Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 3220, May 1 | Printed Page 3240, May 1 |

Printed Page 3230 . . . . . Wednesday, May 1, 1996

Rep. KNOTTS proposed the following Amendment No. 3 (Doc Name P:\amend\GJK\22767SD.96), which was tabled.

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. It is proposed that Article VI of the Constitution of South Carolina, 1895, be amended by adding:

"Section 7A. Notwithstanding the provisions of Sections 6 and 7 of this article and Section 12 of Article IV or any other provision of this Constitution, the office of Secretary of State is abolished as of the end of the term of office of the incumbent in office on the date of ratification of this section. The functions and duties of the Secretary of State must be devolved upon the remaining state constitutional offices or state agencies in the manner that the General Assembly shall provide by law."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Article VI of the Constitution of this State be amended by adding Section 7A so as to abolish the office of Secretary of State at the end of the term of the incumbent in office on the date of ratification of this amendment and provide that the functions and duties of the office must be devolved upon the remaining state constitutional offices or state agencies in the manner that the General Assembly shall provide by law?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. KNOTTS explained the amendment.

Rep. HARRISON moved to table the amendment, which was agreed to.

Rep. KNOTTS proposed the following Amendment No. 4 (Doc Name P:\amend\GJK\22768SD.96), which was tabled.

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 7, Article VI of the Constitution of this State is amended to read:


Printed Page 3231 . . . . . Wednesday, May 1, 1996

"Section 7. There shall be elected by the qualified voters of the State a Secretary of State, an Attorney General, a Treasurer, a Superintendent of Education, Comptroller General, Commissioner of Agriculture, and an Adjutant General who shall hold their respective offices for a term of four years, coterminous with that of the Governor. The duties and compensation of such offices shall be prescribed by law and their compensation shall be neither increased or diminished during the period for which they shall have been elected. In addition to his other duties, the Secretary of State shall be responsible for administering the insurance laws of this State.
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Section 7, Article VI of the Constitution of this State, relating to the constitutional officers of this State, be amended so as to provide that in addition to his other duties, the Secretary of State shall be responsible for administering the insurance laws of this State?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. KNOTTS explained the amendment.

Rep. HARRISON moved to table the amendment, which was agreed to.

Rep. KNOTTS spoke against the Joint Resolution.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 86; Nays 10

Those who voted in the affirmative are:

Allison              Anderson             Askins
Baxley               Brown, H.            Brown, J.
Byrd                 Cain                 Cato
Cave                 Chamblee             Cobb-Hunter

Printed Page 3232 . . . . . Wednesday, May 1, 1996

Cromer               Dantzler             Delleney
Easterday            Felder               Fleming
Fulmer               Gamble               Hallman
Harrell              Harris, J.           Harrison
Hines, J.            Hodges               Hutson
Jaskwhich            Keegan               Kelley
Keyserling           Kinon                Kirsh
Klauber              Koon                 Lanford
Law                  Lee                  Limbaugh
Limehouse            Littlejohn           Lloyd
Loftis               Marchbanks           Mason
McCraw               McKay                McMahand
McTeer               Meacham              Moody-Lawrence
Neal                 Neilson              Phillips
Quinn                Rice                 Richardson
Riser                Robinson             Rogers
Sandifer             Seithel              Sharpe
Shissias             Simrill              Smith, R.
Spearman             Stille               Stoddard
Stuart               Townsend             Tripp
Trotter              Vaughn               Waldrop
Walker               Wells                White
Wilder               Wilkes               Wilkins
Witherspoon          Wofford              Wright
Young                Young-Brickell

Total--86

Those who voted in the negative are:

Breeland             Clyburn              Howard
Knotts               Martin               McAbee
Thomas               Tucker               Whatley
Whipper, L.          

Total--10

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.


Printed Page 3233 . . . . . Wednesday, May 1, 1996

H. 4624--RECOMMITTED

The following Bill was taken up.

H. 4624 -- Reps. McKay, Sharpe, Limbaugh, Wells, Spearman and Askins: A BILL TO AMEND TITLE 48, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-65 SO AS TO AUTHORIZE OPEN BURNING OF LEAVES, TREE BRANCHES, AND YARD TRIMMINGS ONLY UNDER CERTAIN CONDITIONS; AND TO AUTHORIZE CAMPFIRES ONLY FOR RECREATIONAL PURPOSES OR HUMAN WARMTH.

Rep. SHARPE moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.

S. 949--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.

Rep. MOODY-LAWRENCE proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10802SD.96), which was tabled.

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Notwithstanding any other provision of law, a person required to take and pass the Education Entrance Examination (EEE), pursuant to Section 59-26-20(e) or 59-26-40 of the 1976 Code, who has failed to achieve a passing score on all sections after the number of attempts allowed by law may retake for a fourth time any test section not passed.
SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. MOODY-LAWRENCE explained the amendment.

ACTING SPEAKER HARRISON IN CHAIR


Printed Page 3234 . . . . . Wednesday, May 1, 1996

Rep. MOODY-LAWRENCE continued speaking.

Rep. TOWNSEND moved to table the amendment.

Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:

Yeas 60; Nays 29

Those who voted in the affirmative are:

Allison              Baxley               Boan
Brown, H.            Cain                 Cato
Chamblee             Cromer               Dantzler
Delleney             Easterday            Fleming
Fulmer               Gamble               Hallman
Harrell              Hodges               Hutson
Jaskwhich            Jennings             Keegan
Kelley               Kirsh                Koon
Lanford              Law                  Limbaugh
Littlejohn           Loftis               Marchbanks
Mason                McKay                Quinn
Rice                 Richardson           Riser
Robinson             Seithel              Sharpe
Sheheen              Shissias             Simrill
Smith, R.            Stille               Stuart
Thomas               Townsend             Tripp
Trotter              Vaughn               Waldrop
Walker               Wells                Whatley
Wilder               Wilkins              Witherspoon
Wofford              Young                Young-Brickell

Total--60

Those who voted in the negative are:

Anderson             Askins               Breeland
Byrd                 Cave                 Clyburn
Cobb-Hunter          Felder               Harris, J.
Hines, J.            Howard               Lee
Lloyd                McCraw               McMahand
McTeer               Meacham              Moody-Lawrence
Neal                 Neilson              Phillips
Sandifer             Spearman             Stoddard

Printed Page 3235 . . . . . Wednesday, May 1, 1996

Tucker               Whipper, L.          Whipper, S.
White                Wilkes               

Total--29

So, the amendment was tabled.

Rep. SIMRILL moved to recommit the Joint Resolution.

Rep. TOWNSEND moved to table the motion, which was not agreed to by a division vote of 35 to 37.

SPEAKER IN CHAIR

The question then recurred to the motion to recommit the Joint Resolution to the Committee on Education and Public Works, which was rejected by a division vote of 30 to 51.

Reps. TOWNSEND, WRIGHT and GAMBLE proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22755SD.96), which was adopted.

Amend the joint resolution, as and if amended, by adding at the end of SECTION 2:

/The State Superintendent of Education or the chairperson of the State Board of Education may not grant any petitions to take the EEE for a fourth time which are received after the effective date of this act./

Amend the joint resolution further, as and if amended, by striking SECTION 3 and inserting:

/SECTION 3. Notwithstanding any other provision of law, before a student may enter a teacher education program after December 1, 1996, he or she must have passed the Education Entrance Examination (EEE). After December 1, 1996, any person who has failed to achieve a passing score on all sections of the EEE after two attempts may retake for a third time any test section not passed in the manner allowed by this section. The person must first complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and provide satisfactory evidence of completion of this required remedial or developmental course to the State Superintendent of Education. A third administration of the examination may then be given to this person. If the person fails to pass the EEE after the third attempt, he or she after a period of five years may take the EEE or any sections


Printed Page 3236 . . . . . Wednesday, May 1, 1996

not passed for a fourth time under the same terms and conditions provided by this section for persons desiring to take the EEE for a third time.

SECTION 4. This act takes effect upon approval by the Governor, except that the provisions of Section 2 hereof expire on December 1, 1996./

Renumber sections to conform.

Amend totals and title to conform.

Rep. TOWNSEND explained the amendment.

Rep. MOODY-LAWRENCE moved to table the amendment.

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

The House refused to table the amendment by a division vote of 15 to 46.

The amendment was then adopted.

Rep. MOODY-LAWRENCE proposed the following Amendment No. 3 (Doc Name P:\amend\GJK\22788SD.96), which was tabled.

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Notwithstanding any other provision of law, before a student may enter the professional sequence portion of a teacher education program, he or she must have passed the Education Entrance Examination (EEE). A student may take the Education Entrance Examination as many times as he or she desires. Institutions of higher learning may determine the professional sequence portion of teacher education programs.

SECTION 2. This act takes effect upon approval by the Governor./

Renumber section to conform.

Amend totals and title to conform.

Rep. MOODY-LAWRENCE explained the amendment.

Rep. GAMBLE spoke against the amendment.

ACTING SPEAKER HARRELL IN CHAIR

Rep. GAMBLE continued speaking.

Rep. MOODY-LAWRENCE spoke in favor of the amendment.

Rep. TRIPP moved to table the amendment.


Printed Page 3237 . . . . . Wednesday, May 1, 1996

Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:

Yeas 66; Nays 23

Those who voted in the affirmative are:

Allison              Askins               Baxley
Brown, H.            Cain                 Carnell
Cato                 Chamblee             Cromer
Dantzler             Delleney             Easterday
Felder               Fulmer               Gamble
Hallman              Harrell              Hutson
Keegan               Kelley               Keyserling
Kirsh                Koon                 Lanford
Law                  Limbaugh             Littlejohn
Loftis               Mason                McAbee
McCraw               McKay                Neilson
Phillips             Quinn                Rice
Riser                Robinson             Rogers
Seithel              Sharpe               Sheheen
Shissias             Simrill              Smith, R.
Spearman             Stille               Stoddard
Stuart               Thomas               Townsend
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Whatley              Wilder
Wilkins              Witherspoon          Wofford
Wright               Young                Young-Brickell

Total--66

Those who voted in the negative are:

Anderson             Breeland             Byrd
Cave                 Clyburn              Cobb-Hunter
Harris, J.           Hines, J.            Hines, M.
Howard               Jaskwhich            Lee
Lloyd                McMahand             McTeer
Meacham              Moody-Lawrence       Neal
Sandifer             Whipper, L.          Whipper, S.
White                Wilkes               

Total--23
Printed Page 3238 . . . . . Wednesday, May 1, 1996

So, the amendment was tabled.

SPEAKER IN CHAIR

Reps. LIMBAUGH and ROBINSON proposed the following Amendment No. 4 (Doc Name P:\amend\GJK\22766CM.96), which was tabled.

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Notwithstanding any other provision of law, any person who has failed to achieve a passing score on all sections of the EEE after one attempt may retake for a second time any test section not passed in the manner allowed by this section. The person must first complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and provide satisfactory evidence of completion of this required remedial or developmental course to the State Superintendent of Education. A second administration of the examination may then be given to this person. If the person fails to pass the EEE after the second attempt, he or she may not take the EEE again until not less than five (5) years after the date of the second failure have passed.

SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMBAUGH explained the amendment.

Rep. L. WHIPPER spoke against the amendment.

Rep. L. WHIPPER moved to adjourn debate upon the Joint Resolution.

Rep. TOWNSEND moved to table the motion.

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

Yeas 61; Nays 29

Those who voted in the affirmative are:

Allison              Askins               Baxley
Boan                 Brown, H.            Cain
Cato                 Chamblee             Cromer
Dantzler             Delleney             Easterday
Felder               Gamble               Harrell

Printed Page 3239 . . . . . Wednesday, May 1, 1996

Harrison             Hodges               Hutson
Jennings             Keegan               Kelley
Kinon                Kirsh                Koon
Lanford              Law                  Limbaugh
Littlejohn           Loftis               Marchbanks
Mason                McCraw               McKay
Neilson              Phillips             Quinn
Rice                 Riser                Robinson
Seithel              Sharpe               Sheheen
Shissias             Simrill              Smith, R.
Spearman             Stille               Stuart
Townsend             Tripp                Trotter
Tucker               Vaughn               Waldrop
Walker               Wells                Whatley
Wilkins              Witherspoon          Wofford
Young

Total--61

Those who voted in the negative are:

Anderson             Breeland             Brown, J.
Byrd                 Cave                 Cobb-Hunter
Fulmer               Hallman              Harris, J.
Hines, J.            Hines, M.            Howard
Jaskwhich            Keyserling           Lee
Lloyd                McMahand             McTeer
Meacham              Moody-Lawrence       Neal
Sandifer             Stoddard             Thomas
Whipper, L.          Whipper, S.          White
Wilder               Wilkes

Total--29

So, the motion to adjourn debate was tabled.

Rep. MOODY-LAWRENCE moved to continue the Joint Resolution, which was not agreed to.

Rep. TOWNSEND moved to table the amendment, which was agreed to by a division vote of 55 to 28.


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