Journal of the House of Representatives
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 4810, June 13 | Printed Page 4842, June 13 |

Printed Page 4820 . . . . . Tuesday, June 13, 1995

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Yeas 54; Nays 36

Those who voted in the affirmative are:

Anderson         Askins           Bailey
Baxley           Beatty           Breeland
Brown, J.        Byrd             Canty
Carnell          Cave             Chamblee
Clyburn          Cobb-Hunter      Davenport
Delleney         Gamble           Harris, J.
Hines            Howard           Inabinett
Jennings         Keegan           Keyserling
Kinon            Lloyd            Mason
McAbee           McCraw           McElveen
McMahand         Moody-Lawrence   Neal
Phillips         Quinn            Rhoad
Rogers           Sandifer         Scott
Sheheen          Shissias         Spearman
Stille           Stoddard         Stuart
Townsend         Tucker           Waldrop
Walker           Whipper, L.      Whipper, S.
Wilder           Wilkes           Worley

Total--54

Those who voted in the negative are:

Cain             Cato             Cotty
Dantzler         Easterday        Fair
Felder           Fleming          Haskins
Herdklotz        Kirsh            Klauber
Knotts           Lanford          Law
Limbaugh         Limehouse        Marchbanks
Neilson          Rice             Richardson
Riser            Robinson         Seithel
Sharpe           Simrill          Smith, R.
Tripp            Trotter          Vaughn


Printed Page 4821 . . . . . Tuesday, June 13, 1995

Wells            Whatley          Wilkins
Witherspoon      Young, A.        Young, J.

Total--36

So, having failed to receive the necessary vote, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 3:15 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

Received as information.

RATIFICATION OF ACTS

At 3:15 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.

(R210) S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: AN ACT TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF COURSES AT THE UNDERGRADUATE LEVEL BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS OR SCHOOLS, COORDINATE WITH THE STATE BOARD OF EDUCATION IN THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW MINIMUM UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD


Printed Page 4822 . . . . . Tuesday, June 13, 1995

AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO MANAGE AND CARRY OUT SPECIFIED DUTIES, SHALL HAVE NO GRIEVANCE RIGHTS, AND MAY BE DISMISSED WITHOUT CAUSE, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND INSTITUTIONAL STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA, AND SHALL ISSUE ITS REPORT BY FEBRUARY 1, 1996, WHICH SHALL SERVE AS THE DECENNIAL REPORT OF THE COMMISSION ON HIGHER EDUCATION.

(R211) H. 3362 -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1995, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 44-2-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SUPERB PROGRAM, SO AS TO ADD DEFINITIONS; TO AMEND SECTION 44-2-40, AS AMENDED, RELATING TO THE SUPERB ACCOUNT AND SUPERB RESPONSIBILITY FUND, SO AS TO TRANSFER ADMINISTRATION OF THE SUPERB RESPONSIBILITY FUND FROM THE STATE BUDGET AND CONTROL BOARD TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO FURTHER CLARIFY PURPOSES FOR WHICH


Printed Page 4823 . . . . . Tuesday, June 13, 1995

FUNDS MAY BE EXPENDED, PROVIDE FOR TRANSFER OF FUNDS BETWEEN THE ACCOUNTS, AND TO ESTABLISH PROCEDURES FOR PAYMENTS FROM THE FUND; TO AMEND SECTION 44-2-70, AS AMENDED, RELATING TO FINANCIAL RESPONSIBILITY OF UNDERGROUND STORAGE TANK OWNERS AND OPERATORS, SO AS TO FURTHER PROVIDE FOR THE RESPONSIBILITY OF OWNERS AND OPERATORS, TO DELETE THE PROVISION THAT RELEASES MUST BE SUDDEN; TO AMEND SECTION 44-2-75, AS AMENDED, RELATING TO INSURANCE POOLS, SO AS TO PROVIDE THAT CERTAIN ACTIONS MAY BE TAKEN BY THE INSURANCE COMMISSIONER WHEN THE POOL IS INSOLVENT RATHER THAN SOLVENT; TO AMEND SECTION 44-2-110, AS AMENDED, RELATING TO THE EARLY DETECTION INCENTIVE PROGRAM, AND SECTION 44-2-130, AS AMENDED, RELATING TO COMPENSATION FROM THE FUND, SO AS TO PROVIDE THAT THESE SECTIONS APPLY TO RELEASES AT A SITE RATHER THAN TO SITES; TO AMEND SECTION 44-2-115, AS AMENDED, RELATING TO QUALIFIED SITES, SO AS TO PROVIDE THAT THIS SECTION APPLIES TO RELEASES AT A SITE RATHER THAN TO SITES AND TO ALLOW AN OWNER, WHO HAS BEEN DENIED COMPENSATION FROM THE SUPERB ACCOUNT, THE RIGHT TO FILE A PETITION WITH AN ADMINISTRATIVE LAW JUDGE AND THE RIGHT TO REQUEST RECONSIDERATION OF THE DENIAL BY A MEDIATION PANEL; TO AMEND SECTION 44-2-50, AS AMENDED, RELATING TO REGULATIONS TO BE PROMULGATED RELATING TO THE SUPERB ACCOUNT, SO AS TO REVISE THE DATE CERTAIN REGULATIONS MUST BE SUBMITTED TO THE GENERAL ASSEMBLY AND TO PROVIDE THAT THIS SECTION APPLIES TO RELEASES AT SITES RATHER THAN TO SITES; TO AMEND SECTION 44-2-60, AS AMENDED, RELATING TO REGISTRATION OF UNDERGROUND STORAGE TANKS AND ENVIRONMENTAL IMPACT FEES, SO AS TO REQUIRE THE OWNER OR OPERATOR OF AN UNDERGROUND STORAGE TANK TO HAVE A LICENSE TO PLACE PETROLEUM OR PETROLEUM PRODUCTS IN THE STORAGE TANK; TO AMEND SECTION 44-2-120, AS AMENDED, RELATING TO THE USE OF CONTRACTORS, SUBCONTRACTORS, AND EMPLOYEES FOR SITE REHABILITATION OR CLEANUP, SO AS TO REQUIRE THE PROMULGATION OF REGULATIONS RELATING TO THE EVALUATION AND APPROVAL OF SITE REHABILITATION
Printed Page 4824 . . . . . Tuesday, June 13, 1995

CONTRACTORS TO PERFORM CERTAIN WORK, TO NOT EXTEND LIABILITY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR THE STATE FOR THE SERVICES PROVIDED BY A CONTRACTOR UNDER THIS SECTION, AND TO REVISE THE STANDARDS FOR PROHIBITING CERTAIN PERSONS FROM PARTICIPATING IN SITE REHABILITATION PROJECTS; TO AMEND SECTION 8-11-165, AS AMENDED, RELATING TO THE AGENCY HEAD SALARY COMMISSION, SO AS TO REQUIRE AGENCY HEAD SALARY COMMISSION AND STATE BUDGET AND CONTROL BOARD APPROVAL TO SET THE SALARY OF A PRESIDENT OF A TECHNICAL COLLEGE IN EXCESS OF NINETY-FIVE PERCENT OF THE MIDPOINT OF THE AGENCY HEAD SALARY RANGE AND TO CORRECT OBSOLETE REFERENCES; TO AMEND SECTION 23-6-40, AS AMENDED, RELATING TO THE MANAGEMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE DEPARTMENT DIRECTOR SHALL RECOMMEND THE SALARIES OF DEPUTY DIRECTORS; TO AMEND SECTION 57-1-450, AS AMENDED, RELATING TO THE MANAGEMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT DIRECTOR SHALL RECOMMEND THE SALARIES OF DEPUTY DIRECTORS; BY ADDING SECTION 1-11-335 SO AS TO AUTHORIZE THE DIVISIONS OF THE BUDGET AND CONTROL BOARD TO PROVIDE TO AND RECEIVE FROM OTHER GOVERNMENTAL ENTITIES GOODS AND SERVICES, AND TO AUTHORIZE THESE DIVISIONS TO CHARGE AND PAY FOR THESE GOODS AND SERVICES, THE REVENUE FROM WHICH MUST BE USED FOR THE COSTS OF PROVIDING THE GOODS AND SERVICES; BY ADDING SECTION 11-9-95 SO AS TO PROVIDE THAT WITH RESPECT TO DEBTS OWED TO THE BUDGET AND CONTROL BOARD AT THE END OF ANY FISCAL YEAR, THE BOARD IS AUTHORIZED TO TRANSFER ANY FUNDS REMAINING IN THE AGENCY'S ACCOUNTS TO PAY THESE DEBTS PRIOR TO THE CLOSING OF THE BOOKS FOR THAT FISCAL YEAR, AND TO PROVIDE EXCEPTIONS; BY ADDING SECTION 48-52-435 SO AS TO PROVIDE THAT IN ORDER TO AVOID DUPLICATIVE STUDIES, FUNDS SHALL NOT BE EXPENDED BY STATE AGENCIES FOR STUDIES INVESTIGATING ALTERNATIVE ENERGY USAGE OR CONSERVATION MEASURES WITHOUT PRIOR APPROVAL OF THE STATE ENERGY OFFICE AND THE JOINT LEGISLATIVE COMMITTEE ON ENERGY; BY
Printed Page 4825 . . . . . Tuesday, June 13, 1995

ADDING SECTION 11-9-115 SO AS TO PROVIDE THAT PRICES OFFERED IN CONNECTION WITH CONTRACTS FOR PURCHASES MADE BY THE STATE OF SOUTH CAROLINA FOR ANY COUNTY, MUNICIPALITY, COLLEGE OR UNIVERSITY, POLITICAL SUBDIVISION, SCHOOL DISTRICT, OR AGENCY OF THE STATE SHALL NOT BE SUBJECT TO FAIR TRADE CONTRACTS; BY ADDING SECTION 10-1-200 SO AS TO PROVIDE FOR THE REGULATION OF PARKING FACILITIES OWNED OR CONTROLLED BY AGENCIES OF STATE GOVERNMENT; BY ADDING SECTION 10-1-180 SO AS TO PROVIDE THAT THE EXPENDITURE OF FUNDS BY ANY STATE AGENCY, EXCEPT THE DEPARTMENT OF TRANSPORTATION FOR PERMANENT IMPROVEMENTS AS DEFINED IN THE STATE BUDGET, IS SUBJECT TO APPROVAL AND REGULATION OF THE STATE BUDGET AND CONTROL BOARD; BY ADDING SECTION 10-1-190 SO AS TO PROVIDE THAT, AS PART OF THE APPROVAL PROCESS RELATING TO TRADES OF STATE PROPERTY FOR NONSTATE PROPERTY, THE STATE BUDGET AND CONTROL BOARD IS AUTHORIZED TO APPROVE THE APPLICATION OF ANY NET PROCEEDS RESULTING FROM SUCH A TRANSACTION TO THE IMPROVEMENT OF THE PROPERTY HELD BY THE BOARD; BY ADDING SECTION 10-3-60 SO AS TO PROVIDE THAT REVENUES GENERATED FROM THE RENTALS OF THE FACILITIES OF THE GOVERNOR'S MANSION COMPLEX MAY BE RETAINED AND EXPENDED FOR THE BUDGETED OPERATION OF THE COMPLEX; TO AMEND ARTICLE 1, CHAPTER 35, TITLE 11, RELATING TO GENERAL PROVISIONS CONCERNING THE CONSOLIDATED PROCUREMENT CODE, BY ADDING SUBARTICLE 11 SO AS TO AUTHORIZE A GOVERNMENTAL BODY TO ACCEPT GIFTS-IN-KIND OF ARCHITECTURAL OR ENGINEERING SERVICES, OR BOTH, AND ITEMS OF CONSTRUCTION WITH A VALUE OF LESS THAN TWO HUNDRED FIFTY THOUSAND DOLLARS WITH THE APPROVAL OF CERTAIN INDIVIDUALS IF THE GIFT IS MADE OR ACCEPTED WITHOUT THE INTENT TO INFLUENCE THE JUDGMENT OF THE GOVERNMENTAL BODY; TO AMEND SECTION 11-35-5260, RELATING TO ANNUAL REPORTS BY A GOVERNMENTAL BODY BEING MADE ANNUALLY TO THE BUDGET AND CONTROL BOARD CONCERNING THE NUMBER AND DOLLAR VALUE OF CONTRACTS AWARDED TO ELIGIBLE MINORITY BUSINESSES DURING THE PRECEDING FISCAL YEAR, SO AS TO REQUIRE
Printed Page 4826 . . . . . Tuesday, June 13, 1995

THE REPORTS TO BE MADE TO THE DIVISION OF OPERATIONS OF THE BOARD BY AUGUST FIFTEENTH OF THE TOTAL DOLLAR VOLUME OF BUSINESS THAT WAS CONTRACTED EITHER DIRECTLY OR THROUGH CERTIFIED SUBCONTRACTORS WHO ARE SMALL, MINORITY, OR WOMEN-OWNED BUSINESS DURING THE PREVIOUS FISCAL YEAR; BY ADDING SECTION 48-52-635 SO AS TO AUTHORIZE A STATE AGENCY TO CARRY FORWARD AND RETAIN SAVINGS REALIZED FROM ENERGY CONSERVATION MEASURES WHICH HAVE BEEN CERTIFIED BY THE STATE ENERGY OFFICE, AND TO PROVIDE HOW THESE SAVINGS MAY BE EXPENDED; BY ADDING SECTION 1-11-141 SO AS TO REQUIRE STATE AGENCIES TO INSURE STATE-OWNED VEHICLES THROUGH THE BUDGET AND CONTROL BOARD OR ABSORB THE COST OF ACCIDENT REPAIRS, TO ESTABLISH CONDITIONS UNDER WHICH A STATE EMPLOYEE WHILE DRIVING A STATE-OWNED VEHICLE IS LIABLE FOR THE COST OR A PORTION OF THE COST OF REPAIRS, AND TO PROVIDE FOR APPEALS; TO AMEND SECTION 1-11-270, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT ESTABLISHING CRITERIA FOR INDIVIDUAL ASSIGNMENT OF MOTOR VEHICLES, SO AS TO DEFINE THE CONDITIONS FOR WHICH A STATE-OWNED VEHICLE MAY BE ASSIGNED TO STATE EMPLOYEES; TO AMEND SECTION 1-11-710, RELATING TO THE BUDGET AND CONTROL BOARD MAKING INSURANCE AVAILABLE TO ACTIVE AND RETIRED EMPLOYEES, SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD TO DEVELOP AND IMPLEMENT A PLAN TO INCREASE THE EMPLOYER CONTRIBUTION RATES OF STATE RETIREMENT SYSTEM TO A LEVEL ADEQUATE TO COVER THE EMPLOYER'S SHARE FOR THE CURRENT FISCAL YEAR'S COST OF PROVIDING HEALTH AND DENTAL INSURANCE TO RETIRED STATE AND SCHOOL DISTRICT EMPLOYEES; BY ADDING SECTION 1-11-580 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD TO MAKE QUARTERLY PAYMENTS ON INSURANCE CONTRACTS WHERE THE ANNUAL PREMIUM EXCEEDS FIFTY THOUSAND DOLLARS AND TO UNDERTAKE NEGOTIATIONS TO IMPLEMENT THIS REQUIREMENT; BY ADDING SECTION 1-11-750 SO AS TO ALLOW THE BUDGET AND CONTROL BOARD TO WITHHOLD LONG-TERM CARE INSURANCE PREMIUMS FOR STATE OF SOUTH CAROLINA RETIREES; BY ADDING SECTION 2-7-78 SO AS TO PROVIDE REQUIREMENTS FOR CERTIFICATION OF
Printed Page 4827 . . . . . Tuesday, June 13, 1995

REVENUE IN THE GOVERNOR'S RECOMMENDED APPROPRIATIONS BILL AND THE CONFERENCE COMMITTEE REPORT ON THE BILL; BY ADDING SECTION 8-11-195 SO AS TO ESTABLISH GUIDELINES FOR STATE EMPLOYEE FURLOUGH POLICIES; BY ADDING SECTION 8-11-200 SO AS TO PROVIDE THE REQUIREMENTS FOR REIMBURSEMENT OF TRAVEL EXPENSES TO PERSONS INTERVIEWING FOR STATE EMPLOYMENT; BY ADDING SECTION 8-11-190 SO AS TO PROVIDE FOR THE USE OF PUBLIC FUNDS TO REWARD STATE EMPLOYEES; BY ADDING SECTION 1-11-50 SO AS TO PROVIDE THAT FUNDS ACCUMULATED BY THE DIVISION OF BUDGET AND ANALYSES, BUDGET AND CONTROL BOARD, UNDER CONTRACT FOR PROVIDING GOODS AND SERVICES WHICH ARE NOT EXPENDED MAY BE CARRIED FORWARD FOR THE COSTS ASSOCIATED WITH PROVIDING THESE GOODS AND SERVICES; BY ADDING SECTION 56-3-2322 SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO SELL A DEALER LICENSE PLATE FOR USE ON A MOTOR VEHICLE WHICH THE DEALER LOANS TO A SCHOOL FOR DRIVER EDUCATION; TO AUTHORIZE A TWENTY DOLLAR FEE FOR THE LICENSE PLATE AND TO REQUIRE SURRENDER OF THE LICENSE PLATE WHEN IT IS NO LONGER USED FOR DRIVER EDUCATION; BY ADDING SECTION 11-9-370 SO AS TO PROVIDE THAT A STATE AGENCY COLLECTING REVENUE TO BE APPLIED TO PAYMENTS ON GENERAL OBLIGATION BONDS SHALL SUBMIT REVENUE COLLECTED TO THE STATE TREASURER AND THE REVENUE SUBMITTED CONSTITUTES A REIMBURSEMENT; BY ADDING SECTION 2-7-115 SO AS TO PROVIDE THAT THE APPROPRIATIONS FOR DEBT SERVICE IN THE GENERAL APPROPRIATIONS ACT ARE THE ESTIMATED DEBT SERVICE REQUIREMENTS OF BONDS OF THE STATE FOR EACH FISCAL YEAR, AND TO PROVIDE THAT THE INCLUSION OF THESE APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT SHALL NOT PREVENT THE ISSUANCE OF ADDITIONAL BONDS PURSUANT TO CURRENT OR FUTURE AUTHORIZATIONS IF PERMITTED BY LAW; BY ADDING SECTION 11-1-100 SO AS TO AUTHORIZE AND DIRECT THE BUDGET AND CONTROL BOARD, AFTER REVIEW OF THE JOINT BOND REVIEW COMMITTEE, TO REGULATE THE STARTING DATE OF THE VARIOUS PROJECTS APPROVED FOR FUNDING THROUGH THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS;
Printed Page 4828 . . . . . Tuesday, June 13, 1995

BY ADDING SECTION 4-5-260 SO AS TO PROVIDE THAT, WITH RESPECT TO STATE AID TO SUBDIVISIONS FOR COUNTY GOVERNMENT AND THE ALLOCATION FORMULA FOR AN ANNEXED COUNTY, WHERE A PORTION OF ONE COUNTY IS ANNEXED TO ANOTHER COUNTY, THE TOTAL AMOUNT ALLOCATED TO THE TWO COUNTIES SHALL NOT EXCEED THE TOTAL WHICH WOULD BE ALLOCATED TO THE TWO COUNTIES SEPARATELY AND TO REQUIRE CONSIDERATION OF POPULATION; BY ADDING SECTION 6-27-45 SO AS TO PROVIDE THAT, NOTWITHSTANDING THE AMOUNT APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT FOR "HOMESTEAD EXEMPTION REIMBURSEMENT", THERE MUST BE APPROPRIATED ANNUALLY WHATEVER AMOUNT IS NECESSARY TO REIMBURSE TO COUNTIES AND MUNICIPALITIES FOR ALL REIMBURSED HOMESTEAD EXEMPTIONS ALLOWED IN ACCORDANCE WITH THE PROVISIONS OF LAW; BY ADDING SECTION 11-3-240 SO AS TO SPECIFY THAT FOUR CENTS PER CAPITA BE APPROPRIATED TO EACH COUNTY TO BE APPLIED TOWARD THE EXPENSE OF PRINTING TAX FORMS AND SUPPLIES AND PROVIDE FOR THE MANNER OF PAYMENT; BY ADDING SECTION 6-7-185 SO AS TO SPECIFY HOW THE ANNUAL APPROPRIATION TO THE REGIONAL COUNCILS OF GOVERNMENTS IS ALLOCATED; BY ADDING SECTION 6-7-157 SO AS TO REQUIRE REGIONAL COUNCILS OF GOVERNMENT TO PROVIDE A SPENDING PLAN BEFORE RECEIPT OF STATE FUNDS AND PROVIDE FOR AN AUDIT OF APPROPRIATED FUNDS; BY ADDING SECTION 6-7-155 SO AS TO REQUIRE THE STATE TREASURER TO DISBURSE FUNDS TO REGIONAL COUNCILS OF GOVERNMENT UPON APPROVAL; BY ADDING SECTION 6-1-75 SO AS TO PROVIDE THAT WHERE A PORTION OF ONE COUNTY IS ANNEXED TO ANOTHER COUNTY, THE AMOUNT ALLOCATED UNDER AID TO SUBDIVISIONS TO THE TWO COUNTIES MUST NOT EXCEED THE AMOUNT THAT WOULD BE ALLOCATED TO THE COUNTIES SEPARATELY AND TO REQUIRE THE POPULATION OF THE ANNEXED AREAS TO BE TAKEN INTO CONSIDERATION IN DETERMINING THE PROPORTIONATE ALLOCATION FOR EACH COUNTY; BY ADDING SECTION 11-9-140 SO AS TO ALLOW THE BUDGET AND CONTROL BOARD TO TRANSFER TO THE BOND CONTINGENCY REVOLVING FUND ANY CAPITAL IMPROVEMENT BOND PROJECT BALANCES DETERMINED NOT
Printed Page 4829 . . . . . Tuesday, June 13, 1995

TO BE USABLE OR NEEDED AND PROVIDE FOR EXEMPTIONS, REPORTING OF TRANSFERS, AND RELATED MATTERS; BY ADDING SECTION 1-11-180 SO AS TO PROVIDE ADDITIONAL POWERS TO THE BUDGET AND CONTROL BOARD AND AUTHORIZE PROMULGATION OF REGULATIONS; TO AMEND SECTION 1-1-810, RELATING TO THE PERIOD TO BE COVERED BY ANNUAL REPORTS, SO AS TO PROVIDE THAT EACH STATE AGENCY AND DEPARTMENT SHALL SUBMIT AN ANNUAL ACCOUNTABILITY REPORT; TO AMEND SECTION 1-1-820, RELATING TO CONTENTS OF ANNUAL REPORTS, SO AS TO PROVIDE THAT AN ACCOUNTABILITY REPORT MUST CONTAIN THE AGENCY MISSION, OBJECTIVES, AND PERFORMANCE MEASURES; BY ADDING SECTION 1-11-405 SO AS TO PROVIDE THAT NO AIRCRAFT MAY BE PURCHASED, LEASED, OR LEASE-PURCHASED FOR MORE THAN A THIRTY-DAY PERIOD BY ANY STATE AGENCY WITHOUT THE PRIOR AUTHORIZATION OF THE BUDGET AND CONTROL BOARD AND THE JOINT BOND REVIEW COMMITTEE; TO AMEND SECTION 44-53-530, AS AMENDED, RELATING TO THE SEIZURE AND FORFEITURE OF PROPERTY USED IN ILLEGAL CONTROLLED SUBSTANCE TRANSACTIONS, SO AS TO PROVIDE THAT IF THE PROPERTY SEIZED AND FORFEITED IS AN AIRCRAFT OR WATERCRAFT AND IS TRANSFERRED TO A STATE LAW ENFORCEMENT AGENCY OR OTHER STATE AGENCY, ITS USE AND RETAINAGE BY THAT AGENCY SHALL BE AT THE DISCRETION AND APPROVAL OF THE BUDGET AND CONTROL BOARD; TO REDUCE THE SOFT DRINKS TAX BY AN INCREMENTAL ONE-SIXTH IN FISCAL YEARS 1996-97 THROUGH 2000-2001; TO REPEAL ARTICLE 13, CHAPTER 21 OF TITLE 12 RELATING TO THE IMPOSITION OF THE SOFT DRINKS TAX, EFFECTIVE JULY 1, 2001, AND TO CREATE SPECIAL JOINT COMMITTEE TO REVIEW SALES AND EXCISE TAX STATUTES; TO AMEND SECTIONS 57-11-20, 12-27-400, AND 12-27-1270, ALL AS AMENDED, RELATING TO THE STATE HIGHWAY FUND, "C" FUNDS, AND THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO REQUIRE INTEREST EARNED FROM THE STATE HIGHWAY FUND, THE COUNTY TRANSPORTATION FUND, AND THE ECONOMIC DEVELOPMENT ACCOUNT TO BE DEPOSITED IN THE STATE HIGHWAY FUND; TO AMEND SECTION 44-96-160, AS AMENDED, RELATING TO THE SALE AND DISPOSAL OF MOTOR OIL, SO AS TO PROVIDE THAT MOTOR CARRIERS RATHER
Printed Page 4830 . . . . . Tuesday, June 13, 1995

THAN FOR HIRE MOTOR CARRIERS ARE EXEMPT FROM CERTAIN FEES, AND TO PROVIDE FOR TECHNICAL CORRECTIONS CONCERNING REPORTS FILED WITH THE ENVIRONMENTAL PROTECTION AGENCY REGARDING THE EXISTENCE OF WASTE OIL STORAGE TANKS; BY ADDING SECTION 58-23-25 SO AS TO DEFINE THE PUBLIC SERVICE COMMISSION'S MOTOR CARRIER REGULATORY AUTHORITY; BY ADDING SECTION 58-23-350 SO AS TO PROVIDE THE DEPARTMENT OF REVENUE AND TAXATION WITH AUTHORITY TO ISSUE CLASS E CERTIFICATES OF COMPLIANCE TO FOR-HIRE MOTOR VEHICLES, TO PROVIDE FOR THE FEE AND PROCEDURE TO OBTAIN A CERTIFICATE, PROCEDURES TO ENSURE COMPLIANCE WITH THESE REQUIREMENTS, AND THE POSSIBILITY THAT A CERTIFICATE HOLDER MAY BE ELIGIBLE FOR CERTAIN EXCEPTIONS PROVIDED IN SECTIONS 58-23-620 AND 44-96-160(V)(1); TO AMEND SECTION 58-23-590, RELATING TO LICENSE FEES FOR CLASS E AND F CERTIFICATE HOLDERS, SO AS TO ELIMINATE THE FEE SCHEDULE FOR CLASS E AND F CERTIFICATE HOLDERS, AND TO ALLOW THE PUBLIC SERVICE COMMISSION TO DETERMINE THE ASSESSMENTS FOR HOUSEHOLD GOODS AND HAZARDOUS WASTE DISPOSAL, TO ESTABLISH THE OFFICE COMPLIANCE AND PROVIDE IT WITH THE POWER TO ASSESS FEES, GRANT OPERATING CERTIFICATES, SET RATES, AND ENFORCE THE COMMISSION'S REGULATIONS; TO AMEND SECTION 58-23-620, RELATING TO SITUATIONS IN WHICH LOCAL LICENSE FEES MAY OR MAY NOT BE IMPOSED ON A CERTIFICATE A, B, C, D, E, OR F HOLDER, SO AS TO DELETE THE CERTIFICATE D AND TO PROVIDE CIRCUMSTANCES IN WHICH LOCAL LICENSE FEES MAY BE IMPOSED ON A CERTIFICATE OF COMPLIANCE OR A COMMON OR CONTRACT MOTOR CARRIER OF PROPERTY; TO AMEND SECTION 58-23-640, AS AMENDED, RELATING TO THE ASSESSMENT AND DISTRIBUTION OF THE PUBLIC SERVICE COMMISSION'S IDENTIFIER FEE, SO AS TO SUBSTITUTE "DEPARTMENT OF REVENUE AND TAXATION" FOR "PUBLIC SERVICE COMMISSION" AND PLACE ALL REVENUE GENERATED BY THE FEE IN THE GENERAL FUND; TO AMEND SECTION 58-23-650, AS AMENDED, RELATING TO THE PUBLIC SERVICE COMMISSION'S AUTHORITY TO ENTER INTO RECIPROCAL AGREEMENTS WITH REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION OVER MOTOR
Printed Page 4831 . . . . . Tuesday, June 13, 1995

CARRIERS, SO AS TO SUBSTITUTE "DEPARTMENT OF REVENUE AND TAXATION" FOR "PUBLIC SERVICE COMMISSION", AND TO PROVIDE THE DEPARTMENT OF PUBLIC SAFETY AUTHORITY TO ENFORCE THESE AGREEMENTS; TO AMEND SECTION 58-23-1120, RELATING TO REQUIRING A MOTOR CARRIER TO COMPLY WITH ORDERS AND REGULATIONS PRESCRIBED BY THE PUBLIC SERVICE COMMISSION, SO AS TO DEFINE THE ROLE OF THE PUBLIC SERVICE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY, AND THE TRANSPORT POLICE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY IN THE REGULATION OF MOTOR CARRIERS; TO REPEAL SECTION 58-23-580 RELATING TO LICENSE FEES FOR CLASS D CERTIFICATE HOLDERS; TO AMEND SECTION 24-21-510, RELATING TO DUTIES OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES FOR COMMUNITY CONTROL CENTERS, PRESENTENCE INVESTIGATIONS, AND SENTENCING OPTIONS, SO AS TO DELETE REFERENCES TO PRESENTENCE INVESTIGATIONS; TO REPEAL SECTIONS 24-21-520 AND 24-21-530 RELATING TO PRESENTENCE INVESTIGATIONS; TO ABOLISH THE COMMITTEE TO MAKE A STUDY OF STATE BIDDING PRACTICES, THE CORRECTIONAL SYSTEM STUDY COMMITTEE, THE EDUCATION FINANCE REVIEW COMMITTEE TO REVIEW AND ADVISE UPON THE PROBLEMS ENCOUNTERED IN PROVIDING A FREE AND APPROPRIATE EDUCATION FOR HANDICAPPED CHILDREN, THE COMMITTEE TO STUDY ALTERNATE ELECTRONIC FUNDS TRANSFER SYSTEMS, THE TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS TO THE HOUSE OF REPRESENTATIVES ON A LONG-RANGE PLAN FOR SOUTH CAROLINA'S COAST, AND THE COMMITTEE TO STUDY THE CONSUMER FINANCE LAWS IN THIS STATE AS THEY RELATE TO RESTRICTED LOANS, SUPERVISED LOANS, AND SALES FINANCE CONTRACTS; TO REPEAL SECTION 11-35-520, ARTICLE 5, CHAPTER 11 OF TITLE 8, CHAPTER 22 OF TITLE 2, CHAPTER 23 OF TITLE 2, CHAPTER 27 OF TITLE 2, CHAPTER 29 OF TITLE 2, CHAPTER 31 OF TITLE 2, CHAPTER 33 OF TITLE 2, CHAPTER 37 OF TITLE 2, CHAPTER 49 OF TITLE 2, CHAPTER 57 OF TITLE 2, CHAPTER 61 OF TITLE 2, CHAPTER 67 OF TITLE 2, CHAPTER 32 OF TITLE 46, CHAPTER 9 OF TITLE 59 ALL RELATING TO VARIOUS COMMITTEES; TO REPEAL SECTIONS 56-5-5320 THROUGH 56-5-5440 RELATING TO INSPECTION OF VEHICLES; TO AMEND SECTION 12-7-435, AS
Printed Page 4832 . . . . . Tuesday, June 13, 1995

AMENDED, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO EXTEND THE FIVE DOLLAR A DAY SUBSISTENCE ALLOWANCE DEDUCTION ALLOWED LAW ENFORCEMENT OFFICERS TO FIREFIGHTERS AND EMERGENCY MEDICAL SERVICE PERSONNEL; BY ADDING SECTION 2-3-22 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM RECEIVING IN ANY ONE CALENDAR YEAR ON ACCOUNT OF SERVICE DURING THE REGULAR SESSION OF THE GENERAL ASSEMBLY ANY AMOUNT WHICH EXCEEDS THE TOTAL AMOUNT APPROPRIATED FOR PERSONAL SERVICE FOR MEMBERS OF THE GENERAL ASSEMBLY FOR THE APPLICABLE FISCAL YEAR DIVIDED BY ONE HUNDRED SEVENTY; TO PROVIDE THAT THE APPROPRIATION IN PART I-A OF THIS ACT FOR "OTHER OPERATING EXPENSES" UNDER "ELECTRONIC VOTING" UNDER STATE ELECTION COMMISSION MAY BE USED FOR THE PURCHASE OF VOTING MACHINES WHICH USE ELECTRONIC METHODS FOR CASTING WRITE-IN BALLOTS OR WHICH DO NOT EMPLOY PAPER AND HANDWRITING METHODS OR TECHNOLOGY FOR CASTING WRITE-IN BALLOTS; TO AMEND SECTION 7-13-800, RELATING TO THE PROVISION THAT WRITE-IN BALLOTS MUST BE IN THE HANDWRITING OF THE VOTER OR AUTHORIZED MANAGER, SO AS TO PROVIDE THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE USE OF ELECTRONIC METHODS OF CASTING WRITE-IN BALLOTS OR THE USE OF VOTING MACHINES WHICH DO NOT EMPLOY PAPER AND HANDWRITING METHODS OR TECHNOLOGY FOR CASTING WRITE-IN BALLOTS; BY ADDING SECTION 8-11-185 SO AS TO AUTHORIZE THE OFFICE OF HUMAN RESOURCES OF THE STATE BUDGET AND CONTROL BOARD TO USE FUNDS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO CREATE A REDUCTION IN FORCE APPLICANT POOL AND TO REQUIRE STATE AGENCIES TO REPORT TO THE OFFICE OF HUMAN RESOURCES INFORMATION ON EMPLOYEES AFFECTED BY A REDUCTION IN FORCE, TO REQUIRE STATE AGENCIES FILLING VACANCIES OR NEW POSITIONS TO PROVIDE PRIORITY CONSIDERATION TO PERSONS IN THE POOL WHO ARE APPROPRIATELY CLASSIFIED, AND TO PROHIBIT STATE AGENCIES FROM FILLING VACANCIES OR NEW POSITIONS WITHOUT FIRST SEEKING TO FILL THE
Printed Page 4833 . . . . . Tuesday, June 13, 1995

POSITION FROM QUALIFIED MEMBERS OF THE POOL; TO AMEND SECTION 12-7-1220, AS AMENDED, RELATING TO THE STATE-TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE CREDIT TO A SOLE PROPRIETOR, PARTNERSHIP, LIMITED LIABILITY COMPANY, CORPORATION OF ANY CLASSIFICATION, OR ASSOCIATION, ALLOW THE CREDIT TO BE CLAIMED AGAINST THE INDIVIDUAL INCOME TAX LIABILITY OF THE SOLE PROPRIETOR, PARTNER, SUB S CORPORATION SHAREHOLDER, AND LIMITED LIABILITY COMPANY OWNER, PROVIDE FOR THE MANNER OF CLAIMING THE CREDIT, AND DELETE PROVISIONS PREVIOUSLY LIMITING THE ELIGIBILITY FOR THE CREDIT FOR SHAREHOLDERS OF A SUB S CORPORATION TO A CORPORATION ELIGIBLE TO USE THE FEE IN LIEU OF TAX; TO AMEND SECTION 50-11-20, AS AMENDED, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO REVISE THE COMMITTEE MEMBERS; TO AMEND SECTIONS 8-11-700, 8-11-720, AS AMENDED, 8-11-730, AS AMENDED, 8-11-740, AND 8-11-760, RELATING TO THE STATE EMPLOYEE LEAVE TRANSFER PROGRAM, SO AS FURTHER TO DEFINE WHAT CONSTITUTES A PERSONAL EMERGENCY FOR WHICH TRANSFERRED LEAVE MAY BE USED, AND TO MAKE OTHER TECHNICAL CHANGES FOR THE OPERATION OF THE PROGRAM; BY ADDING SECTION 12-21-2809 SO AS TO MAKE IT UNLAWFUL TO LICENSE OR OPERATE A VIDEO GAME WITH A FREE PLAY FEATURE IN A COUNTY WHERE PAYOFFS ON SUCH MACHINES ARE UNLAWFUL PURSUANT TO REFERENDUM AND TO PROVIDE A PENALTY FOR VIOLATIONS; TO AMEND SECTION 12-21-2710, RELATING TO COIN-OPERATED MACHINES AND DEVICES PROHIBITED BY LAW, SO AS TO INCLUDE VIDEO SLOT MACHINES WHICH DO NOT DISBURSE MONEY BUT WHICH HAVE A FREE PLAY FEATURE AND ALL OTHER VIDEO GAMES WHICH DO NOT DISBURSE MONEY BUT WHICH HAVE A FREE PLAY FEATURE REGARDLESS OF THE GAME ON THE MACHINES WITHIN THE CATEGORY OF DEVICES EXEMPT FROM THE PROHIBITION; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSE FEES FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO RAISE THE FEE FOR THE FIRST FIVE VIDEO GAMES WITH A FREE PLAY FEATURE IN A SINGLE PLACE OR PREMISES FROM THREE TO FOUR THOUSAND DOLLARS A BIENNIUM, TO DELETE A ONE-TIME FEE, TO PROVIDE FOR ADDITIONAL HIGHER FEES FOR
Printed Page 4834 . . . . . Tuesday, June 13, 1995

MACHINES SIX THROUGH EIGHT, TO REQUIRE SUCH MACHINES WITH MULTI-PLAYER STATIONS TO BE LICENSED AS SEPARATE MACHINES, AND PROVIDE THAT CERTAIN LICENSE FEES PERMITTED BY THIS SECTION MAY BE IMPOSED IN ADDITION TO APPLICABLE LOCAL BUSINESS LICENSE FEES ON GROSS INCOME AS AUTHORIZED BY STATUTE; TO AMEND SECTION 12-21-2776, RELATING TO REGISTRATION AND METERING OF VIDEO GAMES WITH A FREE PLAY FEATURE, SO AS TO DELAY METERING OF SUCH MACHINES UNTIL JULY 1, 1998, AND REQUIRE QUARTERLY FINANCIAL REPORTING ON EACH MACHINE; TO AMEND SECTION 12-21-2804, RELATING TO REGULATIONS APPLICABLE TO VIDEO GAMES WITH A FREE PLAY FEATURE, SO AS TO ALLOW EIGHT MACHINES IN A SINGLE PLACE OR PREMISES AND TO EXTEND THE ALLOWED HOURS OF OPERATION AND TO UPDATE REFERENCES; TO REPEAL SECTION 12-21-2791 RELATING TO LIMITS ON CASH PAYOUTS; TO AMEND SECTION 12-21-2782, RELATING TO THE VIDEO GAMES MACHINE ACT, THE PROMULGATION OF REGULATIONS, AND GRANDFATHERING OF CERTAIN MACHINES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION AND PROVIDE, AMONG OTHER THINGS, FOR CONTRACTING FOR THE PURCHASE, LEASE, OR OPERATION OF A COMPUTER MONITORING SYSTEM TO WHICH VIDEO GAME MACHINES MUST BE CONNECTED BY JULY 1, 1998; TO AMEND SECTION 58-3-100, AS AMENDED, RELATING TO THE ASSESSMENT OF EXPENSES FOR THE OPERATIONS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR ASSESSMENTS ON HOUSEHOLD GOODS CARRIERS AND HAZARDOUS WASTE FOR DISPOSAL CARRIERS, TO DELETE PROVISIONS RELATING TO REVENUE FROM REGISTRATION FEES AND ASSESSMENTS OF RADIO COMMON CARRIERS, TO CHANGE THE DATES FOR CERTIFICATION AND PAYMENT OF THESE ASSESSMENTS, RESPECTIVELY, FROM AUGUST FIRST AND OCTOBER FIRST TO MAY FIRST AND JULY FIFTEENTH, AND TO DELETE PROVISIONS RELATING TO THE USE OF REVENUES FROM ASSESSMENTS; TO AMEND TITLE 51, RELATING TO PARKS, RECREATION AND TOURISM, BY ADDING CHAPTER 22 CREATING THE LEGACY TRUST FUND FOR THE PURPOSE OF ACQUIRING SENSITIVE ECOLOGICAL RESOURCES, PRESERVING AND RENOVATING HISTORIC SITES, DEVELOPING STATE PARKS AND HERITAGE RESERVES, PROTECTING
Printed Page 4835 . . . . . Tuesday, June 13, 1995

HABITAT OF ENDANGERED PLANT AND ANIMAL SPECIES, AND ORGANIZING AND DEVELOPING RESOURCE-BASED RECREATIONAL PROJECTS, AND TO PROVIDE FOR ITS GOVERNANCE AND OPERATIONS; BY ADDING SECTION 12-31-415 SO AS TO EXEMPT FROM THE ROAD TAX ON MOTOR CARRIERS ANY CARRIER WHICH OPERATED ONE HUNDRED PERCENT OF ITS MILES WITHIN THE BOUNDARIES OF THIS STATE; TO ELIMINATE PENALTIES DUE FROM ANY MOTOR CARRIER IMPOSED PURSUANT TO THE PROVISIONS OF CHAPTER 31 OF TITLE 12 LEVYING THE ROAD TAX IF THE CARRIER IS EXEMPTED FROM THE TAX BY THE SECTION ADDED BY THIS ACT; BY ADDING SECTION 12-31-60 SO AS TO PROVIDE THAT IN LIEU OF ALL OTHER PENALTIES AND INTEREST PROVIDED BY LAW, PENALTIES AND INTEREST PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT APPLY TO ALL REPORTS FILED WITH THE STATE AS A RESULT OF THAT AGREEMENT; BY ADDING SECTION 11-1-110 SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO ISSUE AND SELL BONDS, NOTES, OR OTHER OBLIGATIONS FOR THE PURPOSE OF ACQUIRING FACILITIES FOR THE USE AND OCCUPANCY OF STATE DEPARTMENTS AND AGENCIES WITH THESE OBLIGATIONS TO BE PAYABLE SOLELY FROM REVENUES DERIVED FROM THE LEASING OR SALE OF THE FACILITIES ACQUIRED WITH THE PROCEEDS OF THE SALE OF THESE OBLIGATIONS AND SECURED BY A PLEDGE OF REVENUES AND, AT THE OPTION OF THE BOARD, A MORTGAGE OF THESE FACILITIES; TO AMEND SECTION 44-7-84, AS AMENDED, RELATING TO DETERMINATION AND ALLOCATION OF MEDICAID NURSING HOME PATIENT DAYS, AND SECTION 44-7-90, RELATING TO VIOLATIONS AND PENALTIES RELATIVE TO PROVIDING MEDICAID PATIENT DAYS, SO AS TO REVISE THESE PROCEDURES, WAIVE CERTAIN PENALTIES, AND REVISE THE FORMULA FOR DETERMINING AND COLLECTING THE PENALTY; TO AMEND SECTION 14-1-200, RELATING TO THE ESTABLISHMENT OF SALARIES OF SUPREME COURT JUSTICES, JUDGES OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT, AND CIRCUIT SOLICITORS, SO AS TO AUTHORIZE AN INCREASE IN THE SALARIES OF CIRCUIT SOLICITORS; TO AMEND SECTION 61-9-312, RELATING TO THE SPECIAL VERSION OF A SPECIAL RETAIL BEER AND WINE
Printed Page 4836 . . . . . Tuesday, June 13, 1995

PERMIT FOR OFF-PREMISES CONSUMPTION, SO AS TO REVISE THE MANNER IN WHICH A CERTAIN PORTION OF THE REVENUE GENERATED BY THE PERMIT FEES SHALL BE USED; TO AMEND SECTION 44-11-10, RELATING TO STATE MENTAL HEALTH FACILITIES, SO AS TO REVISE THE USE OF CERTAIN FACILITIES; TO AMEND SECTION 12-27-400, AS AMENDED, RELATING TO TAXES ON GASOLINE SALES AND THE "C" FUNDS PROGRAM, SO AS TO SPECIFY THESE FUNDS MAY BE USED DIRECTLY TO PAY FOR HIGHWAY PROJECTS AND IN THE CASE OF COUNTIES WHICH WITHDRAW "C" FUNDS FROM THE STATE TREASURER'S OFFICE TO REQUIRE PROJECT EXPENDITURES TO BE DOCUMENTED ON A PER-PROJECT BASIS TO COUNTY TRANSPORTATION COMMITTEES, TO REQUIRE THE DOCUMENTATION TO BE PROVIDED BY THE ENTITY EXPENDING THE FUNDS, AND TO REQUIRE THESE DOCUMENTATION REPORTS TO BE FORWARDED TO THE DEPARTMENT OF TRANSPORTATION AND COMPILED AND REPORTED ANNUALLY TO THE GENERAL ASSEMBLY; BY ADDING SECTION 48-48-140 SO AS TO IMPOSE A TAX ON LOW-LEVEL RADIOACTIVE WASTE DISPOSAL OF TWO HUNDRED AND THIRTY-FIVE DOLLARS A CUBIC FOOT AND TO PROVIDE FOR DISTRIBUTION OF THE REVENUE; TO AMEND SECTION 48-48-80, AS AMENDED, RELATING TO LOW-LEVEL RADIOACTIVE WASTE DISPOSAL IN THIS STATE, SO AS TO AUTHORIZE THE GOVERNOR TO APPOINT A COMMITTEE TO NEGOTIATE WITH CERTAIN OTHER STATES TO ESTABLISH A NEW LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT AND TO ESTABLISH REQUIREMENTS FOR NEGOTIATIONS BY THE COMMITTEE; TO PROVIDE A TEMPORARY DISTRIBUTION TO THE GENERAL FUND OF THE STATE OF A PORTION OF THE REVENUE FROM THE TAX; TO REPEAL CHAPTER 47 OF TITLE 48 RELATING TO THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT; BY ADDING SECTION 59-1-443 SO AS TO PROVIDE THAT ALL SCHOOLS SHALL PROVIDE FOR A MINUTE OF MANDATORY SILENCE AT THE BEGINNING OF EACH SCHOOL DAY; BY ADDING SECTION 59-101-335 SO AS TO PROVIDE THAT THE GOVERNING BOARDS OF ALL STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS SHALL BE AUTHORIZED TO ESTABLISH PENALTIES AND BONDS FOR TRAFFIC AND PARKING
Printed Page 4837 . . . . . Tuesday, June 13, 1995

VIOLATIONS OCCURRING ON PROPERTY WHICH IS OWNED, LEASED, SUPERVISED, OR OTHERWISE CONTROLLED BY THE INSTITUTION, AND TO PROVIDE THAT A SCHEDULE OF PENALTIES AND BONDS FOR SUCH OFFENSES SHALL BE AVAILABLE FOR INSPECTION DURING NORMAL BUSINESS HOURS AT THE INSTITUTION AT A LOCATION DESIGNATED BY THE BOARD; TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 143 SO AS TO ESTABLISH THE SOUTH CAROLINA EDUCATIONAL ASSISTANCE ENDOWMENT FUND, TO PROVIDE FOR THE REVENUES WHICH SHALL BE DEPOSITED IN THE FUND, AND TO PROVIDE FOR THE USE OF SUCH REVENUES FOR SCHOOL FACILITIES AND HIGHER EDUCATION GRANTS FOR SCHOLARSHIPS; TO AMEND SECTION 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS, SO AS TO INCREASE THE AT-LARGE NUMBER OF JUDGES FROM TEN TO THIRTEEN; TO AMEND SECTION 14-8-10, RELATING TO THE COURT OF APPEALS, SO AS TO INCREASE THE NUMBER OF ASSOCIATE JUDGES FROM FIVE TO EIGHT; TO AMEND SECTION 14-8-80, RELATING TO PANELS ON THE COURT OF APPEALS, SO AS TO INCREASE THE NUMBER OF PANELS FROM TWO TO THREE; TO AMEND SECTION 14-8-90, RELATING TO THE COURT OF APPEALS SITTING EN BANC, SO AS TO CONFORM TO THE INCREASE IN THE NUMBER OF ASSOCIATE JUDGES; TO AMEND SECTION 20-7-1410, RELATING TO FAMILY COURT JUDGES, SO AS TO INCREASE THE NUMBER OF JUDGES IN THE NINTH, THIRTEENTH, AND FIFTEENTH CIRCUITS; TO PROVIDE THAT THE TERMS OF ALL JUDGES ADDED BY THIS SECTION BEGIN FEBRUARY 1, 1996; AND TO PROVIDE THAT THE TERMS OF THE ASSOCIATE JUDGES OF THE COURT OF APPEALS ADDED BY THIS SECTION ARE STAGGERED; TO AMEND SECTIONS 12-51-40, AS AMENDED, AND 12-51-120, RELATING TO EXECUTIONS FOR DELINQUENT PROPERTY TAXES AND THE NOTICE REQUIRED TO THE PROPERTY OWNER OF RECORD IMMEDIATELY PRECEDING THE END OF THE REDEMPTION PERIOD, SO AS TO PROVIDE FOR THE METHOD OF MAILING THE NOTICES REQUIRED UNDER THESE SECTIONS; TO AMEND SECTION 1-11-140, AS AMENDED, RELATING TO ENTITIES ELIGIBLE FOR INSURANCE COVERAGE THROUGH THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO EXTEND THE ELIGIBILITY FOR COVERAGE ALLOWED GOVERNMENTAL AND ELEEMOSYNARY HOSPITALS TO
Printed Page 4838 . . . . . Tuesday, June 13, 1995

SUBSIDIARIES OR OTHER ENTITIES AFFILIATED WITH THESE HOSPITALS; TO AMEND SECTION 40-43-230, AS AMENDED, RELATING TO LICENSURE OF PHARMACISTS, SO AS TO SET THE FEE FOR LICENSURE RENEWAL AT SEVENTY DOLLARS; TO AMEND SECTION 12-10-40, RELATING TO THE DESIGNATION OF ENTERPRISE ZONES FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, SO AS TO MAKE ELIGIBLE FOR THE DESIGNATION A RESEARCH PARK OPERATED BY THE SOUTH CAROLINA RESEARCH AUTHORITY; TO AMEND SECTION 44-93-170, AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO CAP THE AMOUNT OF THE FUND AT THREE HUNDRED THOUSAND DOLLARS WITH ALL SUBSEQUENT FEES TO BE RETURNED TO HAMPTON COUNTY; TO AMEND SECTIONS 6-25-35 AND 6-25-100, RELATING TO THE EXTENSION OF CERTAIN PROVISIONS PERTAINING TO WATER, AND THE POWERS OF A JOINT MUNICIPAL WATER SYSTEM, SO AS TO FURTHER PROVIDE FOR THE POWERS OF A JOINT MUNICIPAL WATER SYSTEM WITH RESPECT TO PROJECTS AND UNDERTAKINGS OTHER THAN WATER PERMITTED BY LAW, AND TO CLARIFY THE CONDITIONS UNDER WHICH A JOINT MUNICIPAL WATER SYSTEM MAY INCUR DEBT; BY ADDING SECTION 58-1-65 SO AS TO PROVIDE THAT THERE IS NO LIABILITY ON THE PART OF AND NO CAUSE OF ACTION AGAINST, OWNERS AND OPERATORS OF WATER IMPOUNDMENTS FOR FEDERALLY REGULATED HYDROELECTRIC PROJECTS FOR ACTS, EVENTS, OCCURRENCES, OR FUTURE CONSEQUENCES OF ANY TREATMENT BY THE DEPARTMENT OF NATURAL RESOURCES, ITS AGENTS OR INDEPENDENT CONTRACTORS, IN PROVIDING FOR THE MANAGEMENT OF AQUATIC WEEDS, AND TO PROVIDE THAT THE IMMUNITY FOR OWNERS AND OPERATORS OF WATER IMPOUNDMENTS FOR FEDERALLY REGULATED HYDROELECTRIC PROJECTS ALSO EXTENDS TO ANY LIABILITY ARISING AS A RESULT OF ACTIONS BY INDIVIDUALS WHO WITHOUT PERMISSION FROM THE OWNER AND OPERATOR TREAT, SPRAY, OR IN ANY FASHION ATTEMPT TO MANAGE AQUATIC WEEDS IN THE IMPOUNDMENT; TO AMEND ARTICLE 1, CHAPTER 25, TITLE 57, RELATING TO GENERAL PROVISIONS REGARDING OUTDOOR ADVERTISING, BY ADDING SECTION 57-25-30 SO AS TO PROVIDE THAT BUS SHELTERS MAY BE ERECTED AND MAINTAINED WITHIN THE RIGHTS-OF-WAY OF
Printed Page 4839 . . . . . Tuesday, June 13, 1995

PUBLIC ROADS UPON AUTHORIZATION OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE FOR THE MANNER IN WHICH ADVERTISING MAY BE PLACED IN THESE BUS SHELTERS, AND TO REQUIRE A PERSON ERECTING BUS SHELTERS TO OBTAIN A PERMIT FROM THE DEPARTMENT OF TRANSPORTATION; TO CONFIRM THE POLICY OF THE STATE OF SOUTH CAROLINA WITH REGARD TO THE OPPORTUNITY TO ATTEND A SINGLE-GENDER COLLEGE AND TO ADOPT THE FINDINGS OF FACT IN U.S. V. COMMONWEALTH OF VIRGINIA AS THE BASIS FOR THE POLICY OF SOUTH CAROLINA IN CRAFTING A FRAMEWORK FOR THE ESTABLISHMENT OF AND MAINTENANCE OF SINGLE-GENDER PROGRAMS OF HIGHER LEARNING FOR BOTH SEXES AND TO PROVIDE CERTAIN EXCEPTIONS; TO AMEND SECTION 56-3-2150, AS AMENDED, AND SECTION 56-3-2170, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO MEMBERS OF MUNICIPAL AND COUNTY COUNCILS, SO AS TO PROVIDE A SPECIAL LICENSE PLATE FOR A MAYOR AND PROVIDE FOR THE DISTRIBUTION OF THE REVENUE FROM THE PLATES AND FOR PERIODIC REPORTING ON THE COSTS OF PRODUCTION AND ADMINISTRATION OF THESE SPECIAL PLATES; TO AMEND SECTION 9-11-140, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR BENEFITS UNDER THE PROGRAM TO A SURVIVING SPOUSE RATHER THAN TO THE OFFICER'S WIDOW, AND TO PROVIDE FOR CONTINUED PAYMENTS AFTER THE REMARRIAGE OF THE OFFICER'S SPOUSE; TO AMEND SECTION 12-37-450, AS AMENDED, RELATING TO THE BUSINESS INVENTORY TAX EXEMPTION REIMBURSEMENT, SO AS TO PROVIDE FOR AN AUTOMATIC GENERAL FUND APPROPRIATION OF SUMS SUFFICIENT TO MEET THE REQUIRED 1987 REIMBURSEMENT AMOUNT; TO AMEND SECTION 12-36-60, RELATING TO THE DEFINITION OF "TANGIBLE PERSONAL PROPERTY" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION THE TRANSMISSION OF COMPUTER DATABASE INFORMATION BY A COOPERATIVE SERVICE WHEN THAT INFORMATION HAS BEEN ASSEMBLED BY AND IS FOR THE EXCLUSIVE USE OF THE MEMBERS OF THE COOPERATIVE SERVICE; TO AMEND SECTION 12-36-910, AS
Printed Page 4840 . . . . . Tuesday, June 13, 1995

AMENDED, RELATING TO THE SALES TAX ON TANGIBLE PERSONAL PROPERTY, SO AS TO PROVIDE EXEMPTIONS FROM THE TAX AND DEFINE TERMS; BY ADDING SECTION 2-3-25 SO AS TO PROVIDE IF A MEMBER OF THE GENERAL ASSEMBLY RESIGNS OR IS EXPELLED, HE MUST REPAY ANY COMPENSATION RECEIVED ON A PRO RATA BASIS, AND PROVIDE THAT IF HE DOES NOT, THE COMPTROLLER GENERAL SHALL WITHHOLD THAT AMOUNT FROM ANY RETIREMENT BENEFITS HE RECEIVES; TO AMEND SECTION 12-36-2680, RELATING TO THE USE OF SALES TAX EXEMPTION CERTIFICATES MAINTAINED ON FILE USED IN MAKING VARIOUS TAX EXEMPT PURCHASES, SO AS TO DELETE THE REQUIREMENT THAT THE PURCHASER SIGN THE INVOICE AND TO MAKE THIS DELETION EFFECTIVE FOR EXEMPT SALES MADE ON OR AFTER JANUARY 1, 1995; TO AMEND SECTION 59-107-90, RELATING TO THE MAXIMUM AMOUNT OF OUTSTANDING STATE INSTITUTION BONDS, SO AS TO RAISE THE LIMIT FROM SIXTY TO NINETY MILLION DOLLARS; BY ADDING SECTION 59-127-75 SO AS TO ALLOCATE A CERTAIN PORTION OF THE FUNDS DISTRIBUTED PURSUANT TO THE HIGHER EDUCATION FORMULA OF THE COMMISSION ON HIGHER EDUCATION TO THE FELTON-LABORATORY SCHOOL AT SOUTH CAROLINA STATE UNIVERSITY; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, RELATING TO ADDITIONAL ASSESSMENTS BASED ON FINES IMPOSED ON OFFENDERS IN GENERAL SESSIONS, FAMILY COURT, MAGISTRATE'S COURT, AND MUNICIPAL COURT, RESPECTIVELY, AND HOW THESE ASSESSMENTS ARE DISTRIBUTED, SO AS TO REDUCE BY ONE PERCENT THE AMOUNT TO BE CREDITED TO THE GENERAL FUND AND TO CREATE WITH THIS ONE PERCENT A FUND IN THE ATTORNEY GENERAL'S OFFICE UP TO FIVE HUNDRED THOUSAND DOLLARS FOR AID TO COUNTIES FOR EXPENSES IN DEATH PENALTY CASES; TO PROVIDE THAT THE MEMBERSHIP OF THE JOINT BOND REVIEW COMMITTEE IS INCREASED BY SIX ADDITIONAL MEMBERS FOR PURPOSES OF ANY MATTERS COMING BEFORE THE COMMITTEE REGARDING THE SALE, LEASE, RENTAL, USE, TRANSFER, OR OTHER DISPOSITION OF THE REAL OR PERSONAL PROPERTY OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, IN WHOLE OR IN PART, WITH A VALUE IN EXCESS OF TWENTY-FIVE MILLION
Printed Page 4841 . . . . . Tuesday, June 13, 1995

DOLLARS AS DETERMINED BY THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE JOINT BOND REVIEW COMMITTEE SHALL BE ALLOWED TO PARTICIPATE IN A PUBLIC HEARING WHICH THE MEDICAL UNIVERSITY OF SOUTH CAROLINA MUST HOLD BEFORE THE MEDICAL UNIVERSITY OF SOUTH CAROLINA APPROVES THE TRANSACTION BUT THE COMMITTEE SHALL NOT ENGAGE IN APPROVING OR DISAPPROVING THE TRANSACTION AT THAT STAGE, TO PROVIDE THAT THE JOINT BOND REVIEW COMMITTEE MAY HOLD ITS OWN PUBLIC HEARINGS ON AND SHALL APPROVE OR DISAPPROVE ANY MEDICAL UNIVERSITY OF SOUTH CAROLINA PROPOSAL SUBMITTED, AND TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA SHALL NOT IMPLEMENT ANY PROPOSAL REGARDING A TRANSACTION WHICH HAS NOT RECEIVED A FAVORABLE VOTE FROM THE JOINT BOND REVIEW COMMITTEE; BY ADDING SECTION 10-1-163 SO AS TO REQUIRE ALL PORTRAITS, FLAGS, BANNERS, MONUMENTS, STATUES, AND PLAQUES WHICH MAY BE REMOVED FROM THE STATE HOUSE DURING RENOVATIONS TO BE RETURNED TO THEIR ORIGINAL LOCATION WHEN THE STATE HOUSE IS REOCCUPIED, TO PROVIDE THAT THE LOCATION OF THESE ITEMS MUST NOT BE CHANGED UNLESS APPROVED BY AN ACT PASSED BY THE GENERAL ASSEMBLY, AND TO PROVIDE FOR PAYMENT OF THE COSTS OF REMOVAL, RESTORING, REPLACING, AND DISPLAYING THESE ITEMS; TO AMEND SECTION 44-69-30, RELATING TO LICENSES FOR OPERATION OF HOME HEALTH AGENCIES, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ENTER INTO PARTNERSHIPS AND OTHER AGREEMENTS FOR THE PURPOSE OF ASSURING CONTINUED PROVISION OF HOME CARE SERVICES ADEQUATE TO MEET THE STATE'S NEEDS, AND TO FURTHER PROVIDE FOR THE DEPARTMENT'S AUTHORITY AND RESPONSIBILITY WITH REGARD TO THESE PARTNERSHIPS AND AGREEMENTS; TO AMEND TITLE 44, RELATING TO HEALTH, BY ADDING CHAPTER 122 SO AS TO DIRECT THE SOUTH CAROLINA HUMAN SERVICES COORDINATING COUNCIL TO DEVELOP AND COORDINATE THE IMPLEMENTATION OF COMMUNITY-BASED ADOLESCENT PREGNANCY PREVENTION PROGRAMS THROUGH FUNDING AVAILABLE FROM THE DEPARTMENT OF HEALTH AND HUMAN
Printed Page 4842 . . . . . Tuesday, June 13, 1995

SERVICES AND TO PROVIDE REQUIREMENTS FOR LOCAL PROJECTS AND SELECTION PROCEDURES; TO AMEND SECTION 40-43-260, AS AMENDED, RELATING TO DISCIPLINARY ACTION THAT MAY BE TAKEN AGAINST A PHARMACIST, SO AS TO AUTHORIZE THE BOARD TO IMPOSE A CIVIL FINE OF ONE THOUSAND DOLLARS; BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX RELIEF FUND AND PROVIDE FOR THE MANNER IN WHICH FUNDS THEREIN SHALL BE USED FOR PROPERTY TAX RELIEF; BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES LEVIED FOR SCHOOL OPERATIONS OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS AND LEASE PURCHASE PAYMENTS FOR CAPITAL CONSTRUCTION; BY ADDING SECTION 12-43-217 SO AS TO REQUIRE QUADRENNIAL REASSESSMENT; TO AMEND SECTION 12-45-75, RELATING TO THE PAYING OF PROPERTY TAXES IN INSTALLMENTS, SO AS TO AUTHORIZE QUARTERLY INSTALLMENTS; BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; BY ADDING SECTION 12-47-75 SO AS TO PROVIDE FOR THE CREDITING OF ERRONEOUS PROPERTY TAX PAYMENTS; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE FOR THE APPLICATION OF THE FOUR PERCENT CLASSIFICATION FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY; AND TO EXTEND THE TIME FOR FILING FOR AGRICULTURAL USE VALUE.


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