1996 Permanent Senate Journal Printed Pages 1850-1860 - South Carolina Legislature Online

Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

Printed Page 1840, Apr. 24 | Printed Page 1860, Apr. 24

Printed Page 1850 . . . . . Wednesday, April 24, 1996

Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.

Ordered for consideration tomorrow.

Senator COURTNEY from the Committee on Judiciary submitted a favorable report on:

H. 4445 -- Reps. Harrison, Baxley, Martin, D. Smith, Wofford, Jennings, Kelley and J. Young: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE THAT ALL CONTESTED CASE PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE SHALL BE GOVERNED BY THE RULES OF PROCEDURE OF THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 1-23-330, RELATING TO EVIDENTIARY MATTERS IN CONTESTED CASES, SO AS TO PROVIDE THAT THE STANDARD OF PROOF SHALL BE THE PREPONDERANCE OF THE EVIDENCE EXCEPT IN PROFESSIONAL LICENSING CASES IN WHICH THE STANDARD OF PROOF SHALL BE CLEAR AND CONVINCING EVIDENCE; TO AMEND SECTION 1-23-570, RELATING TO THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION BEING RESPONSIBLE FOR THE ADMINISTRATION OF THE DIVISION, SO AS TO PROVIDE THAT THE CHIEF JUDGE SHALL ASSIGN JUDGES TO HEAR ALL CASES RATHER THAN CONTESTED CASES COMING BEFORE THE DIVISION; TO AMEND SECTION 1-23-580, RELATING TO THE CLERK OF THE ADMINISTRATIVE

Printed Page 1851 . . . . . Wednesday, April 24, 1996

LAW JUDGE DIVISION AND OTHER SUPPORT STAFF, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE CHIEF JUDGE TO HIRE AND SUPERVISE CERTAIN SUPPORT STAFF, AND TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE AN ADMINISTRATIVE ASSISTANT AS INDIVIDUALLY ALLOTTED AND AUTHORIZED IN THE ANNUAL GENERAL APPROPRIATIONS ACT; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THESE RULES AND THEIR PROMULGATION AND REVIEW; AND TO AMEND SECTION 48-39-160, AS AMENDED, RELATING TO JURISDICTION OF THE CIRCUIT COURT TO RESTRAIN VIOLATIONS OF COASTAL ZONE PROVISIONS, SO AS TO TRANSFER THIS JURISDICTION TO THE ADMINISTRATIVE LAW JUDGE DIVISION.

Ordered for consideration tomorrow.

Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:

H. 4600 -- 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, 1996, 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 REPEAL SECTIONS 11-11-60, 11-11-130, AND 11-25-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSOLETE PROVISIONS RELATING TO THE FORMER RESPONSIBILITIES OF THE STATE BUDGET AND CONTROL IN THE BUDGET-MAKING PROCESS AND AGENCY REPORTING REQUIREMENTS; TO REPEAL SECTION 1-11-21 OF THE 1976 CODE, RELATING TO REPORTING DATES FOR THE ANNUAL BUDGET REPORT; TO AMEND SECTION 48-48-140 OF THE 1976 CODE, RELATING TO THE TAX ON LOW-LEVEL RADIOACTIVE WASTE DISPOSAL OF TWO HUNDRED THIRTY-FIVE DOLLARS A CUBIC FOOT AND THE DISTRIBUTION OF THIS REVENUE, AND SECTION 59-143-10, RELATING TO THE SOUTH CAROLINA EDUCATIONAL

Printed Page 1852 . . . . . Wednesday, April 24, 1996

ASSISTANCE ENDOWMENT FUND (FUND), SO AS TO CHANGE THE NAME OF THIS FUND TO THE "CHILDREN'S EDUCATION ENDOWMENT"; TO AMEND SECTION 12-28-2720 OF THE 1976 CODE, RELATING TO DISTRIBUTION OF THE REVENUES OF THE 10.34 CENTS A GALLON TAX ON GASOLINE, SO AS TO PHASE-IN THE CREDITING OF THE TOTAL AMOUNT OF THE TAX TO THE STATE HIGHWAY FUND; TO AMEND SECTION 12-28-2470(C), AS AMENDED, OF THE 1976 CODE, RELATING TO THE "C" FUNDS PROGRAM, SO AS TO INCREASE FROM TWENTY-FIVE TO FIFTY PERCENT THAT PORTION OF A COUNTY'S ALLOCATION OF "C" FUNDS THAT MUST BE EXPENDED ON HIGHWAY CONSTRUCTION, IMPROVEMENTS, AND MAINTENANCE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-935 SO AS TO PROVIDE A PHASED-IN INCREASE IN THE DEPRECIATION ALLOWANCE FOR MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX AND TO PROVIDE FOR THE REIMBURSEMENT OF LOCAL TAXING ENTITIES FOR REVENUES NOT COLLECTED BECAUSE OF THIS ADDITIONAL DEPRECIATION; AND TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND DEPRECIATION OF MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CONFORM IT TO THE PROVISIONS OF SECTION 12-37-935 AS ADDED BY THIS ACT; TO AMEND SECTION 12-28-2730 OF THE 1976 CODE, RELATING TO THAT PORTION OF GASOLINE TAX CREDITED TO THE SPECIAL WATER RECREATIONAL RESOURCES FUND, SO AS TO PROVIDE FOR THE REIMBURSEMENT OF THE DEPARTMENT OF NATURAL RESOURCES FOR NOXIOUS AQUATIC WEED TREATMENT; TRANSFERRING ADMINISTRATION OF THE BATTERED SPOUSE PROGRAM OF THE DEPARTMENT OF SOCIAL SERVICES AND THE RAPE CRISIS CENTER PROGRAM OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE STATE OFFICE OF VICTIM'S ASSISTANCE IN THE OFFICE OF THE GOVERNOR; TO REPEAL SECTION 11-9-60 OF THE 1976 CODE, RELATING TO CERTAIN OFFICES FURNISHING THE COMPTROLLER GENERAL WITH REPORTS OF EVIDENCES OF INDEBTEDNESS DUE TO THE STATE; TO REPEAL SECTION 1-11-380 OF THE 1976 CODE, RELATING TO THE STATEWIDE VENDOR CODING SYSTEM AND SECTION 1-11-390, RELATING TO THE COMPTROLLER GENERAL'S

Printed Page 1853 . . . . . Wednesday, April 24, 1996

ACCUMULATION AND REPORTING OF EXPENDITURE TRANSACTIONS AND HIS DETERMINATION OF THE SUMMARY LEVEL FOR REPORTING UNDER THE FISCAL ACCOUNTABILITY ACT; TO REPEAL SECTION 11-5-40 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF DUPLICATE RECEIPTS TO CERTAIN PERSONS; TO REPEAL SECTION 11-9-100 OF THE 1976 CODE, RELATING TO THE BUDGET AND CONTROL BOARD'S AUTHORITY TO WITHHOLD APPROPRIATIONS FROM AN AGENCY FAILING TO CORRECT CERTAIN DEFICIENCIES OR VIOLATIONS CITED IN INTERNAL OPERATIONS; TO AMEND SECTION 10-1-140 OF THE 1976 CODE, RELATING TO RESPONSIBILITY FOR PERSONAL PROPERTY OF STATE DEPARTMENTS, AGENCIES, AND INSTITUTIONS, SO AS TO PLACE RESPONSIBILITY FOR SUCH PROPERTY IN THE AGENCY HEAD REGARDLESS OF THE NUMBER OF EMPLOYEES; TO AMEND THE 1976 CODE BY ADDING SECTION 8-15-65 SO AS TO REQUIRE ANNUAL APPROPRIATIONS BY THE GENERAL ASSEMBLY FOR SALARY SUPPLEMENTS FOR COUNTY CLERKS OF COURT, PROBATE JUDGES, SHERIFFS, REGISTERS OF MESNE CONVEYANCES, COUNTY AUDITORS, AND COUNTY TREASURERS TO PROVIDE FOR THE MANNER OF PAYMENT OF THESE SUPPLEMENTS, AND TO PROVIDE FOR A REDUCTION IN THE DISTRIBUTION DUE A COUNTY UNDER THE STATE AID TO SUBDIVISIONS ACT WHEN A COUNTY REDUCES THE SALARY OR REDUCES THE OFFICE FUNDING FOR ANY OF THESE OFFICES; TO AMEND SECTION 2-1-180 OF THE 1976 CODE, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING; EXTENDING THE REPAYMENT SCHEDULE OF SUMS TRANSFERRED TO THE CITY OF CHARLESTON FROM FUNDS SET ASIDE FOR THE PATRIOT'S POINT AUTHORITY; TO AMEND SECTION 59-104-20 OF THE 1976 CODE, RELATING TO

Printed Page 1854 . . . . . Wednesday, April 24, 1996

THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO DELETE THE REQUIREMENT THAT THE INSTITUTION IN WHICH THE STUDENT IS ENROLLED SHALL PROVIDE ONE-HALF OF THE SCHOLARSHIP; TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO REVISE DEFINITIONS, DELETE ISSUANCE APPROVAL REQUIREMENTS BY THE STATE BUDGET AND CONTROL BOARD, EXTEND THE BOND AUTHORITY TO RECONSTRUCTION, RENOVATION, AND EQUIPPING OF ATHLETIC FACILITIES, CONFORM PROVISIONS TO REVISED DEFINITIONS, DELETE THE REQUIREMENT THAT ALL HOME FOOTBALL GAMES BE PLAYED AT THE UNIVERSITY'S STADIUM, TO ALLOW THE ISSUE OF TERM BONDS, AND DELETE SPECIFIC REQUIREMENTS RELATING TO BOND MATURITIES, TO EXTEND THE TAX EXEMPTIONS OF SUCH BONDS AND DELETE AN OBSOLETE REFERENCE, TO DELETE LIMITATIONS AND OBSOLETE PROVISIONS RELATING TO THE SALE OF THESE BONDS, TO MAKE VOLUNTARY THE ESTABLISHMENT OF A BOND RESERVE FUND AND TO ALLOW OTHER PROCEEDS TO BE CREDITED TO THE DEBT SERVICE FUND OR BOND RESERVE FUND, AND TO AUTHORIZE TRUSTEES ADDITIONAL POWERS WITH RESPECT TO THE USE OF PROCEEDS OF THESE BONDS; TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 147 ENACTING THE HIGHER EDUCATION REVENUE BOND ACT AUTHORIZING FOUR-YEAR PUBLIC INSTITUTIONS OF HIGHER EDUCATION TO ISSUE REVENUE BONDS TO FINANCE IMPROVEMENTS AND EQUIPMENT AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED; TO AMEND SECTION 59-1-452, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM, SECTION 59-6-12, AS AMENDED, RELATING TO THE EDUCATION IMPROVEMENT ACT SELECT COMMITTEE, SECTION 59-6-30, AS AMENDED, RELATING TO THE ANNUAL ASSESSMENT OF THE EDUCATION IMPROVEMENT ACT, SECTION 59-18-15, AS AMENDED, RELATING TO THE REQUIREMENTS OF THE DEFINED MINIMUM PROGRAM AND OTHER PROGRAMS, AND SECTION 59-141-10, AS AMENDED, RELATING TO NATIONAL EDUCATION GOALS, SO AS TO DELETE REFERENCES TO THE BUSINESS-EDUCATION

Printed Page 1855 . . . . . Wednesday, April 24, 1996

PARTNERSHIP FOR EXCELLENCE IN EDUCATION AND ITS BUSINESS-EDUCATION SUBCOMMITTEE; AND TO REPEAL SECTIONS 59-6-15, 59-6-16, 59-6-17, AND 59-6-20, RELATING TO THE BUSINESS-EDUCATION PARTNERSHIP, THE BUSINESS-EDUCATION SUBCOMMITTEE, AND SPECIFIC DUTIES AND POWERS THEREOF; TO ENACT THE "SOUTH CAROLINA CHILDREN'S EDUCATION ENDOWMENT ACT OF 1996" INCLUDING PROVISIONS TO AMEND CHAPTER 143, TITLE 59 OF THE 1976 CODE, RELATING TO THE EDUCATIONAL ASSISTANCE ENDOWMENT FUND, SO AS TO CHANGE THE NAME OF THE FUND TO THE CHILDREN'S EDUCATION ENDOWMENT FUND, DELETE THE AUTHORITY TO ACCUMULATE MONIES IN THE FUND, FURTHER PROVIDE FOR THE MANNER IN WHICH SUCH FUNDS SHALL BE USED, AND TO REQUIRE THAT BEGINNING WITH THE 1996-97 FISCAL YEAR, MONIES IN THE FUND MUST BE DISTRIBUTED QUARTERLY; TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO PROVIDE FOR A PUBLIC SCHOOL FACILITIES ASSISTANCE PROGRAM WHICH ESTABLISHES THE MANNER IN WHICH FUNDS AVAILABLE FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND SHALL BE USED TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES AND FOR OTHER EDUCATIONAL PURPOSES; AND TO AMEND ACT 145 OF 1995, RELATING TO THE 1995-96 GENERAL APPROPRIATIONS ACT, SO AS TO REVISE THE MANNER IN WHICH FUNDS OF THE CHILDREN'S EDUCATION ENDOWMENT FUND ARE DISTRIBUTED FOR FISCAL YEAR 1995-96; TO AMEND SECTION 14-1-200 OF THE 1976 CODE, RELATING TO THE SALARIES OF SUPREME COURT JUSTICES, JUDGES OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT, AND CIRCUIT SOLICITORS, SO AS TO PROVIDE THAT CIRCUIT SOLICITORS SHALL RECEIVE A SALARY NOT LESS THAN THE SALARY OF JUDGES OF THE COURT OF APPEALS AND CIRCUIT COURT JUDGES; TO AMEND SECTION 16-3-26, AS AMENDED, OF THE 1976 CODE, RELATING TO THE NOTICE THE SOLICITOR MUST GIVE TO A DEFENSE ATTORNEY WHEN HE SEEKS THE DEATH PENALTY, THE APPOINTMENT OF ATTORNEYS, AND THE PROVISION OF INVESTIGATIVE, EXPERT, OR OTHER SERVICES TO INDIGENT PERSONS FACING THE DEATH PENALTY, SO AS TO REVISE THE PROVISIONS RELATING TO THE PAYMENT OF FEES AND EXPENSES ASSOCIATED WITH THE DEFENSE OF CERTAIN

Printed Page 1856 . . . . . Wednesday, April 24, 1996

INDIGENTS, AND THE QUALIFICATIONS AND APPOINTMENT OF ATTORNEYS HANDLING DEATH PENALTY CASES; TO AMEND SECTION 17-3-30, AS AMENDED, RELATING TO INDIGENTS WHO HAVE BEEN APPOINTED LEGAL COUNSEL, CERTAIN FEES THESE PERSONS ARE REQUIRED TO PAY FOR LEGAL SERVICES, AND FUNDS SET ASIDE FOR THE DEFENSE OF INDIGENT, SO AS TO REVISE THE PROCESS OF COLLECTING FEES FROM INDIGENTS WHO HAVE BEEN APPOINTED LEGAL COUNSEL; TO AMEND SECTION 17-3-330, AS AMENDED, RELATING TO DUTIES OF THE OFFICE OF INDIGENT DEFENSE, SO AS TO PROVIDE FOR THE DISTRIBUTION OF UNEXPENDED FUNDS AND THE QUALIFICATIONS A PERSON SHALL POSSESS TO BE APPOINTED BY THE COURT AND COMPENSATED BY THE DEATH PENALTY TRIAL FUND; TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DIVISION OF SECURITIES OF THE OFFICE OF THE SECRETARY OF STATE ARE DEVOLVED UPON THE ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996, TO PROVIDE THAT THE ATTORNEY GENERAL SHALL ADMINISTER THE SOUTH CAROLINA UNIFORM SECURITIES ACT AND SHALL SERVE EX OFFICIO AS THE SECURITIES COMMISSIONER, TO PROVIDE THAT ALL PERSONNEL, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE DIVISION OF SECURITIES ALSO SHALL BE TRANSFERRED TO THE ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-220 SO AS TO ALLOW THE ATTORNEY GENERAL TO RETAIN A PORTION OF FEES AND PROCEEDS IN SETTLEMENT OF VIOLATIONS TO OFFSET COSTS OF ADMINISTERING THE UNIFORM SECURITIES ACT; AND TO AMEND SECTIONS 35-1-20 AND 35-1-30 OF THE 1976 CODE, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO REFLECT THE ATTORNEY GENERAL AS BEING THE SECURITIES COMMISSIONER WHO SHALL ADMINISTER THE ACT; TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DIVISION OF PUBLIC CHARITIES OF THE OFFICE OF THE SECRETARY OF STATE ARE DEVOLVED UPON THE ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996; TO TRANSFER ALL PERSONNEL, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE DIVISION OF PUBLIC CHARITIES TO THE ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996; TO PROVIDE THAT THE ATTORNEY GENERAL SHALL ADMINISTER THE "SOUTH CAROLINA SOLICITATION OF

Printed Page 1857 . . . . . Wednesday, April 24, 1996

CHARITABLE FUNDS ACT"; AND TO AMEND SECTIONS 33-56-20, 33-56-30, 33-56-40, 33-56-50, 33-56-60, 33-56-70, 33-56-80, 33-56-90, 33-56-100, 33-56-110, 33-56-120, 33-56-130, 33-56-140, 33-56-150, 33-56-160, AND 33-56-190 OF THE 1976 CODE, ALL RELATING TO THE SOLICITATION OF CHARITABLE FUNDS, SO AS TO DELETE REFERENCES TO THE SECRETARY OF STATE AND REFLECT THE ATTORNEY GENERAL AND HIS OFFICE AS THE OFFICIAL AND THE AGENCY TO ADMINISTER THE PROVISIONS OF THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT" AND TO ALLOW THE ATTORNEY GENERAL TO RETAIN A PORTION OF ADMINISTRATIVE FINES TO OFFSET THE EXPENSES OF ENFORCEMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-60 SO AS TO PROVIDE THAT REVENUES COLLECTED BY THE DEPARTMENT OF PUBLIC SAFETY MUST BE CREDITED TO A SEPARATE FUND IN THE STATE TREASURY FOR THE USE OF THE DEPARTMENT, TO PROVIDE FOR TRANSITION FUNDING, TO PROVIDE AN UNLIMITED CARRY FORWARD, AND TO ESTABLISH THE DEPARTMENT'S FUNDING AS AN ANNUAL BASE APPROPRIATION BY THE GENERAL ASSEMBLY; TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-35 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE AND COLLECT FEES IN ACCORDANCE WITH SECTION 30-4-30 OF THE FREEDOM OF INFORMATION ACT FOR PROVIDING COPIES OF CERTAIN RECORDS MAINTAINED BY THE DEPARTMENT AND TO PROVIDE FOR THE USE OF REVENUES GENERATED BY THIS PROVISION; TO AMEND SECTION 30-4-40, AS AMENDED, OF THE 1976 CODE, RELATING TO MATTERS THAT ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY SELL CERTAIN INFORMATION TO CORPORATIONS WHICH ARE LICENSED TO DO BUSINESS IN THIS STATE; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-60, AND 59-73-35 SO AS TO IMPOSE LIMITS ON CERTAIN PROPERTY TAX MILLAGE AND FEE INCREASES IMPOSED BY COUNTIES AND MUNICIPALITIES, AND ON THE USE OF NEW REVENUE SOURCES FOR OPERATING PURPOSES AND TO PROVIDE EXCEPTIONS, TO IMPOSE LIMITS ON CERTAIN PROPERTY TAX MILLAGE INCREASES IMPOSED BY SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS AND ON THE USE OF NEW REVENUE SOURCES FOR OPERATING PURPOSES AND TO

Printed Page 1858 . . . . . Wednesday, April 24, 1996

PROVIDE EXCEPTIONS; AND TO IMPOSE LIMITS ON CERTAIN PROPERTY TAX MILLAGE INCREASES IMPOSED BY THE GOVERNING BODIES AUTHORIZED BY LAW TO LEVY SCHOOL TAXES AND ON THE USE OF NEW REVENUE SOURCES FOR OPERATING PURPOSES AND TO PROVIDE EXCEPTIONS; TO MAKE THE PAYMENT OF REIMBURSEMENTS FOR HOMESTEAD EXEMPTIONS CONDITIONAL ON THESE ENTITIES CERTIFYING IN WRITING TO THE COMPTROLLER GENERAL THAT THEY HAVE MET THESE REQUIREMENTS; AND TO AMEND SECTION 11-11-440, RELATING TO THE PROHIBITION ON GENERAL TAX INCREASES OR NEW GENERAL TAXES AS PERMANENT PROVISIONS IN APPROPRIATIONS BILLS, SO AS TO REQUIRE THE SEPARATE LEGISLATION REQUIRED FOR THESE PURPOSES TO PASS EACH HOUSE OF THE GENERAL ASSEMBLY BY AT LEAST A MAJORITY OF TWO-THIRDS OF THE MEMBERS; TO AMEND SECTION 11-11-330 OF THE 1976 CODE, RELATING TO THE STATE PROPERTY TAX RELIEF FUND, SO AS TO PROVIDE FOR A SPECIFIC REIMBURSEMENT TO SCHOOL DISTRICTS FOR REVENUES LOST TO THE HOMESTEAD EXEMPTION; AND TO AMEND SECTION 12-37-251, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION FROM SCHOOL OPERATING TAXES, SO AS TO PROVIDE FOR AN EXEMPTION AMOUNT OF ONE HUNDRED THOUSAND DOLLARS OF FAIR MARKET VALUE AND USING A BASE YEAR MILLAGE RATE EQUAL TO THE SCHOOL OPERATING MILLAGE FOR THE 1996-97 SCHOOL YEAR.

Ordered for consideration tomorrow.

Status Report from the Chairman

Senate Finance Committee--H. 4600

Senator DRUMMOND, with unanimous consent, was granted leave to address the body regarding the Report of the Finance Committee on H. 4600, the General Appropriation Bill.

Senator DRUMMOND from the Committee on Finance submitted a favorable with amendment report on:

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.

Ordered for consideration tomorrow.

Printed Page 1859 . . . . . Wednesday, April 24, 1996

Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

H. 4676 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-21-3320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF BINGO GAMES AND DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "NONPROFIT ORGANIZATION".

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:

H. 4694 -- Reps. Harrison, Wofford, Stuart, Hodges, Neal, Cave, Govan, Baxley, Knotts, Meacham, Bailey, Delleney, Shissias, Klauber, Simrill, Thomas, Clyburn, Wright, Fulmer, Jennings, Martin, J. Harris, Kinon, J. Young, Boan, Limbaugh, McCraw, Young-Brickell, T. Brown, Scott, Tucker, White, D. Smith and Phillips: A BILL TO AMEND SECTION 58-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE COMPANIES AND DEFINITIONS, SO AS TO ADD PROVISIONS DEFINING "BASIC LOCAL EXCHANGE TELEPHONE SERVICE", "CARRIER OF LAST RESORT", "INCUMBENT LOCAL EXCHANGE CARRIER" OR "INCUMBENT LEC", "LOCAL EXCHANGE CARRIER" OR "LEC", "NEW ENTRANT LOCAL EXCHANGE CARRIER" OR "NEW ENTRANT LEC", "SMALL LOCAL EXCHANGE CARRIER" OR "SMALL LEC", "TELECOMMUNICATIONS SERVICES", AND "UNIVERSAL SERVICE"; TO AMEND SECTION 58-9-280, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MUST BE OBTAINED BEFORE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, THE PUBLIC SERVICE COMMISSION MAY GRANT A CERTIFICATE TO OPERATE AS A TELEPHONE UTILITY TO APPLICANTS PROPOSING TO FURNISH LOCAL TELEPHONE SERVICE IN THE SERVICE TERRITORY OF AN "INCUMBENT LEC", SUBJECT TO CERTAIN CONDITIONS AND EXEMPTIONS, AND TO PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-576 SO AS TO PROVIDE THAT AN "INCUMBENT LEC" MAY ELECT TO HAVE RATES, TERMS, AND CONDITIONS PURSUANT TO THE PLAN

Printed Page 1860 . . . . . Wednesday, April 24, 1996

DESCRIBED IN THIS SECTION, AND TO PROVIDE FOR RELATED MATTERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-577 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTIONS 58-9-575 AND 58-9-576, A "SMALL LEC" MAY ELECT TO HAVE THE RATES, TERMS, AND CONDITIONS OF ITS SERVICES DETERMINED PURSUANT TO ALTERNATIVE FORMS OF REGULATION, WHICH MAY DIFFER AMONG COMPANIES AND MAY INCLUDE, BUT NOT BE LIMITED TO, PRICE REGULATION, RATHER THAN RATE OF RETURN OR OTHER FORMS OF EARNING REGULATION, AND TO PROVIDE FOR RELATED MATTERS.

Ordered for consideration tomorrow.

Printed Page 1840, Apr. 24 | Printed Page 1860, Apr. 24

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