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 2420, May 5 | Printed Page 2440, May 5 |
Printed Page 2430 . . . . . Friday, May 5, 1995
C. Section 14-1-208(C) of the 1976 Code, as added by Part II, Section 36B, Act 497 of 1994, is amended to read:

"(C) The State Treasurer shall deposit the assessments as follows:

(1) 25.79 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) 25.5 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;

(3) .67 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety the department may retain the surplus for use in its law enforcement training programs;

(4) 19.06 percent for the State Office of Victim Assistance;

(5) 7.97 6.97 percent to the general fund;

(6) 19.38 percent to the Office of Indigent Defense for the defense of indigents;

(7) 1.63 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities.;

(8) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, `complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular

Printed Page 2431 . . . . . Friday, May 5, 1995
case in direct support of operating the Court of General Sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a `first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the General Fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year."

D. This section takes effect July 1, 1995./

Amend sections, totals and title to conform.

Senators LANDER and SHORT explained the amendment.

Senator SHORT moved that the amendment be adopted.

The amendment was adopted.

PRESIDENT PRESIDES

At 1:03 P.M., the PRESIDENT assumed the Chair.

Amendment No. 215A

Senators JACKSON and SHORT proposed the following Amendment No. 215A (3362R139.DJ), which was adopted:

Amend the bill, as and if amended, Part IA, Section 3A, Leg. Dept.-Senate, page 3, line 1, by:

COLUMN 7 COLUMN 8

STRIKING: 216,142 216,142

INSERTING: 116,142 116,142

Amend the bill further, as and if amended, Part IA, Section 29, Department of Health and Human Services, page 229, after line 30 by inserting:

COLUMN 7 COLUMN 8

/Adolescent Pregnancy

Prevention Program 100,000 100,000/

Amend sections, totals and title to conform.

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

Printed Page 2432 . . . . . Friday, May 5, 1995
Senator JACKSON moved that the amendment be adopted.

Senator COURTNEY moved to lay the amendment on the table.

Point of Order

Senator THOMAS raised a Point of Order that the motion to table was out of order inasmuch as another Senator had the floor.

The PRESIDENT sustained the Point of Order.

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

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

Senator HAYES argued contra to the adoption of the amendment.

Senator HAYES moved to lay the amendment on the table.

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

Ayes 17; Nays 18

AYES

Courson           Courtney         Giese

Gregory           Hayes            Martin

McConnell         Mescher          O'Dell

Peeler            Richter          Ryberg

Smith, J.V.       Stilwell         Thomas

Waldrep           Wilson

TOTAL--17

NAYS

Bryan             Cork             Elliott

Jackson           Land             Lander

Leatherman        Leventis         Matthews

McGill            Moore            Patterson

Rankin            Reese            Saleeby

Short             Smith, G.        Washington

TOTAL--18

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

The amendment was adopted.

Printed Page 2433 . . . . . Friday, May 5, 1995
Recorded Vote

Senator ROSE desired to be recorded as voting against the motion to table the amendment.

Statement by Senator ROSE

I voted against Amendment No. 215A because it was not clear that the program to be financed would cause more good than would the program that would be deleted, and it was not clear how much harm would result from deletion of funds from the Children's Study Committee to finance the new program. Moreover, it was not clear exactly what would be the content of the program to be financed, and whether any part of the program would be objectionable. Cutting funding for one program to finance another longstanding program for children should be done only after due consideration by an appropriate committee. This amendment never was considered by a committee.

Amendment No. 173

Senator ELLIOTT proposed the following Amendment No. 173 (JIC\5939HTC.95), which was tabled:

Amend the bill, as and if amended, Part IA, Section 6C, page 0035, line 31, columns (7) and (8), by inserting:

/67,500/.

Amend sections, totals and title to conform.

Senator ELLIOTT explained the amendment.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 190A

Senator PATTERSON proposed the following Amendment No. 190A (PT\1986BDW.95), which was adopted:

Amend the bill, as and if amended, Part IA, Section 10, State Treasurer's Office, page 42, after line 6 by inserting:

(7) (8)

/Senior Assistant

State Treasurer 65,000 65,000

(1.00) (1.00)/

Amend the bill further, as and if amended, Part IA, Section 10, State Treasurer's Office, page 43, line 7, by striking columns (7) and (8) and inserting:

Printed Page 2434 . . . . . Friday, May 5, 1995
/(7) (8)

553,027 536,166/

Amend sections, totals and title to conform.

Senator PATTERSON explained the amendment.

Senator PATTERSON moved that the amendment be adopted.

Senator BRYAN moved to lay the amendment on the table.

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

The amendment was adopted.

Amendment No. 155

Senator COURSON proposed the following Amendment No. 155 (JIC\5956HTC.95), which was tabled:

Amend the bill, as and if amended, Part IA, Section 10, State Treasurer, page 0043, line 13 by inserting in columns (7) and (8): /65,950/.

Amend sections, totals and title to conform.

Senator COURSON explained the amendment.

Senator BRYAN moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 150

Senator LAND proposed the following Amendment No. 150 (012.DGJ), which was adopted:

Amend the bill, as and if amended, Part IA, Section 14, Commission on Indigent Defense, page 52, lines 3, 4, 5 and 6 by striking:

the lines in their entirety.

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Printed Page 2435 . . . . . Friday, May 5, 1995
Amendment No. 104

Senators MATTHEWS, PATTERSON, WASHINGTON, GLOVER and FORD proposed the following Amendment No. 104 (3362R109.JWM), which was adopted:

Amend the bill, as and if amended, Part IA, Section 18A, COMMISSION ON HIGHER EDUCATION, page 96, after line 4, by adding:

COLUMN 7 COLUMN 8

African-American Loan Program 330,000330,000

Amend the bill further, as and if amended, Part IB, Section 18A, COMMISSION ON HIGHER EDUCATION, page 418, after line 14, by adding a new proviso to read:

/18A. .(African-American Loan Program) Of the funds apppropriated 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./

Amend sections, totals and title to conform.

Senator MATTHEWS explained the amendment.

Senator DRUMMOND spoke on the amendment.

Senator MATTHEWS moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 144

Senator O'DELL proposed the following Amendment No. 144 (S-EDUC\017.EMS), which was adopted:

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 189, line 17 by:

COLUMN 7 COLUMN 8

STRIKING: $98,945,742

( ) ( )

INSERTING: $95,885,742

( ) ( )

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 195, line 37 by inserting:

COLUMN 7 COLUMN 8

Alloc EIA - Dropout Program $3,060,000

Amend sections, totals and title to conform.

Printed Page 2436 . . . . . Friday, May 5, 1995
Senator O'DELL explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 143

Senator ROSE proposed the following Amendment No. 143 (3362R136.MTR), which was tabled:

Amend the bill, as and if amended, Part IA, Section 33, Department of Alcohol & Other Drug Abuse Services, page 253, after line 29 by inserting:

COLUMN 7 COLUMN 8

Substance Abuse Treatment

Program for Pregnant Women 200,000 200,000

Amend sections, totals and title to conform.

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

Senator ROSE moved that the amendment be adopted.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Adoption of Amendment No. 160A Reconsidered

Amendment No. 160A Withdrawn

Having voted on the prevailing side, Senator PEELER asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 160A (17318AC.95) proposed by Senators PEELER, LANDER, SHORT and LAND, was adopted.

The motion to reconsider was adopted.

The Senate proceeded to a consideration of Amendment No. 160A.

On motion of Senator PEELER, with unanimous consent, Amendment No. 160A was withdrawn.

Printed Page 2437 . . . . . Friday, May 5, 1995
Amendment No. 185A

Senator BRYAN proposed the following Amendment No. 185A (PT\1989HTC), which was tabled:

Amend the bill, as and if amended, Part IA, Section 41, Department of Corrections, page 287, line 22, by striking columns (7) and (8) and inserting:

/(7) (8)

112,845,324 109,610,324/

Amend the bill further, as and if amended, Part IA, Section 41, Department of Corrections, page 290, line 20, by striking columns (7) and (8) and inserting:

/(7) (8)

52,557,43446,753,240/

Amend sections, totals and title to conform.

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

Senator DRUMMOND spoke on the amendment.

Senator BRYAN moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

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

Ayes 28; Nays 12

AYES

Alexander         Courtney         Drummond

Elliott           Glover           Hayes

Holland           Jackson          Land

Lander            Leatherman       Leventis

Martin            Matthews         McConnell

McGill            Mescher          Moore

O'Dell            Passailaigue     Patterson

Peeler            Rankin           Saleeby

Setzler           Smith, J.V.      Washington

Wilson

TOTAL--28

NAYS

Bryan             Cork             Giese

Gregory           Reese            Richter





Printed Page 2438 . . . . . Friday, May 5,
1995



Rose              RybergSmith, G.

Stilwell          Thomas           Waldrep

TOTAL--12

The amendment was laid on the table.

Amendment No. 158

RULING BY THE PRESIDENT

The PRESIDENT took up the Point of Order raised by Senator LEATHERMAN that Amendment No. 158 (3362R229.MTR) proposed by Senator ROSE was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

Amendment No. 158 was ruled out of order.

Amendment No. 159

RULING BY THE PRESIDENT

The PRESIDENT took up the Point of Order raised by Senator LEATHERMAN that Amendment No. 159 (3362R228.MTR) proposed by Senator ROSE was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

Amendment No. 159 was ruled out of order.

Amendment No. 197

RULING BY THE PRESIDENT

The PRESIDENT took up the Point of Order raised by Senator J. VERNE SMITH that Amendment No. 197 (GJK\21962CM.95) proposed by Senator LEVENTIS was out of order inasmuch as it was violative of Section 11-11-440, S.C. Code of Laws, 1976, as amended.

The PRESIDENT sustained the Point of Order.

Amendment No. 197 was ruled out of order.

Printed Page 2439 . . . . . Friday, May 5, 1995
Amendment No. 112

RULING BY THE PRESIDENT

The PRESIDENT took up the Point of Order raised by Senator BRYAN that Amendment No. 112 (3362R113.PPL) proposed by Senator LEVENTIS was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT overruled the Point of Order.

The Senate proceeded to a consideration of Amendment No. 112.

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

Point of Order

Senator LEATHERMAN raised a Point of Order that Amendment No. 112 was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."

Senators LEATHERMAN, LEVENTIS and RICHTER spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

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

Senator LEVENTIS moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

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

Ayes 24; Nays 19

AYES

Alexander         Bryan            Drummond

Giese             Glover           Holland

Jackson           Land             Lander

Leatherman        Martin           Matthews

McGill            Mescher          Moore

O'Dell            Patterson        Reese

Ryberg            Saleeby          Smith, J.V.

Stilwell          Thomas           Williams

TOTAL--24


NAYS

Cork              Courson          Courtney

Elliott           Ford             Gregory

Hayes             Leventis         McConnell

Passailaigue      Peeler           Rankin

Richter           Rose             Setzler

Short             Smith, G.        Waldrep

Wilson

TOTAL--19

The amendment was laid on the table.

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