Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 1270, Mar. 6 | Printed Page 1290, Mar. 6 |

Printed Page 1280 . . . . . Monday, March 6, 1995

SECTION 59

Section 59 was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61

Section 61 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 63--DEBATE ADJOURNED

Rep. SHEHEEN moved to adjourn debate upon the section, which was adopted.

SECTION 64

Section 64 was adopted.

SECTION 65

Section 65 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 67

Section 67 was adopted.

SECTION 54--RECONSIDERED AND DEBATE ADJOURNED

Rep. J. BROWN moved to reconsider the vote whereby Section 54 was adopted, which was agreed to.

Rep. KEEGAN explained the section and moved to adjourn debate upon the section, which was adopted.

SECTION 68A

Section 68A was adopted.

SECTION 68B

Section 68B was adopted.


Printed Page 1281 . . . . . Monday, March 6, 1995

SECTION 69--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the section, which was adopted.

PART IB

SECTION 1--DEBATE ADJOURNED

Rep. H. BROWN moved to adjourn debate upon the section, which was adopted.

SECTION 1A

Section 1A was adopted.

SECTION 2

Section 2 was adopted.

SECTION 2A

Section 2A was adopted.

SECTION 3--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 25 (Doc Name L:\h- wm\legis\amend\DC.2), which was adopted.

Amend the bill, as and if amended, Part IB, Section 3, House of Representatives, paragraph 35, page 379, line 38, by inserting /at a member's request, the House Operations and Management Committee may use any unexpended portion of a member's allotment to purchase equipment for a member's office./

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Reps. TOWNSEND, WALKER, STILLE, ALLISON, H. BROWN, NEAL, McELVEEN and LITTLEJOHN proposed the following Amendment No. 84 (Doc Name L:\h-wm\legis\amend\CJ.050), which was adopted.

Amend the bill, as and if amended, Part IB, Section 3, Legislative, Page 385, Line 3, by adding an appropriately numbered proviso at the end to read /3 (Financing Public Education) A joint House and Senate study committee shall be established to examine the financing of public education. Members shall include the State Superintendent of Education


Printed Page 1282 . . . . . Monday, March 6, 1995

or his designee, two representatives of House Education and Public Works, two House Ways and Means, two Senate Education, two Senate Finance, and the Speaker of the House, or his designee, and the Lt. Governor, or his designee. The Governor shall designate a representative of his office. The committee shall issue its recommendations for improvement in a report to be submitted to the Legislature by December 1, 1995. The committee shall develop recommendations for improving the financing of public education by addressing equity, efficiency, and cost saving measures. The committee shall also recommend changes to simplify the state budgeting and appropriation process to provide greater school district flexibility as they strive to meet educational goals. The committee shall examine all sources of education funding and study the feasibility and desirability of providing for a single funding mechanism for all of state funding sources. Agencies receiving appropriations in this bill shall cooperate with the study committee in its work. Up to $4,000 in General Funds appropriated in this Act to House and Senate accounts may be used to assist the committee in its work./

Renumber sections & amend totals/title to conform.

Rep. TOWNSEND explained the amendment.

Rep. WALKER spoke in favor of the amendment.

Rep. TOWNSEND spoke in favor of the amendment.

POINT OF ORDER

Rep. WHITE raised the Point of Order that Amendment No. 84 was out of order as it was not germane.

The SPEAKER stated that it met the criteria of Rule 5.3 in that it was regulations, directives and procedures relative to funds and revenue. He further stated that it specifically mentioned expenditures up to $4,000.00 in general funds and the study itself dealt with the finances of public education.

Rep. WHITE questioned whether there was a line item to fund the committee.

The SPEAKER stated that he was not required to find a line item for Part IB as he would be for Part II. He further stated that under Rule 5.3, there was a stricter requirement for permanent provisos than there was for the temporary provisos and that it did meet the germaneness criteria and he overruled the Point of Order.

The amendment was then adopted.


Printed Page 1283 . . . . . Monday, March 6, 1995

PARAGRAPH 57--STRICKEN FROM SECTION 3

BY POINT OF ORDER

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that Paragraph 57 on Page 382 of the Bill was out of order as it was not germane.

The SPEAKER stated that it did not affect revenue and it was not a rule, regulation, directive or procedure relating to that.

Rep. HARRELL stated that Lines 28-29 on Page 384 could make it germane.

Rep. SHEHEEN stated that those lines did not make it germane and it did not relate to rules or procedures under Rule 5.3 and it did not affect revenue or appropriate money.

The SPEAKER stated that it did not relate to an appropriation of revenue and it did not affect revenue and he sustained the Point of Order and ordered the paragraph stricken from the Bill.

Reps. VAUGHN, EASTERDAY, RICE, SHARPE, HALLMAN, CATO, TROTTER, HERDKLOTZ, JASKWHICH, FAIR and ROBINSON proposed the following Amendment No. 85 (Doc Name L:\h-wm\legis\amend\CJ.030), which was tabled.

Amend the bill, as and if amended, Part IB, Section 3, Legislative, Page 385, Line 3, by adding an appropriately numbered paragraph to read: /There is created a Joint Legislative Ad Hoc Committee to study and develop a plan for the implementation of a voucher system for the financing of public education in South Carolina. Three members shall be appointed from the Senate by the President thereof and three members shall be appointed from the House of Representatives by the Speaker. The study will consider and review 1) a phased- in approach to a voucher system, 2) giving first preference to families under the poverty level, 3) phasing-in the high school grades first, 4) options of attending a public or private school, 5) basing the voucher amount on the family income, and 6) transportation as a part of the voucher system. Expenses of the legislative members of the study committee shall be paid from the approved accounts of their respective bodies and shall be limited to transportation costs only. The study committee will provide a plan and make a report by January 1, 1996 to the Senate and House Education Committees, the Senate Finance Committee and the House Ways and Means Committee./

Renumber sections & amend totals/title to conform.

Rep. VAUGHN explained the amendment.


Printed Page 1284 . . . . . Monday, March 6, 1995

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 85 was out of order as it was not germane.

Rep. VAUGHN argued contra the Point in stating that the second page of the amendment showed that the expenses of the study committee would come out of the legislative money.

The SPEAKER stated that it dealt with the implementation for a voucher system for the financing of public education and called for payment to be made by the House and Senate from approved accounts for travel and it was germane and he overruled the Point of Order.

Rep. VAUGHN continued speaking.

Rep. SPEARMAN moved to table the amendment.

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

Yeas 57; Nays 56

Those who voted in the affirmative are:

Allison          Anderson         Askins
Bailey           Beatty           Boan
Breeland         Brown, G.        Brown, J.
Brown, T.        Byrd             Carnell
Cave             Clyburn          Cobb-Hunter
Cromer           Delleney         Gamble
Govan            Harris, J.       Harris, P.
Harwell          Hines            Hodges
Howard           Inabinett        Jennings
Kennedy          Keyserling       Kinon
Kirsh            Lloyd            McAbee
McCraw           McElveen         McMahand
McTeer           Moody-Lawrence   Neal
Phillips         Rhoad            Rogers
Scott            Sheheen          Shissias
Spearman         Townsend         Tucker
Walker           Wells            Whatley
Whipper, L.      Whipper, S.      White
Wilder           Wilkes           Williams

Total--57



Printed Page 1285 . . . . . Monday, March 6, 1995

Those who voted in the negative are:
Brown, H.        Cain             Cato
Chamblee         Cooper           Cotty
Dantzler         Davenport        Easterday
Fair             Felder           Fleming
Fulmer           Hallman          Harrell
Harrison         Haskins          Herdklotz
Huff             Hutson           Jaskwhich
Keegan           Kelley           Klauber
Knotts           Koon             Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            Meacham
Neilson          Quinn            Rice
Riser            Robinson         Sandifer
Sharpe           Simrill          Smith, D.
Smith, R.        Stille           Stuart
Thomas           Tripp            Trotter
Vaughn           Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.        Young, J.

Total--56

So, the amendment was tabled.

Reps. MEACHAM, KELLEY, WALKER, NEILSON and R. SMITH proposed the following Amendment No. 33 (Doc Name L:\council\legis\amend\JIC\5523HTC.95), which was adopted.

Amend the bill, as and if amended, Part IB, Section 3, Legislative Department, page 385, by adding an appropriately numbered paragraph at the end to read:

/3.___ (LEG: House Ethics Committee)

The House of Representatives Legislative Ethics Committee shall deposit revenues from penalties assessed by the committee and copying of documents into approved accounts of the House and shall use these funds as approved by the Speaker of the House./

Renumber sections to conform.

Amend totals and title to conform.

Rep. MEACHAM explained the amendment.

The amendment was then adopted.


Printed Page 1286 . . . . . Monday, March 6, 1995

AMENDMENT NO. 85--MOTION TO RECONSIDER REJECTED

Rep. WHATLEY moved to reconsider the vote whereby Amendment No. 85 was tabled.

Rep. WALKER moved to table the motion.

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

Yeas 57; Nays 57

Those who voted in the affirmative are:

Allison          Anderson         Askins
Bailey           Baxley           Beatty
Boan             Breeland         Brown, G.
Brown, J.        Brown, T.        Byrd
Cave             Clyburn          Cobb-Hunter
Cromer           Delleney         Felder
Gamble           Govan            Harris, J.
Harris, P.       Harwell          Hines
Hodges           Howard           Inabinett
Jennings         Kennedy          Keyserling
Kinon            Kirsh            Lloyd
Martin           McAbee           McCraw
McElveen         McMahand         McTeer
Moody-Lawrence   Neal             Phillips
Rhoad            Rogers           Scott
Sheheen          Shissias         Spearman
Stuart           Tucker           Walker
Whipper, L.      Whipper, S.      White
Wilder           Wilkes           Williams

Total--57

Those who voted in the negative are:

Brown, H.        Cain             Carnell
Cato             Chamblee         Cooper
Cotty            Dantzler         Davenport
Easterday        Fair             Fleming
Fulmer           Hallman          Harrell
Harrison         Haskins          Herdklotz
Huff             Hutson           Jaskwhich
Keegan           Kelley           Klauber


Printed Page 1287 . . . . . Monday, March 6, 1995

Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
Meacham          Quinn            Rice
Riser            Robinson         Sandifer
Sharpe           Simrill          Smith, D.
Smith, R.        Stille           Stoddard
Thomas           Townsend         Tripp
Trotter          Vaughn           Whatley
Wilkins          Witherspoon      Wofford
Wright           Young, A.        Young, J.

Total--57

So, the motion to table was rejected.

The question then recurred to the motion to reconsider.

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

Yeas 55; Nays 59

Those who voted in the affirmative are:

Cain             Cato             Chamblee
Cooper           Cotty            Dantzler
Davenport        Easterday        Fair
Fulmer           Hallman          Harrell
Harrison         Haskins          Herdklotz
Huff             Hutson           Jaskwhich
Keegan           Kelley           Klauber
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
Meacham          Quinn            Rice
Riser            Robinson         Sandifer
Sharpe           Simrill          Smith, D.
Smith, R.        Stille           Stoddard
Stuart           Thomas           Townsend
Tripp            Trotter          Vaughn
Whatley          Wilkins          Witherspoon


Printed Page 1288 . . . . . Monday, March 6, 1995

Wofford          Wright           Young, A.
Young, J.

Total--55

Those who voted in the negative are:

Allison          Anderson         Askins
Bailey           Baxley           Beatty
Boan             Breeland         Brown, G.
Brown, J.        Brown, T.        Byrd
Carnell          Cave             Clyburn
Cobb-Hunter      Cromer           Delleney
Felder           Fleming          Gamble
Govan            Harris, J.       Harris, P.
Harwell          Hines            Hodges
Howard           Inabinett        Jennings
Kennedy          Keyserling       Kinon
Kirsh            Lloyd            Martin
McAbee           McCraw           McElveen
McMahand         McTeer           Moody-Lawrence
Neal             Phillips         Rhoad
Rogers           Scott            Sheheen
Shissias         Spearman         Tucker
Walker           Wells            Whipper, L.
Whipper, S.      White            Wilder
Wilkes           Williams

Total--59

So, the motion to reconsider was rejected.

Section 3 as amended was adopted.

STATEMENT FOR JOURNAL

I voted to allow a study of a voucher system in S.C. I am not in favor of a voucher at this juncture. But I think a study will help determine the overall effect of a voucher system.

Rep. J. GARY SIMRILL


Printed Page 1289 . . . . . Monday, March 6, 1995

SECTION 4A--ADOPTED

Rep. STILLE proposed the following Amendment No. 93 (Doc Name L:\h- wm\legis\amend\DH.31), which was tabled.

Amend the bill, as and if amended, Part IB, Section 4, Judicial, Paragraph 4.2, Page 385, Line 8, by striking it in its entirety and inserting /Every county shall provide for each circuit and family judge residing therein, an office with all utilities including a private telephone./

Renumber sections & amend totals/title to conform.

Rep. STILLE explained the amendment.

Reps. QUINN and BAXLEY spoke against the amendment.

Rep. BAXLEY moved to table the amendment.

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

Yeas 58; Nays 45

Those who voted in the affirmative are:

Askins           Baxley           Boan
Brown, H.        Brown, J.        Cain
Carnell          Cave             Clyburn
Dantzler         Harris, J.       Harrison
Haskins          Hines            Hodges
Howard           Huff             Inabinett
Jennings         Kennedy          Keyserling
Kinon            Knotts           Koon
Lanford          Law              Lloyd
McAbee           McCraw           McElveen
McTeer           Moody-Lawrence   Neal
Neilson          Phillips         Quinn
Riser            Rogers           Scott
Sharpe           Shissias         Smith, D.
Smith, R.        Stoddard         Thomas
Tucker           Wells            Whipper, S.
White            Wilder           Wilkes
Wilkins          Williams         Witherspoon
Wofford          Worley           Wright
Young, J.

Total--58



Printed Page 1290 . . . . . Monday, March 6, 1995

Those who voted in the negative are:
Allison          Anderson         Breeland
Brown, T.        Cato             Chamblee
Cooper           Cotty            Davenport
Easterday        Fair             Fleming
Gamble           Hallman          Harrell
Harris, P.       Herdklotz        Hutson
Jaskwhich        Keegan           Kelley
Kirsh            Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
McMahand         Meacham          Rhoad
Rice             Robinson         Sandifer
Simrill          Spearman         Stille
Stuart           Townsend         Tripp
Trotter          Vaughn           Waldrop
Walker           Whatley          Young, A.

Total--45

So, the amendment was tabled.


| Printed Page 1270, Mar. 6 | Printed Page 1290, Mar. 6 |

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