South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

WEDNESDAY, MARCH 9, 1994

Wednesday, March 9, 1994
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 9:30 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Our Father God, we offer our grateful thanks for Your protection that attended us during the past night and for bringing us safely to this hour. Today is the tomorrow that we worried about yesterday, and we see now how foolish our anxiety was. Teach us to trust You more completely and seek Your guidance in all that we do. Keep us diligent in the tasks at hand, knowing that small deeds done are better than great deed planned. Cause us to know that none of us can do everything, but each one can do something for the good of our fellowmen and acceptable to You.

Grant us Your peace. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. DAVENPORT moved that when the House adjourns, it adjourn in memory of Robert "Bob" H. Chapman, Jr., which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 9, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R302, H. 4570 by a vote of 44 to 0.
(R302) H. 4570 -- Reps. Baker and McMahand: AN ACT TO AMEND ACT 67 OF 1965, AS AMENDED, RELATING TO THE BOARD OF FIRE CONTROL FOR THE SOUTH GREENVILLE AREA FIRE DISTRICT, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR FOR THE UNEXPIRED PORTION OF THE TERM.
Very respectfully,
President

No. 114

Received as information.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1743
Promulgated By Department of Labor, Licensing and Regulation, Occupational Health and Safety Review Board
Failure to Appear at Hearing Before the Occupational Health and Safety Review Board
Received By Speaker March 8, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date February 12, 1995

REPORTS OF STANDING COMMITTEES

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4868 -- Reps. Snow, M.O. Alexander, Allison, Anderson, J. Bailey, Baker, Barber, Baxley, Breeland, J. Brown, Byrd, Carnell, Chamblee, Clyborne, Cobb-Hunter, Corning, Cromer, Delleney, Elliott, Fair, Fulmer, Gamble, Govan, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Hines, Hodges, Holt, Huff, Inabinett, Jaskwhich, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Law, Littlejohn, Martin, Mattos, McCraw, McElveen, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, D. Smith, R. Smith, Spearman, Stille, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whipper, White, J. Wilder, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A HOUSE RESOLUTION TO REQUEST THE ATTORNEY GENERAL AND THE STATE CONSUMER ADVOCATE TO INVESTIGATE WHETHER OR NOT CERTAIN COMPANIES OR ENTITIES OFFERING RESIDENTS OF THIS STATE THROUGH THE MAIL THE OPPORTUNITY TO WIN CASH OR PRIZES THROUGH A SWEEPSTAKES OR SIMILAR TYPES OF CONTEST ARE VIOLATING ANY PROVISION OF STATE OR FEDERAL LAW.

Ordered for consideration tomorrow.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4870 -- Reps. Davenport, Meacham, Vaughn, R. Smith, M.O. Alexander, Stoddard, Marchbanks, Wofford, Stone, Stuart, Townsend, Moody-Lawrence, Harrell, Witherspoon, Cato, Simrill, Hutson, Keegan, Chamblee, Harrelson, Stille, Hallman, Haskins, Richardson, Riser, J. Wilder, Klauber, D. Wilder, Fulmer, Cromer, Spearman, J. Bailey, H. Brown, Baker, Hines, G. Bailey, Allison, Lanford, Scott, Robinson, Tucker, Wright, Carnell, Neilson, Koon, Phillips, Law, Kinon, Littlejohn, Walker, D. Smith, McCraw, Farr and Jaskwhich: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE CONGRESS OF THE UNITED STATES TO TAKE URGENT AND FIRM ACTION TO ENSURE THE HEALTH OF THE AMERICAN TEXTILE INDUSTRY.

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 699 -- Senator Land: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE TERMS AND CONDITIONS UNDER WHICH THE CREDITS MAY BE USED BY A SUCCESSOR CORPORATION FOLLOWING A MERGER, CONSOLIDATION, OR REORGANIZATION WHERE TAX ATTRIBUTES SURVIVE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1645 SO AS TO AUTHORIZE THE FILING OF A CONSOLIDATED CORPORATE INCOME TAX RETURN AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH SUCH RETURNS MAY BE FILED.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4895 -- Reps. Wright, Sturkie, Gamble, Riser, Stuart and Koon: A CONCURRENT RESOLUTION COMMENDING STEVEN A. GANTT FOR HIS OUTSTANDING PUBLIC SERVICE AS EXECUTIVE DIRECTOR OF THE IRMO CHAPIN RECREATION COMMISSION.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

On motion of Rep. HOLT, with unanimous consent, the following was taken up for immediate consideration:

S. 1241 -- Senators Richter, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE MISS FRANCES LOUISE PARKER OF CHARLESTON UPON BEING CHOSEN MISS USA 1994 AND TO EXTEND AN INVITATION TO MISS PARKER TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:15 P.M. ON TUESDAY, MARCH 15, 1994.

Whereas, Miss Frances Louise Parker was born in Anderson but spent her formative years on her family's working farm in the community of Estill in Hampton County; and

Whereas, Miss Parker, now of Charleston, competed in the Miss USA pageant in South Padre Island, Texas, against women from forty-nine other states and the District of Columbia; and

Whereas, Miss Parker was selected by a panel of judges on Friday, February 11, 1994, as Miss USA 1994; and

Whereas, as Miss USA, Miss Parker will represent the United States in the Miss Universe Pageant on May 20, 1994, in Manila, Philippines; and

Whereas, Miss Parker earned a Bachelor of Arts Degree in English from the College of Charleston and a Masters of Arts Degree in Teaching English from the Citadel; and

Whereas, Miss Parker has demonstrated her commitment to improving the opportunities for the youth of South Carolina by entering the profession of teaching at North Charleston High School where she teaches ninth grade English Literature; and

Whereas, this commitment inspired her to form and work as executive director of H.A.T.S (Helping All Teens Survive) International, an organization which helps teens in crisis by promoting a positive attitude and self-esteem through counseling and outreach programs; and

Whereas, the members of the General Assembly would like to hear her speak on the issues important to her and the State and would like to invite her to speak to a joint session of the General Assembly. Now, therefore,

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

That the members of the General Assembly congratulate Miss Frances Louise Parker of Charleston on the occasion of being chosen Miss USA 1994 and invite her to address a joint session of the General Assembly at 12:15 P.M. on Tuesday, March 15, 1994.

Be it further resolved that a copy of this resolution be forwarded to Miss USA 1994, Frances Louise Parker.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4896 -- Rep. G. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-3-995 SO AS TO PROVIDE REQUIREMENTS FOR THE SAMPLING OF DISTILLED SPIRITS IN RETAIL ALCOHOLIC LIQUOR STORES.

Referred to Committee on Labor, Commerce and Industry.

H. 4897 -- Rep. Fair: A BILL TO AMEND SECTION 13-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH REGARD TO REGULATING RADIATION SOURCES, SO AS TO LIMIT TO FOUR THE NUMBER OF HOURS REQUIRED FOR TRAINING PROGRAMS FOR OPERATORS OF TANNING EQUIPMENT.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4898 -- Rep. Sharpe: A BILL TO AMEND SECTION 29-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS FOR REPAIR OR STORAGE, SO AS TO EXPAND CIRCUMSTANCES UNDER WHICH A LIEN OCCURS, TO EXPAND THE NOTICE PROVISIONS, AND TO PROVIDE FOR THE SCHEDULING OF THE SALE; TO AMEND SECTION 56-5-5640, RELATING TO SALE OF UNCLAIMED VEHICLES, SO AS TO ALLOW FOR THE SALE BY A MAGISTRATE PURSUANT TO SECTION 29-15-10; AND TO AMEND SECTION 56-5-5900, RELATING TO LIABILITY OF LIENHOLDERS OF STOLEN VEHICLES, SO AS TO PROVIDE THAT OWNERS OR LIENHOLDERS OF STOLEN VEHICLES ARE NOT EXEMPT FROM TOWING AND STORAGE COSTS WHEN A VEHICLE IS RECOVERED.

Referred to Committee on Judiciary.

H. 4899 -- Reps. P. Harris and Cromer: A BILL TO PROVIDE THAT IT IS UNLAWFUL TO LICK, KISS, OR BITE A CANE TOAD OR TO ENGAGE IN THE ACT OF TOAD-SMOKING, AND TO PROVIDE FOR A PENALTY OF THIRTY DAYS' COMMUNITY SERVICE AT THE AQUARIUM/REPTILE COMPLEX AT RIVERBANKS ZOO IN COLUMBIA.

Referred to Committee on Judiciary.

S. 292 -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 33, TITLE 43, SO AS TO ENACT THE "EMPLOYMENT BILL OF RIGHTS FOR PERSONS WITH DISABILITIES"; TO AMEND SECTIONS 43-33-510, 43-33-520, 43-33-530, 43-33-540, AND 43-33-560, ALL RELATING TO THE "BILL OF RIGHTS FOR HANDICAPPED PERSONS", SO AS TO DELETE REFERENCES TO EMPLOYMENT AND TO CHANGE THE TERM "HANDICAPPED PERSONS" TO "PERSONS WITH DISABILITIES"; TO CHANGE THE TITLE OF ARTICLE 7, CHAPTER 33, TITLE 43 TO "BILL OF RIGHTS FOR PERSONS WITH DISABILITIES"; TO REPEAL SECTION 43-33-550 RELATING TO JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION WITH REGARD TO EMPLOYMENT DISCRIMINATION; TO REPEAL SECTION 43-33-570 RELATING TO THE DEFINITION OF REASONABLE JUSTIFICATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS SUBJECT TO FEDERAL LAW REGARDING EMPLOYMENT DISCRIMINATION.

Referred to Committee on Labor, Commerce and Industry.

S. 398 -- Senator Hayes: A BILL TO AMEND SECTIONS 27-40-710, AS AMENDED, AND 27-40-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF PROCESS TO A TENANT UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO PROVIDE THAT A LANDLORD'S OBLIGATION TO PROVIDE SERVICE UNDER THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE IS SATISFIED AFTER THE LANDLORD HAS GIVEN NOTICE ONE TIME, AND PROVIDE THE MANNER IN WHICH THIS NOTICE MUST BE GIVEN.

Referred to Committee on Judiciary.

S. 787 -- Senator Stilwell: A BILL TO AMEND ARTICLE 13, CHAPTER 7, TITLE 14 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, BY ADDING SECTION 14-7-1595, SO AS TO PROVIDE FOR EMPOWERING A COUNTY GRAND JURY TO INVESTIGATE CERTAIN OFFENSES AND GIVING THE SOLICITOR CERTAIN ADDITIONAL POWERS AND AUTHORITIES BEFORE A COUNTY GRAND JURY EMPOWERED TO INVESTIGATE THOSE OFFENSES.

Referred to Committee on Judiciary.

S. 1021 -- Senator Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-55 SO AS TO PROVIDE THAT RESPONSIBILITY FOR THE COSTS OF MEDICAL CARE FOR AN ARRESTED PERSON MUST FIRST BE FROM THE ARRESTED PERSON'S INSURANCE OR FINANCIAL RESOURCES AND THEN FROM GOVERNMENT FUNDS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 1034 -- Senator Bryan: A BILL TO AMEND SECTION 17-13-140, RELATING TO THE ISSUANCE, EXECUTION, AND RETURN OF SEARCH WARRANTS, SO AS TO PROVIDE THAT IF A WARRANT IS ISSUED UPON AN AFFIDAVIT WHICH IS SUPPLEMENTED BY SWORN ORAL TESTIMONY, THE ISSUING JUDGE MUST MAKE CONTEMPORANEOUS WRITTEN NOTES OF THAT SWORN ORAL TESTIMONY AND THOSE NOTES MUST BE MADE PART OF THE RECORD; AND TO AMEND SECTION 17-13-141, RELATING TO RECORDS TO BE KEPT BY JUDICIARY OFFICERS AUTHORIZED TO ISSUE SEARCH WARRANTS, SO AS TO REQUIRE THAT THE CONTEMPORANEOUS WRITTEN NOTES OF ANY SWORN ORAL TESTIMONY WHICH SUPPLEMENTS AN AFFIDAVIT BE KEPT AS PART OF THE RECORD.

Referred to Committee on Judiciary.

S. 1043 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 3-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTANCE BY THE STATE OF SOUTH CAROLINA OF RELINQUISHMENT OF LANDS BY THE UNITED STATES, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING THE REQUIREMENT THAT THE SECRETARY OF STATE MAINTAIN A PERMANENT FILE OF THE NOTICES OF ACCEPTANCE AND RELINQUISHMENT, AND REQUIRE THE BUDGET AND CONTROL BOARD TO MAINTAIN A PERMANENT FILE OF THESE NOTICES.

Referred to Committee on Judiciary.

S. 1077 -- Senators Patterson and Wilson: A BILL TO AMEND SECTION 55-11-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO EXTEND THE DEFINITION OF AIR CARRIER HUB TERMINAL FACILITY TO A FACILITY WITH AT LEAST FIVE COMMON CARRIER DEPARTING CARGO AND AIR FREIGHT FLIGHTS A DAY AT LEAST FIVE DAYS EACH WEEK.

Referred to Committee on Ways and Means.

S. 1119 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR REGISTRATION AS AN OPTOMETRIST, SO AS PROSPECTIVELY TO REQUIRE THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-103, RELATING TO DIAGNOSTIC AND THERAPEUTIC EXAMINATIONS, SO AS TO DELETE THE DIAGNOSTIC CATEGORY AND TO PROVIDE THAT THEY MUST BE APPROVED RATHER THAN ADMINISTERED BY THE BOARD; TO AMEND SECTION 40-37-210, RELATING TO PROCEDURES FOR TAKING AND HEARING COMPLAINTS, SO AS TO PROVIDE THAT HEARING NOTICES MAY BE SENT BY CERTIFIED MAIL; TO AMEND SECTION 40-37-290, RELATING TO OFFICE LOCATION AND POSTING OF REGISTRATIONS, SO AS TO PROHIBIT THE BOARD FROM RESTRICTING OFFICE LOCATION AND THE USE OF MOBILE UNITS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 1232 -- Judiciary Committee: A BILL TO AMEND ARTICLE 9, CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF TRAINING AND CONTINUING EDUCATION UNDER THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO MAKE THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AN ADVISORY COUNCIL, TO DEVOLVE THE FUNCTIONS OF THE COUNCIL UPON THE DEPARTMENT OF PUBLIC SAFETY AND THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, TO REVISE THE MEMBERSHIP OF THE TRAINING COUNCIL, AND TO MAKE CONFORMING CHANGES THROUGHOUT THE ARTICLE.

Referred to Committee on Judiciary.

S. 1235 -- Senator Bryan: A BILL TO ABOLISH THE MAGISTERIAL POSITION AT JACKS TOWNSHIP IN LAURENS COUNTY.

Referred to Laurens Delegation.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.        Allison                Anderson
Askins                 Bailey, J.             Baxley
Beatty                 Boan                   Breeland
Brown, G.              Brown, H.              Brown, J.
Cato                   Chamblee               Clyborne
Cobb-Hunter            Corning                Cromer
Davenport              Fair                   Farr
Gamble                 Gonzales               Hallman
Harrell                Harrelson              Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hines                  Hodges
Holt                   Hutson                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Kinon                  Kirsh
Lanford                Law                    Littlejohn
Marchbanks             Martin                 McCraw
McKay                  McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Phillips               Richardson             Riser
Robinson               Rogers                 Scott
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Snow
Stille                 Stoddard               Stone
Stuart                 Thomas                 Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Whipper                Wilder, D.             Wilder, J.
Wilkes                 Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 9.

Thomas N. Rhoad                   Denny W. Neilson
Jerry N. Govan, Jr.               Irene K. Rudnick
James S. Klauber                  F.G. "Greg" Delleney
Molly M. Spearman                 John G. Felder
Ronald C. Fulmer                  Daniel T. Cooper
George H. Bailey                  Ronald P. Townsend
Larry L. Elliott                  William S. Houck, Jr.
C. Lenoir Sturkie                 Jennings G. McAbee
Juanita M. White                  William D. Keyserling
James G. Mattos                   Thomas C. Alexander
Dewitt Williams                   Dell Baker
Alma W. Byrd                      Thomas E. Huff
June S. Shissias                  Richard M. Quinn, Jr.
Michael F. Jaskwhich              E.B. McLeod, Jr.
Ralph W. Canty                    Marion P. Carnell
Lindsey O. Graham                 Larry L. Koon
Joseph T. McElveen, Jr.           Robert A. Barber, Jr.
C. Alex Harvin, III
Total Present--124

LEAVES OF ABSENCE

The SPEAKER granted Reps. CARNELL and RHOAD a temporary leave of absence.

H. 4820--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Part IA, Section 31.

H. 4820
GENERAL APPROPRIATION BILL
SECTION 31--ADOPTED

Debate was resumed on Section 31.

Rep. CLYBORNE proposed the following Amendment No. 233 (Doc Name L:\council\legis\amend\N05\7688BDW.94), which was tabled.

Amend the bill, as and if amended, Part IA, Section 31, Department of Mental Health, page 307, by deleting line 16.

Renumber sections & amend totals/title to conform.

Rep. CLYBORNE explained the amendment.

Reps. SCOTT and MATTOS spoke against the amendment.

Rep. FAIR spoke in favor of the amendment.

Reps. MARTIN, J. WILDER, ROGERS, McMAHAND and P. HARRIS spoke against the amendment.

Rep. CLYBORNE spoke in favor of the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. JENNINGS a temporary leave of absence to attend a funeral.

Rep. CLYBORNE continued speaking.

Rep. M.O. ALEXANDER spoke against the amendment.

Rep. FAIR spoke in favor of the amendment.

Rep. ROGERS moved to table the amendment.

Rep. M.O. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:

Yeas 70; Nays 34

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Bailey, G.             Barber                 Baxley
Beatty                 Boan                   Breeland
Brown, G.              Brown, J.              Byrd
Chamblee               Cobb-Hunter            Cromer
Davenport              Delleney               Elliott
Farr                   Felder                 Gamble
Govan                  Harrelson              Harris, J.
Harris, P.             Harvin                 Harwell
Hines                  Hodges                 Holt
Houck                  Inabinett              Jaskwhich
Kennedy                Keyserling             Kinon
Kirsh                  Martin                 Mattos
McAbee                 McCraw                 McElveen
McKay                  McLeod                 McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Richardson
Rogers                 Rudnick                Sheheen
Shissias               Snow                   Spearman
Stille                 Stoddard               Thomas
Townsend               Tucker                 Waites
Whipper                White                  Wilder, D.
Wilder, J.             Wilkes                 Williams
Worley

Total--70

Those who voted in the negative are:

Allison                Baker                  Brown, H.
Cato                   Clyborne               Cooper
Corning                Fair                   Fulmer
Gonzales               Graham                 Hallman
Harrell                Harrison               Haskins
Huff                   Keegan                 Kelley
Klauber                Law                    Littlejohn
Marchbanks             Meacham                Riser
Simrill                Smith, D.              Stone
Trotter                Vaughn                 Wells
Witherspoon            Wofford                Wright
Young, A.

Total--34

So, the amendment was tabled.

Section 31 was adopted.

SECTION 46--ADOPTED

Debate was resumed on Section 46.

Reps. WAITES, SHISSIAS and WHIPPER proposed the following Amendment No. 241 (Doc Name L:\h-wm\legis\amend\CJ.026), which was tabled.

Amend the bill, as and if amended, Part IA, Section 46, Clemson University (PSA), Page 388, Paragraph IV, Line 3, opposite /Classified Positions/ by decreasing the amounts in columns (5) and (6) by /$135,000/

Amend further, Page 388, Line 5, opposite /Unclassified Positions/ by decreasing the amounts in columns (5) and (6) by /$481,000/

Amend further, Page 388, Line 10, opposite /Other Operating Expenses/ by decreasing the amounts in columns (5) and (6) by /$184,000/

Renumber sections & amend totals/title to conform.

Rep. WAITES explained the amendment.

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

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

Yeas 71; Nays 27

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Askins
Bailey, G.             Barber                 Baxley
Boan                   Brown, G.              Brown, H.
Cato                   Chamblee               Cooper
Corning                Delleney               Fair
Farr                   Fulmer                 Gonzales
Graham                 Hallman                Harrell
Harrelson              Harris, J.             Harris, P.
Harrison               Haskins                Hodges
Holt                   Hutson                 Keegan
Kelley                 Kennedy                Kinon
Klauber                Lanford                Law
Littlejohn             Marchbanks             Martin
McAbee                 McCraw                 McKay
McLeod                 McMahand               McTeer
Phillips               Quinn                  Richardson
Riser                  Robinson               Sharpe
Smith, D.              Snow                   Spearman
Stoddard               Stone                  Stuart
Sturkie                Thomas                 Townsend
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Wilder, D.             Williams               Witherspoon
Worley                 Wright

Total--71

Those who voted in the negative are:

Anderson               Bailey, J.             Baker
Beatty                 Breeland               Cromer
Davenport              Gamble                 Houck
Huff                   Inabinett              Jaskwhich
Kirsh                  McElveen               Meacham
Moody-Lawrence         Neal                   Neilson
Rudnick                Sheheen                Shissias
Simrill                Stille                 Waites
Whipper                Wilkes                 Young, A.

Total--27

So, the amendment was tabled.

Section 46 was adopted.

RECORD FOR VOTING

I inadvertently voted to not table Amendment #241. I misunderstood the motion. I intended to vote to table the amendment.

Rep. DELL BAKER

RECORD FOR VOTING

At the time of the vote on the measure whereby the House would have reduced funding for turf grass research, I was out of the Chamber meeting with members of the Beaufort County School Board. Had I been in the Chamber for the vote, I would have voted against the amendment.

Rep. WILLIAM D. KEYSERLING

SECTION 68--ADOPTED

Debate was resumed on Section 68.

Section 68 was adopted.

SECTION 69A--ADOPTED

Debate was resumed on Section 69A.

Section 69A was adopted.

SECTION 127--DEBATE ADJOURNED

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

SECTION 128--DEBATE ADJOURNED

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

SECTION 19--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on Section 19.

Reps. KIRSH and McTEER proposed the following Amendment No. 126 (Doc Name L:\h-wm\legis\amend\FR.012), which was adopted.

Amend the bill, as and if amended, Part IA, Section 19, Education, Page 251, Line 20, Opposite /Assistance Act/ by decreasing the amount in column (5) by /$500,000/

Amend further, Page 257, Line 8, Opposite /Teacher Loan/ by increasing the amount in column (5) by /$300,000/

Amend further, Page 257, Line 9, Opposite /Continuum Care/ by increasing the amount in column (5) by /$200,000/

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. CORNING proposed the following Amendment No. 251 (Doc Name L:\h-wm\legis\amend\FR.035), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Education, Page 250, Line 12, opposite /Other Operating/ by increasing the amounts in columns (5) and (6) by /2,255,000/

Amend further, Page 255, Line 8, opposite /Alloc-EIA-Constr/ by increasing the amount in column (5) by /760,000/

Renumber sections & amend totals/title to conform.

Rep. CORNING explained the amendment.

Rep. McTEER spoke against the amendment.

Rep. CORNING spoke in favor of the amendment.

Rep. McTEER moved to table the amendment, which was agreed to by a division vote of 66 to 12.

Rep. CORNING proposed the following Amendment No. 252 (Doc Name L:\h-wm\legis\amend\FR.036), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Education, Page 250, Line 12, opposite /Other Operating/ by increasing the amount in columns (5) and (6) by /7,375,000/

Amend further, Page 255, Line 8, opposite /Alloc-EIA-Constr/ by increasing the amount in column (5) by /2,040,000/

Renumber sections & amend totals/title to conform.

Rep. CORNING explained the amendment.

Rep. SIMRILL moved to table the amendment, which was agreed to by a division vote of 50 to 7.

Rep. CORNING proposed the following Amendment No. 254 (Doc Name L:\h-wm\legis\amend\FR.038), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Education, Page 250, Line 12, opposite /Other Operating/ by increasing the amount in columns (5) and (6) by /400,000/

Amend further, Page 255, Line 8, opposite /Alloc-EIA-Constr/ by increasing the amount in column (5) by /100,000/

Renumber sections & amend totals/title to conform.

Rep. CORNING explained the amendment.

Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 45 to 13.

AMENDMENT NO. 200--TABLED

Debate was resumed on Amendment No. 200, which was proposed on Tuesday, March 8, by Rep. STUART.

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

AMENDMENT NO. 214--TABLED

Debate was resumed on Amendment No. 214, which was proposed on Tuesday, March 8, by Rep. CORNING.

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

Reps. RUDNICK, STONE, R. SMITH, HUFF and SHARPE proposed the following Amendment No. 140 (Doc Name L:\h-wm\legis\amend\FR.026), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Education, Page 259, Line 23, opposite /Other Operating/ by reducing the amount in column (5) by /$100,000/

Amend further, Page 259, by inserting after Line 23 /Aid to Entities - Freeman School/ and adding an amount in column (5) /$100,000/

Renumber sections & amend totals/title to conform.

Rep. RUDNICK explained the amendment.

Rep. McTEER spoke against the amendment and Rep. PHILLIPS moved to table the amendment .

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

The amendment was then tabled by a division vote of 56 to 23.

Reps. BAXLEY, J. HARRIS and NEILSON proposed the following Amendment No. 183 (Doc Name L:\h-wm\legis\amend\TMR.022), which was adopted.

Amend the bill, as and if amended, Part IA, Section 19, SDE, Page 260, by inserting after Line 4 a new item     Column (5) Column (6)

/Assistant Director
(1.00) (1.00)/

Renumber sections & amend totals/title to conform.

The amendment was then adopted.

MOTION NOTED

Rep. JASKWHICH moved to reconsider the vote whereby Amendment No. 93 was adopted to Section 26, Part IB and the motion was noted.

Rep. BOAN moved that the House recede until 1:45 P.M., which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.

THE HOUSE RESUMES

At 1:45 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. 4820--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of amendments, Section 19.

H. 4820
GENERAL APPROPRIATION BILL
SECTION 19--ADOPTED

Debate was resumed on Section 19.

Reps. WALKER, ALLISON, BEATTY, TOWNSEND, LITTLEJOHN, DAVENPORT, SHARPE, COOPER, LANFORD, CHAMBLEE and WELLS proposed the following Amendment No. 80 (Doc Name L:\h-wm\legis\amend\FR.010), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, Page 260, Line 28, opposite /Educ Fin Act/ by increasing the amounts in columns (5) and (6) by /$17,787,469/

Renumber sections & amend totals/title to conform.

Rep. WALKER explained the amendment.

Rep. McTEER spoke against the amendment.

Rep. WALKER spoke in favor of the amendment.

Rep. McTEER moved to table the amendment.

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

Yeas 83; Nays 28

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Askins
Bailey, J.             Baker                  Barber
Baxley                 Boan                   Breeland
Brown, G.              Brown, H.              Brown, J.
Byrd                   Canty                  Carnell
Clyborne               Delleney               Felder
Fulmer                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrell                Harrelson              Harris, J.
Harris, P.             Harrison               Haskins
Hines                  Hodges                 Holt
Houck                  Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Keyserling             Kinon                  Kirsh
Klauber                Koon                   Law
Marchbanks             Mattos                 McAbee
McCraw                 McElveen               McKay
McLeod                 McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Quinn                  Rhoad                  Richardson
Rogers                 Scott                  Sheheen
Shissias               Simrill                Smith, R.
Spearman               Stoddard               Stuart
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Whipper
White                  Wilder, J.             Wilkes
Williams               Wofford                Worley
Young, A.              Young, R.

Total--83

Those who voted in the negative are:

Allison                Anderson               Cato
Chamblee               Cooper                 Corning
Davenport              Elliott                Fair
Harvin                 Harwell                Kennedy
Littlejohn             Neilson                Phillips
Riser                  Robinson               Rudnick
Smith, D.              Stille                 Stone
Thomas                 Townsend               Trotter
Walker                 Wilder, D.             Witherspoon
Wright

Total--28

So, the amendment was tabled.

Rep. McTEER explained the section.

Section 19 was adopted.

PART IB
SECTION 3--AMENDED AND ADOPTED

Debate was resumed on Section 3.

Rep. KIRSH proposed the following Amendment No. 127 (Doc Name L:\h-wm\legis\amend\TMR.025), which was adopted.

Amend the bill, as and if amended, Part IB, Section 3, Legislature, Page 513, Paragraph 57, by striking the entire paragraph except for lines 35-40 which read /The missions of each state agency will be submitted to the General Assembly in the Governor's Budget Report for Fiscal Year 1995-96. Notwithstanding Section 1-30-10(H) of the Restructuring Act, the Fiscal Year 1995-96 Appropriations Bill will be the document in which the General Assembly approves the missions of state agencies./

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Reps. HUTSON, VAUGHN, CLYBORNE, WILKINS, A. YOUNG and MARCHBANKS proposed the following Amendment No. 98 (Doc Name L:\h-wm\legis\amend\DC.ZBB), which was adopted.

Amend the bill, as and if amended, Part IB, Section 3, Legislative Dept., Page 514, Line 29, by adding an appropriately numbered paragraph to read /During FY 94-95 the General Assembly, including its appropriate standing committees, shall use a 'zero-base' budget process in the preparation of the General Appropriation Bill for FY 95-96/

Renumber sections & amend totals/title to conform.

Rep. HUTSON explained the amendment.

Rep. KIRSH spoke against the amendment.

Rep. HUTSON spoke in favor of the amendment.

Rep. MARCHBANKS spoke in favor of the amendment.

The amendment was then adopted.

Rep. DAVENPORT proposed the following Amendment No. 206 (Doc Name L:\h-wm\legis\amend\FF.015), which was tabled.

Amend the bill, as and if amended, Part IB, Section 3, Legislative, Page 514, by inserting a new paragraph to read: /From the funds provided herein, the Legislative Audit Council is directed to conduct a series of investigative audits to determine whether tenured employees in the higher education system are working productively for at least the minimum required hours per week. The study must further determine whether tenured employees continue to perform at a high level of achievement after their tenure is granted and whether low performing employees at higher pay levels are required to be kept in the system regardless of their performance. The study must further determine whether the tenure system ensures that employees show continuous improvement and academic growth. The study must further determine whether a tenure system prevents the needed flexibility to provide for ever changing educational course demands. To ensure that a factual basis is available for the time on task portion of this analysis, tenured employees are required to keep detailed timesheets showing for each date, by hour, the work that was performed. These timesheets must be available monthly or as needed at the convenience of the auditors. Each timesheet must carry a signed certification by the tenured employee that the information contained therein is true and correct. Notwithstanding any provision of law, regulation, policy, or procedure, failure to provide accurate information or the provision of false information on these timesheets shall constitute the sole basis for the termination of the employee. Within 90 days after the end of each quarter the Legislative Audit Council must provide a quarterly report to the State Reorganization Commission and the State Reorganization Commission shall subject each report to the full compliance review process./

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Rep. DAVENPORT explained the amendment.

Rep. McTEER moved to table the amendment.

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

Yeas 55; Nays 53

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Askins                 Bailey, J.             Barber
Baxley                 Boan                   Breeland
Brown, H.              Brown, J.              Byrd
Delleney               Elliott                Felder
Gamble                 Govan                  Graham
Harrelson              Harris, J.             Harvin
Harwell                Holt                   Houck
Inabinett              Jennings               Kennedy
Keyserling             Kinon                  Law
Mattos                 McAbee                 McCraw
McMahand               McTeer                 Moody-Lawrence
Rhoad                  Robinson               Rogers
Rudnick                Scott                  Sheheen
Shissias               Spearman               Stoddard
Stuart                 Tucker                 Waites
Waldrop                Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Williams

Total--55

Those who voted in the negative are:

Allison                Bailey, G.             Baker
Beatty                 Brown, G.              Cato
Chamblee               Clyborne               Cooper
Corning                Cromer                 Davenport
Fair                   Fulmer                 Gonzales
Hallman                Harrell                Harris, P.
Harrison               Haskins                Hines
Hutson                 Jaskwhich              Keegan
Kelley                 Kirsh                  Klauber
Koon                   Lanford                Littlejohn
McLeod                 Meacham                Neilson
Phillips               Quinn                  Richardson
Riser                  Sharpe                 Simrill
Smith, D.              Smith, R.              Stille
Stone                  Sturkie                Thomas
Townsend               Trotter                Vaughn
Walker                 Wilkins                Wright
Young, A.              Young, R.

Total--53

So, the amendment was tabled.

Section 3 as amended was adopted.

MOTION NOTED

Rep. ROBINSON moved to reconsider the vote whereby Amendment No. 206 in Section 3 was tabled and the motion was noted.

SECTION 11--ADOPTED

Debate was resumed on Section 11.

Section 11 was adopted.

SECTION 17G--AMENDED AND ADOPTED

Debate was resumed on Section 17G.

Rep. BEATTY proposed the following Amendment No. 148 (Doc Name L:\council\legis\amend\GJK\20601SD.94), which was adopted.

Amend the bill, as and if amended, Part IB , Section 17G, Paragraph 6, which begins on line 26, page 530, in the right-hand column, by striking /the Clemson University Division of Agriculture and Natural Resources/ and inserting /any state-supported college, university, or technical college/

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Rep. BEATTY explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 1 (Doc Name L:\h-wm\legis\amend\DC.17G), which was rejected.

Amend the bill, as and if amended, Part 1B, Section 17G, Division of Budget and Analysis, Page 533, Paragraph 25, Line 1, by striking the paragraph in its entirety and inserting /the amounts appropriated to the Budget and Control Board for Base Pay Increase must be allocated by the Board to various state agencies to provide pay increases for employees in accordance with the following plan:

A. Effective on the first pay date which occurs on or after July 1, of the current fiscal year, the compensation of all employees shall be increased by 3.25% on the first $25,000 of their current salary.

B. In addition, effective on the first pay date which occurs on or after July 1, of the current fiscal year, a one-time base pay increase shall be awarded to all employees in the following percentage amounts:

(1) Employees with less than one year of service in their current job as of July 1, 1994 will receive no increase.

(2) Employees with at least one and less than three years of service in their current job as of July 1, 1994 will receive a .5% increase.

(3) Employees with at least three and less than five years of service in their current job as of July 1, 1994 will receive a 1% increase.

(4) Employees with five or more years of service in their current job as of July 1, 1994 will receive a 1.5% increase.

Such increases shall be limited to the maximum of an employee's salary range/

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. BOAN spoke against the amendment.

Reps. HARWELL and HARRELSON spoke in favor of the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 40; Nays 74

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, J.             Baker                  Barber
Boan                   Brown, H.              Carnell
Cato                   Clyborne               Gamble
Harrell                Harris, J.             Harris, P.
Haskins                Hodges                 Holt
Jaskwhich              Keegan                 Kinon
Koon                   Law                    Marchbanks
Martin                 Mattos                 McAbee
McCraw                 McLeod                 McMahand
McTeer                 Rogers                 Rudnick
Sheheen                Tucker                 Vaughn
Waites                 Wells                  Wilder, D.
Wofford

Total--40

Those who voted in the negative are:

Anderson               Bailey, G.             Baxley
Breeland               Brown, G.              Brown, J.
Byrd                   Canty                  Chamblee
Cobb-Hunter            Cooper                 Corning
Cromer                 Davenport              Delleney
Elliott                Fair                   Farr
Fulmer                 Gonzales               Govan
Graham                 Hallman                Harrelson
Harrison               Harwell                Hines
Houck                  Huff                   Hutson
Inabinett              Jennings               Kelley
Kennedy                Keyserling             Kirsh
Klauber                Lanford                Littlejohn
McElveen               Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Quinn                  Rhoad                  Richardson
Riser                  Robinson               Scott
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Spearman
Stille                 Stoddard               Stone
Stuart                 Thomas                 Townsend
Trotter                Waldrop                Walker
Whipper                White                  Wilkes
Wilkins                Williams               Worley
Wright                 Young, A.

Total--74

So, the House refused to table the amendment.

Rep. BOAN moved to adjourn debate upon the amendment, which was rejected.

Reps. McABEE and CLYBORNE spoke against the amendment.

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

The question then recurred to the adoption of the amendment.

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

Yeas 54; Nays 62

Those who voted in the affirmative are:

Alexander, T.C.        Anderson               Bailey, G.
Breeland               Brown, J.              Byrd
Canty                  Cobb-Hunter            Cooper
Cromer                 Davenport              Elliott
Fair                   Farr                   Gonzales
Govan                  Graham                 Harrelson
Harwell                Hines                  Houck
Huff                   Hutson                 Inabinett
Kennedy                Keyserling             Kirsh
Klauber                Lanford                Littlejohn
McMahand               Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Robinson               Scott                  Smith, D.
Smith, R.              Snow                   Spearman
Stille                 Stoddard               Stone
Stuart                 Townsend               Waldrop
Whipper                White                  Wilder, D.
Wilder, J.             Wilkes                 Williams

Total--54

Those who voted in the negative are:

Alexander, M.O.        Allison                Askins
Bailey, J.             Baker                  Barber
Baxley                 Boan                   Brown, H.
Carnell                Cato                   Chamblee
Clyborne               Corning                Delleney
Fulmer                 Hallman                Harrell
Harris, J.             Harris, P.             Harrison
Haskins                Hodges                 Holt
Jaskwhich              Jennings               Keegan
Kelley                 Kinon                  Koon
Law                    Marchbanks             Martin
Mattos                 McAbee                 McCraw
McElveen               McKay                  McLeod
McTeer                 Meacham                Quinn
Richardson             Riser                  Rogers
Rudnick                Sharpe                 Sheheen
Shissias               Simrill                Trotter
Tucker                 Vaughn                 Waites
Walker                 Wells                  Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--62

So, the amendment was rejected.

Rep. BOAN proposed the following Amendment No. 15 (Doc Name L:\h-wm\legis\amend\17G.PAY), which was adopted.

Amend the bill, as and if amended, Part 1B, Section 17G, Division of Budget and Analysis, Page 533, Paragraph 25, Line 9, right column, by striking /"pay ranges/" and inserting /"minimum of the pay ranges"/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. CLYBORNE proposed the following Amendment No. 228 (Doc Name L:\council\legis\amend\DKA\3296SD.94), which was tabled.

Amend the bill, as and if amended, Part IB, Temporary Provisions, Section 17G - Division of Budget and Analyses, by striking paragraph 38 which begins on page 535 and inserting:

/38.     OSB - Cost Reduction Goal) It is hereby declared that a long term goal of the General Assembly is to reduce the cost of state government. Permanent reductions are to be achieved through: 1) legitimate cost savings measures; 2) gains in program efficiency and effectiveness; 3) increased use of other funding sources; 4) elimination or reduction of lower priority programs. To the extent practicable, reductions are to be implemented without reductions in direct services. The following appropriations are not subject to the reduction requirement: Capital Reserve Fund, Debt Service, Aid to Subdivisions, Direct Aid to School Districts (Program XIII), Distributions to School Districts for School Bus Drivers, School Bus Operating Expenses and Bus Shop Salaries, Other Operating Expenses for Textbooks and Audio-Visual Supplies, Higher Education Tuition Grants Commission, Prosecution Coordination Commission, the Department of Corrections, State Law Enforcement Division (Office of the Governor), and the Department of Public Safety. For the current fiscal year, annual general fund appropriations must be reduced for all state agencies by graduated percentages distributed in thirds based on each agencies ranking according to the FY 94-95 initial allocation of funds (with ranking accounting for deductions accomplished by the exemptions) as follows: for those agencies ranked in the first one-third of all agencies: a reduction of 1.65%; for those agencies ranked in the middle one-third of all agencies: a reduction of 1.4%; for those agencies ranked in the final one-third of all agencies: a reduction of .75%.

All agencies and institutions are to submit cost reduction plans to the Division of Budget and Analyses - Office of State Budget before October 1, 1994. The plan should include a list of which programs were reduced, by how much, and a brief description of how the reduction was accomplished and the projected impact on services. The plan should also include recommendations for statutory changes or further regulatory reform which would allow agencies to accomplish permanent cost reductions./

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Rep. CLYBORNE explained the amendment.

Rep. BOAN moved to table the amendment.

Rep. CLYBORNE demanded the yeas and nays, which was not ordered.

The amendment was then tabled by a division vote of 77 to 32.

Rep. ROBINSON proposed the following Amendment No. 110 (Doc Name L:\h-wm\legis\amend\DC.018), which was tabled.

Amend the bill, as and if amended, Part IB, Section 17G, B&CB-Div. of Budget and Analysis, Page 536, Paragraph 39, Line 30, by inserting a new line after /position./ to read: /Employees reassigned based on this provision shall be paid at the salary of the new position rather than the salary of their prior position./

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Rep. ROBINSON explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.

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

Reps. WILKINS and HODGES proposed the following Amendment No. 30 (Doc Name L:\h-wm\legis\amend\DC.SCS), which was adopted.

Amend the bill, as and if amended, Part IB, Section 17G, Division of Budget and Analyses, Page 536, Paragraphs 39 and 40, Line 23, by deleting the paragraph in its entirety.

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Rep. WILKINS explained the amendment.

The amendment was then adopted.

Rep. McABEE proposed the following Amendment No. 281 (Doc Name L:\h-wm\legis\amend\CJ.060), which was adopted.

Amend the bill, as and if amended, Part IA, Section 17G, Page 530, Paragraph 6, Line 26, by striking the Amendment number /148/ and inserting /however, that whenever the Clemson University Division of Agriculture and Natural Resources is required by law or legislative intent to grant a salary increase to its employees, the State Budget shall include such additional funds as may be necessary to fully fund such a salary increase, regardless of the source of the employee's base salary. Provided however, that education and general employees (excluding federal and auxiliary funded employees) of the colleges, universities and technical colleges will be exempted from this ratio requirement./

Renumber sections & amend totals/title to conform.

Rep. McABEE explained the amendment.

Rep. BEATTY spoke against the amendment.

Rep. MOODY-LAWRENCE moved to table the amendment.

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

Yeas 41; Nays 61

Those who voted in the affirmative are:

Allison                Anderson               Beatty
Breeland               Brown, J.              Byrd
Cato                   Cobb-Hunter            Davenport
Farr                   Govan                  Harrelson
Hines                  Huff                   Inabinett
Kelley                 Keyserling             Kirsh
Lanford                Littlejohn             Martin
McElveen               McMahand               Meacham
Moody-Lawrence         Neal                   Quinn
Richardson             Rudnick                Scott
Sheheen                Simrill                Smith, R.
Stille                 Walker                 Whipper
White                  Williams               Wofford
Worley                 Young, A.

Total--41

Those who voted in the negative are:

Alexander, T.C.        Askins                 Bailey, G.
Baker                  Barber                 Baxley
Boan                   Brown, H.              Carnell
Chamblee               Clyborne               Cooper
Corning                Delleney               Elliott
Fair                   Felder                 Fulmer
Gamble                 Graham                 Hallman
Harrell                Harris, J.             Harris, P.
Harvin                 Harwell                Haskins
Houck                  Jennings               Keegan
Kennedy                Kinon                  Koon
Law                    Marchbanks             Mattos
McAbee                 McCraw                 McKay
McLeod                 McTeer                 Phillips
Rhoad                  Riser                  Robinson
Rogers                 Shissias               Snow
Spearman               Stone                  Townsend
Trotter                Tucker                 Vaughn
Wells                  Wilder, D.             Wilder, J.
Wilkes                 Wilkins                Witherspoon
Wright

Total--61

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 70; Nays 30

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Askins
Bailey, G.             Bailey, J.             Baker
Barber                 Baxley                 Boan
Brown, H.              Carnell                Cato
Chamblee               Clyborne               Cooper
Corning                Cromer                 Elliott
Fair                   Felder                 Fulmer
Gamble                 Graham                 Harrell
Harrelson              Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Haskins                Holt                   Hutson
Jennings               Keegan                 Kennedy
Kinon                  Koon                   Law
Marchbanks             Mattos                 McAbee
McCraw                 McKay                  McLeod
McTeer                 Meacham                Neilson
Rhoad                  Richardson             Riser
Robinson               Rogers                 Shissias
Snow                   Spearman               Stone
Stuart                 Sturkie                Townsend
Trotter                Tucker                 Vaughn
Wells                  Wilder, D.             Wilder, J.
Wilkins                Witherspoon            Worley
Wright

Total--70

Those who voted in the negative are:

Anderson               Beatty                 Breeland
Brown, J.              Byrd                   Delleney
Farr                   Govan                  Hines
Inabinett              Kelley                 Keyserling
Kirsh                  Lanford                Littlejohn
McMahand               Moody-Lawrence         Neal
Phillips               Rudnick                Scott
Sheheen                Simrill                Smith, R.
Stille                 Walker                 Whipper
Williams               Wofford                Young, A.

Total--30

So, the amendment was adopted.

Reps. GAMBLE, PHILLIPS, STUART, CROMER, SHISSIAS and McCRAW proposed the following Amendment No. 70 (Doc Name L:\council\legis\amend\GJK\20583SD.94), which was adopted.

Amend the bill, as and if amended, Part IB, by adding the following immediately after Section 17G, which begins on page 529:

/Section 17L. -     Office of Insurance Services

The Budget and Control Board shall direct the Office of Insurance Services to develop a prevention component to the health insurance plan for state employees, retirees, and teachers./

Renumber sections & amend totals/title to conform.

Rep. GAMBLE explained the amendment.

The amendment was then adopted.

Section 17G as amended was adopted.

SECTION 18--ADOPTED

Debate resumed on Section 18A.

Section 18A was adopted.

SECTION 18B--ADOPTED

Debate was resumed on Section 18B.

Section 18B was adopted.

SECTION 18K--ADOPTED

Debate was resumed on Section 18K.

Section 18K was adopted.

SECTION 18M--ADOPTED

Debate was resumed on Section 18M.

Section 18M was adopted.

SECTION 18N--ADOPTED

Debate was resumed on Section 18N.

Section 18N was adopted.

SECTION 19--AMENDED AND ADOPTED

Debate was resumed on Section 19.

Reps. GAMBLE, PHILLIPS, CROMER, STUART and SHISSIAS proposed the following Amendment No. 73 (Doc Name L:\council\legis\amend\GJK\20584SD.94), which was adopted.

Amend the bill, as and if amended, Part IB, SECTION 19, which begins on page 544, by adding an appropriately numbered paragraph to read:

/____.     A school district, in its discretion, may use Critical Teaching Needs (CTN) funds for the purpose of training teachers in Conflict Resolution Methods Appropriate for classroom instruction./

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Rep. GAMBLE explained the amendment.

Rep. LAW moved to table the amendment.

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

Yeas 4; Nays 97

Those who voted in the affirmative are:

Davenport              Law                    Littlejohn
Vaughn

Total--4

Those who voted in the negative are:

Alexander, T.C.        Anderson               Bailey, G.
Baker                  Barber                 Baxley
Boan                   Breeland               Brown, G.
Brown, H.              Byrd                   Cato
Chamblee               Cobb-Hunter            Cooper
Corning                Cromer                 Delleney
Elliott                Fair                   Farr
Felder                 Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrell                Harrelson
Harris, J.             Harris, P.             Harrison
Harvin                 Harwell                Haskins
Hines                  Hodges                 Holt
Houck                  Huff                   Hutson
Inabinett              Jennings               Keegan
Kennedy                Keyserling             Kinon
Kirsh                  Koon                   Lanford
Marchbanks             Martin                 Mattos
McCraw                 McLeod                 McMahand
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Quinn
Rhoad                  Richardson             Riser
Robinson               Rudnick                Scott
Sharpe                 Sheheen                Shissias
Simrill                Smith, R.              Snow
Spearman               Stille                 Stone
Stuart                 Sturkie                Thomas
Townsend               Trotter                Tucker
Waites                 Walker                 Whipper
White                  Wilder, J.             Wilkes
Wilkins                Williams               Witherspoon
Wofford                Worley                 Wright
Young, A.

Total--97

So, the House refused to table the amendment.

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

MOTION NOTED

Rep. RUDNICK moved to reconsider the vote whereby Amendment No. 1 was rejected in Section 17G, Part IB and the motion was noted.

Reps. GAMBLE, SHISSIAS and PHILLIPS proposed the following Amendment No. 149 (Doc Name L:\council\legis\amend\GJK\20599SD.94), which was ruled out of order.

Amend the bill, as and if amended, Part IB, SECTION 19, which begins on page 544, by adding an appropriately numbered paragraph to read:

/____.     School districts may require their employees to share in the cost of enrolling in courses funded through the Critical Teaching Needs Program in an amount not to exceed twenty-five percent of the cost of enrollment./

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Rep. GAMBLE explained the amendment.

POINT OF ORDER

Rep. INABINETT raised the Point of Order that Amendment No. 149 was out of order as it was not germane.

Rep. GAMBLE argued contra the Point.

The SPEAKER stated that it did not relate to money and he sustained the Point of Order and ruled the amendment out of order.

Rep. McTEER proposed the following Amendment No. 182 (Doc Name L:\h-wm\legis\amend\TMR.031), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, SDE, Page 545, Paragraph 15, Line 44, by striking /contractual services/

Renumber sections & amend totals/title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

Rep. WELLS proposed the following Amendment No. 56 (Doc Name L:\h-wm\legis\amend\CJ.ST), which was adopted.

Amend the bill, as and if amended, Part 1B, Section 19, Education, Page 546, Paragraph 20, Line 39, by adding after /"purchase bus parts."/ the word /of/

Amend further, Line 40, by striking in the right column /"buses"/ and inserting after "lease purchase of" /student transport vehicles/

Renumber sections & amend totals/title to conform.

Rep. WELLS explained the amendment.

The amendment was then adopted.

Rep. McTEER proposed the following Amendment No. 181 (Doc Name L:\h-wm\legis\amend\TMR.030), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, SDE, Page 548, Paragraph 26, Line 19, by inserting after /these funds/ the following /for retiree insurance/

Renumber sections & amend totals/title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

Reps. TOWNSEND, WALKER, ALLISON, STILLE, LITTLEJOHN, TROTTER, WRIGHT and D. WILDER proposed the following Amendment No. 97 (Doc Name L:\h-wm\legis\amend\FR.003).

Amend the bill, as and if amended, Part IB, Section 19, Education, Page 551, Paragraph 54, Line 24, right column, by striking the proviso in its entirety.

Renumber sections & amend totals/title to conform.

Rep. TOWNSEND explained the amendment.

Rep. McTEER spoke against the amendment.

Rep. TOWNSEND spoke in favor of the amendment.

POINT OF ORDER

Rep. HARRELSON raised the Point of Order that Paragraph 54 on page 551 of the Bill was out of order as it was not germane.

Rep McTEER stated that since it was not in Part II, it did not have to refer to a line item but it did refer to other proviso sections which stipulate to meet the southeastern average. He further stated that this proviso was part of ensuring that the southeastern average was met and that it was germane because of the stipulation that the monies provided are to be made available in order to meet the southeastern average. He further stated that the salary schedules at the local districts have to be such to meet that average.

The SPEAKER stated citing Rule 5.3, that the General Appropriations Bill or Supplemental Appropriations Bill shall include only provisions for appropriating funds, provisions affecting revenue and rules, regulations, directives, and procedures relative thereto and no provision or no amendment shall be in order unless its substantial effect is directly germane to its purpose. He further stated that the paragraph did not have anything to do with any state money or any general fund or the southeastern average.

Rep McTEER stated that it was a directive that related to the southeastern average.

The SPEAKER stated that it only dealt with local funds and he sustained the Point of Order and ordered the paragraph stricken from the Bill.

Reps. MEACHAM, A. YOUNG, SIMRILL, KLAUBER, LAW and RICHARDSON proposed the following Amendment No. 52 (Doc Name L:\h-wm\legis\amend\FR.007), which was ruled out of order.

Amend the bill, as and if amended, Part IB, Section 19, Page 554, Line 28, right column, by adding an appropriately numbered paragraph to read /local school districts are allowed to provide for a moment of voluntary silent prayer at the beginning of each school day/.

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Rep. MEACHAM explained the amendment.

POINT OF ORDER

Rep. WHITE raised the Point of Order that Amendment No. 52 was out of order as it was not germane.

Rep. MEACHAM argued contra the Point in stating that all of the local districts were funded by this Bill.

The SPEAKER stated, citing Rule 5.3, that this was not a provision or rule or regulation affecting funds in the Bill and he sustained the Point of Order and ruled the amendment out of order.

Reps. MEACHAM, WELLS, ALLISON, SIMRILL, McMAHAND, STILLE, ANDERSON, RICHARDSON and CROMER proposed the following Amendment No. 90 (Doc Name L:\h-wm\legis\amend\FR.007), which was ruled out of order.

Amend the bill, as and if amended, Part IB, Section 19, Page 554, Line 28, right column, by adding an appropriately numbered paragraph to read /Any local school district which receives funding from this act is allowed to provide for a moment of voluntary silent prayer at the beginning of each school day/.

Renumber sections & amend totals/title to conform.

Rep. MEACHAM explained the amendment.

POINT OF ORDER

Rep. WHITE raised the Point of Order that Amendment No. 90 was out of order as it was not germane.

Rep. MEACHAM argued contra the Point.

The SPEAKER stated, citing Rule 5.3, that the Bill shall only include provisions for appropriating funds, provisions affecting revenue and rules, regulations and directives and procedures relative thereto which meant relative to the expenditure of revenue.

Rep. MEACHAM continued to argue contra the Point in stating that it all related to money as they all received funding.

The SPEAKER stated that it had to be a provision to tell you how you spend money, restrict how you spend money or direct how you spend money. He further stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.

Rep. RUDNICK proposed the following Amendment No. 134 (Doc Name L:\h-wm\legis\amend\TMR.026), which was tabled.

Amend the bill, as and if amended, Part IB, Section 19, SDE, Page 554, by adding an appropriately numbered paragraph to read /From the funds appropriated in 1A, the Department shall establish Regional Volunteer Coordinators to develop, promote and expand the use of volunteers in all public schools./

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Rep. RUDNICK explained the amendment.

POINT OF ORDER

Rep. ROBINSON raised the Point of Order that Amendment No. 134 was out of order as it was not germane.

The SPEAKER stated that it was directed to how they spend the money in Part IA and he overruled the Point of Order.

Rep. RUDNICK continued speaking.

LEAVES OF ABSENCE

The SPEAKER granted Reps. WILLIAMS and KENNEDY a leave of absence for the remainder of the day.

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

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

Yeas 73; Nays 19

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Askins
Baker                  Barber                 Baxley
Boan                   Carnell                Cato
Chamblee               Clyborne               Cooper
Corning                Cromer                 Davenport
Delleney               Elliott                Fair
Farr                   Gamble                 Gonzales
Hallman                Harrell                Harris, J.
Harris, P.             Harrison               Harvin
Haskins                Holt                   Jennings
Keegan                 Keyserling             Kinon
Kirsh                  Lanford                Law
Littlejohn             Marchbanks             Martin
McAbee                 McCraw                 McKay
McTeer                 Meacham                Phillips
Quinn                  Rhoad                  Richardson
Riser                  Robinson               Rogers
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stoddard
Stone                  Stuart                 Thomas
Townsend               Trotter                Vaughn
Waldrop                Walker                 Wilder, D.
Wilder, J.             Worley                 Wright
Young, A.

Total--73

Those who voted in the negative are:

Bailey, G.             Bailey, J.             Breeland
Brown, G.              Brown, J.              Byrd
Harwell                Houck                  Hutson
Inabinett              Moody-Lawrence         Neal
Neilson                Rudnick                Scott
Shissias               Waites                 Whipper
Young, R.

Total--19

So, the amendment was tabled.

HOUSE TO MEET AT 9:30 A.M. TOMORROW

Rep. WHITE moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 184 (Doc Name L:\h-wm\legis\amend\TR.021), which was ruled out of order.

Amend the bill, as and if amended, Part IB, Section 19, SDE, Page 554, Line 28, by adding an appropriately numbered paragraph to read: /The Department, in consultation with professional educational associations, shall compile a list of state and local regulations imposed on schools which they consider as unnecessarily burdensome. The findings of this study shall be reported to the General Assembly by January 1995 and must include recommendations to eliminate outdated, duplicative and unnecessary regulations imposed on schools./

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POINT OF ORDER

Rep. McTEER raised the Point of Order that Amendment No. 184 was out of order as it was not germane.

The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.

Rep. McTEER proposed the following Amendment No. 274 (Doc Name L:\h-wm\legis\amend\DM.020), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, Department of Education, Page 554, by adding and appropriated numbered paragraph to read /EFA lapse will be used to restore cuts and provide a step increase to school bus drivers/

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Rep. McTEER explained the amendment.

The amendment was then adopted.

Rep. KEYSERLING proposed the following Amendment No. 300 (Doc Name L:\h-wm\legis\amend\TR.065), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, Education, Page 554, by adding an appropriately numbered paragraph to read: /The Department of Education may designate the Beaufort and/or Jasper County School Districts as demonstration sites for privatization of student transportation services and for the coordination of community based public transportation services.

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Rep. KEYSERLING explained the amendment.

The amendment was then adopted.

Reps. TOWNSEND, WALKER, STILLE, TROTTER, ALLISON and LITTLEJOHN proposed the following Amendment No. 301 (Doc Name L:\h-wm\legis\amend\FR.070), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, Education, Page 547, Paragraph 25, Line 37, by inserting after /EFA Foundation Program./ the following /The index of taxpaying ability must also be adjusted to reflect the true market value for a manufacturing facility that is closing, or has closed, in the current year if that facility represented more than two percent of the total local revenue for that district./

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Rep. MEACHAM proposed the following Amendment No. 302 (Doc Name L:\h-wm\legis\amend\FR.007), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, Page 554, Line 28, right column, by adding an appropriately numbered paragraph to read /Any local school district which receives funding from this act shall provide for a moment of voluntary silent prayer at the beginning of each school day. And Districts not complying with this provision shall not receive any funding provided by Part IA, Section 19 (O) (page 0258) for higher order thinking skills./

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Rep. MEACHAM explained the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 97; Nays 4

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Baker                  Barber                 Baxley
Boan                   Brown, G.              Brown, H.
Byrd                   Carnell                Cato
Chamblee               Clyborne               Cooper
Corning                Cromer                 Davenport
Delleney               Elliott                Fair
Farr                   Felder                 Gamble
Gonzales               Govan                  Harrell
Harrelson              Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Haskins                Hines                  Hodges
Houck                  Huff                   Hutson
Inabinett              Jennings               Keegan
Kinon                  Kirsh                  Koon
Lanford                Law                    Littlejohn
Marchbanks             Mattos                 McAbee
McCraw                 McElveen               McKay
McLeod                 McMahand               McTeer
Meacham                Neilson                Phillips
Quinn                  Rhoad                  Richardson
Riser                  Robinson               Rogers
Rudnick                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, R.
Snow                   Spearman               Stille
Stoddard               Stone                  Stuart
Sturkie                Thomas                 Townsend
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Worley                 Wright
Young, A.

Total--97

Those who voted in the negative are:

Beatty                 Cobb-Hunter            Whipper
Young, R.

Total--4

So, the amendment was adopted.

RECORD FOR VOTING

I was out of the chamber at the time the roll call vote was taken on Amendment #302. Had I been in the chamber, I would have voted for the amendment.

Rep. JAMES S. KLAUBER

Reps. McTEER and ANDERSON proposed the following Amendment No. 304 (Doc Name L:\h-wm\legis\amend\FF.056), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, Education, Page 554, Line 28, by adding an appropriately numbered paragraph to read: /The increase in EFA funds over the prior fiscal year should be used to help fund pay increases for those school personnel who are not receiving EIA salary supplements./

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Rep. McTEER explained the amendment.

The amendment was then adopted.

Section 19 as amended was adopted.

SECTION 19A--AMENDED AND ADOPTED

Debate was resumed on Section 19A.

Rep. McTEER proposed the following Amendment No. 180 (Doc Name L:\h-wm\legis\amend\TMR.032), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A, SDE, Page 555, Paragraph 6, Lines 31-32, by striking /Basic Skills Remedial/ and inserting /Academic Assistance Act 135/

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Rep. McTEER proposed the following Amendment No. 202 (Doc Name L:\h-wm\legis\amend\TMR.035), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A, SDE, Page 558, Paragraph 31, Lines 18-19, by striking /of the/

Amend further, Page 558, Paragraph 31, Line 20, by striking /$1,248,000/

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Rep. McTEER explained the amendment.

The amendment was then adopted.

Rep. McTEER proposed the following Amendment No. 185 (Doc Name L:\h-wm\legis\amend\TMR.28), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A, SDE, Paragraph 34, Page 558, Line 44, Left Column and Line 1, Right Column by striking /Remedial and Compensatory Program/ and by inserting /Academic Assistance Act 135/

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Rep. McTEER proposed the following Amendment No. 191 (Doc Name L:\h-wm\legis\amend\TMR.033, which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A, SDE, Paragraph 43, Page 559, Line 16-17, by striking /contractual services/ and inserting /other operating expenses/

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Reps. HINES, NEILSON, ANDERSON, ASKINS, BAXLEY, BEATTY, BREELAND, G. BROWN, J. BROWN, GOVAN, HARRELSON, HARVIN, HARWELL, HOUCK, INABINETT, JENNINGS, KENNEDY, McELVEEN, McLEOD, McMAHAND, NEAL, SNOW, SPEARMAN, WILLIAMS and WORLEY proposed the following Amendment No. 258 (Doc Name L:\h-wm\legis\amend\VC.031), which was tabled.

Amend the bill, as and if amended, Part IB, Section 19A, EIA, Page 559, left column, paragraph 41, by inserting after /59-26-20(k)/ Line 38

/In addition, $100,000 of these funds must be set aside and used by the Pee Dee Consortium for minority teaching scholarships./

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Rep. HINES explained the amendment.

POINT OF ORDER

Rep. LITTLEJOHN raised the Point of Order that Amendment No. 258 was out of order as it was not germane.

The SPEAKER stated that it directed how to spend money and he overruled the Point of Order.

Rep. HARWELL spoke in favor of the amendment.

Rep. G. BROWN spoke in favor of the amendment.

LEAVES OF ABSENCE

The SPEAKER granted Reps. BAXLEY and WRIGHT a leave of absence for the remainder of the day.

Reps. LITTLEJOHN and McTEER spoke against the amendment.

Rep. NEILSON spoke in favor of the amendment.

Rep. McTEER moved to table the amendment.

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

Yeas 55; Nays 44

Those who voted in the affirmative are:

Allison                Baker                  Barber
Brown, H.              Cato                   Clyborne
Cobb-Hunter            Corning                Delleney
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrell
Harrison               Holt                   Jaskwhich
Keegan                 Kelley                 Keyserling
Klauber                Lanford                Law
Littlejohn             Marchbanks             McCraw
McTeer                 Meacham                Quinn
Rhoad                  Richardson             Riser
Rogers                 Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stuart                 Sturkie                Thomas
Trotter                Vaughn                 Waites
Walker                 Wells                  White
Wilkins                Witherspoon            Wofford
Young, A.

Total--55

Those who voted in the negative are:

Alexander, T.C.        Anderson               Askins
Bailey, G.             Beatty                 Boan
Breeland               Brown, G.              Brown, J.
Byrd                   Chamblee               Cooper
Davenport              Elliott                Felder
Harris, J.             Harvin                 Harwell
Hines                  Hodges                 Houck
Hutson                 Inabinett              Jennings
Kinon                  Kirsh                  McElveen
McLeod                 McMahand               Moody-Lawrence
Neal                   Neilson                Phillips
Robinson               Rudnick                Scott
Snow                   Stoddard               Stone
Townsend               Wilder, D.             Wilder, J.
Wilkes                 Worley

Total--44

So, the amendment was tabled.

Reps. MATTOS and McTEER proposed the following Amendment No. 3 (Doc Name L:\h-wm\legis\amend\TMR.CTN), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A, SDE, Page 561, Paragraph 56, Line 40, by inserting after /plan/ the following /These funds may be used for courses which support the education of students with disabilities or special needs in the regular classroom/

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Rep. McTEER explained the amendment.

The amendment was then adopted.

Rep. MATTOS proposed the following Amendment No. 193 (Doc Name L:\h-wm\legis\amend\FR.027), which was ruled out of order.

Amend the bill, as and if amended, Part IB, Section 19A, Education, Page 562, Paragraph 63, Line 5, Left Column, by inserting after /placement./ /The Department shall develop a plan for Community-based alternative initiatives for status offenders to be presented to the Ways and Means Committee, House Education & Public Works Committee, Senate Finance Committee, and Senate Education Committee by January 15, 1995./

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POINT OF ORDER

Rep. BOAN raised the Point of Order that Amendment No. 193 was out of order as it was not germane.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Rep. RUDNICK proposed the following Amendment No. 139 (Doc Name L:\h-wm\legis\amend\FR.025), which was tabled.

Amend the bill, as and if amended, Part IB, Section 19A, Education, Page 562, Paragraph 64, Line 6, by striking the proviso in its entirety.

Amend further, Page 562, by adding an appropriately numbered paragraph to read: /The Department shall provide statewide administrators and teachers training in the best practices for addressing student violence and shall develop or select non-violent problem solving curricula and other appropriate violence prevention approaches./

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POINT OF ORDER

Rep. BOAN raised the Point of Order that Amendment No. 139 was out of order as it was not germane.

The SPEAKER overruled the Point of Order.

Rep. RUDNICK explained the amendment.

Rep. McTEER moved to table the amendment.

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

The amendment was then tabled by a division vote of 40 to 20.

Rep. McTEER proposed the following Amendment No. 259 (Doc Name L:\h-wm\legis\amend\FR.030), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, Page 562, Line 11, Left Column, by adding an appropriately numbered paragraph to read /The funds appropriated for Long Distance Learning shall be allocated to ETV to develop this program in the public schools. For FY 1994-95, however, ETV may temporarily use these funds to assist in its transition to a new facility, provided the funds are replaced and used for Long Distance Learning/

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Rep. McTEER explained the amendment.

The amendment was then adopted.

Rep. McTEER proposed the following Amendment No. 203 (Doc Name L:\h-wm\legis\amend\TMR.036), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A, SDE, Page 562, Lined 11, by adding an appropriately numbered paragraph to read /Funds appropriated for the School Innovation Grants and allocated to the school districts for innovative initiatives in the prior fiscal year may be retained and expended by the school districts for the same purpose during the current fiscal year./

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Rep. McTEER explained the amendment.

The amendment was then adopted.

Section 19A as amended was adopted.

SECTION 30--AMENDED AND ADOPTED

Debate was resumed on Section 30.

Reps. CATO, ROBINSON and GRAHAM proposed the following Amendment No. 209 (Doc Name L:\council\legis\amend\CYY\15859AC.94), which was tabled.

Amend the bill, as and if amended, Part IB, JO2 -- Section -- 30 DHEC, paragraph 23, page 574, lefthand column, by adding at the end of line 12:

/However, a public drinking water system is exempt from the fees authorized by this paragraph 23 if the system:

(1)     contracts with a private laboratory to provide monitoring and analytical services;

(2)     provides the department such information as required by the department and which the department would obtain if the department were conducting these services for the system; and

(3)     is otherwise in compliance with the Federal Safe Drinking Water Act./

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Rep. CATO explained the amendment.

Rep. BOAN moved to table the amendment, which was agreed to by a division vote of 53 to 27.

Reps. ROBINSON and LANFORD proposed the following Amendment No. 210 (Doc Name L:\council\legis\amend\CYY\15861AC.94), which was tabled.

Amend the amendment offered by Representative Sharpe bearing Document Number L:\Council\Legis\Amend\CYY\15842AC.94 by deleting /fifty cents/ and inserting /ten cents/ and by adding at the end before the period /or shall pay one thousand dollars a year user fee, whichever is greater/.

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Rep. LANFORD explained the amendment.

Rep. SHARPE spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 61 to 32.

MOTION NOTED

Rep. SPEARMAN moved to reconsider the vote whereby Amendment No. 258 was tabled in Section 19A, Part IB and the motion was noted.

Reps. BAKER, SHARPE and WITHERSPOON proposed the following Amendment No. 285 (Doc Name L:\h-wm\legis\amend\DC.064), which was adopted.

Amend the bill, as and if amended, Part IB, Section 30, DHEC, Page 573, Paragraph 23, Line 23, by striking the paragraph in its entirety and inserting the language attached.

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AMENDMENT NO. 151--TABLED

Debate was resumed on Amendment No. 151, which was proposed on Tuesday, March 8, by Rep. McABEE.

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

AMENDMENT NO. 45--MOTION TO RECONSIDER TABLED

The motion of Rep. GONZALES to reconsider the vote whereby Amendment No. 45 was adopted in Section 30, Part IB was taken up.

Rep. GONZALES moved to table the motion to reconsider, which was agreed to.

Section 30 as amended was adopted.

SECTION 41 - AMENDED AND ADOPTED

Debate was resumed on Section 41.

Reps. GAMBLE and LANFORD proposed the following Amendment No. 75 (Doc Name L:\council\legis\amend\GJK\20587SD.94), which was rejected, later reconsidered and adopted.

Amend the bill, as and if amended, Part IB, by adding an appropriately numbered paragraph to SECTION 41, which begins on page 583 to read:

/____.     No state funds may be used by the Department of Corrections to maintain or operate weight rooms for recreational use by inmates incarcerated in department facilities, and no state funds may be used to purchase or maintain equipment or for personnel for such purposes beyond that which is currently in inventory./

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Rep. LANFORD explained the amendment.

Rep. NEAL moved to table the amendment.

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

Yeas 37; Nays 60

Those who voted in the affirmative are:

Anderson               Bailey, J.             Barber
Boan                   Breeland               Byrd
Cobb-Hunter            Corning                Delleney
Farr                   Gonzales               Harris, J.
Harrison               Hines                  Holt
Inabinett              Keyserling             Koon
McAbee                 McElveen               McTeer
Moody-Lawrence         Neal                   Rhoad
Richardson             Riser                  Rudnick
Scott                  Sharpe                 Sheheen
Shissias               Sturkie                Waites
Whipper                White                  Wilder, J.
Wilkes

Total--37

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, G.             Brown, G.
Brown, H.              Carnell                Cato
Chamblee               Cooper                 Davenport
Fair                   Felder                 Fulmer
Gamble                 Govan                  Graham
Hallman                Harrell                Harwell
Haskins                Houck                  Hutson
Jennings               Keegan                 Kelley
Klauber                Lanford                Law
Littlejohn             Marchbanks             McCraw
McKay                  McLeod                 Meacham
Phillips               Quinn                  Robinson
Rogers                 Simrill                Smith, D.
Smith, R.              Snow                   Spearman
Stille                 Stoddard               Stone
Stuart                 Townsend               Trotter
Tucker                 Vaughn                 Walker
Wells                  Wilkins                Witherspoon
Wofford                Worley                 Young, A.

Total--60

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 47; Nays 53

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Askins
Brown, H.              Cato                   Chamblee
Clyborne               Davenport              Fair
Felder                 Fulmer                 Gamble
Graham                 Hallman                Harrison
Haskins                Hutson                 Keegan
Kelley                 Klauber                Lanford
Law                    Littlejohn             Marchbanks
McCraw                 McLeod                 Meacham
Phillips               Quinn                  Riser
Robinson               Rogers                 Simrill
Smith, D.              Smith, R.              Stille
Stoddard               Stone                  Trotter
Tucker                 Vaughn                 Walker
Wells                  Wilkins                Wofford
Worley                 Young, A.

Total--47

Those who voted in the negative are:

Alexander, M.O.        Anderson               Bailey, G.
Bailey, J.             Barber                 Beatty
Boan                   Breeland               Brown, G.
Byrd                   Carnell                Cobb-Hunter
Corning                Delleney               Farr
Gonzales               Govan                  Harrelson
Harris, J.             Harvin                 Harwell
Hines                  Hodges                 Holt
Houck                  Inabinett              Jennings
Keyserling             Kinon                  Koon
Martin                 McAbee                 McElveen
McKay                  McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Rhoad                  Richardson             Rudnick
Scott                  Sheheen                Shissias
Snow                   Spearman               Sturkie
Waites                 Whipper                White
Wilder, J.             Wilkes

Total--53

So, the amendment was rejected.

Reps. HARVIN, KENNEDY, SNOW, CANTY, McELVEEN, McLEOD, G. BROWN and NEAL proposed the following Amendment No. 89 (Doc Name L:\h-wm\legis\amend\DH.TCI), which was adopted.

Amend the bill, as and if amended, Part IB, Section 41, Corrections, Page 584, Paragraph 13, Line 17, by striking /Ridgeland/ and inserting /Turbeville/

Further amend, Page 584, Paragraph 14, Line 23, by striking /Turbeville/ and inserting /Ridgeland/

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Rep. HARVIN explained the amendment.

Rep. BOAN spoke against the amendment.

Rep. WHITE spoke against the amendment.

Rep. ROGERS spoke against the amendment.

Rep. HARVIN spoke in favor of the amendment.

Rep. McTEER moved to table the amendment.

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

Yeas 29; Nays 68

Those who voted in the affirmative are:

Barber                 Boan                   Breeland
Brown, H.              Clyborne               Cobb-Hunter
Govan                  Harrelson              Harris, J.
Inabinett              Keyserling             Kirsh
Mattos                 McCraw                 McTeer
Moody-Lawrence         Quinn                  Rhoad
Richardson             Riser                  Rogers
Rudnick                Sheheen                Stille
Stone                  Stuart                 Whipper
White                  Wilder, J.

Total--29

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, J.
Brown, G.              Byrd                   Carnell
Cato                   Chamblee               Cooper
Corning                Davenport              Delleney
Fair                   Fulmer                 Gamble
Gonzales               Graham                 Hallman
Harrison               Harvin                 Harwell
Hines                  Houck                  Hutson
Jennings               Keegan                 Kelley
Kinon                  Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             Martin                 McElveen
McKay                  McLeod                 McMahand
Meacham                Neal                   Neilson
Phillips               Robinson               Scott
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Spearman
Thomas                 Trotter                Tucker
Vaughn                 Waites                 Walker
Wells                  Wilder, D.             Wilkes
Witherspoon            Wofford                Worley
Young, A.              Young, R.

Total--68

So, the House refused to table the amendment.

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

RECORD FOR VOTING

I was unable to be present when the vote was taken on Amendment No. 89. Had I been present I would have voted no.

Rep. KENNETH KENNEDY

MOTION NOTED

Rep. RICHARDSON moved to reconsider the vote whereby Amendment No. 75 was rejected and the motion was noted.

Reps. WHITE and McTEER proposed the following Amendment No. 313 (Doc Name L:\h-wm\legis\amend\DH.039), which was tabled.

Amend the bill, as and if amended, Part IB, Section 41, SCDC, Page 583, by adding an appropriately numbered paragraph to read /The Commissioner of the South Carolina Department of Corrections shall, from funds authorized in the Act, designate the use of funds for the Ridgeland or Turbeville Correctional Institution based on the first institution available for occupancy/

Renumber sections & amend totals/title to conform.

Rep. McTEER explained the amendment.

Rep. WHITE spoke in favor of the amendment.

Rep. HARVIN moved to table the amendment.

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

Yeas 70; Nays 27

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, J.
Boan                   Brown, G.              Byrd
Cato                   Chamblee               Cooper
Corning                Davenport              Delleney
Fair                   Felder                 Fulmer
Gamble                 Gonzales               Graham
Hallman                Harrell                Harrison
Harvin                 Harwell                Hines
Hodges                 Houck                  Hutson
Jennings               Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Lanford                Law                    Littlejohn
Marchbanks             Martin                 Mattos
McElveen               McKay                  McLeod
McMahand               Meacham                Moody-Lawrence
Neal                   Phillips               Robinson
Scott                  Shissias               Simrill
Smith, D.              Smith, R.              Snow
Stone                  Thomas                 Trotter
Tucker                 Vaughn                 Walker
Wells                  Wilder, D.             Wilkes
Wilkins                Wofford                Worley
Young, R.

Total--70

Those who voted in the negative are:

Barber                 Beatty                 Breeland
Brown, H.              Carnell                Cobb-Hunter
Govan                  Harrelson              Harris, J.
Holt                   Inabinett              Keyserling
McCraw                 McTeer                 Quinn
Rhoad                  Richardson             Riser
Rogers                 Rudnick                Sheheen
Stille                 Stuart                 Waites
Whipper                White                  Wilder, J.

Total--27

So, the amendment was tabled.

RECORD FOR VOTING

I was unable to be present when the vote was taken on Amendment No. 313. Had I been present I would have voted yes.

Rep. KENNETH KENNEDY

AMENDMENT NO. 75--RECONSIDERED AND ADOPTED

The motion of Rep. RICHARDSON to reconsider the vote whereby Amendment No. 75 was rejected was taken up.

Rep. BOAN moved to table the motion to reconsider.

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

Yeas 40; Nays 60

Those who voted in the affirmative are:

Bailey, J.             Barber                 Beatty
Boan                   Breeland               Brown, G.
Brown, J.              Byrd                   Cobb-Hunter
Corning                Delleney               Harrelson
Harris, J.             Hines                  Hodges
Holt                   Inabinett              Jennings
Keyserling             Kinon                  Kirsh
Martin                 McAbee                 McElveen
McMahand               McTeer                 Moody-Lawrence
Neal                   Rhoad                  Rudnick
Scott                  Sheheen                Shissias
Spearman               Stille                 Waites
Whipper                White                  Wilder, J.
Wilkes

Total--40

Those who voted in the negative are:

Alexander, M.O.        Allison                Anderson
Askins                 Brown, H.              Carnell
Cato                   Chamblee               Clyborne
Cooper                 Davenport              Fair
Felder                 Fulmer                 Gamble
Gonzales               Govan                  Graham
Harrell                Harrison               Harwell
Haskins                Houck                  Hutson
Keegan                 Kelley                 Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             Mattos
McKay                  McLeod                 Meacham
Phillips               Quinn                  Richardson
Riser                  Robinson               Rogers
Simrill                Smith, D.              Smith, R.
Snow                   Stone                  Stuart
Thomas                 Townsend               Trotter
Tucker                 Vaughn                 Walker
Wells                  Wilder, D.             Wilkins
Wofford                Worley                 Young, A.

Total--60

So, the House refused to table the motion to reconsider.

Rep. HARRELSON spoke against the motion to reconsider.

Reps. SIMRILL and LANFORD spoke in favor of the motion to reconsider.

The question then recurred to the motion to reconsider the vote.

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

Yeas 65; Nays 28

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Brown, H.              Carnell
Cato                   Chamblee               Clyborne
Cooper                 Corning                Davenport
Fair                   Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrell                Harrison
Harvin                 Haskins                Holt
Houck                  Hutson                 Jennings
Keegan                 Kelley                 Kinon
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Mattos                 McCraw                 McKay
McLeod                 Meacham                Phillips
Quinn                  Richardson             Riser
Robinson               Rogers                 Scott
Simrill                Smith, D.              Smith, R.
Stille                 Stone                  Stuart
Townsend               Trotter                Vaughn
Walker                 Wells                  Wilder, D.
Wilkins                Witherspoon            Wofford
Worley                 Young, A.

Total--65

Those who voted in the negative are:

Anderson               Bailey, J.             Barber
Breeland               Brown, J.              Byrd
Cobb-Hunter            Delleney               Harrelson
Harris, J.             Hodges                 Inabinett
Keyserling             Martin                 McAbee
McElveen               McMahand               McTeer
Moody-Lawrence         Neal                   Rudnick
Sheheen                Shissias               Spearman
Waites                 Whipper                White
Wilkes

Total--28

So, the motion to reconsider was agreed to.

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

Section 41 as amended was adopted.

Rep. BOAN moved that the House do now adjourn, which was adopted.

MOTION NOTED

Rep. BOAN moved to reconsider the vote whereby Part IA, Sections 31, 46, 68, 69A, 19, Part IB, Sections 3, 11, 17G, 18A, 18B, 18K, 18M, 18N, 19, 19A, 30 and 41 were adopted and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.

SILENT PRAYER

On motion of Rep. THOMAS, the House stood in silent prayer in memory of Major Spencer Guerry of Georgetown County.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4891 -- Reps. Rogers, Waites, Scott, Shissias, Quinn, Harrison, J. Brown, Neal, Byrd, Corning, Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rhoad, Richardson, Riser, Robinson, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING SYMPATHY FROM THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FRIENDS AND FAMILY OF C. HEYWARD BELSER OF COLUMBIA, FORMER CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, WHO DIED THURSDAY, MARCH 3, 1994.

H. 4894 -- Reps. Carnell and McAbee: A CONCURRENT RESOLUTION CONGRATULATING MARGARET HERRING JENNINGS ON HER ELECTION AS PRESIDENT OF THE AMERICAN SCHOOL COUNSELORS ASSOCIATION.

H. 4895 -- Reps. Wright, Sturkie, Gamble, Riser, Stuart and Koon: A CONCURRENT RESOLUTION COMMENDING STEVEN A. GANTT FOR HIS OUTSTANDING PUBLIC SERVICE AS EXECUTIVE DIRECTOR OF THE IRMO CHAPIN RECREATION COMMISSION.

ADJOURNMENT

At 8:00 P.M. the House in accordance with the motion of Rep. DAVENPORT adjourned in memory of Robert "Bob" H. Chapman, Jr., to meet at 9:30 A.M. tomorrow.

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