Printed Page 5920, May 11
| Printed Page 5940, May 11
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Printed Page 5920, May 11
| Printed Page 5940, May 11
| Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\GJK\20925SD.94), which was adopted.
Amend the bill, as and if amended, by striking SECTION 7 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. BOAN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. QUINN demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Baker Brown, H. Cato Clyborne Cooper Cromer Davenport Fair Farr Fulmer Gamble Gonzales Graham Hallman Harrell Harrison Haskins Hutson Kirsh Klauber Lanford Littlejohn Marchbanks Meacham Moody-Lawrence Phillips Quinn Robinson Sharpe Shissias Simrill Smith, D. Stoddard Stuart Trotter Tucker Vaughn Waldrop Walker Wells Wofford Young, A.
Alexander, M.O. Anderson Askins Barber Baxley Boan Breeland Brown, G. Brown, J. Byrd Chamblee Cobb-Hunter Govan Harris, J. Holt Houck Inabinett Jennings Keegan Kelley Keyserling McCraw McLeod McMahand Riser Rudnick Sheheen Smith, R. Spearman Stille Stone Townsend Waites Whipper White Wilder, J. Witherspoon
So, the amendment was adopted.
Rep. BOAN proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\BBM\9240HC.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION . In the case of an employee retiring by July 1, 1994, as a result of the need to deal with a severe family hardship arising after November 1, 1993, the time to make the irrevocable retirement incentive election authorized pursuant to Section 17P.6, Part I, Act 164 of 1993 is extended for a period ending June 30, 1994, but this extension applies only if the employee's agency head approves the extension and determines that such a hardship has arisen./
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Amend the bill, as and if amended, beginning on page 3, by striking SECTION 5 and inserting:
/SECTION 5. (A) In recognition of the substantial legal issues and uncertain financial liability that confronted the State of South Carolina in Bass v. State of South Carolina and Perri v. State of South Carolina, the General Assembly finds the proposed settlement reached in those cases to be fair and reasonable. By this act, the General Assembly ratifies and approves the terms agreed to in the settlement and pledges the financial resources of the State to implement the terms and conditions of the settlement as approved by the circuit court.
(B) (1) A timely filed claim for refund for any tax year rendering the taxpayer eligible for a refund under the settlement agreement is deemed a timely filed claim for refund for all taxable years to which the settlement agreement applies, except that any additional refunds due a taxpayer as a result of this item for those years for which a claim was not filed must be paid as provided in item (4). No further action is required for any such taxpayer to receive the refund allowed by this item for those years. All protests filed pursuant to the settlement agreement on the issue of which taxable years were included in the taxpayer's claim for refund are extinguished on the effective date of this section.
(2) A taxpayer who failed to timely file a claim for refund for any year as provided in the settlement agreement is nevertheless eligible for a refund if the taxpayer files a claim for refund with the Department of Revenue and Taxation within the extension period. The refund due a taxpayer under this item must be paid as provided in item (4). One claim for refund is sufficient for all applicable years.
(3) The Department of Revenue and Taxation shall place a notice in newspapers of general circulation in this state notifying taxpayers of the provisions of this subsection with special emphasis on the provisions of item (2) and the duration of the extension period. The department shall also provide written notification to each county veterans' affairs offices.
(4) Refunds payable under this subsection must be calculated in the manner provided by law but without interest and must be paid in two equal installments in October, 1995, and October, 1996. After any constitutional requirements are met, the amounts required for these refunds must be the first priority item in appropriations from the Capital Reserve Fund for fiscal years 1994-95 and 1995-96.
(6) As used in this subsection:
(a) "Extension period" is the period beginning April 16, 1992, and ending on the fortieth day after the effective date of this section.
(b) "Claim for refund" for purposes of item (2) is a written communication filed by a taxpayer with the Department of Revenue and Taxation received or bearing a postmark during the extension period which contains information sufficient for the department to identify the taxpayer and determine the validity of the claim. Any claim for refund is deemed to be for taxable years 1985, 1986, 1987, and 1988 to the extent the taxpayer received federal pension income in those years.
(c) "Taxpayer" means an individual who filed South Carolina individual income tax returns in any of the years 1985, 1986, 1987, or 1988 whose South Carolina taxable income included federal pension income. In the case of a deceased taxpayer, the surviving spouse, heirs, or personal representative of the deceased taxpayer entitled to receive the refund allowed by this subsection may fill the appropriate claim for refund on behalf of the deceased taxpayer. For purposes of paying refunds in the case of a testate deceased taxpayer, such refunds must be paid to the deceased taxpayer's personal representative. Refunds due an intestate deceased taxpayer under the provisions of this subsection must be paid as provided in subsection (D).
(d) "Refund" means a payment made pursuant to item (4).
(e) "Settlement agreement" means the agreement settling the claims arising under the Bass and Perri cases approved by the court on March 2, 1994.
(C) (1) Notwithstanding the provisions of Section 12-7-2250 of the 1976 Code and Title 62 of the 1976 Code, amounts payable to intestate federal retirees due under the settlement agreement in Bass v. South Carolina and Perri v. South Carolina must be paid pursuant to the terms of the settlement so that the amount owed any intestate deceased federal
(2) To conform with the settlement agreement and notwithstanding the provisions of Section 12-7-2260 of the 1976 Code, if checks issued to any federal retirees under the agreement are returned to the Department of Revenue and Taxation as undeliverable, the department shall supply to class counsel for the federal retirees a list of those federal retirees for whom checks are undelivered, with class counsel having one year from the date of the check to deliver the check to the retiree, surviving spouse, or living children, and upon failure to deliver, the funds represented by the checks must be paid to the general fund of the State with the State's liability extinguished from any future suit, claim, or demand by the retiree, the retiree's surviving spouse, children, or estate. The actions of any party taken pursuant to the authority contained in this subsection are not considered in violation of Sections 12-7-1680 or 12-54-240(A) of the 1976 Code.
(D) Refunds paid pursuant to subsection (B) on behalf of an intestate deceased taxpayer must be paid as provided in subsection (C) and are subject to the terms and conditions provided in subsection (C) except that the refund amounts are as calculated under subsection (B)(4) and the Department of Revenue and Taxation shall perform the functions assigned to class counsel in subsection (C)./
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\BBM\9244AC.94), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
"2. Adjutant General
(b) Congaree Armory. . . . .607,200 30,000
(B) Subitem 2 (Adjutant General), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended by adding:
(j) Armory Construction/
Renovations. . . . .577,200
The Adjutant General's Office must request the use of the Armory Construction\Renovations funds for specific projects."
SECTION . (A) Sub-subitem (c), subitem 21 (Department of Corrections), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended to read:
"21. Department of Corrections
(c) 10 2 96-Bed Additions . . . . .6,464,933 1,486,000
(B) Subitem 21 (Department of Corrections), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended by adding:
(g) Construction/
Renovation. . . . .3,978,933
The Department of Corrections must request the use of the funds identified in sub-subitem (g) for the Lancaster Institution, a Rehabilitation Unit for the Mentally Retarded or General Renovations or all of these projects. The Department must request the specific use of the funds for any of those projects from the Joint Bond Review Committee and the Budget and Control Board. The Lancaster Institution has priority over the use of the funds. If all of the funds in sub-subitem (g) are not used for the Lancaster Institution, then the Department shall request the specific use of the funds for either the Rehabilitation Unit for Mentally Retarded or General Renovations or both projects.
The Department of Corrections and the State Budget and Control Board are directed to proceed with the construction of the Lancaster Institution. The project costs are anticipated to require an increase of approximately $5,000,000. It is the intent of the General Assembly to provide the additional funds required to complete the institution in legislation authorizing the issuance of additional capital improvement bonds or other funding mechanisms. It is the intent of the General Assembly to provide funds for the Rehabilitation Unit for the Mentally Retarded or General Renovations, if necessary.
32. Department of Probation, Parole and Pardon Services
2 Community Control Centers. . . . .2,400,000
Total, Department of Probation,
Parole and Pardon Services. . . . .2,400,000" SECTION . Subitem 22 (Department of Juvenile Justice), item (f), Section 3 of Act 1377 of 1968, as amended by Part II, Section 77, of Act 164 of 1993, is amended to read:
"22. Department of Juvenile Justice
(i) Fire and Life Safety
Renovations. . . . .3,300,000
(j) Regional Reception and
Evaluation Centers. . . . .6,660,961
The disbursement of funds and the location for the regional reception and evaluation centers authorized in this subitem must be consistent with the terms of the settlement agreement resolution of the lawsuit in the case of ALEXANDERS S. VS. McLAWHORN."
SECTION . Subitem 16, (Archives and History), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended to read:
"16. Department of Archives and History
Wardlaw School Acquisition
New Facility. . . . .2,500,000 1,100,000
Total, Department of Archives
and History. . . . .2,500,000 1,100,000
Of the funds authorized above for the new facility, the Department of Archives and History may only proceed with the expenditure of funds for architectural and engineering related work (A&E) for the proposed facility. The expenditure of funds for these purposes cannot exceed $1,085,806. All other project phases and related costs, including construction, may not proceed until all remaining project funds are authorized and can be made available."
SECTION . Section 3 of Act 1377 of 1968, as last amended by Section 77, Part II, Act 164 of 1993, is further amended by adding:
"Department of Education
Purchase of new school buses. . . . .$105,000,000
Total, Department of Education. . . . .$105,000,000"
SECTION . Section 4 of Act 1377 of 1968, as last amended by Act 523 of 1992, is further amended to read:
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
Rep. BOAN continued speaking.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\BBM\9243AC.94), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION . (A) All appropriations and applicable provisions of Act 164 of 1993 (State General Appropriations Act), including provisos contained in Part I of that act, remain in full force and effect until an appropriations act for fiscal year 1994-95 is enacted, except that:
(1) Debt Service is increased by $7.2 million;
(2) Education Finance Act Base Student Cost Per Pupil allocation to School Districts remains the same per pupil with additional funds allocated to the extent necessary for growth in student enrollment;
(3) State funds for health insurance for retirees is increased by $2,732,770.00;
(4) Administrative Law Judge Division funds must be increased by $1,024,362.00 and an additional 21 FTE's are authorized for the division.
(C) Any monies expended pursuant to this section by any agency or department must be deducted from the appropriation made available under the 1994-95 appropriations act./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4377 -- Reps. Kirsh, Farr, Walker, D. Wilder, Vaughn, Rudnick, Stille, Simrill, Harvin, Keyserling, Meacham, Delleney and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-905 SO AS TO PROVIDE FOR A PARTIAL REFUND OR CREDIT WHEN THE OWNER OF A MOTOR VEHICLE SO REQUESTS UPON THE SURRENDER OF THE LICENSE PLATE AND REGISTRATION TO THE DEPARTMENT OF REVENUE AND TAXATION IN THE FIRST TWELVE MONTHS OF A BIENNIAL REGISTRATION PERIOD.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. SIMRILL moved to reconsider the vote whereby debate was adjourned on the Senate amendments on the following Bill until May 17, which was agreed to.
H. 4412 -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
S. 914 -- Senator Courtney: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV), SO AS TO PROVIDE THAT THE SOLICITOR SHALL ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF CERTAIN SEX OFFENSES, AND TO PROVIDE FURTHER THAT UPON THE SOLICITOR'S REQUEST OR UPON THE COURT'S OWN MOTION, THE COURT MAY ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF A CRIMINAL OFFENSE.
Rep. MARTIN explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Printed Page 5920, May 11
| Printed Page 5940, May 11
|