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SECTION 7. The State Budget and Control Board will transfer sufficient FTEs and associated appropriations for personal services and other operating expenses as identified by the Department of Revenue and Taxation and the Department of Public Safety from the Department of Public Safety to the Department of Revenue and Taxation. These positions and associated funds are to be used to perform dealer record inspection and audits and verify criteria as defined in Chapters 15 and 16 of Title 56 and Chapter 17 of Title 31 of the 1976 Code for licensing purposes. The Director of the Department of Public Safety will reassign those personnel remaining, but originally assigned, to perform the duties of record inspections and audits to other duties within the department.

SECTION 8. A. Section 44-2-20 of the 1976 Code, as last amended by Section 80C, Part II, Act 497 of 1994, is amended by adding appropriately numbered items to read:

"( ) `Affiliate' means persons who are affiliates to each other if, directly or indirectly, either one controls or has the power to control the other or a third person controls or has the power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interest among family members, shared facilities and equipment, common use of employees, or a business entity organized following the suspension, debarment, or exclusion of a person, under applicable regulation, where the person has the same or similar management, ownership, or principal employees as the suspended, debarred, or excluded person.

( ) `Familial relationship' means a connection or association by family or relatives, in which a family member or relative has a material interest. Family or relatives include father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, great grandparent, grandchild, great

( ) `Financial relationship' means a connection or association through a material interest or sources of income which exceed five percent of annual gross income from a business entity.

( ) `Related interest' means affiliated companies, principal owners of the client company, or any other party with which the client deals where one of the parties can influence the management or operation policies of the other."

B. Section 44-2-50(A) of the 1976 Code, as added by Act 486 of 1988, is amended to read:

"(A) The department shall promulgate regulations relating to permitting, release detection, prevention, and correction applicable to all owners and operators of underground storage tanks as may be necessary to protect human health and the environment. The department in these regulations may distinguish between types and classes of underground storage tanks. The regulations promulgated pursuant to this section shall must include the following requirements for underground storage tanks:

(1) requirements for submitting a permit application and obtaining permits prior to before the installation and operation of an underground storage tank;

(2) requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment;

(3) requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing or comparable system;

(4) requirements for reporting of releases and corrective action taken in response to a release from an underground storage tank;

(5) requirements for taking corrective action in response to a release from an underground storage tank. The requirements mandated by this item, other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment a release may pose, do not apply to a person who, without participating in the management of an underground storage tank and is otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect that person's security interest in the tank. The indicia of ownership do not include persons who acquire title to the property through foreclosure or other means necessary to enforce the security interests and

(6) requirements for the closure of tanks to prevent future releases of regulated substances into the environment."

C. Section 44-2-80 of the 1976 Code, as added by Act 486 of 1988, is amended to read:

"Section 44-2-80. (A) Any person who releases a regulated substance from an underground storage tank shall immediately shall undertake to contain, remove, and abate the release to the satisfaction of the department. However, the undertaking to contain, remove, or abate a release must not be considered an admission of responsibility for the release by the person taking the action. Notwithstanding this requirement, the department may undertake the removal of the abatement measures and other site rehabilitation actions in response to a release and may contract and retain agents who shall operate under the discretion of the department if a responsible party is unwilling or unable to conduct the cleanup site rehabilitation.

(B) The requirement to conduct site rehabilitation actions other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment a release may pose, does not apply to a person who, without participating in the management of an underground storage tank and is otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect that person's security interest in the tank. The indicia of ownership do not include persons who acquire title to the property through foreclosure or other means necessary to enforce the security interests and who, without participating in the management, are otherwise not engaged in petroleum production, refining, and marketing.

(C) A person who acquires title to any property on which an underground storage tank has been removed is not responsible for site rehabilitation actions other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment. This exemption applies to the extent the release is eligible for compensation from the Superb Account if both of the following conditions are met:

(1) The person does not have or has not had any familial, financial, or related interest with the person who owned or operated the underground storage tanks that were previously in use at that property. The person must not be an affiliate of the owner or operator.

(2) The person allows for reasonable access by the underground storage tank owner or operator or the department to perform site rehabilitation activities."

"Section 6-1-80. (A) A county, municipality, special purpose or public service district, and a school district shall provide notice to the public by advertising the public hearing before the adoption of its budget for the next fiscal year in at least one South Carolina newspaper of general circulation in the area. This notice must be given not less than fifteen days in advance of the public hearing and must be a minimum of two columns wide with a bold headline.

(B) The notice must include the following:

(1) the governing entity's name;

(2) the time, date, and location of the public hearing on the budget;

(3) the total revenues and expenditures from the current operating fiscal year's budget of the governing entity;

(4) the proposed total projected revenue and operating expenditures for the next fiscal year as estimated in next year's budget for the governing entity;

(5) the proposed or estimated percentage change in estimated operating budgets between the current fiscal year and the proposed budget;

(6) the millage for the current fiscal year; and

(7) the estimated millage in dollars as necessary for the next fiscal year's proposed budget.

(C) This notice is given in lieu of the requirements of Section 4-9-130."

B. This section is effective for fiscal years beginning after July 1, 1995.

SECTION 10. This joint resolution takes effect upon approval by the Governor, but no appropriation in Section 2 may be paid until after the Comptroller General closes the state's books on fiscal year 1994-95./

Amend title to conform.

/s/Senator John Drummond/s/Rep. Henry E. Brown, Jr.
/s/Senator J. Verne Smith/s/Rep. John G. Felder
/s/Senator Harvey S. Peeler/s/Rep. Robert W. Harrell, Jr.

On Part of the Senate.On Part of the House.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

The COMMITTEE OF CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 11-11-140 of the 1976 Code, as last amended by Section 7, Part II, Act 497 of 1994, is further amended by adding at the end:

"(F) Notwithstanding the provisions of subsection (D), appropriations from surplus may not be expended before the Comptroller General's closing of the books on the fiscal year in which the surplus occurred. The surplus in this subsection, that is the calculated set-aside as defined in this section, after reduction by way of transfer to the general fund of such amount as necessary to offset any recognized budget shortfall for the fiscal year in which the set-aside surplus occurred, is appropriated for deposit in the State Property Tax Relief Fund. After the first year that the State Property Tax Relief Fund is fully funded, the procedure in subsection (D) must be applied."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to read:
/TO AMEND SECTION 11-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON GENERAL FUND APPROPRIATIONS IN THE ANNUAL GENERAL

/s/Senator John Drummond/s/Rep. Henry E. Brown, Jr.
/s/Senator J. Verne Smith/s/Rep. John G. Felder
/s/Senator Harvey S. Peeler/s/Rep. Robert W. Harrell, Jr.

On Part of the Senate.On Part of the House.

Rep. FELDER explained the Conference Report.

Rep. CROMER moved that the House go into a Committee of the Whole to discuss:

(1) Low-Level Radioactive Waste Disposal;

(2) Licensing and Regulation of video gaming machines; and,

(3) Appropriation of funds for single-gender education.

Rep. A. YOUNG moved to table the motion.

Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Allison          Askins           Boan
Cain             Carnell          Cato
Cave             Chamblee         Cooper
Cotty            Dantzler         Davenport
Delleney         Easterday        Elliott
Fair             Felder           Fleming
Fulmer           Gamble           Harrell
Harris, J.       Harris, P.       Harrison
Harvin           Herdklotz        Huff
Hutson           Jennings         Keegan
Kelley           Kinon            Klauber

Knotts           Koon             Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            McAbee
McCraw           McKay            McTeer
Phillips         Quinn            Rhoad
Rice             Riser            Robinson
Sandifer         Sharpe           Shissias
Smith, R.        Stille           Stoddard
Stuart           Thomas           Townsend
Trotter          Vaughn           Waldrop
Walker           Wells            Whatley
Wilkes           Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.        Young, J.

Those who voted in the negative are:

Anderson         Baxley           Breeland
Brown, G.        Brown, T.        Byrd
Clyburn          Cobb-Hunter      Cromer
Govan            Hines            Hodges
Inabinett        Kennedy          Keyserling
Kirsh            Lloyd            McElveen
McMahand         Meacham          Moody-Lawrence
Neal             Neilson          Richardson
Rogers           Scott            Sheheen
Simrill          Spearman         Tripp
Tucker           Whipper, L.      Wilder
Williams

So, the motion was tabled.

I was not in the House Chamber for the tabling motion to go into the Committee of the Whole to discuss Barnwell. Had I been present, I would have voted "No" on the tabling motion.

Rep. LYNN SEITHEL

(1) Low-Level Radioactive Waste Disposal.

Rep. A. YOUNG moved to table the motion.

Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Allison          Askins           Boan
Cain             Carnell          Cato
Cave             Chamblee         Cooper
Dantzler         Davenport        Easterday
Elliott          Fair             Felder
Fleming          Fulmer           Gamble
Harrell          Harris, P.       Harrison
Harvin           Haskins          Herdklotz
Huff             Jennings         Keegan
Kelley           Kinon            Klauber
Knotts           Koon             Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            McAbee
McCraw           McKay            Phillips
Rhoad            Rice             Riser
Robinson         Sandifer         Sharpe
Smith, D.        Smith, R.        Stille
Stoddard         Stuart           Townsend
Tripp            Trotter          Vaughn
Waldrop          Walker           Wells
Whatley          Wilkes           Wilkins
Witherspoon      Wofford          Wright
Young, A.

Those who voted in the negative are:

Anderson         Baxley           Breeland
Brown, G.        Brown, T.        Byrd
Clyburn          Cobb-Hunter      Cotty
Cromer           Delleney         Govan

Hines            Hodges           Hutson
Inabinett        Kennedy          Keyserling
Kirsh            Lloyd            McElveen
McMahand         McTeer           Meacham
Moody-Lawrence   Neal             Neilson
Quinn            Richardson       Rogers
Scott            Sheheen          Shissias
Simrill          Spearman         Thomas
Tucker           Whipper, L.      Whipper, S.
Wilder           Williams         Worley
Young, J.

So, the motion was tabled.

I was away from my desk when the tabling motion to go into the Committee of the Whole to discuss Barnwell came to a vote. Had I been present, I would have voted "No" on the tabling motion.

Rep. LYNN SEITHEL

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

(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/Maintenance. . . . .2,211,360

(8) Department of Juvenile Justice

Vehicles/Equipment. . . . .870,000

(9) South Carolina Law Enforcement

Division

Vehicles/Equipment. . . . .1,660,000

(10) Department of Natural

Resources

Vehicle Replacement. . . . .1,000,000

(11) Department of Health and

Environmental Control

Environmental Quality Control

Equipment. . . . .277,000

(12) Department of Health and

Environmental Control

Coastal Council

Beach Renourishment. . . . .5,200,000

(13) Department of Parks, Recreation

and Tourism

Palmetto Trail. . . . .600,000

(14) Department of Insurance

Computer Equipment. . . . .1,000,000

(15) Election Commission

Automated Voting Equipment. . . . .415,000

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