Current Status Bill Number:
3690Ratification Number: 218Act Number: 146Type of Legislation: Joint Resolution JRIntroducing Body: HouseIntroduced Date: 19950228Primary Sponsor: Ways and Means Committee HWM 30All Sponsors: Ways and Means CommitteeDrafted Document Number: jic\5417htc.95Date Bill Passed both Bodies: 19950612Date of Last Amendment: 19950612Governor's Action: L Line items vetoed by GovernorDate of Governor's Action: 19950629Subject: Supplemental appropriations
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19960110 Vetoes Continued ------ 19950629 Act No. A146 ------ 19950629 Line items vetoed by Governor ------ 19950615 Ratified R218 Senate 19950612 Ordered enrolled for ratification Senate 19950612 Free Conference Committee Report 89 SFCC received, adopted Senate 19950612 Free Conference Powers granted, 89 SFCC Drummond appointed Senators to Committee J.Verne Smith of Free Conference Peeler House 19950612 Free Conference Committee Report 99 HFCC adopted House 19950612 Free Conference Powers granted, 99 HFCC Harrell appointed Reps. to Committee of H. Brown Free Conference Felder Senate 19950516 Conference powers granted, 88 SCC Drummond appointed Senators to Committee J.Verne Smith of Conference Peeler House 19950511 Conference powers granted, 98 HCC H. Brown appointed Reps. to Committee of Felder Conference Harrell House 19950511 Insists upon amendment Senate 19950511 Non-concurrence in House amendment House 19950510 Senate amendments amended, returned to Senate Senate 19950509 Amended, read third time, returned to House with amendments Senate 19950503 Read second time with notice of general amendments, carrying over all amendments to third reading Senate 19950427 Committee amendment adopted Senate 19950425 Committee report: Favorable with 06 SF amendment Senate 19950316 Introduced, read first time, 06 SF referred to Committee House 19950315 Amended, read third time, sent to Senate House 19950314 Amended, read second time House 19950306 Made Special Order House 19950302 Debate adjourned House 19950228 Introduced, read first timeView additional legislative information at the LPITS web site.
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:
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.
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
Maintain Medicaid Program 11,922,841
7. Department of Health and
Community Long Term Care 1,062,628
8. Department of Health and
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
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
16. Commission on Higher Education
17. Human Affairs Commission
18. Department of Corrections
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
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
African-American Studies 200,000
Law School Library 330,000
31. State Board for Technical and
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
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
Computer Mapping System 205,000
*43. Department of Natural Resources
Fisheries-Dennis Wildlife Center
44. Department of Natural Resources
Marine Resources-Dredge Boat Slip 530,000
*45. Department of Natural Resources
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
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
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
72. Department of Agriculture
Chester County Farmers Market
73. Department of Education
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
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
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.
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.
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.
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.
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."
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.
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
* 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.