Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995
Page Finder Index
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Printed Page 1020, Feb. 23
| Printed Page 1048, Feb. 28
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Printed Page 1030 . . . . . Thursday, February 23,
1995
H. 3656 -- Rep. Anderson: A CONCURRENT RESOLUTION COMMENDING MARTHA GAMBLE
HALL
OF MAULDIN ON HER TENURE AS NATIONAL ALUMNI PRESIDENT OF THE JOHNSON C. SMITH
UNIVERSITY GENERAL ALUMNI ASSOCIATION.
H. 3657 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE MR. WAYNE TATE
AND HIS FAMILY FOR THE TIRELESS WORK AND COUNTLESS HOURS DONATED TO THE
BOILING
SPRINGS HIGH SCHOOL BAND BOOSTER CLUB.
ADJOURNMENT
At 11:35 A.M. the House in accordance with the motion of Rep. CLYBURN
adjourned in memory of Janie Hightower of Trenton, to meet at 10:00 A.M.
tomorrow.
* * *
Printed Page 1031 . . . . . Friday, February 24,
1995
Friday, February 24, 1995
(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:
Almighty God, Heavenly Father, may we feel Your hand upon us as in these moments
of prayer to Whom we know Your willingness to hear us when we pray to answer us
when we call. We do not pray for relief from heavy responsibilities, but for
release of Your help to meet them with honor; not for fewer burdens, but for
greater strength to manage them with patience; not for less trouble, but for
more trust in You which will help us master trouble with confidence. In all of
life, may we be more than conquerors through the help of our God Who loves us
without limit and Who seeks always to lead us on. Amen.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER
ordered it confirmed.
SENT TO THE SENATE
The following Bills and Joint Resolution were taken up, read the third time,
and ordered sent to the Senate.
H. 3447 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 47-3-730 AND 47-3-760, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRAINT OF
DANGEROUS ANIMALS AND PENALTIES, SO AS TO REVISE THE REQUIREMENTS OF
RESTRAINT
AND AUTHORIZE THE USE OF A SECURITY BOND IN THE REGISTRATION OF DANGEROUS
ANIMALS.
H. 3448 -- Reps. Spearman, McTeer and Koon: A BILL TO AMEND THE CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-27 SO AS TO PROHIBIT THE HUNTING
OF MIGRATORY WATERFOWL ON LAKE MURRAY IN CERTAIN AREAS AND PROVIDE
PENALTIES.
H. 3452 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: A BILL TO
AMEND SECTION 47-4-10, CODE OF LAWS OF SOUTH
Printed Page 1032 . . . . . Friday, February 24,
1995
CAROLINA, 1976, RELATING TO THE LIVESTOCK-POULTRY HEALTH
COMMISSION, SO AS TO REVISE THE PROVISIONS EXECUTED BY THE COMMISSION; TO
AMEND
SECTION 47-4-20, RELATING TO DEFINITIONS PERTAINING TO THE COMMISSION, SO AS TO
REVISE THE DEFINITION OF "PUBLIC LIVESTOCK MARKET"; TO AMEND SECTION
47-4-50, RELATING TO DISEASES IMPACTING THE LIVESTOCK-POULTRY INDUSTRY, SO AS
TO CLARIFY A REFERENCE TO FEDERAL REGULATIONS; TO AMEND SECTION 47-4-60,
RELATING TO REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, SO AS TO
CORRECT PUNCTUATION; TO AMEND SECTION 47-4-110, RELATING TO COMMISSION
EMPLOYEES, SO AS TO REVISE THE MAXIMUM NUMBER OF LIVESTOCK LAW ENFORCEMENT
OFFICERS; TO AMEND SECTION 47-4-130, RELATING TO PENALTIES FOR VIOLATIONS, SO AS
TO INCREASE THE FINE; TO AMEND SECTION 47-11-140, AS AMENDED, RELATING TO
VETERINARIANS SERVING AUCTION SALES AT PUBLIC LIVESTOCK MARKETS, SO AS TO
REVISE
THE REQUIREMENTS FOR PROVISION OF SERVICE BY VETERINARIANS; AND TO AMEND
SECTION
47-13-30, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO CORRECT A
REFERENCE IN THE 1976 CODE.
H. 3453 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: A BILL TO
AMEND SECTION 46-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO PENALTIES PERTAINING TO THE STATE CROP PEST COMMISSION, SO AS TO
REVISE THE PENALTIES AND THE PROVISIONS TO WHICH THEY APPLY; AND TO AMEND
SECTION 46-13-80, RELATING TO LICENSES UNDER THE PESTICIDE CONTROL ACT, SO AS TO
REVISE THE RENEWAL DATE.
H. 3650 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO
APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION -
LICENSING BOARD FOR CONTRACTORS, RELATING TO DEFINITION OF ROOFING
CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1747, PURSUANT TO
THE
PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Printed Page 1033 . . . . . Friday, February 24,
1995
ADJOURNMENT
At 10:20 A.M. the House in accordance with the ruling of the SPEAKER
adjourned to meet at 12:00 Noon, Tuesday, February 28.
* * *
Printed Page 1034 . . . . . Tuesday, February 28,
1995
Tuesday, February 28, 1995
(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:
On this day, O Lord, many of us recall with humble gratitude the life of the
late Speaker of this House, Solomon Blatt whose birthday was remembered
yesterday. With deep thankfulness we rejoice in the memory of his abiding faith
in God, his dependence upon the efficacy of prayer, his devotion to the moral
law of Mt. Sinai and the eternal truths of the Sermon on the Mount, his never
failing patriotism, his ever present kindness and charity, his warmhearted and
durable friendship so evident in his helpfulness to so many.
And may the mantle of Solomon Blatt rest upon us that we may be wise as he
was wise, true as he was true, loyal as he was loyal, and a friend of many as he
was a friend to many.
And to You, Lord God, we give all praise for those who have kept the faith.
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. HALLMAN moved that when the House adjourns, it adjourn in memory of
Samuel Winfield McConnell of Charleston, which was agreed to.
Printed Page 1035 . . . . . Tuesday, February 28,
1995
INVITATION
The following was received and referred to the Committee on Invitations and
Memorial Resolutions.
February 23, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The S.C. WIFE (Women Involved in Farm Economics), would like to host the
members of the General Assembly at the Legislative Breakfast, Thursday, March
16, 1995, in the lower lobby of the Statehouse, from 9:00 to 10:30 A.M.
Thank you,
Tammy L. Smith
SC WIFE Secretary & Treasurer
CONFIRMATION OF APPOINTMENT
REFERRED TO JUDICIARY
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR
February 21, 1995
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment
is made with the "advice and consent of the General Assembly," and is,
therefore submitted for your consideration.
Respectfully,
David M. Beasley
Governor
STATEWIDE APPOINTMENT
Reappointment, Member, State Ethics Commission, with term to commence May
31, 1995, and to expire May 31, 2000:
4th Congressional District:
Mr. Raymond B. Smith, 466 Pimlico Road, Greenville, S.C. 29607
Printed Page 1036 . . . . . Tuesday, February 28,
1995
The appointment confirmation was ordered referred to the
Committee on Judiciary.
CONFIRMATION OF APPOINTMENT
REFERRED TO JUDICIARY
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR
February 27, 1995
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment
is made with the "advice and consent of the General Assembly," and is,
therefore submitted for your consideration.
Respectfully,
David M. Beasley
Governor
STATEWIDE APPOINTMENT
Reappointment, Member, State Ethics Commission, with term to commence May
31, 1995, and to expire May 31, 2000:
2nd Congressional District:
Mr. Edward E. Duryea, 3 Riverside Lane, Beaufort, S.C. 29902
The appointment confirmation was ordered referred to the Committee on Judiciary.
REGULATION RECEIVED
The following was received and referred to the appropriate committee for
consideration.
Document No. 1843
Promulgated By Public Service Commission
Motor Carriers
Received By Speaker February 24, 1995
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date January 24, 1996
Printed Page 1037 . . . . . Tuesday, February 28,
1995
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 445 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE
DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF HIGHWAY 76-178 FROM
BELTON
TO HONEA PATH IN ANDERSON COUNTY IN HONOR OF ERNEST A. BURRISS.
The Concurrent Resolution was ordered referred to the Committee on Education
and Public Works.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 563 -- Senator Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST
SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY
FRIENDS
OF, ONE OF THIS STATE'S MOST PROMINENT EDUCATORS, CARROLL FREDERICK REAMES OF
ANDERSON, WHO DIED FRIDAY, FEBRUARY 10, 1995.
The Concurrent Resolution was agreed to and returned to the Senate with
concurrence.
HOUSE RESOLUTION
The following was introduced:
H. 3692 -- Rep. Kelley: A HOUSE RESOLUTION MEMORIALIZING THE CONGRESS OF THE
UNITED STATES TO ADOPT H. R. 842, THE "TRUTH IN BUDGETING ACT".
The Resolution was ordered referred to the Committee on Invitations and
Memorial Resolutions.
HOUSE RESOLUTION
The following was introduced:
H. 3693 -- Reps. Robinson, Rice, Marchbanks and Trotter: A HOUSE RESOLUTION TO
COMMEND AND CONGRATULATE THE MEMBERS OF THE RICHARD H. GETTYS MIDDLE
SCHOOL
CHEERLEADING SQUAD OF PICKENS COUNTY UPON RECENTLY BEING SELECTED FIRST
RUNNER-UP IN THE JUNIOR HIGH DIVISION OF THE NATIONAL CHEERLEADERS ASSOCIATION
Printed Page 1038 . . . . . Tuesday, February 28,
1995
NATIONAL CHAMPIONSHIP IN DALLAS, TEXAS, FOR THE PURPOSE OF BEING
RECOGNIZED IN THE HOUSE BALCONY ON MARCH 2, 1995.
The Resolution was adopted.
INTRODUCTION OF BILLS
The following Bills and Joint Resolution were introduced, read the first
time, and referred to appropriate committees:
H. 3362 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE
ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY
1,
1995 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO
FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL
YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC
WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 44-2-40, AS AMENDED,
OF
THE 1976 CODE, RELATING TO THE ESTABLISHMENT AND USES OF THE SUPERB ACCOUNT
AND
THE SUPERB FINANCIAL RESPONSIBILITY FUND, SO AS TO PLACE THE ADMINISTRATION OF
THE SUPERB FINANCIAL RESPONSIBILITY FUND UNDER THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL, TO CLARIFY THE USES AND MAXIMUM PAYOUTS OF THE FUND,
AND
TO PROVIDE THAT DISPUTES OVER THIRD PARTY CLAIMS AGAINST THE FUND MUST BE
DETERMINED BY THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 8-11-165
OF THE 1976 CODE, RELATING TO THE AGENCY HEAD SALARY COMMISSION, SO AS TO
REQUIRE AGENCY HEAD SALARY COMMISSION AND STATE BUDGET AND CONTROL BOARD
APPROVAL TO SET THE SALARY OF A PRESIDENT OF A TECHNICAL COLLEGE IN EXCESS OF
NINETY-FIVE PERCENT OF THE MIDPOINT OF THE AGENCY HEAD SALARY RANGE AND TO
CORRECT OBSOLETE REFERENCES; TO AMEND SECTION 23-6-40 OF THE 1976 CODE RELATING,
TO THE MANAGEMENT OF THE DEPARTMENT OF PUBLIC SAFETY SO AS TO PROVIDE THAT
THE
DEPARTMENT DIRECTOR SHALL RECOMMEND THE SALARIES OF DEPUTY DIRECTORS; TO
AMEND
SECTION 57-1-450 OF THE 1976 CODE RELATING TO THE MANAGEMENT OF THE DEPARTMENT
OF TRANSPORTATION, SO AS TO PROVIDE THAT THE
Printed Page 1039 . . . . . Tuesday, February 28,
1995
DEPARTMENT DIRECTOR SHALL RECOMMEND THE SALARIES OF DEPUTY
DIRECTORS; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-335 SO AS TO AUTHORIZE
THE DIVISIONS OF THE BUDGET AND CONTROL BOARD TO PROVIDE TO AND RECEIVE FROM
OTHER GOVERNMENTAL ENTITIES GOODS AND SERVICES, AND TO AUTHORIZE THESE
DIVISIONS
TO CHARGE AND PAY FOR SUCH GOODS AND SERVICES, THE REVENUE FROM WHICH MUST
BE
USED FOR THE COSTS OF PROVIDING THE GOODS AND SERVICES; TO AMEND THE 1976 CODE
BY ADDING SECTION 11-9-95 SO AS TO PROVIDE THAT WITH RESPECT TO DEBTS OWED TO
THE BUDGET AND CONTROL BOARD AT THE END OF ANY FISCAL YEAR, THE BOARD IS
AUTHORIZED TO TRANSFER ANY FUNDS REMAINING IN THE AGENCY'S ACCOUNTS TO PAY
THESE
DEBTS PRIOR TO THE CLOSING OF THE BOOKS FOR THAT FISCAL YEAR, AND TO PROVIDE
EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 48-52-435 SO AS TO PROVIDE
THAT IN ORDER TO AVOID DUPLICATIVE STUDIES, FUNDS SHALL NOT BE EXPENDED BY
STATE
AGENCIES FOR STUDIES INVESTIGATING ALTERNATIVE ENERGY USAGE OR CONSERVATION
MEASURES WITHOUT PRIOR APPROVAL OF THE STATE ENERGY OFFICE AND THE JOINT
LEGISLATIVE COMMITTEE ON ENERGY; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-
115 SO AS TO PROVIDE THAT PRICES OFFERED IN CONNECTION WITH CONTRACTS FOR
PURCHASES MADE BY THE STATE OF SOUTH CAROLINA FOR ANY COUNTY, MUNICIPALITY,
COLLEGE OR UNIVERSITY, POLITICAL SUBDIVISION, SCHOOL DISTRICT, OR AGENCY OF THE
STATE SHALL NOT BE SUBJECT TO FAIR TRADE CONTRACTS; TO AMEND THE 1976 CODE BY
ADDING SECTION 10-1-200 SO AS TO PROVIDE FOR THE REGULATION OF PARKING
FACILITIES OWNED OR CONTROLLED BY AGENCIES OF STATE GOVERNMENT; TO AMEND
THE
1976 CODE BY ADDING SECTION 10-1-180 SO AS TO PROVIDE THAT THE EXPENDITURE OF
FUNDS BY ANY STATE AGENCY, EXCEPT THE DEPARTMENT OF TRANSPORTATION FOR
PERMANENT
IMPROVEMENTS AS DEFINED IN THE STATE BUDGET, ARE SUBJECT TO APPROVAL AND
REGULATION OF THE STATE BUDGET AND CONTROL BOARD; TO AMEND THE 1976 CODE BY
ADDING SECTION 10-1-190 SO AS TO PROVIDE THAT, AS PART OF THE APPROVAL PROCESS
RELATING TO TRADES OF STATE PROPERTY FOR NONSTATE PROPERTY, THE STATE BUDGET
Printed Page 1040 . . . . . Tuesday, February 28,
1995
AND CONTROL BOARD IS AUTHORIZED TO APPROVE THE APPLICATION OF
ANY NET PROCEEDS RESULTING FROM SUCH A TRANSACTION TO THE IMPROVEMENT OF
THE
PROPERTY HELD BY THE BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 10-3-60 SO
AS TO PROVIDE THAT REVENUES GENERATED FROM THE RENTALS OF THE FACILITIES OF
THE
GOVERNOR'S MANSION COMPLEX MAY BE RETAINED AND EXPENDED FOR THE BUDGETED
OPERATION OF THE COMPLEX; TO AMEND ARTICLE 1, CHAPTER 35, TITLE 11, OF THE 1976
CODE RELATING TO GENERAL PROVISIONS CONCERNING THE CONSOLIDATED
PROCUREMENT CODE
BY ADDING SUBARTICLE 11 SO AS TO AUTHORIZE A GOVERNMENTAL BODY TO ACCEPT
GIFTS-IN-KIND OF ARCHITECTURAL OR ENGINEERING SERVICES, OR BOTH AND ITEMS OF
CONSTRUCTION WITH A VALUE OF LESS THAN TWO HUNDRED FIFTY THOUSAND DOLLARS
WITH
THE APPROVAL OF CERTAIN INDIVIDUALS IF THE GIFT IS MADE OR ACCEPTED WITHOUT
THE
INTENT TO INFLUENCE THE JUDGMENT OF THE GOVERNMENTAL BODY; TO AMEND SECTION
11-35-5260 OF THE 1976 CODE RELATING TO ANNUAL REPORTS BY A GOVERNMENTAL BODY
BEING MADE ANNUALLY TO THE BUDGET AND CONTROL BOARD CONCERNING THE NUMBER
AND
DOLLAR VALUE OF CONTRACTS AWARDED TO ELIGIBLE MINORITY BUSINESSES DURING THE
PRECEDING FISCAL YEAR, SO AS TO REQUIRE THE REPORTS TO BE MADE TO THE DIVISION
OF OPERATIONS OF THE BOARD BY AUGUST FIFTEENTH OF THE TOTAL DOLLAR VOLUME
OF
BUSINESS THAT WAS CONTRACTED EITHER DIRECTLY OR THROUGH CERTIFIED
SUBCONTRACTORS
WHO ARE SMALL, MINORITY, OR WOMEN-OWNED BUSINESS DURING THE PREVIOUS FISCAL
YEAR; TO AMEND THE 1976 CODE BY ADDING SECTION 48-52-635 SO AS TO AUTHORIZE A
STATE AGENCY TO CARRY FORWARD AND RETAIN SAVINGS REALIZED FROM ENERGY
CONSERVATION MEASURES WHICH HAVE BEEN CERTIFIED BY THE STATE ENERGY OFFICE;
TO
AMEND THE 1976 CODE BY ADDING SECTION 1-11-141, SO AS TO REQUIRE STATE AGENCIES
TO INSURE STATE-OWNED VEHICLES THROUGH THE BUDGET AND CONTROL BOARD OR
ABSORB
THE COST OF ACCIDENT REPAIRS, ESTABLISHES CONDITION UNDER WHICH A STATE
EMPLOYEE
WHILE DRIVING A STATE-OWNED VEHICLE IS LIABLE FOR AN ASSESSMENT; TO AMEND
SECTION
Printed Page 1041 . . . . . Tuesday, February 28,
1995
1-11-270 OF THE 1976 CODE, RELATING TO THE DIVISION OF MOTOR
VEHICLE MANAGEMENT ESTABLISHING CRITERIA FOR INDIVIDUAL ASSIGNMENT OF MOTOR
VEHICLES, SO AS TO DEFINE THE CONDITIONS FOR WHICH A STATE-OWNED VEHICLE MAY
BE
ASSIGNED TO STATE EMPLOYEES; TO AMEND SECTION 1-11-710 OF THE 1976 CODE,
RELATING TO THE BUDGET AND CONTROL BOARD MAKING INSURANCE AVAILABLE TO
ACTIVE
AND RETIRED EMPLOYEES, SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD TO
DEVELOP
AND IMPLEMENT A PLAN TO INCREASE THE EMPLOYER CONTRIBUTION RATES OF STATE
RETIREMENT SYSTEM TO A LEVEL ADEQUATE TO COVER THE EMPLOYER'S SHARE FOR THE
CURRENT FISCAL YEAR'S COST OF PROVIDING HEALTH AND DENTAL INSURANCE TO
RETIRED
STATE AND SCHOOL DISTRICT EMPLOYEES; TO AMEND THE 1976 CODE BY ADDING SECTION
1-11-580 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD TO MAKE QUARTERLY
PAYMENTS ON INSURANCE CONTRACTS WHERE THE ANNUAL PREMIUM EXCEEDS FIFTY
THOUSAND
DOLLARS AND TO UNDERTAKE NEGOTIATIONS TO IMPLEMENT THIS REQUIREMENT; TO
AMEND
THE 1976 CODE BY ADDING SECTION 1-11-450 SO AS TO ALLOW THE BUDGET AND CONTROL
BOARD TO WITHHOLD LONG-TERM CARE INSURANCE PREMIUMS FOR STATE OF SOUTH
CAROLINA
RETIREES; TO AMEND THE 1976 CODE BY ADDING SECTION 2-7-78 SO AS TO PROVIDE
REQUIREMENTS FOR CERTIFICATION OF REVENUE IN THE GOVERNOR'S RECOMMENDED
APPROPRIATIONS BILL AND THE CONFERENCE COMMITTEE REPORT ON THE BILL; TO
AMEND
THE 1976 CODE BY ADDING SECTION 8-11-195 SO AS TO ESTABLISH GUIDELINES FOR STATE
EMPLOYEE FURLOUGH POLICIES; TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-200
SO
AS TO PROVIDE THE REQUIREMENTS FOR REIMBURSEMENT OF TRAVEL EXPENSES TO
PERSONS
INTERVIEWING FOR STATE EMPLOYMENT; TO AMEND THE 1976 CODE BY ADDING SECTION
8-11-190 SO AS TO PROVIDE FOR THE USE OF PUBLIC FUNDS TO REWARD STATE EMPLOYEES;
TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-50 SO AS TO PROVIDE THAT FUNDS
ACCUMULATED BY THE DIVISION OF BUDGET AND ANALYSES, BUDGET AND CONTROL
BOARD,
UNDER CONTRACT FOR PROVIDING GOODS AND SERVICES WHICH ARE NOT EXPENDED MAY
BE
CARRIED
Printed Page 1042 . . . . . Tuesday, February 28,
1995
FORWARD FOR THE COSTS ASSOCIATED WITH PROVIDING THESE GOODS AND
SERVICES; TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2322 SO AS TO AUTHORIZE
THE DEPARTMENT OF REVENUE AND TAXATION TO SELL A DEALER LICENSE PLATE FOR
USE ON
A MOTOR VEHICLE WHICH THE DEALER LOANS TO A SCHOOL FOR DRIVER EDUCATION; TO
AUTHORIZE A TWENTY DOLLAR FEE FOR THE LICENSE PLATE AND TO REQUIRE SURRENDER
OF
THE LICENSE PLATE WHEN IT IS NO LONGER USED FOR DRIVER EDUCATION; TO AMEND THE
1976 CODE BY ADDING SECTION 11-9-370 SO AS TO PROVIDE THAT A STATE AGENCY
COLLECTING REVENUE TO BE APPLIED TO PAYMENTS ON GENERAL OBLIGATION BONDS
SHALL
SUBMIT REVENUE COLLECTED TO THE STATE TREASURER AND THE REVENUE SUBMITTED
CONSTITUTES A REIMBURSEMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 2-7-115
SO
AS TO PROVIDE THAT THE APPROPRIATIONS FOR DEBT SERVICE IN THE GENERAL
APPROPRIATIONS ACT ARE THE ESTIMATED DEBT SERVICE REQUIREMENTS OF BONDS OF
THE
STATE FOR EACH FISCAL YEAR, AND TO PROVIDE THAT THE INCLUSION OF THESE
APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT SHALL NOT PREVENT
THE
ISSUANCE OF ADDITIONAL BONDS PURSUANT TO CURRENT OR FUTURE AUTHORIZATIONS
IF
PERMITTED BY LAW; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-590 SO AS TO
REQUIRE THE SPECIAL FUND THAT SUPPORTS CERTAIN BONDED DEBT OF THE STATE ISSUED
BEFORE DECEMBER 1, 1997, TO BE FIRST APPLIED TO DEBT SERVICE; TO AMEND THE CODE
OF 1976 BY ADDING SECTION 2-7-107 SO AS TO REQUIRE SUFFICIENT APPROPRIATIONS TO
PAY GENERAL OBLIGATION DEBT INCURRED AFTER DECEMBER 1, 1977; TO AMEND THE 1976
CODE BY ADDING SECTION 11-1-100 SO AS TO AUTHORIZE THE BUDGET AND CONTROL
BOARD,
AFTER REVIEW OF THE JOINT BOND REVIEW COMMITTEE, TO REGULATE THE STARTING
DATE
OF THE VARIOUS PROJECTS APPROVED FOR FUNDING THROUGH THE ISSUANCE OF CAPITAL
IMPROVEMENT BONDS; TO AMEND THE 1976 CODE BY ADDING SECTION 4-5-260 SO AS TO
PROVIDE, AMONG OTHER THINGS, THAT, WITH RESPECT TO STATE AID TO SUBDIVISIONS
FOR
COUNTY GOVERNMENT AND THE ALLOCATION FORMULA FOR AN ANNEXED COUNTY,
WHERE A
PORTION OF ONE COUNTY IS ANNEXED TO
Printed Page 1043 . . . . . Tuesday, February 28,
1995
ANOTHER COUNTY, THE TOTAL AMOUNT ALLOCATED TO THE TWO COUNTIES
SHALL NOT EXCEED THE TOTAL WHICH WOULD BE ALLOCATED TO THE TWO COUNTIES
SEPARATELY; TO AMEND THE 1976 CODE BY ADDING SECTION 6-27-45 SO AS TO PROVIDE
THAT, WITH RESPECT TO LOCAL GOVERNMENT AND THE STATE AID TO SUBDIVISIONS ACT,
NOTWITHSTANDING THE AMOUNT APPROPRIATED IN THE ANNUAL GENERAL
APPROPRIATION ACT
FOR "HOMESTEAD EXEMPTION REIMBURSEMENT", THERE MUST BE ANNUALLY
APPROPRIATED WHATEVER AMOUNT IS NECESSARY TO REIMBURSE TO COUNTIES AND
MUNICIPALITIES FOR EXEMPTIONS ALLOWED IN ACCORDANCE WITH THE PROVISIONS OF
LAW;
TO AMEND THE 1976 CODE BY ADDING SECTION 11-3-240 SO AS TO SPECIFY THAT FOUR
CENTS PER CAPITA BE APPROPRIATED TO EACH COUNTY TO BE APPLIED TOWARD THE
EXPENSE
OF PRINTING TAX FORMS AND SUPPLIES, AND PROVIDE FOR THE MANNER OF PAYMENT; TO
AMEND THE 1976 CODE BY ADDING ARTICLE 10 TO CHAPTER 21 OF TITLE 8 SO AS TO
PROVIDE SALARY SUPPLEMENTS FOR CLERKS OF COURT, PROBATE COURT JUDGES, AND
SHERIFFS; TO AMEND THE 1976 CODE BY ADDING SECTION 6-7-185 SO AS TO SPECIFY HOW
THE ANNUAL APPROPRIATION TO THE REGIONAL COUNCILS OF GOVERNMENTS IS
ALLOCATED;
TO AMEND THE 1976 CODE BY ADDING SECTION 6-7-157 SO AS TO REQUIRE REGIONAL
COUNCILS OF GOVERNMENT TO PROVIDE A SPENDING PLAN BEFORE RECEIPT OF STATE
FUNDS
AND PROVIDE FOR AN AUDIT OF APPROPRIATED FUNDS; TO AMEND THE 1976 CODE BY
ADDING
SECTION 6-7-155 SO AS TO REQUIRE THE STATE TREASURER TO DISBURSE FUNDS TO
REGIONAL COUNCILS OF GOVERNMENT UPON APPROVAL; TO AMEND THE 1976 CODE BY
ADDING
SECTION 6-1-75 SO AS TO PROVIDE THAT WHERE A PORTION OF ONE COUNTY IS ANNEXED
TO
ANOTHER COUNTY, THE AMOUNT ALLOCATED UNDER AID TO SUBDIVISIONS TO THE TWO
COUNTIES MUST NOT EXCEED THE AMOUNT THAT WOULD BE ALLOCATED TO THE
COUNTIES
SEPARATELY AND TO REQUIRE THE POPULATION OF THE ANNEXED AREAS TO BE TAKEN
INTO
CONSIDERATION IN DETERMINING THE PROPORTIONATE ALLOCATION FOR EACH COUNTY;
TO
AMEND THE 1976 CODE BY ADDING SECTION 11-9-140 SO AS TO ALLOW THE BUDGET AND
CONTROL BOARD TO TRANSFER TO THE BOND
Printed Page 1044 . . . . . Tuesday, February 28,
1995
CONTINGENCY REVOLVING FUND ANY CAPITAL IMPROVEMENT BOND PROJECT
BALANCES DETERMINED NOT TO BE USABLE OR NEEDED, AND PROVIDE FOR EXEMPTIONS
AND
RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-180 SO AS TO
PROVIDE ADDITIONAL POWERS TO THE BUDGET AND CONTROL BOARD INCLUDING THE
POWER TO
EXAMINE AGENCY ACCOUNTING SYSTEMS AND REQUIRE ADOPTION OF POLICIES AND
PROCEDURES FOR PROPER ACCOUNTING; TO PROTECT AGAINST FIRE LOSS AND
DETERIORATION
OF STATE PROPERTY; TO APPROVE DESTRUCTION OF AGENCY RECORDS; TO APPROVE PLANS
FOR PERMANENT IMPROVEMENTS MADE BY STATE AGENCIES; TO APPROVE BLANKET
BONDS
INCLUDING BONDS ON EMPLOYEES OR STATE OFFICIALS; AND TO CONTRACT TO DEVELOP
AN
ENERGY UTILIZATION MANAGEMENT SYSTEM FOR FACILITIES UNDER THE BOARD'S
CONTROL;
TO AMEND SECTION 1-1-810 OF THE 1976 CODE, RELATING TO THE PERIOD TO BE COVERED
BY ANNUAL REPORTS, SO AS TO PROVIDE THAT EACH STATE AGENCY AND DEPARTMENT
SHALL
SUBMIT AN ANNUAL REPORT WHICH MUST BE AN ACCOUNTABILITY REPORT; AND TO
AMEND
SECTION 1-1-820, RELATING TO CONTENTS OF ANNUAL REPORTS, SO AS TO PROVIDE THAT
AN ACCOUNTABILITY REPORT MUST CONTAIN THE AGENCY MISSION, OBJECTIVES, AND
PERFORMANCE MEASURES; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-405 SO AS
TO
PROVIDE THAT NO AIRCRAFT MAY BE PURCHASED, LEASED, OR LEASE-PURCHASED FOR
MORE
THAN A THIRTY-DAY PERIOD BY ANY STATE AGENCY WITHOUT THE PRIOR AUTHORIZATION
OF
THE BUDGET AND CONTROL BOARD AND THE JOINT BOND REVIEW COMMITTEE; TO AMEND
SECTION 44-53-530, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SEIZURE AND
FORFEITURE OF PROPERTY USED IN ILLEGAL CONTROLLED SUBSTANCE TRANSACTIONS, SO
AS
TO PROVIDE THAT IF THE PROPERTY SEIZED AND FORFEITED IS AN AIRCRAFT OR
WATERCRAFT AND IS TRANSFERRED TO A STATE LAW ENFORCEMENT AGENCY OR OTHER
STATE
AGENCY, ITS USE AND RETAINAGE BY THAT AGENCY SHALL BE AT THE DISCRETION AND
APPROVAL OF THE BUDGET AND CONTROL BOARD; TO AMEND THE 1976 CODE BY ADDING
SECTION 56-31-60 SO AS TO PROVIDE FOR A PENALTY OF ONE THOUSAND DOLLARS A
VEHICLE ON EACH VEHICLE WHICH A
Printed Page 1045 . . . . . Tuesday, February 28,
1995
CAR RENTAL COMPANY FAILS TO REGISTER AND LICENSE IN THIS STATE,
AND FAILS TO REMIT PROPERTY TAXES IN THIS STATE AS REQUIRED BY LAW, AND TO
PROVIDE FOR THE SEIZURE AND SUBSEQUENT DESTRUCTION OF THE VEHICLE IF THE
APPROPRIATE FEES AND TAXES ARE NOT PAID AFTER NINETY DAYS; TO AMEND SECTION
12-21-2710 OF THE 1976 CODE, RELATING TO COIN-OPERATED MACHINES AND DEVICES
PROHIBITED BY LAW, SO AS TO INCLUDE VIDEO SLOT MACHINES WHICH DO NOT DISBURSE
MONEY BUT WHICH HAVE A FREE PLAY FEATURE AND ALL OTHER VIDEO GAMES WHICH
DO NOT
DISBURSE MONEY BUT WHICH HAVE A FREE PLAY FEATURE REGARDLESS OF THE GAME ON
THE
MACHINES WITHIN THE CATEGORY OF DEVICES EXEMPT FROM THE PROHIBITION; TO
AMEND
SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSE FEES FOR COIN-OPERATED
MACHINES AND DEVICES, SO AS TO INCREASE THE FEE ON CERTAIN MACHINES AND TO
DELETE A ONE-TIME ADDITIONAL FEE; TO AMEND SECTIONS 12-21-2776 AND 12-21-2804,
AS AMENDED, RELATING TO REGULATION OF VIDEO GAMES WITH A FREE PLAY FEATURE,
SO
AS TO EXTEND FROM JULY 1, 1995, TO JULY 1, 1998, THE DEADLINE FOR INSTALLING
METERS, TO INCREASE FROM FIVE TO EIGHT THE NUMBER OF MACHINES ALLOWED AT A
SINGLE PLACE OR PREMISES, AND TO ALLOW MACHINES TO BE PLAYED UNTIL TWO
O'CLOCK
A.M. ON SUNDAYS; AND TO REPEAL SECTION 12-21-2791, RELATING TO LIMITS ON CASH
PAYOUTS; TO REDUCE THE SOFT DRINKS TAX BY AN INCREMENTAL ONE-SIXTH IN FISCAL
YEARS 1995-96 THROUGH 1999-2000; AND TO REPEAL ARTICLE 13, CHAPTER 21 OF TITLE
12 OF THE 1976 CODE, RELATING TO THE IMPOSITION OF THE SOFT DRINKS TAX,
EFFECTIVE JULY 1, 2000; TO AMEND SECTION 57-11-20, AS AMENDED, OF THE 1976 CODE,
RELATING TO THE STATE HIGHWAY FUND, SO AS TO REQUIRE INTEREST EARNED FROM THE
FUND TO BE DEPOSITED IN THE FUND; TO AMEND SECTION 44-96-160, AS AMENDED, OF THE
1976 CODE, RELATING TO THE SALE AND DISPOSAL OF MOTOR OIL, SO AS TO PROVIDE THAT
MOTOR CARRIERS RATHER THAN FOR HIRE MOTOR CARRIERS ARE EXEMPT FROM CERTAIN
FEES,
AND TO PROVIDE FOR TECHNICAL CORRECTIONS CONCERNING REPORTS FILED WITH THE
ENVIRONMENTAL PROTECTION AGENCY REGARDING THE EXISTENCE OF WASTE OIL
STORAGE
Printed Page 1046 . . . . . Tuesday, February 28,
1995
TANKS; TO AMEND THE 1976 CODE, BY ADDING SECTION 58-23-25 SO AS
TO DEFINE THE PUBLIC SERVICE COMMISSION'S MOTOR CARRIER REGULATORY AUTHORITY;
BY
ADDING SECTION 58-23-350 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND
TAXATION WITH AUTHORITY TO ISSUE CLASS E CERTIFICATES OF COMPLIANCE TO FOR-HIRE
MOTOR VEHICLES, TO PROVIDE FOR THE FEE AND PROCEDURE TO OBTAIN A CERTIFICATE,
PROCEDURES TO ENSURE COMPLIANCE WITH THESE REQUIREMENTS, AND THE POSSIBILITY
THAT A CERTIFICATE HOLDER MAY BE ELIGIBLE FOR CERTAIN EXCEPTIONS PROVIDED IN
SECTIONS 58-23-620 AND 44-96-160(V)(1); TO AMEND SECTION 58-23-590, RELATING TO
LICENSE FEES FOR CLASS E AND F CERTIFICATE HOLDERS, SO AS TO ELIMINATE THE FEE
SCHEDULE FOR CLASS E AND F CERTIFICATE HOLDERS, AND TO ALLOW THE PUBLIC
SERVICE
COMMISSION TO DETERMINE THE ASSESSMENTS FOR HOUSEHOLD GOODS AND HAZARDOUS
WASTE
DISPOSAL, TO ESTABLISH THE OFFICE COMPLIANCE AND PROVIDE IT WITH THE POWER TO
ASSESS FEES, GRANT OPERATING CERTIFICATES, SET RATES, AND ENFORCE THE
COMMISSION'S REGULATIONS; TO AMEND SECTION 58-23-620, RELATING TO SITUATIONS IN
WHICH LOCAL LICENSE FEES MAY OR MAY NOT BE IMPOSED ON A CERTIFICATE A, B, C, D,
E, OR F HOLDER, SO AS TO DELETE THE CERTIFICATE D AND TO PROVIDE CIRCUMSTANCES
IN WHICH LOCAL LICENSE FEES MAY BE IMPOSED ON A CERTIFICATE OF COMPLIANCE OR
A
COMMON OR CONTRACT MOTOR CARRIER OF PROPERTY; TO AMEND SECTION 58-23-640, AS
AMENDED, RELATING TO THE ASSESSMENT AND DISTRIBUTION OF THE PUBLIC SERVICE
COMMISSION'S IDENTIFIER FEE, SO AS TO SUBSTITUTE "DEPARTMENT OF REVENUE
AND
TAXATION" FOR "PUBLIC SERVICE COMMISSION" AND PLACE ALL REVENUE
GENERATED BY THE FEE IN THE GENERAL FUND; TO AMEND SECTION 58-23-650, AS
AMENDED, RELATING TO THE PUBLIC SERVICE COMMISSION'S AUTHORITY TO ENTER INTO
RECIPROCAL AGREEMENTS WITH REGULATORY AGENCIES OF OTHER STATES HAVING
JURISDICTION OVER MOTOR CARRIERS, SO AS TO SUBSTITUTE "DEPARTMENT OF
REVENUE AND TAXATION" FOR "PUBLIC SERVICE COMMISSION", AND TO
PROVIDE THE DEPARTMENT OF PUBLIC SAFETY AUTHORITY TO ENFORCE THESE
AGREEMENTS;
TO AMEND SECTION
Printed Page 1047 . . . . . Tuesday, February 28,
1995
58-23-1120, RELATING TO REQUIRING A MOTOR CARRIER TO COMPLY WITH
ORDERS AND REGULATIONS PRESCRIBED BY THE PUBLIC SERVICE COMMISSION, SO AS TO
DEFINE THE ROLE OF THE PUBLIC SERVICE COMMISSION, THE DEPARTMENT OF PUBLIC
SAFETY, AND THE TRANSPORT POLICE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY
IN
THE REGULATION OF MOTOR CARRIERS; AND TO REPEAL SECTION 58-23-580 RELATING TO
LICENSE FEES FOR CLASS D CERTIFICATE HOLDERS; TO AMEND SECTIONS 24-21-510 AND
24-21-540 OF THE 1976 CODE, RELATING TO DUTIES OF THE DEPARTMENT OF PROBATION,
PAROLE, AND PARDON SERVICES FOR COMMUNITY CONTROL CENTERS, PRESENTENCE
INVESTIGATIONS, AND SENTENCING OPTIONS, SO AS TO DELETE REFERENCES TO
PRESENTENCE INVESTIGATIONS; AND TO REPEAL SECTIONS 24-21-520 AND 24-21-530 OF
THE 1976 CODE, RELATING TO PRESENTENCE INVESTIGATIONS; TO AMEND SECTION
50-11-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE MIGRATORY WATERFOWL
COMMITTEE, SO AS TO DELETE PROVISIONS PERTAINING TO THE COMMITTEE, TRANSFER
ITS
DUTIES AND RESPONSIBILITIES TO THE DEPARTMENT OF NATURAL RESOURCES, AND REVISE
PROCEDURES PERTAINING TO RELATED FUNDS; TO REPEAL CHAPTER 19, TITLE 1, OF THE
1976 CODE, RELATING TO THE STATE REORGANIZATION COMMISSION, TO REPEAL CHAPTERS
22, 23, 25, 27, 29, 39, 43, 51, 55, AND 73, ALL OF TITLE 2, RELATING TO VARIOUS
COMMITTEES INCLUDING THOSE RELATING TO AQUACULTURE, INSURANCE, CRIME,
ALCOHOL
AND DRUG ABUSE, ELECTION LAW, MENTAL HEALTH AND MENTAL RETARDATION,
TEXTILES,
AGING, HEALTH CARE, AND THE DISABLED, TO REPEAL SECTION 11-35-520 RELATING TO
THE PROCUREMENT POLICY COMMITTEE, CHAPTER 32 OF TITLE 46, RELATING TO THE
TOBACCO ADVISORY COMMISSION, ARTICLE 11, CHAPTER 3 OF TITLE 57, RELATING TO THE
INTERAGENCY COUNCIL ON PUBLIC TRANSPORTATION, AND CHAPTER 9 OF TITLE 59,
RELATING TO THE COMMITTEE TO MAKE A CONTINUING STUDY OF THE EDUCATIONAL
SYSTEM;
TO AMEND THE 1976 CODE BY ADDING SECTION 11-11-325 SO AS TO ESTABLISH A SEPARATE
FUND IN THE STATE TREASURY STYLED THE "STATE PROPERTY TAX RELIEF
FUND"
AND PROVIDE THAT AMOUNTS CREDITED TO THIS FUND MUST BE
Printed Page 1048 . . . . . Tuesday, February 28,
1995
USED TO PROVIDE PROPERTY TAX RELIEF FOR OWNER-OCCUPIED
RESIDENTIAL PROPERTY; BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
SOUTH CAROLINA:
Without reference.
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