H*3690(Rat #0218, Act #0146 of 1995)  Joint Resolution, By 
 House Ways and Means
 A Joint Resolution to make supplemental appropriations from fiscal year
 1994-95 surplus general fund revenues and to provide for the expenditure of
 these appropriations, to appropriate funds for arena projects contingent upon
 receipt of an equivalent amount from the Southeast Compact for low-level
 nuclear waste and the approval of a financing plan by the State Budget and
 Control Board, to provide for the reduction of the balance of the
 intergovernmental loan made to the Patriot's Point Development Authority by an
 amount equal to the value of the improvements made with loan proceeds and
 provide for the valuation of the assets, to provide for the use of unallocated
 fiscal year 1994-95 Education Finance Act funds, to provide for FTE and
 appropriations transfers between the Department of Revenue and Taxation and
 the Department of Public Safety, to amend the Code of Laws of South Carolina,
 1976, by adding Section 6-1-80 so as to provide procedures for the notice
 requirements for adopting local government and school district budgets, and to
 amend Sections 44-2-20, 44-2-50, and 44-2-80, all as amended, relating to
 definitions, regulations, and the containment, removal, and abatement of
 released regulated substances for purposes of the SUPERB program, so as to
 provide additional definitions, to exempt from certain corrective actions
 persons who do not manage tanks or engage in the petroleum business whose
 quality of ownership is primarily to protect or enforce a security interest in
 the tank, to change references from removal to abatement and site
 rehabilitation, and to exempt from certain site rehabilitation actions persons
 who do not manage tanks or engage in the petroleum business whose quality of
 ownership is primarily to protect or enforce a security interest in the tank
 and certain persons who acquire property from an underground tank that has
 been removed.-amended title

   02/28/95  House  Introduced, read first time, placed on calendar
                     without reference HJ-15
   03/02/95  House  Debate adjourned HJ-26
   03/06/95  House  Special order, set for immediately following 2nd
                     reading of H. 3362 HJ-7
   03/14/95  House  Amended HJ-142
   03/14/95  House  Read second time HJ-154
   03/14/95  House  Roll call Yeas-84  Nays-24 HJ-154
   03/15/95  House  Amended HJ-13
   03/15/95  House  Read third time and sent to Senate HJ-13
   03/16/95  Senate Introduced and read first time SJ-10
   03/16/95  Senate Referred to Committee on Finance SJ-10
   04/25/95  Senate Committee report: Favorable with amendment
                     Finance SJ-19
   04/27/95  Senate Amended SJ-34
   05/03/95  Senate Read second time SJ-44
   05/03/95  Senate Ordered to third reading with notice of
                     amendments SJ-44
   05/09/95  Senate Amended SJ-17
   05/09/95  Senate Read third time and returned to House with
                     amendments SJ-32
   05/10/95  House  Senate amendment amended HJ-4
   05/10/95  House  Returned to Senate with amendments HJ-4
   05/11/95  Senate Non-concurrence in House amendment SJ-27
   05/11/95  House  House insists upon amendment and conference
                     committee appointed Reps. Reps. H. Brown, Felder
                     & Harrell HJ-58
   05/16/95  Senate Conference committee appointed Sens. Drummond, V.
                     Smith, Peeler SJ-5
   06/12/95  House  Free conference powers granted HJ-24
   06/12/95  House  Free conference committee appointed Reps. H.
                     Brown, Harrell & Felder HJ-27
   06/12/95  House  Free conference report received and adopted HJ-27
   06/12/95  Senate Free conference powers granted SJ-14
   06/12/95  Senate Free conference committee appointed Sens.
                     Drummond, V. Smith, Peeler SJ-14
   06/12/95  Senate Free conference report received and adopted SJ-14
   06/12/95  Senate Ordered enrolled for ratification SJ-25
   06/15/95         Ratified R 218
   06/29/95         Certain items vetoed by Governor
   06/29/95         See act for exception to or explanation of
                     effective date
   09/27/95         Copies available
   09/27/95         Act No. 146
   01/10/96  House   Vetoes 1-10 continued HJ-44

A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES AND TO PROVIDE FOR THE EXPENDITURE OF THESE APPROPRIATIONS, TO APPROPRIATE FUNDS FOR ARENA PROJECTS CONTINGENT UPON RECEIPT OF AN EQUIVALENT AMOUNT FROM THE SOUTHEAST COMPACT FOR LOW-LEVEL NUCLEAR WASTE AND THE APPROVAL OF A FINANCING PLAN BY THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE REDUCTION OF THE BALANCE OF THE INTERGOVERNMENTAL LOAN MADE TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY BY AN AMOUNT EQUAL TO THE VALUE OF THE IMPROVEMENTS MADE WITH LOAN PROCEEDS AND PROVIDE FOR VALUATION OF THE ASSETS, TO PROVIDE FOR THE USE OF UNALLOCATED FISCAL YEAR 1994-95 EDUCATION FINANCE ACT FUNDS, TO PROVIDE FOR FTE AND APPROPRIATIONS TRANSFERS BETWEEN THE DEPARTMENT OF REVENUE AND TAXATION AND THE DEPARTMENT OF PUBLIC SAFETY, TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-80 SO AS TO PROVIDE PROCEDURES FOR THE NOTICE REQUIREMENTS FOR ADOPTING LOCAL GOVERNMENT AND SCHOOL DISTRICT BUDGETS, AND TO AMEND SECTIONS 44-2-20, 44-2-50, AND 44-2-80, ALL AS AMENDED, RELATING TO DEFINITIONS, REGULATIONS, AND THE CONTAINMENT, REMOVAL, AND ABATEMENT OF RELEASED REGULATED SUBSTANCES FOR PURPOSES OF THE SUPERB PROGRAM, SO AS TO PROVIDE ADDITIONAL DEFINITIONS, TO EXEMPT FROM CERTAIN CORRECTIVE ACTIONS PERSONS WHO DO NOT MANAGE TANKS OR ENGAGE IN THE PETROLEUM BUSINESS WHOSE QUALITY OF OWNERSHIP IS PRIMARILY TO PROTECT OR ENFORCE A SECURITY INTEREST IN THE TANK, TO CHANGE REFERENCES FROM REMOVAL TO ABATEMENT AND SITE REHABILITATION, AND TO EXEMPT FROM CERTAIN SITE REHABILITATION ACTIONS PERSONS WHO DO NOT MANAGE TANKS OR ENGAGE IN THE PETROLEUM BUSINESS WHOSE QUALITY OF OWNERSHIP IS PRIMARILY TO PROTECT OR ENFORCE A SECURITY INTEREST IN THE TANK AND CERTAIN PERSONS WHO ACQUIRE PROPERTY FROM AN UNDERGROUND TANK THAT HAS BEEN REMOVED.

Be it enacted by the General Assembly of the State of South Carolina:

Lapse

SECTION 1. Revenues derived by the Department of Revenue and Taxation pursuant to Section 12-21-2720(C) of the 1976 Code as in effect on January 1, 1995, shall lapse to the general fund of the State.

Appropriations

SECTION 2. From fiscal year 1994-95 general fund surplus revenues in excess of $54,591,247 and subject to the provisions of Section 1, the following sums are appropriated in order of priority from the general fund of the State for the purposes stated:

1. Operating Deficit

Appellate Defense 94,296

2. Operating Deficit

Adjutant General 639,843

3. General Reserve Fund Transfer10,556,980

4. Aid to Subdivisions

Local Government Fund 15,717,734

5. Department of Education

Instructional Materials 10,000,000

6. Department of Health and

Human Services

Maintain Medicaid Program 11,922,841

7. Department of Health and

Human Services

Community Long Term Care 1,062,628

8. Department of Health and

Human Services

Emotionally Disturbed Children 12,000,000

9. Commission on Higher Education

Phase in of Base Reduction 98,220

10. Department of Education

Fringe Equity 8,500,000

11. Department of Education

Bus Driver Bonus 1,500,000

The State Department of Education shall develop a plan for the distribution of bus driver bonus pay. The bonus is not a part of the employee's salary and is not earnable compensation for purposes of employer or employee contributions to the retirement system.

12. Probation, Parole, and

Pardon

Offender Supervision & Agents1,658,116

13. Wil Lou Gray

Food Service-USDA 15,000

14. Vocational Rehabilitation

Case Services 950,000

15. Commission on Higher Education

EPSCOR 2,000,000

16. Commission on Higher Education

SCAMP 600,000

17. Human Affairs Commission

Investigators 150,000

18. Department of Corrections

Ridgeland 11,828,074

19. Judicial Department

New Judges 1,000,000

20. Attorney General

Statewide Grand Jury 313,000

21. Higher Education Tuition Grants

Tuition Grants 1,218,736

22. Commission on Higher Education

Formula 18,128,876

23. Probation, Parole, and Pardon

Electronic Monitoring 1,000,000

24. Probation, Parole, and Pardon

Halfway Houses-Alston Wilkes Society200,000

25. Department of Agriculture

Market Services-Grading/Inspection 52,547

*26. Department of Natural Resources

Land Resources-Operating Expenses, Insurance150,000

27. State Budget and Control Board

Grant Funds 330,000

28. Commission on Higher Education

Greenville Higher Education Consortium200,000

*29. USC-Columbia

African-American Studies 200,000

*30. USC-Columbia

Law School Library 330,000

31. State Board for Technical and

Comprehensive Education

Special School Funding 5,000,000

32. Department of Education

Library Materials 1,000,000

33. Department of Education

Darlington Desegregation 500,000

34. Educational Television Commission

Technology for all Schools 500,000

35. School for Deaf and Blind

Campus Safety-Contractual 50,000

36. Confederate Relic Room

Renovation 62,000

37. State Library

Reading Devices 276,000

38. Arts Commission

Computer Network 25,000

39. Commission for the Blind

Dorm Roof Repairs 204,240

40. Department of Natural Resources

Vehicles and Law Enforcement Equipment800,000

41. Department of Natural Resources

Law Enforcement-Replace Aircraft Engine60,000

42. Department of Natural Resources

Water Resources-

Computer Mapping System 205,000

*43. Department of Natural Resources

Fisheries-Dennis Wildlife Center

Maintenance 300,000

44. Department of Natural Resources

Marine Resources-Dredge Boat Slip 530,000

*45. Department of Natural Resources

Communications-Map Education

Program and Equipment Replacement100,000

46. Parks, Recreation & Tourism

Dr. Ron McNair Memorial 50,000

47. Department of Commerce

Williamsburg Airport Improvements 405,400

48. Department of Commerce

York Airport Improvements 500,000

49. Department of Commerce

Hartsville Airport Improvements 389,727

50. Property Tax Relief Fund 11,699,405

51. The Citadel-Women's Leadership Program2,000,000

52. Coordinating Council for

Economic Development 1,350,000

53. Coastal Carolina University

Humanities Building A & E 600,000

54. SC State University

1890 Extension Program 500,000

55. Governor's Office-SLED

DataMaster 275,000

56. Clemson PSA

Animal Diagnostic Lab 5,097,060

57. University of South Carolina

Institute of Public Affairs 500,000

58. Department of Mental Health

Reimburse Patient Fee Account 3,800,000

59. House of Representatives

Committee on Aging 80,000

60. Budget & Control Board

Advisory Commission on

Intergovernmental Relations 250,000

From the funds appropriated, the Director of the Advisory Commission on Intergovernmental Relations, Budget and Control Board, will conduct a study of the infrastructure capacity, needs, and developmental potential within the regions of the State. An advisory steering committee will be comprised of the Executive Director of the Budget and Control Board, the Secretary of Commerce, the Executive Director of the Department of Transportation, the Director of the Department of Parks, Recreation & Tourism, or their designees, three appointees of the Governor, three appointees of the Chairman of the Senate Finance Committee, three appointees of the Chairman of the House Ways & Means Committee, and three representatives selected by the executive directors of the Regional Councils of Government. This committee will assist in the design of the study and will participate in the analysis of its findings. The Governor will designate one of his appointees to serve as chairperson. A final report will be submitted to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways & Means Committee by June 30, 1996.

61. University of South Carolina

Center for Electrochemical Engineering500,000

62. University of South Carolina

Small Business Development Center

Base Closure Grant Match 150,000

63. Coordinating Council for

Economic Development 5,000,000

64. Department of Health and

Environmental Control

Sullivan's Island Breach

Inlet Renourishment 30,000

Funds appropriated for the Sullivan's Island Breach Inlet Renourishment Project cannot be expended until the Mayor of Sullivan's Island certifies to the Department of Health and Environmental Control that matching funds are available for expenditure.

65. Attorney General's Office

Insurance Fraud Unit 50,000

66. State Law Enforcement Division

Insurance Fraud Unit 50,000

67. Medical University of South Carolina

Dialysis Research 165,000

68. Governor's Office

Legacy Trust Fund 2,250,000

69. Department of Mental Health

Pee Dee Mental Health Center 4,500,000

70. Probation, Parole, and Pardon

Employment Services 50,000

71. Department of Commerce

Chester County Airport

Improvements 300,000

72. Department of Agriculture

Chester County Farmers Market

Renovations 35,000

73. Department of Education

Tugaloo

Environmental Education 150,000

74. Governor's Office - OEPP

Legal Services Program 50,000

75. Budget and Control Board

Equity Lawsuit 100,000

76. Department of Education

Governor's School of Math

and Science 2,000,000

77. Department of Natural Resources

Boat Facility

Matching Federal Funds 200,000

78. State Law Enforcement Division

DNA Program: Freezer and Implementation100,000

79. City of Newberry

Opera House Restoration 250,000

80. Budget and Control Board

Division of Operations

Carolina Plaza 600,000

81. Adjutant General

Armory Maintenance and Repair 500,000

82. Property Tax Relief Fund 11,200,000

83. Coastal Carolina University

Community Fitness Center 250,000

Total 178,005,723

Priority-carry forward

SECTION 3. (A) Appropriations in Section 2 are in priority order and each appropriation must be fully funded before the next appropriation in order is paid.

(B) Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purposes.

Arenas

SECTION 4. In addition to the appropriations provided in Section 2 of this joint resolution, there is appropriated from the general fund of the State $2,500,000 each for the University of South Carolina and City of Greenville arena projects, but this appropriation is contingent upon receipt of the $5,000,000 from the Southeast Compact for Low-Level Nuclear Waste pursuant to the provisions of Section 48-48-80(E) of the 1976 Code and the approval of the financial plan assuring the funding for the construction of each of the arenas by the State Budget and Control Board. The State Budget and Control Board review is limited to assurance of the total fund availability for the construction. Failure of either of the entities to present a plan to be approved prior to December 31, 1996, shall result in forfeiture and lapse of these appropriations.

Loan balance reduced

SECTION 5. The remaining balance on the loan made to the Patriot's Point Development Authority from the Coordinating Council on Economic Development must be reduced by an amount equal to the value of the capital assets of the improvements made by the Patriot's Point Development Authority from the proceeds of the loan. The value of the capital assets must be determined by the State Budget and Control Board.

School buses

SECTION 6. Notwithstanding any other provision of law, any unallocated fiscal year 1994-95 Education Finance Act funds shall be used to purchase school buses under the terms of the existing contract. Should any of the unallocated fiscal year 1994-95 Education Finance Act funds not be utilized to purchase school buses, remaining funds shall be allocated to the school districts for school building aid on a nonmatching basis on the same basis that districts receive Education Finance Act allocations.

Transfers

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

Superb fund

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Budget adoption

SECTION 9. A. Chapter 1, Title 6 of the 1976 Code is amended by adding:

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

(B) The notice must include the following:

(1) the governing entity's name;

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

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

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

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

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

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

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

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

Time effective

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

In the Senate House June 15, 1995.

Robert L. Peeler,

President of the Senate

David H. Wilkins,

Speaker of the House of

Representatives

* Text printed in italic boldface was referenced in a letter from the Governor to the Speaker of the House of Representatives dated June 29, 1995. In that letter, the Governor expressed the desire to veto those items in italic boldface.

At the time this Act was printed, litigation was pending in the original jurisdiction of the South Carolina Supreme Court concerning H. 3362. The outcome of that litigation may affect the application, implementation or effective date of this act.

Printer's Date -- September 7, 1995 -- S.