South Carolina General Assembly
108th Session, 1989-1990
Journal of the Senate

MONDAY, MAY 21, 1990

Monday, May 21, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 1:00 P.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, the psalmist wrote in the 105th Psalm (vv. 16-17):

"Next He called down famine on the

land.

He broke their staff, that is, their

bread.

He sent a man before them... Joseph..."
Let us pray.

Our Father, in our country we have for so long become accustomed to an abundance of almost everything; while so much of the rest of the world lies in want... and in need of so much. We have become spoiled by plenty, and luxuries have become necessities.

Shatter, O Lord, the illusion that it will always be so with us. Help us to realize that managing surpluses may not always be our problem... on a state or national level.

And so, as we continue our budget discussions, help us to be faithful underservants in the care and distribution of our resources. May our horn of plenty not become empty! Spare our people the consequences of voracious appetites of greed, gluttony... and selfishness.

We pray in the Name of the God that has richly blessed us and expects us to exercise our freedoms with restraints.

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

HOUSE AMENDMENTS AMENDED,
RETURNED TO THE HOUSE

S. 1034 -- Senators Waddell, Martschink, McConnell and Passailaigue: A JOINT RESOLUTION EXTENDING THE TIME FOR APPEALS OF ASSESSED VALUE APPLICABLE IN TAXABLE YEAR 1990 OF REAL PROPERTY DAMAGED BY HURRICANE HUGO.

The House returned the Joint Resolution with amendments.

Senator WADDELL proposed the following amendment (Doc. No. 1943X), which was adopted:

Amend the Joint Resolution, as and if amended, by adding an appropriately numbered section to read:

/SECTION ___. A. Section 12-37-980 of the 1976 Code is repealed.

B.   This section is effective for tax years beginning after 1989./

Renumber sections to conform.

Amend title to conform.

Senator WADDELL explained the amendment.

On motion of Senator WADDELL, the Joint Resolution was returned to the House with amendments.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1608 -- Senator Leatherman: A CONCURRENT RESOLUTION TO CONGRATULATE DR. WALTER DOUGLAS SMITH OF FLORENCE COUNTY UPON RECEIVING THE 1990 "OUTSTANDING OLDER SOUTH CAROLINIAN" AWARD PRESENTED BY THE SOUTH CAROLINA COMMISSION ON AGING.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

H. 4572 -- Reps. Hayes, Huff, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Jaskwhich, J.C. Johnson, Kay, Keegan, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Littlejohn, Manly, Mappus, D. Martin, L. Martin, McAbee, McBride, McCain, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, Rudnick, Sharpe, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkins, D. Williams, Winstead, Wofford and Wright: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES BY ADDING SECTION 44-53-476 SO AS TO MAKE IT UNLAWFUL TO BE A "LEADER OF A NARCOTICS TRAFFICKING NETWORK", TO PROVIDE THE ELEMENTS OF THIS OFFENSE, TO PROVIDE PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THIS OFFENSE WHICH IS A FELONY TO THIS LIST.

Read the first time and referred to the Committee on Judiciary.

H. 4945 -- Rep. Winstead: A BILL TO AMEND SECTION 16-14-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE FINANCIAL TRANSACTION CARD CRIME ACT, SO AS TO DEFINE "ACQUIRER"; AND TO AMEND SECTION 16-14-60, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO MAKE IT ILLEGAL FOR A PERSON TO FRAUDULENTLY REPRESENT TO AN ACQUIRER THAT HE HAS AUTHORIZATION TO USE A CREDIT CARD ACCOUNT NUMBER FOR THE PURPOSE OF RECEIVING MONEY, GOODS, SERVICES, OR ANYTHING ELSE OF VALUE, AND TO PROVIDE PENALTIES FOR VIOLATION.

Read the first time and referred to the Committee on Judiciary.

H. 4980 -- Reps. Moss and L. Martin: A BILL TO AMEND SECTION 38-73-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO DISAPPROVE A PREVIOUSLY APPROVED RATE FOR A CLASSIFICATION OF WORKERS' COMPENSATION INSURANCE AND OTHER MATTERS RELATING TO WORKERS' COMPENSATION, SO AS TO AUTHORIZE THE COMMISSIONER TO DISAPPROVE AN EXPERIENCE MODIFICATION RATE UPON A FINDING THAT IT IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY.

Read the first time and referred to the Committee on Judiciary.

H. 5098 -- Rep. G. Brown: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTHERN APARTMENTS, INC. OF BISHOPVILLE, S. C. IN LEE COUNTY.

Read the first time and referred to the Committee on Judiciary.

H. 5122 -- Rep. Washington: A BILL TO AMEND SECTION 7-7-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PLACES IN CHARLESTON COUNTY SO AS TO CHANGE THE VOTING PLACE FOR HOLLYWOOD PRECINCT FROM THE FIRE STATION TO THE TOWN HALL.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 5083 -- Reps. P. Harris, T.C. Alexander, Cooper, McLellan and Tucker: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE AREAS FROM WHICH THE BOARD MEMBERS ARE ELECTED; AND TO AMEND SECTION 2 OF ACT 270 OF 1989, RELATING TO THE EXPIRATION OF THE TERMS OF THE CURRENT MEMBERS OF THE BOARD AND PROVISIONS FOR THE INITIAL TERMS OF THE NEW BOARD TO BE ELECTED IN 1990, SO AS TO DELETE THE REFERENCE TO AN AT-LARGE ELECTION.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:

H. 5099 -- Rep. Baker: A BILL TO AMEND ACT 1182 OF 1968, RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO INCREASE THE AUTHORIZED INDEBTEDNESS FROM TWENTY FIVE THOUSAND TO ONE HUNDRED FIFTY THOUSAND DOLLARS.

(By prior motion of Senator BRYAN)

OBJECTION

Senator MARTSCHINK objected to consideration of any Bill on the statewide uncontested Calendar.

RECESS

At 1:15 P.M., on motion of Senator WADDELL, the Senate receded from business until 3:00 P.M.

At 3:09 P.M., the Senate resumed.

REPORT OF STANDING COMMITTEE
Adopted

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

S. 1606 -- Senators Lourie, Courson, Patterson and Giese: A SENATE RESOLUTION TO WELCOME MEMBERS OF PARLIAMENT OF THE REPUBLIC OF BOTSWANA TO SOUTH CAROLINA AND TO INVITE THEM TO VISIT THE SENATE CHAMBER AT 11:15 A.M. ON WEDNESDAY, MAY 23, 1990.

On motion of Senator MOORE, with unanimous consent, the Senate Resolution was taken up for immediate consideration.

On motion of Senator MOORE, the Resolution was adopted.

READ THE THIRD TIME

S. 1530 -- Judiciary Committee: A BILL TO ENACT "THE OMNIBUS DRUG OFFENSES ACT OF 1990" SO AS TO AMEND SECTION 44-53-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE NARCOTICS AND CONTROLLED SUBSTANCES LAWS, SO AS TO PROVIDE A DEFINITION FOR THE TERMS "ICE" OR "CRANK"; TO AMEND SECTION 44-53-370(a), RELATING TO PROHIBITED ACTS CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO INCLUDE DELIVERY, PURCHASE, OR ATTEMPTED MANUFACTURE, DISTRIBUTION, DISPENSING, DELIVERY, OR PURCHASE AS PROHIBITED ACTS; TO AMEND ITEM (e) OF SECTION 44-53-370, AS AMENDED, RELATING TO PROHIBITED ACTS CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO INCLUDE THE CULTIVATION OR PURCHASE AND ATTEMPTED POSSESSION AS PROHIBITED ACTS; TO AMEND SUBITEM (e)(1) OF SECTION 44-53-370, AS AMENDED, RELATING TO PROHIBITED ACTS CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF ONE HUNDRED TO ONE THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A MANDATORY TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF TWENTY-FIVE THOUSAND DOLLARS, THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF MORE THAN ONE THOUSAND MARIJUANA PLANTS, BUT LESS THAN TEN THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A MANDATORY TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF FIFTY THOUSAND DOLLARS, AND THAT THE ACTUAL OR CONSTRUCTIVE POSSESSION OF TEN THOUSAND MARIJUANA PLANTS OR MORE THAN TEN THOUSAND MARIJUANA PLANTS, REGARDLESS OF WEIGHT, IS PUNISHABLE BY A TERM OF IMPRISONMENT OF TWENTY-FIVE TO THIRTY YEARS WITH A MANDATORY MINIMUM TERM OF IMPRISONMENT OF TWENTY-FIVE YEARS AND A FINE OF TWO HUNDRED THOUSAND DOLLARS; TO AMEND SECTION 44-53-375, RELATING TO PENALTIES FOR POSSESSION, DISTRIBUTION, AND MANUFACTURE OF CRACK COCAINE, SO AS TO INCLUDE REFERENCES TO "ICE" AND "CRANK", TO PROHIBIT ATTEMPTED POSSESSION OF THESE SUBSTANCES, AND TO ADD A NEW OFFENSE KNOWN AS "TRAFFICKING IN ICE, CRANK, OR CRACK COCAINE"; TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-392 SO AS TO PROVIDE THAT THE TOTAL WEIGHT OF THE SUBSTANCE IN ITS PURE FORM OR AS A MIXTURE IS THE APPROPRIATE WEIGHT TO BE CONSIDERED FOR PURPOSES OF THIS ARTICLE; TO AMEND SECTION 44-53-445, AS AMENDED, RELATING TO THE DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A RADIUS OF ONE-HALF MILE OF A SCHOOL, SO AS TO EXPAND THE TERRITORIAL AREA IN WHICH A VIOLATION IS POSSIBLE; TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-475 SO AS TO MAKE THE LAUNDERING OF CERTAIN MONETARY INSTRUMENTS UNLAWFUL AND TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATION; TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-476 SO AS TO MAKE IT UNLAWFUL TO BE A "LEADER OF A NARCOTICS TRAFFICKING NETWORK", TO PROVIDE THE ELEMENTS OF THIS OFFENSE, AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND ITEM (6) OF SECTION 44-53-520(a), AS AMENDED, RELATING TO FORFEITURE OF CONVEYANCES USED OR INTENDED TO UNLAWFULLY CONCEAL, CONTAIN, OR TRANSPORT CONTROLLED SUBSTANCES AND THEIR COMPOUNDS, SO AS TO ALLOW FOR THE FORFEITURE OF SUCH CONVEYANCES WHEN USED OR INTENDED FOR USE TO FACILITATE THE UNLAWFUL CONCEALMENT, CONTAINMENT, OR TRANSPORTATION OF CONTROLLED SUBSTANCES IN VIOLATION OF SECTION 44-53-370(a) OR SECTION 44-53-370(e); TO AMEND CHAPTER 53, TITLE 44, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING SECTION 44-53-577 SO AS TO MAKE IT UNLAWFUL TO EMPLOY OR USE PERSONS UNDER EIGHTEEN YEARS OF AGE IN DRUG OPERATIONS OR TO RECEIVE A CONTROLLED SUBSTANCE FROM PERSONS UNDER EIGHTEEN YEARS OF AGE AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND CHAPTER 1, TITLE 56, RELATING TO DRIVER'S LICENSES, BY ADDING SECTION 56-1-745 SO AS TO REQUIRE THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE UPON A CONTROLLED SUBSTANCE CONVICTION UNDER CHAPTER 53 OF TITLE 44 AND TO PERMIT ISSUANCE OF A RESTRICTED TO AND FROM WORK LICENSE; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD CERTAIN DRUG-RELATED OFFENSES WHICH ARE MADE FELONIES TO THIS LIST.

On motion of Senator BRYAN, with unanimous consent, the Bill was taken up for immediate consideration.

The question being the third reading of the Bill.

On motion of Senator BRYAN, the Bill was read the third time, passed and ordered sent to the House of Representatives.

Motion Adopted

On motion of Senator MARTSCHINK, with unanimous consent, her objection was removed from all Bills on the uncontested statewide Calendar.

Motion Adopted

On motion of Senator WILLIAMS, with unanimous consent, the Senate proceeded to a Call of the uncontested statewide Calendar.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:

H. 5084 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF INSURANCE DEPARTMENT REGULATION R69-44 ("LONG-TERM CARE INSURANCE") UNTIL JUNE 30, 1991.

Senator SALEEBY explained the Joint Resolution.

HOUSE BILL RETURNED

The following House Bill was read the third time, passed and ordered returned to the House with amendments:

H. 3878 -- Reps. McEachin, Hayes and Corning: A BILL TO AMEND SECTIONS 58-7-20 AND 58-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFERRING ON PIPELINE AND WATER COMPANIES THE RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES TO CONDEMN PROPERTY, AND THE AUTHORITY OF WATER COMPANIES TO CONDEMN LAND FOR WATERWORKS, SO AS TO CORRECT REFERENCES, ADD COMPANIES PROVIDING SEWERAGE SERVICE TO THOSE COMPANIES AUTHORIZED TO CONDEMN PROPERTY, AND DELETE REFERENCES DESCRIBING THE PURPOSES FOR WHICH A COMPANY SUPPLYING WATER IS QUALIFIED TO CONDEMN PROPERTY.

THIRD READING BILL

The following Joint Resolution was severally read the third time, passed and ordered sent to the House of Representatives:

S. 1607 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1254, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator LOURIE explained the Joint Resolution.

AMENDMENT PROPOSED, OBJECTION

H. 4283 -- Rep. Sheheen: A BILL TO AMEND SECTION 56-1-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSTATEMENT OF A SUSPENDED OR REVOKED DRIVER'S LICENSE, SO AS TO INCREASE THE AMOUNT OF THE REINSTATEMENT FEE FROM TEN TO ONE HUNDRED DOLLARS, TO DELETE THE PROVISION NOT TO REQUIRE THE REINSTATEMENT FEE UNLESS DRIVER IMPROVEMENT INSTRUCTION IS PROVIDED, TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE THE INSTRUCTION, AND TO REFERENCE THE INSTRUCTION AS AN ADDITIONAL CONDITION PRECEDENT.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator LOURIE proposed the following amendment (Doc. No. 1795A, G2):

Amend the bill, as and if amended, Section 56-1-390(2), Page 4283-3, Line 16, by inserting after the word /bridges/ the words /, except that one dollar of the fees listed in item (1) must be credited to the Keep South Carolina Beautiful Fund/.

Amend title to conform.

Senator LOURIE explained the amendment.

Senator SALEEBY objected to further consideration of the Bill.

READ THE SECOND TIME

H. 3626 -- Rep. Wilkins: A BILL TO AMEND SECTION 24-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT BY THE BOARD OF CORRECTIONS, SO AS TO LIMIT WEEKEND SENTENCING TO THOSE PERSONS SENTENCED UNDER THE PROVISIONS OF SECTIONS 56-1-460 AND 56-5-2930 FOR VIOLATIONS OF DRIVING UNDER CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSE OR DRIVING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

On motion of Senator WADDELL, with unanimous consent, the Bill was read the second time, carrying over all amendments to third reading.

OBJECTION

H. 4668 -- Rep. T. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-15 SO AS TO PROVIDE THAT A UNIFORM TRAFFIC TICKET MUST BE USED BY ALL LAW ENFORCEMENT OFFICERS IN ARRESTS FOR OFFENSES, THE PUNISHMENT FOR WHICH IS WITHIN THE JURISDICTION OF THE MAGISTRATE'S AND MUNICIPAL COURT.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator LONG objected to consideration of the Bill.

OBJECTION

Senator LINDSAY objected to further consideration of any Bill on the uncontested statewide Calendar.

THE SENATE PROCEEDED TO THE GENERAL APPROPRIATION BILL.

COMMITTEE AMENDMENTS AMENDED, AMENDED,
DEBATE INTERRUPTED
H. 4800
GENERAL APPROPRIATION BILL

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator WADDELL spoke on the Bill.

The Committee on Finance proposed the following Amendment No. 173 (Doc. No. 5098W) which was adopted:

Amend the bill, as and if amended, Part I, Section 3A, Page 3, Line 22 by:
Striking 1,367,701 1,367,701 and
Inserting: 1,327,701 1,327,701

Amend further, Section 3B, Page 9, Line 24 by:
Striking:   663,812   663,812 and
Inserting:   623,812   623,812

Amend further, Section 3D, Page 14, Line 4 by:
Striking:   21,408   21,408 and
Inserting:   16,056   16,056

Amend further, Section 3D, Page 14, Line 6 by:
Striking:   21,408   21,408 and
Inserting:   16,056   16,056

Amend further, Section 3D, Page 15, Line 27 by:
Striking:   85,983   85,983 and
Inserting:   51,256   51,256

Amend further, Section 3J, Page 28, Line 1 by:
Striking:   1,892,827   1,892,827 and
Inserting:   1,889,843   1,889,843

Amend further, Section 4, Page 39, Line 35 by:
Striking:   407,625   407,625 and
Inserting:   357,625   357,625

Amend further, Section 10, Page 67, Proviso 10.1 by striking on Line 30, left column, the words "November 1" and inserting in its place "December 1".

Amend further, Section 13, Page 78, Proviso 13.3 by striking on Line 5, "$50.00" and inserting in its place "$25.00"

Amend further, Section 14A, Page 79, Line 19 by:
Striking:   3,313   3,313 and
Inserting:   132,394   132,394

and on Page 79, Line 25 by:
Striking:   367,503   367,503 and
Inserting:   342,503   342,503

Amend further, Section 14D, Page 85, Line 5 by:
Striking:   729,436   729,436 and
Inserting:   724,436   724,436

Amend further, Section 14G, Page 96, Line 6 by:
Striking:   232,121   232,121 and
Inserting:   222,121   222,121

Amend further, Section 14K, Page 115, Line 35 by:
Striking:   123,500   45,000 and
Inserting:   98,500   20,000

Amend further, Section 14L, Page 121, Line 21 by:
Striking:   3,000,000   3,000,000 and
Inserting:   2,710,082   2,710,082

Amend further, Section 14Q, Page 129, Line 14 by:
Striking:   14,298,765   14,298,765 and
Inserting:   7,254,760   7,254,760

Amend further, Section 14, Page 134, Proviso 14.33 by striking on Line 6, right column, the words "August 1" and inserting in its place "September 1".

Amend further Section 14, Page 134, Proviso 14.33, Line 9, right column, striking the words "November 1" and inserting in its place "December 1".

and on Line 25, right column, striking the words "November 1" and inserting in its place "December 1".

Amend further, Section 14, Page 135 Proviso 14.36 by striking on Lines 28 and 29, left column, the words "November 1" and inserting in its place "December 1".

Amend further, Section 14, Page 135, Proviso 14.37 by striking on Line 33, left column, the words "November 1" and inserting in its place "December 1".

Amend further, Section 14, Page 135, Proviso 14.38 by striking on Lines 37 and 38, left column, the words "November 1" and inserting in its place "December 1".

Amend further, Section 14, Page 140, Proviso 14.87 by striking on Line 18, left column, "$2,800,000" and inserting "$4,300,000" in its place.

and on Line 18, left column, by striking "$4,640,041" and inserting "$6,140,041" in its place.

Amend further, Section 14, Page 140, Proviso 14.90 by striking on Line 10 "$2,649,172" and inserting in its place "$5,399,172".

Amend further, Section 14, Page 140, Proviso 14.91 by striking on Line 17 "$1,500,000" and inserting in its place "$1,355,041"

and by striking on Line 19 "$1,500,000" and inserting in its place "$1,355,041".

Amend further, Section 15, Page 144, Proviso 15.14 by striking on Line 18 "$1,000,000" and inserting in its place "$500,000".

and by striking on Line 19 the words "to achieve" and inserting in its place "toward achieving".

Amend further, Section 16, Page 145, Line 23, by:
Striking:   19,191,460   18,414,241 and
Inserting:   18,611,668   17,834,449

Amend further, Section 17, Page 0155, Line 8, by:
Striking:   873,470   873,470 and
Inserting:   792,478   792,478

Amend further, Section 18, Page 0170, Line 11 by:
Striking:   7,584,420   7,584,420 and
Inserting:   7,094,151   7,094,151

Amend further, Section 19, Page 0178, Line 4, by:
Striking:   2,440,915   2,440,915 and
Inserting:   2,311,224   2,311,224

Amend further, Section 20, Page 0187, Line 30, by:
Striking:   640,095   640,095 and
Inserting:   564,257   564,257

Amend further, Section 21, Page 0193, Line 32, by:
Striking:   268,390   268,390 and
Inserting:   218,829   218,829

Amend further, Section 22, Page 0195, Line 5, by:
Striking:   6,767,843   6,714,318 and
Inserting:   6,651,768   6,598,243

Amend further, Section 23A, Page 0216, Line 38, by:
Striking:   8,223,336   8,223,336 and
Inserting:   7,474,863   7,474,863

Amend further, Section 23B, Page 0223, Line 12, by:
Striking:   753,925   753,925 and
Inserting:   636,317   636,317

Amend further, Section 23C, Page 0232, Line 32, by:
Striking:   725,135   725,135 and
Inserting:   678,688   678,688

Amend further, Section 23D, Page 0243, Line 26, by:
Striking:   781,971   781,971 and
Inserting:   717,446   717,446

Amend further, Section 23E, Page 0252, Line 4, by:
Striking:   816,225   816,225 and
Inserting:   757,546   757,546

Amend further, Section 23F, Page 0259, Line 25, by:
Striking:   211,006   211,006 and
Inserting:   367,243   367,243

Amend further, Section 23G, Page 0266, Line 30, by:
Striking:   298,710   298,710 and
Inserting:   283,681   283,681

Amend further, Section 23H, Page 0274, Line 6, by:
Striking:   265,626   265,626 and
Inserting:   421,390   421,390

Amend further, Section 23I, Page 0281, Line 29, by:
Striking:   353,556   353,556 and
Inserting:   499,707   499,707

Amend further, Section 23J, Page 0289, Line 12, by:
Striking:   169,263   169,263 and
Inserting:   163,551   163,551

Amend further, Section 24, Page 0301, Line 12, by:
Striking:   544,020   544,020 and
Inserting:   424,551   424,551

Amend further, Section 25A, Page 0313, Line 7, by:
Striking:   9,318,640   9,318,640 and
Inserting:   8,835,495   8,835,495

Amend further, Section 25B, Page 0316, Line 7, by:
Striking:   1,319,344   1,319,344 and
Inserting:   1,206,868   1,206,868

Amend further, Section 25C, Page 0319, Line 5, by:
Striking:   648,600   648,600 and
Inserting:   558,057   558,057

Amend further, Section 27, Page 0325, Line 18, by:
Striking:   11,452,688   11,452,688 and
Inserting:   10,299,068   10,299,068

Amend further, Section 27, Page 0325, Line 1 by:
Striking:   2,094,324   2,094,324 and
Inserting:   1,209,324   1,209,324

Amend further, Section 28, Page 0331, Line 12, by:
Striking:   14,920,929   14,478,229 and
Inserting:   13,420,929   12,978,229

Amend further, Section 28, Page 0337, Line 7, by:
Striking:   14,586,103 and
Inserting:   13,311,338

Amend further, Section 28, Page 0341, Line 34, by:
Striking:   4,566,865 and
Inserting:   1,841,630

Amend further, Section 28, Page 0345, Line 20, by:
Striking:   3,500,000 and
Inserting:   4,000,000

Amend further, Section 28, Page 0345, Line 25, by:
Striking:   1,828,136 and
Inserting:   1,328,136

Amend further, Section 28, Page 0346, Line 10, by:
Striking:   109,253   109,253 and
Inserting:   319,253   319,253

Amend further, Section 36, Page 0396, Line 16, by:
Striking:   1,181,149   1,181,149 and
Inserting:   1,081,149   1,081,149

Amend further, Section 38A, Page 405, Line 29 by:
Striking:   2,727,054   1,299,944 and
Inserting   2,327,054   1,099,944

and on Page 406, Line 11 by:
Striking:   309,895,795   37,914,359 and
Inserting:   308,796,894   37,614,359

and on Page 406, Line 14 by:
Striking:   59,695,613   15,511,233 and
Inserting:   58,596,712   15,211,233

Amend further, Section 39, Page 425, Line 25 by:
Striking:   49,768,415   9,462,210 and
Inserting:   49,268,415   8,962,210

Amend further, Section 40, Page 461, Line 26 by:
Striking:   64,638,807   62,767,273 and
Inserting:   64,438,807   62,567,273

and on Page 463, Line 19 by:
Striking:   3,250,000   2,600,000 and
Inserting:   1,450,000   800,000

Amend further, Section 41, Page 470, Line 25 by:
Striking:   66,221,642   20,286,860
Inserting:   66,021,642   20,086,860

Amend further, Section 43, Page 480, Line 15 by:
Striking:   515,864   477,175 and
Inserting:   449,902   416,160

and on Page 481, Line 10 by:
Striking:   3,550,412   2,229,662 and
Inserting:   3,350,412   2,029,662

and on Page 485, Line 28 by:
Striking:   500,256   136,170 and
Inserting:   193,231   52,598

and on Page 487, Line 39 by:
Striking:   555,990   189,037 and
Inserting:   88,431   30,067

and on Page 489, Line 11 by:
Striking:   342,660   174,758 and
Inserting:   303,290   154,679

and on Page 496, Line 14 by:
Striking:   24,066,746   10,030,084 and
Inserting:   23,858,608   9,953,720

Amend further, Section 52, Page 525, Line 2 by:
Striking:   92,710,638   91,460,815 and
Inserting:   91,762,136   90,512,313

and on Page 528, Line 4 by:
Striking:   11,397,478   11,201,928 and
Inserting:   10,841,144   10,645,594

Amend further, Section 52, Page 531, Line 36 by:
Striking:   33,629,728   30,658,941 and
Inserting:   33,382,405   30,411,618

Amend further, Section 53, Page 534, Line 36 by:
Striking:   1,191,927   917,427 and
Inserting:   1,123,357   848,857

and on Page 534, Line 38 by:
Striking:   931,800   558,835 and
Inserting:   724,150   351,185

Amend further, Section 57, Page 551, Lines 40 by:
Deleting:   9,507   9,507
Further p. 552 by striking line 1:
(1.00) (1.00)

Amend further, Section 58, Page 554, Line 40 by:
Striking:   416,567   416,567 and
Inserting:   346,249   346,249

Amend further, Section 61, Page 574, Lines 5 and 6 by:
Striking:   211,724   211,724 and
(8.00) (8.00)
Inserting:   150,224   150,224
(4.00) (4.00)

Amend further, Section 61, Page 573, Line 14 by:
Striking:   1,436,294   1,269,046 and
Inserting:   1,394,294   1,227,046

Amend further, Section 61, Page 576, Line 4 by:
Striking:   8,052,370   4,933,259 and
Inserting:   8,038,870   4,919,759

Amend further, Section 63, Page 578, Line 29 by:
Striking:   711,234   711,234 and
Inserting:   696,234   696,234

Amend further, Section 63, Page 586, Line 37 by:
Striking:   4,782,013   2,631,984 and
Inserting:   4,769,744   2,619,715

Amend further, Section 64, Page 589, Line 14 by:
Striking:   422,753   214,167 and
Inserting:   567,098   198,512

Amend further, Section 64, Page 589, Line 15 by:
Striking:   194,382   179,382 and
Inserting:   178,727   163,727

Amend further, Section 64, Page 589, Line 17 by:
Striking:   171,988   141,988 and
Inserting:   156,334   126,334

Amend further, Section 66, Page 597, Line 20 by:
Striking:   3,302,153   2,126,737 and
Inserting:   3,202,153   2,026,737

Amend further, Section 67, Page 602, Line 23 by:
Striking   251,500   221,500 and
Inserting   196,500   196,500

Amend further, Section 69, Page 607, Line 24 by:
Striking:   85,423   74,464 and
Inserting:   92,423   81,464

Amend further, Section 75, Page 626, Line 16 by:
Deleting:   50,950   50,950

Amend further, Section 80, Page 639, Line 8 by:
Striking:   27,210   27,210 and
Inserting:   17,671   17,671

Amend further, Section 81, Page 645, Lines 32 and 33 by:
Deleting:   17,625   17,625
(1.00) (1.00)

Amend further, Section 81, Page 645, Line 36 by:
Striking:   15,900   15,900 and
Inserting:   14,400   14,400

Amend further, Section 81, Page 645, Line 37 by:
Striking:   8,700   8,700 and
Inserting:   4,200   4,200

Amend further, Section 81, Page 645, Line 38 by:
Striking:   13,479   13,479 and
Inserting:   10,479   10,479

Amend further, Section 81, Page 645, Line 39 by:
Striking:   29,250   29,250 and
Inserting:   24,000   24,000

Amend further, Section 81, Page 648, Line 30 by:
Striking:   852,288   606,352 and
Inserting:   848,538   602,602

Amend further, Section 82, Page 650, Line 21 by:
Striking:   2,339   2,339 and
Inserting:   204,086   204,086

Amend further, Section 82, Page 651, Line 26 by:
Striking:   3,797,513   3,797,513 and
Inserting:   4,626,839   4,626,839

Amend further, Section 82, Page 651, Line 35 by:
Striking:   15,180   15,180 and
Inserting:   111,581   111,581

Amend further, Section 122, Page 703, Line 10 by:
Striking:   91,078,523   91,078,523 and
Inserting:   90,822,552   90,822,552

and on Page 703, Line 25 by:
Striking:   6,936,842   6,936,842 and
Inserting:   6,892,813   6,892,813

and on Page 705, Proviso 122.1 by striking on Line 29 "80.8" and inserting in its place "80.6".

Amend further, Section 123, Page 708, Line 13 by:
Striking:   147,300   147,300 and
Inserting:   142,100   142,100

Amend further, Part II, Page 766 by adding a new section to be appropriately numbered:

/SECTION

TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUE OF ADDITIONAL BONDS FOR HURRICANE HUGO CAPITAL IMPROVEMENT REQUIREMENTS, AND TO INCREASE THE LIMITATION ON THE MAXIMUM AGGREGATE PRINCIPAL INDEBTEDNESS OF THE STATE; AND TO AMEND SECTION 2-7-105 OF THE 1976 CODE, RELATING TO THE YEARS WHEN CAPITAL IMPROVEMENT BONDS MAY BE AUTHORIZED, SO AS TO PROVIDE THAT BONDS MAY BE AUTHORIZED IN ODD RATHER THAN EVEN-NUMBERED YEARS.

A. Item (f) of Section 3 of Act 1377 of 1968, as last amended by Section 30, Part II, Act 189 of 1989, is further amended by adding:

"Budget and Control Board

(a) Hurricane Hugo Capital

Improvements

(i) Federal Emergency Management Agency

Public Assistance Match for Capital

Improvements $ 4,650,000

(ii) Division of Local Government Water

and Sewer Capital Improvement

Grants -- Federal Match 3,300,000

(iii) Beach Restoration - Hilton Head

Island Capital Improvement 3,750,000

(iv) State Agency - Hugo related

capital improvements 6,000,000

Total, Budget and Control Board $17,700,000

The funds provided above must be made available immediately upon the approval of this section.

The funds authorized in (iv) above for state agency Hugo related capital improvements must be apportioned by the State Budget and Control Board, after review by the Joint Bond Review Committee, according to the priority of need.

TOTAL, ALL AGENCIES $17,700,000."

B. Section 4 of Act 1377 of 1968, as last amended by Act 638 of 1988, is further amended to read:

"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $1,499,931,569.10. The limitation imposed by the provisions of this section does not apply to bonds issued on behalf of the Mental Health Commission as provided in Act 151 of 1983 and Acts 1272 and 1276 of 1970, as amended, or to bonds issued on behalf of the Commission on Mental Retardation as provided in Article 7, Chapter 21, Title 44 of the 1976 Code. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by the application of the Capital Reserve Fund or by amendments of this act. Within these limitations state capital improvement bonds may be issued under the conditions prescribed by this act."

C. Section 2-7-105 of the 1976 Code is amended to read:

"Section 2-7-105. State capital improvement bonds may be authorized by the General Assembly in odd-numbered years."/

Amend further, Part III, Section 1, Page 766, Line 24 after the word "in" by inserting "Section 2 of".

Amend further, Part III, Section 1, Page 766, Line 29 after the word "in" by inserting "Section 2 of".

Amend further, Part III, Section 3, Page 767, Line 3 after the word "in" by inserting "Section 2 of".

Amend further, Part III, Section 5, Page 767, Line 18 by striking "this act" and inserting in its place "Section 2 of this Part".

Amend further, Part III, by adding after SECTION 5 a new SECTION to be appropriately numbered:

SECTION __. Due to extraordinary and compelling circumstances, the General Assembly hereby authorizes the State Budget and Control Board of South Carolina to issue eighteen million three hundred thousand dollars of general obligation debt of the State, in the form of a promissory note, for the purpose of meeting the state's obligation to provide $18,000,000 of matching funds for the Federal Emergency Management Agency's (FEMA) Individual and Family Grant Program and to provide $300,000 of matching funds for the Federal Emergency Management Agency's Public Assistance Program as a result of Hurricane Hugo, which obligations are hereby declared to be a public purpose. Such general obligation debt shall be issued under such terms and conditions as the State Budget and Control Board shall prescribe; provided, however, that such general obligation debt shall not mature later than July 1, 1991; and provided further, that there is hereby allocated sufficient tax revenues to provide for the punctual payment of the principal of and interest on such general obligation debt. In accordance with the provisions of Article X, Section 13 of the State Constitution, the full faith, credit and taxing power of the State shall be pledged to the payment of the principal of and interest on such general obligation debt.

Amend sections, totals and title to conform.

Senator PASSAILAIGUE proposed the following Amendment No. 13 (Doc. No. 3560R), which was ruled out of order:

Amend the bill, as and if amended, Part I, Section 3A, Page 0002, Line(s) 4 and 5, by:

Striking: 478,400 478,400 and

(46.00) (46.00)

Inserting: 460,000 460,000

(46.00) (46.00)

Amend totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Point Of Order

Senator LINDSAY raised a point of order that the amendment was out of order inasmuch as it was violative of Section 2-1-185 of the South Carolina Code of Laws, 1976, as amended.

Senator PASSAILAIGUE spoke on the Point of Order.

Senator LINDSAY spoke on the Point of Order.

Senator MACAULAY spoke on the Point of Order.

Senator BRYAN spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Leave Of Absence

Senator DRUMMOND requested and was granted a leave of absence from 4:30 until 9:00 P.M. today.

Leave Of Absence

Senator LOURIE requested and was granted a leave of absence for Wednesday, May 23, 1990.

Senator McCONNELL proposed the following Amendment No. 74 (Doc. No. 3898R), which was adopted:

Amend the bill, as and if amended, Part I, Section 3D, Page 0015, Line(s) 10 and 11, by:

Deleting:   State Register Asst.   20,000   20,000

Item Name     (1.00) (1.00)

Amend totals and title to conform.

Senator MOORE spoke on the amendment.

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

Senator MOORE moved to lay the amendment on the table.

The Senate refused to table the amendment.

The question then was the adoption of the amendment.

The amendment was adopted.

Senator McCONNELL proposed the following Amendment No. 89 (Doc. No. 3900R), which was adopted:

Amend the bill, as and if amended, Part I, Section 3D, Page 0015, Line(s) 12 and 13, by:

Deleting: Asst. Research Atty.     52,500   52,500

Item Name     (1.00) (1.00)

Amend totals and title to conform.

Senator McCONNELL argued in favor of the adoption of the amendment and Senator MOORE argued contra.

Senator MOORE moved to lay the amendment on the table.

The Senate refused to table the amendment.

The question then was the adoption of the amendment.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 15 (Doc. No. 3853R), which was tabled:

Amend the bill, as and if amended, Part I, Section 3D, Page 0016, Line(s) 19, by:

Deleting:   Equipment   50,000   50,000

ITEM NAME   ( )   ( )

Amend totals and title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator WADDELL argued contra.

Senator SALEEBY moved to lay the amendment on the table.

The amendment was laid on the table.

Senator PASSAILAIGUE proposed the following Amendment No. 17 (Doc. No. 3562R), which was tabled:

Amend the bill, as and if amended, Part I, Section 3H, Page 022, Line(s) 19 and 20, by:

DELETING: Program Support Analyst

ITEM NAME   (1.00) (1.00)

Amend totals and title to conform.

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

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator LINDSAY proposed the following Amendment No. 158 (Doc. No. 2833D), which was tabled:

Amend the bill, as and if amended, Part I, Section 3, Page 0028, After Line(s) 30, by:

Adding:   Jt. Leg. Committee for

Adult Literacy

Through Technology 5,000   5,000

Item Name     () ()

Amend totals and title to conform.

Senator LINDSAY argued in favor of the adoption of the amendment and Senator McCONNELL argued contra.

Senator LINDSAY moved that the amendment be adopted.

Senator McCONNELL moved to lay the amendment on the table.

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

AYES

Bryan                     Courson                   Drummond
Giese                     Gilbert                   Helmly
Leatherman                Lee                       Leventis
Martschink                McConnell                 O'Dell
Passailaigue              Peeler                    Pope
Rose                      Russell                   Shealy
Smith, H.C.               Stilwell                  Thomas
Wilson                    

Total--22

NAYS

Fielding                  Hayes                     Land
Lindsay                   Long                      Lourie
Macaulay                  Martin                    McGill
McLeod                    Mitchell                  Moore
Mullinax                  Patterson                 Saleeby
Setzler                   Smith, J.V.               Smith, N.W.
Waddell                   

Total--19

The amendment was laid on the table.

Senator ROSE proposed the following Amendment No. 140 (Doc. No. 3919R), which was tabled:

Amend the bill, as and if amended, Part I, Section 3, Page 3-034, Proviso 3.51. by:

Adding/Inserting the following:

3.51. A committee is created to study alternative and innovative methods of financing infrastructure of public highway and utility projects. The committee is composed of nine members. Three members must be appointed by the President of the Senate from the membership of the Senate, one of whom must be the Chairman of the Senate Transportation Committee or his designee from the membership of the Senate and one of whom must be the Chairman of the Senate Finance Committee or his designee from the membership of the Senate; three must be appointed by the Speaker of the House of Representatives from the membership of the House, one of whom must be the Chairman of the Education and Public Works Committee or his designee from the membership of the House of Representatives and one of whom must be the Chairman of the Ways and Means Committee or his designee from the membership of the House of Representatives; and three must be appointed by the Governor from different geographic areas of the State.

The committee shall meet as soon after its appointment as may be practicable and organize by electing one of its members as chairman and one as vice-chairman and other officers it may consider desirable. The committee shall meet after the first meeting upon call of the chairman or a majority of its members. The committee may confer with any person or organization that may be helpful in its study. All state agencies shall cooperate with the committee in helping to carry out the purpose of this resolution. The committee shall make its report and recommendations to the General Assembly as soon as may be practicable. The Department of Highways and Public Transportation shall provide administrative staff for the committee.

The members of the committee shall receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.

The expenses of the committee must be paid from the approved accounts of both Houses and may not exceed five thousand dollars.

The committee shall dissolve after the submission of its report to the General Assembly, which must occur no later than one year from the date this act takes effect. The Legislative Council shall provide legal services as the committee may require in the performance of its duties.

Amend sections, totals and title to conform.

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

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

LEAVE OF ABSENCE

Senator MITCHELL requested and was granted a leave of absence from 4:00 P.M. until 12:00 Noon Tuesday, May 22, 1990.

Senator LINDSAY proposed the following Amendment No. 157 (Doc. No. 2834D), which was tabled:

Amend the bill, as and if amended, Part I, Section 3, Page 0035, Proviso 3.__ by:

Adding/Inserting the following:

/3.__ There is hereby established the Joint Legislative Committee on Adult Literacy Through Technology. Its purpose is to study and develop a plan to pilot test the use of video technology in an adult literacy program. Funds appropriated herein may be used as deemed appropriate by the committee. The committee shall consist of nine members as follows:
(1) three members of the House of Representatives, one appointed by the Speaker of the House, one appointed by the Chairman of the Education and Public Works Committee, and one appointed by the Chairman of the Ways and Means Committee;
(2) three members of the Senate, one appointed by the President of the Senate, one appointed by the Chairman of the Education Committee, and one appointed by the Chairman of the Finance Committee;
(3) one member appointed by the Governor;
(4) one member appointed by the president of the South Carolina Educational Television Network;
(5) one adult education director appointed by the State Superintendent of Education.

The committee shall meet as soon after its appointment as may be practicable and shall organize by electing one of its members as chairman and one as vice-chairman and other officers as it may consider desirable. The committee may confer with any person or organization that may be helpful in its study. All state agencies shall cooperate with the committee in helping to carry out its work.

The members of the committee shall receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.

The expenses of the committee must be paid from the approved accounts of both Houses./

Amend sections, totals and title to conform.

Senator LINDSAY argued in favor of the adoption of the amendment and Senator McCONNELL argued contra.

Senator McCONNELL moved to lay the amendment on the table.

The amendment was laid on the table.

Senator PASSAILAIGUE proposed the following Amendment No. 19 (Doc. No. 3564R), which was ruled out of order:

Amend the bill, as and if amended, Part I, Section 5A, Page 0045, Line(s) 03 and 04, by:

Striking:     91,607       91,607   And

(1.00)         (1.00)

Inserting:     84,897             84,897

(1.00)       (1.00)

Amend totals and title to conform.

Point Of Order

Senator LONG raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 1-1-1210 of the S.C. Code of Laws, 1976, as amended.

Senator BRYAN spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator PASSAILAIGUE proposed the following Amendment No. 48 (Doc. No. 3565R), which was tabled:

Amend the bill, as and if amended, Part I, Section 5B, Page 0046, Line(s) 33 and 34, by:

DELETING: Clerical Specialist "A"

ITEM NAME (1.00) (1.00)

Amend totals and title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senators LONG and HORACE C. SMITH argued contra.

Senator HORACE C. SMITH moved to lay the amendment on the table.

The amendment was laid on the table.

Senator PASSAILAIGUE proposed the following Amendment No. 20 (Doc. No. 3854R), which was tabled:

Amend the bill, as and if amended, Part I, Section 5B, Page 0046, Line(s) 36 and 37, by:

DELETING: Admin. Spec. C 31,681 31,681

ITEM NAME ( 2.00 ) ( 2.00 )

Amend totals and title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator HORACE C. SMITH argued contra.

Senator HORACE C. SMITH moved to lay the amendment on the table.

The amendment was laid on the table.

Senator PASSAILAIGUE proposed the following Amendment No. 22 (Doc. No. 3566R), which was tabled:

Amend the bill, as and if amended, Part I, Section 5C, Page 0050, Line(s) 11 and 12, by:

DELETING: Engineering Assoc. II

ITEM NAME (1.00)

Amend the bill further, as and if amended, Part I, Section 5C, Page 0050, Line(s) 13 and 14, by:

DELETING: Engineering Assoc. I

ITEM NAME (1.00)

Amend the bill further, as and if amended, Part I, Section 5C,

Page 0050, Line(s) 15 and 16, by:

DELETING: Auditor II

ITEM NAME (1.00)

Amend the bill further, as and if amended, Part I, Section 5C, Page 0050, Line(s) 17 and 18, by:

DELETING: Auditor I

ITEM NAME (1.00)

Amend the bill further, as and if amended, Part I, Section 5C, Page 0050, Line(s) 19 and 20, by:

DELETING: Administrative Spec. C

ITEM NAME (3.00)

Amend the bill further, as and if amended, Part I, Section 5C, Page 0050, Line(s) 21 and 22, by:

DELETING: Accounting Tec. II

ITEM NAME (2.00)

Amend the bill further, as and if amended, Part I, Section 5C, Page 0050, Line(s) 31 and 32, by:

DELETING: Admin./Gov. Office

ITEM NAME ( 1.00)

Amend totals and title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator HORACE C. SMITH argued contra.

Senator HORACE C. SMITH moved to lay the amendment on the table.

The amendment was laid on the table.

Leave Of Absence

Senator FIELDING requested and was granted a leave of absence from 5:30 until 7:00 P.M. today.

Senator LINDSAY proposed the following Amendment No. 12 (Doc. No. 5061W), which was adopted:

Amend the bill, as and if amended, Part I, Section 10, Page 66, Line(s) 7,8, by:

Striking: 35,000 35,000 And
(1.00) (1.00)

Inserting: 70,000 70,000
(2.00) (2.00)

Amend further, Page 67, Line 6 by:

Striking: 1,451,950 1,451,950 And

Inserting 1,459,150 1,459,150

Amend totals and title to conform.

Senator LINDSAY explained the amendment.

Senator LINDSAY moved that the amendment be adopted.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 53 (Doc. No. 3570R), which was tabled:

Amend the bill, as and if amended, Part I, Section 12, Page 0072, Line(s) 3 and 4, by:

DELETING: General Engineer 27,433

ITEM NAME (1.00)

Amend the bill further, as and if amended, Part I, Section 12, Page 0072, Line(s) 5 and 6, by:

DELETING: Admin. Spec. A 13,017

ITEM NAME (1.00)

Amend the bill further, as and if amended, Part I, Section 12, Page 0072, Line(s) 7 and 8, by:

DELETING: Account. Tech. II 16,472

ITEM NAME (1.00)

Amend the bill further, as and if amended, Part I, Section 12, Page(s) 0072 line(s) 40 and and page 0073, line 1, by:

DELETING: Accountant

ITEM NAME (1.00) (1.00)

Amend totals and title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator HORACE C. SMITH argued contra.

Senator HORACE C. SMITH moved to lay the amendment on the table.

The amendment was laid on the table.

Senator PASSAILAIGUE proposed the following Amendment No. 25 (Doc. No. 3857R), which was tabled:

Amend the bill, as and if amended, Part I, Section 14G, Page 0099, Line(s) 8 and 9, by:

DELETING: Project Manager II 34,713 34,713

ITEM NAME (1.00 ) ( 1.00 )

Amend totals and title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator HORACE C. SMITH argued contra.

Senator HORACE C. SMITH moved to lay the amendment on the table.

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

AYES

Fielding                  Gilbert                   Hinds
Land                      Lee                       Lindsay
Lourie                    Martin                    McGill
McLeod                    Moore                     Mullinax
O'Dell                    Patterson                 Saleeby
Setzler                   Smith, H.C.               Smith, J.V.
Smith, N.W.               Waddell                   

Total--20

NAYS

Bryan                     Courson                   Giese
Helmly                    Leatherman                Leventis
Long                      Macaulay                  Martschink
McConnell                 Passailaigue              Peeler
Pope                      Rose                      Russell
Shealy                    Stilwell                  Thomas
Wilson                    

Total--19

The amendment was laid on the table.

Senator PASSAILAIGUE proposed the following Amendment No. 26 (Doc. No. 3858R), which was tabled:

Amend the bill, as and if amended, Part I, Section 14G, Page 0104, Line(s) 9 and 10, by:

DELETING: Real Prop. Manager 26,378 26,378

ITEM NAME (1.00) (1.00)

Amend totals and title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator WADDELL argued contra.

Senator WADDELL moved to lay the amendment on the table.

The amendment was laid on the table.

Senator PASSAILAIGUE proposed the following Amendment No. 30 (Doc. No. 3848R), which was adopted:

Amend the bill, as and if amended, Part I, Section 14K , Page 0115, Line(s) 31 and 32, by:

DELETING: Training Coord. 25,154 25,154

ITEM NAME ( 1.00 ) ( 1.00 )

Amend totals and title to conform.

Senator WADDELL argued contra to the adoption of the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The Senate refused to table the amendment.

The question then was the adoption of the amendment.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 148 (Doc. No. 0706I), which was adopted:

Amend the bill, as and if amended, Part I, Section 14K, Page 0115, Line(s) 35, by:

Striking: 123,500 45,000 And
( ) ( )

Inserting: 78,500 0
( ) ( )

Amend totals and title to conform.

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

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 146 (Doc. No. 0704I), which was adopted:

Amend the bill, as and if amended, Part I, Section 14K, Page 0115, Line(s) 36, by:

Striking: 30,959 21,459 And

( ) ( )

Inserting: 9,500 0
( ) ( )

Amend totals and title to conform.

Senator LINDSAY spoke on the amendment.

Senator PASSAILAIGUE spoke on the amendment.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 147 (Doc. No. 0705I), which was adopted:

Amend the bill, as and if amended, Part I, Section 14K, Page 0115, Line(s) 38, by:

Striking: 34,750 30,000 And
() ()

Inserting: 4,750 0
( ) ( )

Amend totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 28 (Doc. No. 3849R), which was adopted:

Amend the bill, as and if amended, Part I, Section 14K, Page 0117, Line(s) 1 and 2, by:

DELETING: Recruit. Spec. 26,053 26,053

ITEM NAME ( 1.00 ) ( 1.00 )

Amend totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

The amendment was adopted.

Senator SALEEBY proposed the following Amendment No. 241 (Doc. No. 5073W), which was adopted:

Amend the bill, as and if amended, Part I, Section 14K, Page 117, Line(s) after Line 2, by:
Clerical

Adding: Specialist A 12,857 12,857
Item Name (1.00) (1.00)

Amend further, Page 119, Line 23 by:

Striking 600,479 451,168 And

Inserting 604,136 454,825

Amend totals and title to conform.

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

Senator SALEEBY moved that the amendment be adopted.

Senator LEATHERMAN moved to lay the amendment on the table.

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

AYES

Bryan                     Giese                     Helmly
Leatherman                Leventis                  Macaulay
Martschink                McConnell                 Passailaigue
Peeler                    Pope                      Rose
Russell                   Setzler                   Shealy
Smith, N.W.               Stilwell                  Thomas
Wilson                    

Total--19

NAYS

Courson                   Fielding                  Gilbert
Hayes                     Hinds                     Land
Lee                       Lindsay                   Long
Lourie                    Martin                    McGill
McLeod                    Moore                     Mullinax
O'Dell                    Patterson                 Saleeby
Smith, H.C.               Smith, J.V.               Waddell

Total--21

The Senate refused to table the amendment.

The question was the adoption of the amendment.

Senator SHEALY argued contra to the adoption of the amendment.

Senator SALEEBY moved that the amendment be adopted.

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

AYES

Courson                   Fielding                  Gilbert
Hayes                     Hinds                     Hinson
Land                      Lee                       Lindsay
Long                      Lourie                    Martin
McGill                    McLeod                    Moore
Mullinax                  Patterson                 Saleeby
Smith, H.C.               Smith, J.V.               Waddell

Total--21

NAYS

Bryan                     Giese                     Helmly
Leatherman                Leventis                  Macaulay
Martschink                McConnell                 O'Dell
Passailaigue              Peeler                    Pope
Rose                      Russell                   Setzler
Shealy                    Smith, N.W.               Stilwell
Thomas                    Wilson                    

Total--20

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 9A (Doc. No. 1828A), which was tabled:

Amend the bill, as and if amended, Part I, Section 14L, Page 0121, Line(s) 21, by:
Striking:   2,710,082   2,710,082 And
Inserting:   1,390,082   1,390,082

Amend totals and title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator HINSON argued contra.

Senator HINSON moved to lay the amendment on the table.

The amendment was laid on the table.

Senator WADDELL proposed the following Amendment No. 43 (Doc. No. 5040W), which was adopted:

Amend the bill, as and if amended, Part I, Section 14, Page 139, Proviso 14.79 by adding the following:

/A reclassification of a state employee pursuant to the Uniform Classification and Compensation Plan instituted by the employee's agency or the Division of Human Resource Management of the State Budget and Control Board may take effect only when an agency head certifies to the Division of Human Resource Management and the Budget Division that personal service funding is available to provide for the annualized cost of the reclassification and that a transfer of funds from operating expenses to personal services has not and will not be made to provide funding for the reclassification./

Amend sections, totals and title to conform.

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

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

Senator WADDELL proposed the following Amendment No. 45 (Doc. No. 5041W), which was adopted:

Amend the bill, as and if amended, Part I, Section 14, Page 140, Proviso 14.88 by:

STRIKING AND INSERTING THE FOLLOWING:

Strike on line 22, left column, "Section 9-1-70" and inserting in its place "Section 1-11-440"

Amend sections, totals and title to conform.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 129A (Doc. No. 0758I), which was adopted:

Amend the bill, as and if amended, Part I , Section 14, Page 0140, Proviso 14.90 by:

Striking the proviso in its entirety and inserting the following:

/The Budget and Control Board must develop and implement a plan to delay the filling of new positions funded out of the general fund as contained in this Act so as to compensate for the reduction of $5,383,172 in the Base Pay Increase. The delay in filling new positions must not be applied to new positions authorized for the Department of Corrections and for Vocational Rehabilitation. The plan must be as uniform and equitable as may be practicable./

Amend sections, totals and title to conform.

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

Senator SETZLER moved that the amendment to be adopted.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 6 (Doc. No. 1807A), which was carried over subject to a Point of Order which was taken under advisement:

Amend the bill, as and if amended, Part I, Section 14, Page 140, Proviso 14. by:

ADDING/INSERTING THE FOLLOWING:

"14.___ Consistent with the provisions of Section 11-11-320 of the 1976 Code of Laws, the entire appropriation authorized pursuant to Section 14R or such amount remaining after any reduction required to cover an anticipated shortfall in projected revenue must be credited to a Special Tax Liability Contingency Fund to be separate and distinct from the General Fund to be used for any refunds or other liabilities of the State resulting from a decision in the matter of Bass v. State of South Carolina (Civil Action Number 89-CP-26-1136)."

Amend title, totals and sections to conform.

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

Point Of Order

Senator LINDSAY raised a Point of Order that the amendment was out of order inasmuch as it was violative of Article III, Section 36 of the Constitution and Section 11-11-320 of the S.C. Code of Laws, 1976, as amended.

The PRESIDENT took the matter under advisement as it related to Amendment No. 6, as will as Amendments Nos. 7 and 8 by Senator PASSAILAIGUE.

Senators PATTERSON, LOURIE, MATTHEWS, GILBERT and MITCHELL proposed the following Amendment No. 164 (Doc. No. 2821D), which was adopted:

Amend the bill, as and if amended, Part I, Section 15, Page 0142, Line(s) 17, by:

Adding: Special Item:

Benedict College Teacher Recruitment

Program     50,000   50,000

Item Name     ( )   ( )

Amend totals and title to conform.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

Senators SETZLER, LOURIE, BRYAN, LEVENTIS, O'DELL, MARTSCHINK, MULLINAX, McLEOD, MOORE, and PASSAILAIGUE proposed the following Amendment No. 75B (Doc. No. 0748I), which was adopted:

Amend the bill, as and if amended, Part I, Section 15, Page 0144, Proviso 15. by:

ADDING/INSERTING THE FOLLOWING:

/15.___ By March 1 of the current fiscal year, the board of trustees of each public college and university shall develop and submit their approved guidelines for the expenditure of state, federal, and other funds which shall include guidelines for the spending of discretionary funds to the House Education and Public Works Committee and to the Senate Education Committee./

Amend sections, totals and title to conform.

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

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 82 (Doc. No. 2820D), which was adopted:

Amend the bill, as and if amended, Part I, Section 28, Page 0334, Line(s) 37, by:

Deleting:     6,103,861

Amend the bill further, Part I, Section 28, Page 0337, Line(s) 9, by:

Deleting:     390,060

Amend the bill further, Part I, Section 28, Page 0337, Line(s) 29, by:

Deleting:     367,850

Amend the bill further, Part I, Section 28, Page 0337, Line(s) 36, by:

Deleting:     1,078,396

Amend the bill further, Part I, Section 28, Page 0338, Line(s) 5, by:

Deleting:     4,600,000

Amend the bill further, Part I, Section 28, Page 0341, Line(s) 24, by:

Deleting:     173,735

Amend the bill further, Part I, Section 28, Page 0344, Line(s) 38 by:

Adding     390,060

Amend the bill further, Part I, Section 28, Page 0345, Line(s) 2 by:

Deleting     742,075

Amend the bill further, Part I, Section 28, Page 0345, Line(s) 5, by:

Striking:     362,846 And

Inserting     1,104,921

Amend the bill further, Part I, Section 28, Page 0345, Line(s) 8, by:

Adding:     367,850

Amend the bill further, Part I, Section 28, Page 0345, Line(s) 9, by:

Adding:     1,078,396

Amend the bill further, Part I, Section 28, Page 0345, Line(s) 10, by:

Adding:     4,600,000

Amend the bill further, Part I, Section 28, Page 0345, Line(s) 11, by:

Adding:     6,103,861

Amend the bill further, Part I, Section 28, Page 0345, Line(s) 13, by:

Adding:     173,735

Amend totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 70 (Doc. No. 2823D), which was adopted:

Amend the bill, as and if amended, Part I, Section 28, Page 0336, Line(s) 34, by:

Adding:

Item Name (2.00) ( )

Amend totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Debate was interrupted by adjournment.

Time Fixed

Senator WADDELL, with unanimous consent, moved that when the Senate adjourns, it stand adjourned to meet on Tuesday, May 22, 1990 at 10:00 A.M., which motion was adopted.

ADJOURNMENT

At 6:45 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 10:00 A.M.

* * *


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