THE JURISDICTION OF COUNTY POLICE AUTHORITIES WHEN THEY PURSUE OFFENDERS WHO VIOLATE A COUNTY ORDINANCE OR STATE STATUTE.
(R13) S. 457 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 22, 1999, MISSED BY THE STUDENTS OF TAMASSEE ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R14) S. 498 (Word version) -- Senators McGill and Ravenel: AN ACT TO AMEND ACT 515 OF 1996, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THE DEVOLVED POWERS TO THE DELEGATION FOR ONE ENTITY, THE WACCAMAW REGIONAL PLANNING COUNCIL, AND PROVIDE THAT APPOINTMENTS TO THIS COUNCIL BE MADE ON A ROTATING BASIS BY RESIDENT DELEGATION MEMBERS WITH THE ADVICE AND CONSENT OF THE SENATE.
(R15) S. 562 (Word version) -- Senators Moore, J. Verne Smith, Bryan, Giese, Thomas, Jackson, Short, Alexander, Rankin, O'Dell and McConnell: AN ACT TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE STATE
(R16) H. 3259 (Word version) -- Reps. Chellis, H. Brown, Seithel, Stuart, Edge, R. Smith, Young-Brickell, Cave, Cato, Tripp, Altman, Robinson, Bailey, Barrett, Beck, Dantzler, Fleming, Leach, Hinson, Loftis, Meacham, Sandifer, Riser, Harrell, Witherspoon, Hamilton, Wilkins, Keegan, Kelley, Walker, Rodgers, Neilson, Law, Martin, Webb, Simrill, Limehouse, Gilham, McKay, Govan, Bales, Davenport, Lanford, Sharpe, Knotts, Whatley, Barfield and Lee: A JOINT RESOLUTION TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION OF RETIREMENT INCOME, NOT TO EXCEED THREE THOUSAND DOLLARS A YEAR OF SUCH INCOME, FOR TAXABLE YEARS 1994 THROUGH 1997, FOR TAXPAYERS WHO ELECTED TO DEFER A RETIREMENT INCOME DEDUCTION UNTIL AGE SIXTY-FIVE OR WHO FAILED TO MAKE SUCH AN ELECTION.
(R17) H. 3332 (Word version) -- Reps. Miller, Lanford and W. McLeod: AN ACT TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE, TAXATION, AND DEBT, SO AS TO ALLOW THE STATE TREASURER TO INVEST ENDOWMENT FUNDS DONATED SPECIFICALLY TO STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN EQUITY SECURITIES OF UNITED STATES CORPORATIONS REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH A NATIONAL QUOTATIONS SYSTEM, SUBJECT TO LEGISLATION ENACTED BY THE GENERAL ASSEMBLY WHICH REQUIRES THESE ENDOWMENT FUNDS HELD AND INVESTED BY THE STATE TREASURER TO BE INVESTED PURSUANT TO A PLAN RECOMMENDED BY THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL WHICH MUST BE SUBMITTED TO AND APPROVED BY THE BOARDS OF TRUSTEES OF THE RESPECTIVE COLLEGES AND UNIVERSITIES; AND TO RATIFY AN AMENDMENT TO SECTION 14 OF THIS ARTICLE TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE INCURRENCE OF
(R18) H. 3346 (Word version) -- Reps. Campsen, Harrell, Altman, Inabinett and Whipper: AN ACT TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO AUTHORIZE THE PROVISION, MAINTENANCE, AND SUPERVISION OF A GOLF FACILITY AS A PERMITTED ACTIVITY OF THE DISTRICT, TO REQUIRE THAT THE GOVERNING BODY OF THE DISTRICT MUST CONDUCT OR CONTRACT FOR A FEASIBILITY AND MARKETING STUDY WHICH MUST BE SUBMITTED TO THE COUNTY COUNCIL WHICH MUST APPROVE ANY PLAN TO OPERATE A GOLF FACILITY, TO REQUIRE THE FACILITY TO BE FINANCIALLY SELF-SUSTAINING AND THE FACILITY MUST BE PROVIDED, MAINTAINED, AND SUPERVISED IN CONJUNCTION WITH A PUBLIC INSTITUTION OF HIGHER LEARNING LOCATED IN CHARLESTON COUNTY.
(R19) H. 3360 (Word version) -- Reps. Koon, Harvin, Vaughn and Sharpe: A JOINT RESOLUTION TO ALLOW THE SOUTH CAROLINA FORESTRY COMMISSION TO RETAIN THE REIMBURSEMENTS PAID TO IT BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY THROUGH THE STATE OF FLORIDA, OTHERWISE REQUIRED TO LAPSE TO THE GENERAL FUND OF THE STATE, FOR REPAIRS AND MAINTENANCE TO COMMISSION FIRE PROTECTION EQUIPMENT USED IN THE FLORIDA FOREST FIRE EMERGENCY IN THE SUMMER OF 1998 AND FOR TRAVEL EXPENSES INCURRED IN THAT EMERGENCY.
(R20) H. 3412 (Word version) -- Reps. Davenport, Hawkins, Walker, Allison, D. Smith, Littlejohn and Lee: AN ACT TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT OF SPARTANBURG COUNTY, SO AS TO INCREASE THE FIRE CONTROL BOARD FROM FIVE TO SEVEN MEMBERS.
(R21), H. 3558 (Word version) -- Reps. Bailey, Cobb-Hunter and Young-Brickell: AN ACT TO AMEND ACT 536 OF 1986, AS AMENDED, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO PROVIDE THAT TRUSTEES MUST BE ELECTED AT THE GENERAL ELECTION BEGINNING IN THE YEAR 2000.
(R22) H. 3567 (Word version) -- Reps. Walker, Allison, Davenport, Lanford, Lee, Littlejohn and D. Smith: AN ACT TO AMEND ACT 499 OF 1998, RELATING TO THE DISTRIBUTION OF FOUNDATION MONIES BY THE SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE, SO AS TO PROVIDE THAT THE DISTRIBUTION IS BASED ON THE PREVAILING FUNDING FORMULA UTILIZED DURING THE 1993-94 SCHOOL YEAR.
(R23) H. 3625 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE A SUPPLEMENTAL APPROPRIATION FROM SURPLUS FISCAL YEAR 1997-98 GENERAL FUND REVENUES OF SIXTEEN MILLION DOLLARS TO THE SOUTH CAROLINA STATE PORTS AUTHORITY FOR THE CHARLESTON HARBOR DREDGING PROJECT.
(R24) H. 3639 (Word version) -- Rep. Carnell: AN ACT TO AMEND ACT 727 OF 1990, RELATING TO THE DISTRIBUTION OF ONE MILL OF THE COUNTYWIDE LEVY FOR SCHOOL OPERATING PURPOSES IN GREENWOOD COUNTY TO THE DISTRICT WITH THE LOWEST ASSESSED VALUE, SO AS TO INCREASE THIS DISTRIBUTION TWO MILLS BEGINNING WITH THE 1999-2000 SCHOOL YEAR.
At 2:45 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. J. HINES a leave of absence for the remainder of the day.
Debate was resumed on the following Bill, the pending question being the consideration of amendments to Section 1, Part IB.
Rep. BALES proposed the following Amendment No. 283 (Doc Name housedesk\h-wm\010\bales1.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, pages 393 & 394, paragraph 9, page 393, lines 34 - 36, & page 394, lines 1 - 3, by striking:/ The Provision in it's entirety/
Renumber sections to conform.
Amend totals and title to conform.
Rep. BALES explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. CLYBURN proposed the following Amendment No. 288 (Doc Name housedesk\h-wm\010\edu4.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 1, EDUCATION, DEPARTMENT OF, page 400, paragraph, line 31, by adding an appropriately numbered paragraph to read:
/The Office of General Services of the South Carolina Budget and Control Board shall develop a plan, to place state owned computers that have been declared to be surplus property, in the public school districts of South Carolina.
The Office of General Services, shall develop a plan in coordination with the South Carolina Department of Education, to target and list the poorest, and most impaired public school districts in South Carolina. The school districts shall receive the state surplus computers at no charge, with the most needy schools being served first. The plan will place all public school districts on a priority list so that all school districts will benefit from this plan at some time. However, no school district can benefit twice until all other districts have had the opportunity to benefit.
The Office of General Services will further be directed to study the donation of any other state properties which have been declared surplus
Rep. CLYBURN explained the amendment.
The amendment was then adopted.
Rep. T. BROWN proposed the following Amendment No. 274 (Doc Name housedesk\h-wm\008\ntemaster.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 397, paragraph 26, line 24, after degree, by inserting / or ten years work experience and a masters degree/or higher./
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. BROWN explained the amendment.
The amendment was then adopted.
Section 1 as amended was adopted.
Rep. T. BROWN proposed the following Amendment No. 229 (Doc Name housedesk\h-wm\008\sskprov1.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 410, line 23, by adding an appropriately numbered paragraph to read :
/From funds appropriated in Part IA, Section 1XR, local school innovation funds $100,000 shall be provided to school districts currently declared as Impaired (Districts in the Greatest Need) by the State Board of Education and/or school districts with a 90% free and reduced lunch ratio to conduct "study skills" courses for their students in grades 3-8. Funding shall be distributed equally to the school districts meeting the criteria./
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. BROWN explained the amendment.
Rep. HARRELL moved to table the amendment.
The amendment was then tabled by a division vote of 57 to 18.
Section 1A was adopted.
Section 3 was adopted.
Section 5L was adopted.
Section 14 was adopted.
Section 18 was adopted.
Section 37 was adopted.
Reps. D. SMITH and YOUNG-BRICKELL proposed the following Amendment No.232 (Doc Name \h-wm\005\stateactfun.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 44, State Accident Fund, page 463, line 28, by adding an appropriately numbered paragraph to read:
/The State Accident Fund shall study the feasibility of purchasing excess insurance and the purchase of reinsurance for all open claims that occurred prior to July 1, 1999. The report shall be submitted to the Speaker of the House and the President Pro Tempore by September 1, 1999. The report shall include, but not be limited to, the recommendations regarding the purchase of excess insurance and the purchase of reinsurance for all open claims that occurred prior to July 1, 1999. A cost/benefit analysis shall be included in the report. The State Accident Funds may purchase in accordance with Budget and Control procedures excess insurance or purchase reinsurance for all open claims that occurred prior to July 1, 1999 should the agency find it is in the best interest of the State./
Rep. D. SMITH explained the amendment.
The amendment was then adopted.
Section 44 as amended was adopted.
Rep. MARTIN proposed the following Amendment No. 242 (Doc Name housedesk\council\dka\amend\3320mm99.doc), which was tabled.
Amend the bill, as and if amended, Section 63C-F09-Budget and Control Board, Budget & Analyses Division, Part IB, page 490, lines 1 through 32, by striking paragraph 10 in its entirety and inserting:
/ 10. (BCB/DBA:OHR - Employee Pay) Effective on the first pay date on or after July 1, of the current fiscal year, all current state employees, to include classified employees, unclassified employees, agency heads, legislative employees, judicial employees, and local health care providers, shall receive a base pay increase. The base pay increase amount must be $67 for each completed year of the employee's state service as of July 1, 1999, not to exceed 20 years. For purposes of determining the employee's state service, all employment in a full-time equivalent position must be considered qualifying service. Those state agencies that contract with local health care providers must be responsible for determining the qualifying service for those employees. The appropriation for this base pay increase may be used for payments to employees only in the same ratio as the employee's base salary is paid from appropriated sources. In addition, the B&C Board shall distribute funds appropriated for a 2% increase based on the most recent Employee Performance Appraisal for classified employees to be effective on the employees performance review date, and 2% for all unclassified employees, agency heads, legislative employees, judicial employees, and local health care providers effective on the first pay date that occurs on or after January 1 of the current fiscal year. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. KELLEY explained the amendment.
Section 63C was adopted.
Rep. YOUNG-BRICKELL proposed the following Amendment No. 9 (Doc Name housedesk\h-wm\005\dnadatabase.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 518, paragraph 69, line 5, after Department of Corrections by inserting:
/, the Department of Probation, Parole and Pardon and Department of Juvenile Justice/
Renumber sections to conform.
Amend totals and title to conform.
Rep. YOUNG-BRICKELL explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 71 (Doc Name housedesk\h-wm\011\sclbldgfund.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 520, paragraph 83, line 32, by striking /$20,000,000/ and inserting /$119,000,000//
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Bauer Brown H. Brown J. Cato Chellis Clyburn Cooper Cotty Dantzler Easterday Edge Gamble
Gilham Gourdine Govan Hamilton Harrell Harris Haskins Hawkins Hinson Keegan Kelley Kennedy Klauber Koon Lanford Law Leach Limehouse Loftis Lourie Lucas Martin McCraw McLeod M. Meacham Quinn Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Smith D. Smith R. Taylor Tripp Vaughn Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Beck Bowers Breeland Brown G. Brown T. Cobb-Hunter Davenport Emory Hayes Hines M. Howard Jennings Kirsh Lee Littlejohn Lloyd Maddox Mason McGee McLeod W. Miller Moody-Lawrence Neal Neilson Ott Parks Pinckney Rhoad Rutherford Sheheen Simrill Smith F. Stille Stuart Wilder
So, the amendment was tabled.
Rep. BALES proposed the following Amendment No. 86 (Doc Name housedesk\h-wm\010\buspt1.doc), which was tabled.
Rep. BALES explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Reps. BATTLE, HOWARD, WILDER, KIRSH, BALES, NEAL, COBB-HUNTER propose the following Amendment No. 291 (Doc Name COUNCIL\KGH\AMEND\15474HTC99), which was adopted.
Amend the bill, as and if amended, Part IB, SECTION 72, page 514, paragraph 48, by adding at the end:
/ The first six million dollars of unspent Fiscal Year 1998-99 general fund appropriations above the ten percent set aside pursuant to this paragraph are carried forward and appropriated to the Budget and Control Board to match the contributions of state employees as provided in this paragraph beginning January 1, 2000. Any public employer participating in the South Carolina Deferred Compensation program under Chapter 23, Title 8 of the 1976 Code or any public employer participating in an existing voluntary deferred compensation plan authorized by the Internal Revenue Code of 1986 is authorized to match the first twenty-five dollars of an employee's contributions per month in such a manner as authorized and approved by the South Carolina Deferred Compensation Commission or the authorizing public employer participating in an existing voluntary deferred compensation plan. Appropriations provided for this match will be used only for the purpose of matching the deferred contributions of state funded employees and shall be expended in a manner approved by the Budget and Control Board. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BATTLE explained the amendment.
Rep. WILKES spoke in favor of the amendment.
Rep. KELLEY spoke against the amendment.
Rep. BATTLE spoke in favor of the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Bauer Beck Brown H. Campsen Cato Chellis Cooper Cotty Dantzler Easterday Edge Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Klauber Koon Lanford Law Leach Loftis Mason Meacham Quinn Rice Robinson Rodgers Sandifer Simrill Smith D. Smith R. Stuart Taylor Tripp Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown J. Brown T. Canty Carnell Clyburn Cobb-Hunter Davenport Delleney Emory Gourdine Govan Harris Harvin Hayes Hines M. Howard Jennings Kennedy Kirsh Knotts Lee Littlejohn Lloyd Lourie Lucas Mack Maddox Martin McCraw McGee McLeod M.
McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Riser Rutherford Scott Seithel Sharpe Sheheen Smith F. Smith J. Stille Townsend Trotter Whatley Wilder Wilkes
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Battle Bauer Bowers Breeland Brown J. Brown T. Canty Carnell Clyburn Cobb-Hunter Davenport Delleney Emory Gourdine Govan Harris Harrison Harvin Hawkins Hayes Hinson Howard Inabinett Jennings Kennedy Kirsh Knotts Koon Law Lee Littlejohn Lloyd Lourie Lucas Mack Maddox Martin McCraw McGee McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Quinn Rhoad Riser Rutherford Sandifer Scott Seithel Sheheen
Simrill Smith F. Smith J. Stille Stuart Taylor Townsend Trotter Walker Whatley Wilkes Witherspoon
Those who voted in the negative are:
Allison Barfield Barrett Beck Brown H. Campsen Cato Chellis Cotty Dantzler Easterday Edge Gilham Hamilton Harrell Haskins Keegan Kelley Klauber Lanford Leach Loftis Mason Rice Rodgers Smith D. Smith R. Tripp Vaughn Webb Wilkins Woodrum Young-Brickell
So, the amendment was adopted.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section 72, Amendment No. 291.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). I am a part-time state employee.
Rep. MARGARET GAMBLE
Rep. LANFORD proposed the following Amendment No. 152 (Doc Name housedesk\h-wm\009\nhvideo.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, GP: Coin-Operated Devices, page 520, paragraph 83, line 29, by inserting /and other/ after the word "educational" and adding immediately after line 15 on page 523, an appropriately numbered line and paragraph to read
/ Veteran's Nursing Home 3,500,000
Notwithstanding any other provision of law, funds appropriated for this purpose shall be retained and not expended until an equal or greater amount in private sector match funds has been made available for expenditure. Private sector funds are available for expenditure when a local community guarantees to the State a combination of cash and in-kind property contributions acceptable to the federal government totaling three and one-half million or more dollars. When the State Comptroller General certifies as available three and one-half million or more dollars, the State shall disburse to that local community three and one-half million dollars of state appropriations as the state's share for a veteran's nursing home.
The community that achieves the match for state funds should demonstrate that its application meets all state and federal criteria and standards as set by the United States Department of Veterans Affairs, State Home Construction Program and that its site for the nursing home is based on demonstrated need. Communities seeking these matching funds are encouraged to explore current needs and trends identified by the nursing home industry and as encouraged by the United States Department of Veterans Affairs, including, but not limited to, construction of a new site, the Eden Alternative, special care units for dementia patients, and proximity to an acute care hospital. The location and match package should reflect the philosophy of family involvement and quality of life.
This proviso expires when any community fails to meet the state match requirement by March 1, 2000, whereupon all state funds will revert to the General Fund./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KNOTTS moved to reconsider the vote whereby Amendment No. 291 was adopted and the motion was noted.
Rep. LANFORD explained the amendment.
Rep. LANFORD continued speaking.
Rep. LAW moved to table the amendment.
Rep. LANFORD demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barrett Battle Brown G. Brown H. Campsen Cato Chellis Cotty Delleney Easterday Edge Harrell Haskins Hinson Keegan Kelley Kirsh Koon Law Leach Lucas Mason Meacham Quinn Rice Riser Robinson Sharpe Simrill Smith R. Tripp Trotter Vaughn Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Allison Askins Bales Barfield Bauer Beck Bowers Breeland Brown J. Brown T. Carnell Clyburn Cobb-Hunter Cooper Dantzler Davenport Emory Gamble Gilham Gourdine Govan Hamilton Harris Harrison Harvin Hawkins Hayes Howard Inabinett Jennings Kennedy Klauber
Knotts Lanford Lee Littlejohn Lloyd Lourie Mack Maddox Martin McCraw McGee McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Parks Phillips Pinckney Rhoad Rutherford Sandifer Scott Seithel Sheheen Smith D. Smith F. Smith J. Stille Stuart Taylor Townsend Walker Webb Whatley Whipper Wilder Wilkes
So, the House refused to table the amendment.
The amendment was then adopted.
Rep. LANFORD moved to reconsider the vote whereby Amendment No. 152 was adopted.
Rep. SHEHEEN moved to table the motion to reconsider.
Rep. DAVENPORT demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Bales Barfield Bauer Beck Bowers Breeland Brown J. Brown T. Carnell Clyburn Cobb-Hunter Davenport Emory Gamble Gilham Gourdine Hamilton Harris Harrison Harvin Hawkins Hayes Howard Inabinett Jennings Kennedy Klauber
Knotts Lanford Lee Littlejohn Lloyd Loftis Lourie Mack Maddox Martin Mason McCraw McGee McLeod M. McLeod W. McMahand Moody-Lawrence Neal Ott Parks Phillips Pinckney Quinn Rhoad Rutherford Scott Seithel Sheheen Smith F. Smith J. Smith R. Stille Taylor Townsend Webb Whatley Whipper Wilder
Those who voted in the negative are:
Barrett Brown G. Brown H. Campsen Canty Cato Chellis Cooper Cotty Dantzler Delleney Edge Harrell Haskins Hinson Keegan Kelley Kirsh Koon Law Leach Lucas Meacham Rice Riser Simrill Stuart Tripp Trotter Vaughn Witherspoon Woodrum Young-Brickell
So, the motion to reconsider was tabled.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 203 (Doc Name housedesk\h-wm\009\cfbmoodvid.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, GP: Coin-Operated Devices, page 520, paragraph 83, line 29, insert after the word "educational" /and other/ and add immediately after line 15, page 523 an appropriately named and numbered line to read: Commission for the Blind Radio program 90,000
Renumber sections to conform.
Amend totals and title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. EDGE 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 Barfield Barrett Bauer Beck Brown H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Emory Gamble Gilham Gourdine Hamilton Harrell Harrison Haskins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Littlejohn Loftis Lucas Martin Mason McCraw McLeod M. Meacham Neilson Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Smith D. Smith R. Stille Taylor Townsend Tripp Trotter Vaughn Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Breeland Brown J. Brown T. Clyburn Cobb-Hunter Delleney Govan
Harris Harvin Hayes Howard Inabinett Jennings Kennedy Lanford Lee Lloyd Mack Maddox McGee McLeod W. McMahand Miller Moody-Lawrence Neal Ott Parks Phillips Pinckney Rhoad Rutherford Scott Seithel Sheheen Simrill Smith F. Stuart Walker Whipper Wilkes
So, the amendment was tabled.
Rep. EASTERDAY proposed the following Amendment No. 211 (Doc Name housedesk\h-wm\004\vpoker1b.doc), which was rejected.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 520, paragraph 83, line 29, by inserting:
/Each separate appropriation item or subitem must be fully funded before the next item or subitem in order is paid. Provided, however, any item or subitem may be partially funded in the order in which it appears to the extent that revenues are available./
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
Rep. KNOTTS moved to table the amendment, which was rejected.
Rep. EASTERDAY spoke in favor of the amendment.
The amendment was then rejected.
Rep. STUART proposed the following Amendment No. 240 (Doc Name housedesk\council\dka\amend\3321mm99.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, paragraph 83, page 520, line 32, by striking:
/ School Building Funds $20,000,000/ and inserting:
/ School Building Funds $86,249,801/.
Amend further, Section 72, General and Temporary, paragraph 83, page 522, by striking lines 11 through 35 in their entirety.
Rep. STUART explained the amendment.
Rep. H. BROWN moved to table the amendment.
The amendment was then tabled by a division vote of 40 to 7.
Rep. STUART proposed the following Amendment No. 241 (Doc Name housedesk\council\bbm\amend\9130mm99.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, paragraph 83, page 520, line 32, by striking:
/ School Building Funds $20,000,000/ and inserting:
/ School Building Funds $75,000,000 /.
Amend further, Section 72, General and Temporary, paragraph 83, page 522, by striking lines 11 through 35 in their entirety and inserting:
/(9) Capital Projects $11,249,801 /.
Amend further, Section 72, General and Temporary, paragraph 83, page 523, by striking lines 1 through 15 in their entirety.
Reletter items to conform.
Renumber sections to conform.
Amend totals and title to conform.
Rep. STUART explained the amendment.
The amendment was then tabled by a division vote of 45 to 10.
Reps. J. SMITH, MOODY-LAWRENCE, ALLEN, COBB-HUNTER, CARNELL, MACK, PHILLIPS, SCOTT, RUTHERFORD and GOVAN proposed the following Amendment No. 245 (Doc Name housedesk\h-wm\001\firststeps.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, page 520, paragraph 83, after line 36, by adding a new line to read:
/ (f) first steps $10,000,000/
Rep. J. SMITH explained the amendment.
The amendment was then adopted.
Rep. KNOTTS moved to reconsider the vote whereby Amendment No. 245 was adopted.
Rep. SIMRILL moved to table the motion to reconsider, which was agreed to.
Reps. HOWARD and W. MCLEOD proposed the following Amendment No. 247 (Doc Name housedesk\h-wm\006\pay how2.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General And Temporary, page 520, paragraph 83, line 29, by inserting after "educational": / and other/
Amend further, page 523, paragraph 83, after line 15, by adding an appropriately numbered item to read:
/State Employee Pay- 2% Increase $31,821,540
The 2% base pay increase authorized above shall be distributed to employees in the same manner as provided for in Proviso 63C.10./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HOWARD explained the amendment.
Rep. W. MCLEOD spoke in favor of the amendment.
Rep. HOWARD spoke in favor of the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. HOWARD demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Brown H. Campsen Carnell Cato Chellis
Cooper Cotty Dantzler Delleney Easterday Edge Emory Gilham Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hinson Keegan Kelley Kirsh Klauber Koon Lanford Law Leach Littlejohn Loftis Lourie Lucas Maddox Mason McCraw McGee Meacham Neilson Phillips Quinn Rice Riser Robinson Rodgers Sandifer Sheheen Simrill Smith J. Smith R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bales Bauer Bowers Breeland Brown G. Brown J. Brown T. Canty Clyburn Cobb-Hunter Davenport Gourdine Govan Hayes Howard Inabinett Jennings Lee Lloyd Mack Martin McLeod W. Miller Moody-Lawrence Neal Ott Parks Pinckney Rutherford Smith F. Whatley Whipper Wilder Wilkes
So, the amendment was tabled.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section 72, Amendment No. 247.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). I am a part-time employee of USC.
Rep. MARGARET GAMBLE
Reps. H. BROWN, KEEGAN, CHELLIS, LOURIE, QUINN, J. SMITH, MEACHAM, KNOTTS, YOUNG-BRICKELL, WILKINS, T. BROWN, WHATLEY, SANDIFER, CARNELL, LUCAS, TAYLOR, RODGERS, SIMRILL, ROBINSON, CATO, HARRELL, SCOTT and COBB-HUNTER proposed the following Amendment No. 290 (Doc Name housedesk\h-wm\007\vpcomp.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 520, paragraph 83, line 29, by inserting after "educational purposes"/and tax relief//
Amend the bill further, as and if amended, Section 72, General & Temporary, page 523, paragraph 83, after line 15, by adding:
/(10) additional items (prioritized)
(A) Tax Relief 35,000,000
(B) School Buildings 19,000,000
(C) Aid to CNTY Libraries - 435,000
(D) School Buses, Parts and Fuel 3,000,000
(E) MUSC - Oncology center 7,000,000
(F) USC Sumter - Alice Drive Acquisition 1,050,000
(G) Midlands Tech - Information Technology Center 5,200,000
(H) Trident Tech Industrial/Economic Development Center 3,000,000
(I) SC State - emergency funding and transportation center match 1,900,000
(J) SC State - Deferred Maintenance 4,000,000
1) Newberry Airport Improvement 10,000
2) Saluda Airport Improvement 10,000
(S) Greenwood Learning Center 180,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. H. BROWN explained the amendment.
Rep. H. BROWN spoke in favor of the amendment.
Rep. LITTLEJOHN spoke against the amendment.
Rep. LITTLEJOHN moved to adjourn debate on the amendment.
Rep. KNOTTS moved to table the motion.
Rep. HAWKINS demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Askins Barfield Barrett Bauer Beck Brown H. Campsen Canty Cato Chellis Clyburn Cooper Cotty Dantzler Easterday Gamble Gilham Gourdine Harrell Harris Harrison Haskins Hinson Howard Inabinett Keegan Kelley Kennedy Klauber Knotts Koon Lanford Law Leach Lourie Lucas Mason McLeod M. Neilson Parks Quinn Rice Riser Robinson
Rodgers Rutherford Sandifer Seithel Sharpe Simrill Smith J. Smith R. Taylor Tripp Whatley Wilder Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Bales Battle Bowers Breeland Brown J. Davenport Delleney Emory Hawkins Hayes Jennings Kirsh Littlejohn Lloyd Loftis Mack McGee McLeod W. Meacham Miller Moody-Lawrence Neal Phillips Rhoad Scott Sheheen Smith F. Stille Stuart Trotter Vaughn Walker Webb Whipper Wilkes Witherspoon
So, the motion to adjourn debate was tabled.
Rep. WALKER spoke against the amendment.
Rep. STUART spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. STILLE demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Bales Barfield Barrett Bauer Beck Breeland Brown G. Brown H. Brown J. Brown T. Campsen Canty Cato Chellis Clyburn Cotty
Dantzler Edge Gamble Gilham Gourdine Govan Harrell Harris Harrison Harvin Haskins Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Klauber Knotts Koon Lanford Law Leach Lloyd Lourie Lucas Martin Mason McCraw McLeod M. Meacham Neilson Ott Parks Pinckney Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Simrill Smith J. Smith R. Taylor Townsend Tripp Vaughn Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allison Askins Bailey Bowers Davenport Delleney Easterday Emory Hamilton Hawkins Hayes Kirsh Littlejohn Loftis Maddox McGee McLeod W. Miller Phillips Quinn Rhoad Sheheen Smith D. Stille Stuart Trotter Walker Webb Wilkes
So, the amendment was adopted.
I inadvertently voted against this amendment. I meant to vote in favor of this spending plan that gives over 5 million to Midlands Tech.
Rep. RICK QUINN
Reps. H. BROWN and KEEGAN proposed the following Amendment No. 295 (Doc Name housedesk\h-wm\001\vpschimp.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 520, paragraph 83, lines 28-29, by striking /a separate fund/ and inserting /the School Improvement Fund/
Renumber sections to conform.
Amend totals and title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. ASKINS proposed the following Amendment No. 298 (Doc Name housedesk\council\bbm\amend\9144mm99.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72.83, page 520, by striking line 32 and inserting:
/ (a) School Building Funds $19,150,000 /
Amend the bill further, page 523, by adding at line 16:
/ (nn) Florence County Library
System, Lake City Library $850,000 /
Renumber sections to conform.
Amend totals and title to conform.
Rep. ASKINS explained the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. H. BROWN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 43 to 30.
Rep. KIRSH proposed the following Amendment No. 299 (Doc Name housedesk\h-wm\011\bldgfund100.doc), which was rejected.
Rep. KIRSH explained the amendment.
Rep. HINSON spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Bales Bowers Davenport Emory Kirsh Maddox McGee McLeod W. Miller Moody-Lawrence Phillips Rhoad Sheheen Smith F. Stille Stuart Trotter Walker Webb Wilder Wilkes
Those who voted in the negative are:
Allison Altman Barfield Battle Bauer Beck Brown G. Brown H. Brown T. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Easterday Gamble Gilham Gourdine Hamilton Harris Harrison Harvin Haskins Hawkins Hayes Hinson Jennings Keegan Kennedy Klauber Knotts Koon Lanford Law Leach Lee Littlejohn Lloyd
Loftis Lourie Lucas Mack Martin Mason McCraw McLeod M. Meacham Neal Neilson Ott Parks Pinckney Rice Riser Rodgers Rutherford Sandifer Scott Seithel Sharpe Simrill Smith J. Smith R. Taylor Townsend Whatley Wilkins Woodrum Young-Brickell
So, the amendment was rejected.
Reps. BOWERS, LLOYD, BAILEY, INABINETT, RHOAD and PINCKNEY proposed the following Amendment No. 254 (Doc Name housedesk\wkb\deletefurniture.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72-x90, General and Temporary, page 521, paragraph 83, line 35, by striking /2,275,312/ and inserting /2,135,312/
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOWERS explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. BOWERS demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Beck Brown H. Cato Chellis Clyburn Cooper Dantzler Easterday Edge Fleming Hamilton Harrell Harris
Harrison Haskins Hawkins Hinson Keegan Kelley Klauber Knotts Koon Law Leach Lourie Lucas Martin Mason McCraw Meacham Neilson Quinn Rice Sandifer Seithel Sharpe Simrill Smith J. Smith R. Stille Stuart Taylor Townsend Trotter Vaughn Webb Whatley Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Askins Bales Bowers Breeland Brown G. Cobb-Hunter Emory Gilham Gourdine Govan Harvin Hayes Inabinett Jennings Kirsh Lanford Lee Littlejohn Lloyd Loftis Mack Maddox McGee McLeod M. McLeod W. McMahand Miller Moody-Lawrence Phillips Pinckney Rhoad Riser Rutherford Sheheen Smith F. Walker Whipper Wilder Woodrum
So, the amendment was tabled.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). I am an employee of USC.
Rep. MARGARET GAMBLE
Rep. KIRSH proposed the following Amendment No. 72 (Doc Name housedesk\h-wm\011\clemcolsm.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 522, paragraph 9, line 30, by striking:/6,000,000//
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 73 (Doc Name housedesk\h-wm\011\usc arena.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 522, paragraph 9, line 32, by striking:/5,000,000//
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to.
Reps. LOURIE, SCOTT, HARRISON, BALES, NEAL, COTTY, J. BROWN, RUTHERFORD, QUINN and J. SMITH proposed the following Amendment No. 36 (Doc Name \h-wm\007\midlands.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 523, paragraph 83, line 16, by adding an appropriately numbered paragraph to read:
/(nn) Midlands Tech - Information Technology Center 5,280,000/
Rep. KEEGAN moved to table the amendment, which was agreed to.
Rep. G. BROWN proposed the following Amendment No. 91 (Doc Name housedesk\h-wm\010\voicemail1.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, paragraph 72, after line 18, by adding an appropriately numbered paragraph to read:
/From the funds appropriated to state agencies, state agencies and their departments shall not expend funds for any type of electronic telephone answering device, including but not limited to voice mail or answering machines, during the hours of 8:30 a.m. to 5:00 p.m., Monday through Friday./
Renumber sections to conform.
Amend totals and title to conform.
Rep. G. BROWN explained the amendment.
The amendment was then adopted.
Rep. W. MCLEOD proposed the following Amendment No. 109 (Doc Name housedesk\h-wm\002\separation.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 523, line 18, by inserting an appropriately numbered paragraph to read:
/ 72. (GP: Voluntary separation program/fte Reduction) Based on guidelines established by the Budget and Control Board, state agency directors may develop and implement a voluntary separation program to retarget resources within their agencies to maximize cost effectiveness in accord with their agency's mission. Such programs will include a lump-sum incentive payment the equivalent of one bi-monthly pay period for each year of continuous service with the State, not to exceed $25,000, and must also include payment of the employer's portion of health and dental benefits for eligible employees for a period not to exceed one year. Agencies that participate in the program will have their authorized FTE base reduced by 75% of the FTEs occupied by employees who participate in the program.
Any program developed under this provision will involve voluntary participation from employees and will be funded within
Any payment received by an employee as a result of participation in this program is not a part of the employee's base salary and is not earnable compensation for purposes of employee and employer contributions to respective retirement systems./
Renumber sections to conform.
Amend totals and title to conform.
Rep. W. MCLEOD explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. W. MCLEOD spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Reps. HAYES, JENNINGS, M. HINES and HARRIS proposed the following Amendment No. 151 (Doc Name \h-wm\007\dillon.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, paragraph 83, after line 15, by inserting:
/Dillon County Public Library 1,000,000
The library shall be named the Marion H. Kinon library/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HAYES explained the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to by a division vote of 42 to 38.
Rep. DAVENPORT proposed the following Amendment No. 178 (Doc Name housedesk\h-wm\007\sptbg1.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, paragraph 83, after line 15, by adding an appropriately numbered paragraph to read:
/Add (NN) USC Spartanburg Information Resources Center - $17,000,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 44 to 21.
Reps. HARVIN AND OTT proposed the following Amendment No. 184 (Doc Name housedesk\h-wm\007\1890psa.doc), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, line 18, by adding an appropriately numbered paragraph to read:
/ (GP: Establish S.C. State 1890 PSA) The Budget and Control Board is directed to establish a new entity entitled "S.C. State 1890 Public Service Activities", to follow Clemson PSA in the Budget. The following programs shall be established within this entity:
I. Regulatory Public Service
II. Cooperative Extension
III. Agricultural Research
IV. Leadership
V. Work Force Initiative
VI. Water Quality
VII. Employee Benefits/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARVIN explained the amendment.
Rep. KOON raised the Point of Order that Amendment No. 184 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. COBB-HUNTER argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. KIRSH proposed the following Amendment No. 205 (Doc Name housedesk\h-wm\006\kirshimmun.doc), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 72-90X, page 523, after line 18, by adding an appropriately numbered paragraph to read:
/Notwithstanding any other provision of law: (A) No cause of action including, but not limited to, any civil action or action for declaratory or injunctive relief, may be brought against an immune contractor or an officer or employee of the State or any of its agencies or political subdivisions on the basis that a computer or other information system that is owned or operated by any of those persons or entities produced, calculated, or generated an erroneuous date, regardless of the cause of the error.
(B) Any contract entered into by or on behalf of and in the capacity of the State of South Carolina, an immune contractor, or an officer or employee of the State or any of its agencies or political subdivisions shall include a provision that grants immunity to those persons or entities for any breach of contract that is caused by an erroneous date being produced, calculated, or generated by a computer or other information system that is owned or operated by any of those persons or entities, regardless of the cause of the error.
(C) Any contract subject to this paragraph that is entered into on or after December 31, 1999, has the legal effect of including the immunity required by this paragraph, and any provision of the contract which is in conflict with this paragraph is void.
(D) For purposes of this paragraph:
(1) 'employment' includes any services performed by an immune contractor;
(2) 'immune contractor' means any natural person, professional corporation, professional association, firm, business, partnership, or other entity which is an independent contractor with the State pursuant to the laws of this State."
(E) This paragraph takes effect January 1, 2000./
Rep. LUCAS raised a Point of Order that Amendment No. 205 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. KIRSH argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Reps. SIMRILL, HASKINS and ROBINSON proposed the following Amendment No. 209 (Doc Name h-wm\002\chemabort.doc):
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 523, paragraph, line 18, by adding an appropriately numbered paragraph to read:
/No state funds will be expended on any birth control methods which induce chemical abortions./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SIMRILL explained the amendment.
Rep. SIMRILL moved to adjourn debate on the amendment, which was agreed to.
Reps. EASTERDAY and CAMPSEN proposed the following Amendment No. 212 (Doc Name council\bbm\amend\9145mm99.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72 -X90-General Temporary, page 522, paragraph 83, by inserting after line 9:
/ (8)(a) Funding of Tax Credit for School Tuition or Equipment pursuant to Section 12-6-3505 $100,000,000 /
Amend the bill further, Part IB, Section 72 -X90-General Temporary, page 522, by adding an appropriately numbered item after line 9, by adding:
/ __. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3505. Beginning taxable year 1999, a resident individual taxpayer who (1) pays K-12 school tuition on behalf of a dependent claimed by the taxpayer on the taxpayer's federal income tax return, or (2) purchases computer hardware, education
Rep. EASTERDAY explained the amendment.
Rep. T. BROWN raised a Point of Order that Amendment No. 212 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. EASTERDAY argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. EASTERDAY continued speaking.
Rep. LITTLEJOHN spoke in favor of the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. EASTERDAY demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bales Barfield Battle Bauer Beck Breeland Brown H. Brown J. Carnell Chellis Clyburn Cobb-Hunter Cotty Dantzler Delleney Edge Emory Fleming Gamble Gourdine Harrell Harrison Harvin Hayes Hinson Inabinett Keegan Kelley
Kennedy Kirsh Knotts Koon Lanford Law Lee Lloyd Lourie Mack McCraw McLeod M. McMahand Meacham Moody-Lawrence Neal Neilson Ott Parks Phillips Quinn Riser Rodgers Rutherford Sandifer Scott Seithel Sharpe Simrill Smith R. Stuart Taylor Trotter Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Altman Barrett Bowers Campsen Cato Cooper Davenport Easterday Gilham Hamilton Harris Haskins Hawkins Klauber Littlejohn Loftis Lucas Maddox Martin Mason McGee McLeod W. Miller Rice Sheheen Smith D. Stille Townsend Tripp Vaughn Walker Woodrum
So, the amendment was tabled.
Rep. W. MCLEOD proposed the following Amendment No. 233 (Doc Name housedesk\h-wm\006\tuitwalt.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, paragraph 83, line 16, by adding an appropriately numbered paragraph to read:
/Tuition Grants - $611,600/
Rep. W. MCLEOD explained the amendment.
Rep. HAWKINS spoke in favor of the amendment.
Rep. SIMRILL spoke in favor of the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. HAWKINS demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Barfield Barrett Bauer Brown H. Chellis Clyburn Cooper Dantzler Easterday Edge Fleming Gilham Hamilton Harrell Harrison Haskins Hinson Howard Kelley Kirsh Koon Law Leach Lourie McCraw Moody-Lawrence Neilson Quinn Rice Riser Robinson Rodgers Sandifer Smith J. Smith R. Tripp Trotter Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allison Altman Askins Bailey Bales Battle Beck Bowers Breeland Brown G. Brown J. Brown T. Campsen Carnell Cato Cobb-Hunter Cotty Davenport Delleney Emory Gamble Gourdine Govan Harris Harvin Hawkins Hayes
Inabinett Jennings Kennedy Klauber Knotts Lee Littlejohn Lloyd Loftis Lucas Mack Maddox Martin Mason McGee McLeod W. McMahand Meacham Miller Neal Ott Parks Phillips Pinckney Rhoad Rutherford Scott Seithel Sharpe Sheheen Simrill Smith D. Smith F. Stille Stuart Taylor Townsend Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
I inadvertently voted to table Amendment 233 Part IB, Section 72 thinking that it was a straight up vote. I would have voted not to table it.
Rep. ANDRE BAUER
Rep. F. SMITH moved that the House do now adjourn, which was agreed to.
Rep. J. SMITH moved to reconsider the vote whereby Section 56C was adopted, Part IA and the motion was noted.
Rep. H. BROWN moved to reconsider the vote whereby Part IB, Sections I, IA, 3, 5L, 14, 18, 37, 44, 63C were adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments to Section 72, Part IB.
At 7:20 P. M. the House in accordance with the motion of Rep. F. SMITH adjourned to meet at 9:30 A. M. tomorrow.
This web page was last updated on Friday, June 26, 2009 at 9:26 A.M.