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 3160, Mar. 9 | Printed Page 3180, Mar. 9 |

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

Rep. MEACHAM explained the amendment.

POINT OF ORDER

Rep. WHITE raised the Point of Order that Amendment No. 90 was out of order as it was not germane.

Rep. MEACHAM argued contra the Point.

The SPEAKER stated, citing Rule 5.3, that the Bill shall only include provisions for appropriating funds, provisions affecting revenue and rules, regulations and directives and procedures relative thereto which meant relative to the expenditure of revenue.

Rep. MEACHAM continued to argue contra the Point in stating that it all related to money as they all received funding.

The SPEAKER stated that it had to be a provision to tell you how you spend money, restrict how you spend money or direct how you spend money. He further stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.

Rep. RUDNICK proposed the following Amendment No. 134 (Doc Name L:\h- wm\legis\amend\TMR.026), which was tabled.

Amend the bill, as and if amended, Part IB, Section 19, SDE, Page 554, by adding an appropriately numbered paragraph to read /From the funds appropriated in 1A, the Department shall establish Regional Volunteer Coordinators to develop, promote and expand the use of volunteers in all public schools./

Renumber sections & amend totals/title to conform.

Rep. RUDNICK explained the amendment.

POINT OF ORDER

Rep. ROBINSON raised the Point of Order that Amendment No. 134 was out of order as it was not germane.

The SPEAKER stated that it was directed to how they spend the money in Part IA and he overruled the Point of Order.

Rep. RUDNICK continued speaking.


Printed Page 3171 . . . . . Wednesday, March 9, 1994

LEAVES OF ABSENCE

The SPEAKER granted Reps. WILLIAMS and KENNEDY a leave of absence for the remainder of the day.

Rep. McTEER spoke against the amendment and moved to table the amendment.

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

Yeas 73; Nays 19

Those who voted in the affirmative are:

Alexander, T.C.  Allison          Askins
Baker            Barber           Baxley
Boan             Carnell          Cato
Chamblee         Clyborne         Cooper
Corning          Cromer           Davenport
Delleney         Elliott          Fair
Farr             Gamble           Gonzales
Hallman          Harrell          Harris, J.
Harris, P.       Harrison         Harvin
Haskins          Holt             Jennings
Keegan           Keyserling       Kinon
Kirsh            Lanford          Law
Littlejohn       Marchbanks       Martin
McAbee           McCraw           McKay
McTeer           Meacham          Phillips
Quinn            Rhoad            Richardson
Riser            Robinson         Rogers
Sharpe           Sheheen          Simrill
Smith, D.        Smith, R.        Snow
Spearman         Stille           Stoddard
Stone            Stuart           Thomas
Townsend         Trotter          Vaughn
Waldrop          Walker           Wilder, D.
Wilder, J.       Worley           Wright
Young, A.

Total--73

Printed Page 3172 . . . . . Wednesday, March 9, 1994

Those who voted in the negative are:
Bailey, G.       Bailey, J.       Breeland
Brown, G.        Brown, J.        Byrd
Harwell          Houck            Hutson
Inabinett        Moody-Lawrence   Neal
Neilson          Rudnick          Scott
Shissias         Waites           Whipper
Young, R.

Total--19

So, the amendment was tabled.

HOUSE TO MEET AT 9:30 A.M. TOMORROW

Rep. WHITE moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 184 (Doc Name L:\h- wm\legis\amend\TR.021), which was ruled out of order.

Amend the bill, as and if amended, Part IB, Section 19, SDE, Page 554, Line 28, by adding an appropriately numbered paragraph to read: /The Department, in consultation with professional educational associations, shall compile a list of state and local regulations imposed on schools which they consider as unnecessarily burdensome. The findings of this study shall be reported to the General Assembly by January 1995 and must include recommendations to eliminate outdated, duplicative and unnecessary regulations imposed on schools./

Renumber sections & amend totals/title to conform.

POINT OF ORDER

Rep. McTEER raised the Point of Order that Amendment No. 184 was out of order as it was not germane.

The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.

Rep. McTEER proposed the following Amendment No. 274 (Doc Name L:\h- wm\legis\amend\DM.020), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, Department of Education, Page 554, by adding and appropriated numbered paragraph to


Printed Page 3173 . . . . . Wednesday, March 9, 1994

read /EFA lapse will be used to restore cuts and provide a step increase to school bus drivers/

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Rep. McTEER explained the amendment.

The amendment was then adopted.

Rep. KEYSERLING proposed the following Amendment No. 300 (Doc Name L:\h- wm\legis\amend\TR.065), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, Education, Page 554, by adding an appropriately numbered paragraph to read: /The Department of Education may designate the Beaufort and/or Jasper County School Districts as demonstration sites for privatization of student transportation services and for the coordination of community based public transportation services.

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Rep. KEYSERLING explained the amendment.

The amendment was then adopted.

Reps. TOWNSEND, WALKER, STILLE, TROTTER, ALLISON and LITTLEJOHN proposed the following Amendment No. 301 (Doc Name L:\h-wm\legis\amend\FR.070), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, Education, Page 547, Paragraph 25, Line 37, by inserting after /EFA Foundation Program./ the following /The index of taxpaying ability must also be adjusted to reflect the true market value for a manufacturing facility that is closing, or has closed, in the current year if that facility represented more than two percent of the total local revenue for that district./

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Rep. MEACHAM proposed the following Amendment No. 302 (Doc Name L:\h- wm\legis\amend\FR.007), which was adopted.

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 shall provide for a moment of voluntary silent prayer at the beginning of each school day. And Districts not complying with this provision shall not receive any funding provided by Part IA, Section 19 (O) (page 0258) for higher order thinking skills./

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Printed Page 3174 . . . . . Wednesday, March 9, 1994

Rep. MEACHAM explained the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 97; Nays 4

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Baker            Barber           Baxley
Boan             Brown, G.        Brown, H.
Byrd             Carnell          Cato
Chamblee         Clyborne         Cooper
Corning          Cromer           Davenport
Delleney         Elliott          Fair
Farr             Felder           Gamble
Gonzales         Govan            Harrell
Harrelson        Harris, J.       Harris, P.
Harrison         Harvin           Harwell
Haskins          Hines            Hodges
Houck            Huff             Hutson
Inabinett        Jennings         Keegan
Kinon            Kirsh            Koon
Lanford          Law              Littlejohn
Marchbanks       Mattos           McAbee
McCraw           McElveen         McKay
McLeod           McMahand         McTeer
Meacham          Neilson          Phillips
Quinn            Rhoad            Richardson
Riser            Robinson         Rogers
Rudnick          Sharpe           Sheheen
Simrill          Smith, D.        Smith, R.
Snow             Spearman         Stille
Stoddard         Stone            Stuart
Sturkie          Thomas           Townsend
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells
Wilder, D.       Wilder, J.       Wilkes

Printed Page 3175 . . . . . Wednesday, March 9, 1994

Wilkins          Worley           Wright
Young, A.

Total--97

Those who voted in the negative are:

Beatty           Cobb-Hunter      Whipper
Young, R.

Total--4

So, the amendment was adopted.

RECORD FOR VOTING

I was out of the chamber at the time the roll call vote was taken on Amendment #302. Had I been in the chamber, I would have voted for the amendment.

Rep. JAMES S. KLAUBER

Reps. McTEER and ANDERSON proposed the following Amendment No. 304 (Doc Name L:\h-wm\legis\amend\FF.056), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, Education, Page 554, Line 28, by adding an appropriately numbered paragraph to read: /The increase in EFA funds over the prior fiscal year should be used to help fund pay increases for those school personnel who are not receiving EIA salary supplements./

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Rep. McTEER explained the amendment.

The amendment was then adopted.

Section 19 as amended was adopted.

SECTION 19A--AMENDED AND ADOPTED

Debate was resumed on Section 19A.


Printed Page 3176 . . . . . Wednesday, March 9, 1994

Rep. McTEER proposed the following Amendment No. 180 (Doc Name L:\h-wm\legis\amend\TMR.032), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A, SDE, Page 555, Paragraph 6, Lines 31-32, by striking /Basic Skills Remedial/ and inserting /Academic Assistance Act 135/

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Rep. McTEER proposed the following Amendment No. 202 (Doc Name L:\h-wm\legis\amend\TMR.035), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A, SDE, Page 558, Paragraph 31, Lines 18-19, by striking /of the/

Amend further, Page 558, Paragraph 31, Line 20, by striking /$1,248,000/

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Rep. McTEER explained the amendment.

The amendment was then adopted.

Rep. McTEER proposed the following Amendment No. 185 (Doc Name L:\h-wm\legis\amend\TMR.28), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A, SDE, Paragraph 34, Page 558, Line 44, Left Column and Line 1, Right Column by striking /Remedial and Compensatory Program/ and by inserting /Academic Assistance Act 135/

Renumber sections & amend totals/title to conform.

Rep. McTEER proposed the following Amendment No. 191 (Doc Name L:\h- wm\legis\amend\TMR.033, which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A, SDE, Paragraph 43, Page 559, Line 16-17, by striking /contractual services/ and inserting /other operating expenses/

Renumber sections & amend totals/title to conform.

Reps. HINES, NEILSON, ANDERSON, ASKINS, BAXLEY, BEATTY, BREELAND, G. BROWN, J. BROWN, GOVAN, HARRELSON, HARVIN, HARWELL, HOUCK, INABINETT, JENNINGS, KENNEDY, McELVEEN, McLEOD, McMAHAND, NEAL, SNOW, SPEARMAN, WILLIAMS and WORLEY proposed


Printed Page 3177 . . . . . Wednesday, March 9, 1994

the following Amendment No. 258 (Doc Name L:\h-wm\legis\amend\VC.031), which was tabled.

Amend the bill, as and if amended, Part IB, Section 19A, EIA, Page 559, left column, paragraph 41, by inserting after /59-26-20(k)/ Line 38

/In addition, $100,000 of these funds must be set aside and used by the Pee Dee Consortium for minority teaching scholarships./

Renumber sections & amend totals/title to conform.

Rep. HINES explained the amendment.

POINT OF ORDER

Rep. LITTLEJOHN raised the Point of Order that Amendment No. 258 was out of order as it was not germane.

The SPEAKER stated that it directed how to spend money and he overruled the Point of Order.

Rep. HARWELL spoke in favor of the amendment.

Rep. G. BROWN spoke in favor of the amendment.

LEAVES OF ABSENCE

The SPEAKER granted Reps. BAXLEY and WRIGHT a leave of absence for the remainder of the day.

Reps. LITTLEJOHN and McTEER spoke against the amendment.

Rep. NEILSON spoke in favor of the amendment.

Rep. McTEER moved to table the amendment.

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

Yeas 55; Nays 44

Those who voted in the affirmative are:

Allison          Baker            Barber
Brown, H.        Cato             Clyborne
Cobb-Hunter      Corning          Delleney
Fulmer           Gamble           Gonzales
Graham           Hallman          Harrell
Harrison         Holt             Jaskwhich
Keegan           Kelley           Keyserling
Klauber          Lanford          Law
Littlejohn       Marchbanks       McCraw

Printed Page 3178 . . . . . Wednesday, March 9, 1994

McTeer           Meacham          Quinn
Rhoad            Richardson       Riser
Rogers           Sharpe           Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Spearman         Stille
Stuart           Sturkie          Thomas
Trotter          Vaughn           Waites
Walker           Wells            White
Wilkins          Witherspoon      Wofford
Young, A.

Total--55

Those who voted in the negative are:

Alexander, T.C.  Anderson         Askins
Bailey, G.       Beatty           Boan
Breeland         Brown, G.        Brown, J.
Byrd             Chamblee         Cooper
Davenport        Elliott          Felder
Harris, J.       Harvin           Harwell
Hines            Hodges           Houck
Hutson           Inabinett        Jennings
Kinon            Kirsh            McElveen
McLeod           McMahand         Moody-Lawrence
Neal             Neilson          Phillips
Robinson         Rudnick          Scott
Snow             Stoddard         Stone
Townsend         Wilder, D.       Wilder, J.
Wilkes           Worley

Total--44

So, the amendment was tabled.

Reps. MATTOS and McTEER proposed the following Amendment No. 3 (Doc Name L:\h-wm\legis\amend\TMR.CTN), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A, SDE, Page 561, Paragraph 56, Line 40, by inserting after /plan/ the following /These funds may be used for courses which support the education of students with disabilities or special needs in the regular classroom/

Renumber sections & amend totals/title to conform.


Printed Page 3179 . . . . . Wednesday, March 9, 1994

Rep. McTEER explained the amendment.

The amendment was then adopted.

Rep. MATTOS proposed the following Amendment No. 193 (Doc Name L:\h-wm\legis\amend\FR.027), which was ruled out of order.

Amend the bill, as and if amended, Part IB, Section 19A, Education, Page 562, Paragraph 63, Line 5, Left Column, by inserting after /placement./ /The Department shall develop a plan for Community-based alternative initiatives for status offenders to be presented to the Ways and Means Committee, House Education & Public Works Committee, Senate Finance Committee, and Senate Education Committee by January 15, 1995./

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POINT OF ORDER

Rep. BOAN raised the Point of Order that Amendment No. 193 was out of order as it was not germane.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Rep. RUDNICK proposed the following Amendment No. 139 (Doc Name L:\h-wm\legis\amend\FR.025), which was tabled.

Amend the bill, as and if amended, Part IB, Section 19A, Education, Page 562, Paragraph 64, Line 6, by striking the proviso in its entirety.

Amend further, Page 562, by adding an appropriately numbered paragraph to read: /The Department shall provide statewide administrators and teachers training in the best practices for addressing student violence and shall develop or select non-violent problem solving curricula and other appropriate violence prevention approaches./

Renumber sections & amend totals/title to conform.

POINT OF ORDER

Rep. BOAN raised the Point of Order that Amendment No. 139 was out of order as it was not germane.

The SPEAKER overruled the Point of Order.

Rep. RUDNICK explained the amendment.

Rep. McTEER moved to table the amendment.

Rep. RUDNICK demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 40 to 20.


| Printed Page 3160, Mar. 9 | Printed Page 3180, Mar. 9 |

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