Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index
| Printed Page 2320, May 2 | Printed Page 2340, May 2 |
Printed Page 2330 . . . . . Thursday, May 2, 1996
Point of Order

Senator LAND raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators WILSON and LAND spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator LAND moved to lay the amendment on the table.

PRESIDENT PRESIDES

At 10:20 P.M., the PRESIDENT assumed the Chair.

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

Ayes 25; Nays 13

AYES
Alexander           Boan                Bryan
Courtney            Drummond            Elliott
Fair                Ford                Glover
Hayes               Jackson             Land
Lander              Leventis            Martin
Matthews            McConnell           Moore
Passailaigue        Patterson           Rankin
Smith, G.           Smith, J.V.         Waldrep
Washington
TOTAL--25

NAYS
Cork                 Courson              Gregory
Leatherman           Mescher              O'Dell
Peeler               Reese                Richter
Rose                 Russell              Setzler
Wilson
TOTAL--13

The amendment was laid on the table.

Amendment No. 110A

Senator SETZLER proposed the following Amendment No. 110A (4600R212.NKS), which was adopted:

Printed Page 2331 . . . . . Thursday, May 2, 1996
Amend the bill, as and if amended, Part IB, Section 17A, page(s) 491, after line 21, by adding an appropriately numbered new item to read:

/17A. . In addition to the funds appropriated for the EFA litigation for FY 1996-97, any unexpended balance from the funds authorized for the EFA litigation in previous fiscal years shall be carried forward to be expended in the same manner and for the same purposes in 1996-97./

Amend sections, totals and title to conform.

Senator SETZLER spoke on the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 217

Senator GIESE proposed the following Amendment No. 217 (713.VRC), which was tabled:

Amend the bill, as and if amended, Part IB, Section 17E, B&C BOARD - RETIREMENT DIVISION, page 498, line 37, by adding a new proviso to read:
17E.__ (BCB/RET: SCRS Option) Pursuant to a request in writing filed with the system which may be made only in the current fiscal year, the surviving spouse of a deceased member of the South Carolina Retirement System who: (1) retired after December 31, 1991, with more than twenty-five years' service credit; (2) was at least sixty-five on the retirement date; (3) elected to receive maximum benefits; and (4) died less than six months after the effective date of retirement, may revoke the payment election made by the deceased spouse and, upon repayment to the system of all contributions made by the deceased member plus interest, elect a method of payment under Option 2./

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 201

Senator SETZLER proposed the following Amendment No. 201 (SBD\97.012), which was tabled:

Printed Page 2332 . . . . . Thursday, May 2, 1996
Amend the bill, as and if amended, Part IB, Section 18A, Commission on Higher Education, page 504, Proviso 18A.20, line 1 by striking lines 1 through 3 and inserting the following:
18A.20. (CHE:Tuition and Fee Increases Limitation) For the Current fiscal year, Institutions of Higher Education, including Research Institutions, 4 year institutions, 2 year institutions and technical colleges, which receive General Fund Appropriations, shall not increase in-state tuition and fees above the current year's Higher Education Price Index.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senators MATTHEWS and WASHINGTON argued contra to the adoption of the amendment.

Senator SETZLER moved that the amendment be adopted.

Senator WASHINGTON moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 96A

Senator THOMAS proposed the following Amendment No. 96A (951.DGJ), which was adopted:

Amend the bill, as and if amended, Part IA, Section 43, DEPARTMENT OF JUVENILE JUSTICE, page 360, line 35 by:

. . . . .COLUMN 7. . . . .COLUMN 8

STRIKING:. . . . .340,663

. . . . .( ). . . . .( )

INSERTING:. . . . .1,007,330

. . . . .( ). . . . .( )

Amend sections, totals and title to conform.

Senator THOMAS explained the amendment.

Senator THOMAS moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 86A

Senators MATTHEWS, PATTERSON, WASHINGTON, FORD, GLOVER and JACKSON proposed the following Amendment No. 86A (4600R602.JWM), which was adopted:

Amend the bill, as and if amended, Part IB, Section 18A, page(s) 504, by striking line(s) 17-20, and inserting the following:

Printed Page 2333 . . . . . Thursday, May 2, 1996
/18A.23. (CHE: African-American Loan Program) Of the funds appropriated to the Commission on Higher Education for the African-American Loan Program, $130,000 must be distributed to South Carolina State University, $100,000 to Benedict College, and $100,000 to Voorhees College for a loan program with the major focus of attracting African-American males to the teaching profession. Of the funds appropriated to the Commission on Higher Education for the African-American Loan Program, $130,000 shall be distributed to South Carolina State University and $100,000 shall be distributed to Benedict College, and must be used for a loan program with the major focus of attracting African-American males to the teaching profession. Of these funds, at least eighty percent must be used exclusively for the awarding of forgivable loans and administrative costs shall not exceed twenty percent (i.e. personnel, supplies, printing, etc.). The Commission on Higher Education shall act as the monitoring and reporting agency for the African-American Loan Program. From the remaining funds, $100,000 shall be distributed to South Carolina State University for the purpose of funding the 1890 Leadership Institute./

Amend sections, totals and title to conform.

Senator MATTHEWS moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 138

Senator SETZLER proposed the following Amendment No. 138 (SBD\97.001), which was adopted:

Amend the bill, as and if amended, Part IB, Section 19A., Department of Education, page 519, after line 42, by adding a new proviso to read:

/19A. Funds appropriated in Part IA, Section 19A of this Act or in a previous Appropriations Act for school building aid may be expended by the school district without application to the State Department of Education or approval from the State Board of Education. The Department of Education shall require that school districts include in their annual audit a verification of compliance with all applicable State laws associated with the use of these funds./

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

Printed Page 2334 . . . . . Thursday, May 2, 1996
The amendment was adopted.

Amendment No. 221

Senator PEELER proposed the following Amendment No. 221 (4600R243.HSP), which was adopted:

Amend the bill, as and if amended, Part IB, Section 42, page 547, after line 4, by adding an appropriately numbered new section to read:

/( . ) The Comptroller General shall place all savings realized from the reduction in per diem and other benefits for the members of the Board of Probation, Parole and Pardon Services in a special account which must be used to fund the general operations of the Department of Juvenile Justice./.

Amend sections, totals and title to conform.

Senator PEELER explained the amendment.

Senator PEELER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 101

Senator THOMAS proposed the following Amendment No. 101 (902.DGJ), which was adopted:

Amend the bill, as and if amended, Part IB, Section 42, DEPARTMENT OF PROBATION, PAROLE & PARDON, page 547, line 5, by adding a new proviso to read:

42.____. (DPPP: Electronic Monitoring Program) Of the funds appropriated to the Department of Probation, Parole and Pardon Services for community corrections, other operating expenses, the Department may expend up to $1,333,333 for the expansion of existing community electronic monitoring of criminal offenders under the jurisdiction of the Department. In addition, before September 1, 1996, the Department shall develop and submit a plan to the Senate Corrections and Penology Committee and the House Judiciary Committee identifying additional offender populations to be placed on electronic monitoring and any necessary statutory revisions or additional funding required in order to fully implement this plan. Offenders placed on electronic monitoring must be selected pursuant to criteria developed by the Department, and no offenders may be placed on electronic monitoring unless the offender is in a population that is within the purview of the Department's electronic monitoring authority./

Amend sections, totals and title to conform.

Printed Page 2335 . . . . . Thursday, May 2, 1996
Senator THOMAS explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 198

Senator ELLIOTT proposed the following Amendment No. 198 (4600R606.DE), which was adopted:

Amend the bill, as and if amended, Part IB, Section 50, page(s) 553, line(s) 19, by adding an appropriately numbered new section to read:
/50. Of the funds appropriated in Pt.1A, Section 50, Department of Commerce- Coordinating Council for Economic Development Economic Set Aside Funds, $60,000 shall be used for the purposes of resurfacing the Loris Airport./

Amend sections, totals and title to conform.

Senator ELLIOTT explained the amendment.

Senator ELLIOTT moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 215

Senator ELLIOTT proposed the following Amendment No. 215 (4600R551.DE), which was adopted:

Amend the bill, as and if amended, Part IB, page(s) 561, after line 18, by adding an appropriately numbered new subsection at the end of SECTION 69 to read:

/69. . The Department of Transportation is directed to expend funds as necessary to conduct a study of the feasibility of imposing a toll on federal highways in the state as the federal law allows./

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. 204

Senators MOORE, McCONNELL and LEVENTIS proposed the following Amendment No. 204 (4600R249.TLM), which was adopted:

Printed Page 2336 . . . . . Thursday, May 2, 1996
Amend the bill, as and if amended, Part IB, page 563, Section 72, by striking proviso 72.9 and inserting a new 72.9 to read as follows:

/72.9. (GP: Transfers of Appropriations) Agencies and institutions shall be authorized to transfer appropriations within programs and within the agency with notification to the Division of Budget and Analyses and Comptroller General. No such transfer may exceed twenty percent of the program budget. Upon request, details of such transfers may be provided to members of the General Assembly on an agency by agency basis. Transfers of appropriations from personal service accounts to other operating accounts or from other operating accounts to personal service accounts may be restricted to any established standard level set by the Budget and Control Board upon formal approval by a majority of the members of the Budget and Control Board. The transfer of all or any portion of an authorized appropriation from any source of funds to any line item, special item, program, division, section or part that has been vetoed and which has not been overridden or is effective by virtue of the Governor's inability to return the veto prior to sine die adjournment and which has not been overridden, is strictly prohibited. Any such vetoed line item, special item, program, division, section or part is null and void and cannot be carried out using an appropriation authorized for other purposes or otherwise made effective until or unless the veto is overridden./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

Amendment No. 60

Senator GREG SMITH proposed the following Amendment No. 60 (4600R210.GS), which was tabled:

Amend the bill, as and if amended, Part IB, Section 72, page(s) 570, by striking line(s) 29 through 31.

Amend sections, totals and title to conform.

Senator GREG SMITH explained the amendment.

Senator DRUMMOND spoke on the amendment.

Senator GREG SMITH moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

Printed Page 2337 . . . . . Thursday, May 2, 1996
The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 27; Nays 10

AYES
Alexander           Boan                Courson
Courtney            Drummond            Elliott
Ford                Glover              Jackson
Land                Lander              Leatherman
Martin              Matthews            McConnell
Mescher             O'Dell              Passailaigue
Patterson           Reese               Richter
Rose                Russell             Setzler
Smith, J.V.         Thomas              Washington
TOTAL--27

NAYS
Bryan                Cork                 Fair
Gregory              Hayes                Leventis
Peeler               Smith, G.            Waldrep
Wilson
TOTAL--10

The amendment was laid on the table.

Amendment No. 178

Senators HOLLAND and LAND proposed the following Amendment No. 178 (4600R238.DHH), which was adopted:

Amend the bill, as and if amended, Part IB, Section 72, page(s) 579-80, proviso 72.65, by striking the proviso in its entirety.

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 137

Senators SETZLER and LEVENTIS proposed the following Amendment No. 137 (SBD\97.015), which was adopted:

Printed Page 2338 . . . . . Thursday, May 2, 1996
Amend the bill, as and if amended, Part IB, Section 72, General And Temporary, page 581, Proviso 72.73, line 2, by adding:

/ Not withstanding any other provisions of law, funds and positions transferred to Clemson-PSA from the Department of Education for Agricultural Education shall be used for personnel positions and related office and travel expenses to provide overall leadership, coordination, and structure for agricultural education programs, FFA activities and SC Association of Young Farmers activities in the public schools of South Carolina./

Senator LEVENTIS explained the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 232

Senator PEELER asked unanimous consent to make a motion to take up Amendment No. 232 for immediate consideration.

There was no objection.

Senator PEELER proposed the following Amendment No. 232 (550.BBH), which was adopted:

Amend the bill, as and if amended, Part IA, Section 3B, HOUSE OF REPRESENTATIVES, page 11, lines 11 AND 12 by:

. . . . .COLUMN 7. . . . .COLUMN 8

STRIKING:. . . . .61,293. . . . .61,293

. . . . .(2.00). . . . .(2.00)

Amend sections, totals and title to conform.

Senator PEELER explained the amendment.

The amendment was adopted.

Recorded Vote

Senator HAYES desired to be recorded as voting against the adoption of the amendment.

Statement by Senator PASSAILAIGUE

Since I am a member of the Joint Legislative Committee on Aging, I feel it is inappropriate for me to vote on this amendment which has a direct impact on the continuation of the committee.

Printed Page 2339 . . . . . Thursday, May 2, 1996
Motion to Reconsider Adopted

Amendment No. 128

Having voted on the prevailing side, Senator COURTNEY asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 128 (GJK\22783DW.96) proposed by Senator GREGORY was tabled.

The motion to reconsider was adopted.

Amendment No. 128A

On motion of Senator COURTNEY, with unanimous consent, Amendment No. 128A was substituted for Amendment No. 128 and adopted as follows:

Senator GREGORY proposed the following Amendment No. 128A (4600R253.CKG), which was adopted:

Amend the bill, as and if amended, Part IA, Section 30, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 249, after line 24 by inserting:

. . . . .COLUMN 7. . . . .COLUMN 8

/UNDER AGE 21 EDUCATION

PROGRAM. . . . .61,293. . . . .61,293/

Amend sections, totals and title to conform.

The amendment was adopted.

Amendment No. 233

Senator SETZLER, with unanimous consent, proposed the following Amendment No. 233 (JIC\5995HTC.96), which was tabled:

Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/SECTION

TO AMEND SECTION 9-1-1140, AS AMENDED, OF THE 1976 CODE, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO ALLOW THE PURCHASE OF MATERNITY LEAVE WHEN A MEMBER BEGINS UNDERGRADUATE OR GRADUATE SCHOOL WITHIN TWO YEARS OF THE MEMBER LEAVING COVERED EMPLOYMENT ON MATERNITY LEAVE WITHOUT REGARD TO THE MAXIMUM TWO-YEAR ABSENCE FOR MATERNITY LEAVE BUT WITH ALL OTHER REQUIREMENTS FOR ESTABLISHING SUCH SERVICE CONTINUING TO APPLY, INCLUDING A RETURN

Printed Page 2340 . . . . . Thursday, May 2, 1996
TO COVERED EMPLOYMENT WITHIN NINETY DAYS OF THE LAST DAY OF ENROLLMENT IN SCHOOL.

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