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Printed Page 1130, Feb. 29
| Printed Page 1150, Feb. 29
| Section 59-144-170. By December 1, 1998, the State Board of Education shall recommend to the General Assembly changes to be made to this chapter regarding program objectives, appropriate funding levels, and funding allotment formulas.
Section 59-144-300. The authority, in its role as manager of the Educational Assistance Endowment Fund, may assist school districts of this State in providing school facilities, and for this purpose the authority may:
(1) adopt regulations for the conduct of its affairs and business;
(2) adopt an official seal and alter it;
(3) maintain an office at a place it designates;
(4) sue and be sued in its own name;
(5) use such state funds as appropriated by the General Assembly for the purposes of this chapter;
(6) do all things necessary or convenient to carry out the purposes of this chapter.
Section 59-144-310. In addition to any other contractual remedies, a grant agreement may be enforced according to its terms and conditions in the circuit court of this State, and the court may utilize the process of injunction or mandamus to effect the enforcement of the agreement.
Section 59-144-320. School districts may perform acts, take actions, adopt proceedings, and make and carry out grant agreements which are contemplated by this chapter. The grant agreements do not need to be identical among all participants but may be structured as determined by the authority according to the needs of the participating school districts and the authority.
Section 59-144-330. All expenses incurred in carrying out the provisions of this chapter are payable solely from funds as prescribed in this chapter and no liability may be incurred by the authority beyond monies provided under the provisions of this chapter. The State may
Section 59-144-400. The Department of Juvenile Justice, the Wil Lou Gray Opportunity School, the John de la Howe School, and the South Carolina School for the Deaf and the Blind also shall be annually allocated funds from the Educational Assistance Endowment Fund for facilities needs on a per pupil basis using on weighted pupil units for one hundred percent of their allocations. For purposes of these allocations only, all pupils of these schools are considered K-12 pupils./
Renumber sections & amend totals/title to conform.
Rep. HARRELL explained the amendment.
Rep. HARRELL continued speaking.
Reps. WELLS, WALKER and TOWNSEND spoke against the amendment.
The SPEAKER Pro Tempore granted Rep. COOPER a leave of absence for the remainder of the day.
Rep. TOWNSEND continued speaking.
Rep. R. SMITH spoke against the amendment.
Rep. WELLS spoke against the amendment.
Rep. WELLS moved to table the amendment.
Rep. HARRELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Boan Brown, G. Brown, H. Brown, J. Byrd Cain Cato
Chamblee Clyburn Davenport Easterday Felder Fleming Gamble Harris, J. Harris, P. Haskins Herdklotz Hines, J. Hines, M. Hodges Hutson Jaskwhich Jennings Kinon Kirsh Klauber Knotts Lanford Law Lee Limbaugh Littlejohn Loftis Marchbanks Mason McCraw McElveen McKay McTeer Moody-Lawrence Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Townsend Tripp Trotter Vaughn Waldrop Walker Wells Wilkes Wilkins Wofford Wright Young-Brickell
Those who voted in the negative are:
Breeland Brown, T. Cave Cobb-Hunter Cotty Cromer Dantzler Delleney Fulmer Govan Hallman Harrell Harrison Howard Inabinett Keegan Kelley Keyserling Koon Limehouse Lloyd Martin McAbee McMahand Meacham Neal Richardson Rogers Scott Seithel Shissias Stille Stoddard Stuart Thomas Tucker Whatley Whipper, L. Whipper, S. White Wilder Witherspoon Worley
Rep. ROGERS proposed the following Amendment No. 209 (Doc Name P:\amend\JIC\5343HTC.96), which was tabled.
Amend the bill, as and if amended, Part II in Section 24, page 520, by adding a new paragraph at the end of Section 59-143-10 of the 1976 Code to read:
/In fiscal year 1996-97 and succeeding fiscal years, if the Children's Education Endowment Fund does not receive revenue pursuant to Section 48-48-140(C) of at least one hundred million dollars exclusive of any interest or earnings thereon, an amount sufficient to make up the difference is automatically appropriated from the general fund of the State to the Fund. When required, this appropriation must occur at the time in the fourth fiscal quarter when the shortfall can be most accurately determined. The one hundred million dollar minimum amount is not subject to any reduction by virtue of budget reductions imposed to offset general fund revenue shortfalls in any fiscal year./
Renumber sections & amend totals/title to conform.
Rep. ROGERS explained the amendment.
Rep. H. BROWN spoke against the amendment and moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Brown, G. Brown, H. Cain Cato Chamblee Dantzler Davenport Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Hutson Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks
Martin Mason McCraw McElveen McKay Meacham Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkes Wilkins Witherspoon Wofford Wright Young-Brickell
Those who voted in the negative are:
Anderson Breeland Byrd Cave Clyburn Cobb-Hunter Cotty Cromer Govan Hines, J. Hines, M. Hodges Howard Inabinett Keyserling Lee Lloyd McAbee McTeer Moody-Lawrence Neal Richardson Rogers Scott Shissias Stoddard Whipper, L. White Wilder
So, the amendment was tabled.
Rep. SPEARMAN proposed the following Amendment No. 193 (Doc Name P:\amend\BBM\10612DW.96), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 24, Code Section 59-144-100, page 521, by striking subsection (C), lines 34 through 41.
Renumber sections & amend totals/title to conform.
Rep. SPEARMAN explained the amendment.
Rep. SPEARMAN spoke in favor of the amendment.
Rep. H. BROWN spoke against the amendment.
Reps. BAXLEY, NEILSON and J. HARRIS spoke against the amendment.
Reps. WILKINS and TOWNSEND spoke against the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Brown, H. Brown, J. Chamblee Easterday Fulmer Hallman Harrell Harris, J. Harrison Haskins Herdklotz Hines, J. Hines, M. Jaskwhich Jennings Lee Loftis Marchbanks Martin McAbee Neilson Quinn Richardson Riser Seithel Sharpe Smith, D. Smith, R. Stille Townsend Wells Whatley Whipper, L. Whipper, S. Wilkins
Those who voted in the negative are:
Allison Askins Bailey Boan Breeland Brown, G. Cain Cato Cave Cobb-Hunter Cotty Dantzler Davenport Delleney Felder Fleming Gamble Govan Harris, P. Hodges Howard Hutson Inabinett Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Mason McCraw
McKay McMahand McTeer Meacham Moody-Lawrence Neal Phillips Rhoad Robinson Rogers Sandifer Scott Sheheen Shissias Simrill Spearman Stoddard Stuart Thomas Tripp Trotter Tucker Vaughn Waldrop Walker White Wilder Wilkes Witherspoon Wofford Worley Wright Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
The following was received.
Columbia, S.C., February 29, 1996
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:55 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. TOWNSEND, the invitation was accepted.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Section 24.
At 11:55 A.M. the House attended in the Senate Chamber, where the following Acts were duly ratified.
(R259) S. 804 -- Senators Rose, McConnell and Mescher: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.
(R260) S. 1014 -- Senators McConnell, Passailaigue, Courson, Rose and Richter: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED THEREIN REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS AND TO PROVIDE THAT THE GEOGRAPHICAL COORDINATES OF THE HUNLEY'S LOCATION ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.
(R261) H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright,
At 12:05 P.M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of Part II, Section 24.
Debate was resumed on Section 24.
Rep. FLEMING proposed the following Amendment No. 126 (Doc Name P:\amend\DKA\3562CM.96), which was tabled.
Amend the bill, as and if amended, Part II, SECTION 24, page 521, lines 24 through 26, by striking items (1) and (2) of Section 59-144-100(A), and inserting:
/(1) sixty percent of the funds allocated annually to the several school districts for new facilities for schools constructed before 1940;
(2) forty percent must be allocated on a per pupil basis using the weighted pupil units of each district for the preceding year;/
Renumber sections & amend totals/title to conform.
Rep. FLEMING explained the amendment.
Rep. SANDIFER moved to table the amendment.
Rep. FLEMING demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 50 to 5.
Rep. TOWNSEND proposed the following Amendment No. 222 (Doc Name P:\amend\JIC\5353SD.96), which was tabled.
Amend the bill, as and if amended, Part II, SECTION 24, in Section 59-144-100 of the 1976 Code by adding a new subsection to be appropriately lettered immediately following subsection (B) which begins on line 30 of page 521 to read:
Printed Page 1130, Feb. 29
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