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Senator DRUMMOND proposed the following Amendment No. 225 (GJK\21965SD.95), which was adopted:

Amend the bill, as and if amended, Part IA, Section 44 - FORESTRY COMMISSION, by adding immediately after line 17, page 299

(7) (8)

/H. Cooper Black Jr. Memorial

Field Trial & Recreation Area 50,00050,000/

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 219 (S-EDUC\003.SD), which was adopted:

Amend the bill, as and if amended, Part IB, Section 3, Legislative Department, page 385, proviso 3.40, line 5, by striking lines 5 through 18 and inserting:

\3.40 (LEG: Study Committee - Education) A joint House and Senate study committee shall be established to undertake a comprehensive review of the programs and funding of public education. The committee shall, among other issues, examine the methods of allocating state funds, the programs supported by state appropriations, and the procedures for providing accountability for ways to better promote the State's educational goals. The fourteen members of the committee shall be as follows: two

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator COURSON proposed the following Amendment No. 154 (JIC\5957HTC.95), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 10, State Treasurer, page 393, by adding an appropriately numbered paragraph at the end to read:

/10. (TREAS: Management Fee) The State Treasurer is authorized to charge a fee for the operating and management costs associated with the Local Government Investment Pool and the Deferred Compensation Program and is further authorized to retain and expend the fees to provide

Amend sections, totals and title to conform.

Senator COURSON explained the amendment.

Senator COURSON moved that the amendment be adopted.

The amendment was adopted.

At 3:25 P.M., Senator SHORT assumed the Chair.

Senators LANDER and LAND proposed the following Amendment No. 180 (DKA\3981CM.95), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 14, COMMISSION ON INDIGENT DEFENSE, Proviso 14.1, Section 16-3-26(C)(2), page 396, by striking lines 12 through 16 and inserting the following:

/(2) Court-appointed counsel seeking payment for fees and expenses shall request these payments from the Office of Indigent Defense within thirty days after the completion of the case. Provided upon Upon exhaustion of the funds provided through the Office of Indigent Defense, any outstanding awards of attorney fees or expenses shall be is the obligation of the county. For the purposes of this statute, exhaustion of the funds shall occur if the funds administered by the Office of Indigent Defense and reserved for death penalty fees and expenses have been reduced to zero. If either the Death Penalty Trial Fund or the Conflict Fund has been exhausted in a month and the other fund contains money not scheduled to be disbursed in that month, then the Indigent Defense Commission must transfer a sufficient amount from the fund with the positive fund balance to the fund with no balance and pay the obligation to the extent possible./

Amend sections, totals and title to conform.

Senator LANDER explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senators LANDER and RICHTER proposed the following Amendment No. 181 (DKA\3982CM.95), which was tabled:

Amend the bill, as and if amended, Part 1B, SECTION 14, COMMISSION ON INDIGENT DEFENSE, Proviso 14.1, page 395, by deleting beginning on line 29:

/If all funds in either the Death Penalty Trial Fund or the Conflict Fund are exhausted before the end of the fiscal year, any outstanding awards of attorney fees or expenses shall be the obligation of the county./

Amend further, SECTION 14, COMMISSION ON INDIGENT DEFENSE, Proviso 14.1, Section 16-3-26(C)(2), page 396, by striking lines 12 through 16, and inserting:

/(2) Court-appointed counsel seeking payment for fees and expenses shall request such payments from the Office of Indigent Defense within thirty days after the completion of the case. Provided upon exhaustion of the funds provided through the Office of Indigent Defense, any outstanding awards of attorney fees or expenses shall be the obligation of the county. For the purposes of this statute, exhaustion of the funds shall occur if at any time the funds administered by the Office of Indigent Defense and reserved for death penalty fees and expenses have been reduced to zero./

Amend further, SECTION 14, COMMISSION ON INDIGENT DEFENSE, Proviso 14.1, beginning page 395, by adding an appropriately lettered subsection to read:

/( ) The Judicial Department biennially shall develop and make available to the public a list of standard fees and expenses associated with the defense of an indigent person in a death penalty case./

Amend further, SECTION 14, COMMISSION ON INDIGENT DEFENSE, by deleting Proviso 14.3, beginning on line 27.

Renumber subsections and amend sections, totals and title to conform.

Senator LANDER explained the amendment.

Senator LAND spoke on the amendment.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator MOORE proposed the following Amendment No. 209 (3362R125.TLM), which was adopted:

Amend the bill, as and if amended, Part IB, Section 17, Budget and Control Board, page 400, after line 7, by inserting a new proviso to read:

/17. .(BCB: Division Reductions) The Budget and Control Board may transfer funds between programs within a Division for the purpose of managing any specific line item reduction but shall not transfer any funds from Section 17F, Employee Benefits, in order to supplant any base reductions imposed in the other Divisions of the Board./

Amend sections, totals and title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

At 4:00 P.M., the PRESIDENT assumed the Chair.

Senators WILLIAMS, HOLLAND and MOORE proposed the following Amendment No. 207 (3362R213.MBW), which was adopted:

Amend the bill, as and if amended, Part IA, Section 34, Department of Public Safety, page 256, line 6, by:

COLUMN 7 COLUMN 8

STRIKING: 3,383,347 2,998,810

( ) ( )

INSERTING: 4,194,800 3,810,263

( ) ( )

Amend sections, totals and title to conform.

Senator HOLLAND explained the amendment.

Senator HOLLAND moved that the amendment be adopted.

The amendment was adopted.

Senators ROSE and CORK proposed the following Amendment No. 187 (3362R133.MTR), which was tabled:

Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 430, after line 2, by adding a new proviso to read:

/19. . (Expanded use of Transportation Property and Services) The Department of Education School Bus Maintenance Shops shall be permitted, on a cost reimbursable basis, to deliver transportation maintenance and services to vehicles owned or operated by public agencies in South Carolina or their agents./

Amend sections, totals and title to conform.

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

Senator SETZLER moved to lay the amendment on the table.

The amendment was laid on the table.

Senators ROSE and CORK proposed the following Amendment No. 188 (3362R134.MTR), which was tabled:

Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 430, after line 2, by adding a new proviso to read:

/19. . (Vehicle Supplanting) The Department of Education School Bus Maintenance Shops shall be permitted to fuel non-state owned school buses that are operating in lieu of state owned school buses to deliver school transportation services in support of state-mandated public school programs. Further, this fuel shall not be subject to the South Carolina Motor Fuel Taxes./

Amend sections, totals and title to conform.

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

Senator LEVENTIS spoke on the amendment.

Senator LEVENTIS moved to lay the amendment on the table.

The amendment was laid on the table.

Senators ROSE and CORK proposed the following Amendment No. 189 (3362R135.MTR), which was tabled:

Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 430, after line 2, by adding a new proviso to read:

/19. . (School Bus Motor Fuel Tax Exemption) School buses operated by school districts, Head Start agencies, or their agents, for the purpose of transporting students for school and school related activities, shall not be subject to South Carolina Motor Fuel Taxes. Further, school districts, Head Start agencies, or their agents may purchase this fuel, on a cost reimbursable basis from the Department of Education School Bus Maintenance Shops./

Amend sections, totals and title to conform.

Senator ROSE argued in favor of the adoption of the amendment and Senator SETZLER 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.

At 4:15 P.M., on motion of Senator PEELER, the Senate receded from business not to exceed fifteen minutes.

At 4:32 P.M., the Senate resumed.

Senator ALEXANDER proposed the following Amendment No. 47 (S-EDUC\001.EMS), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 19, Department of Education, page 430, line 3, by adding a new proviso to read:

/19. . (SDE: Task Force - Community-Based Education Programs) A task force is created to examine cost effective community-based educational programs to meet the needs of truants, other status offenders, and students who have not been successful in school and face expulsion. The twelve member task force shall be: one private citizen who has worked with at-risk students to be appointed by the Governor, one member of the State Board of Education appointed by the Chairman of the State Board, one high school and one middle school teacher appointed by the State Superintendent of Education, one educator involved in alternative programs appointed by the State Superintendent, two school district

The task force will submit a report with any recommendations by January 1, 1996 to the Senate Finance Committee, the Senate Education Committee, the House Ways and Means Committee and the House Education and Public Works Committee./.

Amend sections, totals and title to conform.

Senator ALEXANDER explained the amendment.

Senator ALEXANDER moved that the amendment be adopted.

The amendment was adopted.

Senator MARTIN proposed the following Amendment No. 217 (3362R222.LAM), which was adopted:

Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 430, after line 3, by adding a new proviso to read:

/ . Funds appropriated, pursuant to this act or any other act, to the Department of Education for the purpose of effectuating a settlement of the Darlington Desegregation lawsuit brought against the State of South Carolina or any of its political subdivisions may not be transferred or expended for any purpose other than the lawsuit for which the funds were appropriated./

Amend sections, totals and title to conform.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 218 (3362R237.NGS), which was adopted:

Amend the bill, as and if amended, Part IB, Section 19, page 430, after line 3, by adding an appropriately numbered section to read:

/19 . Notwithstanding any other provision of law, regulation, or policy to the contrary, funds shall be paid from the Insurance Reserve Fund sufficient for the hiring of expert witnesses, consultants, and other attorneys on behalf of the Senate and House of Representatives as may be necessary for the defense of the State and the other defendants in Allendale County, et al. vs. State of South Carolina, et al., Lee County Civil Action No. 93-CP-31-169. The respective defendants shall have the sole discretion, either collectively or individually, to hire such expert witnesses, consultants, and counsel as is deemed necessary, provided that such expenses shall be reasonable in relation to the fees paid in other complex litigation cases./

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator ROSE proposed the following Amendment No. 145 (3362R206.MTR), which was tabled:

Amend the bill, as and if amended, Part IB, Section 19A, Department of Education - EIA, page 438, after line 39, by adding a new proviso to read:

/19A. Notwithstanding any other provision of law, of the funds appropriated under Part IA, Department of Education, Education Improvement Act and distributed to a school district, a district may expend up to twenty-five percent of its total funds at its discretion, provided that such expenditures shall be made on programs which are funded under the EIA for fiscal year 1995- 96./

Amend sections, totals and title to conform.

Senator ROSE moved that the amendment be adopted.

Senator SETZLER moved to lay the amendment on the table.

The amendment was laid on the table.

Senators SETZLER and HAYES proposed the following Amendment No. 99 (S-EDUC\002.SD), which was adopted:

Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 437, Proviso 19A.59, beginning with line 43 by striking the proviso in its entirety and inserting the following:

/19A.59. (SDE-EIA: XN - Parent Education) Funds appropriated in Part IA, Section 19X.N. shall be used to fund those sites continuing to operate as Parent Education technical assistance sites in FY 1995-96 at a level no less than eighty-five percent of the amount received in the prior year./

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senators SETZLER and HAYES proposed the following Amendment No. 143A (S-EDUC\020.SD), which was adopted:

Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 437, Proviso 19A.59, beginning with line 43 by striking the proviso in its entirety and inserting the following:

/19A.59. (SDE-EIA: XM-Dropout and XN Parent Education) Funds appropriated in Part IA, Section 19X.M. shall be used to fund those projects operating in the prior fiscal year as Dropout Prevention and Retrieval Programs whose evaluations show them to be effective, who agree to continue to serve as technical assistance sites, and meet the criteria developed by the Department of Education in consultation with the Select Committee at a level not less than eighty-five percent of the amount received in the prior fiscal year. Funds appropriated in Part IA, Section 19X.N. shall be used to fund those sites continuing to operate as Parent Education technical assistance sites in FY 1995- 96 at a level not less than eighty-five percent of the amount received in the prior year.\

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