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 4050, June 9 | Printed Page 4070, June 12 |

Printed Page 4060 . . . . . Monday, June 12, 1995

RECAPITULATION

Total number of Senators voting. . . . .39
Total number of Representatives voting. . . . .112
Grand Total. . . . .151

Necessary to a choice. . . . .76

Of which Ms. Riddle received. . . . .112

Of which Judge Rogers received. . . . .39

Whereupon, the PRESIDENT announced that the Honorable Leslie Kirkland Riddle was elected Judge, Family Court, Fifth Judicial Circuit, Seat #2 for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned; whereupon, the Senate returned to its Chamber and was called to order by its PRESIDENT.

At 12:40 P.M., the Senate reconvened.

RECESS

At 12:41 P.M., on motion of Senator MOORE, the Senate receded from business until 2:00 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:00 P.M. and was called to order by the PRESIDENT.

RECESS

At 2:05 P.M., on motion of Senator MOORE, the Senate receded from business subject to the Call of the Chair.

At 3:10 P.M., the Senate resumed.


Printed Page 4061 . . . . . Monday, June 12, 1995

HOUSE CONCURRENCE

S. 908 -- Senator Peeler: A CONCURRENT RESOLUTION TO CONGRATULATE YVONNE A. JACOBS OF YORK COUNTY ON BEING SELECTED TO RECEIVE THE SOUTH CAROLINA TAX COUNCIL SCHOLARSHIP FOR 1995-96 AND TO WISH HER WELL IN ALL HER FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 909 -- Senator Peeler: A CONCURRENT RESOLUTION TO COMMEND ROBERT L. MUNGO OF LANCASTER COUNTY FOR HIS OUTSTANDING LEADERSHIP AS PRESIDENT OF THE SOUTH CAROLINA TAX COUNCIL AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 910 -- Senator Peeler: A CONCURRENT RESOLUTION TO CONGRATULATE DAN S. JUDD OF IRMO, SOUTH CAROLINA, UPON BEING SELECTED TO RECEIVE THE SOUTH CAROLINA TAX COUNCIL 1995 SERVICE AWARD AND TO COMMEND HIM FOR HIS CONTRIBUTION TO THE ADVANCEMENT OF THE TAX PROFESSION AND FOR HIS SERVICE TO THE COMMUNITY AND THE SOUTH CAROLINA TAX COUNCIL.

Returned with concurrence.

Received as information.

Message from the House

Columbia, S.C., June 12, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has granted Free Conference Powers and has appointed Reps. Townsend, Allison and Wright of the Committee of Free Conference on the part of the House on:
S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN


Printed Page 4062 . . . . . Monday, June 12, 1995

WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59- 103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 12, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS


Printed Page 4063 . . . . . Monday, June 12, 1995

AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 12, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that 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:
S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO


Printed Page 4064 . . . . . Monday, June 12, 1995

AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 12, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Reps. H. Brown, Felder and Harrell of the Committee of Free Conference on the part of the House on:
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., June 12, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
Very respectfully,
Speaker of the House

Received as information.


Printed Page 4065 . . . . . Monday, June 12, 1995

FREE CONFERENCE POWERS GRANTED

FREE CONFERENCE COMMITTEE APPOINTED

FREE CONFERENCE REPORT ADOPTED

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

Senator DRUMMOND asked unanimous consent to take up for immediate consideration the Report of the Committee of Conference on H. 3690.

Senator DRUMMOND spoke on the report.

Senator DRUMMOND moved that Free Conference Powers be granted.

Senator LAND spoke on the motion.

Senator J. VERNE SMITH spoke on the report.

ACTING PRESIDENT PRESIDES

At 4:35 P.M., Senator JACKSON assumed the Chair.

Senator PASSAILAIGUE spoke on the motion.

PRESIDENT PRESIDES

At 4:40 P.M., the PRESIDENT assumed the Chair.

Senator PASSAILAIGUE spoke on the motion.

Senator BRYAN spoke on the motion.

Senator MATTHEWS spoke on the motion.

Senator WILLIAMS spoke on the motion.

Senator WASHINGTON spoke on the motion.

Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators DRUMMOND, J. VERNE SMITH and PEELER to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

On motion of Senator DRUMMOND, the Report of the Committee of Free Conference on H. 3690 was adopted as follows:


Printed Page 4066 . . . . . Monday, June 12, 1995

H. 3690--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.
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


Printed Page 4067 . . . . . Monday, June 12, 1995

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.
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


Printed Page 4068 . . . . . Monday, June 12, 1995

29.USC-Columbia

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

Law School Library. . . . .330,000
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


Printed Page 4069 . . . . . Monday, June 12, 1995

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

York Airport Improvements. . . . .500,000
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


Printed Page 4070 . . . . . Monday, June 12, 1995

Finance Committee and the Chairman of the House Ways & Means Committee by June 30, 1996.


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