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 2183, May 1 | Printed Page 2200, May 1 |

Printed Page 2190 . . . . . Monday, May 1, 1995

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 (JIC\5878AC.95), which was adopted:

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

/SECTION ___. Section 40-45-80 of the 1976 Code is amended to read:

"Section 40-45-80. (A) All revenues and income from licenses, examination fees, other fees other than examination fees, sale of commodities and services, and income derived from any other board source or activity shall must be remitted to the State Treasurer as collected, when practicable, but at least once each week, and shall must be credited to the General Fund general fund of the State. All assessments, fees, or licenses shall must be levied in an amount sufficient to at least equal the amount appropriated in the annual General Appropriation Appropriations Act for the board, plus any additional funds allocated by the Budget and Control Board for implementation of the State's Personnel Compensation Plan.

(B) The board may charge the following fees in addition to those fees currently set forth in regulation:

(1) an application fee of one hundred twenty dollars;

(2) an examination fee to be paid directly to a third party who has contracted with the Department of Labor, Licensing, and Regulation to administer the examination."/

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

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

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


Printed Page 2191 . . . . . Monday, May 1, 1995

AMENDED, AMENDMENT PROPOSED
DEBATE INTERRUPTED
H. 3362

THE GENERAL APPROPRIATION BILL

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

Senator DRUMMOND spoke on the Bill.

Senator THOMAS spoke on the Bill.

Amendment No. 10

Senator PASSAILAIGUE proposed the following Amendment No. 10 (003.DGJ), which was adopted:

Amend the bill, as and if amended, Part IA, Section 8, Secretary of State, page 39, line 5 by:

COLUMN 7 COLUMN 8

STRIKING: 691,875 691,875

(28.5) (28.5)

INSERTING: 650,413 650,413

( 27.5) (27.5)

Amend sections, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 3

Senator DRUMMOND proposed the following Amendment No. 3 (001.FAR), which was adopted:

Amend the bill, as and if amended, Part IA, Section 10, STATE TREASURER'S OFFICE, page 0042, lines 5 and 6 by:

COLUMN 7 COLUMN 8

STRIKING: 1,071,702 1,071,702

(32.99) (32.99)

INSERTING: 894,202 894,202

(29.99) (29.99)

Amend the bill further, as and if amended, Part IA, Section 10, STATE TREASURER'S OFFICE, page 0042, after line 6 by inserting:


Printed Page 2192 . . . . . Monday, May 1, 1995

COLUMN 7COLUMN 8

UNCLASSIFIED POSITIONS177,500 177,500

(3.00) (3.00)

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 8

Senators DRUMMOND and J. VERNE SMITH proposed the following Amendment No. 8 (003.BBH), which was adopted:

Amend the bill, as and if amended, Part IA, Section 29, DEPARTMENT OF HEALTH & HUMAN SERVICES, page 229, line 38 by:

COLUMN 7 COLUMN 8

STRIKING: 33,550,154

and

INSERTING: 37,850,154 4,300,000

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. 12

Senator PASSAILAIGUE proposed the following Amendment No. 12 (005.DGJ), which was adopted:

Amend the bill, as and if amended, Part IA, Section 16, Election Commission, page 58, lines 7, 8 and 9 by striking:

the lines in their entirety.

Amend sections, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator LEVENTIS argued contra.

Senator PASSAILAIGUE moved that the amendment be adopted.

The amendment was adopted.


Printed Page 2193 . . . . . Monday, May 1, 1995

Amendment No. 9

Senators DRUMMOND and J. VERNE SMITH proposed the following Amendment No. 9 (004.BBH), which was adopted:

Amend the bill, as and if amended, Part IA, Section 35, Department of Social Services, page 271, line 38 by:

COLUMN 7 COLUMN 8

STRIKING: 15,718,457 6,318,457

INSERTING: 11,418,457 2,018,457

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. 14

Senator PASSAILAIGUE proposed the following Amendment No. 14 (OO8.DGJ), which was adopted:

Amend the bill, as and if amended, Part IB, Section 3, Legislative Department, page 387, line 36, by adding a new proviso to read:

3.___ (Reorg.:Study of Securities Fraud Investigations by Secretary of State) The State Reorganization Commission is authorized to study the Securities Fraud division within the Office of the Secretary of State to determine the cost effectiveness and efficiency of the division's investigative functions and to make a report and recommendation to the General Assembly at the completion of the study.

Amend sections, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 11

Senator PASSAILAIGUE proposed the following Amendment No. 11 (004.DGJ), which was adopted:

Amend the bill, as and if amended, Part IB, Section 8, Secretary of State, page 392, line 34, by adding a new proviso to read:

(SS: Eliminate Communciations Director) Of the state funds appropriated under "Classified Positions," the position of Director of


Printed Page 2194 . . . . . Monday, May 1, 1995

Communications is eliminated and the funds appropriated for that position must be used to fund auditors within the Agency.

Amend sections, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 6

Senator GIESE proposed the following Amendment No. 6 (001.BBH), which was tabled:

Amend the bill, as and if amended, Part IB, Section 17E, B&C Board-Retirement Division, page 412, line 43, by adding a new proviso to read:

17E.__ (SCRS-Option) Pursuant to a request in writing filed with the system which may be made only in the current fiscal year, the surviving spouse of a deceased member of the South Carolina Retirement System who:

(1) retired after December 31, 1991, with more than twenty-five years' service credit; (2) was at least sixty-five on the retirement date; (3) elected to receive maximum benefits; and (4) died less than six months after the effective date of retirement, may revoke the payment election made by the deceased spouse and, upon repayment to the system of all contributions made by the deceased member plus interest, elect a method of payment under Option 2.

Amend sections, totals and title to conform.

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

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Recorded Vote

Senators WILSON, COURSON and GIESE desired to be recorded as voting against the motion to table the amendment.


Printed Page 2195 . . . . . Monday, May 1, 1995

Amendment No. 16

Senator LEVENTIS proposed the following Amendment No. 16 (001.DGJ), which was adopted:

Amend the bill, as and if amended, Part IB, Section 50, Department of Commerce, page 472, line 29, by adding a new proviso to read:

50.____ (CMRC: Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, for Matching National Grant Funds, may be carried forward to the current fiscal year and used for matching committed and/or unanticipated grant funds.

Amend sections, totals and title to conform.

Senator LEVENTIS explained the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 17

Senator LEVENTIS proposed the following Amendment No. 17 (002.DGJ), which was adopted:

Amend the bill, as and if amended, Part IB, Section 50, Department of Commerce, page 472, line 29, by adding a new proviso to read:

50.____ (CMRC: Supplemental Carry Forward) Any unexpended funds from FY 94 Supplemental Appropriation Act 528, Section 3(11) and Section 3(42) for airport improvements may be carried forward from FY 95 into FY 96 and expended for the same purpose.

Amend sections, totals and title to conform.

Senator LEVENTIS explained the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 13

Senator PASSAILAIGUE proposed the following Amendment No. 13 (007.DGJ), which was adopted:

Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 494, Proviso 72.38(I), lines 3 and 4, by striking:

"of the Public Service Commission and Employment Security Commission"

Amend further lines 4, 5 and 6, by striking:


Printed Page 2196 . . . . . Monday, May 1, 1995

"Members of the Worker's Compensation Commission are entitled to a subsistence allowance in the amount as provided in this Act for members of the General Assembly."
Amend sections, totals and title to conform.

Senators PASSAILAIGUE and McCONNELL argued in favor of the adoption of the amendment and Senators LEVENTIS and COURTNEY argued contra.

Senator COURTNEY moved to lay the amendment on the table.

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

Ayes 8; Nays 28

AYES

Courtney          Holland          Martin
Richter Saleeby Short
Stilwell Waldrep

TOTAL--8

NAYS

Alexander         Bryan            Cork
Courson Drummond Ford
Giese Glover Gregory
Lander Leventis McConnell
McGill Mescher Moore
O'Dell Passailaigue Peeler
Reese Rose Ryberg
Setzler Smith, G. Smith, J.V.
Thomas Washington Williams
Wilson

TOTAL--28

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

The amendment was adopted.


Printed Page 2197 . . . . . Monday, May 1, 1995

Statement by Senator HAYES

I wish the Journal to reflect that I abstained from any activity on this amendment as I represent people before the South Carolina Workers' Compensation Commission.

Statement by Senator WALDREP

I wish the Journal to reflect that I abstained from any activity on Amendment No. 13 as I represent people before the South Carolina Workers' Compensation Commission.

Statement by Senator SALEEBY

I certify that I took no action in the consideration of Amendment No. 13 which would preclude my representation of a client under the provisions of Section 8-13-745.

Amendment No. 31

Senators WASHINGTON, CORK and RANKIN proposed the following Amendment No. 31 (003.FAR), which was adopted:

Amend the bill, as and if amended, Part IA, Section 3B, LEGISLATIVE DEPARTMENT - HOUSE OF REPRESENTATIVES, page 0009, lines 5 & 6 by inserting:

COLUMN 7 COLUMN 8

33,000 33,000

(1.00) (1.00)

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 18

Senator LEVENTIS proposed the following Amendment No. 18 (006.DGJ), which was adopted:

Amend the bill, as and if amended, Part IA, Section 54, Public Service Commission, page 335, lines 13 and 14 by:

COLUMN 7 COLUMN 8

STRIKING: 302,294

(7.00)


Printed Page 2198 . . . . . Monday, May 1, 1995

INSERTING: 383,365

(10.00)

Amend sections, totals and title to conform.

Senator LEVENTIS explained the amendment.

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 38

Senator DRUMMOND proposed the following Amendment No. 38 (008.RDY), which was adopted:

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 196, lines 20-21 by:

COLUMN 7 COLUMN 8
STRIKING: O. NEW INITIATIVES-

HIGHER ORDER
INSERTING: O. PROBLEM

SOLVING SKILLS

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 196, lines 29-30 by:

COLUMN 7 COLUMN 8
STRIKING: ALLOC EIA-HIGHER

ORDER THINKING 1,012,393
INSERTING: ALLOC EIA-PROBLEM

SOLVING SKILLS 1,012,393

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 196, lines 32-34 by:

COLUMN 7 COLUMN 8
STRIKING: TOTAL NEW INITIATIVES-

HIGHER ORDER PROB SOL 1,394,776

(1.00)
INSERTING: TOTAL-PROBLEM

SOLVING SKILLS 1,394,776

(1.00)

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.


Printed Page 2199 . . . . . Monday, May 1, 1995

Amendment No. 39A

Senator SETZLER proposed the following Amendment No. 39A (001.SD), which was adopted:

Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 438, Proviso 19A.69, line 36, by striking:

\of the current fiscal year\

Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 438, Proviso 19A.69, line 32, by striking:

\this Section, Under X.\

and inserting :

\Part IA, Section 19.X,\

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 53

Senator SETZLER proposed the following Amendment No. 53 (019.EMS), which was adopted:

Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 438, Proviso 19A.66, by striking line 20 and inserting:

/students with dyscalculia and other learning disabilities in mathematics to use calculators in the math portion of the exit examination to be in effect in time for the Summer/.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

RECESS

At 4:05 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed fifteen minutes.

At 4:20 P.M., the Senate resumed.


| Printed Page 2183, May 1 | Printed Page 2200, May 1 |

Page Finder Index

This web page was last updated on Monday, June 29, 2009 at 2:10 P.M.