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
| Printed Page 4810, June 13
| Printed Page 4842, June 13
|
Printed Page 4820 . . . . . Tuesday, June 13,
1995
The question was put, shall the Act become a part of the law, the veto of his
Excellency, the Governor to the contrary notwithstanding, the yeas and nays were
taken resulting as follows:
Yeas 54; Nays 36
Those who voted in the affirmative are:
Anderson Askins Bailey
Baxley Beatty Breeland
Brown, J. Byrd Canty
Carnell Cave Chamblee
Clyburn Cobb-Hunter Davenport
Delleney Gamble Harris, J.
Hines Howard Inabinett
Jennings Keegan Keyserling
Kinon Lloyd Mason
McAbee McCraw McElveen
McMahand Moody-Lawrence Neal
Phillips Quinn Rhoad
Rogers Sandifer Scott
Sheheen Shissias Spearman
Stille Stoddard Stuart
Townsend Tucker Waldrop
Walker Whipper, L. Whipper, S.
Wilder Wilkes Worley
Total--54
Those who voted in the negative are:
Cain Cato Cotty
Dantzler Easterday Fair
Felder Fleming Haskins
Herdklotz Kirsh Klauber
Knotts Lanford Law
Limbaugh Limehouse Marchbanks
Neilson Rice Richardson
Riser Robinson Seithel
Sharpe Simrill Smith, R.
Tripp Trotter Vaughn
Printed Page 4821 . . . . . Tuesday, June 13,
1995
Wells Whatley Wilkins
Witherspoon Young, A. Young, J.
Total--36
So, having failed to receive the necessary vote, the veto of the Governor was
sustained and a message was ordered sent to the Senate accordingly.
MESSAGE FROM THE SENATE
The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate
Chamber at 3:15 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
Received as information.
RATIFICATION OF ACTS
At 3:15 P.M. the House attended in the Senate Chamber, where the following
Acts and Joint Resolution were duly ratified.
(R210) S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and
Leventis: AN ACT TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE
MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS
SELECTED;
TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER
EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF COURSES AT
THE
UNDERGRADUATE LEVEL BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS OR
SCHOOLS,
COORDINATE WITH THE STATE BOARD OF EDUCATION IN THE APPROVAL OF CERTAIN
SECONDARY EDUCATION COURSES, AND REVIEW MINIMUM UNDERGRADUATE ADMISSION
STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60,
RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE
BUDGET
AND CONTROL BOARD
Printed Page 4822 . . . . . Tuesday, June 13,
1995
AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A
RECIPIENT
OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND
PROVIDE THAT
THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS
WELL AS
THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS
OF
INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE
PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE
DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO MANAGE AND CARRY OUT
SPECIFIED
DUTIES, SHALL HAVE NO GRIEVANCE RIGHTS, AND MAY BE DISMISSED WITHOUT CAUSE,
AND
TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION
SHALL
BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO
CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND
INSTITUTIONAL STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA, AND SHALL ISSUE
ITS REPORT BY FEBRUARY 1, 1996, WHICH SHALL SERVE AS THE DECENNIAL REPORT OF THE
COMMISSION ON HIGHER EDUCATION.
(R211) H. 3362 -- Ways and Means Committee: AN ACT 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 44-2-20, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR
PURPOSES OF THE SUPERB PROGRAM, SO AS TO ADD DEFINITIONS; TO AMEND SECTION
44-2-40, AS AMENDED, RELATING TO THE SUPERB ACCOUNT AND SUPERB RESPONSIBILITY
FUND, SO AS TO TRANSFER ADMINISTRATION OF THE SUPERB RESPONSIBILITY FUND FROM
THE STATE BUDGET AND CONTROL BOARD TO THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL
CONTROL, TO FURTHER CLARIFY PURPOSES FOR WHICH
Printed Page 4823 . . . . . Tuesday, June 13,
1995
FUNDS MAY BE EXPENDED, PROVIDE FOR TRANSFER OF FUNDS BETWEEN THE ACCOUNTS,
AND
TO ESTABLISH PROCEDURES FOR PAYMENTS FROM THE FUND; TO AMEND SECTION 44-2-70,
AS
AMENDED, RELATING TO FINANCIAL RESPONSIBILITY OF UNDERGROUND STORAGE TANK
OWNERS
AND OPERATORS, SO AS TO FURTHER PROVIDE FOR THE RESPONSIBILITY OF OWNERS AND
OPERATORS, TO DELETE THE PROVISION THAT RELEASES MUST BE SUDDEN; TO AMEND
SECTION 44-2-75, AS AMENDED, RELATING TO INSURANCE POOLS, SO AS TO PROVIDE THAT
CERTAIN ACTIONS MAY BE TAKEN BY THE INSURANCE COMMISSIONER WHEN THE POOL IS
INSOLVENT RATHER THAN SOLVENT; TO AMEND SECTION 44-2-110, AS AMENDED, RELATING
TO THE EARLY DETECTION INCENTIVE PROGRAM, AND SECTION 44-2-130, AS AMENDED,
RELATING TO COMPENSATION FROM THE FUND, SO AS TO PROVIDE THAT THESE SECTIONS
APPLY TO RELEASES AT A SITE RATHER THAN TO SITES; TO AMEND SECTION 44-2-115, AS
AMENDED, RELATING TO QUALIFIED SITES, SO AS TO PROVIDE THAT THIS SECTION APPLIES
TO RELEASES AT A SITE RATHER THAN TO SITES AND TO ALLOW AN OWNER, WHO HAS
BEEN
DENIED COMPENSATION FROM THE SUPERB ACCOUNT, THE RIGHT TO FILE A PETITION WITH
AN ADMINISTRATIVE LAW JUDGE AND THE RIGHT TO REQUEST RECONSIDERATION OF THE
DENIAL BY A MEDIATION PANEL; TO AMEND SECTION 44-2-50, AS AMENDED, RELATING TO
REGULATIONS TO BE PROMULGATED RELATING TO THE SUPERB ACCOUNT, SO AS TO REVISE
THE DATE CERTAIN REGULATIONS MUST BE SUBMITTED TO THE GENERAL ASSEMBLY AND
TO
PROVIDE THAT THIS SECTION APPLIES TO RELEASES AT SITES RATHER THAN TO SITES; TO
AMEND SECTION 44-2-60, AS AMENDED, RELATING TO REGISTRATION OF UNDERGROUND
STORAGE TANKS AND ENVIRONMENTAL IMPACT FEES, SO AS TO REQUIRE THE OWNER OR
OPERATOR OF AN UNDERGROUND STORAGE TANK TO HAVE A LICENSE TO PLACE
PETROLEUM OR
PETROLEUM PRODUCTS IN THE STORAGE TANK; TO AMEND SECTION 44-2-120, AS AMENDED,
RELATING TO THE USE OF CONTRACTORS, SUBCONTRACTORS, AND EMPLOYEES FOR SITE
REHABILITATION OR CLEANUP, SO AS TO REQUIRE THE PROMULGATION OF REGULATIONS
RELATING TO THE EVALUATION AND APPROVAL OF SITE REHABILITATION
Printed Page 4824 . . . . . Tuesday, June 13,
1995
CONTRACTORS TO PERFORM CERTAIN WORK, TO NOT EXTEND LIABILITY TO THE
DEPARTMENT
OF HEALTH AND ENVIRONMENTAL CONTROL OR THE STATE FOR THE SERVICES PROVIDED
BY A
CONTRACTOR UNDER THIS SECTION, AND TO REVISE THE STANDARDS FOR PROHIBITING
CERTAIN PERSONS FROM PARTICIPATING IN SITE REHABILITATION PROJECTS; TO AMEND
SECTION 8-11-165, AS AMENDED, 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, AS AMENDED, 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, AS AMENDED, RELATING TO THE MANAGEMENT OF THE DEPARTMENT
OF
TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT DIRECTOR SHALL
RECOMMEND
THE SALARIES OF DEPUTY DIRECTORS; 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 THESE GOODS AND SERVICES, THE REVENUE FROM WHICH MUST
BE
USED FOR THE COSTS OF PROVIDING THE GOODS AND SERVICES; 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; 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; BY
Printed Page 4825 . . . . . Tuesday, June 13,
1995
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; BY ADDING
SECTION 10-1-200 SO AS TO PROVIDE FOR THE REGULATION OF PARKING FACILITIES OWNED
OR CONTROLLED BY AGENCIES OF STATE GOVERNMENT; 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, IS SUBJECT TO APPROVAL AND REGULATION OF THE STATE BUDGET AND
CONTROL
BOARD; 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 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; 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, 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, 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
Printed Page 4826 . . . . . Tuesday, June 13,
1995
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; 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, AND TO PROVIDE HOW THESE SAVINGS MAY BE EXPENDED; 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, TO
ESTABLISH CONDITIONS UNDER WHICH A STATE EMPLOYEE WHILE DRIVING A
STATE-OWNED
VEHICLE IS LIABLE FOR THE COST OR A PORTION OF THE COST OF REPAIRS, AND TO
PROVIDE FOR APPEALS; TO AMEND SECTION 1-11-270, 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, 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; 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; BY ADDING SECTION 1-11-750 SO AS TO ALLOW THE
BUDGET
AND CONTROL BOARD TO WITHHOLD LONG-TERM CARE INSURANCE PREMIUMS FOR STATE
OF
SOUTH CAROLINA RETIREES; BY ADDING SECTION 2-7-78 SO AS TO PROVIDE REQUIREMENTS
FOR CERTIFICATION OF
Printed Page 4827 . . . . . Tuesday, June 13,
1995
REVENUE IN THE GOVERNOR'S RECOMMENDED APPROPRIATIONS BILL AND THE
CONFERENCE
COMMITTEE REPORT ON THE BILL; BY ADDING SECTION 8-11-195 SO AS TO ESTABLISH
GUIDELINES FOR STATE EMPLOYEE FURLOUGH POLICIES; BY ADDING SECTION 8-11-200 SO
AS TO PROVIDE THE REQUIREMENTS FOR REIMBURSEMENT OF TRAVEL EXPENSES TO
PERSONS
INTERVIEWING FOR STATE EMPLOYMENT; BY ADDING SECTION 8-11-190 SO AS TO PROVIDE
FOR THE USE OF PUBLIC FUNDS TO REWARD STATE EMPLOYEES; 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 FORWARD FOR THE COSTS ASSOCIATED WITH
PROVIDING
THESE GOODS AND SERVICES; 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; 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; 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; BY ADDING SECTION 11-1-100 SO AS TO AUTHORIZE AND DIRECT 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;
Printed Page 4828 . . . . . Tuesday, June 13,
1995
BY ADDING SECTION 4-5-260 SO AS TO PROVIDE 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 ANOTHER COUNTY, THE
TOTAL
AMOUNT ALLOCATED TO THE TWO COUNTIES SHALL NOT EXCEED THE TOTAL WHICH
WOULD BE
ALLOCATED TO THE TWO COUNTIES SEPARATELY AND TO REQUIRE CONSIDERATION OF
POPULATION; BY ADDING SECTION 6-27-45 SO AS TO PROVIDE THAT, NOTWITHSTANDING
THE
AMOUNT APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT FOR
"HOMESTEAD
EXEMPTION REIMBURSEMENT", THERE MUST BE APPROPRIATED ANNUALLY
WHATEVER
AMOUNT IS NECESSARY TO REIMBURSE TO COUNTIES AND MUNICIPALITIES FOR ALL
REIMBURSED HOMESTEAD EXEMPTIONS ALLOWED IN ACCORDANCE WITH THE PROVISIONS
OF
LAW; 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; BY ADDING SECTION
6-7-185 SO AS TO SPECIFY HOW THE ANNUAL APPROPRIATION TO THE REGIONAL COUNCILS
OF GOVERNMENTS IS ALLOCATED; 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; BY ADDING SECTION 6-7-155 SO AS
TO REQUIRE THE STATE TREASURER TO DISBURSE FUNDS TO REGIONAL COUNCILS OF
GOVERNMENT UPON APPROVAL; 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; BY ADDING SECTION 11-9-140 SO AS TO ALLOW THE
BUDGET
AND CONTROL BOARD TO TRANSFER TO THE BOND CONTINGENCY REVOLVING FUND ANY
CAPITAL
IMPROVEMENT BOND PROJECT BALANCES DETERMINED NOT
Printed Page 4829 . . . . . Tuesday, June 13,
1995
TO BE USABLE OR NEEDED AND PROVIDE FOR EXEMPTIONS, REPORTING OF TRANSFERS,
AND
RELATED MATTERS; BY ADDING SECTION 1-11-180 SO AS TO PROVIDE ADDITIONAL POWERS
TO THE BUDGET AND CONTROL BOARD AND AUTHORIZE PROMULGATION OF REGULATIONS;
TO
AMEND SECTION 1-1-810, RELATING TO THE PERIOD TO BE COVERED BY ANNUAL REPORTS,
SO AS TO PROVIDE THAT EACH STATE AGENCY AND DEPARTMENT SHALL SUBMIT AN
ANNUAL
ACCOUNTABILITY REPORT; 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; 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, 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 REDUCE THE SOFT DRINKS TAX BY
AN
INCREMENTAL ONE-SIXTH IN FISCAL YEARS 1996-97 THROUGH 2000-2001; TO REPEAL
ARTICLE 13, CHAPTER 21 OF TITLE 12 RELATING TO THE IMPOSITION OF THE SOFT DRINKS
TAX, EFFECTIVE JULY 1, 2001, AND TO CREATE SPECIAL JOINT COMMITTEE TO REVIEW
SALES AND EXCISE TAX STATUTES; TO AMEND SECTIONS 57-11-20, 12-27-400, AND
12-27-1270, ALL AS AMENDED, RELATING TO THE STATE HIGHWAY FUND, "C"
FUNDS, AND THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO REQUIRE INTEREST
EARNED
FROM THE STATE HIGHWAY FUND, THE COUNTY TRANSPORTATION FUND, AND THE
ECONOMIC
DEVELOPMENT ACCOUNT TO BE DEPOSITED IN THE STATE HIGHWAY FUND; TO AMEND
SECTION
44-96-160, AS AMENDED, RELATING TO THE SALE AND DISPOSAL OF MOTOR OIL, SO AS TO
PROVIDE THAT MOTOR CARRIERS RATHER
Printed Page 4830 . . . . . Tuesday, June 13,
1995
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 TANKS; 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 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
Printed Page 4831 . . . . . Tuesday, June 13,
1995
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
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; TO REPEAL SECTION 58-23-580 RELATING TO LICENSE FEES FOR
CLASS D CERTIFICATE HOLDERS; TO AMEND SECTION 24-21-510, 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; TO REPEAL SECTIONS 24-21-520 AND
24-21-530 RELATING TO PRESENTENCE INVESTIGATIONS; TO ABOLISH THE COMMITTEE TO
MAKE A STUDY OF STATE BIDDING PRACTICES, THE CORRECTIONAL SYSTEM STUDY
COMMITTEE, THE EDUCATION FINANCE REVIEW COMMITTEE TO REVIEW AND ADVISE UPON
THE
PROBLEMS ENCOUNTERED IN PROVIDING A FREE AND APPROPRIATE EDUCATION FOR
HANDICAPPED CHILDREN, THE COMMITTEE TO STUDY ALTERNATE ELECTRONIC FUNDS
TRANSFER
SYSTEMS, THE TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS TO THE HOUSE OF
REPRESENTATIVES ON A LONG-RANGE PLAN FOR SOUTH CAROLINA'S COAST, AND THE
COMMITTEE TO STUDY THE CONSUMER FINANCE LAWS IN THIS STATE AS THEY RELATE TO
RESTRICTED LOANS, SUPERVISED LOANS, AND SALES FINANCE CONTRACTS; TO REPEAL
SECTION 11-35-520, ARTICLE 5, CHAPTER 11 OF TITLE 8, CHAPTER 22 OF TITLE 2,
CHAPTER 23 OF TITLE 2, CHAPTER 27 OF TITLE 2, CHAPTER 29 OF TITLE 2, CHAPTER 31
OF TITLE 2, CHAPTER 33 OF TITLE 2, CHAPTER 37 OF TITLE 2, CHAPTER 49 OF TITLE 2,
CHAPTER 57 OF TITLE 2, CHAPTER 61 OF TITLE 2, CHAPTER 67 OF TITLE 2, CHAPTER 32
OF TITLE 46, CHAPTER 9 OF TITLE 59 ALL RELATING TO VARIOUS COMMITTEES; TO REPEAL
SECTIONS 56-5-5320 THROUGH 56-5-5440 RELATING TO INSPECTION OF VEHICLES; TO
AMEND SECTION 12-7-435, AS
Printed Page 4832 . . . . . Tuesday, June 13,
1995
AMENDED, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE
INCOME FOR
PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO EXTEND THE FIVE DOLLAR
A
DAY SUBSISTENCE ALLOWANCE DEDUCTION ALLOWED LAW ENFORCEMENT OFFICERS TO
FIREFIGHTERS AND EMERGENCY MEDICAL SERVICE PERSONNEL; BY ADDING SECTION 2-3-22
SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM RECEIVING IN ANY ONE
CALENDAR YEAR ON ACCOUNT OF SERVICE DURING THE REGULAR SESSION OF THE
GENERAL
ASSEMBLY ANY AMOUNT WHICH EXCEEDS THE TOTAL AMOUNT APPROPRIATED FOR
PERSONAL
SERVICE FOR MEMBERS OF THE GENERAL ASSEMBLY FOR THE APPLICABLE FISCAL YEAR
DIVIDED BY ONE HUNDRED SEVENTY; TO PROVIDE THAT THE APPROPRIATION IN PART I-A
OF
THIS ACT FOR "OTHER OPERATING EXPENSES" UNDER "ELECTRONIC
VOTING" UNDER STATE ELECTION COMMISSION MAY BE USED FOR THE PURCHASE OF
VOTING MACHINES WHICH USE ELECTRONIC METHODS FOR CASTING WRITE-IN BALLOTS OR
WHICH DO NOT EMPLOY PAPER AND HANDWRITING METHODS OR TECHNOLOGY FOR
CASTING
WRITE-IN BALLOTS; TO AMEND SECTION 7-13-800, RELATING TO THE PROVISION THAT
WRITE-IN BALLOTS MUST BE IN THE HANDWRITING OF THE VOTER OR AUTHORIZED
MANAGER,
SO AS TO PROVIDE THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT
THE
USE OF ELECTRONIC METHODS OF CASTING WRITE-IN BALLOTS OR THE USE OF VOTING
MACHINES WHICH DO NOT EMPLOY PAPER AND HANDWRITING METHODS OR TECHNOLOGY
FOR
CASTING WRITE-IN BALLOTS; BY ADDING SECTION 8-11-185 SO AS TO AUTHORIZE THE
OFFICE OF HUMAN RESOURCES OF THE STATE BUDGET AND CONTROL BOARD TO USE
FUNDS
APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO CREATE A REDUCTION
IN
FORCE APPLICANT POOL AND TO REQUIRE STATE AGENCIES TO REPORT TO THE OFFICE OF
HUMAN RESOURCES INFORMATION ON EMPLOYEES AFFECTED BY A REDUCTION IN FORCE,
TO
REQUIRE STATE AGENCIES FILLING VACANCIES OR NEW POSITIONS TO PROVIDE PRIORITY
CONSIDERATION TO PERSONS IN THE POOL WHO ARE APPROPRIATELY CLASSIFIED, AND TO
PROHIBIT STATE AGENCIES FROM FILLING VACANCIES OR NEW POSITIONS WITHOUT FIRST
SEEKING TO FILL THE
Printed Page 4833 . . . . . Tuesday, June 13,
1995
POSITION FROM QUALIFIED MEMBERS OF THE POOL; TO AMEND SECTION 12-7-1220, AS
AMENDED, RELATING TO THE STATE-TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE
CREDIT TO A SOLE PROPRIETOR, PARTNERSHIP, LIMITED LIABILITY COMPANY,
CORPORATION
OF ANY CLASSIFICATION, OR ASSOCIATION, ALLOW THE CREDIT TO BE CLAIMED AGAINST
THE INDIVIDUAL INCOME TAX LIABILITY OF THE SOLE PROPRIETOR, PARTNER, SUB S
CORPORATION SHAREHOLDER, AND LIMITED LIABILITY COMPANY OWNER, PROVIDE FOR
THE
MANNER OF CLAIMING THE CREDIT, AND DELETE PROVISIONS PREVIOUSLY LIMITING THE
ELIGIBILITY FOR THE CREDIT FOR SHAREHOLDERS OF A SUB S CORPORATION TO A
CORPORATION ELIGIBLE TO USE THE FEE IN LIEU OF TAX; TO AMEND SECTION 50-11-20,
AS AMENDED, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO REVISE
THE
COMMITTEE MEMBERS; TO AMEND SECTIONS 8-11-700, 8-11-720, AS AMENDED, 8-11-730,
AS AMENDED, 8-11-740, AND 8-11-760, RELATING TO THE STATE EMPLOYEE LEAVE
TRANSFER PROGRAM, SO AS FURTHER TO DEFINE WHAT CONSTITUTES A PERSONAL
EMERGENCY
FOR WHICH TRANSFERRED LEAVE MAY BE USED, AND TO MAKE OTHER TECHNICAL
CHANGES FOR
THE OPERATION OF THE PROGRAM; BY ADDING SECTION 12-21-2809 SO AS TO MAKE IT
UNLAWFUL TO LICENSE OR OPERATE A VIDEO GAME WITH A FREE PLAY FEATURE IN A
COUNTY
WHERE PAYOFFS ON SUCH MACHINES ARE UNLAWFUL PURSUANT TO REFERENDUM AND
TO
PROVIDE A PENALTY FOR VIOLATIONS; TO AMEND SECTION 12-21-2710, 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 RAISE THE FEE
FOR THE FIRST FIVE VIDEO GAMES WITH A FREE PLAY FEATURE IN A SINGLE PLACE OR
PREMISES FROM THREE TO FOUR THOUSAND DOLLARS A BIENNIUM, TO DELETE A ONE-TIME
FEE, TO PROVIDE FOR ADDITIONAL HIGHER FEES FOR
Printed Page 4834 . . . . . Tuesday, June 13,
1995
MACHINES SIX THROUGH EIGHT, TO REQUIRE SUCH MACHINES WITH MULTI-PLAYER
STATIONS
TO BE LICENSED AS SEPARATE MACHINES, AND PROVIDE THAT CERTAIN LICENSE FEES
PERMITTED BY THIS SECTION MAY BE IMPOSED IN ADDITION TO APPLICABLE LOCAL
BUSINESS LICENSE FEES ON GROSS INCOME AS AUTHORIZED BY STATUTE; TO AMEND
SECTION
12-21-2776, RELATING TO REGISTRATION AND METERING OF VIDEO GAMES WITH A FREE
PLAY FEATURE, SO AS TO DELAY METERING OF SUCH MACHINES UNTIL JULY 1, 1998, AND
REQUIRE QUARTERLY FINANCIAL REPORTING ON EACH MACHINE; TO AMEND SECTION
12-21-2804, RELATING TO REGULATIONS APPLICABLE TO VIDEO GAMES WITH A FREE PLAY
FEATURE, SO AS TO ALLOW EIGHT MACHINES IN A SINGLE PLACE OR PREMISES AND TO
EXTEND THE ALLOWED HOURS OF OPERATION AND TO UPDATE REFERENCES; TO REPEAL
SECTION 12-21-2791 RELATING TO LIMITS ON CASH PAYOUTS; TO AMEND SECTION
12-21-2782, RELATING TO THE VIDEO GAMES MACHINE ACT, THE PROMULGATION OF
REGULATIONS, AND GRANDFATHERING OF CERTAIN MACHINES, SO AS TO DELETE THE
CURRENT
PROVISIONS OF THE SECTION AND PROVIDE, AMONG OTHER THINGS, FOR CONTRACTING
FOR
THE PURCHASE, LEASE, OR OPERATION OF A COMPUTER MONITORING SYSTEM TO WHICH
VIDEO
GAME MACHINES MUST BE CONNECTED BY JULY 1, 1998; TO AMEND SECTION 58-3-100, AS
AMENDED, RELATING TO THE ASSESSMENT OF EXPENSES FOR THE OPERATIONS OF THE
SOUTH
CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR ASSESSMENTS ON
HOUSEHOLD GOODS CARRIERS AND HAZARDOUS WASTE FOR DISPOSAL CARRIERS, TO
DELETE
PROVISIONS RELATING TO REVENUE FROM REGISTRATION FEES AND ASSESSMENTS OF
RADIO
COMMON CARRIERS, TO CHANGE THE DATES FOR CERTIFICATION AND PAYMENT OF THESE
ASSESSMENTS, RESPECTIVELY, FROM AUGUST FIRST AND OCTOBER FIRST TO MAY FIRST
AND
JULY FIFTEENTH, AND TO DELETE PROVISIONS RELATING TO THE USE OF REVENUES FROM
ASSESSMENTS; TO AMEND TITLE 51, RELATING TO PARKS, RECREATION AND TOURISM, BY
ADDING CHAPTER 22 CREATING THE LEGACY TRUST FUND FOR THE PURPOSE OF ACQUIRING
SENSITIVE ECOLOGICAL RESOURCES, PRESERVING AND RENOVATING HISTORIC SITES,
DEVELOPING STATE PARKS AND HERITAGE RESERVES, PROTECTING
Printed Page 4835 . . . . . Tuesday, June 13,
1995
HABITAT OF ENDANGERED PLANT AND ANIMAL SPECIES, AND ORGANIZING AND
DEVELOPING
RESOURCE-BASED RECREATIONAL PROJECTS, AND TO PROVIDE FOR ITS GOVERNANCE AND
OPERATIONS; BY ADDING SECTION 12-31-415 SO AS TO EXEMPT FROM THE ROAD TAX ON
MOTOR CARRIERS ANY CARRIER WHICH OPERATED ONE HUNDRED PERCENT OF ITS MILES
WITHIN THE BOUNDARIES OF THIS STATE; TO ELIMINATE PENALTIES DUE FROM ANY
MOTOR
CARRIER IMPOSED PURSUANT TO THE PROVISIONS OF CHAPTER 31 OF TITLE 12 LEVYING
THE
ROAD TAX IF THE CARRIER IS EXEMPTED FROM THE TAX BY THE SECTION ADDED BY THIS
ACT; BY ADDING SECTION 12-31-60 SO AS TO PROVIDE THAT IN LIEU OF ALL OTHER
PENALTIES AND INTEREST PROVIDED BY LAW, PENALTIES AND INTEREST PROVIDED UNDER
THE INTERNATIONAL FUEL TAX AGREEMENT APPLY TO ALL REPORTS FILED WITH THE
STATE
AS A RESULT OF THAT AGREEMENT; BY ADDING SECTION 11-1-110 SO AS TO AUTHORIZE THE
STATE BUDGET AND CONTROL BOARD TO ISSUE AND SELL BONDS, NOTES, OR OTHER
OBLIGATIONS FOR THE PURPOSE OF ACQUIRING FACILITIES FOR THE USE AND OCCUPANCY
OF
STATE DEPARTMENTS AND AGENCIES WITH THESE OBLIGATIONS TO BE PAYABLE SOLELY
FROM
REVENUES DERIVED FROM THE LEASING OR SALE OF THE FACILITIES ACQUIRED WITH THE
PROCEEDS OF THE SALE OF THESE OBLIGATIONS AND SECURED BY A PLEDGE OF REVENUES
AND, AT THE OPTION OF THE BOARD, A MORTGAGE OF THESE FACILITIES; TO AMEND
SECTION 44-7-84, AS AMENDED, RELATING TO DETERMINATION AND ALLOCATION OF
MEDICAID NURSING HOME PATIENT DAYS, AND SECTION 44-7-90, RELATING TO VIOLATIONS
AND PENALTIES RELATIVE TO PROVIDING MEDICAID PATIENT DAYS, SO AS TO REVISE
THESE
PROCEDURES, WAIVE CERTAIN PENALTIES, AND REVISE THE FORMULA FOR DETERMINING
AND
COLLECTING THE PENALTY; TO AMEND SECTION 14-1-200, RELATING TO THE
ESTABLISHMENT
OF SALARIES OF SUPREME COURT JUSTICES, JUDGES OF THE COURT OF APPEALS, CIRCUIT
COURT, AND FAMILY COURT, AND CIRCUIT SOLICITORS, SO AS TO AUTHORIZE AN INCREASE
IN THE SALARIES OF CIRCUIT SOLICITORS; TO AMEND SECTION 61-9-312, RELATING TO
THE SPECIAL VERSION OF A SPECIAL RETAIL BEER AND WINE
Printed Page 4836 . . . . . Tuesday, June 13,
1995
PERMIT FOR OFF-PREMISES CONSUMPTION, SO AS TO REVISE THE MANNER IN WHICH A
CERTAIN PORTION OF THE REVENUE GENERATED BY THE PERMIT FEES SHALL BE USED; TO
AMEND SECTION 44-11-10, RELATING TO STATE MENTAL HEALTH FACILITIES, SO AS TO
REVISE THE USE OF CERTAIN FACILITIES; TO AMEND SECTION 12-27-400, AS AMENDED,
RELATING TO TAXES ON GASOLINE SALES AND THE "C" FUNDS PROGRAM, SO AS
TO SPECIFY THESE FUNDS MAY BE USED DIRECTLY TO PAY FOR HIGHWAY PROJECTS AND
IN
THE CASE OF COUNTIES WHICH WITHDRAW "C" FUNDS FROM THE STATE
TREASURER'S OFFICE TO REQUIRE PROJECT EXPENDITURES TO BE DOCUMENTED ON A
PER-PROJECT BASIS TO COUNTY TRANSPORTATION COMMITTEES, TO REQUIRE THE
DOCUMENTATION TO BE PROVIDED BY THE ENTITY EXPENDING THE FUNDS, AND TO
REQUIRE
THESE DOCUMENTATION REPORTS TO BE FORWARDED TO THE DEPARTMENT OF
TRANSPORTATION
AND COMPILED AND REPORTED ANNUALLY TO THE GENERAL ASSEMBLY; BY ADDING
SECTION
48-48-140 SO AS TO IMPOSE A TAX ON LOW-LEVEL RADIOACTIVE WASTE DISPOSAL OF TWO
HUNDRED AND THIRTY-FIVE DOLLARS A CUBIC FOOT AND TO PROVIDE FOR DISTRIBUTION
OF
THE REVENUE; TO AMEND SECTION 48-48-80, AS AMENDED, RELATING TO LOW-LEVEL
RADIOACTIVE WASTE DISPOSAL IN THIS STATE, SO AS TO AUTHORIZE THE GOVERNOR TO
APPOINT A COMMITTEE TO NEGOTIATE WITH CERTAIN OTHER STATES TO ESTABLISH A NEW
LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT AND TO ESTABLISH
REQUIREMENTS FOR
NEGOTIATIONS BY THE COMMITTEE; TO PROVIDE A TEMPORARY DISTRIBUTION TO THE
GENERAL FUND OF THE STATE OF A PORTION OF THE REVENUE FROM THE TAX; TO REPEAL
CHAPTER 47 OF TITLE 48 RELATING TO THE SOUTHEAST INTERSTATE LOW-LEVEL
RADIOACTIVE WASTE MANAGEMENT COMPACT; BY ADDING SECTION 59-1-443 SO AS TO
PROVIDE THAT ALL SCHOOLS SHALL PROVIDE FOR A MINUTE OF MANDATORY SILENCE AT
THE
BEGINNING OF EACH SCHOOL DAY; BY ADDING SECTION 59-101-335 SO AS TO PROVIDE THAT
THE GOVERNING BOARDS OF ALL STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND
TECHNICAL SCHOOLS SHALL BE AUTHORIZED TO ESTABLISH PENALTIES AND BONDS FOR
TRAFFIC AND PARKING
Printed Page 4837 . . . . . Tuesday, June 13,
1995
VIOLATIONS OCCURRING ON PROPERTY WHICH IS OWNED, LEASED, SUPERVISED, OR
OTHERWISE CONTROLLED BY THE INSTITUTION, AND TO PROVIDE THAT A SCHEDULE OF
PENALTIES AND BONDS FOR SUCH OFFENSES SHALL BE AVAILABLE FOR INSPECTION
DURING
NORMAL BUSINESS HOURS AT THE INSTITUTION AT A LOCATION DESIGNATED BY THE
BOARD;
TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 143 SO AS TO
ESTABLISH THE SOUTH CAROLINA EDUCATIONAL ASSISTANCE ENDOWMENT FUND, TO
PROVIDE
FOR THE REVENUES WHICH SHALL BE DEPOSITED IN THE FUND, AND TO PROVIDE FOR THE
USE OF SUCH REVENUES FOR SCHOOL FACILITIES AND HIGHER EDUCATION GRANTS FOR
SCHOLARSHIPS; TO AMEND SECTION 14-5-610, AS AMENDED, RELATING TO JUDICIAL
CIRCUITS, SO AS TO INCREASE THE AT-LARGE NUMBER OF JUDGES FROM TEN TO THIRTEEN;
TO AMEND SECTION 14-8-10, RELATING TO THE COURT OF APPEALS, SO AS TO INCREASE
THE NUMBER OF ASSOCIATE JUDGES FROM FIVE TO EIGHT; TO AMEND SECTION 14-8-80,
RELATING TO PANELS ON THE COURT OF APPEALS, SO AS TO INCREASE THE NUMBER OF
PANELS FROM TWO TO THREE; TO AMEND SECTION 14-8-90, RELATING TO THE COURT OF
APPEALS SITTING EN BANC, SO AS TO CONFORM TO THE INCREASE IN THE NUMBER OF
ASSOCIATE JUDGES; TO AMEND SECTION 20-7-1410, RELATING TO FAMILY COURT JUDGES,
SO AS TO INCREASE THE NUMBER OF JUDGES IN THE NINTH, THIRTEENTH, AND FIFTEENTH
CIRCUITS; TO PROVIDE THAT THE TERMS OF ALL JUDGES ADDED BY THIS SECTION BEGIN
FEBRUARY 1, 1996; AND TO PROVIDE THAT THE TERMS OF THE ASSOCIATE JUDGES OF THE
COURT OF APPEALS ADDED BY THIS SECTION ARE STAGGERED; TO AMEND SECTIONS
12-51-40, AS AMENDED, AND 12-51-120, RELATING TO EXECUTIONS FOR DELINQUENT
PROPERTY TAXES AND THE NOTICE REQUIRED TO THE PROPERTY OWNER OF RECORD
IMMEDIATELY PRECEDING THE END OF THE REDEMPTION PERIOD, SO AS TO PROVIDE FOR
THE
METHOD OF MAILING THE NOTICES REQUIRED UNDER THESE SECTIONS; TO AMEND
SECTION
1-11-140, AS AMENDED, RELATING TO ENTITIES ELIGIBLE FOR INSURANCE COVERAGE
THROUGH THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL
BOARD,
SO AS TO EXTEND THE ELIGIBILITY FOR COVERAGE ALLOWED GOVERNMENTAL AND
ELEEMOSYNARY HOSPITALS TO
Printed Page 4838 . . . . . Tuesday, June 13,
1995
SUBSIDIARIES OR OTHER ENTITIES AFFILIATED WITH THESE HOSPITALS; TO AMEND
SECTION 40-43-230, AS AMENDED, RELATING TO LICENSURE OF PHARMACISTS, SO AS TO
SET THE FEE FOR LICENSURE RENEWAL AT SEVENTY DOLLARS; TO AMEND SECTION
12-10-40,
RELATING TO THE DESIGNATION OF ENTERPRISE ZONES FOR PURPOSES OF THE ENTERPRISE
ZONE ACT OF 1995, SO AS TO MAKE ELIGIBLE FOR THE DESIGNATION A RESEARCH PARK
OPERATED BY THE SOUTH CAROLINA RESEARCH AUTHORITY; TO AMEND SECTION 44-93-170,
AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO CAP
THE
AMOUNT OF THE FUND AT THREE HUNDRED THOUSAND DOLLARS WITH ALL SUBSEQUENT
FEES TO
BE RETURNED TO HAMPTON COUNTY; TO AMEND SECTIONS 6-25-35 AND 6-25-100, RELATING
TO THE EXTENSION OF CERTAIN PROVISIONS PERTAINING TO WATER, AND THE POWERS OF
A
JOINT MUNICIPAL WATER SYSTEM, SO AS TO FURTHER PROVIDE FOR THE POWERS OF A
JOINT
MUNICIPAL WATER SYSTEM WITH RESPECT TO PROJECTS AND UNDERTAKINGS OTHER THAN
WATER PERMITTED BY LAW, AND TO CLARIFY THE CONDITIONS UNDER WHICH A JOINT
MUNICIPAL WATER SYSTEM MAY INCUR DEBT; BY ADDING SECTION 58-1-65 SO AS TO
PROVIDE THAT THERE IS NO LIABILITY ON THE PART OF AND NO CAUSE OF ACTION
AGAINST, OWNERS AND OPERATORS OF WATER IMPOUNDMENTS FOR FEDERALLY
REGULATED
HYDROELECTRIC PROJECTS FOR ACTS, EVENTS, OCCURRENCES, OR FUTURE CONSEQUENCES
OF
ANY TREATMENT BY THE DEPARTMENT OF NATURAL RESOURCES, ITS AGENTS OR
INDEPENDENT
CONTRACTORS, IN PROVIDING FOR THE MANAGEMENT OF AQUATIC WEEDS, AND TO
PROVIDE
THAT THE IMMUNITY FOR OWNERS AND OPERATORS OF WATER IMPOUNDMENTS FOR
FEDERALLY
REGULATED HYDROELECTRIC PROJECTS ALSO EXTENDS TO ANY LIABILITY ARISING AS A
RESULT OF ACTIONS BY INDIVIDUALS WHO WITHOUT PERMISSION FROM THE OWNER AND
OPERATOR TREAT, SPRAY, OR IN ANY FASHION ATTEMPT TO MANAGE AQUATIC WEEDS IN
THE
IMPOUNDMENT; TO AMEND ARTICLE 1, CHAPTER 25, TITLE 57, RELATING TO GENERAL
PROVISIONS REGARDING OUTDOOR ADVERTISING, BY ADDING SECTION 57-25-30 SO AS TO
PROVIDE THAT BUS SHELTERS MAY BE ERECTED AND MAINTAINED WITHIN THE
RIGHTS-OF-WAY
OF
Printed Page 4839 . . . . . Tuesday, June 13,
1995
PUBLIC ROADS UPON AUTHORIZATION OF THE DEPARTMENT OF TRANSPORTATION, TO
PROVIDE
FOR THE MANNER IN WHICH ADVERTISING MAY BE PLACED IN THESE BUS SHELTERS, AND
TO
REQUIRE A PERSON ERECTING BUS SHELTERS TO OBTAIN A PERMIT FROM THE DEPARTMENT
OF
TRANSPORTATION; TO CONFIRM THE POLICY OF THE STATE OF SOUTH CAROLINA WITH
REGARD
TO THE OPPORTUNITY TO ATTEND A SINGLE-GENDER COLLEGE AND TO ADOPT THE
FINDINGS
OF FACT IN U.S. V. COMMONWEALTH OF VIRGINIA AS THE BASIS FOR THE POLICY OF SOUTH
CAROLINA IN CRAFTING A FRAMEWORK FOR THE ESTABLISHMENT OF AND MAINTENANCE
OF
SINGLE-GENDER PROGRAMS OF HIGHER LEARNING FOR BOTH SEXES AND TO PROVIDE
CERTAIN
EXCEPTIONS; TO AMEND SECTION 56-3-2150, AS AMENDED, AND SECTION 56-3-2170,
RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO MEMBERS OF MUNICIPAL AND
COUNTY COUNCILS, SO AS TO PROVIDE A SPECIAL LICENSE PLATE FOR A MAYOR AND
PROVIDE FOR THE DISTRIBUTION OF THE REVENUE FROM THE PLATES AND FOR PERIODIC
REPORTING ON THE COSTS OF PRODUCTION AND ADMINISTRATION OF THESE SPECIAL
PLATES;
TO AMEND SECTION 9-11-140, AS AMENDED, OF THE 1976 CODE, RELATING TO THE
ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS
RETIREMENT SYSTEM, SO AS TO PROVIDE FOR BENEFITS UNDER THE PROGRAM TO A
SURVIVING SPOUSE RATHER THAN TO THE OFFICER'S WIDOW, AND TO PROVIDE FOR
CONTINUED PAYMENTS AFTER THE REMARRIAGE OF THE OFFICER'S SPOUSE; TO AMEND
SECTION 12-37-450, AS AMENDED, RELATING TO THE BUSINESS INVENTORY TAX EXEMPTION
REIMBURSEMENT, SO AS TO PROVIDE FOR AN AUTOMATIC GENERAL FUND APPROPRIATION
OF
SUMS SUFFICIENT TO MEET THE REQUIRED 1987 REIMBURSEMENT AMOUNT; TO AMEND
SECTION
12-36-60, RELATING TO THE DEFINITION OF "TANGIBLE PERSONAL PROPERTY"
FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE
FROM
THE DEFINITION THE TRANSMISSION OF COMPUTER DATABASE INFORMATION BY A
COOPERATIVE SERVICE WHEN THAT INFORMATION HAS BEEN ASSEMBLED BY AND IS FOR
THE
EXCLUSIVE USE OF THE MEMBERS OF THE COOPERATIVE SERVICE; TO AMEND SECTION
12-36-910, AS
Printed Page 4840 . . . . . Tuesday, June 13,
1995
AMENDED, RELATING TO THE SALES TAX ON TANGIBLE PERSONAL PROPERTY, SO AS TO
PROVIDE EXEMPTIONS FROM THE TAX AND DEFINE TERMS; BY ADDING SECTION 2-3-25 SO
AS
TO PROVIDE IF A MEMBER OF THE GENERAL ASSEMBLY RESIGNS OR IS EXPELLED, HE MUST
REPAY ANY COMPENSATION RECEIVED ON A PRO RATA BASIS, AND PROVIDE THAT IF HE
DOES
NOT, THE COMPTROLLER GENERAL SHALL WITHHOLD THAT AMOUNT FROM ANY
RETIREMENT
BENEFITS HE RECEIVES; TO AMEND SECTION 12-36-2680, RELATING TO THE USE OF SALES
TAX EXEMPTION CERTIFICATES MAINTAINED ON FILE USED IN MAKING VARIOUS TAX
EXEMPT
PURCHASES, SO AS TO DELETE THE REQUIREMENT THAT THE PURCHASER SIGN THE
INVOICE
AND TO MAKE THIS DELETION EFFECTIVE FOR EXEMPT SALES MADE ON OR AFTER
JANUARY 1,
1995; TO AMEND SECTION 59-107-90, RELATING TO THE MAXIMUM AMOUNT OF
OUTSTANDING
STATE INSTITUTION BONDS, SO AS TO RAISE THE LIMIT FROM SIXTY TO NINETY MILLION
DOLLARS; BY ADDING SECTION 59-127-75 SO AS TO ALLOCATE A CERTAIN PORTION OF THE
FUNDS DISTRIBUTED PURSUANT TO THE HIGHER EDUCATION FORMULA OF THE
COMMISSION ON
HIGHER EDUCATION TO THE FELTON-LABORATORY SCHOOL AT SOUTH CAROLINA STATE
UNIVERSITY; TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, RELATING TO
ADDITIONAL ASSESSMENTS BASED ON FINES IMPOSED ON OFFENDERS IN GENERAL
SESSIONS,
FAMILY COURT, MAGISTRATE'S COURT, AND MUNICIPAL COURT, RESPECTIVELY, AND HOW
THESE ASSESSMENTS ARE DISTRIBUTED, SO AS TO REDUCE BY ONE PERCENT THE AMOUNT
TO
BE CREDITED TO THE GENERAL FUND AND TO CREATE WITH THIS ONE PERCENT A FUND
IN
THE ATTORNEY GENERAL'S OFFICE UP TO FIVE HUNDRED THOUSAND DOLLARS FOR AID TO
COUNTIES FOR EXPENSES IN DEATH PENALTY CASES; TO PROVIDE THAT THE MEMBERSHIP
OF
THE JOINT BOND REVIEW COMMITTEE IS INCREASED BY SIX ADDITIONAL MEMBERS FOR
PURPOSES OF ANY MATTERS COMING BEFORE THE COMMITTEE REGARDING THE SALE,
LEASE,
RENTAL, USE, TRANSFER, OR OTHER DISPOSITION OF THE REAL OR PERSONAL PROPERTY
OF
THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, IN WHOLE OR IN PART, WITH A VALUE IN
EXCESS OF TWENTY-FIVE MILLION
Printed Page 4841 . . . . . Tuesday, June 13,
1995
DOLLARS AS DETERMINED BY THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE
JOINT BOND REVIEW COMMITTEE SHALL BE ALLOWED TO PARTICIPATE IN A PUBLIC
HEARING
WHICH THE MEDICAL UNIVERSITY OF SOUTH CAROLINA MUST HOLD BEFORE THE MEDICAL
UNIVERSITY OF SOUTH CAROLINA APPROVES THE TRANSACTION BUT THE COMMITTEE
SHALL
NOT ENGAGE IN APPROVING OR DISAPPROVING THE TRANSACTION AT THAT STAGE, TO
PROVIDE THAT THE JOINT BOND REVIEW COMMITTEE MAY HOLD ITS OWN PUBLIC
HEARINGS ON
AND SHALL APPROVE OR DISAPPROVE ANY MEDICAL UNIVERSITY OF SOUTH CAROLINA
PROPOSAL SUBMITTED, AND TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL
UNIVERSITY OF SOUTH CAROLINA SHALL NOT IMPLEMENT ANY PROPOSAL REGARDING A
TRANSACTION WHICH HAS NOT RECEIVED A FAVORABLE VOTE FROM THE JOINT BOND
REVIEW
COMMITTEE; BY ADDING SECTION 10-1-163 SO AS TO REQUIRE ALL PORTRAITS, FLAGS,
BANNERS, MONUMENTS, STATUES, AND PLAQUES WHICH MAY BE REMOVED FROM THE
STATE
HOUSE DURING RENOVATIONS TO BE RETURNED TO THEIR ORIGINAL LOCATION WHEN THE
STATE HOUSE IS REOCCUPIED, TO PROVIDE THAT THE LOCATION OF THESE ITEMS MUST
NOT
BE CHANGED UNLESS APPROVED BY AN ACT PASSED BY THE GENERAL ASSEMBLY, AND TO
PROVIDE FOR PAYMENT OF THE COSTS OF REMOVAL, RESTORING, REPLACING, AND
DISPLAYING THESE ITEMS; TO AMEND SECTION 44-69-30, RELATING TO LICENSES FOR
OPERATION OF HOME HEALTH AGENCIES, SO AS TO AUTHORIZE THE DEPARTMENT OF
HEALTH
AND ENVIRONMENTAL CONTROL TO ENTER INTO PARTNERSHIPS AND OTHER AGREEMENTS
FOR
THE PURPOSE OF ASSURING CONTINUED PROVISION OF HOME CARE SERVICES ADEQUATE
TO
MEET THE STATE'S NEEDS, AND TO FURTHER PROVIDE FOR THE DEPARTMENT'S AUTHORITY
AND RESPONSIBILITY WITH REGARD TO THESE PARTNERSHIPS AND AGREEMENTS; TO
AMEND
TITLE 44, RELATING TO HEALTH, BY ADDING CHAPTER 122 SO AS TO DIRECT THE SOUTH
CAROLINA HUMAN SERVICES COORDINATING COUNCIL TO DEVELOP AND COORDINATE THE
IMPLEMENTATION OF COMMUNITY-BASED ADOLESCENT PREGNANCY PREVENTION
PROGRAMS
THROUGH FUNDING AVAILABLE FROM THE DEPARTMENT OF HEALTH AND HUMAN
Printed Page 4842 . . . . . Tuesday, June 13,
1995
SERVICES AND TO PROVIDE REQUIREMENTS FOR LOCAL PROJECTS AND SELECTION
PROCEDURES; TO AMEND SECTION 40-43-260, AS AMENDED, RELATING TO DISCIPLINARY
ACTION THAT MAY BE TAKEN AGAINST A PHARMACIST, SO AS TO AUTHORIZE THE BOARD
TO
IMPOSE A CIVIL FINE OF ONE THOUSAND DOLLARS; BY ADDING SECTION 11-11-330 SO AS
TO ESTABLISH THE STATE PROPERTY TAX RELIEF FUND AND PROVIDE FOR THE MANNER
IN
WHICH FUNDS THEREIN SHALL BE USED FOR PROPERTY TAX RELIEF; BY ADDING SECTION
12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES LEVIED FOR
SCHOOL OPERATIONS OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS AND LEASE
PURCHASE PAYMENTS FOR CAPITAL CONSTRUCTION; BY ADDING SECTION 12-43-217 SO AS
TO
REQUIRE QUADRENNIAL REASSESSMENT; TO AMEND SECTION 12-45-75, RELATING TO THE
PAYING OF PROPERTY TAXES IN INSTALLMENTS, SO AS TO AUTHORIZE QUARTERLY
INSTALLMENTS; BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX
BILL; BY ADDING SECTION 12-47-75 SO AS TO PROVIDE FOR THE CREDITING OF ERRONEOUS
PROPERTY TAX PAYMENTS; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO
CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE
FOR THE APPLICATION OF THE FOUR PERCENT CLASSIFICATION FOR OWNER-OCCUPIED
RESIDENTIAL PROPERTY; AND TO EXTEND THE TIME FOR FILING FOR AGRICULTURAL USE
VALUE.
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| Printed Page 4842, June 13
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