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(2) prior to July 1, 1996, or in the case of a commercial customer prior to effective October 1, 1996,extended such services to the customer under any circumstances without, prior to July 1, 1996, or in the case of a commercial customer prior to effective October 1, 1996, any specific agreement with respect to annexation."

C. Article 19, Chapter 31, Title 5 of the 1976 Code is amended by adding:

"Section 5-31-1940. (A) Notwithstanding any other provision of law and effective July 1, 1996, or in the case of a commercial customer effective October 1, 1996, no municipality may, by ordinance or otherwise, impose upon a customer receiving water or sewer services from the municipality whose property is without the corporate limits of the municipality, or upon a subsequent purchaser, assignee, transferee or other successor in interest to the property served, a requirement that the customer refrain from opposing annexation or consent to annexation as a condition of continued receipt of water or sewer services.

(B) Subsection (A) only applies if the municipality has:

(1) prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, extended water or sewer services to the customer, pursuant to a contractual agreement which did not contain, prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, a clause or provision prohibiting the customer from opposing annexation or requiring the customer's consent to annexation if such property becomes contiguous to the municipality; or

(2) prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, extended such services to the customer under any circumstances without, prior to July 1, 1996, or in the case of a commercial customer prior to October 1, 1996, any specific agreement with respect to annexation."

D. This section takes effect upon approval by the Governor./

Amend sections, totals and title to conform.

Senator RYBERG explained the amendment.

Senator RYBERG moved that the amendment be adopted.

The amendment was adopted.

Senator LAND proposed the following Amendment No. 78 (JIC\5916AC.96), which was ruled out of order:

Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

TO AMEND SECTION 61-3-440, AS AMENDED, OF THE 1976 CODE, RELATING TO PROHIBITING ISSUING ALCOHOLIC BEVERAGE LICENSES WITHIN A CERTAIN DISTANCE OF CHURCHES, SCHOOLS, OR PLAYGROUNDS, SO AS TO REVISE THE EXEMPTIONS.

Section 61-3-440 of the 1976 Code, as last amended by Section 1583 of Act 181 of 1993, is further amended to read:

"Section 61-3-440. The department shall not grant or issue any license provided for in this chapter, Chapter 7, and Article 3 of Chapter 13, if the place of business is within three hundred feet of any church, school, or playground situated within a municipality or within five hundred feet of any church, school, or playground situated outside of a municipality. Such distance shall be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of such church, school, or playground, which, as used herein, shall be defined as follows:

(1) `Church', an establishment, other than a private dwelling, where religious services are usually conducted;

(2) `School', an establishment, other than a private dwelling where the usual processes of education are usually conducted; and

(3) `Playground', a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation.

The above restrictions shall do not apply to the renewal of licenses existing on July 10, 1960 or to locations then existing and they do not apply to new applications for locations which are licensed at the time the new application is filed with the department."/

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

Senator FAIR raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator LAND spoke on the Point of Order.

Senator PASSAILAIGUE spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senators RICHTER and WASHINGTON proposed the following Amendment No. 125 (4600R403.LER), which was adopted:

Amend the bill, as and if amended, Part II, page 662, after line 34, by adding a new section to read:

/

TO AMEND SECTION 12-6-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MODIFICATIONS REGARDING INDIVIDUAL TAXABLE INCOME, SO AS TO PROVIDE THAT A TAXPAYER MAY CLAIM AN EXEMPTION FOR THE EXEMPTION AMOUNT FOR EACH FOSTER CHILD WHO RESIDES WITH THE TAXPAYER FOR OVER HALF OF THE YEAR WHO DID NOT OTHERWISE QUALIFY AS A DEPENDENT.

A. Section 12-6-1130 of the 1976 Code is amended by adding an appropriately numbered item:

"( ) Internal Revenue Code Sections 151 and 152 shall be applied such that a taxpayer may claim an exemption for the exemption amount for each foster child who resides with the taxpayer for over half of the year who did not qualify as a dependent under Internal Revenue Code Section 152. The deduction allowed under Section 12-6-1160 shall be applicable to a foster child for whom an exemption is allowed under this subsection to the same extent as otherwise allowed for a child under Section 12-6-1160."/

B. This section takes effect upon approval by the Governor and applies to tax years beginning after 1996.

Amend sections, totals and title to conform.

Senator RICHTER explained the amendment.

The amendment was adopted.

Senator ELLIOTT proposed the following Amendment No. 126 (PT\2502SD.96), which was ruled out of order:

Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

by adding a new section to read:

TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL CONDUCT A STATEWIDE REFERENDUM AT THE SAME TIME AS THE 1996 GENERAL ELECTION ON THE QUESTION OF RAISING THE GASOLINE TAX BY FIVE CENTS A GALLON WITH THE PROCEEDS TO BE DEPOSITED IN A NEW SEPARATE HIGHWAY CONSTRUCTION FUND AS ESTABLISHED BY LAW.

A. The State Election Commission shall conduct a statewide referendum at the same time as the 1996 general election on the question of raising the gasoline tax by five cents a gallon with the proceeds to be deposited in a new separate Highway Construction Fund as established by law.

B. The referendum question shall read: "Do you favor raising the gasoline tax by five cents a gallon with the proceeds to be deposited in the a separate new State Highway Construction Fund as established by law?"

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word "Yes", and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word "No"./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator ELLIOTT argued in favor of the adoption of the amendment.

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act." The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Senator MOORE asked unanimous consent to make a motion that the members of the Medical Affairs Committee be granted leave to attend a committee meeting at 4:00 P.M., that they be notified of any roll call

There was no objection and the motion was adopted.

Senator LAND proposed the following Amendment No. 139 (DKA\3729HTC.96), which was adopted:

Amend the bill, Part II, Permanent Provisions, the unnumbered SECTION added by amendment designated number 109, document name BBM\10831CM.96, as and if amended, in Section 58-17-4096, by striking subsection (C) which reads:

/(C) Revenues collected from these fines must be remitted to the Department of Public Safety's Safety and Grant Programs./

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

The amendment was adopted.

Senators PEELER and LEVENTIS proposed the following Amendment No. 140A (4600R228.HSP), which was adopted:

Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

TO REQUIRE THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION TO ATTEMPT TO SECURE A PRIVATE CONTRACTOR FOR THE OPERATION OF ITS DAYCARE FACILITY IN ACCORDANCE WITH CERTAIN ACCREDITATION STANDARDS, AND REQUIRE THE COMMISSION TO MAKE A REPORT BY MARCH 1, 1997, INCLUDING ITS ACTION TAKEN AND THEIR EFFECTS ON THE DAYCARE FACILITY REVENUE AND ENROLLMENT, A DETAILED EXPENDITURE REPORT FOR DAYCARE FACILITY OPERATIONS IN CALENDAR YEAR 1996, AND AN OPERATION BUDGET FOR DAYCARE FACILITY OPERATIONS IN CALENDAR YEAR 1997.

Subject to the provisions of Chapter 35 of Title 11, the South Carolina Educational Television Commission shall attempt to secure a private contractor for the operation of its daycare facility in accordance with the National Association for the Education of Young Children (NAEYC) accreditation standards. The commission shall submit a report to the State

Amend sections, totals and title to conform.

Senator PEELER explained the amendment.

Senator PEELER moved that the amendment be adopted.

The amendment was adopted.

Senator REESE proposed the following Amendment No. 142 (GJK\22787HTC.96), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

TO AMEND SECTION 56-3-2150, AS AMENDED, AND SECTION 56-3-2170 OF THE 1976 CODE, 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, TO REQUIRE A MINIMUM OF THIRTY REQUESTS BEFORE SUCH PLATES MAY BE ISSUED, AND FOR PERIODIC REPORTING ON THE COSTS OF PRODUCTION AND ADMINISTRATION OF THESE SPECIAL PLATES.

A. Section 56-3-2150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-2150. The department may issue special motor vehicle license plates to mayors, members of municipal and county councils, and to county coroners of this State for private motor vehicles registered in their names. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-20, and only Only one plate may be issued to a mayor, councilman, or coroner. The plate must be issued or revalidated biennially for the regular registration and licensing period. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section

B. Section 56-3-2170 of the 1976 Code is amended to read:

"Section 56-3-2170. The license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made to and approved by the department. It is unlawful for any a person to whom such a plate has been issued to knowingly permit it to be displayed on any vehicle except the one authorized by the department. If a holder of such a the plate ceases to be a mayor, member of the municipal or county council, or ceases to be county coroner, he shall immediately return immediately the plate to the department."/

Amend sections, totals and title to conform.

Senator REESE explained the amendment.

Senator LEVENTIS spoke on the amendment.

The amendment was adopted.

Senator LAND proposed the following Amendment No. 143 (PT\2406CM.96), which was adopted:

Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

TO AMEND SECTIONS 12-27-1290 AND 12-28-2920, BOTH AS AMENDED, OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT AND CONSTRUCTION OF TOLL ROADS, SO AS TO REVISE THE DISBURSEMENT OF FUNDS DERIVED FROM TOLLS AND THE CONDITIONS UPON WHICH TOLL CHARGES SHALL CEASE; TO AMEND SECTION 57-5-1320, AS AMENDED, RELATING TO TURNPIKE PROJECT DEFINITIONS, SO AS TO REVISE CERTAIN DEFINITIONS AND TO DEFINE GENERAL OBLIGATION BOND; TO AMEND SECTION 57-5-1360, RELATING TO CERTAIN POWERS AND DUTIES OF THE STATE BUDGET

A. Section 12-27-1290 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 12-27-1290. The department must shall review projects for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department. The funds derived from tolls must be:

(1) returned credited to the State Highway Fund until the fund is reimbursed or retained and applied by the entity or entities developing the toll road pursuant to an agreement authorized under Section 57-3-200 for the purpose of funding the cost of construction, financing, operation, and maintenance of the toll project; or

(2) used to service bonded indebtedness for highway transportation purposes incurred pursuant to Paragraph 9, Section 13, Article X of the South Carolina Constitution.

Upon reimbursement repayment of the cost of construction and financing, all toll charges shall cease."

B. Section 12-28-2920 of the 1976 Code, as added by Act 136 of 1995, is amended to read:

"Section 12-28-2920. The department shall review projects for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department. The funds derived from tolls must be:

(1) returned credited to the State Highway Fund until the fund is reimbursed or retained and applied by the entity or entities developing the toll road pursuant to an agreement authorized under Section 57-3-200 for the purpose of funding the cost of construction, financing, operation, and maintenance of the toll project; or

Upon reimbursement repayment of the cost of construction and financing, all toll charges shall cease."

C. Section 57-5-1320 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 57-5-1320. Unless the context indicates another meaning or intent:

(1) `Department' means the Department of Transportation;

(2) `Turnpike facility' means any express highway or limited access highway constructed under the provisions of this article by the department, whether or not financed with turnpike bonds, including any bridge, tunnel, overpass, underpass, interchange, entrance plaza, approach, toll house, service station and administration and storage and other buildings and facilities which the department may deem considers necessary or desirable therefor. A turnpike facility may constitute constitutes a portion or extension of any existing or proposed highway in the state highway system;

(3) `Bonds or turnpike bonds' means revenue bonds of the State authorized under the provisions of this article and Paragraph (9), Section 13, Article X of the South Carolina Constitution;

(4) `State board' means the State Budget and Control Board;

(5) `Turnpike facility revenues' means all revenues resulting from tolls or other charges derived from the operation of a turnpike facility, including revenues derived from concession leases or other concessionaire operated facilities;

(6) `Bond resolution' means the resolution of the state board making provision for the issuance of turnpike revenue bonds.;

(7) `General obligation bonds' means state highway bonds issued pursuant to Paragraph (6)(a), Section 13, Article X of the South Carolina Constitution."

D. Section 57-5-1360 of the 1976 Code is amended to read:

"Section 57-5-1360. Following the receipt of any a request pursuant to Section 57-5-1350, the state board shall review the request and, to the extent that it approves the request, it may effect, by resolution duly adopted, effect the issuance of turnpike bonds, or pending the their issuance thereof, may effect the issuance of bond anticipation notes pursuant to Title 11, Chapter 17. No A resolution approving any proposed turnpike facility bonds may not be adopted unless prior thereto

E. Section 57-5-1450 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 57-5-1450. (A) Following the approval of the proposed project, The state board may, by resolution duly adopted, may make provision for the issuance of turnpike bonds. In the resolution, the state board may prescribe the following:

1. Whether the bonds are to be:

(a) revenue bonds payable solely from turnpike facility revenues;

(b) general obligation bonds of the State; or

(c) [Deleted]

2.(1) the amount, denomination, and numbering of turnpike bonds to be issued;

3.(2) the date as of which they must be issued;

4.(3) the maturity schedule for the retirement of the turnpike bonds;

5.(4) the form or forms of the bonds of the particular issue;

6.(5) the redemption provisions, if any, applicable to the bonds;

7.(6) the maximum rate or rates of interest the bonds shall bear;

8.(7) the specific purposes for which the bonds must be issued;

9.(8) the purposes for which the proceeds of the bonds must be expended, in the discretion of the state board, a portion of the proceeds may be used as capitalized interest during the period of construction and initial operation and for the creation of appropriate debt service reserves;

10.(9) the method and conditions by which turnpike revenues from the turnpike facility so financed must be collected and utilized;

11.(10) the extent to which and the conditions under which additional parity bonds may be issued;

12.(11) any covenant considered necessary protecting the turnpike facility so financed from possible future competition from other highways or comparable facilities;

13.(12) the method by which the bonds must be sold and such other matters as may be considered necessary in order to effect the sale, issuance, and delivery thereof of the bonds.

(B) Except as otherwise provided in this article, all expenses incurred in carrying out the provisions of this article are payable solely from funds provided under the authority of this article or from any funds provided by the federal government or from other special sources and no liability or obligation may be incurred by the department beyond the extent to which money has been provided under the provisions of this article.

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