Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995
Page Finder Index
| 
Printed Page 970, Mar. 14
| Printed Page 993, Mar. 15
|
Printed Page 980 . . . . . Wednesday, March 15,
1995
Message from the House
Columbia, S.C., March 15, 1995
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto
by the Governor on R. 11, S. 474 by a vote of 4 to 1:
(R11) S. 474 -- Senator Holland: AN ACT TO DIRECT THE DEPARTMENT OF TRANSPORTATION
TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF SECONDARY ROAD S28-539
IN
KERSHAW COUNTY.
Very respectfully,
Speaker of the House
Received as information.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S. 638 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO
FIX 12:30 P.M. ON TUESDAY, MARCH 21, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO
A
CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE UNEXPIRED TERM EXPIRES
JULY 31,
2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3,
WHOSE
UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF
THE
TWELFTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A
SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5,
WHOSE
UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF
THE
COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR
TO A
CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995;
TO
ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE TERM
EXPIRES
JUNE 30, 1995; TO
Printed Page 981 . . . . . Wednesday, March 15,
1995
ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT
WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE
NINTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO
A
CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; AND
TO
ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION,
SEAT
3, WHOSE TERM EXPIRES JUNE 30, 1995.
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate shall meet in joint assembly in
the Hall of the House of Representatives on Tuesday, March 21, 1995, at 12:30 p.m. to
elect a successor to The Honorable Randall T. Bell of the Supreme Court whose
unexpired term expires July 31, 2000; to elect a successor to The Honorable Randall
T. Bell of the Court of Appeals, Seat 3, whose unexpired term expires June 30, 1995;
to elect a successor to The Honorable John H. Waller, Jr., of the Twelfth Judicial
Circuit whose unexpired term expires June 30, 2000; to elect a successor to The
Honorable Karen L. Kanes of the Administrative Law Judge Division, Seat 5, whose
unexpired term expires June 30, 1998; to elect a successor to the holder of the
unexpired term of The Honorable Randall T. Bell of the Court of Appeals, Seat 3,
whose unexpired term expires June 30, 1995; to elect a successor to The Honorable C.
Tolbert Goolsby, Jr., of the Court of Appeals, Seat 4, whose term expires June 30,
1995; to elect a successor to The Honorable J. Ernest Kinard, Jr., of the Fifth
Judicial Circuit whose term expires June 30, 1995; to elect a successor to The
Honorable J. Derham Cole of the Seventh Judicial Circuit whose term expires June 30,
1995; to elect a successor to The Honorable Daniel E. Martin, Sr., of the Ninth
Judicial Circuit whose term expires June 30, 1995; to elect a successor to The
Honorable Tom J. Ervin of the Tenth Judicial Circuit whose term expires June 30,
1995; and to elect a successor to The Honorable Alison R. Lee of the Administrative
Law Judge Division, Seat 3, whose term expires June 30, 1995.
Referred to the Committee on Judiciary.
Printed Page 982 . . . . . Wednesday, March 15,
1995
S. 638--Recalled and Adopted
Senator McCONNELL asked unanimous consent to recall the Resolution from the
Committee on Judiciary.
There was no objection.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to
the House.
S. 639 -- Senator Giese: A BILL TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO
PERSONAL AND REAL PROPERTY, SO AS TO PROVIDE THAT THE PENALTIES FOR VIOLATING
EITHER
CRIME APPLY WHEN INJURY TO THE PROPERTY OR PROPERTY LOSS OCCURS.
Read the first time and referred to the Committee on Judiciary.
S. 640 -- Senators Peeler, Short and Hayes: A BILL TO AMEND SECTION 20-7-473, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARITAL PROPERTY FOR PURPOSES OF
EQUITABLE APPORTIONMENT, SO AS TO PROVIDE THAT REAL PROPERTY OWNED BY A THIRD
PERSON
IS NOT MARITAL PROPERTY.
Read the first time and referred to the Committee on Judiciary.
S. 641 -- Senator Williams: A BILL TO AMEND SECTION 7-5-150, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE CLOSING OF REGISTRATION BOOKS BEFORE ELECTIONS,
SO AS
TO PROVIDE THAT ANY PERSON ELIGIBLE TO REGISTER WHO HAS BEEN DISCHARGED FROM
THE
ARMED FORCES OR WHO HAS BEEN SEPARATED FROM HIS SERVICE OVERSEAS AND
RETURNED HOME
TOO LATE TO REGISTER AT THE TIME WHEN REGISTRATION IS REQUIRED IS ENTITLED TO
REGISTER FOR THE PURPOSE OF VOTING IN THE NEXT ENSUING ELECTION AFTER THE
DISCHARGE
OR SEPARATION FROM SERVICE, UP TO 5:00 P.M. ON THE DAY OF THE ELECTION.
Read the first time and referred to the Committee on Judiciary.
H. 3783 -- Reps. Cotty, Sheheen, Boan and Baxley: A CONCURRENT RESOLUTION COMMENDING
JOHN STRAIT, MANAGER OF THE E. I. DUPONT DE NEMOURS PLANT IN CAMDEN, DR.
HERBERT C.
ROBBINS, PRESIDENT OF CENTRAL
Printed Page 983 . . . . . Wednesday, March 15,
1995
CAROLINA TECHNICAL COLLEGE, THE CENTRAL CAROLINA TECHNICAL COLLEGE
COMMISSION MEMBERS, AND CATHY HARVIN, CENTER DIRECTOR, FOR THEIR EFFORTS IN
ESTABLISHING THE UNIQUE AND OUTSTANDING "COLLEGE AT WORK" PROGRAM
AT THE
DUPONT PLANT SITE IN CAMDEN.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3797 -- Reps. T. Brown and Thomas: A CONCURRENT RESOLUTION CONGRATULATING THE
ANDREWS YELLOW JACKETS BOYS BASKETBALL TEAM OF GEORGETOWN COUNTY ON
WINNING THE 1995
STATE CLASS AA BASKETBALL CHAMPIONSHIP AND COMPLETING AN UNDEFEATED SEASON.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3799 -- Reps. Gamble, Cobb-Hunter, Stuart, Govan, Felder and Sharpe: A CONCURRENT
RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL
ASSEMBLY TO
THE FAMILY OF MR. H. FILMORE MABRY OF ORANGEBURG, RETIRED CHIEF EXECUTIVE
OFFICER OF
THE REGIONAL MEDICAL CENTER OF ORANGEBURG AND CALHOUN COUNTIES, UPON HIS
DEATH.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3800 -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION COMMENDING THE
HONORABLE ROGER FLOWERS OF SUMMERTON FOR HIS OUTSTANDING SERVICE ON THE
AGRICULTURE
COMMISSION OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3362 -- Ways and Means Committee: A BILL 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 44-2-40, AS AMENDED, OF THE 1976 CODE, RELATING TO
THE
ESTABLISHMENT AND USES OF THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL
RESPONSIBILITY
FUND, SO AS TO
Printed Page 984 . . . . . Wednesday, March 15,
1995
PLACE THE ADMINISTRATION OF THE SUPERB FINANCIAL RESPONSIBILITY FUND
UNDER THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO CLARIFY THE
USES AND
MAXIMUM PAYOUTS OF THE FUND, AND TO PROVIDE THAT DISPUTES OVER THIRD PARTY
CLAIMS
AGAINST THE FUND MUST BE DETERMINED BY THE ADMINISTRATIVE LAW JUDGE DIVISION;
TO
AMEND SECTION 8-11-165 OF THE 1976 CODE, 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 OF THE 1976 CODE 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 OF THE 1976 CODE RELATING TO THE MANAGEMENT OF THE DEPARTMENT
OF
TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT DIRECTOR SHALL
RECOMMEND THE
SALARIES OF DEPUTY DIRECTORS; TO AMEND THE 1976 CODE 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 SUCH GOODS AND SERVICES, THE REVENUE FROM WHICH MUST
BE USED
FOR THE COSTS OF PROVIDING THE GOODS AND SERVICES; TO AMEND THE 1976 CODE 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; TO AMEND THE 1976
CODE 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
Printed Page 985 . . . . . Wednesday, March 15,
1995
AND THE JOINT LEGISLATIVE COMMITTEEON ENERGY; TO AMEND THE 1976 CODE
BY 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; TO AMEND
THE 1976
CODE BY ADDING SECTION 10-1-200 SO AS TO PROVIDE FOR THE REGULATION OF PARKING
FACILITIES OWNED OR CONTROLLED BY AGENCIES OF STATE GOVERNMENT; TO AMEND
THE 1976
CODE 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, ARE SUBJECT TO APPROVAL AND REGULATION OF THE
STATE
BUDGET AND CONTROL BOARD; TO AMEND THE 1976 CODE 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; TO AMEND THE 1976 CODE 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, OF
THE
1976 CODE 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
OF THE
1976 CODE RELATING TO ANNUAL REPORTS BY A GOVERNMENTAL BODY BEING MADE
ANNUALLY TO
THE
Printed Page 986 . . . . . Wednesday, March 15,
1995
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 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; TO AMEND THE 1976 CODE 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; TO AMEND THE 1976 CODE 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, ESTABLISHES CONDITION UNDER WHICH A STATE
EMPLOYEE WHILE DRIVING A STATE-OWNED VEHICLE IS LIABLE FOR AN ASSESSMENT; TO
AMEND
SECTION 1-11-270 OF THE 1976 CODE, 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 OF THE 1976 CODE, 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; TO AMEND
THE 1976
CODE 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; TO
AMEND THE 1976 CODE BY ADDING SECTION 1-11-450 SO AS TO
Printed Page 987 . . . . . Wednesday, March 15,
1995
ALLOW THE BUDGET AND CONTROL BOARD TO WITHHOLD LONG-TERM CARE
INSURANCE PREMIUMS FOR STATE OF SOUTH CAROLINA RETIREES; TO AMEND THE 1976
CODE BY
ADDING SECTION 2-7-78 SO AS TO PROVIDE REQUIREMENTS FOR CERTIFICATION OF
REVENUE IN
THE GOVERNOR'S RECOMMENDED APPROPRIATIONS BILL AND THE CONFERENCE
COMMITTEE REPORT ON
THE BILL; TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-195 SO AS TO ESTABLISH
GUIDELINES FOR STATE EMPLOYEE FURLOUGH POLICIES; TO AMEND THE 1976 CODE BY
ADDING
SECTION 8-11-200 SO AS TO PROVIDE THE REQUIREMENTS FOR REIMBURSEMENT OF TRAVEL
EXPENSES TO PERSONS INTERVIEWING FOR STATE EMPLOYMENT; TO AMEND THE 1976 CODE
BY
ADDING SECTION 8-11-190 SO AS TO PROVIDE FOR THE USE OF PUBLIC FUNDS TO REWARD
STATE
EMPLOYEES; TO AMEND THE 1976 CODE 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; TO
AMEND
THE 1976 CODE 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; TO AMEND THE 1976 CODE 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; TO AMEND THE 1976 CODE
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
Printed Page 988 . . . . . Wednesday, March 15,
1995
APPROPRIATIONS ACT SHALL NOT PREVENT THE ISSUANCE OFADDITIONAL BONDS
PURSUANT TO CURRENT OR FUTURE AUTHORIZATIONS IF PERMITTED BY LAW; TO AMEND
THE 1976
CODE BY ADDING SECTION 1-11-590 SO AS TO REQUIRE THE SPECIAL FUND THAT SUPPORTS
CERTAIN BONDED DEBT OF THE STATE ISSUED BEFORE DECEMBER 1, 1997, TO BE FIRST
APPLIED
TO DEBT SERVICE; TO AMEND THE CODE OF 1976 BY ADDING SECTION 2-7-107 SO AS TO
REQUIRE
SUFFICIENT APPROPRIATIONS TO PAY GENERAL OBLIGATION DEBT INCURRED AFTER
DECEMBER 1,
1977; TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-100 SO AS TO AUTHORIZE 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; TO AMEND THE 1976 CODE BY ADDING SECTION 4-5-260 SO
AS TO
PROVIDE, AMONG OTHER THINGS, 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; TO AMEND THE 1976 CODE BY ADDING SECTION 6-27-45 SO AS TO PROVIDE
THAT,
WITH RESPECT TO LOCAL GOVERNMENT AND THE STATE AID TO SUBDIVISIONS ACT,
NOTWITHSTANDING THE AMOUNT APPROPRIATED IN THE ANNUAL GENERAL
APPROPRIATION ACT FOR
"HOMESTEAD EXEMPTION REIMBURSEMENT", THERE MUST BE ANNUALLY
APPROPRIATED
WHATEVER AMOUNT IS NECESSARY TO REIMBURSE TO COUNTIES AND MUNICIPALITIES FOR
EXEMPTIONS ALLOWED IN ACCORDANCE WITH THE PROVISIONS OF LAW; TO AMEND THE
1976 CODE
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; TO AMEND THE 1976 CODE
BY ADDING
ARTICLE 10 TO CHAPTER 21 OF TITLE 8 SO AS TO PROVIDE SALARY SUPPLEMENTS FOR
CLERKS OF
COURT, PROBATE COURT JUDGES, AND SHERIFFS; TO AMEND THE 1976 CODE BY ADDING
SECTION
6-7-185 SO AS
Printed Page 989 . . . . . Wednesday, March 15,
1995
TO SPECIFY HOW THE ANNUAL APPROPRIATION TO THE REGIONAL COUNCILS OF
GOVERNMENTS IS ALLOCATED; TO AMEND THE 1976 CODE 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; TO AMEND THE 1976
CODE BY
ADDING SECTION 6-7-155 SO AS TO REQUIRE THE STATE TREASURER TO DISBURSE FUNDS TO
REGIONAL COUNCILS OF GOVERNMENT UPON APPROVAL; TO AMEND THE 1976 CODE 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; TO AMEND THE 1976
CODE 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 TO BE USABLE OR NEEDED, AND PROVIDE FOR EXEMPTIONS AND
RELATED
MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-180 SO AS TO PROVIDE
ADDITIONAL POWERS TO THE BUDGET AND CONTROL BOARD INCLUDING THE POWER TO
EXAMINE
AGENCY ACCOUNTING SYSTEMS AND REQUIRE ADOPTION OF POLICIES AND PROCEDURES
FOR PROPER
ACCOUNTING; TO PROTECT AGAINST FIRE LOSS AND DETERIORATION OF STATE PROPERTY;
TO
APPROVE DESTRUCTION OF AGENCY RECORDS; TO APPROVE PLANS FOR PERMANENT
IMPROVEMENTS
MADE BY STATE AGENCIES; TO APPROVE BLANKET BONDS INCLUDING BONDS ON
EMPLOYEES OR
STATE OFFICIALS; AND TO CONTRACT TO DEVELOP AN ENERGY UTILIZATION
MANAGEMENT SYSTEM
FOR FACILITIES UNDER THE BOARD'S CONTROL; TO AMEND SECTION 1-1-810 OF THE 1976
CODE,
RELATING TO THE PERIOD TO BE COVERED BY ANNUAL REPORTS, SO AS TO PROVIDE THAT
EACH
STATE AGENCY AND DEPARTMENT SHALL SUBMIT AN ANNUAL REPORT WHICH MUST BE
AN
ACCOUNTABILITY REPORT; AND TO AMEND SECTION 1-1-820, RELATING TO CONTENTS OF
Printed Page 990 . . . . . Wednesday, March 15,
1995
ANNUAL REPORTS, SO AS TO PROVIDE THAT AN ACCOUNTABILITY REPORT MUST
CONTAIN THE AGENCY MISSION, OBJECTIVES, AND PERFORMANCE MEASURES; TO AMEND
THE 1976
CODE 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, OF THE 1976 CODE,
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 AMEND THE 1976 CODE BY ADDING
SECTION
56-31-60 SO AS TO PROVIDE FOR A PENALTY OF ONE THOUSAND DOLLARS A VEHICLE ON
EACH
VEHICLE WHICH A CAR RENTAL COMPANY FAILS TO REGISTER AND LICENSE IN THIS STATE,
AND
FAILS TO REMIT PROPERTY TAXES IN THIS STATE AS REQUIRED BY LAW, AND TO PROVIDE
FOR
THE SEIZURE AND SUBSEQUENT DESTRUCTION OF THE VEHICLE IF THE APPROPRIATE FEES
AND
TAXES ARE NOT PAID AFTER NINETY DAYS; TO AMEND SECTION 12-21-2710 OF THE 1976
CODE,
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 INCREASE THE FEE ON
CERTAIN
MACHINES AND TO DELETE A ONE-TIME ADDITIONAL FEE; TO AMEND SECTIONS 12-21-2776
AND
12-21-2804, AS AMENDED, RELATING TO REGULATION OF VIDEO GAMES WITH A FREE PLAY
FEATURE, SO AS TO EXTEND FROM JULY 1, 1995, TO JULY 1, 1998, THE DEADLINE
Printed Page 991 . . . . . Wednesday, March 15,
1995
FOR INSTALLING METERS, TO INCREASE FROM FIVE TO EIGHT THE NUMBER OF
MACHINES ALLOWED AT A SINGLE PLACE OR PREMISES, AND TO ALLOW MACHINES TO BE
PLAYED
UNTIL TWO O'CLOCK A.M. ON SUNDAYS; AND TO REPEAL SECTION 12-21-2791, RELATING TO
LIMITS ON CASH PAYOUTS; TO REDUCE THE SOFT DRINKS TAX BY AN INCREMENTAL
ONE-SIXTH IN
FISCAL YEARS 1995-96 THROUGH 1999-2000; AND TO REPEAL ARTICLE 13, CHAPTER 21 OF
TITLE
12 OF THE 1976 CODE, RELATING TO THE IMPOSITION OF THE SOFT DRINKS TAX, EFFECTIVE
JULY 1, 2000; TO AMEND SECTION 57-11-20, AS AMENDED, OF THE 1976 CODE, RELATING TO
THE STATE HIGHWAY FUND, SO AS TO REQUIRE INTEREST EARNED FROM THE FUND TO BE
DEPOSITED IN THE FUND; TO AMEND SECTION 44-96-160, AS AMENDED, OF THE 1976 CODE,
RELATING TO THE SALE AND DISPOSAL OF MOTOR OIL, SO AS TO PROVIDE THAT MOTOR
CARRIERS
RATHER 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; TO AMEND THE 1976
CODE, 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 THAT 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
Printed Page 992 . . . . . Wednesday, March 15,
1995
SITUATIONS IN WHICH LOCAL LICENSE FEESMAY 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
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; AND TO REPEAL SECTION
58-23-580
RELATING TO LICENSE FEES FOR CLASS D CERTIFICATE HOLDERS; TO AMEND SECTIONS
24-21-510
AND 24-21-540 OF THE 1976 CODE, 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; AND TO REPEAL SECTIONS 24-21-520 AND 24-21-530 OF THE 1976 CODE,
RELATING TO PRESENTENCE INVESTIGATIONS; TO AMEND SECTION 50-11-20, AS AMENDED,
OF THE
1976 CODE, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO DELETE
PROVISIONS
PERTAINING TO THE COMMITTEE, TRANSFER ITS DUTIES AND RESPONSIBILITIES TO THE
DEPARTMENT OF NATURAL
Printed Page 993 . . . . . Wednesday, March 15,
1995
RESOURCES, AND REVISE PROCEDURES PERTAINING TO RELATED FUNDS; TO
REPEAL CHAPTER 19, TITLE 1, OF THE 1976 CODE, RELATING TO THE STATE
REORGANIZATION
COMMISSION, TO REPEAL CHAPTERS 22, 23, 25, 27, 29, 39, 43, 51, 55, AND 73, ALL OF
TITLE 2, RELATING TO VARIOUS COMMITTEES INCLUDING THOSE RELATING TO
AQUACULTURE,
INSURANCE, CRIME, ALCOHOL AND DRUG ABUSE, ELECTION LAW, MENTAL HEALTH AND
MENTAL
RETARDATION, TEXTILES, AGING, HEALTH CARE, AND THE DISABLED, TO REPEAL SECTION
11-35-520 RELATING TO THE PROCUREMENT POLICY COMMITTEE, CHAPTER 32 OF TITLE 46,
RELATING TO THE TOBACCO ADVISORY COMMISSION, ARTICLE 11, CHAPTER 3 OF TITLE 57,
RELATING TO THE INTERAGENCY COUNCIL ON PUBLIC TRANSPORTATION, AND CHAPTER
9 OF TITLE
59, RELATING TO THE COMMITTEE TO MAKE A CONTINUING STUDY OF THE EDUCATIONAL
SYSTEM;
TO AMEND THE 1976 CODE BY ADDING SECTION 11-11-325 SO AS TO ESTABLISH A SEPARATE
FUND
IN THE STATE TREASURY STYLED THE "STATE PROPERTY TAX RELIEF FUND" AND
PROVIDE THAT AMOUNTS CREDITED TO THIS FUND MUST BE USED TO PROVIDE PROPERTY
TAX
RELIEF FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Read the first time and referred to the Committee on Finance.
| Printed Page 970, Mar. 14
| Printed Page 993, Mar. 15
|
Page Finder Index
This web page was last updated on
Monday, June 29, 2009 at 2:12 P.M.