1994 Permanent House Journal Printed Pages 2830-2844 - South Carolina Legislature Online

Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

Printed Page 2820, Feb. 24 | Printed Page 2844, Mar. 1

Printed Page 2830 . . . . . Thursday, February 24, 1994

Perhaps through "Pro-Choice" the blood of men and women murdered through capitol punishment would not be on the hands of a group of devout men and women who passed those laws and decreed that the will of the State is more pre-eminent than the Will of the Creator, who says, "Thou shalt not kill."

How do you dare humiliate the women of this State with this burden of guilt, you who are insensitive to hunger and homelessness and poverty, you who sanction war and promulgate murder under the statues of this State.

Two principles espoused in the Bible are:

(1) a house divided against itself cannot stand

(2) where there is no vision the people perish.

The passage of this legislation is certain, but what remains unresolved is... will there be a commitment on your part to ensure that every baby born in this State will be privileged a life, with no less quality than that which you desire for your own children and grandchildren?

Can the babies count on you? When all of the mamas know all that you think they should know, can the babies count on you? Will you be there to ensure fairness? Equal opportunity? Will you be there to eradicate poverty and crime? Will you be there to build a public education system, second to none? Will you be there to safeguard their environment... their communities from trash dumps, landfills, and incinerators, and hazardous waste exposure? Will you be there eliminating ignorance and an underclass system? Will you be there developing high tech/high wage employment or will you be steadfast, unmovable always building bigger and better prisons while providing less and less opportunity for rehabilitation and a second chance.

Rep. RALPH W. CANTY, District #51

Rep. SCOTT moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4781 -- Reps. Kirsh, Simrill, Meacham, Moody-Lawrence, McCraw and Delleney: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 1, 1994, "YORK COUNTY DAY".

Printed Page 2831 . . . . . Thursday, February 24, 1994

ADJOURNMENT
At 12:40 P.M. the House in accordance with the motion of Rep. SCOTT adjourned in memory of Elijah O. Fogle, to meet at 10:00 A.M. tomorrow.

* * *

Printed Page 2832 . . . . . Friday, February 25, 1994

Friday, February 25, 1994
(Local Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Eternal God, the Father of us all, ever near, ever caring, ever ready to help, purify our hearts and clarify our visions. Deliver us from discouraging doubts, free us from fretful fears, save us from the temptation to take less than the highest road. Lead us into the fresh air of faith. And as You led the children of Israel from bondage into the Promised Land, in like manner, lead us. Reveal to us the decisions we should make, the procedures we should follow, and the paths we should tread.

In the spirit of praise and thanksgiving we pray. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 3051 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-15 SO AS TO AUTHORIZE MAGISTRATES TO ISSUE AND ENFORCE TEMPORARY RESTRAINING ORDERS OF NOT MORE THAN SIXTY DAYS.

H. 4368 -- Reps. P. Harris, Neilson, Waldrop, Baxley, J. Brown, Cromer, Davenport, Delleney, Farr, Gonzales, Harrelson, Harrison, Harvin, Hines, Inabinett, Keegan, Kelley, Kirsh, Littlejohn, Phillips, Rhoad, Rogers, Rudnick, Shissias, D. Smith, Snow, Tucker, Waites, Whipper, D. Wilder, Wilkes, Witherspoon, Keyserling, Breeland, Elliott and Gamble: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO INCLUDE COUNTY COUNCILS ON AGING OR THOSE AGENCIES

Printed Page 2833 . . . . . Friday, February 25, 1994

PROVIDING AGING SERVICES FUNDED BY THE OFFICE OF THE GOVERNOR, DIVISION ON AGING.

H. 4460 -- Rep. McTeer: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING PRIOR SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT SERVICE CREDIT MAY BE ESTABLISHED FOR MATERNITY LEAVE AS PROVIDED BY LAW IF THE MEMBER APPLIED FOR REEMPLOYMENT WITHIN TWO YEARS OF GOING ON MATERNITY LEAVE AND WAS REHIRED WITHIN TWO AND ONE-HALF YEARS OF THE BEGINNING OF THE LEAVE.

ADJOURNMENT

At 10:20 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, March 1.

* * *

Printed Page 2834 . . . . . Tuesday, March 1, 1994

Tuesday, March 1, 1994
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

As we enter into a new month, we pray, Lord, that we may feel Your nearness to help us along the way. When problems arise, cause us to know there is always a solution, even if it is to learn to live with the problem. Give us a clear vision to move forward, knowing that one cannot plow a straight furrow looking backward. We know not what the future holds, but we know Who holds it. May the wisdom of our all-knowing God become our wisdom, His will our will. Deliver us from that selfishness that tolerates only its own way.

And be always our Light and our Pathway, as in Your Holy Name we pray. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. WELLS moved that when the House adjourns, it adjourn in memory of Robert Sigworth, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 24, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 487:
S. 487 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORONERS, BY ADDING SECTION

Printed Page 2835 . . . . . Tuesday, March 1, 1994

17-5-130, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND AGE REQUIREMENTS TO HOLD THE OFFICE OF CORONER.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3357 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL, SO AS TO PROVIDE FOR THE ISSUANCE OF PERMITS BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO TRAP QUAIL.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

REPORT OF STANDING COMMITTEE

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3958 -- Reps. Wright and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-5 SO AS TO PROVIDE FOR THE PURPOSES OF THE STATE ASSESSMENT EDUCATIONAL SYSTEM; TO AMEND SECTION 59-30-10, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR A REVISED STATEWIDE ASSESSMENT PROGRAM; TO AMEND SECTION 59-30-30, RELATING TO THE DUTIES OF SCHOOL BOARDS IN REGARD TO THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO REVISE THESE DUTIES IN CONFORMITY WITH THE STATEWIDE ASSESSMENT PROGRAM; AND TO AMEND SECTION 59-30-50, RELATING TO TIMETABLES IN REGARD TO BASIC

Printed Page 2836 . . . . . Tuesday, March 1, 1994

SKILLS ASSESSMENT, SO AS TO PROVIDE TIMETABLES FOR THE STATEWIDE ASSESSMENT PROGRAM ABOVE ESTABLISHED.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4827 -- Reps. McElveen, Neal, Shissias, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson, Wells, Waldrop, Boan and Hodges: A CONCURRENT RESOLUTION ENDORSING THE PETITION REQUESTING AN ADMINISTRATIVE WAIVER REGULATION FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ALLOW STATES TO DEVIATE FROM AID TO FAMILIES WITH DEPENDENT CHILDREN PROGRAM REGULATIONS FOR THE PURPOSE OF MAKING PROGRAM ADMINISTRATION MORE EFFICIENT AND EFFECTIVE.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4828 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE VARSITY CHEERLEADERS OF FORT MILL HIGH SCHOOL IN YORK COUNTY ON WINNING THE STATE CHEERLEADING CHAMPIONSHIP AFTER PARTICIPATING IN THE SOUTH CAROLINA STATE CHEERLEADING ASSOCIATION'S STATE COMPETITION.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

On motion of Rep. J. HARRIS, with unanimous consent, the following was taken up for immediate consideration:

H. 4829 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1994 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1994 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE GENERAL ASSEMBLY TO BE HELD IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON

Printed Page 2837 . . . . . Tuesday, March 1, 1994

WEDNESDAY, APRIL 27, 1994, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1994 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Whereas, in 1987 the General Assembly created the South Carolina Folk Heritage Award, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundreds of years; and

Whereas, the winners of the 1994 South Carolina Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and

Whereas, the 1994 South Carolina Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly invite the winners of the 1994 South Carolina Folk Heritage Awards and the members of the 1994 South Carolina Folk Heritage Awards Advisory Committee to attend a joint session of the General Assembly, to be held in the Hall of the House of Representatives at 12:00 noon on Wednesday, April 27, 1994, and that the members of the General Assembly recognize and commend the 1994 South Carolina Folk Heritage Awards winners for their outstanding contributions to folk art in South Carolina.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4820 -- 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, 1994 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

Printed Page 2838 . . . . . Tuesday, March 1, 1994

EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 1-1-1210, AS AMENDED, OF THE 1976 CODE RELATING TO THE SALARIES OF THE GOVERNOR, LIEUTENANT GOVERNOR, AND OTHER STATEWIDE ELECTED CONSTITUTIONAL OFFICERS, SO AS TO SET THEIR SALARIES EFFECTIVE WHEN THEY ASSUME OFFICE IN 1995 AND PROVIDE FOR ANNUAL INCREASES FOR THESE OFFICERS; TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW A RESIDENT TAXPAYER A DEDUCTION FOR EACH DEPENDENT CLAIMED ON THE TAXPAYER'S FEDERAL INCOME TAX RETURN WHO HAS NOT YET ATTAINED THE AGE OF SIX YEARS DURING THE APPLICABLE TAX YEAR TO MAKE THE DEDUCTION CONTINGENT UPON IDENTIFICATION OF A REVENUE SOURCE, AND PROVIDE FOR THE REVENUE SOURCE FOR FISCAL YEAR 1994-95 ONLY AS A DELAY IN THE FINAL STEP IN THE NET CAPITAL GAIN DEDUCTION; TO AMEND SECTION 48-23-100, AS AMENDED, OF THE 1976 CODE, RELATING TO FOREST TREE SALES BY THE STATE COMMISSION OF FORESTRY, SO AS TO DELETE REFERENCES TO FOREST TREES AND DELETE THE REQUIREMENT THAT SALE COSTS MAY NOT EXCEED THE COST OF PRODUCTION AND DISTRIBUTION, TO AUTHORIZE ADDITIONAL USES FOR THE TREES SOLD, AND TO PROVIDE THAT SALE PROCEEDS MAY BE RETAINED BY THE COMMISSION AND USED IN THE OPERATION OF TREE NURSERIES AND SEED ORCHARDS; TO AMEND SECTION 44-20-1170, AS AMENDED, OF THE 1976 CODE, RELATING TO USE AND DISPOSITION OF EXCESS DEPARTMENT OF DISABILITY AND SPECIAL NEEDS FUNDS, SO AS TO PERMIT THE DEPARTMENT TO USE EXCESS DEBT SERVICE FUNDS FOR ONE TIME PREVENTION, ASSISTIVE TECHNOLOGY, AND QUALITY INITIATIVES; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 11-11-140 OF THE 1976 CODE, RELATING TO LIMITATIONS ON GENERAL FUND APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO INCLUDE IN THE CALCULATION OF THE BASE REVENUE ESTIMATE

Printed Page 2839 . . . . . Tuesday, March 1, 1994

RECURRING GENERAL FUND REVENUE ENHANCEMENTS IN THE CURRENT FISCAL YEAR IF CERTIFIED BY THE BOARD OF ECONOMIC ADVISORS; TO AMEND THE 1976 CODE BY ADDING SECTION 48-23-145 SO AS TO PROVIDE FOR COMPENSATION SUPPLEMENTS FOR COMMISSION OF FORESTRY PERSONNEL; TO AMEND THE 1976 CODE BY ADDING SECTION 48-23-132 SO AS TO PROVIDE FOR THE USE OF REVENUE RECEIVED FROM CERTAIN SOURCES BY THE COMMISSION OF FORESTRY; TO AMEND SECTION 1-1-1020, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INSTALLMENT PURCHASE PROGRAM OF THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD FOR LEASE OR RESALE OF EQUIPMENT TO STATE AGENCIES, SO AS TO MOVE THE ADMINISTRATION OF THE PROGRAM TO THE OFFICE OF THE STATE TREASURER AND PROVIDE THAT THE PROGRAM IS FOR THE PURPOSE OF LENDING TO STATE AGENCIES TO LEASE OR PURCHASE CERTAIN TYPES OF EQUIPMENT PURSUANT TO STATE PROCUREMENT LAWS AND REGULATIONS, TO PROVIDE ADDITIONAL EQUIPMENT WHICH MAY BE PURCHASED PURSUANT TO THE PROGRAM, AND TO PROVIDE LOWER STATED RATES OF INTEREST FOR AGENCIES BORROWING AND FOR INSURANCE RESERVE FUND LOANS FOR OPERATING THE PROGRAM; TO AMEND SECTION 20-7-2379, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE GOVERNOR RATHER THAN THE GENERAL ASSEMBLY SHALL SET THE SALARY FOR THE DIVISION DIRECTOR AND THE DIVISION STAFF; TO AMEND SECTION 58-3-100, AS AMENDED, OF THE 1976 CODE, RELATING TO EXPENSES OF OPERATING THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT ALL FEES AND CHARGES IMPOSED BY THE COMMISSION FOR ITS OPERATION MAY BE RETAINED BY THE COMMISSION EXCEPT FEES AND CHARGES ATTRIBUTABLE TO THE TRANSPORTATION DIVISION IN EXCESS OF THE DIVISION'S OPERATING EXPENSES, WHICH MUST BE CREDITED TO THE GENERAL FUND OF THE STATE; TO PROVIDE THAT FROM CERTAIN FEDERAL FUNDS AUTHORIZED TO SOUTH CAROLINA UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION ACT, THE STATE DEPARTMENT OF EDUCATION MUST ALLOCATE ANNUALLY A PORTION OF

Printed Page 2840 . . . . . Tuesday, March 1, 1994

THOSE FUNDS TO CLEMSON PUBLIC SERVICE ACTIVITIES FOR AGRICULTURAL TEACHER EDUCATION AND OTHER SERVICES AS PROVIDED FOR IN THE ACT, AND TO PROVIDE THAT THE LEVEL OF FUNDING MUST BE DETERMINED BY A COMMITTEE OF REPRESENTATIVES FROM VARIOUS ENTITIES; TO AMEND SECTION 44-20-355, AS AMENDED, OF THE 1976 CODE, RELATING TO THE FEE FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED, SO AS TO INCREASE THE FEE FROM FIVE DOLLARS TO EIGHT DOLLARS AND FIFTY CENTS A PATIENT DAY; TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-25 SO AS TO PROVIDE FOR THE MANNER IN WHICH APPROPRIATIONS SHALL BE PROVIDED AND DISBURSED TO THE DEPARTMENT OF JUVENILE JUSTICE FOR CERTAIN EDUCATIONAL PROGRAMS; BY ADDING SECTION 24-25-35 SO AS TO PROVIDE FOR THE MANNER IN WHICH APPROPRIATIONS SHALL BE PROVIDED AND DISBURSED TO THE PALMETTO UNIFIED SCHOOL DISTRICT 1 OF THE DEPARTMENT OF CORRECTIONS FOR CERTAIN EDUCATIONAL PROGRAMS; BY ADDING SECTION 59-21-355 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH EDUCATION IMPROVEMENT ACT BUILDING AID APPROPRIATIONS SHALL BE ALLOCATED AND EXPENDED; BY ADDING SECTION 59-25-415 SO AS TO PROVIDE THAT CERTIFIED PERSONNEL WHO HAVE TAUGHT IN A SCHOOL DISTRICT FOR AT LEAST ONE YEAR AND WHO ARE DISMISSED FOR ECONOMIC REASONS HAVE PRIORITY FOR BEING REHIRED TO FILL ANY VACANCY FOR WHICH THEY ARE QUALIFIED WHICH OCCURS WITHIN TWO YEARS FROM THE DATE OF THEIR DISMISSAL; BY ADDING SECTION 59-26-45 SO AS TO ESTABLISH PROCEDURES AND REQUIREMENTS UNDER WHICH STUDENTS WHO HAVE FAILED TO ACHIEVE A PASSING SCORE ON ALL SECTIONS OF THE EDUCATION ENTRANCE EXAMINATION (EEE) AFTER THE NUMBER OF ATTEMPTS ALLOWED BY LAW SHALL BE ALLOWED TO RETAKE THAT PORTION OF THE TEST FAILED; AND BY ADDING SECTION 59-67-421 SO AS TO PROVIDE THAT NO SCHOOL DISTRICT SHALL HAVE CERTAIN LIABILITY IN REGARD TO SCHOOL TRANSPORTATION WITHIN HAZARDOUS AREAS; TO AMEND SECTION 59-20-20, RELATING TO DEFINITIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "INDEX OF TAXPAYING ABILITY"; TO AMEND SECTION 59-20-40, AS

Printed Page 2841 . . . . . Tuesday, March 1, 1994

AMENDED, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE AVERAGE DAILY MEMBERSHIP PUPIL-TEACHER RATIO FOR GRADES 1 THROUGH 3 BE IMPLEMENTED TO THE EXTENT POSSIBLE ON AN INDIVIDUAL CLASS BASIS AND THAT THE PUPIL ENROLLMENT IN THESE GRADES SHOULD NOT EXCEED TWENTY-EIGHT PUPILS IN EACH CLASS; TO AMEND SECTION 59-20-50, AS AMENDED, RELATING TO THE LEVEL OF STATE AND LOCAL CONTRIBUTIONS AND SALARY SCHEDULES UNDER THE EDUCATION FINANCE ACT, SO AS TO FURTHER PROVIDE FOR THESE SALARY SCHEDULES, THE LEVEL OF REQUIRED STATE AND LOCAL EFFORT, AND THE MANNER IN WHICH SCHOOL DISTRICTS SHALL RECEIVE CERTAIN FUNDS UNDER THIS SECTION; AND TO AMEND SECTION 59-21-450, RELATING TO THE ALLOCATION OF UNEXPENDED BUDGET AMOUNTS IN THE EDUCATION IMPROVEMENT ACT FUND TO SCHOOL BUILDING AID PROGRAMS, SO AS TO REVISE THE FUNDS TO WHICH THIS SECTION APPLIES; TO AMEND SECTION 38-13-20, AS AMENDED, OF THE 1976 CODE, RELATING TO EXAMINATIONS OF INSURANCE COMPANIES BY THE DEPARTMENT OF INSURANCE, SO AS TO CLARIFY WHAT EXAMINATION EXPENSES AN INSURANCE COMPANY IS LIABLE FOR, TO PROVIDE LOWER EXAMINATION FEES FOR DOMESTIC INSURERS WITH LESS THAN ONE MILLION DOLLARS IN TOTAL CAPITAL AND SURPLUS AS OF DECEMBER 31, 1993, TO PROVIDE FOR APPEALS BY INSURERS OF EXAMINATION FEES, AND TO PROVIDE THAT EXAMINATION FEES ARE RETAINED BY THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, RELATING TO DISTRIBUTION AND USE OF THE 2.66 A GALLON GASOLINE TAX, SO AS TO PROVIDE FOR THE EXPENDITURE OF A COUNTY'S APPORTIONMENT OF "C" FUNDS AND TO CHANGE DEPARTMENT NAMES; TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-70 SO AS TO PROVIDE THAT STATE AID TO SUBDIVISIONS ACT DISTRIBUTIONS TO A COUNTY OR MUNICIPALITY WHICH IMPOSES A FEE OR TAX ON THE TRANSFER OF REAL PROPERTY NOT AUTHORIZED SPECIFICALLY BY GENERAL LAW MUST BE REDUCED BY AN AMOUNT EQUAL TO THE REVENUES OF THE REAL ESTATE

Printed Page 2842 . . . . . Tuesday, March 1, 1994

TRANSFER FEE OR TAX; TO REPEAL CHAPTER 15, TITLE 2 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE LEGISLATIVE AUDIT COUNCIL, AND TO REPEAL CHAPTER 22, TITLE 1 OF THE 1976 CODE, RELATING TO THE COMPLIANCE REVIEW ACT OF 1988; TO REPEAL CHAPTER 19 OF TITLE 1 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF THE STATE REORGANIZATION COMMISSION, AND TO REPEAL CHAPTER 22 OF TITLE 1 OF THE 1976 CODE, RELATING TO THE COMPLIANCE REVIEW ACT OF 1988; TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-75 SO AS TO PROVIDE THAT STATE AID TO SUBDIVISIONS ACT DISTRIBUTIONS TO A COUNTY WHICH IMPOSES A FEE OR TAX ON INSURANCE COMPANIES NOT AUTHORIZED SPECIFICALLY BY GENERAL LAW MUST BE REDUCED BY AN AMOUNT EQUAL TO THE REVENUES FROM THE FEE OR TAX; TO AMEND SECTION 12-21-2423 OF THE 1976 CODE, RELATING TO THE USE OF A PORTION OF ADMISSIONS TAX REVENUES TO FUND INFRASTRUCTURE IMPROVEMENTS AND PROVIDE AN INFRASTRUCTURE DEVELOPMENT FUND, SO AS TO EXPAND THE DEFINITIONS OF MAJOR TOURISM OR RECREATION FACILITY TO INCLUDE "DESIGNATED DEVELOPMENT AREA" AND TO DEFINE SUCH AREAS AND PROVIDE THE REQUIRED INVESTMENT AMOUNTS APPLICABLE TO SUCH AREAS, AND TO ADD SPECIFIC CATEGORIES OF FACILITIES ELIGIBLE FOR THE DESIGNATION "MAJOR TOURISM OR RECREATION FACILITY" AND "SECONDARY SUPPORT FACILITIES" AND "ADDITIONAL INFRASTRUCTURE IMPROVEMENT"; AND TO AMEND SECTION 13-1-1720, RELATING TO THE DUTIES OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO GIVE THE COUNCIL AUTHORITY TO APPROVE INFRASTRUCTURE GRANTS; TO AMEND THE 1976 CODE BY ADDING SECTION 1-30-130, SO AS TO DEVOLVE UPON THE DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES THE POWERS AND DUTIES OF THE SOUTH CAROLINA ARTS MUSEUM, SOUTH CAROLINA MUSEUM COMMISSION, STATE LIBRARY BOARD, COMMISSION OF ARCHIVES AND HISTORY, AND CONFEDERATE RELIC ROOM, TO AMEND THE 1976 CODE BY ADDING CHAPTER 17 IN TITLE 60, RELATING TO LIBRARIES, ARCHIVES, MUSEUMS, AND ARTS, SO AS TO ESTABLISH THE SOUTH CAROLINA DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES AND PROVIDE FOR ITS GOVERNANCE, FUNCTIONS,

Printed Page 2843 . . . . . Tuesday, March 1, 1994

AND DIVISIONS, TO AMEND SECTION 1-30-10, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO ADD THE DEPARTMENT OF CULTURAL AND INFORMATIONAL RESOURCES, TO PROVIDE TRANSITION PROVISIONS, AND TO REPEAL CHAPTERS 1, 11, AND 15 OF TITLE 60 OF THE 1976 CODE AND ARTICLE 1, CHAPTER 13 OF TITLE 60 OF THE 1976 CODE, RELATING TO THE ENTITIES DEVOLVED UPON THE DEPARTMENT CREATED BY THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-45 SO AS TO PROVIDE THAT NO STATE AGENCY SHALL ENTER INTO A SETTLEMENT OF ANY LITIGATION OR DISPUTE REQUIRING THE EXPENDITURE OF MONIES APPROPRIATED OR PROVIDED FOR IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT WITHOUT PRIOR WRITTEN APPROVAL FROM THE BUDGET AND CONTROL BOARD; TO PROHIBIT STATE-SUPPORTED COLLEGES AND UNIVERSITIES, INCLUDING TECHNICAL COLLEGES, FROM INCREASING TUITION AND FEES TO IN-STATE STUDENTS UNTIL SUCH TIME AS THE INSTITUTIONS RECAPTURE AND MAINTAIN ONE HUNDRED PERCENT OF THE TOTAL EDUCATION AND GENERAL COST OF OUT-OF-STATE STUDENTS, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION OVER A SPECIFIED NUMBER OF YEARS SHALL DECREASE THE SUBSIDY TO OUT-OF-STATE STUDENTS UNTIL THE STATE SUBSIDY IS AT TWENTY-FIVE PERCENT OF THE TOTAL EDUCATION AND GENERAL COST; TO AMEND THE 1976 CODE BY ADDING SECTION 44-93-175 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL DEVELOP AND IMPLEMENT THE SAME FEE SCHEDULE FOR INFECTIOUS WASTE GENERATED OUTSIDE OF THIS STATE AS IS CHARGED FOR INFECTIOUS WASTE GENERATED WITHIN THIS STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-235 SO AS TO PROVIDE THAT THE SUPREME COURT BY RULE SHALL PROVIDE FOR THE APPOINTMENT AND GOVERNANCE OF ASSOCIATE JUDGES FOR CHILD SUPPORT WHO SHALL PRESIDE OVER PATERNITY AND CHILD SUPPORT MATTERS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND TO PROVIDE FOR THE AUTHORITY OF AND APPEALS FROM THESE JUDGES; TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FEES IN FAMILY COURT MATTERS, SO AS TO DELETE THE EXEMPTION FOR PAYING COURT FEES IN DEPENDENCY ACTIONS; TO AMEND SECTION

Printed Page 2844 . . . . . Tuesday, March 1, 1994

43-5-235, AS AMENDED, RELATING TO REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF THE CHILD SUPPORT COLLECTION PROGRAM, SO AS TO INCLUDE PROVISIONS RELATING TO PAYMENT OF UNIT COSTS AND TO PROVIDE THAT THESE MONIES MUST BE DEPOSITED INTO A SPECIAL ACCOUNT FOR THE EXCLUSIVE USE BY CLERKS OF COURT IN THE CHILD SUPPORT PROGRAM; AND TO REPEAL SECTION 20-7-1317, RELATING TO USE OF FEDERAL FUNDS BY CLERKS OF COURT FOR THE OPERATION OF WAGE WITHHOLDING FOR CHILD SUPPORT; TO AMEND SECTION 22-3-550 OF THE 1976 CODE, RELATING TO A MAGISTRATE'S JURISDICTION OVER MINOR CRIMINAL OFFENSES, SO AS TO PROVIDE A LIMITATION ON A MAGISTRATE'S POWER TO IMPOSE CONSECUTIVE TERMS OF IMPRISONMENT; TO REPEAL SECTION 56-1-145 OF THE 1976 CODE, RELATING TO THE USE OF INCREASED MOTOR VEHICLE REGISTRATION FEES FOR ACCESS ROUTES TO DISTRESSED AREAS.

Without reference.

Printed Page 2820, Feb. 24 | Printed Page 2844, Mar. 1

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