Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996
Page Finder Index
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Printed Page 800, Feb. 15
| Printed Page 826, Feb. 20
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Printed Page 810 . . . . . Thursday, February 15,
1996
SPEAKER PRO TEMPORE HASKINS stated that the amendment might be inartfully drawn but was
germane and he overruled the Point of Order.
Rep. HARRISON spoke against the amendment.
Rep. SHEHEEN moved to divide the question, which was agreed to.
QUESTION 1
Amend the bill, as and if amended, by striking subsection (B) of Section 2-1-105 of the 1976 Code, as
contained in Section 1, and inserting:
/(B) No member of the General Assembly may apply for or be elected to a salaried office or position
which is filled by election of the General Assembly while he is serving in the General Assembly and for a
period of eighteen months thereafter./
Rep. VAUGHN spoke in favor of the amendment.
SPEAKER IN CHAIR
Rep. ROGERS spoke in favor of the amendment.
Reps. HODGES and CROMER spoke against the amendment.
Rep. SCOTT spoke against the amendment.
Rep. CROMER moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Yeas 14; Nays 82
Those who voted in the affirmative are:
Askins Baxley Boan
Brown, G. Cromer Delleney
Harrison Haskins Hodges
Jennings Martin Rice
Sharpe Whipper, S.
Total--14
Those who voted in the negative are:
Allison Anderson Breeland
Brown, H. Brown, J. Byrd
Cain Carnell Cato
Printed Page 811 . . . . . Thursday, February 15,
1996
Cave Chamblee Cobb-Hunter
Cotty Dantzler Davenport
Easterday Gamble Govan
Hallman Harrell Harris, J.
Harris, P. Herdklotz Hines, J.
Hines, M. Howard Hutson
Inabinett Jaskwhich Keegan
Kelley Kirsh Klauber
Knotts Koon Law
Lee Limehouse Littlejohn
Lloyd Loftis Mason
McAbee McCraw McElveen
McKay McMahand McTeer
Meacham Moody-Lawrence Neal
Neilson Phillips Quinn
Rhoad Richardson Riser
Robinson Rogers Sandifer
Scott Seithel Sheheen
Shissias Simrill Smith, R.
Stille Stuart Townsend
Tripp Trotter Vaughn
Waldrop Walker Whatley
Whipper, L. Wilder Witherspoon
Wofford Wright Young
Young-Brickell
Total--82
So, the House refused to table the amendment.
Reps. T. BROWN, D. SMITH, VAUGHN, HASKINS, KNOTTS, KELLEY, ALLISON, DAVENPORT,
WALKER, SANDIFER and KLAUBER objected to the Bill.
RECORD FOR NOT VOTING
I will not be voting on H. 3062 because I believe it to be a conflict of interest on my part since I have
been elected to the Employment Security Commission.
Rep. CAROLE C. WELLS
Printed Page 812 . . . . . Thursday, February 15,
1996
RECURRENCE TO THE MORNING HOUR
Rep. TOWNSEND moved that the House recur to the morning hour, which was agreed to.
INTRODUCTION OF BILLS
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4637 -- Reps. Townsend, Allison, Howard and Wright: A BILL TO AMEND THE CODE OF LAWS
OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION
OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC
INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO
STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE
COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND
RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE
RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY
ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR
ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND
THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE
MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE
BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND
REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN
WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS
DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN
INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND
FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE
COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF
THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER
EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE
STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY
INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF
ACHIEVEMENT,
Printed Page 813 . . . . . Thursday, February 15,
1996
AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET
THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH
INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY
OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND
SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL
BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE THAT AN
INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY
THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER
IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1,
1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO
APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO
AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL
PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER
104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC
EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE
REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS
ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED
ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE
ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE
COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT
AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF
PREPARING THE REPORT.
Referred to Committee on Education and Public Works.
H. 4638 -- Rep. Jennings: A BILL TO AMEND SECTION 20-7-1572, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF
PARENTAL RIGHTS, SO AS TO DELETE AS A GROUND A PARENT HAVING AN ALCOHOL OR
DRUG ADDICTION, MENTAL DEFICIENCY, MENTAL ILLNESS, OR EXTREME PHYSICAL
INCAPACITY.
Referred to Committee on Judiciary.
Printed Page 814 . . . . . Thursday, February 15,
1996
Rep. FLEMING moved that the House do now adjourn, which was adopted.
MOTION NOTED
Rep. MOODY-LAWRENCE moved to reconsider the vote whereby H. 4402 was continued and the
motion was noted.
RETURNED WITH CONCURRENCE
The Senate returned to the House with concurrence the following:
H. 4595 -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF
JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A.
FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF
THE JUDICIARY AT 12:30 P.M. ON TUESDAY, FEBRUARY 20, 1996.
H. 4617 -- Reps. McAbee, Carnell, Klauber and Stille: A CONCURRENT RESOLUTION
CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER UNIVERSITY AND HEAD COACH
JOSEPH CABRI ON WINNING THE 1995 NCAA DIVISION II NATIONAL CHAMPIONSHIP.
H. 4618 -- Rep. Stuart: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA
TREE FARM PROGRAM FOR ITS CONTRIBUTIONS TO THE ENHANCEMENT OF THE FORESTS
OF THIS STATE AND THE ENVIRONMENT OF WHICH FORESTLANDS ARE A PART.
H. 4619 -- Reps. Sharpe, Riser, Rhoad, and Witherspoon: A CONCURRENT RESOLUTION
COMMENDING SOUTH CAROLINA'S FFA MEMBERS, THEIR ADVISORS, SCHOOL
ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT AND ENCOURAGE THESE
STUDENTS OF NATURAL, ENVIRONMENTAL, AND AGRICULTURAL RESOURCES
EDUCATION ON THE OCCASION OF THE CELEBRATION OF NATIONAL FFA WEEK,
FEBRUARY 17-24, 1996.
H. 4633 -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION CONGRATULATING
EDNA MAE BRUNSON
Printed Page 815 . . . . . Thursday, February 15,
1996
EAGERTON OF CLARENDON COUNTY ON HER SELECTION AS SOUTH CAROLINA'S
"MOTHER OF THE YEAR".
ADJOURNMENT
At 11:35 A.M. the House in accordance with the motion of Rep. STODDARD adjourned in memory of
Blanche G. Nash of Fountain Inn, to meet at 10:00 A.M. tomorrow.
* * *
Printed Page 816 . . . . . Friday, February 16,
1996
Friday, February 16, 1996
(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 Who has created, sustained and redeemed us, help us to remember that it is in You that we
live, move and have our very being. Keep us ever mindful that this is our Father's world, and that You
are concerned about all that takes place in it. Give Your wisdom to all who labor here that we may see
far, think clearly and act wisely. Amid all the clatter in the world around, may Your still small voice be
heard today and every day.
Use us, then, to Your glory and Name's honor both now and always. Amen.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
ADJOURNMENT
At 10:10 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00
Noon, Tuesday, February 20.
* * *
Printed Page 817 . . . . . Tuesday, February 20,
1996
Tuesday, February 20, 1996
(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:
Keep us always aware, Lord God, of the far reaching effects of the things said and done here - not only
people of today, but those of generations to come. Cause us, then, to plan wisely and to act with wisdom
knowing that it is better to look ahead and prepare than to look backward and regret. Take our words and
actions as humble offerings as we strive to do Your will. Make us ready with the discipline and
self-control for the demands of the age in which we serve. With Your benediction, may we face the
awaiting tasks before us with honest dealings, clear thinking and worthy purpose.
And to You, our God, we give thanksgiving and praise. 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. INABINETT moved that when the House adjourns, it adjourn in memory of Susie M. Kennedy,
mother of Rep. KENNEDY of Greeleyville, which was agreed to.
Printed Page 818 . . . . . Tuesday, February 20,
1996
REGULATION RECEIVED
The following was received and referred to the appropriate committee for consideration.
Document No. 1895
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Land Application of Solid Waste
Received By Speaker February 16, 1996
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date June 15, 1996 (Subject to sine die revision)
MESSAGE FROM THE SENATE
The following was received.
Columbia, S.C., February 15, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on
R. 237, H. 4473 by a vote of 44 to 0.
(R237) H. 4473 -- Reps. Littlejohn, Wells, Wilder, Walker, Davenport, Lanford, Allison, Lee, Vaughn
and D. Smith: AN ACT TO AMEND ACT 879 OF 1960, AS AMENDED, RELATING TO THE
CREATION OF THE CROFT FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE
THE BOARD OF FIRE CONTROL FROM THREE TO FIVE AND DECREASE FROM SIX TO FOUR
YEARS THE LENGTH OF THE TERM OF THE COMMISSIONERS.
Very respectfully,
President
Received as information.
MESSAGE FROM THE SENATE
The following was received.
Columbia, S.C., February 15, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on
R. 230, H. 3161 by a vote of 44 to 0.
(R230) H. 3161 -- Rep. Littlejohn: AN ACT TO AMEND ACT 388 OF 1969, AS AMENDED,
RELATING TO THE CREATION OF THE GLENDALE AREA FIRE DISTRICT IN SPARTANBURG
COUNTY,
Printed Page 819 . . . . . Tuesday, February 20,
1996
SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE.
Very respectfully,
President
Received as information.
MESSAGE FROM THE SENATE
The following was received.
Columbia, S.C., February 15, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Greg Smith, Elliott
and Rankin of the Committee of Conference on the part of the Senate on S. 275:
S. 275 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS,
SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE,
THE LITTLE PEE DEE, THE BLACK, AND THE SAMPIT RIVERS IN GEORGETOWN
COUNTY.
Very respectfully,
President
Received as information.
INTRODUCTION OF BILLS
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate
committees:
H. 4600 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE
ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING,
JULY 1, 1996, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH
FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT
DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE
GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO
REPEAL SECTIONS 11-11-60, 11-11-130, AND 11-25-110, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO OBSOLETE PROVISIONS RELATING TO THE FORMER
RESPONSIBILITIES OF THE STATE BUDGET AND CONTROL IN THE BUDGET-MAKING
PROCESS
Printed Page 820 . . . . . Tuesday, February 20,
1996
AND AGENCY REPORTING REQUIREMENTS; TO REPEAL SECTION 1-11-21 OF THE 1976
CODE, RELATING TO REPORTING DATES FOR THE ANNUAL BUDGET REPORT; TO AMEND
SECTION 48-48-140 OF THE 1976 CODE, RELATING TO THE TAX ON LOW-LEVEL
RADIOACTIVE WASTE DISPOSAL OF TWO HUNDRED THIRTY-FIVE DOLLARS A CUBIC FOOT
AND THE DISTRIBUTION OF THIS REVENUE, AND SECTION 59-143-10, RELATING TO THE
SOUTH CAROLINA EDUCATIONAL ASSISTANCE ENDOWMENT FUND (FUND), SO AS TO
CHANGE THE NAME OF THIS FUND TO THE "CHILDREN'S EDUCATION
ENDOWMENT"; TO AMEND SECTION 12-28-2720 OF THE 1976 CODE, RELATING TO
DISTRIBUTION OF THE REVENUES OF THE 10.34 CENTS A GALLON TAX ON GASOLINE, SO
AS TO PHASE-IN THE CREDITING OF THE TOTAL AMOUNT OF THE TAX TO THE STATE
HIGHWAY FUND; TO AMEND SECTION 12-28-2470(C), AS AMENDED, OF THE 1976 CODE,
RELATING TO THE "C" FUNDS PROGRAM, SO AS TO INCREASE FROM
TWENTY-FIVE TO FIFTY PERCENT THAT PORTION OF A COUNTY'S ALLOCATION OF
"C" FUNDS THAT MUST BE EXPENDED ON HIGHWAY CONSTRUCTION,
IMPROVEMENTS, AND MAINTENANCE; TO AMEND THE 1976 CODE BY ADDING SECTION
12-37-935 SO AS TO PROVIDE A PHASED-IN INCREASE IN THE DEPRECIATION ALLOWANCE
FOR MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY
TAX AND TO PROVIDE FOR THE REIMBURSEMENT OF LOCAL TAXING ENTITIES FOR
REVENUES NOT COLLECTED BECAUSE OF THIS ADDITIONAL DEPRECIATION; AND TO
AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND
DEPRECIATION OF MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF
THE PROPERTY TAX, SO AS TO CONFORM IT TO THE PROVISIONS OF SECTION 12-37-935 AS
ADDED BY THIS ACT; TO AMEND SECTION 12-28-2730 OF THE 1976 CODE, RELATING TO
THAT PORTION OF GASOLINE TAX CREDITED TO THE SPECIAL WATER RECREATIONAL
RESOURCES FUND, SO AS TO PROVIDE FOR THE REIMBURSEMENT OF THE DEPARTMENT
OF NATURAL RESOURCES FOR NOXIOUS AQUATIC WEED TREATMENT; TRANSFERRING
ADMINISTRATION OF THE BATTERED SPOUSE PROGRAM OF THE DEPARTMENT OF SOCIAL
SERVICES AND THE RAPE CRISIS CENTER PROGRAM OF THE DEPARTMENT OF HEALTH
AND ENVIRONMENTAL
Printed Page 821 . . . . . Tuesday, February 20,
1996
CONTROL TO THE STATE OFFICE OF VICTIM'S ASSISTANCE IN THE OFFICE OF THE
GOVERNOR; TO REPEAL SECTION 11-9-60 OF THE 1976 CODE, RELATING TO CERTAIN
OFFICES FURNISHING THE COMPTROLLER GENERAL WITH REPORTS OF EVIDENCES OF
INDEBTEDNESS DUE TO THE STATE; TO REPEAL SECTION 1-11-380 OF THE 1976 CODE,
RELATING TO THE STATEWIDE VENDOR CODING SYSTEM AND SECTION 1-11-390,
RELATING TO THE COMPTROLLER GENERAL'S ACCUMULATION AND REPORTING OF
EXPENDITURE TRANSACTIONS AND HIS DETERMINATION OF THE SUMMARY LEVEL FOR
REPORTING UNDER THE FISCAL ACCOUNTABILITY ACT; TO REPEAL SECTION 11-5-40 OF
THE 1976 CODE, RELATING TO THE ISSUANCE OF DUPLICATE RECEIPTS TO CERTAIN
PERSONS; TO REPEAL SECTION 11-9-100 OF THE 1976 CODE, RELATING TO THE BUDGET
AND CONTROL BOARD'S AUTHORITY TO WITHHOLD APPROPRIATIONS FROM AN AGENCY
FAILING TO CORRECT CERTAIN DEFICIENCIES OR VIOLATIONS CITED IN INTERNAL
OPERATIONS; TO AMEND SECTION 10-1-140 OF THE 1976 CODE, RELATING TO
RESPONSIBILITY FOR PERSONAL PROPERTY OF STATE DEPARTMENTS, AGENCIES, AND
INSTITUTIONS, SO AS TO PLACE RESPONSIBILITY FOR SUCH PROPERTY IN THE AGENCY
HEAD REGARDLESS OF THE NUMBER OF EMPLOYEES; TO AMEND THE 1976 CODE BY
ADDING SECTION 8-15-65 SO AS TO REQUIRE ANNUAL APPROPRIATIONS BY THE GENERAL
ASSEMBLY FOR SALARY SUPPLEMENTS FOR COUNTY CLERKS OF COURT, PROBATE
JUDGES, SHERIFFS, REGISTERS OF MESNE CONVEYANCES, COUNTY AUDITORS, AND
COUNTY TREASURERS TO PROVIDE FOR THE MANNER OF PAYMENT OF THESE
SUPPLEMENTS, AND TO PROVIDE FOR A REDUCTION IN THE DISTRIBUTION DUE A
COUNTY UNDER THE STATE AID TO SUBDIVISIONS ACT WHEN A COUNTY REDUCES THE
SALARY OR REDUCES THE OFFICE FUNDING FOR ANY OF THESE OFFICES; TO AMEND
SECTION 2-1-180 OF THE 1976 CODE, RELATING TO ADJOURNMENT OF THE GENERAL
ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE
GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY
IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES
FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH,
RATHER THAN
Printed Page 822 . . . . . Tuesday, February 20,
1996
MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE
DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH
THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING; EXTENDING
THE REPAYMENT SCHEDULE OF SUMS TRANSFERRED TO THE CITY OF CHARLESTON
FROM FUNDS SET ASIDE FOR THE PATRIOT'S POINT AUTHORITY; TO AMEND SECTION
59-104-20 OF THE 1976 CODE, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP
PROGRAM, SO AS TO DELETE THE REQUIREMENT THAT THE INSTITUTION IN WHICH THE
STUDENT IS ENROLLED SHALL PROVIDE ONE-HALF OF THE SCHOLARSHIP; TO AMEND
ACT 518 OF 1980, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE UNIVERSITY
OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO REVISE
DEFINITIONS, DELETE ISSUANCE APPROVAL REQUIREMENTS BY THE STATE BUDGET AND
CONTROL BOARD, EXTEND THE BOND AUTHORITY TO RECONSTRUCTION, RENOVATION,
AND EQUIPPING OF ATHLETIC FACILITIES, CONFORM PROVISIONS TO REVISED
DEFINITIONS, DELETE THE REQUIREMENT THAT ALL HOME FOOTBALL GAMES BE
PLAYED AT THE UNIVERSITY'S STADIUM, TO ALLOW THE ISSUE OF TERM BONDS, AND
DELETE SPECIFIC REQUIREMENTS RELATING TO BOND MATURITIES, TO EXTEND THE
TAX EXEMPTIONS OF SUCH BONDS AND DELETE AN OBSOLETE REFERENCE, TO DELETE
LIMITATIONS AND OBSOLETE PROVISIONS RELATING TO THE SALE OF THESE BONDS, TO
MAKE VOLUNTARY THE ESTABLISHMENT OF A BOND RESERVE FUND AND TO ALLOW
OTHER PROCEEDS TO BE CREDITED TO THE DEBT SERVICE FUND OR BOND RESERVE
FUND, AND TO AUTHORIZE TRUSTEES ADDITIONAL POWERS WITH RESPECT TO THE USE
OF PROCEEDS OF THESE BONDS; TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO
EDUCATION, BY ADDING CHAPTER 147 ENACTING THE HIGHER EDUCATION REVENUE
BOND ACT AUTHORIZING FOUR-YEAR PUBLIC INSTITUTIONS OF HIGHER EDUCATION TO
ISSUE REVENUE BONDS TO FINANCE IMPROVEMENTS AND EQUIPMENT AND TO PROVIDE
THE TERMS AND CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED; TO AMEND
SECTION 59-1-452, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PUBLIC SCHOOL
EMPLOYEE COST SAVINGS PROGRAM, SECTION 59-6-12, AS AMENDED,
Printed Page 823 . . . . . Tuesday, February 20,
1996
RELATING TO THE EDUCATION IMPROVEMENT ACT SELECT COMMITTEE, SECTION
59-6-30, AS AMENDED, RELATING TO THE ANNUAL ASSESSMENT OF THE EDUCATION
IMPROVEMENT ACT, SECTION 59-18-15, AS AMENDED, RELATING TO THE REQUIREMENTS
OF THE DEFINED MINIMUM PROGRAM AND OTHER PROGRAMS, AND SECTION 59-141-10,
AS AMENDED, RELATING TO NATIONAL EDUCATION GOALS, SO AS TO DELETE
REFERENCES TO THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN
EDUCATION AND ITS BUSINESS-EDUCATION SUBCOMMITTEE; AND TO REPEAL SECTIONS
59-6-15, 59-6-16, 59-6-17, AND 59-6-20, RELATING TO THE BUSINESS-EDUCATION
PARTNERSHIP, THE BUSINESS-EDUCATION SUBCOMMITTEE, AND SPECIFIC DUTIES AND
POWERS THEREOF; TO ENACT THE "SOUTH CAROLINA CHILDREN'S EDUCATION
ENDOWMENT ACT OF 1996" INCLUDING PROVISIONS TO AMEND CHAPTER 143, TITLE
59 OF THE 1976 CODE, RELATING TO THE EDUCATIONAL ASSISTANCE ENDOWMENT
FUND, SO AS TO CHANGE THE NAME OF THE FUND TO THE CHILDREN'S EDUCATION
ENDOWMENT FUND, DELETE THE AUTHORITY TO ACCUMULATE MONIES IN THE FUND,
FURTHER PROVIDE FOR THE MANNER IN WHICH SUCH FUNDS SHALL BE USED, AND TO
REQUIRE THAT BEGINNING WITH THE 1996-97 FISCAL YEAR, MONIES IN THE FUND MUST
BE DISTRIBUTED QUARTERLY; TO AMEND TITLE 59, RELATING TO EDUCATION, BY
ADDING CHAPTER 144 SO AS TO PROVIDE FOR A PUBLIC SCHOOL FACILITIES ASSISTANCE
PROGRAM WHICH ESTABLISHES THE MANNER IN WHICH FUNDS AVAILABLE FROM THE
CHILDREN'S EDUCATION ENDOWMENT FUND SHALL BE USED TO CONSTRUCT AND
RENOVATE PUBLIC SCHOOL FACILITIES AND FOR OTHER EDUCATIONAL PURPOSES; AND
TO AMEND ACT 145 OF 1995, RELATING TO THE 1995-96 GENERAL APPROPRIATIONS ACT,
SO AS TO REVISE THE MANNER IN WHICH FUNDS OF THE CHILDREN'S EDUCATION
ENDOWMENT FUND ARE DISTRIBUTED FOR FISCAL YEAR 1995-96; TO AMEND SECTION
14-1-200 OF THE 1976 CODE, RELATING TO THE SALARIES OF SUPREME COURT JUSTICES,
JUDGES OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT, AND CIRCUIT
SOLICITORS, SO AS TO PROVIDE THAT CIRCUIT SOLICITORS SHALL RECEIVE A SALARY
NOT LESS THAN THE SALARY OF JUDGES OF THE COURT OF APPEALS AND CIRCUIT
COURT JUDGES; TO AMEND
Printed Page 824 . . . . . Tuesday, February 20,
1996
SECTION 16-3-26, AS AMENDED, OF THE 1976 CODE, RELATING TO THE NOTICE THE
SOLICITOR MUST GIVE TO A DEFENSE ATTORNEY WHEN HE SEEKS THE DEATH PENALTY,
THE APPOINTMENT OF ATTORNEYS, AND THE PROVISION OF INVESTIGATIVE, EXPERT,
OR OTHER SERVICES TO INDIGENT PERSONS FACING THE DEATH PENALTY, SO AS TO
REVISE THE PROVISIONS RELATING TO THE PAYMENT OF FEES AND EXPENSES
ASSOCIATED WITH THE DEFENSE OF CERTAIN INDIGENTS, AND THE QUALIFICATIONS
AND APPOINTMENT OF ATTORNEYS HANDLING DEATH PENALTY CASES; TO AMEND
SECTION 17-3-30, AS AMENDED, RELATING TO INDIGENTS WHO HAVE BEEN APPOINTED
LEGAL COUNSEL, CERTAIN FEES THESE PERSONS ARE REQUIRED TO PAY FOR LEGAL
SERVICES, AND FUNDS SET ASIDE FOR THE DEFENSE OF INDIGENT, SO AS TO REVISE THE
PROCESS OF COLLECTING FEES FROM INDIGENTS WHO HAVE BEEN APPOINTED LEGAL
COUNSEL; TO AMEND SECTION 17-3-330, AS AMENDED, RELATING TO DUTIES OF THE
OFFICE OF INDIGENT DEFENSE, SO AS TO PROVIDE FOR THE DISTRIBUTION OF
UNEXPENDED FUNDS AND THE QUALIFICATIONS A PERSON SHALL POSSESS TO BE
APPOINTED BY THE COURT AND COMPENSATED BY THE DEATH PENALTY TRIAL FUND;
TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DIVISION OF
SECURITIES OF THE OFFICE OF THE SECRETARY OF STATE ARE DEVOLVED UPON THE
ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996, TO PROVIDE THAT THE ATTORNEY
GENERAL SHALL ADMINISTER THE SOUTH CAROLINA UNIFORM SECURITIES ACT AND
SHALL SERVE EX OFFICIO AS THE SECURITIES COMMISSIONER, TO PROVIDE THAT ALL
PERSONNEL, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE
DIVISION OF SECURITIES ALSO SHALL BE TRANSFERRED TO THE ATTORNEY GENERAL'S
OFFICE ON JULY 1, 1996; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-220 SO AS
TO ALLOW THE ATTORNEY GENERAL TO RETAIN A PORTION OF FEES AND PROCEEDS IN
SETTLEMENT OF VIOLATIONS TO OFFSET COSTS OF ADMINISTERING THE UNIFORM
SECURITIES ACT; AND TO AMEND SECTIONS 35-1-20 AND 35-1-30 OF THE 1976 CODE,
RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO REFLECT THE ATTORNEY
GENERAL AS BEING THE SECURITIES COMMISSIONER WHO SHALL ADMINISTER THE ACT;
TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND
Printed Page 825 . . . . . Tuesday, February 20,
1996
RESPONSIBILITIES OF THE DIVISION OF PUBLIC CHARITIES OF THE OFFICE OF THE
SECRETARY OF STATE ARE DEVOLVED UPON THE ATTORNEY GENERAL'S OFFICE ON
JULY 1, 1996; TO TRANSFER ALL PERSONNEL, APPROPRIATIONS, AND FULL-TIME
EQUIVALENT POSITIONS OF THE DIVISION OF PUBLIC CHARITIES TO THE ATTORNEY
GENERAL'S OFFICE ON JULY 1, 1996; TO PROVIDE THAT THE ATTORNEY GENERAL SHALL
ADMINISTER THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS
ACT"; AND TO AMEND SECTIONS 33-56-20, 33-56-30, 33-56-40, 33-56-50, 33-56-60,
33-56-70, 33-56-80, 33-56-90, 33-56-100, 33-56-110, 33-56-120, 33-56-130, 33-56-140, 33-56-150,
33-56-160, AND 33-56-190 OF THE 1976 CODE, ALL RELATING TO THE SOLICITATION OF
CHARITABLE FUNDS, SO AS TO DELETE REFERENCES TO THE SECRETARY OF STATE AND
REFLECT THE ATTORNEY GENERAL AND HIS OFFICE AS THE OFFICIAL AND THE AGENCY
TO ADMINISTER THE PROVISIONS OF THE "SOUTH CAROLINA SOLICITATION OF
CHARITABLE FUNDS ACT" AND TO ALLOW THE ATTORNEY GENERAL TO RETAIN A
PORTION OF ADMINISTRATIVE FINES TO OFFSET THE EXPENSES OF ENFORCEMENT; TO
AMEND THE 1976 CODE BY ADDING SECTION 23-6-60 SO AS TO PROVIDE THAT REVENUES
COLLECTED BY THE DEPARTMENT OF PUBLIC SAFETY MUST BE CREDITED TO A
SEPARATE FUND IN THE STATE TREASURY FOR THE USE OF THE DEPARTMENT, TO
PROVIDE FOR TRANSITION FUNDING, TO PROVIDE AN UNLIMITED CARRY FORWARD,
AND TO ESTABLISH THE DEPARTMENT'S FUNDING AS AN ANNUAL BASE APPROPRIATION
BY THE GENERAL ASSEMBLY; TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-35 SO
AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE AND
COLLECT FEES IN ACCORDANCE WITH SECTION 30-4-30 OF THE FREEDOM OF
INFORMATION ACT FOR PROVIDING COPIES OF CERTAIN RECORDS MAINTAINED BY THE
DEPARTMENT AND TO PROVIDE FOR THE USE OF REVENUES GENERATED BY THIS
PROVISION; TO AMEND SECTION 30-4-40, AS AMENDED, OF THE 1976 CODE, RELATING TO
MATTERS THAT ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF
INFORMATION ACT, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY
SELL CERTAIN INFORMATION TO CORPORATIONS WHICH ARE LICENSED TO DO BUSINESS
IN THIS STATE; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-60,
Printed Page 826 . . . . . Tuesday, February 20,
1996
AND 59-73-35 SO AS TO IMPOSE LIMITS ON CERTAIN PROPERTY TAX MILLAGE AND FEE
INCREASES IMPOSED BY COUNTIES AND MUNICIPALITIES, AND ON THE USE OF NEW
REVENUE SOURCES FOR OPERATING PURPOSES AND TO PROVIDE EXCEPTIONS, TO
IMPOSE LIMITS ON CERTAIN PROPERTY TAX MILLAGE INCREASES IMPOSED BY SPECIAL
PURPOSE OR PUBLIC SERVICE DISTRICTS AND ON THE USE OF NEW REVENUE SOURCES
FOR OPERATING PURPOSES AND TO PROVIDE EXCEPTIONS; AND TO IMPOSE LIMITS ON
CERTAIN PROPERTY TAX MILLAGE INCREASES IMPOSED BY THE GOVERNING BODIES
AUTHORIZED BY LAW TO LEVY SCHOOL TAXES AND ON THE USE OF NEW REVENUE
SOURCES FOR OPERATING PURPOSES AND TO PROVIDE EXCEPTIONS; TO MAKE THE
PAYMENT OF REIMBURSEMENTS FOR HOMESTEAD EXEMPTIONS CONDITIONAL ON THESE
ENTITIES CERTIFYING IN WRITING TO THE COMPTROLLER GENERAL THAT THEY HAVE
MET THESE REQUIREMENTS; AND TO AMEND SECTION 11-11-440, RELATING TO THE
PROHIBITION ON GENERAL TAX INCREASES OR NEW GENERAL TAXES AS PERMANENT
PROVISIONS IN APPROPRIATIONS BILLS, SO AS TO REQUIRE THE SEPARATE LEGISLATION
REQUIRED FOR THESE PURPOSES TO PASS EACH HOUSE OF THE GENERAL ASSEMBLY BY
AT LEAST A MAJORITY OF TWO-THIRDS OF THE MEMBERS; TO AMEND SECTION 11-11-330
OF THE 1976 CODE, RELATING TO THE STATE PROPERTY TAX RELIEF FUND, SO AS TO
PROVIDE FOR A SPECIFIC REIMBURSEMENT TO SCHOOL DISTRICTS FOR REVENUES LOST
TO THE HOMESTEAD EXEMPTION; AND TO AMEND SECTION 12-37-251, RELATING TO THE
HOMESTEAD PROPERTY TAX EXEMPTION FROM SCHOOL OPERATING TAXES, SO AS TO
PROVIDE FOR AN EXEMPTION AMOUNT OF ONE HUNDRED THOUSAND DOLLARS OF FAIR
MARKET VALUE AND USING A BASE YEAR MILLAGE RATE EQUAL TO THE SCHOOL
OPERATING MILLAGE FOR THE 1996-97 SCHOOL YEAR.
Without reference.
| Printed Page 800, Feb. 15
| Printed Page 826, Feb. 20
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