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

Section 1 was adopted.

Reps. CROMER, GAMBLE and STUART proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\JIC\5701HTC.94), which was tabled.

Amend the bill, as and if amended, Part II, Permanent Provisions, page 615, beginning in the left column, by striking SECTION 2 and inserting:

A. Section 1-1-1210 of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:

"Section 1-1-1210. The annual salaries of the state officers listed below are:

Governor $98,000. . . . .$106,078

Lieutenant Governor 43,000 . . . . .46,545

Secretary of State 85,000. . . . .92,007

State Treasurer 85,000. . . . .92,007

Attorney General 85,000. . . . .92,007

Comptroller General 85,000. . . . .92,007

Superintendent of Education 85,000. . . . .92,007

Adjutant General 85,000. . . . .92,007

Commissioner of Agriculture 85,000. . . . .92,007

These salaries must be increased by two percent on July 1, 1991, and on July first of each succeeding year through July 1, 1994.

B. This section takes effect when the officers listed in Section 1-1-1210 of the 1976 Code as amended by this section assume office in 1995./

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Rep. CROMER explained the amendment.

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

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

The amendment was then tabled by a division vote of 39 to 29.

Reps. GAMBLE and CROMER proposed the following Amendment No. 150 (Doc Name L:\council\legis\amend\GJK\20600SD.94), which was adopted.

Amend the bill, as and if amended, Part II, SECTION 2, by striking the second paragraph of Section 1-1-1210 which begins on line 40, page 615, in the left- hand column and inserting:

/These salaries must be increased by two percent on July 1, 1991 1995, and on July first of each succeeding year through July 1, 1994 1998, if classified state employees in any such year also receive a cost of living salary increase of two percent or more for that year./

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Rep. GAMBLE explained the amendment.

Rep. DAVENPORT raised the Point of Order that Section 2 was out of order as it was not germane.

Rep. BOAN stated that on Lines 30-38 the strike out was the increase for four years ago and the $106,078 figure was the salary reflected in Part I of the Bill. He further stated that the language that was prospective began on page 40 and the salary listed for the Governor on line 30 and the salary on line 38 for the Commissioner of Agriculture were the same lines reflected in Part I of the Bill.

The SPEAKER stated that he agreed with the salaries but the proviso applied past that, Lines 40-42.

Rep. BOAN stated that the Governor's salary was on page 32, line 3 in the front part of the Bill.

Rep. McTEER further raised the Point of Order that Amendment No. 150 was out of order as it was not germane. He further stated that it did not meet the requirement of Rule 5.3 in that no provision shall be put in the permanent part of the Bill unless it related directly to appropriations being made and revenue provided for the fiscal year referred to in the Bill.

The SPEAKER stated that the amendment amended Lines 40-42 and if Lines 40-42 were germane then the amendment was germane.

Rep. McTEER stated that there were three or four germaneness items but the amendment did not meet the additional test that a provision in Part II had to be germane to an appropriation in Part I.

The SPEAKER stated that it was not in Part II unless it was adopted. He further stated that the amendment was germane to a provision that was in Part II and it met the test. He further stated that if the amendment was adopted and the Point was raised that once it was adopted it did not meet the test of Rule 5.3, then he would rule on that. He further stated that the amendment was germane to what it sought to amend, which was lines 40-42 and he overruled the Point of Order.

Rep. CROMER spoke in favor of the amendment.

Rep. BOAN moved to table the amendment.

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

Those who voted in the affirmative are:

Alexander, M.O.  Askins           Baxley
Boan             Brown, H.        Carnell
Cobb-Hunter      Cooper           Davenport
Farr             Gonzales         Harris, J.
Harris, P.       Holt             Houck
Jennings         Keegan           Kelley
Kinon            Marchbanks       McAbee
McCraw           McKay            McTeer

Rhoad            Snow             Spearman
Vaughn           White            Wilder, J.

Those who voted in the negative are:

Allison          Anderson         Bailey, J.
Barber           Beatty           Breeland
Brown, G.        Brown, J.        Cato
Chamblee         Clyborne         Corning
Cromer           Delleney         Elliott
Fair             Fulmer           Gamble
Govan            Hallman          Harrell
Harrelson        Harrison         Haskins
Hines            Inabinett        Keyserling
Kirsh            Klauber          Law
Littlejohn       Martin           McMahand
Moody-Lawrence   Neilson          Richardson
Riser            Robinson         Rudnick
Scott            Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Stille           Stoddard         Stone
Stuart           Thomas           Townsend
Trotter          Tucker           Waites
Waldrop          Walker           Wells
Whipper          Wilder, D.       Wilkes
Wilkins          Witherspoon      Wofford
Worley           Wright           Young, R.

So, the House refused to table the amendment.

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

Section 2 as amended was adopted.

Rep. CLYBORNE proposed the following Amendment No. 227 (Doc Name L:\council\legis\amend\JIC\5736HTC.94), which was tabled.

Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 3, page 615, right column, by striking beginning on line 17: /TO MAKE THE DEDUCTION CONTINGENT UPON IDENTIFICATION OF A REVENUE SOURCE, AND PROVIDE FOR THE REVENUE SOURCE FOR FISCAL YEAR 1994-95 ONLY AS A DELAY IN THE FINAL STEP IN THE NET CAPITAL GAIN DEDUCTION//

Amend further, by striking beginning on line 29:

/This deduction is contingent upon the identification in the annual general appropriations act of revenues sufficient to offset the revenue loss caused by the exemption and for fiscal year 1994-95 only, the revenue source is a one year delay in the final step of the state individual income tax deduction allowed a portion of net capital gain. Accordingly, notwithstanding the provisions of Section 12-7-437, the provisions of 12-7-437(A)(2) apply for the 1994 taxable year and the provisions of Section 12-7-437(A)(3) apply for taxable years beginning after 1994./

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Rep. CLYBORNE explained the amendment.

Rep. JENNINGS spoke against the amendment.

Rep. CLYBORNE spoke in favor of the amendment.

Reps. KIRSH, WILKES and JENNINGS spoke against the amendment.

Rep. BOAN moved to table the amendment.

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

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Anderson
Askins           Bailey, G.       Bailey, J.
Barber           Baxley           Beatty
Boan             Brown, G.        Brown, J.
Canty            Carnell          Cobb-Hunter
Cromer           Delleney         Elliott
Farr             Felder           Govan
Harrelson        Harris, J.       Harris, P.
Harwell          Hines            Hodges

Holt             Houck            Inabinett
Jennings         Keyserling       Kinon
Kirsh            Martin           Mattos
McAbee           McCraw           McKay
McLeod           McMahand         McTeer
Moody-Lawrence   Neal             Neilson
Phillips         Rhoad            Rogers
Rudnick          Scott            Sheheen
Snow             Spearman         Stille
Stoddard         Townsend         Tucker
Waites           Waldrop          Whipper
White            Wilder, D.       Wilder, J.
Wilkes

Those who voted in the negative are:

Allison          Baker            Brown, H.
Cato             Chamblee         Clyborne
Cooper           Corning          Davenport
Fair             Fulmer           Gamble
Gonzales         Graham           Hallman
Harrell          Harrison         Haskins
Hutson           Jaskwhich        Keegan
Kelley           Klauber          Koon
Lanford          Law              Littlejohn
Marchbanks       Meacham          Richardson
Riser            Robinson         Sharpe
Shissias         Simrill          Smith, D.
Smith, R.        Stone            Stuart
Thomas           Trotter          Vaughn
Walker           Wells            Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.

So, the amendment was tabled.

Section 3 was adopted.

Section 4 was adopted.

Section 5 was adopted.

Section 6 was adopted.

Section 7 was adopted.

Section 8 was adopted.

Section 9 was adopted.

Section 10 was adopted.

Section 11 was adopted.

Rep. KIRSH proposed the following Amendment No. 152 (Doc Name L:\council\legis\amend\JIC\5724HTC.94), which was adopted.

Amend the bill, as and if amended, Part II, Permanent Provisions, page 618, beginning in the right column, by striking SECTION 12 and inserting:

A. Section 58-3-100 of the 1976 Code, as last amended by Section 1552, Act 181 of 1993, is further amended by adding at the end:

"Effective July 1, 1994, the commission shall operate as an other-funded agency. The fees and charges attributable to the Transportation Division which are in excess of the division's operating expenses must be remitted to the State Treasurer and credited to the general fund of the State. All other fees and charges imposed or collected by the commission may be retained by the commission."

B. Notwithstanding the provisions of Section 58-3-100 of the 1976 Code as amended by subsection A of this section and in fiscal year 1994-95 only, the Public Service Commission must generate at least $2,849,177 from motor transport fees, registration fees, and commission assessments for deposit to the credit of the general fund of the State.

C. This section takes effect July 1, 1994./

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Rep. KIRSH explained the amendment.

The amendment was then adopted.

Section 12 as amended was adopted.

Section 13 was adopted.

Section 14 was adopted.

Reps. STUART, McMAHAND, ANDERSON, FARR, ALLISON, LITTLEJOHN, KENNEDY, McTEER, WRIGHT, TOWNSEND and PHILLIPS proposed the following Amendment No. 105 (Doc Name L:\council\legis\amend\BBM\9020DW.94), which was tabled.

Amend the bill, as and if amended, Part II, Section 15, page 621, left-hand column, by striking subsection E. and inserting:

/The 1976 Code is amended by adding:

"Section 59-26-45. (A) In addition to all other qualifications and requirements provided by law, any person elected to a school district board of trustees after July 1, 1994, shall at least be a graduate of an

The provisions of subsections (A) through (C) do not apply to any school board trustee who was serving in such office on July 1, 1994, and who is continuously reelected to such office thereafter.

(B) Within one year of taking office, all such new members of a school district board of trustees shall successfully complete an orientation in the powers, duties, and responsibilities of a board member including, but not limited to, topics on policy development, personnel, superintendent and board relations, instructional programs, district finance, school law, ethics, and community relations.

The orientation must be approved by the State Board of Education and conducted by public or private entities approved by the State Board of Education such as the South Carolina School Boards Association. Of the funds appropriated for operating expenses to the State Department of Education, the department shall reimburse local districts for expenses incurred in meeting this provision, not to exceed $10,000 on a statewide basis.

(C) The provisions of subsections (A) through (C) also apply to members of county boards of education in the same manner the provisions of this section apply to members of school district boards of trustees.

(D) Any person required to take and pass the Education Entrance Examination (EEE), pursuant to Sections 59-26-20(e)(2) or 59-26-40, who fails to achieve a passing score on all sections after the number of attempts allowed by law and regulation shall be allowed to retake that portion of the test failed upon petitioning the State Superintendent of Education and the Chairman of the State Board of Education. The applicant must pay the entire cost of administering this exam if taken pursuant to this section. Before any subsequent retesting, the person must submit evidence that he has successfully completed a postsecondary, remedial, or development course for the subject areas of the EEE which he failed. However, no person may undertake practice teaching until he has achieved a passing score on all portions of the exam."/

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Rep. STUART explained the amendment.

Rep. WHIPPER raised the Point of Order that Amendment No. 105 was out of order as it was not germane.

Rep. STUART argued contra the Point.

Rep. STUART continued speaking.

Rep. SIMRILL moved to table the amendment and demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 52 to 6.

Rep. FARR moved to adjourn debate upon the section, which was rejected.

Reps. TOWNSEND and STILLE proposed the following Amendment No. 307 (Doc Name L:\council\legis\amend\CYY\15871AC.94), which was tabled.

Amend the bill, as and if amended, Part II, Section 15, in Section 59-20-50, by deleting beginning on line 43, in the left-hand column of page 622

/In projecting the southeastern average, the division shall include in the South Carolina base teacher salary all local teacher supplements and all incentive pay. Under this schedule, school districts are required to maintain local salary supplements per teacher no less than their 1983-84 prior fiscal level./

and inserting:

/In projecting the southeastern average, the division shall include in the South Carolina base teacher salary all local teacher supplements and all incentive pay. Under this schedule, school districts are required to maintain local salary supplements per teacher no less than their 1983-84 level./

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Rep. TOWNSEND explained the amendment.

Rep. McTEER spoke against the amendment.

Rep. HARRELSON spoke upon the amendment.

Rep. TOWNSEND spoke in favor of the amendment.

Rep. McTEER moved to table the amendment.

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

The amendment was then tabled by a division vote of 56 to 29.

Section 15 was adopted.

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