South Carolina General Assembly
110th Session, 1993-1994
Journal of the Senate

Wednesday, May 19, 1993

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:30 A.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, hear the psalmist in Psalm 72:1-3:

"Give the king your justice, O God,

and Your righteousness to the king's son;

that he may rule your people righteously

and the poor with justice;

That the mountains may bring prosperity to

the people, and the little hills bring

righteousness."
Let us pray.

Dear Lord and Master, as our kings are our elected rulers, grant to our President and all who are involved in the delicate decision making on our world scene wisdom in their policies and their commitment of our resources and American aid... especially American human lives.

For us here: help us to be led through the underbrush of confusion to a clarification of our political, economic and social forces toward what we often think of as the Promised Land bearing some semblance to what we call the Kingdom of God... in the Name of the God of all rulers.

Amen.

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

Doctor of the Day

Senator PASSAILAIGUE introduced Dr. Gary Haynes of Charleston, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator WASHINGTON, at 10:30 A.M., Senator MATTHEWS was granted a leave of absence until 1:00 P.M.

Message from the House

Columbia, S.C., May 18, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Jennings, J. Wilder and J. Brown of the Committee of Conference on the part of the House on:
S. 371 -- Senator Drummond: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTIES TO THE COMMISSION.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 18, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 539 -- Senator Drummond: A BILL TO AMEND SECTIONS 9-1-1560 AND 9-11-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISABILITY RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICER'S RETIREMENT SYSTEM, SO AS TO PROVIDE THAT MEMBERS RETIRING FROM THOSE SYSTEMS AFTER OCTOBER 15, 1992, AT ANY AGE AS A RESULT OF DISABILITY MUST RECEIVE A BENEFIT EQUAL TO AT LEAST FIFTEEN PERCENT OF AVERAGE FINAL COMPENSATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 19, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on S. 593, R90 by a vote of 4 to 1:
(R90) S. 593 -- Senators Elliott, Greg Smith and Rankin: AN ACT TO AMEND ACT 337 OF 1971, AS AMENDED, RELATING TO THE CREATION OF THE GRAND STRAND WATER AND SEWER AUTHORITY, SO AS TO GRANT THE AUTHORITY THE POWER, WITH THE APPROVAL OF THE CUSTOMER, TO ROUND TO THE NEXT HIGHEST DOLLAR A CUSTOMER'S BILL AND DISBURSE THE FUNDS REALIZED FROM THIS ROUNDING PROCEDURE FOR CHARITABLE PURPOSES.
Very respectfully,
Speaker of the House

Received as information.

SENATE RECEDES FROM AMENDMENTS

Message from the House

Columbia, S.C., May 18, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3903 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, RELATING TO LICENSING OF NURSING HOME AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1620, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Very respectfully,
Speaker of the House

Senator PASSAILAIGUE spoke on the Resolution.

On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate receded from its amendments to H. 3903 and a message was sent to the House accordingly, requesting that proper notation be recorded on the Resolution.

RECALLED

H. 3424 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT WHEN THE OPERATOR OR OWNER OF AN INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE IS ISSUED A TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO BE COMPLETED BY HIM AND HIS INSURER OR THE AGENT ISSUING THE POLICY TO VERIFY LIABILITY INSURANCE COVERAGE; AND TO AMEND SECTION 56-10-45, RELATING TO MOTOR VEHICLE FINANCIAL SECURITY AND THE CONFISCATION OF LICENSE PLATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT LOCAL LAW ENFORCEMENT AGENCIES ARE AUTHORIZED TO CONFISCATE MOTOR VEHICLE REGISTRATION CERTIFICATES AND PLATES WHERE THE SECURITY REQUIRED BY CHAPTER 10 OF TITLE 56 HAS LAPSED.

Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

On motion of Senator SALEEBY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 787 -- Senator Stilwell: A BILL TO AMEND ARTICLE 13, CHAPTER 7, TITLE 14 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, BY ADDING SECTION 14-7-1595, SO AS TO PROVIDE FOR EMPOWERING A COUNTY GRAND JURY TO INVESTIGATE CERTAIN OFFENSES AND GIVING THE SOLICITOR CERTAIN ADDITIONAL POWERS AND AUTHORITIES BEFORE A COUNTY GRAND JURY EMPOWERED TO INVESTIGATE THOSE OFFENSES.

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

H. 4202 -- Rep. Koon: A CONCURRENT RESOLUTION CONGRATULATING MS. LORRI L. SHEALY OF LEXINGTON COUNTY ON BEING CHOSEN THE "J. WILL PLESS INTERNATIONAL GRADUATE OF THE YEAR" FOR 1993 BY THE INTERNATIONAL LEGAL FRATERNITY PHI DELTA PHI.

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

H. 4203 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE TEN OUTSTANDING STUDENTS AT BOILING SPRINGS HIGH SCHOOL AND TO WISH THEM WELL AS THEY CONTINUE TO DISTINGUISH THEMSELVES IN THEIR SCHOOL WORK AND EXTRACURRICULAR ACTIVITIES.

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

H. 4204 -- Rep. McMahand: A CONCURRENT RESOLUTION COMMENDING MARGARET GRIER OF GREENVILLE COUNTY FOR HER MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO EDUCATION AND WISHING HER HAPPINESS IN HER RETIREMENT.

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

H. 4207 -- Reps. Quinn, Wright and Riser: A CONCURRENT RESOLUTION TO CONGRATULATE DUTCH FORK ELEMENTARY SCHOOL IN SCHOOL DISTRICT 5 OF LEXINGTON AND RICHLAND COUNTIES UPON BEING DESIGNATED AMONG "AMERICA'S BEST" SCHOOLS BY REDBOOK MAGAZINE.

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

H. 3126 -- Rep. Keegan: A BILL TO AMEND SECTION 56-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALER "SOLD" CARDS ON VEHICLES, SO AS TO REQUIRE DEALERS TO AFFIX A CARD ON A SOLD VEHICLE AND TO REQUIRE CERTAIN IDENTIFYING INFORMATION ON THE CARD.

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

H. 3835 -- Rep. Fair: A BILL TO AMEND SECTION 44-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICE CREDIT CONTRACTS, SO AS TO INCREASE THE DURATION OF CONTRACTS FROM ONE TO THREE MONTHS AND THE AMOUNT FROM FIFTY DOLLARS TO FIFTY DOLLARS A MONTH FOR THOSE CONTRACTS THAT MUST CONFORM TO STATUTORY REQUIREMENTS; AND TO AMEND SECTION 44-79-80, AS AMENDED, RELATING TO CERTIFICATES OF AUTHORITY, SO AS TO REQUIRE THE POST OF THESE CERTIFICATES WITHIN VIEW OF THE FRONT ENTRANCE AND TO REQUIRE POSTING OF THE NUMBER OF COMPLAINTS FILED AGAINST THE CENTER.

Read the first time and referred to the Committee on Medical Affairs.

H. 4110 -- Reps. Fulmer and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-625 SO AS TO PROVIDE THAT IF ACCESS TO A PARTICULAR PROPERTY OR PROPERTIES IS CONTROLLED BY A TRAFFIC SIGNAL, THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY REQUIRE THAT IMPROVEMENTS BE MADE TO THE PROPERTY WHICH ARE NECESSARY TO IMPROVE TRAFFIC FLOW AT THE INTERSECTION CONTROLLED BY THE TRAFFIC SIGNAL.

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

H. 4181 -- Reps. Koon and Spearman: A BILL TO DECLARE A CERTAIN ROAD IN LEXINGTON COUNTY TO BE A COUNTY ROAD AND A PART OF THE COUNTY ROAD SYSTEM OF LEXINGTON COUNTY.

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

CARRIED OVER

H. 4170 -- Reps. Sheheen, Delleney, Fulmer, Harrison, McElveen and McTeer: A CONCURRENT RESOLUTION TO DECLARE THE PUBLIC POLICY OBJECTIVES AND STATE INTERESTS OF THE STATE OF SOUTH CAROLINA IN ESTABLISHING SINGLE-GENDER INSTITUTIONS OF HIGHER LEARNING FOR THE PURPOSE OF PROVIDING SINGLE-GENDER POST-SECONDARY EDUCATIONAL OPPORTUNITIES TO ITS CITIZENS, AND TO ESTABLISH A COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER IN EXPLORING ALTERNATIVES FOR THE PROVISION OF SINGLE-GENDER EDUCATIONAL OPPORTUNITIES FOR WOMEN.

Senator O'DELL from the General Committee submitted a majority favorable and Senator WASHINGTON a minority unfavorable report on the Concurrent Resolution.

Point of Order

Senator CORK raised a Point of Order under Rule 48 that consideration of the Resolution was out of order as the Resolution was not received by the Senate prior to May first.

The PRESIDENT sustained the Point of Order and stated that a two-thirds vote would be required to waive the provisions of Rule 48.

Senator McCONNELL made a motion that the provisions of Rule 48 be waived.

Parliamentary Inquiry

Senator WILLIAMS made a Parliamentary Inquiry as to whether or not the two-thirds vote was of the total membership of the Senate or those present and voting.

The PRESIDENT stated that Rule 48 provided that suspension of the rule would be by a two-thirds vote of the total membership of the Senate.

Point of Order

Senator CORK raised a Point of Order that the motion to suspend the provisions of Rule 48 was out of order inasmuch as the motion would need to be made during the Motion Period.

The PRESIDENT overruled the Point of Order and stated that the motion was proper at this time.

On motion of Senator WILLIAMS, with unanimous consent, the Resolution was carried over.

HOUSE CONCURRENCE

S. 785 -- Senators Mitchell, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE MARY WOODS OF TAYLORS UPON RECEIVING THE NATIONAL DISTINGUISHED PRINCIPAL AWARD.

Returned with concurrence.

Received as information.

S. 786 -- Senators Mitchell, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO THE FAMILY OF BELTON OSWALD "TOMMY" THOMASON, JR., OF GREENVILLE UPON HIS DEATH.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3715 -- Rep. Rogers: A BILL TO AMEND SECTION 41-16-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ELEVATOR CODE, SO AS TO MAKE CHANGES TO THE DEFINITIONS OF "FACILITY", "DUMBWAITER", AND "DORMANT FACILITY" AND TO PROVIDE DEFINITIONS FOR THE TERMS "TEMPORARILY DECOMMISSIONED FACILITY" AND "HANDICAP LIFT"; TO AMEND SECTION 41-16-40, RELATING TO THE ELEVATOR CODE AND THE ISSUANCE OF REGULATIONS, SO AS TO PROVIDE FOR CONTROL OR PREVENTION OF ACCESS TO TEMPORARILY DECOMMISSIONED FACILITIES AND QUALIFICATIONS FOR OBTAINING A SPECIAL INSPECTOR'S LICENSE, REVOCATION OF A SPECIAL INSPECTOR'S LICENSE, DISQUALIFICATION OF SPECIAL INSPECTORS, AND ETHICS OF SPECIAL INSPECTORS; TO AMEND SECTION 41-16-100, RELATING TO OPERATING PERMITS UNDER THE ELEVATOR CODE, SO AS TO DELETE REFERENCES TO "PERMIT" AND "PERMITS" AND SUBSTITUTE "CERTIFICATE" AND "CERTIFICATES" THEREFOR, PROVIDE A REFERENCE FOR "HANDICAP LIFT", DELETE CERTAIN LANGUAGE, AND PROVIDE THAT CERTIFICATES MUST BE ISSUED WITHIN THIRTY DAYS AFTER DETERMINATION BY THE DEPARTMENT OF LABOR THAT ALL DEFICIENCIES FOUND UPON INSPECTION HAVE BEEN CORRECTED AND ALL FEES HAVE BEEN PAID; TO AMEND SECTION 41-16-110, RELATING TO THE ELEVATOR CODE AND ORDERS, REVOCATION OF OPERATING PERMITS, AND JUDICIAL RELIEF, SO AS TO DELETE PROVISIONS RELATING TO THE COMMISSIONER OF LABOR ORDERING A PROPERTY OWNER TO MAKE CHANGES NECESSARY FOR COMPLIANCE UNDER CERTAIN CIRCUMSTANCES, AND RELATING TO THE COMMISSIONER SUSPENDING OR REVOKING AN OPERATING PERMIT OR REFUSING TO ISSUE AN OPERATING PERMIT FOR A FACILITY UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 41-16-140, RELATING TO FEES UNDER THE ELEVATOR CODE, SO AS TO PROVIDE THAT IN CASES WHERE THE FEES ARE NOT PAID WITHIN SIXTY DAYS, THE ATTORNEY GENERAL SHALL BRING AN ACTION AGAINST THE ASSESSED OWNER OR OPERATOR, PROVIDE FOR THE DEPOSIT OF ANY AMOUNTS COLLECTED, AND PERMIT THE STATE TO BE GRANTED COSTS AND ATTORNEYS' FEES FOR THESE ACTIONS; AND TO AMEND SECTION 41-16-180, RELATING TO THE ELEVATOR CODE AND CIVIL PENALTIES, SO AS TO DELETE THE CURRENT PROVISIONS AND PROVIDE FOR THE ASSESSMENT OF VARIOUS CIVIL PENALTIES IN VARYING AMOUNTS UNDER CERTAIN SPECIFIED CIRCUMSTANCES AND CONDITIONS, REQUIRE ALL AMOUNTS COLLECTED UNDER THIS SECTION TO BE TURNED OVER TO THE STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND, AND PROVIDE THAT ANY OWNER, OPERATOR, MANAGEMENT COMPANY, OR CONTRACTOR AFFECTED OR AGGRIEVED BY CERTAIN THINGS MAY PETITION THE COMMISSIONER OF LABOR FOR ADMINISTRATIVE REVIEW.

(By prior motion of Senator GIESE, with unanimous consent)

H. 4137 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REPORTING TERMINATION OF SCHOOL DISTRICT PERSONNEL TO STATE DEPARTMENT OF EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1554, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

HOUSE BILL RETURNED

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

H. 3717 -- Rep. Rogers: A BILL TO AMEND SECTION 41-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, THE APPLICABILITY OF THESE PROVISIONS, AND EXCEPTIONS TO APPLICABILITY, SO AS TO MAKE THE PROVISIONS APPLICABLE TO CERTAIN "OTHER PLACES OPEN TO THE PUBLIC"; TO AMEND SECTION 41-18-40, RELATING TO DEFINITIONS UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO DELETE CERTAIN LANGUAGE, MAKE CHANGES TO THE DEFINITIONS OF "TEMPORARY DEVICE" AND "SERIOUS INJURY", AND PROVIDE A DEFINITION FOR "CATASTROPHIC ACCIDENT"; TO AMEND SECTION 41-18-60, RELATING TO APPLICATION FOR, AND DURATION AND REVOCATION OF, A PERMIT UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT A PERMIT IS VALID FOR A PERIOD OF UP TO ONE YEAR EXPIRING ON DECEMBER THIRTY-FIRST OF THE YEAR IT IS ISSUED, REQUIRE THAT NOTICE OF PLANNED SCHEDULES BE MAILED TO THE COMMISSIONER OF LABOR AT LEAST SEVEN, RATHER THAN FIFTEEN, DAYS BEFORE THE FIRST INTENDED DATE OF USE, AND PROVIDE THAT CERTAIN VIOLATIONS OF THE AMUSEMENT RIDES SAFETY CODE MAY RESULT IN REVOCATION IF WRITTEN NOTICE OF NONCOMPLIANCE IS SERVED UPON THE OWNER SPECIFYING ANY VIOLATION OF THE PROVISIONS OF THE CODE AND DIRECTING THE OWNER TO CORRECT THE VIOLATIONS WITHIN THE PERIOD SPECIFIED BY THE COMMISSIONER, RATHER THAN WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE; TO AMEND SECTION 41-18-70, RELATING TO THE INSPECTION OF AN AMUSEMENT DEVICE WHICH MUST BE MADE BEFORE A PERMIT MAY BE ISSUED, SO AS TO PROVIDE THAT THE INSPECTION MUST HAVE BEEN CONDUCTED WITHIN ONE MONTH, RATHER THAN WITHIN ONE YEAR, PRIOR TO THE PERMIT APPLICATION, UNLESS EXTENDED BY CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 41-18-80, RELATING TO INSPECTION PROCEDURES UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE COMMISSIONER OF LABOR'S DESIGNEE, PROVIDE THAT, IN THE CASE OF A TEMPORARY DEVICE, BEFORE FIRST OPERATION IN THIS STATE EACH YEAR, RATHER THAN "UPON FIRST ENTRY INTO THE STATE", THE AMUSEMENT DEVICE MUST BE INSPECTED BY THE COMMISSIONER OR SPECIAL INSPECTOR FOR THE PERMIT TO BE ISSUED AND DELETE CERTAIN PROVISIONS; TO AMEND SECTION 41-18-100, RELATING TO THE AMUSEMENT RIDES SAFETY CODE, DISCRIMINATION, OWNER'S DUTIES AFTER SERIOUS INJURY OCCURS, AND INSPECTION AND CORRECTION OF DEFECTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ANY OWNER OR LESSEE WHO BECOMES AWARE AT A CERTAIN TIME THAT A SERIOUS INJURY HAD OCCURRED SHALL REPORT IT IMMEDIATELY AND IN NO CASE LATER THAN THE END OF THE NEXT BUSINESS DAY, AND PROVIDE THAT WHEN A CATASTROPHIC ACCIDENT, RATHER THAN A SERIOUS INJURY, OCCURS INVOLVING THE OPERATION OF AN AMUSEMENT DEVICE, THE OWNER OR LESSEE SHALL IMMEDIATELY SHUT DOWN THE DEVICE FROM FURTHER USE; TO AMEND SECTION 41-18-110, RELATING TO NOTICE TO OWNERS, LESSEES, AND OPERATORS OF AMUSEMENT DEVICES OF RIGHTS AND OBLIGATIONS UNDER THE AMUSEMENT RIDES SAFETY CODE UPON RECEIPT OF PERMIT APPLICATIONS, SO AS TO PROVIDE THAT THIS NOTICE MUST BE FURNISHED BY THE COMMISSIONER OF LABOR ONLY UPON REQUEST; AND TO AMEND SECTION 41-18-150, RELATING TO CIVIL PENALTIES UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO PROVIDE THAT A PERSON WHO KNOWINGLY AND WILFULLY OPERATES AN AMUSEMENT DEVICE WITHOUT COMPLYING WITH CERTAIN PROVISIONS OF THE AMUSEMENT RIDES SAFETY CODE OR REGULATIONS PROMULGATED THEREUNDER IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS PER DEVICE FOR EACH DAY SUCH NONCOMPLIANCE CONTINUES, AND PROVIDE FOR A SIMILAR CIVIL PENALTY FOR A PERSON WHO OPERATES AN AMUSEMENT DEVICE WITHOUT COMPLYING WITH CERTAIN PROVISIONS OF THE SAFETY CODE OR REGULATIONS PROMULGATED THEREUNDER.

(By prior motion of Senator GIESE, with unanimous consent)

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.

SECOND READING BILL

The following Bill having been read the second time was ordered placed on the third reading Calendar:

H. 4162 -- Reps. Holt, Whipper, J. Bailey, Hutson, Hallman, Breeland, Harrell, Gonzales, Barber, Inabinett, R. Young and Fulmer: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1993-94 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1993-94.

H. 4162--Ordered to a Third Reading

On motion of Senator McCONNELL, with unanimous consent, H. 4162 was ordered to receive a third reading on Thursday, May 20, 1993.

ADOPTED

S. 775 -- Senators Wilson, Macaulay, Giese, Glover and Rankin: A CONCURRENT RESOLUTION TO FIX 12:00 O'CLOCK NOON, ON WEDNESDAY, JUNE 2, 1993, AS THE TIME FOR THE INITIAL ELECTION OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY AND TO FILL VACANCIES CREATED BY THE EXPIRATION OF TERMS BY ELECTING A MEMBER OF THE BOARD OF VISITORS OF THE CITADEL, SIX MEMBERS OF THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, AND THREE MEMBERS OF THE BOARD OF TRUSTEES OF THE WIL LOU GRAY OPPORTUNITY SCHOOL.

The Concurrent Resolution was adopted, ordered sent to the House.

CARRIED OVER

H. 3552 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 4 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH SPECIAL PUBLIC WORKS IMPROVEMENT DISTRICTS, TO PRESCRIBE THE PROCEDURE FOR THEIR CREATION AND THE PURPOSES FOR WHICH THEY MAY BE CREATED, AND TO AUTHORIZE THE IMPOSITION OF ASSESSMENTS, THE ISSUANCE OF BONDS, AND EXPENDITURES OF REVENUE FOR THE COST OF PROPOSED IMPROVEMENTS.

On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was carried over.

H. 3615 -- Reps. Allison, G. Bailey, Haskins, Littlejohn, Jaskwhich, Harrison, Shissias, Wells, R. Smith, Neal, Farr, Walker, Davenport, Beatty, Cooper, Sturkie, Stone, Hutson, Riser, Robinson, Byrd, Stoddard, Thomas, Lanford, D. Smith, Phillips, D. Wilder and Snow: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE THAT THE GOVERNING BODY OF SUCH A DISTRICT MAY RECEIVE IN MILEAGE AND SUBSISTENCE EXPENSES AMOUNTS NOT EXCEEDING THOSE ALLOWED BY LAW FOR STATE BOARDS, COMMITTEES, AND COMMISSIONS; AND TO ALLOW THE GOVERNING BODY TO ESTABLISH A PER DIEM NOT TO EXCEED ONE HUNDRED DOLLARS.

On motion of Senator STILWELL, with unanimous consent, the Bill was carried over.

H. 3135 -- Reps. Corning, Quinn, Hallman, Cato, Jaskwhich, Shissias, Harrison, Harrell, Waites, Littlejohn, A. Young, Vaughn, Haskins, J. Bailey, Walker, Simrill, Robinson, D. Wilder, J. Wilder, G. Brown, Graham, Kirsh, Davenport, Stone, Meacham and Wells: A BILL TO AMEND ACT 610 OF 1990, RELATING TO THE JUDICIARY, SO AS TO EXTEND THE LIMIT ON DIRECT SOLICITING OF MEMBERS OF THE GENERAL ASSEMBLY FOR VOTES FOR JUDICIAL CANDIDATES BEFORE THE QUALIFICATIONS OF ALL CANDIDATES FOR THE OFFICE ARE DETERMINED BY THE JUDICIAL SCREENING COMMITTEE TO INDIRECT SOLICITATION, TO DEFINE INDIRECT SOLICITATION AND PROVIDE EXCEPTIONS TO REQUIRE THE COMMITTEE TO CONSIDER VIOLATIONS OF THIS SECTION WHEN CONSIDERING A CANDIDATE'S QUALIFICATIONS; AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.

On motion of Senator MOORE, with unanimous consent, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3610, THE GENERAL APPROPRIATIONS BILL.

AMENDED, READ THE SECOND TIME WITH

NOTICE OF GENERAL AMENDMENTS

H. 3610

GENERAL APPROPRIATIONS BILL

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

Statement by Senator RICHTER

Pursuant to Section 8-3-745(A) and (B), please let the Senate Journal show that I do hereby recuse myself from taking part in any vote on that section of the state appropriations bill for fiscal year 1993-94 relating to the Procurement Review Panel.

Amendment No. 15

Senators LAND and WILLIAMS proposed the following Amendment No. 15 (M3610.2), which was tabled:

Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 2, line 13, by striking / (510,863) / and inserting therein / 189,137 /.

Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 2, line 16, by striking / (477,870) / and inserting therein / (77,870) /.

Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 5, line 24, by striking / (25,870,253) / and inserting therein / (24,770,253) /.

Amend sections, totals, and title to conform.

Senator LAND explained the amendment.

Senators PASSAILAIGUE and ELLIOTT argued contra to the adoption of the amendment.

Point of Quorum

Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator McCONNELL moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson

The Senate resumed.

Leave of Absence

At 12:10 P.M., Senator THOMAS requested a leave of absence from 1:00 - 2:00 P.M.

Senator ELLIOTT continued arguing contra to the adoption of Amendment No. 15.

Senator LEVENTIS spoke on the amendment.

Senator WASHINGTON spoke on the amendment.

Senator GREG SMITH argued contra to the adoption of the amendment.

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

Senator ELLIOTT moved to lay the amendment on the table.

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

Ayes 21; Nays 16

AYES

Cork Elliott Ford
Gregory Hayes Holland
Leatherman McConnell McGill
Mescher Moore O'Dell
Passailaigue Peeler Rankin
Richter Rose Ryberg
Smith, G. Washington Wilson

TOTAL--21

NAYS

Bryan Courtney Drummond
Giese Glover Land
Lander Leventis Macaulay
Mitchell Reese Saleeby
Setzler Smith, J.V. Stilwell
Waldrep

TOTAL--16

ABSTAIN

Short

TOTAL--1

The amendment was laid on the table.

Statement by Senator SHORT

To avoid even an appearance of a potential conflict of interest as delineated in Section 8-13-700(B), I wish the Journal to reflect that I did not participate or attempt to influence the decision with regard to Amendment No. 15, as my husband is a state circuit court judge.

Amendment No. 25

Senator WASHINGTON proposed the following Amendment No. 25 (0007.MKT), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION II, page 4, line 9, by striking / (80,672) / and inserting therein / (62,872) /.

Amend totals to conform.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 17

Senator DRUMMOND proposed the following Amendment No. 17 (JIC\5978HC.93), which was adopted:

Amend the report, as and if amended, in DIVISION III, Section 1, by inserting in the appropriate sequence /3.48.,/.

Renumber sections to conform.

Amend totals and title to conform.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 41A

Senator LAND proposed the following Amendment No. 41A (3610R056.JCL), which was adopted:

Amend the Finance Committee Report, as and if amended, Division III, Section 2, Page 9, Line 11, by inserting the following:

/ 5.10. The State Law Enforcement Division is hereby authorized to charge and collect a fee, not to exceed $10 $15 each, for criminal record searches conducted pursuant to regulations contained in Chapter 73, Article 3, subarticle 1 of the Code of State Regulations. Any such fees shall be remitted to the general fund. /

Amend the Senate Finance Committee Report, as and if amended, Division II, page 2, line 16, by striking / (477,870) / and inserting therein / (177,870) /.

Amend title to conform.

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

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

RECESS

At 1:05 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 1:35 P.M.

At 1:47 P.M., the Senate resumed.

Point of Quorum

Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator DRUMMOND moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Waldrep Washington
Wilson

The Senate resumed.

Amendment No. 47

Senator PASSAILAIGUE proposed the following Amendment No. 47 (3610R045.ELP), which was tabled:

Amend the Finance Committee Report, as and if amended, Division III, Section 2, Pages 13 and 14, by striking proviso 14J.9 in its entirety.

Amend title to conform.

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

Senator PASSAILAIGUE moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

ACTING PRESIDENT PRESIDES

At 1:24 P.M., Senator LEVENTIS assumed the Chair.

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

Ayes 27; Nays 12

AYES

Courson Courtney Drummond
Elliott Giese Glover
Hayes Jackson Land
Lander Leatherman Leventis
Macaulay Martin McGill
Mitchell Moore O'Dell
Patterson Peeler Rankin
Ryberg Setzler Smith, J.V.
Waldrep Washington Wilson

TOTAL--27

NAYS

Cork Gregory McConnell
Mescher Passailaigue Reese
Richter Rose Russell
Short Smith, G. Stilwell

TOTAL--12

The amendment was laid on the table.

Statement by Senators WILSON and RYBERG

We reluctantly voted for the loan authorization but in the future this should be avoided.

Amendment No. 16

Senator DRUMMOND proposed the following Amendment No. 16 (JIC\5979HC.93), which was adopted:

Amend the report, as and if amended, in DIVISION III, Section 2, by adding:

/38A.8. The funds appropriated in II D shall be utilized for services integration efforts. The State Reorganization Commission shall conduct an evaluation of services integration efforts. The State Reorganization Commission will provide the results of the study to the Ways and Means Committee, Senate Finance Committee, Budget and Control Board Budget Division, Governor's Office and the Human Services Coordinating Council./

Renumber sections to conform.

Amend totals and title to conform.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

PRESIDENT PRESIDES

At 1:30 P.M., the PRESIDENT assumed the Chair.

Amendment No. 62

Senator J. VERNE SMITH proposed the following Amendment No. 62 (436\11435AC.93), which was adopted:

Amend the bill, as and if amended, Division III, Section 2, paragraph 39.27, by deleting lines 3 through 22 on page 43 and inserting:

/In order to comply with the provisions of the federal Safe Drinking Water Act, the department is authorized to collect a fee from each public water system. The fee must be based upon the number of service connections or the number of taps or meters through which the system provides water to its customers. The fees collected must be returned to the department for the purposes of implementing the Safe Drinking Water Act Regulatory Program including engineering plan review, compliance inspections, and enforcement; and for providing technical assistance and monitoring and laboratory analytical services for the public water systems of the State.
SYSTEM SIZE SYSTEM FEE
(# SERVICE CONNECTIONS)

2 - 14 (Serve fewer than twenty-five customers) $ 150.00

2 - 14 (Serve twenty-five or more customers) $ 500.00

15 - 50 $ 800.00

51 - 100 $ 1,500.00

101 - 500 $ 4,000.00

501 - 1000 $ 8,000.00

1001 - 5000 $15,000.00

5001 - 10000 $18,000.00

10001 - 25000 $20,000.00

25001 - 50000 $30,000.00

50001 - up $40,000.00/

Renumber sections to conform.

Amend totals and title to conform.

Senator J. VERNE SMITH argued in favor of the adoption of the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 46

Senator PASSAILAIGUE proposed the following Amendment No. 46 (3610R046.ELP), which was tabled:

Amend the Finance Committee Report, as and if amended, Division III, Section 2, Pages 46 and 47, by striking proviso 59.7 and inserting a new 59.7 to read:

/ 59.7. (Carry Forward for IPP Repayment) Any unexpended balance of Fiscal Year 1991-92 1992-93 appropriated funds may be carried forward into Fiscal Year 1992-93 1993-94 for the purpose of repaying the amount borrowed from the Insurance Reserve Fund all or any portion of any settlement or award resulting from litigation or negotiations regarding the payment of overtime compensation. /

Amend title to conform.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment laid on the table.

Recorded Vote

Senators PASSAILAIGUE, McCONNELL and ROSE desired to be recorded as voting against the motion to table the amendment.

Amendment No. 28

Senator MOORE proposed the following Amendment No. 28 (3610R037.TLM), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 2, Proviso 129.35, page 60, beginning on line 41 and on page 61, lines 1 through 5, by striking:

/ State agencies and institutions shall be allowed to spend public funds on employee plaques, certificates, and other similar recognition events, up to the limit of $50 for each individual, provided that no such award is monetary, and that total expenditures of public funds for such awards by each state agency or institution do not exceed $1,000 per every 1,000 employees. /

and inserting:

/ As long as there is no impact on appropriated funds, state agencies and institutions shall be allowed to spend public and/or other funds for designated employee award programs which shall have written criteria approved by the agency governing board or commission. For purposes of this section, monetary awards, if any, shall not be considered a part of an employee's base salary, a salary supplement, or a perquisite of employment. The names of all employees receiving monetary awards and the amounts received shall be reported annually to the South Carolina Division of Human Resource Management." /

Amend sections, totals, and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 43

Senators ROSE and RICHTER proposed the following Amendment No. 43 (3610R035.MTR), which was carried over:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, page 64, after line 36, by adding an appropriately numbered SECTION to read:

/4.______. Whenever the Court shall order appointment of counsel and expert witnesses to assist an indigent person in the presentation of a defense pursuant to the provisions of Section 16-3-26 of the 1976 Code, the judiciary, through the Chief Justice of the Supreme Court, shall be required to make an annual written accounting to the General Assembly not later than the third Tuesday in January. The accounting must include the name and number of the case, the name of the judges making the appointment, the nature of the specific services provided by expert witnesses, the specific purpose for which the expert services were ordered and the total costs of the services provided. /.

Amend sections, totals and title to conform.

Senator ROSE explained the amendment.

Senator LAND argued contra to the adoption of the amendment.

Senator LAND moved to lay the amendment on the table.

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

Ayes 17; Nays 26

AYES

Bryan Elliott Ford
Glover Jackson Land
Matthews McGill Mitchell
O'Dell Patterson Rankin
Saleeby Short Smith, G.
Stilwell Washington

TOTAL--17

NAYS

Cork Courson Courtney
Drummond Giese Gregory
Hayes Lander Leatherman
Leventis Macaulay Martin
McConnell Mescher Passailaigue
Peeler Reese Richter
Rose Russell Ryberg
Setzler Smith, J.V. Thomas
Waldrep Wilson

TOTAL--26

The Senate refused to table the amendment. The question then was the adoption of the amendment.

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

Senator LAND moved to carry over the amendment.

Senator ROSE moved to table the motion to carry over.

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

Ayes 22; Nays 20

AYES

Cork Courson Courtney
Drummond Gregory Leatherman
Leventis Macaulay Martin
McConnell Mescher O'Dell
Passailaigue Peeler Reese
Richter Rose Russell
Ryberg Setzler Smith, J.V.
Wilson

TOTAL--22

NAYS

Bryan Elliott Ford
Giese Glover Hayes
Jackson Land Lander
Matthews McGill Mitchell
Patterson Rankin Saleeby
Short Smith, G. Stilwell
Waldrep Washington

TOTAL--20

The motion to carry over was laid on the table.

Senator WASHINGTON argued contra to the adoption of the amendment.

Point of Order

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

Having voted on the prevailing side, Senator DRUMMOND moved to reconsider the vote, whereby the motion to carry over was laid on the table.

The question then was the motion to carry over the amendment.

The motion was reconsidered.

The amendment was carried over.

Amendment No. 26

Senator LAND proposed the following Amendment No. 26 (JIC\6007HC.93), which was adopted:

Amend the report, as and if amended, DIVISION III, SECTION 3, page 65, by inserting after line 24:

/10A.5 The additional .25 FTE added for the Prosecution Coordination Commission is to make the position of executive support specialist fulltime./

Amend further, DIVISION III, SECTION 3, paragraph 129.75, page 92, by inserting after line 18:

/-Sect 10A. Prosecution Coordination Commission +.25 State/.

Renumber sections to conform.

Amend totals and title to conform.

Senator DRUMMOND spoke on the amendment.

Senator LAND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Leave of Absence

At 4:15 P.M., Senator ROSE requested a leave of absence until 5:30 P.M.

Amendment No. 78

Senator THOMAS proposed the following Amendment No. 78 (3610R050.DLT), which was tabled:

Amend the Finance Committee Report, as and if amended, Division III, Section 3, Page 66, Line 39, by adding a new 14D proviso to be appropriately numbered to read:

/ 14D. The Budget Division in consultation with the Senate Finance Committee and the House Ways and Means Committee must provide the Office of Legislative Printing and Information Technology Resources (LPITR) the necessary information in the medium required by LPITR to print the Annual General Appropriation Act in such form so as to display the detailed appropriation authorizations, by agency, in conformity with the number and structure of agencies or successor agencies as delineated in H.3546 of 1993 as enacted. /

Amend title to conform.

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

Point of Order

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

Senators THOMAS, PASSAILAIGUE and BRYAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator McCONNELL argued contra to the adoption of the amendment.

Senator McCONNELL moved to lay the amendment on the table.

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

Ayes 22; Nays 17

AYES

Bryan Elliott Ford
Glover Holland Jackson
Land Leventis Macaulay
Matthews McConnell Mitchell
Moore Passailaigue Patterson
Rankin Reese Saleeby
Short Smith, G. Stilwell
Washington

TOTAL--22

NAYS

Cork Courson Giese
Gregory Hayes Leatherman
Martin McGill Mescher
O'Dell Peeler Richter
Russell Ryberg Thomas
Waldrep Wilson

TOTAL--17

The amendment was laid on the table.

Senator DRUMMOND, with unanimous consent, spoke on Amendment No. 78.

Amendment No. 56A

Senator J. VERNE SMITH proposed the following Amendment No. 56A (3610R060.JVS), which was adopted:

Amend the Finance Committee Report, as and if amended, Division III, Section 3, Proviso 14G.22, page 68, by striking line 44 in its entirety and inserting therein the following:

/ Review Committee, provided that no such gifts shall be made or accepted if such gifts are offered with the intent of influencing the judgment of any governmental body. No other approvals or procedural./

Amend title to conform.

Senator J. VERNE SMITH explained the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 13

Senator PASSAILAIGUE proposed the following Amendment No. 13 (3610R014.ELP), which was tabled:

Amend the Finance Committee Report, as and if amended, Division III, Section 3, Page 74, Proviso 14P.5., by striking the provision and inserting a new 14P.5. to read as follows:

/ 14P.5. (Retirement Incentive) Pursuant to Section 59-103-15, any governing body, state agency, school district or political subdivision participating in the South Carolina Retirement System or the Police Officers Retirement System may elect to offer a one-time lump sum payment of 25% of the employee's budgeted base salary not to exceed $7,500 at the time of retirement. The governing body, state agency, school district or political subdivision must adopt a resolution wherein the employer agrees to be liable for funding any costs associated with the retirement incentive. Eligible employees must make a voluntary but irrevocable election no earlier than August 1, 1993 and no later than November 1, 1993 to retire from their permanent positions. The date of retirement can be no later than July 1, 1994. The lump sum payment must be made by the end of the fiscal year quarter following the fiscal year quarter during which the employee retires. Employees who occupy slotted positions and who meet one of the following criteria are eligible for the one-time lump sum incentive: 1) have established or will have established 30 years of service credit with the South Carolina Retirement System or have attained or will have attained the age of 65; 2) have established or will have established 25 years of service credit or is age or will be age 55 with 5 years of credited service with the Police Officers Retirement System; 3) have attained age 60 (reduced 5% penalty for each year of age under 65); 4) have attained age 55 and have established or will have established 25 years of service credit with the South Carolina Retirement System (reduced 4% for each year of service under 30). All savings derived from the retirement incentive may be retained and carried forward by the governing body, state agency, school district or political subdivision. The bonus shall not be included in the average final compensation for purposes of calculating the amount of the retirement annuity with the South Carolina Retirement System. Any eligible person who is employed under contract and who makes the voluntary retirement decision during the election period and who subsequently breaks the contract in order to retire shall become ineligible for the retirement incentive payment. All employers participating in the retirement incentive program must report the costs and savings associated with the program for a time period and in a format specified by the Budget and Control Board. Any employer electing to fill a position vacated by a person retiring and receiving the lump sum payment under the provisions of this section, may hire a new or replacement employee at a beginning annual salary not to exceed 25% of the minimum pay of the range established for the position./

Amend title to conform.

Senators PASSAILAIGUE and THOMAS 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 "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 33; Nays 10

AYES

Bryan Courson Courtney
Drummond Elliott Ford
Glover Hayes Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McGill
Mescher Mitchell Moore
O'Dell Patterson Rankin
Ryberg Saleeby Setzler
Short Smith, J.V. Stilwell
Waldrep Washington Wilson

TOTAL--33

NAYS

Cork Gregory McConnell
Passailaigue Peeler Reese
Richter Russell Smith, G.
Thomas

TOTAL--10

The amendment was laid on the table.

Amendment No. 82

Senator McCONNELL proposed the following Amendment No. 82 (003.DLR), which was tabled:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3, Proviso 28.78, page 77, by striking the proviso in its entirety.

Amend sections, totals and title to conform.

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

Senator SETZLER moved to lay the amendment on the table.

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

Ayes 29; Nays 11

AYES

Courtney Drummond Elliott
Ford Glover Hayes
Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McGill
Mitchell Moore O'Dell
Patterson Rankin Russell
Saleeby Setzler Short
Smith, G. Smith, J.V. Stilwell
Waldrep Washington

TOTAL--29

NAYS

Bryan Cork Gregory
Holland McConnell Mescher
Passailaigue Peeler Reese
Richter Ryberg

TOTAL--11

The amendment was laid on the table.

Amendment No. 67A

Senator SETZLER proposed the following Amendment No. 67A (L:\S-EDUC\LEGIS\AMEND\SBD.9), which was tabled:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3, Proviso 28.83, page 78, line 33, by striking / $39,392,568 / and inserting therein / $39,942,568 / and page 78, line 38, by striking / $28,528,899 and inserting therein / $29,078,899/.

Amend sections, totals and title to conform.

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

Senator LAND moved to lay the amendment on the table.

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

Ayes 24; Nays 18

AYES

Cork Elliott Ford
Glover Gregory Hayes
Holland Jackson Land
Matthews McConnell McGill
Mescher Mitchell Passailaigue
Patterson Rankin Richter
Ryberg Saleeby Short
Smith, G. Waldrep Washington

TOTAL--24

NAYS

Bryan Courson Courtney
Drummond Lander Leatherman
Leventis Macaulay Martin
O'Dell Peeler Reese
Russell Setzler Smith, J.V.
Stilwell Thomas Wilson

TOTAL--18

The amendment was laid on the table.

Amendment No. 86A

Senators SALEEBY and SETZLER proposed the following Amendment No. 86A (3610R062.EES), which was adopted:

Amend the Finance Committee Report, as and if amended, Division III, Section 3, Proviso 28.83, page 79, line 6, by inserting a new item after line 7 to read as follows:

/ 5. $90,000 General Fund - Governor's School for Science and Math. /

Amend title to conform.

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

Senator SALEEBY moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 48

Senator SETZLER proposed the following Amendment No. 48 (EMS.1), which was adopted:

Amend the bill, as and if amended, DIVISION III, Section 3, Proviso 28.85, page 79, line 37 through 41, by striking

/ shall establish a unit for the implementation and management of Medicaid which is staffed by no fewer than four full-time contract employees having Medicaid as their only assignment, including /

and inserting therein

/ shall contract for the implementation and management of Medicaid to include /.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 73

Senator LEVENTIS proposed the following Amendment No. 73 (0013.MKT), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3, Proviso 75.9, page 86, line 13, after Crime Victims Fund, by inserting therein / and 22.0 FTEs /.

Amend further on page 86, line 13, by striking / is hereby / and inserting / are hereby/

Amend sections, totals and title to conform.

Senator LEVENTIS explained the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 38

Senator DRUMMOND proposed the following Amendment No. 38 (JIC\6013HC.93), which was adopted:

Amend the report, as and if amended, DIVISION III, SECTION 3, page 91, by striking paragraph 129.71 and inserting:

/129.71. (A) As much as may be needed of general fund operating surplus for fiscal year 1992-93 must be transferred to restore fully the General Reserve Fund before the close of fiscal month thirteen of the 1992-93 fiscal year.

(B) If any fiscal year 1992-93 general fund operating surplus remains after the restoration provided in subsection (A), the following sums are appropriated from surplus in order of priority with any priority not fully funded receiving whatever partial funding that may be available:

(1) the first $4,000,000 to the Department of Corrections;

(2) the next $12,000,000 split evenly between the Department of Corrections and the Commission on Higher Education for formula distribution to the institutions of higher education;

(3) the next $24,000,000 to the Commission on Higher Education for formula distribution to the institutions of higher education;

(4) the next $1,500,000 to Educational Television for a transponder./

Renumber sections to conform.

Amend totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 8

Senator PASSAILAIGUE proposed the following Amendment No. 8 (3610R007.ELP), which was adopted:

Amend the Finance Committee Report, as and if amended, Division III, Section 3, page 91, Proviso 129.72 by striking the proviso in its entirety and inserting a new proviso to read as follows:

/ 129.72 Notwithstanding any other requirements, mandates or other provisions of law or of this act to the contrary, during fiscal year 1993-94 no agency shall provide the General Assembly with a hard copy of any publication, report or other document required to be provided to the General Assembly. Any such transmission shall be made by electronic medium in such format and form and in accordance with such technical standards as may be established by the Office of Legislative Printing and Information Technology Resources (LPITR). LPITR shall make any such information transmitted available through its network except for those documents or portions of documents it deems necessary or more efficient to produce in hard copy form. /

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 52

Senator DRUMMOND proposed the following Amendment No. 52 (0009.MKT), which was adopted:

Amend the Senate Finance Committee Report, as and if amended, DIVISION III, Section 3, Proviso 129.75, page 93, line 41, by striking / -34.5 State / and inserting therein / -9.5 State /.

Amend further on page 93, line 42 by striking/ +34.5 Other / and inserting / +9.5 Other /.

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

H. 3610--Read the Second time with Notice of

General Amendments on Third Reading

On motion of Senator DRUMMOND, with unanimous consent, H. 3610, the General Appropriations Bill, was given second reading with notice of general amendments on third reading, carrying over the committee amendment and all amendments to third reading.

ADJOURNMENT

At 6:06 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 10:00 A.M.

* * *


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