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

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| Printed Page 4730, June 12 | Printed Page 4750, June 12 |

Printed Page 4740 . . . . . Monday, June 12, 1995

SECTION 7. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

/s/Nikki Setzler /s/Ronald Townsend
/s/James Bryan /s/David Wright
/s/Samuel Stilwell /s/Rita Allison

On the part of the Senate.On the part of the House of Representatives.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

S. 365--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CANTY a leave of absence.

H. 3690--FREE CONFERENCE POWERS GRANTED

Rep. HARRELL moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.

Rep. FELDER spoke in favor of granting Free Conference Powers.

Rep. HARRELL spoke in favor of granting Free Conference Powers.

Rep. L. WHIPPER moved that the House resolve itself into a Committee of the Whole.

Rep. A. YOUNG moved to table the motion.


Printed Page 4741 . . . . . Monday, June 12, 1995

Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Yeas 79; Nays 34

Those who voted in the affirmative are:

Allison          Askins           Baxley
Boan             Brown, G.        Cain
Cato             Cave             Chamblee
Cooper           Cotty            Dantzler
Davenport        Delleney         Easterday
Elliott          Fair             Felder
Fleming          Fulmer           Gamble
Harrell          Harris, J.       Harris, P.
Harrison         Harvin           Haskins
Herdklotz        Huff             Hutson
Jennings         Keegan           Kelley
Kinon            Klauber          Knotts
Koon             Law              Limbaugh
Limehouse        Littlejohn       Marchbanks
Mason            McAbee           McCraw
McElveen         McKay            McTeer
Meacham          Phillips         Quinn
Rhoad            Rice             Riser
Robinson         Sandifer         Sharpe
Simrill          Smith, D.        Smith, R.
Stoddard         Stuart           Thomas
Townsend         Tripp            Trotter
Vaughn           Waldrop          Walker
Wells            Whatley          Wilkes
Wilkins          Witherspoon      Wofford
Worley           Wright           Young, A.
Young, J.

Total--79

Those who voted in the negative are:

Anderson         Beatty           Breeland
Brown, J.        Brown, T.        Byrd
Carnell          Clyburn          Cobb-Hunter
Cromer           Govan            Hines
Hodges           Howard           Inabinett


Printed Page 4742 . . . . . Monday, June 12, 1995

Kennedy          Keyserling       Kirsh
Lloyd            McMahand         Moody-Lawrence
Neal             Richardson       Rogers
Scott            Seithel          Sheheen
Shissias         Spearman         Stille
Whipper, L.      Whipper, S.      Wilder
Williams

Total--34

So, the motion to resolve itself into a Committee of the Whole was tabled.

Rep. FELDER spoke in favor of granting Free Conference Powers.

The question then recurred to the motion to grant Free Conference Powers.

The yeas and nays were taken resulting as follows:

Yeas 87; Nays 25

Those who voted in the affirmative are:

Allison          Askins           Baxley
Boan             Brown, G.        Cain
Carnell          Cato             Cave
Chamblee         Cooper           Cotty
Cromer           Dantzler         Davenport
Delleney         Easterday        Elliott
Fair             Felder           Fleming
Fulmer           Gamble           Harrell
Harris, J.       Harris, P.       Harrison
Harvin           Haskins          Herdklotz
Huff             Hutson           Jennings
Keegan           Kelley           Kinon
Klauber          Knotts           Koon
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
McAbee           McCraw           McKay
McTeer           Meacham          Neilson
Phillips         Quinn            Rhoad
Rice             Riser            Robinson
Sandifer         Seithel          Sharpe


Printed Page 4743 . . . . . Monday, June 12, 1995

Shissias         Simrill          Smith, D.
Smith, R.        Spearman         Stille
Stoddard         Stuart           Thomas
Townsend         Tripp            Trotter
Tucker           Vaughn           Waldrop
Walker           Wells            Whatley
Wilder           Wilkes           Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.

Total--87

Those who voted in the negative are:

Anderson         Beatty           Breeland
Brown, T.        Byrd             Clyburn
Cobb-Hunter      Govan            Hines
Hodges           Howard           Inabinett
Keyserling       Kirsh            Lloyd
McMahand         Moody-Lawrence   Neal
Richardson       Rogers           Scott
Sheheen          Whipper, L.      Whipper, S.
Williams

Total--25

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. HARRELL, H. BROWN and FELDER to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

H. 3690---FREE CONFERENCE REPORT ADOPTED

FREE CONFERENCE REPORT

The General Assembly, Columbia, S.C., June 9, 1995

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.


Printed Page 4744 . . . . . Monday, June 12, 1995

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION 1. Revenues derived by the Department of Revenue and Taxation pursuant to Section 12-21-2720(C) of the 1976 Code as in effect on January 1, 1995, shall lapse to the general fund of the State.

SECTION 2. From fiscal year 1994-95 general fund surplus revenues in excess of $54,591,247 and subject to the provisions of Section 1, the following sums are appropriated in order of priority from the general fund of the State for the purposes stated:
1. Operating Deficit

Appellate Defense. . . . .94,296
2. Operating Deficit

Adjutant General. . . . .639,843
3. General Reserve Fund Transfer. . . . .10,556,980
4. Aid to Subdivisions

Local Government Fund. . . . .15,717,734
5. Department of Education

Instructional Materials. . . . .10,000,000
6. Department of Health and

Human Services

Maintain Medicaid Program. . . . .11,922,841
7. Department of Health and

Human Services

Community Long Term Care. . . . .1,062,628
8. Department of Health and

Human Services

Emotionally Disturbed Children. . . . .12,000,000
9. Commission on Higher Education

Phase in of Base Reduction. . . . .98,220
10. Department of Education

Fringe Equity. . . . .8,500,000
11. Department of Education

Bus Driver Bonus. . . . .1,500,000

The State Department of Education shall develop a plan for the distribution of bus driver bonus pay. The bonus is not a part of the employee's salary and is not earnable compensation for purposes of employer or employee contributions to the retirement system.


Printed Page 4745 . . . . . Monday, June 12, 1995

12. Probation, Parole and

Pardon

Offender Supervision & Agents. . . . .1,658,116
13. Wil Lou Gray

Food Service-USDA. . . . .15,000
14. Vocational Rehabilitation

Case Services. . . . .950,000
15. Commission on Higher Education

EPSCOR. . . . .2,000,000
16. Commission on Higher Education

SCAMP. . . . .600,000
17. Human Affairs Commission

Investigators. . . . .150,000
18. Department of Corrections

Ridgeland. . . . .11,828,074
19. Judicial Department

New Judges. . . . .1,000,000
20. Attorney General

Statewide Grand Jury. . . . .313,000
21. Higher Education Tuition Grants

Tuition Grants. . . . .1,218,736
22. Commission on Higher Education

Formula. . . . .18,128,876
23. Probation, Parole and Pardon

Electronic Monitoring. . . . .1,000,000
24. Probation, Parole and Pardon

Halfway Houses-Alston Wilkes Society. . . . .200,000
25. Department of Agriculture

Market Services-Grading/Inspection. . . . .52,547
26. Department of Natural Resources

Land Resources-Operating Expenses, Insurance. . . . .150,000
27. State Budget and Control Board

Grant Funds. . . . .330,000
28. Commission on Higher Education

Greenville Higher Education Consortium. . . . .200,000
29. USC-Columbia

African-American Studies. . . . .200,000
30. USC-Columbia

Law School Library. . . . .330,000


Printed Page 4746 . . . . . Monday, June 12, 1995

31. State Board for Technical and

Comprehensive Education

Special School Funding. . . . .5,000,000
32. Department of Education

Library Materials. . . . .1,000,000
33. Department of Education

Darlington Desegregation. . . . .500,000
34. Educational Television Commission

Technology for all Schools. . . . .500,000
35. School for Deaf and Blind

Campus Safety-Contractual. . . . .50,000
36. Confederate Relic Room

Renovation. . . . .62,000
37. State Library

Reading Devices. . . . .276,000
38. Arts Commission

Computer Network. . . . .25,000
39. Commission for the Blind

Dorm Roof Repairs. . . . .204,240
40. Department of Natural Resources

Vehicles and Law Enforcement Equipment. . . . .800,000
41. Department of Natural Resources

Law Enforcement-Replace Aircraft Engine. . . . .60,000
42. Department of Natural Resources

Water Resources-

Computer Mapping System. . . . .205,000
43. Department of Natural Resources

Fisheries-Dennis Wildlife Center

Maintenance. . . . .300,000
44. Department of Natural Resources

Marine Resources-Dredge Boat Slip. . . . .530,000
45. Department of Natural Resources

Communications-Map Education

Program and Equipment Replacement. . . . .100,000
46. Parks, Recreation & Tourism

Dr. Ron McNair Memorial. . . . .50,000
47. Department of Commerce

Williamsburg Airport Improvements. . . . .405,400
48. Department of Commerce

York Airport Improvements. . . . .500,000


Printed Page 4747 . . . . . Monday, June 12, 1995

49. Department of Commerce

Hartsville Airport Improvements. . . . .389,727
50. Property Tax Relief Fund. . . . .11,699,405
51. The Citadel-Women's Leadership Program. . . . .2,000,000
52. Coordinating Council for

Economic Development. . . . .1,350,000
53. Coastal Carolina University

Humanities Building A & E. . . . .600,000
54. SC State University

1890 Extension Program. . . . .500,000
55. Governor's Office-SLED

DataMaster. . . . .275,000
56. Clemson PSA

Animal Diagnostic Lab. . . . .5,097,060
57. University of South Carolina

Institute of Public Affairs. . . . .500,000
58. Department of Mental Health

Reimburse Patient Fee Account. . . . .3,800,000
59. House of Representatives

Committee on Aging. . . . .80,000
60. Budget & Control Board

Advisory Commission on

Intergovernmental Relations. . . . .250,000

From the funds appropriated, the Director of the Advisory Commission on Intergovernmental Relations, Budget and Control Board, will conduct a study of the infrastructure capacity, needs, and developmental potential within the regions of the State. An advisory steering committee will be comprised of the Executive Director of the Budget and Control Board, the Secretary of Commerce, the Executive Director of the Department of Transportation, the Director of the Department of Parks, Recreation & Tourism, or their designees, three appointees of the Governor, three appointees of the Chairman of the Senate Finance Committee, three appointees of the Chairman of the House Ways & Means Committee and three representatives selected by the executive directors of the Regional Councils of Government. This committee will assist in the design of the study and will participate in the analysis of its findings. The Governor will designate one of his appointees to serve as chairperson. A final report will be submitted to the Governor, the Chairman of the Senate Finance Committee and the Chairman of the House Ways & Means Committee by June 30, 1996.


Printed Page 4748 . . . . . Monday, June 12, 1995

61. University of South Carolina

Center for Electrochemical Engineering. . . . .500,000
62. University of South Carolina

Small Business Development Center

Base Closure Grant Match. . . . .150,000
63. Coordinating Council for

Economic Development. . . . .5,000,000
64. Department of Health and

Environmental Control

Sullivan's Island Beach

Inlet Renourishment. . . . .30,000

Funds appropriated for the Sullivan's Island Breach Inlet Renourishment Project cannot be expended until the Mayor of Sullivan's Island certifies to the Department of Health and Environmental Control that matching funds are available for expenditure.
65. Attorney General's Office

Insurance Fraud Unit. . . . .50,000
66. State Law Enforcement Division

Insurance Fraud Unit. . . . .50,000
67. Medical University of South Carolina

Dialysis Research. . . . .165,000
68. Governor's Office

Legacy Trust Fund. . . . .2,250,000
69. Department of Mental Health

Pee Dee Mental Health Center. . . . .4,500,000
70. Probation, Pardon and Parole

Employment Services. . . . .50,000
71. Department of Commerce

Chester County Airport

Improvements. . . . .300,000
72. Department of Agriculture

Chester County Farmers Market

Renovations. . . . .35,000
73. Department of Education

Tugaloo

Environmental Education. . . . .150,000
74. Governor's Office - OEPP

Legal Services Program. . . . .50,000
75. Budget and Control Board

Equity Lawsuit. . . . .100,000


Printed Page 4749 . . . . . Monday, June 12, 1995

76. Department of Education

Governor's School of Math

and Science. . . . .2,000,000
77. Department of Natural Resources

Boat Facility

Matching Federal Funds. . . . .200,000
78. State Law Enforcement Division

DNA Program: Freezer and Implementation. . . . .100,000
79. City of Newberry

Opera House Restoration. . . . .250,000
80. Budget and Control Board

Division of Operations

Carolina Plaza. . . . .600,000
81. Adjutant General

Armory Maintenance and Repair. . . . .500,000
82. Property Tax Relief Fund. . . . .11,200,000
83. Coastal Carolina University

Community Fitness Center. . . . . 250,000

Total. . . . .178,005,723

SECTION 3. (A) Appropriations in Section 2 are in priority order and each appropriation must be fully funded before the next appropriation in order is paid.

(B) Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purposes.

SECTION 4. In addition to the appropriations provided in Section 2 of this joint resolution, there is appropriated from the general fund of the State $2,500,000 each for the University of South Carolina and City of Greenville arena projects, but this appropriation is contingent upon receipt of the $5,000,000 from the Southeast Compact for Low-Level Nuclear Waste pursuant to the provisions of Section 48-48-80(E) of the 1976 Code and the approval of the financial plan assuring the funding for the construction of each of the arenas by the State Budget and Control Board. The State Budget and Control Board review is limited to assurance of the total fund availability for the construction. Failure of either of the entities to present a plan to be approved prior to December 31, 1996, shall result in forfeiture and lapse of these appropriations.

SECTION 5. The remaining balance on the loan made to the Patriot's Point Development Authority from the Coordinating Council on Economic Development must be reduced by an amount equal to the value of the capital assets of the improvements made by the Patriot's Point


Printed Page 4750 . . . . . Monday, June 12, 1995

Development Authority from the proceeds of the loan. The value of the capital assets must be determined by the State Budget and Control Board.


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