South Carolina General Assembly
109th Session, 1991-1992
Journal of the Senate

Tuesday, April 30, 1991

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear the Word from the Book of Exodus, Chapter 33 (vv. 21-23 NIV):

"Then the Lord said, `There is a place

near Me where you may stand on a rock.

When My glory passes by, I will cover

you with my hand until I have passed

by. Then I will remove My hand and you

will see My back; but My face must not

be seen.'"
Let us pray.

Good Lord, we know what Moses meant when he said, "If Thy presence will not go with me, do not carry us up from here."

We are still in the shadow of Sinai. We are still wandering in the wilderness. We beseech the assurance of Your presence (Your Shekinah)... and Your enabling strength... as we face our duties and confront our world... today... in the Name of the God of Moses.

Amen.

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

INVITATION RECEIVED

SOUTH CAROLINA DEPARTMENT OF PARKS,

RECREATION & TOURISM

April 26, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

In recognition of National Tourism Week, I would like to invite you and your colleagues to join me and other tourism industry leaders for a morning reception in the State House, Lower Lobby, on Thursday, May 9, 1991, from 9:30 A.M. until 11:00 A.M. Please come by and visit with us and meet the 1990 South Carolina Hospitality Employee of the Year, Mr. Tyron Gadson of Santee.

We look forward to seeing you.

Sincerely,
Fred P. Brinkman

Referred to the Committee on Invitations.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 1392
Promulgated By Department of Social Services
Consent for Abortion on Minors
Received By Lt. Governor April 30, 1991
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 28, 1991

Doctor Of The Day

Senator STILWELL introduced Dr. Donald Gregg of Greenville, S.C., Doctor of the Day.

Point Of Personal Privilege

Senator PATTERSON rose to a Point of Personal Privilege.

Message From The House

Columbia, S. C., April 30, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 761 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976 RELATING TO THE RESIDENCY REQUIREMENT FOR A HUNTING OR FISHING LICENSE, SO AS TO ESTABLISH A ONE HUNDRED EIGHTY DAY RESIDENCY REQUIREMENT FOR A LIFETIME LICENSE AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCE

S. 930 -- Senator Helmly: A CONCURRENT RESOLUTION TO RECOGNIZE THE EMPLOYEES AT AMOCO CHEMICAL COMPANY'S COOPER RIVER PLANT IN BERKELEY COUNTY UPON EARNING THE PRESIDENT'S ANNUAL SAFETY AWARD FOR THE BEST OVERALL SAFETY PERFORMANCE OF ALL COMPANY LOCATIONS FOR THE SECOND CONSECUTIVE YEAR.

Returned with concurrence.

Received as information.

S. 943 -- Senators Courson, Patterson, Lourie, Giese, Setzler, Wilson and Shealy: A CONCURRENT RESOLUTION TO HONOR THE UNITED STATES MARINE CORPS RESERVES OF DELTA COMPANY, 8TH BATTALION WHO LED THE FIRST ATTACK AGAINST THE IRAQI AGGRESSORS AND VALIANTLY CRUSHED AND OVERWHELMED THE HEAVILY ENTRENCHED OPPOSING FORCES DURING OPERATION DESERT STORM.

Returned with concurrence.

Received as information.

HOUSE AMENDMENTS AMENDED,

RETURNED TO THE HOUSE

S. 761 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENCY REQUIREMENT FOR A HUNTING OR FISHING LICENSE, SO AS TO ESTABLISH A ONE HUNDRED EIGHTY DAY RESIDENCY REQUIREMENT FOR A LIFETIME LICENSE AND TO PROVIDE A PENALTY FOR VIOLATIONS.

The House returned the Bill with amendments.

Senator DRUMMOND proposed the following amendment (N05\7527.BD), which was adopted:

Amend the bill, as and if amended, by striking SECTION 3 and inserting:

/SECTION 3. This act takes effect upon approval by the Governor, except the amendment to Section 50-9-500 of the 1976 Code in Section 2 takes effect July 1, 1992./

Amend title to conform.

Senators DRUMMOND and LEATHERMAN proposed the following amendment (N05\7535.BD), which was adopted:

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

/SECTION __. Section 50-13-1760 of the 1976 Code is amended to read:

"Section 50-13-1760. (A) It shall be is illegal to sell any white perch (Marone Americana) caught in this State. Only those fish imported into the State from another state may be sold, and an invoice showing the origin and the number or poundage shall must accompany the transporting vehicle and such. The invoice shall must be retained at the market or place of retail sale.

(B) Only fresh fish on ice with an invoice not over two weeks old shall may be sold lawfully sold. Frozen fish may must not be sold. White perch may be sold only during the period of January first through May thirty-first.

(C) If a shipment of fish or portion of a shipment is sold to another dealer within a state, a copy of the original invoice shall must accompany the fish during the transportation and at the market place. In addition a new bill of sale shall must accompany the fish showing them as a portion of the fish bought under the original sale from out-of-state with the original invoice number included.

(D) Any A person violating the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than two hundred dollars or imprisoned for not more than thirty days."/

Renumber sections to conform.

Amend title to conform.

There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 944 -- Senators Wilson, Stilwell, Giese, Martschink, Courson, McConnell, Russell, Peeler, Shealy, Rose and Thomas: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE LEE ATWATER OF COLUMBIA.

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

S. 945 -- Senator Rose: A BILL TO AMEND SECTION 44-23-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR HAVING SEXUAL INTERCOURSE WITH A PATIENT IN A STATE MENTAL HEALTH FACILITY, SO AS TO HAVE THE PENALTY APPLY IF THE PATIENT IS IN A STATE MENTAL RETARDATION FACILITY AND TO INCLUDE THE PENALTY FOR COMMITTING SODOMY ON SUCH PATIENTS.

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

S. 946 -- Senators J. Verne Smith, McConnell and Saleeby: A BILL TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, SO AS TO CHANGE THE REFERENCES TO ALCOHOLIC BEVERAGES TO REGULATED BEVERAGES, REVISE DEFINITIONS AND REQUIREMENTS PERTAINING TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, THE ALCOHOLIC BEVERAGE CONTROL ACT, LICENSES AND PERMITS, THE TRANSPORTATION, POSSESSION, CONSUMPTION, SALE, MANUFACTURE, AND IMPORTATION OF REGULATED BEVERAGES, OFFENSES, AND PENALTIES, AND DELETE OBSOLETE LANGUAGE; AND TO REPEAL ARTICLE 11, CHAPTER 21, TITLE 12, RELATING TO PRODUCERS AND WHOLESALERS OF BEER AND WINE.

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

S. 947 -- Senator Setzler: A BILL TO AMEND THE 1976 CODE BY ADDING ARTICLE 38 TO CHAPTER 5 OF TITLE 56 RELATING TO INSPECTION OF REBUILT MOTOR VEHICLES AND REGISTRATION OF PERSONS THAT REBUILD MOTOR VEHICLES.

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

S. 948 -- Senators Williams and Matthews: A BILL TO AUTHORIZE EACH SCHOOL DISTRICT OF ORANGEBURG COUNTY, AT THE DISCRETION OF THE SCHOOL DISTRICT'S BOARD OF TRUSTEES, TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

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

S. 949 -- Senators J. Verne Smith and Stilwell: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO REDEFINE THE BOUNDARIES OF PRECINCT 56, PLEASANT GROVE, AND PROVIDE FOR A NEW POLLING PLACE FOR THAT PRECINCT, AND TO ESTABLISH A NEW PRECINCT, NAMELY, 56A, RIVERSIDE, AND PROVIDE FOR ITS POLLING PLACE.

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

S. 950 -- Senators Martschink, McConnell, Fielding, Passailaigue and Washington: A CONCURRENT RESOLUTION TO CONGRATULATE FRAN S. HAWK OF CHARLESTON UPON RECEIVING A PRESIDENTIAL CITATION FOR SERVICE AWARD DURING THE LOWCOUNTRY VOLUNTEER OF THE YEAR AWARDS CEREMONY SPONSORED BY THE TRIDENT UNITED WAY.

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

H. 3955 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE MR. H. MORRISON DAVIS FOR HIS MANY YEARS OF DEDICATED SERVICE AS A TRUSTEE ON THE BOARD OF SANTEE ELECTRIC COOPERATIVE, INC.

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

H. 3956 -- Rep. Phillips: A CONCURRENT RESOLUTION TO COMMEND MRS. LEOTA S. LITTLEJOHN OF GAFFNEY FOR HER DISTINGUISHED SERVICE AS CHEROKEE COUNTY EXTENSION DIRECTOR UPON HER RETIREMENT.

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

H. 3958 -- Reps. Beasley, Beatty, Jennings and D. Martin: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA ATTORNEYS WHO HAVE WORKED WITH SOUTH CAROLINA LEGAL SERVICES AGENCIES OR THE SOUTH CAROLINA BAR PRO BONO PROGRAM, OR BOTH, WHICH PROVIDE FREE LEGAL ASSISTANCE TO THE STATE'S INDIGENT POPULATION AND PROVIDE ACCESS TO JUSTICE FOR THOSE WHO WOULD OTHERWISE GO UNREPRESENTED.

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

H. 3965 -- Reps. McElveen, McLeod, G. Brown and Baxley: A CONCURRENT RESOLUTION TO RECOGNIZE LIEUTENANT GENERAL CHARLES A. HORNER, COMMANDER OF THE NINTH AIR FORCE, HEADQUARTERED AT SHAW AIR FORCE BASE, FOR HIS BRAVERY AND SERVICE WITH DISTINCTION IN OPERATION DESERT STORM AND TO INVITE HIM TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT A CONVENIENT TIME AND DATE.

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

REPORT OF STANDING COMMITTEE

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

An invitation from S.C. Commission on Aging to attend a Reception in the 1st floor lobby of the State House on Wednesday, May 8, 1991, upon adjournment, until about 2:00 P.M.

The invitation was accepted.

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

ORDERED ENROLLED FOR RATIFICATION

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

H. 3855 -- Rep. Jaskwhich: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO POST SIGNS RESTRICTING TRUCK TRAFFIC ON STATE HIGHWAY SYSTEM ROAD S492 BETWEEN HAYWOOD ROAD, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 385 IN GREENVILLE COUNTY.

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

H. 3368 -- Reps. Fair, Sharpe, Rama, J. Bailey, Huff, Cork, Wells, Quinn, Harvin, Haskins, Jaskwhich, Holt, Wright, Neilson, Littlejohn, Fulmer, G. Bailey, Phillips, Gonzales, Vaughn, Burriss, H. Brown, Koon, M. Martin, McGinnis, McCain, Bruce and Marchbanks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-410 SO AS TO CREATE THE CRIME OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR FOR POSSESSION OF MATERIAL THAT CONTAINS A VISUAL REPRESENTATION OF A MINOR ENGAGED IN SEXUAL ACTIVITY AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-15-375 OF THE 1976 CODE, RELATING TO DEFINITIONS APPLICABLE TO SECTIONS 16-15-385 THROUGH 16-15-425, SO AS TO INCLUDE SECTION 16-15-410.

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

H. 3274 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-260 SO AS TO PROVIDE FOR THE COLLECTION OF DELINQUENT STATE TAXES BY SETTING OFF DELINQUENT TAXES AGAINST AMOUNTS DUE THE TAXPAYER FOR PROVIDING GOODS AND SERVICES TO THE STATE, TO PROVIDE THAT THE SOUTH CAROLINA TAX COMMISSION SHALL PROVIDE APPROPRIATE INFORMATION TO THE COMPTROLLER GENERAL FOR THE PURPOSE OF MAKING SETOFFS, TO REQUIRE AMOUNTS SET OFF TO BE REMITTED TO THE COMMISSION, TO PROVIDE FOR WRITTEN NOTICES OF THE SETOFF TO THE TAXPAYERS, AND TO PROVIDE FOR REVIEW OF SETOFFS BY THE COMMISSION.

H. 3449 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 40-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE TO REGULATE THE PRACTICE OF FUNERAL SERVICE AND TO REQUIRE CONTINUING EDUCATION FOR LICENSEES, SO AS TO EXEMPT FROM THE CONTINUING EDUCATION REQUIREMENT PERSONS LICENSED TWENTY OR MORE YEARS, TO DELETE SURPLUS LANGUAGE, AND TO EXEMPT ALL LICENSEES FROM THE CONTINUING EDUCATION REQUIREMENT UNTIL THE BOARD OFFERS CORRESPONDENCE CONTINUING EDUCATION COURSES.

H. 3548 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-45 SO AS TO PROVIDE THAT A MANUFACTURER'S TRAINING CERTIFICATE IS NOT REQUIRED BEFORE A FIRE EQUIPMENT PERMIT MAY BE ISSUED BY THE STATE FIRE MARSHAL.

THIRD READING BILLS

The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:

S. 789 -- Senator Bryan: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS GRANTED TO COUNTIES, SO AS TO REVISE AND REAUTHORIZE THE METHOD BY WHICH A SPECIAL TAX DISTRICT IS CREATED.

S. 237 -- Senator Martschink: A BILL TO AMEND SECTION 5-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL JURISDICTION OF COASTAL MUNICIPALITIES OVER PIERS AND OTHER STRUCTURES AND WATERS OF THE OCEAN WITHIN ONE MILE OF THE STRAND WITHIN THE CORPORATE LIMITS, SO AS TO PROVIDE THAT A COASTAL MUNICIPALITY HAS CRIMINAL JURISDICTION OVER THE WATERS OF THE OCEAN AND INLETS.

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

S. 274 -- Senator Mullinax: A BILL TO AMEND SECTION 43-5-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORK REGISTRATION REQUIREMENTS UNDER PUBLIC AID ASSISTANCE PROGRAMS, SO AS TO REVISE CERTAIN EXCEPTIONS TO THESE WORK REGISTRATION REQUIREMENTS; AND TO AMEND SECTION 43-5-550, RELATING TO A STATE PLAN FOR THE DESIGN, IMPLEMENTATION, AND OPERATION OF A WORK SUPPORT SERVICES DELIVERY SYSTEM, SO AS TO FURTHER PROVIDE FOR INDIVIDUAL EMPLOYABILITY PLANS WHICH MUST BE WRITTEN RESPONDING TO THE NEEDS OF EACH CLIENT.

Senator MULLINAX explained the Bill.

S. 286 -- Senator Mullinax: A BILL TO AMEND SECTION 43-5-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A STATEWIDE PLAN ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THE DESIGN, IMPLEMENTATION, AND OPERATION OF A WORK SUPPORT SERVICES DELIVERY SYSTEM, SO AS TO FURTHER DEFINE REQUIRED SUPPORT SERVICES WHICH MUST BE PROVIDED WHEN PRESCRIBED IN THE INDIVIDUAL EMPLOYMENT PLAN OF A CLIENT.

S. 818 -- Senator Bryan: A BILL TO AMEND SECTION 1-11-350, CODE OF LAWS OF SOUTH CAROLINA,1976, RELATING TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO REQUIRE AUDITS OF THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND OTHER AGENCIES EVERY FIVE YEARS RATHER THAN EVERY THREE YEARS.

Amended And Read

S. 40 -- Senator Rose: A BILL TO AMEND TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-55 SO AS TO PROVIDE THAT THE STATE COMMISSIONER OF SOCIAL SERVICES IS EMPOWERED AND DIRECTED TO REDISTRIBUTE ANNUALLY EMPLOYEES ADMINISTERING MANDATED SERVICES AMONG THE COUNTIES ACCORDING TO THE RESPECTIVE COUNTY'S POPULATION AND CASE LOAD.

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

Senator ROSE proposed the following amendment (RES40.001), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting language and inserting the following:

/SECTION 1. Title 43 of the 1976 Code is amended by adding:

"Section 43-1-55. (A) As used in this section, mandated services are child protective services, adult protective services, foster care services, licensing of substitute care and day care facilities, information and referral, interstate compact, and case management for social services block grant services.

(B) The State Commissioner is empowered to redistribute annually among the counties of the State full-time positions administering mandated human services, so as to achieve in each county, to the extent practicable, a number of positions proportionate to the case load of the county. These full-time positions are to be reallocated as vacancies or as employees in these positions agree to transfer. Before a redistribution occurs, the proposed change must be reported by the commissioner to the county legislative delegation of that county with a written justification therefor."

SECTION 2. This act takes effect upon approval by the Governor./

Senator ROSE explained the amendment.

Senator ROSE moved that the amendment be adopted.

The amendment was adopted.

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

THIRD READING RECONSIDERED,

AMENDED AND READ

S. 265 -- Senator Mullinax: A BILL TO AMEND SECTION 12-37-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VALUATION OF PROPERTY FOR TAXATION AND THE DEPRECIATION ALLOWANCES FOR A MANUFACTURER'S MACHINERY AND EQUIPMENT, SO AS TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH AN ADJUSTMENT MAY BE MADE IN THE ALLOWANCE IN THE YEAR OF ACQUISITION.

By prior motion of Senator DRUMMOND, with unanimous consent, the Bill was read the third time.

On motion of Senator DRUMMOND, with unanimous consent, third reading of the Bill was reconsidered.

Senators MULLINAX and BRYAN proposed the following amendment (N05\7540.BD), which was adopted:

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

/SECTION 1. Section 12-37-930 of the 1976 Code is amended by adding at the end:

"Notwithstanding this section, an adjustment must be made in the percentage allowance for depreciation of the property, including property of a corporation if the stock of the corporation is acquired in one purchase transaction by a buyer, for the year of acquisition if:

(1) The tangible personal property value as depreciated for property tax purposes is overstated by seventy-five percent or more on account of extraordinary obsolescence.

(2) Within thirty days after the date of acquisition, or within thirty days after this paragraph becomes law, whichever is later, the buyer, or if a stock purchase, the owner, files a new property tax return which includes the gross capitalized cost at the values to be used in the buyer's income tax return or to be used by the owner for financial accounting purposes.

Notwithstanding this section, a corporation which acquired eight or more existing textile manufacturing facilities in South Carolina which employed at the time of acquisition a total of 3,500 or more employees may elect to maintain the tax basis for personal property of the acquired textile manufacturing facilities. This section also applies to wholly-owned subsidiaries of the corporation which may have acquired any of the eight textile manufacturing facilities from the corporation in a tax free transaction pursuant to Section 351 of the Internal Revenue Code of 1986, as amended."

SECTION 2. No tax refund may be paid for a tax year before 1991 pursuant to the amendment to Section 12-37-930 in Section 1 of this act.

SECTION 3. Upon approval by the Governor, the amendment to Section 12-37-930, in Section 1 of this act, is effective with respect to acquisitions after May 1, 1988./

Amend title to conform.

Senator MULLINAX explained the amendment.

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

SECOND READING BILL

The following Bill having been read the second time was passed and ordered to a third reading:

S. 942 -- Senator Russell: A BILL TO AMEND ACT 345 OF 1965, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE CIVIL SERVICE SYSTEM FOR THE CITY OF SPARTANBURG, SO AS TO PROVIDE THAT APPLICANTS FOR ENTRY LEVEL POSITIONS ARE EXEMPT FROM THE RESIDENCY REQUIREMENT AND THE REQUIREMENT TO BE AN ELECTOR OF SPARTANBURG COUNTY, TO PROVIDE THAT APPLICANTS MUST BE NOT LESS THAN EIGHTEEN YEARS OF AGE RATHER THAN NOT LESS THAN TWENTY-ONE YEARS OF AGE, AND TO DELETE THE REQUIREMENT THAT AN APPLICANT MAY NOT BE MORE THAN THIRTY-FIVE YEARS OF AGE.

Ordered To A Third Reading

On motion of Senator RUSSELL, S. 942 was ordered to receive a third reading on Wednesday, May 1, 1991.

OBJECTION

S. 571 -- Senator Drummond: A BILL TO AMEND SECTION 12-27-1270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO PROVIDE FOR THE ACCOUNT TO BE REPLENISHED BASED ON FUNDS OBLIGATED OR COMMITTED BY THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT IN THE PREVIOUS YEAR, DELETE THE LIMITATION ON THE AMOUNT OF THE ACCOUNT, AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 13-3-20, RELATING TO THE OBJECTIVES OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE REFERENCE TO A STATEWIDE PLANNING PROGRAM; TO AMEND SECTION 13-3-90, RELATING TO THE DUTIES AND POWERS OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE PROVISION FOR A MASTER PLAN FOR AGENCIES TO CONSIDER CERTAIN STATE NEEDS AND DELETE THE REFERENCE TO A STATE PLANNING PROGRAM; TO AMEND SECTION 41-45-20, RELATING TO MEETINGS AND DUTIES OF THE COUNCIL, SO AS TO PROVIDE FOR AND DEFINE A STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT AND REVISE DUTIES PERTAINING TO THE PLAN AND COORDINATION OF ACTIVITIES; TO AMEND SECTION 41-45-30, RELATING TO REPORTS BY THE COUNCIL, SO AS TO INCLUDE REPORTS TO THE CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AND REQUIRE REPORTS ON THE ACCOUNT; TO AMEND SECTION 41-45-40, RELATING TO COUNCIL RECOMMENDATIONS, SO AS TO INCLUDE THE OBJECTIVES OF THE STRATEGIC PLAN, DELETE THE PROVISION FOR REFERRALS BY THE GENERAL ASSEMBLY AND STATE AGENCIES, AND REVISE THE RECOMMENDATIONS CONCERNING AGENCY REQUESTS FOR ECONOMIC DEVELOPMENT APPROPRIATIONS; TO AMEND SECTION 41-45-50, RELATING TO COUNCIL FUNDS, COMMITTEES, AND DATA, SO AS TO REVISE THE DUTIES OF THE COMMITTEES; AND TO REAUTHORIZE THE EXISTENCE OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FOR SIX YEARS.

Senator LEATHERMAN asked unanimous consent to take the Bill up for immediate consideration.

Senator MITCHELL objected to further consideration of the Bill.

CARRIED OVER

H. 3269 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, 12-36-2560, AND 12-36-2650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS.

On motion of Senator McCONNELL, the Bill was carried over.

H. 3277 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-36-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALE" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT THE DEFINITION INCLUDES THE SALE OF FOOD PRODUCTS, OTHER THAN SOFT DRINKS IN CLOSED CONTAINERS, TO VENDERS WHO SELL THE PRODUCTS THROUGH VENDING MACHINES, AND TO PROVIDE THAT THESE VENDERS ARE DEEMED TO BE THE USERS OR CONSUMERS OF THE PRODUCTS; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT PORTIONS OF THE STANDARD INDUSTRIAL CLASSIFICATION MANUAL MUST BE USED AS AUTHORITY IN DETERMINING QUALIFICATIONS FOR THE EXEMPTION OF MACHINERY USED IN MANUFACTURING.

On motion of Senator McCONNELL, the Bill was carried over.

H. 3270 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE LANGUAGE MAKING THE FISCAL YEAR A CALENDAR YEAR UNLESS ANOTHER YEAR IS ESTABLISHED; TO AMEND SECTION 12-9-390, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE PENALTY PROVISION; TO AMEND THE 1976 CODE BY ADDING SECTION 12-19-165 SO AS TO PROVIDE FOR THE PRORATION OF THE CORPORATE LICENSE FEE FOR RETURNS FOR FEWER THAN TWELVE MONTHS; TO AMEND SECTION 12-54-40, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO PLACE THE PENALTY FOR FAILURE TO WITHHOLD PROPERLY IN THE PROVISION OF THE 1976 CODE DEALING WITH PENALTIES; TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT CORPORATE TAXPAYERS NOTIFY THE TAX COMMISSION OF CHANGES IN INCOME AS REPORTED TO THE INTERNAL REVENUE SERVICE, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS; TO AMEND SECTION 33-14-220, RELATING TO THE REQUIREMENTS FOR REINSTATEMENT OF CORPORATE CHARTERS, SO AS TO PROVIDE THAT THE TAX PENALTIES AND INTEREST MUST BE PAID BEFORE REINSTATEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-15-330 SO AS TO PROVIDE A PROCEDURE FOR THE REINSTATEMENT OF CERTIFICATES OF AUTHORITY FOR FOREIGN CORPORATIONS.

On motion of Senator WADDELL, the Bill was carried over.

S. 16 -- Senator Passailaigue: A BILL TO ADOPT THE SOUTH CAROLINA COLLEGIATE ATHLETIC ASSOCIATION PROCEDURES ACT.

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

SENATE ASSEMBLY

Privilege Of The Floor

S. 823 -- Senator Russell: A SENATE RESOLUTION TO GRANT DR. REED TUCKSON, SENIOR VICE PRESIDENT OF THE MARCH OF DIMES AND A SPECIAL GUEST OF THE JUNIOR LEAGUES OF SOUTH CAROLINA, ACCESS TO THE SENATE FLOOR TO ADDRESS THE SENATE BRIEFLY TUESDAY, APRIL 30, 1991.

In accordance with the provisions of S. 823, the Privilege of the Floor was extended to Dr. Reed Tuckson, Senior Vice President of the March of Dimes.

Senator RUSSELL escorted Dr. Tuckson to the podium.

RECESS

At 12:15 P.M., on motion of Senator WADDELL, the Senate receded from business until 2:00 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:06 P.M. and was called to order by the PRESIDENT.

HOUSE CONCURRENCE

S. 944 -- Senators Wilson, Stilwell, Giese, Martschink, Courson, McConnell, Russell, Peeler, Shealy, Rose and Thomas: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE LEE ATWATER OF COLUMBIA.

Returned with concurrence.

Received as information.

S. 952 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO RECOGNIZE LIEUTENANT GENERAL CHARLES A. HORNER, COMMANDER OF THE NINTH AIR FORCE, HEADQUARTERED AT SHAW AIR FORCE BASE, FOR HIS BRAVERY AND SERVICE WITH DISTINCTION IN OPERATION DESERT STORM AND TO INVITE HIM TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT A CONVENIENT TIME AND DATE.

Returned with concurrence.

Received as information.

CONFERENCE COMMITTEE APPOINTED

Message From The House

Columbia, S.C., April 30, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H. 3743 -- Judiciary Committee: A BILL TO ENACT "THE STANDARDS FOR PUBLIC OFFICIALS', PUBLIC MEMBERS', AND PUBLIC EMPLOYEES' CONDUCT ACT OF 1991" SO AS TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE COMMISSION; TO AMEND THE 1976 CODE, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO ENACT "THE SOUTH CAROLINA CAMPAIGN FINANCE ACT"; TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF ETHICS, CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, AND DISCLOSURES OF PUBLIC OFFICIALS, PUBLIC MEMBERS, AND PUBLIC EMPLOYEES; AND TO AMEND SECTIONS 16-9-210 AND 16-9-220, RELATING TO OFFENSES AGAINST PUBLIC JUSTICE, SO AS TO PROVIDE FOR PENALTIES FOR THE GIVING, OFFERING, OR ACCEPTANCE OF BRIBES.
and asks for a Committee of Conference, and has appointed Reps. Wilkins, Hayes and Waites of the Committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators MOORE, STILWELL and WASHINGTON of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE GENERAL APPROPRIATION BILL.

AMENDED, DEBATE INTERRUPTED

H. 3650

GENERAL APPROPRIATION BILL

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

Point Of Order

Senator POPE raised a Point of Order that Proviso 129.60 was out of order inasmuch as the General Assembly had provided in Section 6 of Part III of Act 612 of 1990, that the payment of the Hugo note would be made on September 1, 1991; and following the reasoning in the President's Ruling on a Point of Order raised by Senator McCONNELL on Amendment No. 32, Proviso 129.60 should be ruled out of order.

Senator WADDELL spoke on the Point of Order.

Senator BRYAN spoke on the Point of Order.

Senator POPE spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

Amendment No. 78

Senator LOURIE proposed the following Amendment No. 78 (RES3650.040), which was adopted:

Amend the bill, as and if amended, Part I, Section 3J, Page 28, Line 36 by:

STRIKING: 37,156 37,156

INSERTING: 39,517 39,517

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 73

Senators WILSON and LEVENTIS proposed the following Amendment No. 73 (FIN3650.026), which was adopted:

Amend the bill, as and if amended, Part I, Section 12, Page 81, Proviso , Line , column by:

(X) BY ADDING AN APPROPRIATELY NUMBERED PROVISO TO READ:

/12.5 Notwithstanding other provisions of this Act, as a security measure for the State Military Department's headquarters building and grounds, the Adjutant General may control and contractually lease the headquarters' building parking facilities, during events at the University of South Carolina's Williams-Brice Stadium, to a state chartered and federally recognized 501(c) (4) tax exempt agency employees' association who may then sub-lease individual parking spaces. Such a contract must require the employees' association to obtain liability insurance against wrongful death or injury. The contract must clearly hold the Adjutant General's Office, its officers, and the State of South Carolina harmless from any liability resulting from the use of the parking lot when rented by the employees' association. In addition, the contract must specify that the State of South Carolina's Military Department shall receive no less than thirty-three percent of the gross profits from the sub-leasing of the parking spaces. The contract must allow the State to audit the employees' association's funds. Funds at the Adjutant General's Office derived wholly from the rental of Adjutant General's headquarters' parking lot may be retained at the Adjutant General's Office, but may not be used for employee perquisites.

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 58

Senator POPE proposed the following Amendment No. 58 (RES3650.029), which was adopted:

Amend the bill, as and if amended, Part I, Section 14L, Page 130, Line 18 by:

STRIKING: 3,000,000 3,000,000

Amend the bill further, as and if amended, Part I, Section 14L, Page 130, Line 19, by:

STRIKING: 5,635,380 5,635,380

Amend the bill further, as and if amended, Part I, Section 14L, Page 130, Line 20, by:

INSERTING: 8,635,380 8,635,380

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 74

Senators WILSON and LEVENTIS proposed the following Amendment No. 74 (FIN3650.025), which was adopted:

Amend the bill, as and if amended, Part I, Section 14, Page 143, Proviso 14.13, Lines 39 & 40, right column by:

(X) STRIKING: /Adjutant General,/

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 62

Senator POPE proposed the following Amendment No. 62 (RES3650.031), which was adopted:

Amend the bill, as and if amended, Part I, Section 14, Page 149, Proviso 14.65, Lines 33 through 38, left column by:

(X) STRIKING the proviso in its entirety and inserting the following:

/14.65 Funds appropriated under Section 14L, Local Government Division, "Aid to Entities:" Budget and Control Board Grant Program Funds and EPA Grant Match Funds which are not expended in the prior fiscal year may be carried forward to be expended in the current fiscal year. Of the Grants Funds Appropriated under the Local Government Division, $70,000 may be used for operating costs of the division./

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

Leave Of Absence

On motion of Senator J. VERNE SMITH, Senator LEATHERMAN was granted a leave of absence beginning at 2:30 P.M. for the remainder of the day.

Leave Of Absence

Senator O'DELL requested and was granted a leave of absence from 2:30 P.M. until 3:30 P.M.

Amendment NO. 92

Senators SETZLER and PASSAILAIGUE proposed the following Amendment No. 92 (EDU3650.041), which was adopted:

Amend the bill, as and if amended, Part II, Page 0772:

(X) BY ADDING AN APPROPRIATELY NUMBERED NEW SECTION.

/SECTION __

TO AMEND SECTION 59-21-800 AND SECTION 59-21-810 OF THE 1976 CODE, AS AMENDED, RELATING TO THE TEACHER INCENTIVE PROGRAM, SO AS TO REPEAL THE TEACHER INCENTIVE PROGRAM AND TO ESTABLISH THE CAMPUS INCENTIVE PROGRAM.
A. Section 59-21-800 of the 1976 Code is amended to read:
"Section 59-21-800. The State Board of Education, in consultation with the Select Committee and the Business-Education Subcommittee, shall cause to be developed and implemented a campus incentive program to reward faculty members who demonstrate superior performance and productivity. Funds for the campus incentive program shall be provided by the General Assembly in the annual general appropriation act."
B. Section 59-21-810 of the 1976 Code is amended to read:
"Section 59-21-810. The campus incentive program must be developed based on the following guidelines:

(1) Exceptional improvement in or the maintenance of superior student performance, with consideration given to rewarding schools which demonstrate exceptional improvement or maintenance of superior performance by all the groups of students at various levels of performance;
(2) The school must have met or surpassed the goals and strategies outlined in its school improvement report;
(3) No faculty member may receive funds under the incentive program unless all the established eligibility criteria are met;
(4) Faculty, for the purposes of this program, includes principals, assistant principals, vocational education directors, special education teachers, kindergarten teachers, classroom teachers, librarian/media specialists, guidance counselors, psychologists, school nurses, aides, and others as determined by the advisory committee;
(5) Consideration must be given to using part of each campus incentive reward for faculty use for school improvement for such activities as research, planning meetings, curriculum development, where faculty are paid for their time and effort, and for allowing faculty to consider such uses of the faculty incentive reward;
(6) No later than August 1, 1991, a campus incentive advisory committee must be appointed to advise on the development and implementation of the program. The advisory committee must be appointed, after receiving nominations, as set forth herein, and shall consist of six at-large members, three appointed by the Governor and three appointed by the State Superintendent of Education, and the following members appointed by the State Board of Education:

one school board member;

two elementary teachers;

two middle or junior high school teachers;

two secondary school teachers;

one elementary school principal;

one middle or junior high school principal;

one secondary school principal;

one district superintendent;

one guidance counselor;

one assistant principal; and

one teacher's aide.
The State Board of Education shall request:

(a) Each statewide professional teacher organization to nominate at least two qualified continuing contract teachers for each teacher position on the committee.

(b) A statewide organization representing administrators (principals and superintendents) to nominate at least two qualified candidates for the administrator positions on the committee.

(c) A statewide organization to nominate at least two qualified candidates for the guidance counselor position on the committee.

(d) A statewide organization representing school boards to nominate at least two qualified candidates for the school board position on the committee.

Each nominating organization shall seek qualified candidates from the entire pool of persons eligible to serve and shall make nominations to the State Board based on merit and without regard to membership in the nominating organization.

It is the intent of the General Assembly that funds for the campus incentive program must be distributed to districts on a per pupil basis but with a minimum amount per faculty member in schools qualifying for the program reward; however, the advisory committee may recommend an alternative distribution method. The per pupil allocation must be based on the 135 day count of average daily membership for the preceding fiscal year.

The State Board of Education, in consultation with the Select Committee and the Business-Education Subcommittee shall develop regulations to ensure that the campus incentive funds are used in an appropriate manner and to establish a procedure for redistributing funds from districts that do not require all of their allocations. The General Assembly shall determine each year in the general appropriation act the amount of campus incentive funds which shall be included in the calculation of the South Carolina average teacher salary.

To enable school faculties to undertake needed work in the area of school improvement and planning, and such activities as research, curriculum development, coordination of courses, and special projects, or other activities the faculty may wish to undertake for improving student performance, development, and learning and coordination of services with other social and health agencies, the General Assembly shall set aside in the annual general appropriation act other campus incentive funds which must be used by the school districts and any interested schools to compensate faculty for their time and effort. The State Board of Education must promulgate guidelines that ensure that the districts of the State utilize these funds in an appropriate manner and to establish a procedure for redistributing funds from districts that do not require all of their allocation."/

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

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

Ayes 37; Nays 0

AYES

Bryan Courson Drummond
Fielding Gilbert Hayes
Hinds Land Leventis
Long Lourie Macaulay
Martschink McConnell McGill
Mitchell Moore Mullinax
O'Dell* Passailaigue Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Waddell Washington Williams
Wilson

TOTAL -- 37

NAYS

TOTAL -- 0

*This Senator was not present in the Chamber at the time the vote was taken and the vote(s) was recorded by leave of the Senate, with unanimous consent.

The amendment was adopted.

Amendment No. 91

Senators SETZLER and PASSAILAIGUE proposed the following Amendment No. 91 (EDU3650.040), which was adopted:

Amend the bill, as and if amended, Part I, Section 28, Page 0358, Line 32 by:

STRIKING: 64,773,140

( ) ( )

INSERTING: 71,773,140

( ) ( )

Amend the bill further, as and if amended, Part I, Section 28, Page 0358, Line 33 by:

STRIKING: 10,872,172

( ) ( )

INSERTING: 12,047,122

( ) ( )

Amend the bill further, as and if amended, Part I, Section 28, Page 0361, Line 2 by:

STRIKING: 25,275,411

( ) ( )

INSERTING: 17,100,461

( ) ( )

Amend the bill further, as and if amended, Part I, Section 28, Page 0387, Proviso 28.143 by:

(X) STRIKING AND INSERTING THE FOLLOWING:

/Of the EIA funds allocated to the Campus Incentive Program, $10,500,000 must be used to reward classroom teachers as defined by Department of Education position codes 03 through 11, 85, 18, 36 through 40 and this amount must be included in the calculation of the South Carolina average teacher salary. Of the remaining funds, $3,462,250 shall be used to reward other faculty members, such as principals, assistant principals, vocational education directors, and aides and $3,138,211 may be used by school districts and any school to compensate faculty for their time and effort in the area of school improvement and planning, and such activities as research, curriculum development, coordination of courses, and special projects, or other activities the faculty may wish to undertake for improving student performance, development, and learning and coordination of services with other social and health agencies./

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

Ayes 36; Nays 1

AYES

Bryan Courson Drummond
Fielding Gilbert Hayes
Hinds Land Leventis
Long Lourie Macaulay
Martschink McConnell McGill
Mitchell Moore Mullinax
O'Dell* Passailaigue Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Shealy Smith, J.V.
Stilwell Thomas Waddell
Washington Williams Wilson

TOTAL -- 36

NAYS

Smith, N.W.

TOTAL -- 1

*This Senator was not present in the chamber at the time the vote was taken and the vote(s) was recorded by leave of the Senate, with unanimous consent.

The amendment was adopted.

Statement By Senator NELL W. SMITH

I support the Senate Finance Education subcommittee amendment to the 1991-92 budget which eliminates the teacher incentive program and replaces it with a campus incentive program with recommended funding of $17.5 million. This program will allow all instructional personnel and schools across the State to apply for funding for many innovative and varied programs which will directly benefit children. I voted in opposition to Amendment No. 91 which removed $8.2 million from the campus incentive model and transferred it to teacher salaries and fringe benefits. In the budget there is included a 2.1% salary increase for teachers and at this time, no salary increase for state employees.

Amendment No. 45A

Senators MOORE and GIESE proposed the following Amendment No. 45A (EDU3650.036), which was adopted:

Amend the bill, as and if amended, Part I, Section 28, Page 0388 , Proviso , Line , column by:

(X) BY ADDING AN APPROPRIATELY NUMBERED PROVISO.

/Provided, however, that the funds appropriated for the higher order thinking and problem solving skills program shall be used solely to train teachers and to acquire teacher training and instructional materials, which are consistent with the definition of higher order thinking and problem solving skills which is defined as the attaining of higher levels of learning and problem solving including knowledge, comprehension, application, analysis, synthesis, evaluation, and the use of these skills by the utilization of instructional techniques not reasonably construed to employ altered states of consciousness by means of spiritually guided imagery or transcendental meditation. It is not the intent of the General Assembly that the instruction in higher order thinking skills promote New Age religion or any other religion, faith, or belief./

Amend sections, totals and title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 67

Senator J. VERNE SMITH proposed the following Amendment No. 67 (FIN3650.027), which was adopted:

Amend the bill, as and if amended, Part I, Section 38A, Page 430, Line 32 by:

STRIKING: 279,882,645

( ) ( )

INSERTING: 242,967,441

( ) ( )

Amend the bill further, as and if amended, Part I, Section 38A, Page 430, Line 35 by:

STRIKING: 240,962,815

( ) ( )

INSERTING: 193,871,484

( ) ( )

Amend the bill further, as and if amended, Part I, Section 38A, Page 430, Line 36 by:

STRIKING: 95,021,758

( ) ( )

INSERTING: 77,843,396

( ) ( )

Amend the bill further, as and if amended, Part I, Section 38A, Page 430, Line 37 by:

STRIKING: 110,138,517

( ) ( )

INSERTING: 94,422,143

( ) ( )

Amend the bill further, as and if amended, Part I, Section 38A, Page 431, Line 3 by:

STRIKING: 48,877,259

( ) ( )

INSERTING: 46,769,253

( ) ( )

Amend sections, totals and 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. 85

Senator MULLINAX proposed the following Amendment No. 85 (RES3650.044), which was tabled:

Amend the bill, as and if amended, Part I, Section 40, Page 467, Proviso 40.3, Line 24, right column by:

(X) ADDING THE FOLLOWING after /1990-91./:

/and up to $500,000 for opening forty-four additional beds at Campbell Nursing Home in FY1991-92./

Amend sections, totals and title to conform.

Senator MULLINAX explained the amendment.

Senator J. VERNE SMITH argued contra to the adoption of the amendment.

Senator J. VERNE SMITH moved to lay the amendment on the table.

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

Ayes 22; Nays 12

AYES

Bryan Courson Hayes
Hinson Leventis Lourie
Martschink McConnell Moore
Passailaigue Patterson Peeler
Rose Russell Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Williams
Wilson

TOTAL -- 22

NAYS

Drummond Gilbert Hinds
Holland Land Long
Macaulay McGill Mullinax
O'Dell Reese Waddell

TOTAL -- 12

The amendment was laid on the table.

Amendment No. 55

The Finance Committee proposed the following Amendment No. 55 (RES3650.018), which was adopted:

Amend the bill, as and if amended, Part I, Section 69, Page 605, Line 5 by:

STRIKING: 377,559 377,559

INSERTING: 383,085 383,085

Amend the bill further, as and if amended, Part I, Section 69, Page 605, Line 11 by:

STRIKING: 55,024 38,145

INSERTING: 49,498 32,619

Amend the bill further, as and if amended, Part I, Section 69, Page 605, Line 22 by:

STRIKING: 3,890,000

INSERTING: 4,390,000

Amend the bill further, as and if amended, Part I, Section 69, Page 605, Line 23 by:

STRIKING: 3,890,000

INSERTING: 4,390,000

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 80

Senators MOORE and DRUMMOND proposed the following Amendment No. 80 (3386.AL), which was adopted:
Amend the bill, as and if amended, Part I, Section 71, Page 610:

(X) BY ADDING AN APPROPRIATELY NUMBERED PROVISO TO READ:

/Provided, however, that the Savannah Valley Authority may use the assets of the Authority designated as CUSIP #912833FK1 in order to carry out its legislatively mandated activities within the area of its jurisdiction, and that the Authority is released from all other commitments related to the disposition of these assets./

Amend sections, totals and title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 81A

Senators MOORE and DRUMMOND proposed the following Amendment No. 81A (3389.AL), which was adopted:

Amend the bill, as and if amended, Part II:

(X) BY ADDING AN APPROPRIATELY NUMBERED SECTION TO READ:

/SECTION __

TO AMEND SECTION 1 OF JOINT RESOLUTION 210 OF 1987, RELATING TO CLARK'S HILL-RUSSELL AUTHORITY NOTES, SO AS TO PROVIDE THAT THE FUNDS AUTHORIZED MAY BE USED BY THE SAVANNAH VALLEY AUTHORITY TO FULFILL ITS LEGISLATIVELY MANDATED ACTIVITIES AND ANY OTHER LAWFUL PURPOSES OF THE AUTHORITY.

Section 1 of Joint Resolution 210 of 1987 is amended by adding at the end:

"The funds authorized by this joint resolution may be used by the Savannah Valley Authority within its area of jurisdiction to fulfill its legislatively mandated activities and for any other lawful purposes of the Authority."/

Amend sections, totals and title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 54

Senator WADDELL proposed the following Amendment No. 54 (RES3650.028), which was adopted:

Amend the bill, as and if amended, Part I, Section 78, Page 632, Lines 5 & 6 by:

STRIKING: 768,804 768,804

(30.00) (30.00)

INSERTING: 888,468 888,468

(35.00) (35.00)

Amend the bill further, as and if amended, Part I, Section 78, Page 633, Lines 22 & 23 by:

STRIKING: 448,691 448,691

(17.00) (17.00)

INSERTING: 329,027 329,027

(12.00) (12.00)

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 113

Senator LOURIE proposed the following Amendment No. 113(CYY\18567.SD), which was adopted:

Amend the bill, as and if amended, Part I, Section 123, page 713, by adding a new paragraph at the end of Section 123 to be appropriately numbered which shall read:

/123.__. The Aeronautics Commission may carry forward into fiscal year 1991-92 an amount not to exceed seventy thousand dollars of unexpended general funds as of June 30, 1991, in addition to those other carry-forwards authorized, to be used for necessary facility repairs./

Amend title to conform.

Senator LOURIE explained the amendment.

Senator LOURIE moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 48

Senator ROSE proposed the following Amendment No. 48 (RES3650.013), which was adopted:

Amend the bill, as and if amended, Part I, Section 124, Page 726, Line 20, right column by:

(X) ADDING THE FOLLOWING:

/124. Twenty thousand dollars of "C" funds allocated to Dorchester County may be expended to improve the appearance of the highway maintenance shed located at the Dorchester Industrial Park./

Amend sections, totals and title to conform.

Senator ROSE explained the amendment.

Senator WADDELL spoke on the amendment.

Senator ROSE moved that the amendment be adopted.

The amendment was adopted.

Leave Of Absence

Senator MOORE requested and was granted at 3:50 P.M. a leave of absence beginning at 4:00 P.M. for the remainder of the day.

Amendment No. 105

Senator PEELER proposed the following Amendment No. 105 (RES3650.042), which was tabled:

Amend the bill, as and if amended, Part I, Section 3A, Page 2, Line 38 by:

STRIKING:

(6.00) (6.00)

INSERTING:

(17.50) (17.50)

Amend the bill further, as and if amended, Part I, Section 3A, Page 3, Line 24 by:

STRIKING: 1,004,338 1,004,338

( ) ( )

INSERTING: 1,365,446 1,365,446

( ) ( )

Amend sections, totals and title to conform.

Senator PEELER explained the amendment.

Senator HINSON moved to lay the amendment on the table.

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

Ayes 6; Nays 28

AYES

Bryan Hinson Holland
Mitchell Reese Smith, J.V.

TOTAL -- 6

NAYS

Courson Fielding Gilbert
Hayes Hinds Land
Leventis Long Lourie
Macaulay Martschink McConnell
McGill Moore Mullinax
Passailaigue Patterson Peeler
Pope Rose Russell
Setzler Shealy Smith, N.W.
Stilwell Waddell Williams
Wilson

TOTAL -- 28

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

Senators LOURIE, BRYAN, MITCHELL, and LONG argued contra to the adoption of the amendment.

Senator BRYAN moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 100

Senator LONG proposed the following Amendment No. 100 (7546.BD), which was tabled:

Amend the bill, as and if amended, Part I, Section 4, Page 44, Line 14 by:

STRIKING: 325,000 325,000

( ) ( )

INSERTING: 375,000 375,000

( ) ( )

Amend further, page 45, by adding an appropriately numbered paragraph to read:

/4.___. Before distributions are made from the funds appropriated in this section for Defense of Indigents, $50,000 must be distributed to the Horry County Public Defender's Office. The distribution in this paragraph is in addition to Horry County's distribution from the remainder of the appropriation./

Amend sections, totals and title to conform.

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

Senator LONG moved that the amendment be adopted.

Senator WADDELL moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 101

Senator LONG proposed the following Amendment No. 101 (7547.BD), which was tabled:

Amend the bill, as and if amended, Part I, Section 4, Page 44, Line 14 by:

STRIKING: 325,000 325,000

( ) ( )

INSERTING: 350,000 350,000

( ) ( )

Amend further, page 45, by adding an appropriately numbered paragraph to read:

/4.___. Before distributions are made from the funds appropriated in this section for Defense of Indigents, $25,000 must be distributed to the Horry County Public Defender's Office. The distribution in this paragraph is in addition to Horry County's distribution from the remainder of the appropriation./

Amend sections, totals and title to conform.

Senator LONG explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

RECESS

At 4:29 P.M., on motion of Senator WADDELL, the Senate receded from business not to exceed five minutes.

At 4:42 P.M., the Senate resumed.

Ruling By The President

The PRESIDENT took up the Point of Order raised by Senator McCONNELL on April 29, 1991, that Amendment No. 32 was out of order inasmuch as it was violative of Section 12-7-437 of the S.C. Code of Laws, 1976, as amended.

The PRESIDENT sustained the Point of Order.

Ruling By The President

The PRESIDENT took up the Point of Order raised by Senator POPE that Proviso 129.60 was out of order inasmuch as the General Assembly had provided in Section 6 of Part III of Act 612 of 1990, that the payment of the Hugo note would be made on September 1, 1991; and following the reasoning in the PRESIDENT's Ruling on a Point of Order raised by Senator McCONNELL on Amendment No. 32, Proviso 129.60 should be ruled out of order.

The PRESIDENT overruled the Point of Order.

Amendment No. 108

Senator POPE proposed the following Amendment No. 108 (RES3650.045), which was adopted:

Amend the bill, as and if amended, Part I, Section 14, Page 150, Proviso 14.81, Lines 2 through 16, right column by:

(X) DELETING THE PROVISO IN ITS ENTIRETY.

Amend sections, totals and title to conform.

Senator POPE explained the amendment.

Senator POPE moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 79

Senator LEATHERMAN proposed the following Amendment No. 79 (EDU3650.042), which was tabled:

Amend the bill, as and if amended, Part I, Section 14, Page 0151:

(X) BY ADDING AN APPROPRIATELY NUMBERED PROVISO TO READ:

/Boards of Trustees and administrations of the state's colleges, universities and technical colleges may use existing appropriations and fee-generated revenue for the purpose of salary raises for unclassified, full-time, teaching, faculty positions for FY 1991-92./

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator WADDELL moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 121

Senator LEATHERMAN proposed the following Amendment No. 121 (RES3650.057), which was tabled:

Amend the bill, as and if amended, Part I, Section 25, Page 341, Proviso 25.1, Line 1, left column by:

(X) ADDING THE FOLLOWING at the beginning of the proviso:

/Third year family practice residents are hereby required to perform a one month rotation at a rural site designated as a health manpower shortage area by the State Health & Human Services Finance Commission./

Amend the bill further, as and if amended, Part I, Section 25, Page 341, Proviso 25.6, Line 10, right column by:

(X) ADDING THE FOLLOWING after the word /program."/:

/The funds for the Rural Physician Recruitment Program shall only be used to fund the Rural Physician Incentive Grant and Student Scholarship Programs, and the cost of administering these two programs. When the Budget and Control Board or the General Assembly reduces funds by a certain percentage, funds for the Rural Physician Recruitment Program shall not be reduced greater than the stipulated percentage./

Amend sections, totals and title to conform.

Senator WADDELL moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 87A

Senators SALEEBY and SETZLER proposed the following Amendment No. 87A (RES3650.051), which was tabled:

Amend the bill, as and if amended, Part I, Section 35, Page 415, Line 30 by:

STRIKING: 245,492 203,179

INSERTING: 277,492 235,179

Amend the bill further, as and if amended, Part I, Section 35, Page 415, Line 35 by:

STRIKING: 65,500 25,000

INSERTING: 85,500 45,000

Amend the bill further, as and if amended, Part I, Section 35, Page 415, after line 31 by:

INSERTING:

Library Technical Asst. I (1.00) (1.00)

Library Technical Asst. II (1.00) (1.00)

Senator SETZLER explained the amendment.

Senator WADDELL moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 122

Senator POPE proposed the following Amendment No. 122 (1638.AC), which was tabled:

Amend the bill, as and if amended, Part I, Section 41, Page 0469, Line 31 by:

STRIKING: 11,186,179 8,298,809

( ) ( )

INSERTING: 10,986,179 8,098,809

( ) ( )

Amend the bill further, as and if amended, Part I, Section 41, Page 0470, Line 18 by:

STRIKING: 12,183,720 5,428,008

( ) ( )

INSERTING: 11,983,720 5,228,008

( ) ( )

Amend the bill further, as and if amended, Part I, Section 41, Page 0472, Line 1 by:

STRIKING: 84,402,899 23,408,129

( ) ( )

INSERTING: 84,802,899 23,808,129

( ) ( )

Amend sections, totals and title to conform.

Senator POPE explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

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

Ayes 27; Nays 9

AYES

Bryan Courson Drummond
Fielding Gilbert Hayes
Hinds Hinson Land
Long Lourie Martschink
Matthews McGill Mitchell
Passailaigue Patterson Russell
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Waddell Washington Wilson

TOTAL -- 27

NAYS

Leventis Macaulay McConnell
Mullinax O'Dell Peeler
Pope Reese Rose

TOTAL -- 9

The amendment was laid on the table.

Amendment No. 97A

Senator LONG proposed the following Amendment No. 97A (RES3650.053), which was tabled:

Amend the bill, as and if amended, Part I, Section 53, Page 527, Lines 5 & 6 by:

STRIKING: 1,306,431 1,045,431

(73.00) (53.00)

INSERTING: 1,831,431 1,570,431

(88.00) (68.00)

Amend sections, totals and title to conform.

Senator LONG explained the amendment.

Senator LONG moved that the amendment be adopted.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 109

Senators LAND and WILSON proposed the following Amendment No. 109 (RES3650.039), which was adopted:

Amend the bill, as and if amended, Part I, Section 75, Page 625, After Line 40 by:

INSERTING:

Deputy Director 32,895

(1.00)

Amend the bill further, as and if amended, Part I, Section 75, Page 625, After Line 40 by:

INSERTING:

Field Representative 21,364

(1.00)

Amend the bill further, as and if amended, Part I, Section 75, Page 625, After Line 40 by:

INSERTING:

Administrative Asst. 20,545

(1.00)

Amend the bill further, as and if amended, Part I, Section 75, Page 626, Line 24 by:

STRIKING: 262,218 262,218

INSERTING: 293,218 262,218

Amend the bill further, as and if amended, Part I, Section 75, Page 626, Line 37 by:

STRIKING: 429,088

INSERTING: 448,749

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 125

Senators PASSAILAIGUE and POPE proposed the following Amendment No. 125 (436\11698.DW), which was adopted:

Amend the bill, as and if amended, Part I, Section 14Q (B & C-Employee Benefits), Page 0140, immediately after line 5 by inserting:
/One-time Employee bonus 9,380,000 9,380,000/

Amend the bill further, as and if amended, Part I, Section 14, Page 0151, by inserting an appropriately numbered paragraph at the end to read:

/14. (A) Notwithstanding the provisions of Section 12-7-437(A) of the 1976 Code, beginning with July 1, 1991, and ending June 30, 1992, a fifteen percent deduction from the South Carolina taxable income of individuals, partnerships (including S corporations), estates, and trusts on net long-term capital gains is allowed.

(B) The revenue derived from the reduction of the long-term capital gain deduction as provided in subsection (A) of this section must be used as follows:

(1) From funds appropriated in this section for one-time employee bonuses, effective on the first pay day after November 30, 1991, each state employee who has been in continuous state service since June 2, 1991, is eligible to receive a one-time, lump-sum payment. Effective on the date of the lump-sum payment, employees must receive $240. This payment is not a part of the employee's base salary and is not earnable compensation for purposes of employer or employee contributions to the respective retirement systems. This appropriation may be used for payments to employees only in the same ratio as the employee's base salary is paid from appropriated sources. Legislative and judicial employees must receive the above one-time, lump-sum payment.

(2) The lump-sum payment to which a state employee, who was employed on June 1, 1991, and who died after June 1, 1991, but before December 1, 1991, would have been entitled under the provisions of item (1) above had he remained in continuous state service until December 1, 1991, must be paid to his estate if open, and to the residual heirs or beneficiaries of his estate if the estate has been closed. The payment required by this section must be made by the State Treasurer upon warrant of the Comptroller General from the state general fund in the manner the Budget and Control Board shall direct within thirty days after the estate, heirs, or beneficiaries notify the Division of Human Resource Management of the Budget and Control Board of the person or entity to whom the payment should be made. The division may require proof of proper inheritance as it considers necessary. Any decision of the division as to whom the proper heirs or beneficiaries are of a deceased state employee if his estate has been closed is final and not appealable in a court of competent jurisdiction./

Amend sections, totals and title to conform.

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

Senator WASHINGTON spoke in favor of the adoption of the amendment.

Senator WADDELL spoke on the amendment.

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

Senator POPE moved that the amendment be adopted.

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

Ayes 25; Nays 14

AYES

Bryan Courson Fielding
*Giese Gilbert Hayes
Land Leventis Long
Lourie Macaulay Matthews
McGill Mitchell Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Saleeby Setzler Smith, N.W.
Washington

TOTAL -- 25

NAYS

Drummond Hinds Hinson
Martschink McConnell Rose
Russell Shealy Smith, J.V.
Stilwell Thomas Waddell
Williams Wilson

TOTAL -- 14

The amendment was adopted.

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

Statement By Senators McCONNELL, J. VERNE SMITH,

THOMAS And ROSE

The Chairman of the Finance Committee has tried to hold the line on tax increases in the bill and explained that he wished to help the state employees but there just wasn't the money. He explained that he had followed a process of airing these matters out in a deliberative subcommittee and committee process and this amendment should have been considered in that process.

While he makes a convincing case on these points, we also find that a tax increase is being pushed through using the emotion of the need of state employees. It is bad business to push tax increases into effect on the appealing premise of funding a particular need. Tax increases should be handled outside of the appropriations bill. You can not have 11th hour maneuvers which do something popular while creating a bad precedent. It pains us to vote no when it could deprive state employees. However, principle requires us to do the difficult thing.

Statement by Senator ROSE

I voted against Amendment No. 125 (436\11698.DW) for all the reasons stated for voting against this amendment in the statement, which I fully endorse, by Senators McCONNELL, J. VERNE SMITH and THOMAS. I also voted against this amendment because (1) it would cause a tax increase of 20% from 5% to 6% on capital gains; (2) this would be accomplished by withdrawing tax benefits scheduled to go into effect by existing law; (3) changing South Carolina's tax structure so erratically and precipitously would interfere with the formation of capital necessary to create jobs and thereby cause more harm than good; (4) only non-federally funded state employees would receive any benefit from the tax increase, thereby discriminating against those state employees not eligible for the benefits in favor of those state employees who are eligible; and (5) this special interest amendment would benefit only one special class and leave out many other deserving people in need. I support state employees, but not in this specific manner under these particular circumstances.

My vote against this amendment is consistent with my vote last year against a salary increase for members of the General Assembly, including myself, and my rejection of the salary increase when it passed into law despite my having voted against it.

Statement by Senator DRUMMOND

My vote against the amendment providing for a one-time bonus for state employees was based on my belief that this is too important of a matter to receive this consideration on third reading of the appropriation bill. The state is faced with several budgetary constraints and state employees deserve more than a last minute effort to address their compensation. The budgetary process allows for several opportunities to consider a well conceived compensation policy and any proposal should be presented and considered at these times. I believe that all state employees should receive equal consideration and if one group receives a pay raise then all state employees who provide equally dedicated service should be treated equally. The one time bonus proposed on third reading of the appropriation bill requiring a change in the tax law to give a meager bonus not built into the employee's base simply does not go far enough and will not begin to address the inequities which we need to address. I intend to work for a meaningful approach to this issue, but I could not in good conscience vote for a last second plan that needs much more consideration and discussion.

Amendment No. 63

Senators LAND and WILSON proposed the following Amendment No. 63 (RES3650.030), which was adopted:

Amend the bill, as and if amended, Part I, Section 75, Page 628, Proviso 75.7, Lines 1 through 3, right column by:

(X) STRIKING all after the word /Fund/ and INSERTING the following in lieu thereof:

/exceed the amount required to operate the State Office of Victims Assistance and pay claims of crime victims the first $650,000 of such excess must be used for Victim/Witness Programs by distribution to Judicial Circuits based on a formula and criteria developed by the Policy Committee, and otherwise subject to requirements of Section 75.4 and 75.6./

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 129B

Senators McCONNELL and PEELER proposed the following Amendment No. 129B (RES3650.063), which was withdrawn:

Amend the bill, as and if amended, Part I, Subsection 3J, beginning on Page 28 by deleting the following items in their entirety:

3J2, 3J5, 3J6, 3J7, 3J8, 3J9, 3J10, 3J11, 3J14, 3J25, 3J28, and 3J29.

Amend sections, totals and title to conform.

Senator PEELER explained the amendment.

Senator PEELER moved that the amendment be adopted.

Senator MITCHELL moved to lay the amendment on the table.

Point Of Order

Senator McCONNELL raised a Point of Order that the motion was out of order inasmuch as the Senator making the motion did not have the floor.

The PRESIDENT sustained the Point of Order.

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

Objection

Senator LAND asked unanimous consent to make a motion that the amendment be amended.

Senator MITCHELL objected.

Senator PEELER argued in favor of the adoption of the amendment and Senator MITCHELL argued contra.

Senator MITCHELL moved to lay the amendment on the table.

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

Ayes 13; Nays 23

AYES

Courson Fielding Hayes
Hinson Land Leventis
Lourie Matthews Mitchell
Patterson Reese Saleeby
Smith, J.V.

TOTAL -- 13

NAYS

Bryan Drummond Hinds
Long Macaulay Martschink
McConnell McGill Mullinax
O'Dell Peeler Pope
Rose Russell Setzler
Shealy Smith, N.W. Stilwell
Thomas Waddell Washington
Williams Wilson

TOTAL -- 23

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

Senator LOURIE argued contra to the adoption of the amendment.

On motion of Senator PEELER, with unanimous consent, the amendment was withdrawn.

Amendment No. 130

Senator SALEEBY proposed the following Amendment No. 130 (RES3650.060), which was adopted:

Amend the bill, as and if amended, Part I, Section 113, Page 696, After Line 17 by:

INSERTING:

Special Investi-

gator II 50,000 50,000

(2.00) (2.00)

Amend the bill further, as and if amended, Part I, Section 113, Page 696, After Line 17 by:

INSERTING:

Special Investi-

gator I 17,500 17,500

(1.00) (1.00)

Amend the bill further, as and if amended, Part I, Section 113, Page 696, Line 37 by:

STRIKING: 137,849 137,849

( ) ( )

INSERTING: 154,481 154,481

( ) ( )

Amend sections, totals and title to conform.

Senator WADDELL explained the amendment.

Senator WADDELL moved that the amendment be adopted.

The amendment was adopted.

Motion Adopted

On motion of Senator WADDELL, with unanimous consent, Part I of H. 3650, the General Appropriation Bill, was closed to any further amendments with the exception of any necessary corrective or balancing amendments.

On motion of Senator WADDELL, debate was interrupted by adjournment.

ADJOURNMENT

At 6:25 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


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