Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 2100, Apr. 27 | Printed Page 2120, Apr. 27 |

Printed Page 2110 . . . . . Thursday, April 27, 1995

S. 753--Ordered to a Third Reading

On motion of Senator PASSAILAIGUE, S. 753 was ordered to receive a third reading on Friday, April 28, 1995.

AMENDED, READ THE SECOND TIME

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


Printed Page 2111 . . . . . Thursday, April 27, 1995

IMPRISONMENT, SO AS TO ADD DISMEMBERMENT, MULTIPLE STABBING, AND MULTIPLE SHOOTING OF A PERSON TO THE LIST OF AGGRAVATING CIRCUMSTANCES A JUDGE SHALL CONSIDER OR INCLUDE IN HIS INSTRUCTIONS TO A JURY DURING THE SENTENCING PHASE OF A DEATH PENALTY PROCEEDING.

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.

AMENDED, READ THE SECOND TIME

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/.


Printed Page 2112 . . . . . Thursday, April 27, 1995

Renumber sections to conform.

Amend title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

COMMITTEE AMENDMENT ADOPTED

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


Printed Page 2113 . . . . . Thursday, April 27, 1995

(9) Governor's Office-SLED

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.


Printed Page 2114 . . . . . Thursday, April 27, 1995

To receive this aid, local library support must not be less than the amount actually expended for library operations from local sources in the second preceding year.

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.

COMMITTEE AMENDMENT ADOPTED

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


Printed Page 2115 . . . . . Thursday, April 27, 1995

(4) State Tech Board

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


Printed Page 2116 . . . . . Thursday, April 27, 1995

(25) Department of Natural Resources

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


Printed Page 2117 . . . . . Thursday, April 27, 1995

SECTION 2. (A) Appropriations in Sections 1 and 2 of this bill 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 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.

COMMITTEE AMENDMENT ADOPTED

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.


Printed Page 2118 . . . . . Thursday, April 27, 1995

The Committee on Finance proposed the following amendment (JIC\5855HTC.95), which was adopted:

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


Printed Page 2119 . . . . . Thursday, April 27, 1995

(16) Vocational Rehabilitation

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


Printed Page 2120 . . . . . Thursday, April 27, 1995

of the State $2,500,000 each for the University of South Carolina and City of Greenville arena projects, but this appropriation is contingent upon receipt of the $5,000,000 from the Southeast Compact for Low-Level Nuclear Waste pursuant to the provisions of Section 48-48-80(E) of the 1976 Code and the approval of the financial plan assuring the funding for the construction of each of the arenas by the State Budget and Control Board. The State Budget and Control Board review is limited to assurance of the total fund availability for the construction. Failure of either of the entities to present a plan to be approved prior to the adjournment of the General Assembly on the first Thursday in June, 1996, shall result in forfeiture and lapse of these appropriations.


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