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 7100, May 18 | Printed Page 7120, May 19 |

Printed Page 7110 . . . . . Wednesday, May 18, 1994

"( ) The director of the Division of Insurance Services of the State Budget and Control Board may waive the years of service requirements of subsection (C) in a hardship case."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. TUCKER explained the Senate amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 4775--INTERRUPTED DEBATE

The Senate amendments to the following Bill were taken up for consideration.

H. 4775 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, CHAPTER 7, TITLE 44 SO AS TO ENACT THE HEALTH CARE COOPERATION ACT, WHICH PROVIDES FOR HEALTH CARE COOPERATIVE AGREEMENTS AND FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CERTIFY, REGULATE, AND MONITOR THESE AGREEMENTS.

Rep. BOAN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16283AC.94).

Amend the bill, as and if amended, by deleting Section 2 B.(2) on page 9, lines 18 and 19, and inserting /and filed to obtain a Certificate of Need for open heart surgical services before January 1, 1993; and/.

Renumber sections to conform.

Amend title to conform.

Rep. BOAN explained the amendment.

POINT OF ORDER

Rep. HOUCK raised the Point of Order that Amendment No. 1 was out of order as it was not germane to the original intent of the Bill.

The SPEAKER stated that he was probably correct in that the Senate amendment would not be germane to the House Bill but he could not control what the Senate did in its amendment process and when the Bill came back, Mr. BOAN's amendment was germane to the Senate


Printed Page 7111 . . . . . Wednesday, May 18, 1994

amendment. He further stated that this amended the Senate amendment which was now a part of the Bill and it was germane to the Senate amendment and he overruled the Point of Order.

Rep. J. BROWN moved that the House recede until 2:00 P.M.

POINT OF ORDER

Rep. RUDNICK raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.

Rep. BOAN continued speaking.

Rep. ROGERS spoke against the amendment.

Rep. LANFORD moved that the House recede until 2:15 P.M.

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

The motion to recede was agreed to by a division vote of 50 to 25.

Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 1, Rep. ROGERS having the floor.

THE HOUSE RESUMES

At 2:15 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. 4775--SENATE AMENDMENTS AMENDED

AND RETURNED TO THE SENATE

Debate was resumed on the Senate amendments to the following Bill, the pending question being the consideration of Amendment No. 1, Rep. ROGERS having the floor.

H. 4775 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, CHAPTER 7, TITLE 44 SO AS TO ENACT THE HEALTH CARE COOPERATION ACT, WHICH PROVIDES FOR HEALTH CARE COOPERATIVE AGREEMENTS AND FOR THE DEPARTMENT OF


Printed Page 7112 . . . . . Wednesday, May 18, 1994

HEALTH AND ENVIRONMENTAL CONTROL TO CERTIFY, REGULATE, AND MONITOR THESE AGREEMENTS.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, by Rep. BOAN.

Rep. ROGERS continued speaking.

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

The question then recurred to the adoption of the amendment.

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

Yeas 55; Nays 42

Those who voted in the affirmative are:

Alexander, T.C.  Allison          Bailey, G.
Baker            Baxley           Beatty
Boan             Brown, H.        Cato
Chamblee         Clyborne         Davenport
Delleney         Felder           Gamble
Graham           Harris, J.       Hines
Hodges           Huff             Hutson
Jennings         Kirsh            Klauber
Lanford          Marchbanks       Martin
Mattos           McAbee           McCraw
McLeod           McMahand         Meacham
Neilson          Phillips         Rhoad
Riser            Rudnick          Sharpe
Simrill          Smith, R.        Snow
Spearman         Stone            Trotter
Tucker           Vaughn           Waldrop
Wells            Wilder, D.       Wilder, J.
Wilkins          Wofford          Worley
Young, A.

Total--55

Those who voted in the negative are:

Alexander, M.O.  Bailey, J.       Barber
Breeland         Brown, J.        Byrd
Canty            Cobb-Hunter      Cromer
Gonzales         Govan            Harrell

Printed Page 7113 . . . . . Wednesday, May 18, 1994

Harris, P.       Harrison         Harwell
Houck            Jaskwhich        Keegan
Kelley           Kennedy          Keyserling
Kinon            Koon             Law
Littlejohn       Quinn            Robinson
Rogers           Scott            Sheheen
Shissias         Stille           Stoddard
Stuart           Thomas           Townsend
Waites           Walker           Whipper
White            Witherspoon      Wright

Total--42

So, the amendment was adopted.

Rep. ROBINSON proposed the following Amendment No. 3, which was tabled.

Amend the bill, as and if amended, by deleting Section 2(A)(7) on page 9, lines 2, 3 and 4, and inserting / the findings and recommendations./

Rep. ROBINSON explained the amendment.

Rep. McLEOD moved to table the amendment, which was agreed to by a division vote of 40 to 21.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 4932--AMENDED, ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4932 -- Reps. Jaskwhich, Phillips, Allison, Farr, Wright, Keegan, Kelley, Stille, Littlejohn, Byrd, Anderson, McMahand and Stuart: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY OF MANDATORY FULL-DAY PUBLIC KINDERGARTENS IN SOUTH CAROLINA, TO PROVIDE THAT THE MEMBERSHIP OF THE COMMITTEE SHALL BE APPOINTED BY THE STATE DEPARTMENT OF EDUCATION AND SHALL INCLUDE REPRESENTATIVES OF CERTAIN PUBLIC AND PRIVATE AGENCIES AND ENTITIES, AND TO PROVIDE THAT THE COMMITTEE SHALL REPORT ITS FINDINGS TO THE


Printed Page 7114 . . . . . Wednesday, May 18, 1994

RESPECTIVE EDUCATION COMMITTEES OF THE GENERAL ASSEMBLY BY MARCH 1, 1995.

Amend title to conform.

Be it resolved by the House of Representatives, the Senate concurring:

That a committee to study the feasibility of mandatory full-day public kindergartens is established as follows: (A) The members of the committee shall be appointed by the Department of Education, and the department, in consultation with the House Education and Public Works Committee and the Senate Education Committee, shall include representatives from appropriate community and professional organizations or entities. The 1994 State Teacher of the Year shall also be a member of the committee and shall serve as its chair. The Department of Education shall provide staff support to the committee and it shall be convened no later than August 1, 1994.

(B) The committee shall study the feasibility of mandatory full-day public kindergartens in South Carolina. The committee shall examine relevant research and review the varying effects of current programs in terms of teaching methods, staff training, developmental appropriateness of curricula, and generally in terms of how well public prekindergarten and kindergarten programs are working. The committee shall make recommendations about the following issues:

1. the short-term and long-range effects of full-day kindergarten programs in terms of readiness for first grade;

2. the effects of reducing the teacher-pupil ratios in kindergarten and the level of significance of various ratios;

3. the effects of expanding three and four-year-old programs in terms of readiness for first grade;

4. the extent of integration of 0-5 parenting programs with preschool and kindergarten programs both as a precursor to public preschool programs and as ongoing parental involvement and training in prekindergarten and kindergarten programs; and

5. the effects of collaboration with Head Start and other preschool programs, and also with health and human service agencies.

(C) The committee shall report its findings to the House Education and Public Works Committee and the Senate Education Committee by March 1, 1995, at which time it shall be dissolved.

(D) Members of the committee shall receive the usual mileage, subsistence, and per diem paid by law to members of state boards, commissions, and committees to be paid from funds appropriated to the Department of Education.


Printed Page 7115 . . . . . Wednesday, May 18, 1994

Be it further resolved that a copy of this resolution be forwarded to the State Department of Education.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20776SD.94), which was adopted.

Amend the resolution, as and if amended, by striking subsection (A) which begins on line 27, page 1, and inserting:

/(A) The members of the committee shall be appointed by the Department of Education, and the department, in consultation with the House Education and Public Works Committee and the Senate Education Committee, shall include representatives from appropriate community and professional organizations or entities. The 1994 State Teacher of the Year shall also be a member of the committee and shall serve as its chair. The Department of Education shall provide staff support to the committee and it shall be convened no later than August 1, 1994./

Renumber sections to conform.

Amend totals and title to conform.

Rep. JASKWHICH explained the amendment.

The amendment was then adopted.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

S. 1284--RULE 5.12 WAIVED

Rule 5.12 was waived on the following recalled Bill by a division vote of 49 to 0.

S. 1284 -- Senator Hayes: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70


Printed Page 7116 . . . . . Wednesday, May 18, 1994

AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.

H. 5218--RULE 5.12 WAIVED

Rule 5.12 was waived on the following recalled Bill by a division vote of 26 to 0.

H. 5218 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM S33-266 IN McCORMICK COUNTY.

MOTION REJECTED

Rep. LANFORD moved that the House recur to the Morning Hour, which was not agreed to.

H. 4986--DEBATE ADJOURNED

The following Concurrent Resolution was taken up.

H. 4986 -- Reps. Townsend, Stille and Allison: A CONCURRENT RESOLUTION TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, STRUCTURE, AND OPERATION OF HIGHER EDUCATION IN SOUTH CAROLINA AND TO PROVIDE FOR THE MANNER IN WHICH THE REPORT OF THE COMMITTEE DUE NO LATER THAN JANUARY 1, 1996, SHALL BE COMPILED AND SUBMITTED WHICH SHALL INCLUDE REGIONAL PUBLIC HEARINGS.

Rep. TOWNSEND moved to adjourn debate upon the Concurrent Resolution until Thursday, May 19, which was adopted.

H. 5198--TABLED

The following Concurrent Resolution was taken up.

H. 5198 -- Reps. Koon, McCraw, McAbee, Cromer, Sturkie, Fulmer, Whipper, Byrd, J. Bailey, Holt, Harrell and J. Brown: A CONCURRENT RESOLUTION FORMALLY REQUESTING THE UNIVERSITY OF SOUTH CAROLINA TO ALLOW THE COLLEGE


Printed Page 7117 . . . . . Wednesday, May 18, 1994

OF CRIMINAL JUSTICE AT THE UNIVERSITY TO REMAIN A COLLEGE RATHER THAN BE RENAMED THE "SCHOOL OF CRIMINAL JUSTICE" AND PLACED UNDER THE COLLEGE OF HUMANITIES.

Rep. KOON explained the Concurrent Resolution.

Rep. JENNINGS spoke against the Concurrent Resolution.

Rep. J. BROWN spoke in favor of the Concurrent Resolution.

Rep. JENNINGS moved to table the Concurrent Resolution.

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

Yeas 77; Nays 23

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Askins           Bailey, G.       Baker
Barber           Baxley           Boan
Brown, G.        Brown, H.        Canty
Carnell          Cato             Chamblee
Clyborne         Corning          Davenport
Delleney         Fair             Farr
Felder           Govan            Harrelson
Harris, J.       Harris, P.       Harrison
Harvin           Harwell          Hodges
Houck            Huff             Jaskwhich
Jennings         Kelley           Keyserling
Kirsh            Klauber          Law
Marchbanks       Martin           Mattos
McAbee           McKay            Neilson
Phillips         Quinn            Rhoad
Richardson       Riser            Robinson
Rogers           Rudnick          Sharpe
Sheheen          Smith, R.        Snow
Spearman         Stille           Stoddard
Stuart           Thomas           Trotter
Tucker           Vaughn           Waites
Waldrop          Walker           Wells
Whipper          White            Wilder, D.

Printed Page 7118 . . . . . Wednesday, May 18, 1994

Wilkins          Witherspoon      Wofford
Worley           Wright

Total--77

Those who voted in the negative are:

Anderson         Bailey, J.       Breeland
Brown, J.        Cooper           Cromer
Gonzales         Graham           Hallman
Harrell          Keegan           Kennedy
Koon             Lanford          Littlejohn
McLeod           McMahand         Meacham
Neal             Shissias         Simrill
Stone            Townsend

Total--23

So, the Resolution was tabled.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill 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.

Bill #: H. 5198 General Subject Matter: USC College of Criminal Justice

The reason for abstaining on the above reference 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 the University of South Carolina.

Rep. MARGARET J. GAMBLE

Rep. KLAUBER moved that the House recur to the Morning Hour.

Rep. HODGES moved that the House do now adjourn.

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

The motion to adjourn was agreed to by a division vote of 50 to 38.


Printed Page 7119 . . . . . Wednesday, May 18, 1994

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5120 -- Rep. McAbee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF SOUTH CAROLINA HIGHWAY 23 AS "R. CLARK DUBOSE HIGHWAY".

ADJOURNMENT
At 3:10 P.M. the House in accordance with the motion of Rep. HARRELL adjourned in memory of Walter K. "Kenny" Smoak, of Yonges Island, Charleston County, to meet at 10:00 A.M. tomorrow.

* * *


| Printed Page 7100, May 18 | Printed Page 7120, May 19 |

Page Finder Index