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 2330, May 2 | Printed Page 2350, May 3 |

Printed Page 2340 . . . . . Thursday, May 2, 1996

The second unnumbered paragraph of Section 9-1-1140 of the 1976 Code, as last amended by Act 420 of 1994, is further amended to read:

/A period of time up to one year for each pregnancy not to exceed a total of three years service credit may be established for maternity leave provided the member pays the full actuarial cost as determined by the board. However, the payment must not be less than twelve percent of the annual salary at the time of purchase or the average of the three highest consecutive fiscal years of salary at the time of purchase, whichever is greater, for a year of credit prorated for periods less than a year. To be eligible for maternity leave credit an employee must not be absent from work for a period greater than two years for each pregnancy. However, a member who begins undergraduate or graduate school within two years of leaving covered employment on maternity leave may establish the maternity leave as allowed by this section without regard to the two-year maximum absence for maternity leave, but all other requirements with regards to establishing credit for maternity leave apply to such credit, and the member must return to covered employment within ninety days of the last day of enrollment in school."/

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 229

Senator ELLIOTT proposed the following Amendment No. 229 (PFM\9356AC.96), which was ruled out of order:

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

/SECTION __

TO ADD TO EXISTING CRIMINAL PENALTIES AN ADDITIONAL PENALTY FOR A WHOLESALER WHO KNOWINGLY REPORTS IMPROPER OR INACCURATE GASOLINE SALES IN A COUNTY.

A. In addition to all other penalties for the improper reporting of gasoline sales, a wholesaler who knowingly reports improper or inaccurate gasoline sales in a county is guilty of a misdemeanor and must be fined not more than five thousand dollars and imprisoned not more than ninety days.


Printed Page 2341 . . . . . Thursday, May 2, 1996

B. This section takes effect July 1, 1996./

Amend sections, totals and title to conform.

Senator ELLIOTT explained the amendment.

Point of Order

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

Senator ELLIOTT spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Amendment No. 61A

Senator RANKIN, with unanimous consent, proposed the following Amendment No. 61A (4600R250.LAR), which was adopted:

Amend the bill, as and if amended, Part VI, Section 1, page(s) 671, line(s) 19, by striking /4,750,000/ and inserting:

/2,750,000/.

Amend the bill further, as and if amended, Part VI, Section 1, page 671, by adding after line 19 a new item (4) to read:

/(4) Coastal Carolina University

Humanities Building2,000,000/.

Amend the bill further, as and if amended, Part VI, Section 1, page 674, by adding after line 23 a new item (47) to read:

/(47) State Board for Technical & Comprehensive Education

Piedmont Tec Ed. Tech/Student Svcs/Admin. Bldg.

2,000,000/.

Amend the bill further, as and if amended, Part VI, Section 1, page 674, item (47), line 26, by striking /7,000,000/, and inserting the following:

/5,000,000/.

Amend items, sections, totals and title to conform.

Senator RANKIN explained the amendment.

Senator RANKIN moved that the amendment be adopted.

The amendment was adopted.


Printed Page 2342 . . . . . Thursday, May 2, 1996

Amendment No. 102

Senator THOMAS proposed the following Amendment No. 102 (904.DGJ), which was adopted:

Amend the bill, as and if amended, Part IB, Section 43, DEPARTMENT OF JUVENILE JUSTICE, page 547, after line 38, by adding a new proviso to read:

43.____. (DJJ: Electronic Monitoring Program) Of the funds appropriated to the Department of Juvenile Justice for community corrections, other operating expenses, the Department may spend up to $666,667 for the creation of community electronic monitoring of juvenile 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.

Senator THOMAS explained the amendment.

The amendment was adopted.

Amendment No. 234A

The Senate Finance Committee proposed the following Amendment No. 234A (BAL002A.BBH), which was adopted:

Amend the bill, as and if amended, Part IA, Section 18B, TUITION GRANTS, page 103, line 19, by:

COLUMN 7 COLUMN 8

STRIKING: 18,350,043 17,564,872

INSERTING: 18,662,043 17,876,872

Amend the bill, as and if amended, Part IA, Section 19, DEPARTMENT OF EDUCATION, page 176, line 2, by:

STRIKING: 17,140,722 17,140,722

INSERTING: 17,199,786 17,199,786

Amend the bill, as and if amended, Part IA, Section 19, DEPARTMENT OF EDUCATION-EDUCATION IMPROVEMENT ACT, page 181, line 13, by:


Printed Page 2343 . . . . . Thursday, May 2, 1996

STRIKING: 18,620,707

INSERTING: 18,625,707

Amend the bill, as and if amended, Part IA, Section 19, DEPARTMENT OF EDUCATION-EDUCATION IMPROVEMENT ACT, page 181, line 23, by:

STRIKING: 4,481,500

INSERTING: 4,472,300

Amend the bill, as and if amended, Part IA, Section 34, DEPARTMENT OF PUBLIC SAFETY, page 291, line 23 by:

COLUMN 7 COLUMN 8

STRIKING: 750,000 750,000

INSERTING: 1,200,000 1,200,000

Amend the bill, as and if amended, Part IA, Section 34, DEPARTMENT OF PUBLIC SAFETY, page 291, line 30 by:

COLUMN 7 COLUMN 8

STRIKING: 12,529,119 10,843,415

INSERTING: 13,179,119 11,493,415

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469A, line RETAIL SALES TAX, by:

COLUMN 3

STRIKING: 1,605,307,166

INSERTING: 1,605,290,366

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469A, line INCOME TAX (TOTAL), by:

COLUMN 3

STRIKING: 2,092,010,264

INSERTING: 2,091,998,264

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469A, line INDIVIDUAL INCOME TAX, by:

COLUMN 3

STRIKING: 1,835,929,929

INSERTING: 1,835,917,929

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469A, line TOTAL INCOME AND SALES TAX, by:

COLUMN 3

STRIKING: 3,697,317,430

INSERTING: 3,697,288,630

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469A, line ALCOHOLIC LIQUOR TAX, by:


Printed Page 2344 . . . . . Thursday, May 2, 1996

COLUMN 3

STRIKING: 49,587,107

INSERTING: 49,597,107

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469A, line DEPARTMENTAL REVENUE by:

COLUMN 3

STRIKING: 40,882,180

INSERTING: 42,370,273

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469A, line MOTOR VEHICLE LICENSES, by:

COLUMN 3

STRIKING: 104,483,073

INSERTING: 104,405,073

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469A, line TOTAL ALL OTHER REVENUE, by:

COLUMN 3

STRIKING: 667,127,372

INSERTING: 668,547,465

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469A, line TOTAL REGULAR SOURCES, by:

COLUMN 3

STRIKING: 4,364,444,802

INSERTING: 4,365,836,095

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469B, line TOTAL REGULAR AND MISCELLANEOUS REV, by:

COLUMN 3

STRIKING: 4,428,398,375

INSERTING: 4,429,789,668

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469B, line BASE REVENUE ESTIMATE, by:

COLUMN 3

STRIKING: 4,375,976,117

INSERTING: 4,377,367,410

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469B, line TOTAL GENERAL FUND REVENUE, by:

COLUMN 3

STRIKING: 4,375,976,117

INSERTING: 4,377,367,410

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469B, line EDUCATION IMPROVEMENT ACT, by:


Printed Page 2345 . . . . . Thursday, May 2, 1996

COLUMN 3

STRIKING: 403,326,792

INSERTING: 403,322,592

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 469B, line TOTAL ALL SOURCES OF REVENUES, by:

COLUMN 3

STRIKING: 5,491,289,638

INSERTING: 5,492,676,731

Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 580, lines 19 through 21 by striking proviso 72.68 and inserting:

72.68. (GP: Establish Positions for DPS New Trooper Class) The Budget and Control Board, based on funds appropriated in Part IA of this Act for the Department of Public Safety, is directed to establish 35 FTEs for a new trooper class.

Amend the bill, Part II, Permanent Provision, Page 662, the unnumbered SECTION added by amendment designated number 162, document name JIC\5977DW.96, by striking the Section in its entirety.

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

Recorded Vote

Senator FAIR desired to be recorded as voting against the third reading of the Bill.

Statement by Senator SETZLER

I voted for the General Appropriation Bill except for Amendment No. 43A which I opposed and voted against.

Statement by Senator WILSON

I voted "no" on the budget because the formula change of property tax reduction has been shifted from the original intent of reducing all real property at the same maximum assessment to a revised formula based on


Printed Page 2346 . . . . . Thursday, May 2, 1996

inaccurate census figures which, over time due to population changes, are inequitable.

AMENDED, READ THE SECOND TIME

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.

The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Finance.

The Senate Finance Committee proposed the following amendment (BBM\10794HTC.96), which was adopted:

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

/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1995-96 the following amounts:

(1) Federal Retiree Settlement. . . . .11,500,000

(2) Catawba Indian Settlement. . . . .2,500,000

(3) Budget & Control Board-

State House Renovation. . . . .3,867,818

(4) State Election Commission-

1996 General Election Expenses. . . . .1,227,500

(5) Department of Public Education-

Instructional Materials. . . . .13,302,951

(6) Department of Public Education-

Library Materials. . . . .1,000,000

(7) Budget & Control Board-

Public Education Technology. . . . .10,986,229

(8) Commission on Higher Education-

Formula Funding. . . . .33,700,000

Funds appropriated for the Higher Education formula shall be used only for nonrecurring purposes.

(9) University of South Carolina-

Institute of Public Affairs. . . . .300,000

(10) Governor's Office SLED-

Vehicles. . . . .750,000


Printed Page 2347 . . . . . Thursday, May 2, 1996

(11) Governor's Office SLED-

Data Masters. . . . .266,000

(12) Governor's Office SLED-

DNA Lab Equipment. . . . .100,000

(13) Commission for the Blind-

Roof Repairs. . . . .391,840

(14) John De La Howe School-

Building Maintenance. . . . .65,000

(15) Human Affairs Commission-

Computer Upgrade. . . . .24,000

(16) Wil Lou Gray-

Dorm Furniture and Equipment. . . . .165,000

(17) Wil Lou Gray-

Replace Telephone System. . . . .50,000

(18) Department of Agriculture-

Horticulture Building. . . . .200,000

(19) Department of Natural Resources-

Geology Equipment and Vehicles. . . . .53,520

(20) South Carolina Arts Commission-

Vehicles. . . . .40,000
. . . . .

Total Capital Reserve Fund

Appropriation. . . . .80,489,858

SECTION 2. This joint resolution takes effect thirty days after the completion of the 1995-96 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code./

Amend totals and title to conform.

The question then was the second reading of the Bill.

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

Ayes 45; Nays 0

AYES
Alexander           Boan                Bryan
Cork                Courson             Courtney
Drummond            Elliott             Fair
Ford                Giese               Glover
Gregory             Hayes               Holland
Jackson             Land                Lander

Printed Page 2348 . . . . . Thursday, May 2, 1996

Leatherman          Leventis            Martin
Matthews            McConnell           McGill
Mescher             Moore               O'Dell
Passailaigue        Patterson           Peeler
Rankin              Reese               Richter
Rose                Russell             Ryberg
Saleeby             Setzler             Short
Smith, G.           Smith, J.V.         Thomas
Waldrep             Washington          Wilson
TOTAL--45

NAYS
TOTAL--0

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 4602--Ordered to a Third Reading

On motion of Senator DRUMMOND, with unanimous consent, H. 4602 was ordered to receive a third reading on Friday, May 3, 1996.

MOTION ADOPTED

On motion of Senator COURSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. W. Miller Montgomery of Columbia, S.C.

Time Fixed

Senator DRUMMOND moved that, when the Senate adjourns on Friday, May 3, 1996, it stand adjourned to meet next Tuesday, May 7, 1996, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:30 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 2349 . . . . . Friday, May 3, 1996

Friday, May 3, 1996

(Local Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator LANDER.

May 1996

To The Honorable David Beasley, Governor of South Carolina and the Honorable Presiding Officers and members of the General Assembly.

The Committee to make a full and complete study of the illicit drug problems in South Carolina with a view to formulations and recommending appropriate legislative proposals for coping with the problem, was created by Concurrent Resolution S.771 of the General Assembly, approved April 24, 1970. The creating resolution authorized the establishment of a nine-member committee to consist of three members from the Senate, three members from the House and three members appointed by the Governor.

The Committee was formally organized on August 31, 1970, and was made a permanent committee on June 22, 1971.

Since the enactment of modernized drug legislation in 1971 and the creation of a permanent drug and narcotics study committee, the members have continuously worked to become knowledgeable and keep abreast of activities of the areas of drug education, treatment, aftercare, rehabilitation and law enforcement, and in addition to discover for themselves how the interrelationship of these divisions contributes to an effective and meaningful drug problem.

On June 14, 1977, legislation was ratified which changed the name of the Committee to The Joint Legislative Committee to Study the Problems of Alcohol and Drug Abuse. The membership was increased from nine members to twelve members, and the Committee has given the same attention to alcohol and drug problems as it has previously given to drug problems alone.


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