Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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| Printed Page 3140, Mar. 9 | Printed Page 3160, Mar. 9 |

Printed Page 3150 . . . . . Wednesday, March 9, 1994

MOTION NOTED

Rep. JASKWHICH moved to reconsider the vote whereby Amendment No. 93 was adopted to Section 26, Part IB and the motion was noted.

Rep. BOAN moved that the House recede until 1:45 P.M., which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.

THE HOUSE RESUMES

At 1:45 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

H. 4820--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of amendments, Section 19.

H. 4820

GENERAL APPROPRIATION BILL

SECTION 19--ADOPTED

Debate was resumed on Section 19.

Reps. WALKER, ALLISON, BEATTY, TOWNSEND, LITTLEJOHN, DAVENPORT, SHARPE, COOPER, LANFORD, CHAMBLEE and WELLS proposed the following Amendment No. 80 (Doc Name L:\h-wm\legis\amend\FR.010), which was tabled.
Amend the bill, as and if amended, Part IA, Section 19, Department of Education, Page 260, Line 28, opposite /Educ Fin Act/ by increasing the amounts in columns (5) and (6) by /$17,787,469/

Renumber sections & amend totals/title to conform.

Rep. WALKER explained the amendment.

Rep. McTEER spoke against the amendment.

Rep. WALKER spoke in favor of the amendment.

Rep. McTEER moved to table the amendment.


Printed Page 3151 . . . . . Wednesday, March 9, 1994

Rep. WALKER demanded the yeas and nays, which were taken resulting as follows:
Yeas 83; Nays 28

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Askins
Bailey, J.       Baker            Barber
Baxley           Boan             Breeland
Brown, G.        Brown, H.        Brown, J.
Byrd             Canty            Carnell
Clyborne         Delleney         Felder
Fulmer           Gamble           Gonzales
Govan            Graham           Hallman
Harrell          Harrelson        Harris, J.
Harris, P.       Harrison         Haskins
Hines            Hodges           Holt
Houck            Inabinett        Jaskwhich
Jennings         Keegan           Kelley
Keyserling       Kinon            Kirsh
Klauber          Koon             Law
Marchbanks       Mattos           McAbee
McCraw           McElveen         McKay
McLeod           McMahand         McTeer
Meacham          Moody-Lawrence   Neal
Quinn            Rhoad            Richardson
Rogers           Scott            Sheheen
Shissias         Simrill          Smith, R.
Spearman         Stoddard         Stuart
Tucker           Vaughn           Waites
Waldrop          Wells            Whipper
White            Wilder, J.       Wilkes
Williams         Wofford          Worley
Young, A.        Young, R.

Total--83

Those who voted in the negative are:

Allison          Anderson         Cato
Chamblee         Cooper           Corning
Davenport        Elliott          Fair
Harvin           Harwell          Kennedy

Printed Page 3152 . . . . . Wednesday, March 9, 1994

Littlejohn       Neilson          Phillips
Riser            Robinson         Rudnick
Smith, D.        Stille           Stone
Thomas           Townsend         Trotter
Walker           Wilder, D.       Witherspoon
Wright

Total--28

So, the amendment was tabled.

Rep. McTEER explained the section.

Section 19 was adopted.

PART IB

SECTION 3--AMENDED AND ADOPTED

Debate was resumed on Section 3.

Rep. KIRSH proposed the following Amendment No. 127 (Doc Name L:\h- wm\legis\amend\TMR.025), which was adopted. Amend the bill, as and if amended, Part IB, Section 3, Legislature, Page 513, Paragraph 57, by striking the entire paragraph except for lines 35-40 which read /The missions of each state agency will be submitted to the General Assembly in the Governor's Budget Report for Fiscal Year 1995-96. Notwithstanding Section 1-30-10(H) of the Restructuring Act, the Fiscal Year 1995-96 Appropriations Bill will be the document in which the General Assembly approves the missions of state agencies./

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Reps. HUTSON, VAUGHN, CLYBORNE, WILKINS, A. YOUNG and MARCHBANKS proposed the following Amendment No. 98 (Doc Name L:\h-wm\legis\amend\DC.ZBB), which was adopted. Amend the bill, as and if amended, Part IB, Section 3, Legislative Dept., Page 514, Line 29, by adding an appropriately numbered paragraph to read /During FY 94-95 the General Assembly, including its appropriate


Printed Page 3153 . . . . . Wednesday, March 9, 1994

standing committees, shall use a `zero-base' budget process in the preparation of the General Appropriation Bill for FY 95-96/

Renumber sections & amend totals/title to conform.

Rep. HUTSON explained the amendment.

Rep. KIRSH spoke against the amendment.

Rep. HUTSON spoke in favor of the amendment.

Rep. MARCHBANKS spoke in favor of the amendment.

The amendment was then adopted.

Rep. DAVENPORT proposed the following Amendment No. 206 (Doc Name L:\h-wm\legis\amend\FF.015), which was tabled. Amend the bill, as and if amended, Part IB, Section 3, Legislative, Page 514, by inserting a new paragraph to read: /From the funds provided herein, the Legislative Audit Council is directed to conduct a series of investigative audits to determine whether tenured employees in the higher education system are working productively for at least the minimum required hours per week. The study must further determine whether tenured employees continue to perform at a high level of achievement after their tenure is granted and whether low performing employees at higher pay levels are required to be kept in the system regardless of their performance. The study must further determine whether the tenure system ensures that employees show continuous improvement and academic growth. The study must further determine whether a tenure system prevents the needed flexibility to provide for ever changing educational course demands. To ensure that a factual basis is available for the time on task portion of this analysis, tenured employees are required to keep detailed timesheets showing for each date, by hour, the work that was performed. These timesheets must be available monthly or as needed at the convenience of the auditors. Each timesheet must carry a signed certification by the tenured employee that the information contained therein is true and correct. Notwithstanding any provision of law, regulation, policy, or procedure, failure to provide accurate information or the provision of false information on these timesheets shall constitute the sole basis for the termination of the employee. Within 90 days after the end of each quarter the Legislative Audit Council must provide a quarterly report to the State Reorganization Commission and the State Reorganization Commission shall subject each report to the full compliance review process./

Renumber sections & amend totals/title to conform.


Printed Page 3154 . . . . . Wednesday, March 9, 1994

Rep. DAVENPORT explained the amendment.

Rep. McTEER moved to table the amendment.

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

Yeas 55; Nays 53

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Anderson
Askins           Bailey, J.       Barber
Baxley           Boan             Breeland
Brown, H.        Brown, J.        Byrd
Delleney         Elliott          Felder
Gamble           Govan            Graham
Harrelson        Harris, J.       Harvin
Harwell          Holt             Houck
Inabinett        Jennings         Kennedy
Keyserling       Kinon            Law
Mattos           McAbee           McCraw
McMahand         McTeer           Moody-Lawrence
Rhoad            Robinson         Rogers
Rudnick          Scott            Sheheen
Shissias         Spearman         Stoddard
Stuart           Tucker           Waites
Waldrop          Whipper          White
Wilder, D.       Wilder, J.       Wilkes
Williams

Total--55

Those who voted in the negative are:

Allison          Bailey, G.       Baker
Beatty           Brown, G.        Cato
Chamblee         Clyborne         Cooper
Corning          Cromer           Davenport
Fair             Fulmer           Gonzales
Hallman          Harrell          Harris, P.
Harrison         Haskins          Hines
Hutson           Jaskwhich        Keegan
Kelley           Kirsh            Klauber
Koon             Lanford          Littlejohn

Printed Page 3155 . . . . . Wednesday, March 9, 1994

McLeod           Meacham          Neilson
Phillips         Quinn            Richardson
Riser            Sharpe           Simrill
Smith, D.        Smith, R.        Stille
Stone            Sturkie          Thomas
Townsend         Trotter          Vaughn
Walker           Wilkins          Wright
Young, A.        Young, R.

Total--53

So, the amendment was tabled.

Section 3 as amended was adopted.

MOTION NOTED

Rep. ROBINSON moved to reconsider the vote whereby Amendment No. 206 in Section 3 was tabled and the motion was noted.

SECTION 11--ADOPTED

Debate was resumed on Section 11.

Section 11 was adopted.

SECTION 17G--AMENDED AND ADOPTED

Debate was resumed on Section 17G.

Rep. BEATTY proposed the following Amendment No. 148 (Doc Name L:\council\legis\amend\GJK\20601SD.94), which was adopted.

Amend the bill, as and if amended, Part IB , Section 17G, Paragraph 6, which begins on line 26, page 530, in the right-hand column, by striking /the Clemson University Division of Agriculture and Natural Resources/ and inserting /any state-supported college, university, or technical college/

Renumber sections & amend totals/title to conform.

Rep. BEATTY explained the amendment.

The amendment was then adopted.


Printed Page 3156 . . . . . Wednesday, March 9, 1994

Rep. KIRSH proposed the following Amendment No. 1 (Doc Name L:\h- wm\legis\amend\DC.17G), which was rejected.

Amend the bill, as and if amended, Part 1B, Section 17G, Division of Budget and Analysis, Page 533, Paragraph 25, Line 1, by striking the paragraph in its entirety and inserting /the amounts appropriated to the Budget and Control Board for Base Pay Increase must be allocated by the Board to various state agencies to provide pay increases for employees in accordance with the following plan:

A. Effective on the first pay date which occurs on or after July 1, of the current fiscal year, the compensation of all employees shall be increased by 3.25% on the first $25,000 of their current salary.

B. In addition, effective on the first pay date which occurs on or after July 1, of the current fiscal year, a one-time base pay increase shall be awarded to all employees in the following percentage amounts:

(1) Employees with less than one year of service in their current job as of July 1, 1994 will receive no increase.

(2) Employees with at least one and less than three years of service in their current job as of July 1, 1994 will receive a .5% increase.

(3) Employees with at least three and less than five years of service in their current job as of July 1, 1994 will receive a 1% increase.

(4) Employees with five or more years of service in their current job as of July 1, 1994 will receive a 1.5% increase.

Such increases shall be limited to the maximum of an employee's salary range/

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. BOAN spoke against the amendment.

Reps. HARWELL and HARRELSON spoke in favor of the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 40; Nays 74

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Bailey, J.       Baker            Barber
Boan             Brown, H.        Carnell
Cato             Clyborne         Gamble
Harrell          Harris, J.       Harris, P.

Printed Page 3157 . . . . . Wednesday, March 9, 1994

Haskins          Hodges           Holt
Jaskwhich        Keegan           Kinon
Koon             Law              Marchbanks
Martin           Mattos           McAbee
McCraw           McLeod           McMahand
McTeer           Rogers           Rudnick
Sheheen          Tucker           Vaughn
Waites           Wells            Wilder, D.
Wofford

Total--40

Those who voted in the negative are:

Anderson         Bailey, G.       Baxley
Breeland         Brown, G.        Brown, J.
Byrd             Canty            Chamblee
Cobb-Hunter      Cooper           Corning
Cromer           Davenport        Delleney
Elliott          Fair             Farr
Fulmer           Gonzales         Govan
Graham           Hallman          Harrelson
Harrison         Harwell          Hines
Houck            Huff             Hutson
Inabinett        Jennings         Kelley
Kennedy          Keyserling       Kirsh
Klauber          Lanford          Littlejohn
McElveen         Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Quinn            Rhoad            Richardson
Riser            Robinson         Scott
Shissias         Simrill          Smith, D.
Smith, R.        Snow             Spearman
Stille           Stoddard         Stone
Stuart           Thomas           Townsend
Trotter          Waldrop          Walker
Whipper          White            Wilkes
Wilkins          Williams         Worley
Wright           Young, A.

Total--74

Printed Page 3158 . . . . . Wednesday, March 9, 1994

So, the House refused to table the amendment.

Rep. BOAN moved to adjourn debate upon the amendment, which was rejected.

Reps. McABEE and CLYBORNE spoke against the amendment.

Reps. KIRSH and NEAL spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 54; Nays 62

Those who voted in the affirmative are:

Alexander, T.C.  Anderson         Bailey, G.
Breeland         Brown, J.        Byrd
Canty            Cobb-Hunter      Cooper
Cromer           Davenport        Elliott
Fair             Farr             Gonzales
Govan            Graham           Harrelson
Harwell          Hines            Houck
Huff             Hutson           Inabinett
Kennedy          Keyserling       Kirsh
Klauber          Lanford          Littlejohn
McMahand         Moody-Lawrence   Neal
Neilson          Phillips         Rhoad
Robinson         Scott            Smith, D.
Smith, R.        Snow             Spearman
Stille           Stoddard         Stone
Stuart           Townsend         Waldrop
Whipper          White            Wilder, D.
Wilder, J.       Wilkes           Williams

Total--54

Those who voted in the negative are:

Alexander, M.O.  Allison          Askins
Bailey, J.       Baker            Barber
Baxley           Boan             Brown, H.
Carnell          Cato             Chamblee
Clyborne         Corning          Delleney
Fulmer           Hallman          Harrell

Printed Page 3159 . . . . . Wednesday, March 9, 1994

Harris, J.       Harris, P.       Harrison
Haskins          Hodges           Holt
Jaskwhich        Jennings         Keegan
Kelley           Kinon            Koon
Law              Marchbanks       Martin
Mattos           McAbee           McCraw
McElveen         McKay            McLeod
McTeer           Meacham          Quinn
Richardson       Riser            Rogers
Rudnick          Sharpe           Sheheen
Shissias         Simrill          Trotter
Tucker           Vaughn           Waites
Walker           Wells            Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.

Total--62

So, the amendment was rejected.

Rep. BOAN proposed the following Amendment No. 15 (Doc Name L:\h- wm\legis\amend\17G.PAY), which was adopted.

Amend the bill, as and if amended, Part 1B, Section 17G, Division of Budget and Analysis, Page 533, Paragraph 25, Line 9, right column, by striking /"pay ranges/" and inserting /"minimum of the pay ranges"/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. CLYBORNE proposed the following Amendment No. 228 (Doc Name L:\council\legis\amend\DKA\3296SD.94), which was tabled.

Amend the bill, as and if amended, Part IB, Temporary Provisions, Section 17G - Division of Budget and Analyses, by striking paragraph 38 which begins on page 535 and inserting:

/38. OSB - Cost Reduction Goal) It is hereby declared that a long term goal of the General Assembly is to reduce the cost of state government. Permanent reductions are to be achieved through: 1) legitimate cost savings measures; 2) gains in program efficiency and effectiveness; 3) increased use of other funding sources; 4) elimination or reduction of lower priority programs. To the extent practicable, reductions are to be


Printed Page 3160 . . . . . Wednesday, March 9, 1994

implemented without reductions in direct services. The following appropriations are not subject to the reduction requirement: Capital Reserve Fund, Debt Service, Aid to Subdivisions, Direct Aid to School Districts (Program XIII), Distributions to School Districts for School Bus Drivers, School Bus Operating Expenses and Bus Shop Salaries, Other Operating Expenses for Textbooks and Audio-Visual Supplies, Higher Education Tuition Grants Commission, Prosecution Coordination Commission, the Department of Corrections, State Law Enforcement Division (Office of the Governor), and the Department of Public Safety. For the current fiscal year, annual general fund appropriations must be reduced for all state agencies by graduated percentages distributed in thirds based on each agencies ranking according to the FY 94-95 initial allocation of funds (with ranking accounting for deductions accomplished by the exemptions) as follows: for those agencies ranked in the first one-third of all agencies: a reduction of 1.65%; for those agencies ranked in the middle one-third of all agencies: a reduction of 1.4%; for those agencies ranked in the final one-third of all agencies: a reduction of .75%.


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