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

Page Finder Index

| Printed Page 3150, Mar. 9 | Printed Page 3170, Mar. 9 |

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

All agencies and institutions are to submit cost reduction plans to the Division of Budget and Analyses - Office of State Budget before October 1, 1994. The plan should include a list of which programs were reduced, by how much, and a brief description of how the reduction was accomplished and the projected impact on services. The plan should also include recommendations for statutory changes or further regulatory reform which would allow agencies to accomplish permanent cost reductions./

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Rep. CLYBORNE explained the amendment.

Rep. BOAN moved to table the amendment.

Rep. CLYBORNE demanded the yeas and nays, which was not ordered.

The amendment was then tabled by a division vote of 77 to 32.

Rep. ROBINSON proposed the following Amendment No. 110 (Doc Name L:\h- wm\legis\amend\DC.018), which was tabled.

Amend the bill, as and if amended, Part IB, Section 17G, B&CB-Div. of Budget and Analysis, Page 536, Paragraph 39, Line 30, by inserting a new line after /position./ to read: /Employees reassigned based on this provision shall be paid at the salary of the new position rather than the salary of their prior position./

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Printed Page 3161 . . . . . Wednesday, March 9, 1994

Rep. ROBINSON explained the amendment.

LEAVE OF ABSENCE

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

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

Reps. WILKINS and HODGES proposed the following Amendment No. 30 (Doc Name L:\h- wm\legis\amend\DC.SCS), which was adopted.

Amend the bill, as and if amended, Part IB, Section 17G, Division of Budget and Analyses, Page 536, Paragraphs 39 and 40, Line 23, by deleting the paragraph in its entirety.

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Rep. WILKINS explained the amendment.

The amendment was then adopted.

Rep. McABEE proposed the following Amendment No. 281 (Doc Name L:\h- wm\legis\amend\CJ.060), which was adopted.

Amend the bill, as and if amended, Part IA, Section 17G, Page 530, Paragraph 6, Line 26, by striking the Amendment number /148/ and inserting /however, that whenever the Clemson University Division of Agriculture and Natural Resources is required by law or legislative intent to grant a salary increase to its employees, the State Budget shall include such additional funds as may be necessary to fully fund such a salary increase, regardless of the source of the employee's base salary. Provided however, that education and general employees (excluding federal and auxiliary funded employees) of the colleges, universities and technical colleges will be exempted from this ratio requirement./

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Rep. McABEE explained the amendment.

Rep. BEATTY spoke against the amendment.

Rep. MOODY-LAWRENCE moved to table the amendment.

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

Yeas 41; Nays 61



Printed Page 3162 . . . . . Wednesday, March 9, 1994

Those who voted in the affirmative are:
Allison          Anderson         Beatty
Breeland         Brown, J.        Byrd
Cato             Cobb-Hunter      Davenport
Farr             Govan            Harrelson
Hines            Huff             Inabinett
Kelley           Keyserling       Kirsh
Lanford          Littlejohn       Martin
McElveen         McMahand         Meacham
Moody-Lawrence   Neal             Quinn
Richardson       Rudnick          Scott
Sheheen          Simrill          Smith, R.
Stille           Walker           Whipper
White            Williams         Wofford
Worley           Young, A.

Total--41

Those who voted in the negative are:

Alexander, T.C.  Askins           Bailey, G.
Baker            Barber           Baxley
Boan             Brown, H.        Carnell
Chamblee         Clyborne         Cooper
Corning          Delleney         Elliott
Fair             Felder           Fulmer
Gamble           Graham           Hallman
Harrell          Harris, J.       Harris, P.
Harvin           Harwell          Haskins
Houck            Jennings         Keegan
Kennedy          Kinon            Koon
Law              Marchbanks       Mattos
McAbee           McCraw           McKay
McLeod           McTeer           Phillips
Rhoad            Riser            Robinson
Rogers           Shissias         Snow
Spearman         Stone            Townsend
Trotter          Tucker           Vaughn
Wells            Wilder, D.       Wilder, J.

Printed Page 3163 . . . . . Wednesday, March 9, 1994

Wilkes           Wilkins          Witherspoon
Wright

Total--61

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 70; Nays 30

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Askins
Bailey, G.       Bailey, J.       Baker
Barber           Baxley           Boan
Brown, H.        Carnell          Cato
Chamblee         Clyborne         Cooper
Corning          Cromer           Elliott
Fair             Felder           Fulmer
Gamble           Graham           Harrell
Harrelson        Harris, J.       Harris, P.
Harrison         Harvin           Harwell
Haskins          Holt             Hutson
Jennings         Keegan           Kennedy
Kinon            Koon             Law
Marchbanks       Mattos           McAbee
McCraw           McKay            McLeod
McTeer           Meacham          Neilson
Rhoad            Richardson       Riser
Robinson         Rogers           Shissias
Snow             Spearman         Stone
Stuart           Sturkie          Townsend
Trotter          Tucker           Vaughn
Wells            Wilder, D.       Wilder, J.
Wilkins          Witherspoon      Worley
Wright

Total--70

Printed Page 3164 . . . . . Wednesday, March 9, 1994

Those who voted in the negative are:
Anderson         Beatty           Breeland
Brown, J.        Byrd             Delleney
Farr             Govan            Hines
Inabinett        Kelley           Keyserling
Kirsh            Lanford          Littlejohn
McMahand         Moody-Lawrence   Neal
Phillips         Rudnick          Scott
Sheheen          Simrill          Smith, R.
Stille           Walker           Whipper
Williams         Wofford          Young, A.

Total--30

So, the amendment was adopted.

Reps. GAMBLE, PHILLIPS, STUART, CROMER, SHISSIAS and McCRAW proposed the following Amendment No. 70 (Doc Name L:\council\legis\amend\GJK\20583SD.94), which was adopted.

Amend the bill, as and if amended, Part IB, by adding the following immediately after Section 17G, which begins on page 529:

/Section 17L. - Office of Insurance Services

The Budget and Control Board shall direct the Office of Insurance Services to develop a prevention component to the health insurance plan for state employees, retirees, and teachers./

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Rep. GAMBLE explained the amendment.

The amendment was then adopted.

Section 17G as amended was adopted.

SECTION 18--ADOPTED

Debate resumed on Section 18A.

Section 18A was adopted.

SECTION 18B--ADOPTED

Debate was resumed on Section 18B.

Section 18B was adopted.


Printed Page 3165 . . . . . Wednesday, March 9, 1994

SECTION 18K--ADOPTED

Debate was resumed on Section 18K.

Section 18K was adopted.

SECTION 18M--ADOPTED

Debate was resumed on Section 18M.

Section 18M was adopted.

SECTION 18N--ADOPTED

Debate was resumed on Section 18N.

Section 18N was adopted.

SECTION 19--AMENDED AND ADOPTED

Debate was resumed on Section 19.

Reps. GAMBLE, PHILLIPS, CROMER, STUART and SHISSIAS proposed the following Amendment No. 73 (Doc Name L:\council\legis\amend\GJK\20584SD.94), which was adopted.

Amend the bill, as and if amended, Part IB, SECTION 19, which begins on page 544, by adding an appropriately numbered paragraph to read:

/ . A school district, in its discretion, may use Critical Teaching Needs (CTN) funds for the purpose of training teachers in Conflict Resolution Methods Appropriate for classroom instruction./

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Rep. GAMBLE explained the amendment.

Rep. LAW moved to table the amendment.

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

Yeas 4; Nays 97

Those who voted in the affirmative are:

Davenport        Law              Littlejohn
Vaughn

Total--4

Printed Page 3166 . . . . . Wednesday, March 9, 1994

Those who voted in the negative are:
Alexander, T.C.  Anderson         Bailey, G.
Baker            Barber           Baxley
Boan             Breeland         Brown, G.
Brown, H.        Byrd             Cato
Chamblee         Cobb-Hunter      Cooper
Corning          Cromer           Delleney
Elliott          Fair             Farr
Felder           Fulmer           Gamble
Gonzales         Govan            Graham
Hallman          Harrell          Harrelson
Harris, J.       Harris, P.       Harrison
Harvin           Harwell          Haskins
Hines            Hodges           Holt
Houck            Huff             Hutson
Inabinett        Jennings         Keegan
Kennedy          Keyserling       Kinon
Kirsh            Koon             Lanford
Marchbanks       Martin           Mattos
McCraw           McLeod           McMahand
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Quinn
Rhoad            Richardson       Riser
Robinson         Rudnick          Scott
Sharpe           Sheheen          Shissias
Simrill          Smith, R.        Snow
Spearman         Stille           Stone
Stuart           Sturkie          Thomas
Townsend         Trotter          Tucker
Waites           Walker           Whipper
White            Wilder, J.       Wilkes
Wilkins          Williams         Witherspoon
Wofford          Worley           Wright
Young, A.

Total--97

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.


Printed Page 3167 . . . . . Wednesday, March 9, 1994

MOTION NOTED

Rep. RUDNICK moved to reconsider the vote whereby Amendment No. 1 was rejected in Section 17G, Part IB and the motion was noted.

Reps. GAMBLE, SHISSIAS and PHILLIPS proposed the following Amendment No. 149 (Doc Name L:\council\legis\amend\GJK\20599SD.94), which was ruled out of order.

Amend the bill, as and if amended, Part IB, SECTION 19, which begins on page 544, by adding an appropriately numbered paragraph to read:

/ . School districts may require their employees to share in the cost of enrolling in courses funded through the Critical Teaching Needs Program in an amount not to exceed twenty-five percent of the cost of enrollment./

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Rep. GAMBLE explained the amendment.

POINT OF ORDER

Rep. INABINETT raised the Point of Order that Amendment No. 149 was out of order as it was not germane.

Rep. GAMBLE argued contra the Point.

The SPEAKER stated that it did not relate to money and he sustained the Point of Order and ruled the amendment out of order.

Rep. McTEER proposed the following Amendment No. 182 (Doc Name L:\h- wm\legis\amend\TMR.031), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, SDE, Page 545, Paragraph 15, Line 44, by striking /contractual services/

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Rep. McTEER explained the amendment.

The amendment was then adopted.

Rep. WELLS proposed the following Amendment No. 56 (Doc Name L:\h- wm\legis\amend\CJ.ST), which was adopted.

Amend the bill, as and if amended, Part 1B, Section 19, Education, Page 546, Paragraph 20, Line 39, by adding after /"purchase bus parts."/ the word /of/


Printed Page 3168 . . . . . Wednesday, March 9, 1994

Amend further, Line 40, by striking in the right column /"buses"/ and inserting after "lease purchase of" /student transport vehicles/

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Rep. WELLS explained the amendment.

The amendment was then adopted.

Rep. McTEER proposed the following Amendment No. 181 (Doc Name L:\h- wm\legis\amend\TMR.030), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, SDE, Page 548, Paragraph 26, Line 19, by inserting after /these funds/ the following /for retiree insurance/

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Rep. McTEER explained the amendment.

The amendment was then adopted.

Reps. TOWNSEND, WALKER, ALLISON, STILLE, LITTLEJOHN, TROTTER, WRIGHT and D. WILDER proposed the following Amendment No. 97 (Doc Name L:\h- wm\legis\amend\FR.003).

Amend the bill, as and if amended, Part IB, Section 19, Education, Page 551, Paragraph 54, Line 24, right column, by striking the proviso in its entirety.

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Rep. TOWNSEND explained the amendment.

Rep. McTEER spoke against the amendment.

Rep. TOWNSEND spoke in favor of the amendment.

POINT OF ORDER

Rep. HARRELSON raised the Point of Order that Paragraph 54 on page 551 of the Bill was out of order as it was not germane.

Rep McTEER stated that since it was not in Part II, it did not have to refer to a line item but it did refer to other proviso sections which stipulate to meet the southeastern average. He further stated that this proviso was part of ensuring that the southeastern average was met and that it was germane because of the stipulation that the monies provided are to be made available in order to meet the southeastern average. He further stated that the salary schedules at the local districts have to be such to meet that average.


Printed Page 3169 . . . . . Wednesday, March 9, 1994

The SPEAKER stated citing Rule 5.3, that the General Appropriations Bill or Supplemental Appropriations Bill shall include only provisions for appropriating funds, provisions affecting revenue and rules, regulations, directives, and procedures relative thereto and no provision or no amendment shall be in order unless its substantial effect is directly germane to its purpose. He further stated that the paragraph did not have anything to do with any state money or any general fund or the southeastern average.

Rep McTEER stated that it was a directive that related to the southeastern average.

The SPEAKER stated that it only dealt with local funds and he sustained the Point of Order and ordered the paragraph stricken from the Bill.

Reps. MEACHAM, A. YOUNG, SIMRILL, KLAUBER, LAW and RICHARDSON proposed the following Amendment No. 52 (Doc Name L:\h-wm\legis\amend\FR.007), which was ruled out of order.

Amend the bill, as and if amended, Part IB, Section 19, Page 554, Line 28, right column, by adding an appropriately numbered paragraph to read /local school districts are allowed to provide for a moment of voluntary silent prayer at the beginning of each school day/.

Renumber sections & amend totals/title to conform.

Rep. MEACHAM explained the amendment.

POINT OF ORDER

Rep. WHITE raised the Point of Order that Amendment No. 52 was out of order as it was not germane.

Rep. MEACHAM argued contra the Point in stating that all of the local districts were funded by this Bill.

The SPEAKER stated, citing Rule 5.3, that this was not a provision or rule or regulation affecting funds in the Bill and he sustained the Point of Order and ruled the amendment out of order.

Reps. MEACHAM, WELLS, ALLISON, SIMRILL, McMAHAND, STILLE, ANDERSON, RICHARDSON and CROMER proposed the following Amendment No. 90 (Doc Name L:\h-wm\legis\amend\FR.007), which was ruled out of order.

Amend the bill, as and if amended, Part IB, Section 19, Page 554, Line 28, right column, by adding an appropriately numbered paragraph to read /Any local school district which receives funding from this act is allowed


Printed Page 3170 . . . . . Wednesday, March 9, 1994

to provide for a moment of voluntary silent prayer at the beginning of each school day/.

Renumber sections & amend totals/title to conform.


| Printed Page 3150, Mar. 9 | Printed Page 3170, Mar. 9 |

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