Journal of the Senate
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 2310, May 4 | Printed Page 2330, May 4 |

Printed Page 2320 . . . . . Thursday, May 4, 1995

AMENDED, DEBATE INTERRUPTED

H. 3362

THE GENERAL APPROPRIATION BILL

Amendment No. 125

Senators COURTNEY, LAND, HOLLAND, SALEEBY, PEELER, BRYAN, MOORE, LEVENTIS, THOMAS, WILSON, RUSSELL, GIESE, JACKSON, MARTIN, WALDREP, RYBERG, GREGORY, GREG SMITH, ELLIOTT, RANKIN, MESCHER, HAYES, REESE, ALEXANDER, LANDER, FORD and GLOVER proposed the following Amendment No. 125 (BBM\10272HTC.95), which was adopted:

Amend the bill, as and if amended, Part IA, Section 4A, page 24, line 29, columns (7) and (8), by striking /3,816,528/ and inserting /3,957,917/.

Amend further, Section 4A, page 27, line 9, in column (7), by striking /6,822,607/ and inserting /6,883,358/ and in column (8) by striking /6,803,636/ and inserting /6,864,387/.

Amend sections, totals and title to conform.

Senator COURTNEY explained the amendment.

Senator COURTNEY moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 78

Senator LAND proposed the following Amendment No. 78 (3362R111.JCL), which was adopted:

Amend the bill, as and if amended, Part IA, Section 17C, B&C-DIVISION OF BUDGET AND ANALYSES, page 79, line 34 by:

COLUMN 7 COLUMN 8

STRIKING: 1,025 1,025

( ) ( )

INSERTING: 101,025 101,025

( ) ( )

Amend the bill further, as and if amended, Part IB, Section 17C, DIVISION OF BUDGET AND ANALYSES, page 407, Proviso 17C.10, line 17, by reinserting the proviso to read:

/17C.10.(BCB/DBA: OHR - Leadership South Carolina) The amount appropriated for Leadership South Carolina under the Division of Budget and Analyses shall be used first for state employees and when funds are available for local government employees shall not exceed 50% per person


Printed Page 2321 . . . . . Thursday, May 4, 1995

for the total cost of participation. These grants shall not restrict employers from providing funds to cover the remaining costs of the program./

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 128

Senators McCONNELL, PASSAILAIGUE, SHORT, McGILL, O'DELL and ROSE proposed the following Amendment No. 128 (3362R011.GFM), which was carried over and later withdrawn:

Amend the bill, as and if amended, Part IA, Section 18A, Commission on Higher Ed., page 96, lines 3-15 by striking lines 3-15 in columns 7 and 8 in their entirety and inserting the following:

/(7) (8)
3 X. SPECIAL ITEMS
4 HIGHER EDUCATION FUND 33,400,000 1,400,000
5 TOTAL SPECIAL ITEMS 33,400,000 1,400,000
6 ____________ __________
7 TOTAL SPECIAL ITEMS 33,400,000 1,400,000
8 _____________ ___________
9 XI. NON-RECURRING
10 EPSCOR 2,000,000 2,000,000
11 SCAMP 600,000 600,000
12 DESEGREGATION 100,000 100,000
13 WOMENS' LEADERSHIP PGM. 5,000,000 5,000,000
14 TOTAL NON-RECURRING APPRO. 7,700,000 7,700,000
15 TOTAL NON-RECURRING 7,700,000 7,700,000/

Amend remaining lines to conform. Amend title and totals to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

Point of Quorum

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment.


Printed Page 2322 . . . . . Thursday, May 4, 1995

ACTING PRESIDENT PRESIDES

At 11:20 A.M., Senator STILWELL assumed the Chair.

Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.

PRESIDENT PRESIDES

At 11:45 A.M., the PRESIDENT assumed the Chair.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

Point of Quorum

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.

OBJECTION

Senator WILLIAMS asked unanimous consent to make a motion that the Senate go into Executive Session prior to a recess.

Senator CORK objected.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

Objection

Senator McCONNELL asked unanimous consent to make a motion that Amendment No. 128, Amendment No. 129 and Amendment No. 130 be carried over.

Senator CORK objected.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

Leave of Absence

At 1:00 P.M., Senators ROSE and MESCHER requested a leave of absence until 2:00 P.M.


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Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

Point of Quorum

Senator PASSAILAIGUE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator BRYAN moved that a call of the Senate be made. The following Senators answered the call:

Alexander         Bryan            Cork
Courson Courtney Drummond
Elliott Ford Giese
Glover Gregory Jackson
Lander Leventis Martin
Matthews McConnell McGill
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Ryberg Setzler Short
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Washington
Williams Wilson

A quorum being present, the Senate resumed.

Presence Recorded

Senators HAYES, HOLLAND, LAND, LEATHERMAN, MESCHER, MOORE and SALEEBY recorded their presence subsequent to the Call of the Senate.

Senator PASSAILAIGUE resumed arguing in favor of the adoption of the amendment.

Senator CORK argued contra to the adoption of the amendment.

Senator ROSE argued in favor of the adoption of the amendment and Senator PATTERSON argued contra.

Senator SETZLER argued contra to the adoption of the amendment.

Senator SHORT argued in favor of the adoption of the amendment.

Senator McCONNELL argued in favor of the adoption of the amendment.

Senator GIESE spoke on the amendment.


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Senator BRYAN argued contra to the adoption of the amendment.

Senator LAND moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 13; Nays 30

AYES

Cork              Courtney         Ford
Glover Land Leatherman
Matthews Moore Patterson
Reese Setzler Smith, J.V.
Washington

TOTAL--13

NAYS

Alexander         Bryan            Courson
Elliott Giese Gregory
Hayes Holland Lander
Leventis Martin McConnell
McGill Mescher O'Dell
Passailaigue Peeler Rankin
Richter Rose Russell
Ryberg Saleeby Short
Smith, G. Stilwell Thomas
Waldrep Williams Wilson

TOTAL--30

Recorded Vote

Senators CORK and GLOVER desired to be recorded as voting against the adoption of the amendment.

Statement by Senator JACKSON

To avoid even the appearance of a conflict of interest, I wish the Journal to reflect that I abstained from voting on this amendment or any other activities relating to its consideration because my business transacts business with the Association of Citadel Men.

The Senate refused to table the amendment. The question then was the adoption of the amendment.


Printed Page 2325 . . . . . Thursday, May 4, 1995

Senator McCONNELL spoke on the amendment.

Senator McCONNELL asked unanimous consent to take up for immediate consideration Amendment No. 167A.

There was no objection.

Amendment No. 167A

Senators McCONNELL, PASSAILAIGUE, SHORT, McGILL and O'DELL proposed the following Amendment No. 167A (3362R130.GFM), which was carried over:

Amend Amendment No. 128 (3362R011.GFM) in the line designated WOMENS' LEADERSHIP PGM., by striking in columns (7) and (8): / 5,000,000 / and inserting in columns (7) and (8): / 2,000,000 /.

Amend titles and total of the amendment to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

Senator SETZLER argued contra to the adoption of the amendment.

RECESS

At 4:35 P.M., on motion of Senator PASSAILAIGUE, with unanimous consent, the Senate receded from business not to exceed ten minutes, with Senator SETZLER retaining the floor.

At 5:40 P.M., the Senate resumed.

Senator SETZLER spoke on the amendment.

OBJECTION

Senator PEELER asked unanimous consent to make a motion that the Senate go into Executive Session prior to a recess.

Senator CORK objected.

Senator MOORE argued contra to the adoption of the amendment.

Objection

Senator DRUMMOND asked unanimous consent to make a motion to carry over Amendment No. 167A and Amendment No. 128.

Senator McGILL objected.

Senator MOORE resumed arguing contra to the adoption of the amendment.


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OBJECTION

Senator MATTHEWS asked unanimous consent to make a motion that the Senate go into Executive Session prior to a recess.

Senator O'DELL objected.

Senator MOORE argued contra to the adoption of the amendment.

Motion Adopted

With Senator MOORE retaining the floor, Senator LAND asked unanimous consent to make a motion to carry over Amendment No. 167A and Amendment No. 128 until 7:00 P.M., at which time, the amendments would be taken up for immediate consideration to the exclusion of all other matters.

There was no objection and the motion was adopted.

Amendment No. 167A and Amendment No. 128 were carried over until 7:00 P.M.

Amendment No. 139

Senators DRUMMOND and J. VERNE SMITH proposed the following Amendment No.139 (005.BBH), which was adopted:

Amend the bill, as and if amended, Part IA, Section 30, Department of Health & Environmental Control, page 0234, line 21 by:

COLUMN 7 COLUMN 8

STRIKING: 18,658,289 2,127,594

( ) ( )

INSERTING: 19,421,980 2,891,285

( ) ( )

Amend further, as and if amended, Part IA, Section 30, Department of Health & Environmental Control, page 233, line 25 by:

COLUMN 7 COLUMN 8

STRIKING: 13,235,662 225,107

INSERTING: 13,635,662 225,107

Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.


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Amendment No. 163

Senators MATTHEWS, PATTERSON, WASHINGTON, GLOVER, FORD and JACKSON proposed the following Amendment No. 163 (006.BBH), which was tabled:

Amend the bill, as and if amended, Part IA, Section 39, Human Affairs Commission, page 285, line 6 by:

COLUMN 7 COLUMN 8

STRIKING: 862,869 507,214

( ) ( )

INSERTING: 908,869 553,214

Amend the bill further, as and if amended, Part IA, Section 39, Human Affairs Commission, page 285, line 13 by:

COLUMN 7 COLUMN 8

STRIKING: 131,492 5,047

( ) ( )

INSERTING: 185,492 59,047

( ) ( )

Amend sections, totals and title to conform.

Senator J. VERNE SMITH spoke on the amendment.

Senator J. VERNE SMITH moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 92

Senators THOMAS, J. VERNE SMITH, DRUMMOND, LAND and COURSON proposed the following Amendment No.92 (PT\1961AC.95), which was adopted:

Amend the bill, as and if amended, Part IA, Section 42, Department of Probation, Parole and Pardon, page 0291, line 36, opposite other operating expenses by increasing the amounts in columns (7) and (8) by $1,000,000.

Amend sections, totals and title to conform.

Senator THOMAS argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.

Senator DRUMMOND moved to lay the amendment on the table.


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The "ayes" and "nays" were demanded and taken, resulting as follows:
Ayes 11; Nays 32

AYES

Alexander         Bryan            Courtney
Drummond Glover Land
McConnell Mescher Passailaigue
Patterson Saleeby

TOTAL--11

NAYS

Cork              Courson          Elliott
Ford Giese Gregory
Hayes Holland Jackson
Lander Leatherman Leventis
Martin Matthews McGill
Moore O'Dell Peeler
Rankin Reese Richter
Rose Russell Ryberg
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Wilson

TOTAL--32

The Senate refused to table the amendment. The question then was the adoption of the amendment.

The amendment was adopted.

Amendment No. 80

Senator LEVENTIS proposed the following Amendment No. 80 (017.DGJ), which was adopted:

Amend the bill, as and if amended, Part IA, Section 54, PUBLIC SERVICE COMMISSION, page 335, lines 7 & 8 (Classified Positions) by:

COLUMN 7 COLUMN 8

STRIKING: 270,398

(7.00)


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INSERTING: 327,797

(10.00)

Amend the bill further, as and if amended, Part IA, Section 54, PUBLIC SERVICE COMMISSION, page 335, line 11 (Other Operating Expenses) by:

COLUMN 7 COLUMN 8

STRIKING: 31,896

INSERTING: 55,568

Amend sections, totals and title to conform.

Senator DRUMMOND spoke on the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 165

Senator REESE proposed the following Amendment No. 165 (DKA\4004HTC.95), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 3, LEGISLATIVE DEPARTMENT, page 387, by adding an appropriately numbered paragraph at the end to read:

/3.__ (LEG: Textile Study Committee) Of the funds appropriated in Section 3B of Part IA of this act for joint committees, $16,000 and one FTE is transferred from the Children's Committee to the Textile Study Committee./

Renumber paragraphs and amend sections, totals and title to conform.

Senator REESE explained the amendment.

Senator REESE moved that the amendment be adopted.

The amendment was adopted.

By previous action of the Senate, the time certain of 7:00 P.M. had arrived and the Senate took up for immediate consideration Amendment No. 167A.

Motion Adopted

With Senator MOORE retaining the floor, Senator LAND asked unanimous consent to make a motion to carry over Amendment No. 167A and Amendment No. 128 until 7:30 P.M., at which time, the amendments


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would be taken up for immediate consideration to the exclusion of all other matters.

There was no objection and the motion was adopted.


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