1995 Permanent Senate Journal Printed Pages 2340-2350 - South Carolina Legislature Online

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

Page Finder Index

Printed Page 2330, May 4 | Printed Page 2350, May 4

Printed Page 2340 . . . . . Thursday, May 4, 1995

Amendment No. 167A and Amendment No. 128 were carried over until 8:50 P.M.

Amendment No. 21

Senators GIESE, HAYES, J. VERNE SMITH and THOMAS proposed the following Amendment No. 21 (JIC\5875HTC.95), which was tabled:

Amend the report, as and if amended, Part II, Section 67, page 577, by striking Section 12-21-2804(B) on lines 3, 4, and 5, and inserting:

/(B) (1) No person who maintains a place or premises for the operation of machines licensed under Section 12-21-2720(A)(3) may advertise in any manner for the playing of the machines nor may a person offer or allow to be offered any special inducement to a person for the playing of machines permitted under Section 12-21-2720(A)(3).

(2) Machines licensed pursuant to Section 12-21-2720(A)(3) may not be located in any place or premises the public entrance of which is within fifty feet of another place or premises in which such machines are located. This distance must be measured by following the shortest route of pedestrian travel from public entrance to public entrance./

Amend sections, totals and title to conform.

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

Senator GIESE moved that the amendment be adopted.

Senator LAND moved to lay the amendment on the table.

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

Ayes 28; Nays 16

AYES

Cork              Courtney         Elliott

Ford              Glover           Holland

Jackson           Land             Lander

Matthews          McConnell        McGill

Mescher           Moore            O'Dell

Passailaigue      Patterson        Peeler

Rankin            Reese            Richter

Rose              Saleeby          Setzler

Short             Smith, G.        Stilwell

Washington

TOTAL--28

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NAYS

Alexander         Bryan            Courson

Drummond          Giese            Gregory

Hayes             Leatherman       Leventis

Martin            Russell          Ryberg

Smith, J.V.       Thomas           Waldrep

Wilson

TOTAL--16

The amendment was laid on the table.

Amendment No. 132

Senators DRUMMOND and J. VERNE SMITH proposed the following Amendment No. 132 (PFM\7449BDW.95), which was adopted:

Amend the bill, as and if amended, Part II, Section 69, page 580, by deleting lines 15 - 18.

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 124A

Senators COURTNEY, LAND, HOLLAND, SALEEBY, PEELER, BRYAN, MOORE, LEVENTIS, THOMAS, WILSON, RUSSELL, GIESE, JACKSON, MARTIN, WALDREP, RYBERG, GREGORY, G. SMITH, ELLIOTT, RANKIN, MESCHER, HAYES, REESE, ALEXANDER, LANDER, FORD and GLOVER proposed the following Amendment No. 124A (3362R236.CTC), which was adopted:

Amend the bill, as and if amended, Part II, page 583, line 24, item (2), by adding after the word /Circuit/ the following:

/and Family/.

Amend the bill further, as and if amended, Part II, page 583, lines 26 and 27, by striking item (3) in its entirety.

Amend sections, totals and title to conform.

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

Senator COURTNEY moved that the amendment be adopted.

Printed Page 2342 . . . . . Thursday, May 4, 1995

The amendment was adopted.

Amendment No. 5

Senator BRYAN proposed the following Amendment No. 5 (GJK\21793SD.95), which was tabled:

Amend the bill, as and if amended, Part II, Section 85, by striking Section 20-7-1410 of the 1976 Code, as contained in item (5) beginning on page 600, and inserting:

/"Section 20-7-1410. The General Assembly shall elect a number of Family Court Judges from each judicial circuit as follows:
First Circuit Two Judges

Second Circuit Two Judges

Third Circuit Three Judges

Fourth Circuit Three Judges

Fifth Circuit Four Judges

Sixth Circuit Two Judges

Seventh Circuit Three Judges

Eighth Circuit Three Judges

Ninth Circuit Four Judges

Tenth Circuit Three Judges

Eleventh Circuit Three Judges

Twelfth Circuit Three Judges

Thirteenth Circuit Four Judges

Fourteenth Circuit Three Judges

Fifteenth Circuit Two Judges

Sixteenth Circuit Two Judges

In the following judicial circuits at least one Family Court Judge must be a resident of each county in the circuit: fifth, seventh, ninth, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of three or more counties at least one Family Court Judge must be a resident of one of the counties which does not have the largest population in the circuit.

No county in the sixth circuit shall have more than one resident Family Court Judge.

In addition to the above judges authorized by this section, there must be three additional Family Court Judges elected by the General Assembly from the State at large for terms of office of six years. These additional Family Court Judges must be elected without regard to county or circuit of residence, and may be assigned by the Chief Justice to serve in the Family Court of any circuit of this State. Each office of the at-large

Printed Page 2343 . . . . . Thursday, May 4, 1995
Family Court Judges is a separate office and is assigned a numerical designation of Seat No. 1 through Seat No. 3 respectively."/

Amend sections, totals and title to conform.

Senator BRYAN argued in favor of the adoption of the amendment and Senator LAND argued contra.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

RULING BY THE PRESIDENT

The PRESIDENT took up the Point of Order raised by Senator BRYAN that Pt. II, Section 56, was out of order inasmuch as it was not germane to the Bill.

Point of Order

Senator LEVENTIS raised a Point of Order that the Point of Order raised by Senator BRYAN was out of order inasmuch as it came too late.

Senators LEVENTIS and BRYAN spoke on the Point of Order.

The PRESIDENT stated that Senator BRYAN had raised this Point of Order on April 27, 1995, and overruled the Point of Order.

The PRESIDENT overruled the Point of Order raised by Senator BRYAN.

Amendment No. 33A

Senator O'DELL proposed the following Amendment No. 33A (DKA\3979CM.95), which was adopted:

Amend the bill, as and if amended, Part II, on page 601 after line 31, by adding a new section to read:

/SECTION __
TO AMEND ARTICLE 1, CHAPTER 25, TITLE 57, OF THE 1976 CODE BY ADDING SECTION 57-25-30 SO AS TO PROVIDE THAT BUS SHELTERS MAY BE ERECTED AND MAINTAINED WITHIN THE RIGHTS-OF-WAY OF PUBLIC ROADS UPON AUTHORIZATION OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE FOR THE MANNER IN WHICH ADVERTISING MAY BE PLACED IN THESE BUS SHELTERS, AND TO REQUIRE A PERSON ERECTING BUS SHELTERS TO OBTAIN A PERMIT FROM THE DEPARTMENT OF TRANSPORTATION.

Article 1, Chapter 25, Title 57 of the 1976 Code is amended by adding:

Printed Page 2344 . . . . . Thursday, May 4, 1995

"Section 57-25-30. (A) Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained within the rights-of-way of public roads by the State. A bus shelter located within the right-of-way of a state road shall comply with all applicable requirements of the Department of Transportation, Title 23 of the United States Code, and Title 23 of the Code of Federal Regulations. A bus shelter located within the right-of-way of a road other than a state road shall comply with all applicable requirements of the municipality or county within whose jurisdiction it is located.

(B) A person erecting a bus shelter shall obtain a permit for each shelter location from the Department of Transportation. The permit shall cost twenty-five dollars. Permit fees must be placed in the department's trust fund and used for public transportation purposes."/

Amend sections, totals and title to conform.

Senator O'DELL argued in favor of the adoption of the amendment.

Senator GIESE spoke on the amendment.

Senator GIESE moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 48

Senators WALDREP and LEVENTIS proposed the following Amendment No. 48 (DKA\3976SD.95), which was adopted:

Amend the bill, as and if amended, Part II, on page 601 after line 31, by adding a new section to read:

/SECTION __
TO AMEND THE 1976 CODE BY ADDING SECTION 59-63-26 SO AS TO PROVIDE THAT CHILDREN WHO WILL ATTAIN THE AGE OF FIVE AFTER SEPTEMBER FIRST BUT ON OR BEFORE NOVEMBER FIRST MAY ATTEND PUBLIC KINDERGARTEN UNDER CRITERIA DEVELOPED BY THE STATE BOARD OF EDUCATION.

The 1976 Code is amended by adding:

"Section 59-63-26. Notwithstanding the provisions of Sections 59-63-20, 59-65-10, and other applicable provisions of law, the State Board of Education shall develop criteria to allow attendance in the public kindergartens of this State for children who are ready to undertake formal schooling who attain the age of five after September first but on or before November first. The criteria shall include guidelines for notification of parents. Local boards of trustees shall develop procedures based on state board criteria to identify children ready to undertake formal schooling and

Printed Page 2345 . . . . . Thursday, May 4, 1995

shall determine admittance on an individual basis when a request from a child's parent or guardian is received before August first of the applicable school year. Children admitted to public kindergarten under these procedures may enter the first grade in the succeeding year. School districts are entitled to receive state aid for those students who meet the requirements established pursuant to this section and who attend public school."/

Amend sections, totals and title to conform.

Senator WALDREP explained the amendment.

Senator WALDREP moved that the amendment be adopted.

The amendment was adopted.

By previous action of the Senate, the time certain of 8:56 P.M. had arrived and Amendment No. 167A was taken up for immediate consideration.

Senator MOORE was recognized.

Senator SETZLER spoke on the amendment.

Senator SETZLER asked unanimous consent to make a motion to take up for immediate consideration Amendment No. 191 and upon resolution of the instant amendment, the Senate would proceed to a consideration of Amendment No. 192; and upon the resolution of Amendment No. 192, the Senate would proceed to a consideration of Amendment No. 193; and upon the resolution of Amendment No. 193, the Senate would proceed to a consideration of Amendment No. 194; and upon the resolution of Amendment No. 194, the Senate would proceed to a consideration of Amendment No. 130.

Senator CORK spoke on the motion.

Point of Order

Senator CORK raised a Point of Order that the amendments were violative of Section 59-103-35, as amended, Code of Laws of South Carolina, 1976.

Senators McCONNELL and LEATHERMAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Printed Page 2346 . . . . . Thursday, May 4, 1995

Amendment No. 191

On motion of Senator SETZLER, with unanimous consent, Amendment No. 191 was taken up for immediate consideration.

Senators SETZLER, McGILL, McCONNELL, PASSAILAIGUE, COURSON, WILSON, O'DELL and ROSE proposed the following Amendment No. 191 (EDUC\014.SD), which was adopted:

Amend the bill, as and if amended, Part IA, Section 18C, The Citadel, page 0104, by inserting a new line immediatedly after line 14:

COLUMN 7 COLUMN 8

Women's Leadership Institute 1,400,0001,400,000

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Recorded Vote

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

Amendment No. 192A

On motion of Senator SETZLER, with unanimous consent, Amendment No. 192A was taken up for immediate consideration.

Senators SETZLER, McGILL, PASSAILAIGUE, McCONNELL, COURSON, WILSON, O'DELL and ROSE proposed the following Amendment No. 192A (EDUC\013.SD), which was adopted:

Amend the bill, as and if amended, Part IB, Section 18A., page 418, line 15, by adding a new proviso to read:

\18A. (Formula Funding for Converse Women's Leadership Institute) Of the funds appropriated for the higher education formula, one million four hundred thousand dollars shall be allocated to The Citadel for the Women's Leadership Institute at Converse College when a female leadership program has been approved as in compliance with the federal district court order. This contract will in no way make Converse College subject to the Commission on Higher Education's purview. Funds shall be transferred to Converse College for students enrolled in Women's Leadership contract program on the same per student basis as the per student state appropriation for cadets at The Citadel as determined under

Printed Page 2347 . . . . . Thursday, May 4, 1995

the higher education formula of the Commission on Higher Education. Funds remaining after per student reimbursements, up to a total of one million four hundred thousand dollars, shall be used to establish and support the Leadership Institute at Converse College./

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

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

Ayes 40; Nays 4

AYES

Alexander         Bryan            Courson

Courtney          Drummond         Elliott

Giese             Gregory          Hayes

Holland           Land             Lander

Leatherman        Leventis         Martin

Matthews          McConnell        McGill

Mescher           Moore            O'Dell

Passailaigue      Peeler           Rankin

Reese             Richter          Rose

Russell           Ryberg           Saleeby

Setzler           Short            Smith, G.

Smith, J.V.       Stilwell         Thomas

Waldrep           Washington       Williams*

Wilson

TOTAL--40

NAYS

Cork              Ford             Glover

Patterson

TOTAL--4

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The amendment was adopted.

Printed Page 2348 . . . . . Thursday, May 4, 1995

MOTION ADOPTED
H. 3690
SUPPLEMENTAL APPROPRIATION BILL

On motion of Senator SETZLER, with unanimous consent, the Senate agreed that, when it proceeded to a consideration of H. 3690, the Supplemental Appropriation Bill, the following Amendment No. 195 would be adopted:

Amendment No. 195

Senator SETZLER asked unanimous consent to take up Amendment No. 195 for immediate consideration.

There was no objection.

Senators McCONNELL, McGILL, PASSAILAIGUE, SHORT, O'DELL and ROSE proposed the following Amendment No. 195 (3362R238.GFM), which was adopted:

Amend the bill, as and if amended, Part IA, Section 18 A, Commission on Higher Education, page 96, after line 9, by inserting:

COLUMN 7 COLUMN 8

WOMEN'S LEADERSHIP PROGRAM 2,000,000 2,000,000

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator McCONNELL spoke on the amendment.

Senator PASSAILAIGUE spoke on the amendment.

Senator McCONNELL moved that the amendment be adopted.

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

Ayes 30; Nays 14

AYES

Alexander         Bryan            Courtney

Drummond          Elliott          Gregory

Hayes             Holland          Lander

Leventis          Martin           McConnell

McGill            Mescher          O'Dell

Passailaigue      Peeler           Rankin

Reese             Richter          Rose

Russell           Saleeby          Short



Printed Page 2349 . . . . . Thursday, May 4,
1995

Smith, G.         StilwellThomas

Waldrep           Williams*        Wilson

TOTAL--30

NAYS

Cork              Courson          Ford

Giese             Glover           Land

Leatherman        Matthews         Moore

Patterson         Ryberg           Setzler

Smith, J.V.       Washington

TOTAL--14

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The amendment was adopted.

CONSIDERATION OF H. 3362 (GAB) RESUMED

Amendment No. 193B

On motion of Senator SETZLER, with unanimous consent, Amendment No. 193B was taken up for immediate consideration.

Senators McCONNELL, PASSAILAIGUE, SHORT, McGILL and O'DELL proposed the following Amendment No. 193B (3362R240.GFM), which was adopted:

Amend the bill, as and if amended, Part IB, Section 18C, Citadel, page 418, after line 25, by adding after line 25 the following new proviso:

/H09 - SECTION 18C - CITADEL
18C.___. (Women's Leadership Program) The funds appropriated in Part 1A, Section 18C, of this Act and any other funds appropriated in any other appropriation act for the Women's Leadership Program must be used exclusively for the support of the Women's Leadership Program. Provided further that no funds may be expended if the Fourth Circuit Court of Appeals renders a decision which would prevent the

Printed Page 2350 . . . . . Thursday, May 4, 1995

establishment of the Women's Leadership Program as established in Part II of this Act and the appropriation authorization shall revert to the General Fund./

Amend sections, totals and title to conform.

Printed Page 2330, May 4 | Printed Page 2350, May 4

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