On motion of Senator PASSAILAIGUE, S. 753 was ordered to receive a third reading on Friday, April 28, 1995.
S. 710 -- Senator McConnell: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER AND THE SEPARATE SENTENCING PROCEEDING TO DETERMINE WHETHER THE SENTENCE SHOULD BE DEATH OR LIFE
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0710.002), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 38, in Section 16-3-20(C)(a)(1), as contained in SECTION 1, by striking lines 38 through 41 in their entirety and inserting therein the following:
/(h) physical torture.; or
(i) dismemberment of a person./.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 730 -- Senator Moore: A BILL TO AMEND SECTIONS 40-47-510, 40-47-530, AND 40-47-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE ACCREDITING AUTHORITY FOR RESPIRATORY CARE PROGRAMS, SO AS TO PROVIDE THAT THIS AUTHORITY MAY BE THE AMERICAN MEDICAL ASSOCIATION OR A SUCCESSOR AUTHORITY RECOGNIZED BY THE BOARD.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Medical Affairs Committee proposed the following amendment (BR1\18450AC.95), which was adopted:
Amend the bill, as and if amended, page 1, by deleting /an/ on line 26 and inserting /a school for respiratory therapy approved by the/.
Amend further, page 2, by deleting /an approved/ on line 35 and
inserting /approved a/.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (JIC\5856HTC.95), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from monies in the Capital Reserve Fund for fiscal year 1994-95 the following amounts for the purposes stated:
(1) Budget and Control Board
Federal Retiree Settlement. . . . .$12,500,000
(2) Budget and Control Board
Catawba Indian Settlement. . . . .2,500,000
(3) State Election Commission
1996 Primary Elections. . . . .500,000
(4) Commission on Higher Education
Formula. . . . .35,071,124
(5) Tuition Grants
Grant Funds. . . . .1,000,000
(6) Department of Education
Bus Maintenance and Fuel. . . . .1,000,000
(7) Department of Corrections
Vehicles and Maintenance. . . . .2,211,360
(8) Department of Juvenile Justice
Vehicles and Equipment. . . . .870,000
Vehicle Replacement. . . . .1,510,000
(10) Department of Natural Resources
Vehicles and Law Enforcement Equipment. . . . .1,000,000
(11) Judicial Department
Automation of Court System. . . . .1,441,612
(12) Department of Health and Environmental Control
Grand Strand Beach Renourishment. . . . .5,200,000
(13) Department of Parks, Recreation and Tourism
Palmetto Trail. . . . .800,000
(14) Department of Insurance
Computer. . . . .1,000,000
(15) Department of Health and Environmental Control
Environmental Information
System (One-Stop Permitting). . . . .2,000,000
(16) John De La Howe
Status Offenders. . . . .650,000
(17) State Library
State Aid to County Libraries. . . . .1,000,000
(18) Commission on Higher Education. . . . .
EPSCOR. . . . .2,000,000
(19) Election Commission
Automated Voting Equipment. . . . .415,000
(20) Judicial Department
Pilot Arbitration Program. . . . .100,000
(21) Administrative Law Judges
Training. . . . .10,775
(22) Clemson PSA
Camp Hope. . . . . 672,000
Total. . . . .$73,451,871
SECTION 2. With respect to appropriations made in Section 1 of this joint resolution:
(1) Any funds appropriated by the State for the Grand Strand Beach Renourishment Project cannot be expended until the United States Army Corps of Engineers certifies to the Department of Health and Environmental Control that the federal funds and the required funds from local governments for construction of the Grand Strand Beach Renourishment Project are available for expenditure.
(2) The funds appropriated to the State Library for Aid to County Libraries must be allotted to each county on a per capita basis according to the official United States Census for 1990 as aid to the county libraries.
SECTION 3. This joint resolution takes effect thirty days after the completion of the 1994-95 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code./
Amend totals and title to conform.
H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (JIC\5857HTC.95), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. From 1994-95 surplus general fund revenues previously unavailable for appropriation pursuant to Section 11-11-140 of the 1976 Code, the following sums are appropriated in order of priority from the general fund of the State for the purposes stated:
(1) Aid to Subdivisions
Local Government Fund. . . . .$ 7,037,987
(2) Commission on Higher Education
Formula. . . . .5,830,531
(3) Tuition Grants
Grant Funds. . . . .1,218,736
Special Schools. . . . .5,000,000
(5) Highway Fund. . . . .11,368,500
(6) Commission on Higher Education
Technology. . . . .2,000,000
(7) Commission on Higher Education
African-American Loan Program. . . . .330,000
(8) State Library
Reading Devices. . . . .276,000
(9) Arts Commission
Computer Network. . . . .25,000
(10) Arts Commission
Specific Arts Projects. . . . .50,000
(11) State Budget and Control Board
Local Grant Funds. . . . .330,000
(12) Transfer to General Fund. . . . .10,000,000
(13) Department of Education
Instructional Materials. . . . .1,000,000
(14) Department of Education
Library Materials. . . . .1,000,000
(15) Forestry Commission
Forest Fire Control Equipment. . . . .1,700,000
(16) Department of Commerce
Williamsburg, York, Hartsville Airports. . . . .1,295,127
(17) Department of Natural Resources
Vehicles and Law Enforcement Equipment. . . . .1,093,246
(18) Governor's School Science and Math
Assistant Director. . . . .75,000
(19) Educational Television
Short Distance Education. . . . .191,896
(20) School for Deaf and Blind
Campus Safety Program. . . . .50,000
(21) State Museum
Personnel and Operating. . . . .24,682
(22) Commission on Higher Education
African-American Studies
University of South Carolina. . . . .200,000
(23) Commission on Higher Education
Greenville Higher Education Consortium. . . . .200,000
(24) Department of Natural Resources
Replace Aircraft Engine. . . . .60,000
Computer Mapping. . . . .205,000
(26) Department of Natural Resources
Dennis Wildlife Center Maintenance. . . . .300,000
(27) Department of Natural Resources
Environmental Planning. . . . .140,000
(28) Department of Natural Resources
Dredge Boat Slip. . . . .390,000
(29) Department of Natural Resources
Communications Equipment. . . . .100,000
(30) Workers' Compensation
Equipment. . . . .9,755
(31) Governor's Office-SLED
Lab Equipment. . . . .150,000
(32) Department of Parks, Recreation and Tourism
McNair Memorial. . . . .50,000
(33) Department of Revenue
DMV Deferred Maintenance. . . . .167,000
(34) Commission for the Blind
Roof Repair. . . . .204,240
(35) Educational Television
Technology for All Schools. . . . .1,000,000
(36) Confederate Relic Room
Renovation. . . . .62,000
(37) Department of Education
Darlington Desegregation Lawsuit. . . . .1,000,000
(38) State Library
Computer and Video Equipment. . . . .253,000
(39) Department of Natural Resources
Wildlife Guide. . . . .40,000
(40) Sea Grant Consortium
Partnership for Sustainable Communities. . . . .56,000
(41) Attorney General
Legal Services Study. . . . .50,000
(42) Appellate Defense
Supplies and Equipment. . . . .5,000
(43) Department of Agriculture
Market Services. . . . . 52,547
Total. . . . .$54,591,247
(B) Unexpended funds appropriated pursuant to this bill may be carried forward to succeeding fiscal years and expended for the same purposes.
(C) The ten million dollar transfer to the general fund of the State pursuant to Section 1 of this bill is the revenue source required to be identified pursuant to Section 12-7-435(l) of the 1976 Code for the extra state individual deduction allowed for dependents under six years of age.
SECTION 3. With respect to appropriations made in Section 1 of this bill:
(1) Of the funds appropriated to the Commission on Higher Education for the African-American Loan Program, $130,000 must be distributed to South Carolina State University, $100,000 to Benedict College, and $100,000 to Voorhees College for a loan program with the major focus of attracting African-American males to the teaching profession.
(2) Of the funds appropriated to the Department of Education for Library Materials, $1,000 must be distributed to each school district with remaining funds distributed on a per-pupil basis.
(3) The amount appropriated to the State Highway Fund must be allocated among the State Highway Fund, the Economic Development Account, and the County Transportation Fund in the proportion that interest earned on each of these accounts is of the total of the interest earned on all of these accounts in the most recently completed fiscal year.
SECTION 4. This bill takes effect upon approval by the Governor but no appropriation pursuant to this bill may be paid before January 9, 1996./
Amend totals and title to conform.
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
The Senate proceeded to a consideration of the Resolution. The question being
the adoption of the amendment proposed by the Committee on Finance.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. From fiscal year 1994-95 general fund surplus revenues in excess of $54,591,247, the following sums are appropriated in order of priority from the general fund of the State for the purposes stated:
(1) General Reserve Fund
Contribution. . . . .$10,556,980
(2) Aid to Subdivisions
Local Government Fund. . . . .8,679,747
(3) Department of Education
Instructional Materials. . . . .10,000,000
(4) Department of Health and Human Services
Maintain Medicaid Program. . . . .13,866,718
(5) Department of Health and Human Services
Community Long Term Care. . . . .1,062,628
(6) Department of Health and Human Services
Emotionally Disturbed Children. . . . .12,000,000
(7) Department of Corrections
Ridgeland. . . . .11,828,074
(8) Commission on Higher Education
Formula. . . . .2,946,809
(9) Department of Education
Fringe Equity-Holdharmless. . . . .8,500,000
(10) Department of Education
School Bus Driver Salaries. . . . .1,997,343
(11) (a) Appellate Defense
Agency Deficit. . . . .94,296
(b) Adjutant General
Agency Deficit. . . . .639,843
(12) Judicial Department
New Judges. . . . .1,000,000
(13) Department of Corrections
Medical Services. . . . .383,000
(14) Probation, Parole and Pardon
Offender Supervision and Agents. . . . .1,658,116
(15) Wil Lou Gray
Food Service - USDA. . . . .15,000
Case Services. . . . .950,000
(17) Arts Commission
Operating. . . . .11,098
(18) Commission on Higher Education
SCAMP. . . . .600,000
(19) Attorney General
Statewide Grand Jury. . . . .500,000
(20) Department of Natural Resources
Operating Expenses, Insurance. . . . .150,000
(21) Sentencing Guidelines
Operating. . . . .9,500
(22) Probation, Parole and Pardon
Residential Services. . . . .200,000
(23) Human Affairs Commission
Investigators. . . . .150,000
(24) Judicial Department
National Center for State Courts. . . . . 80,476
Total. . . . .$87,879,628
SECTION 2. To the extent that fiscal year general fund surplus revenues remain after the appropriations provided in Section 1 of this joint resolution, the following sums are appropriated in order of priority from the general fund of the State for the purposes stated:
(1) Governor's Office
Legacy Trust Fund. . . . .$5,000,000
(2) Department of Mental Health
Pee Dee Mental Health Center. . . . .5,500,000
(3) Clemson PSA
Animal Diagnostic Lab. . . . .5,097,060
(4) Department of Mental Health
Reimburse Patient Fee Account. . . . .3,800,000
(5) University of South Carolina
Institute of Public Affairs. . . . . 500,000
SECTION 3. (A) Appropriations in Sections 1 and 2 of this joint resolution are in priority order and each appropriation must be fully funded before the next appropriation in order is paid.
(B) Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purposes.
SECTION 4. In addition to the appropriations provided in Sections 1 and 2 of this joint resolution, there is appropriated from the general fund
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