Current Status Bill Number:4600 Ratification Number:520 Act Number:458 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960220 Primary Sponsor:Ways and Means Committee HWM 30 All Sponsors:Ways and Means Committee Date Bill Passed both Bodies:19960530 Governor's Action:L Line items vetoed by Governor Date of Governor's Action:19960619 Action on Governor's Veto:S Date of Last Amendment:19960530 Subject:Appropriation Bill 1996-97
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19960712 Act No. A458 House 19960626 Vetoes sustained (Vetoes 1-6) ------ 19960619 Line items vetoed by Governor ------ 19960613 Ratified R520 Senate 19960530 Ordered Enrolled for Ratification Senate 19960530 Conference Committee Report adopted 88 SCC House 19960530 Conference Committee Report adopted 98 HCC Senate 19960508 Conference powers granted, 88 SCC Drummond appointed Senators to Committee J.Verne Smith of Conference Courtney House 19960508 Conference powers granted, 98 HCC H. Brown appointed Reps. to Committee of Boan Conference Robinson House 19960508 Insists upon amendment Senate 19960507 Non-concurrence in House amendment House 19960507 Senate amendments amended, returned to Senate with amendment Senate 19960502 Amended, read third time, returned to House with amendments Senate 19960501 Amended, debate interrupted by adjournment Senate 19960430 Amended, debate interrupted by adjournment Senate 19960429 Read second time, with notice of general amendments on third reading, carrying over all amendments to third reading Senate 19960429 Committee Amendment adopted Senate 19960425 Debate interrupted by adjournment Senate 19960424 Committee report: Favorable with 06 SF amendment Senate 19960306 Introduced, read first time, 06 SF referred to Committee House 19960305 Amended, read third time, sent to Senate House 19960229 Amended, read second time House 19960228 Amended, debate interrupted by adjournment House 19960227 Amended, debate interrupted by adjournment House 19960226 Amended, debate interrupted by adjournment House 19960220 Set for Special Order on Monday, 19960226, and continue each day until final disposition House 19960220 Introduced, read first timeView additional legislative information at the LPITS web site.
(R520, H4600)
AN ACT 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 AND AGENCY REPORTING REQUIREMENTS; TO REPEAL SECTION 1-11-21 RELATING TO REPORTING DATES FOR THE ANNUAL BUDGET REPORT; TO AMEND SECTION 48-48-140, 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 INCLUDING A SPECIFIED PORTION TO BE USED FOR THE PURPOSES OF THE EDUCATIONAL ASSISTANCE ENDOWMENT FUND, SO AS TO CHANGE THE NAME OF THIS FUND TO THE CHILDREN'S EDUCATION ENDOWMENT; TO AMEND CHAPTER 143 OF TITLE 59, RELATING TO THE EDUCATIONAL ASSISTANCE ENDOWMENT FUND, SO AS TO CHANGE THE NAME OF THE FUND TO THE `CHILDREN'S EDUCATION ENDOWMENT', DELETE THE AUTHORITY TO ACCUMULATE MONIES IN THE ENDOWMENT, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH FUNDS THEREIN MUST BE USED AND DISTRIBUTED; TO AMEND SECTION 12-28-2720, 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; 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; 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, 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; TO REPEAL SECTION 11-9-60 RELATING TO CERTAIN OFFICES FURNISHING THE COMPTROLLER GENERAL WITH REPORTS OF EVIDENCES OF INDEBTEDNESS DUE TO THE STATE; TO REPEAL SECTION 1-11-380 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 RELATING TO THE ISSUANCE OF DUPLICATE RECEIPTS TO CERTAIN PERSONS; TO REPEAL SECTION 11-9-100 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, 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; 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 TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 142 SO AS TO ESTABLISH A NEED-BASED GRANTS PROGRAM UNDER WHICH STUDENTS MEETING CERTAIN QUALIFICATIONS WHO ENROLL AS UNDERGRADUATES IN PUBLIC OR SPECIFIED PRIVATE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE MAY RECEIVE A NEED-BASED GRANT DERIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND; TO AMEND SECTION 59-104-20, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO DELETE THE REQUIREMENT THAT ONE-HALF OF THE SCHOLARSHIP AMOUNT BE PROVIDED BY THE INSTITUTION AT WHICH THE STUDENT IS ENROLLED; AND TO PROVIDE FOR THE MANNER IN WHICH FUNDING FOR THE NEED-BASED GRANTS PROGRAM ESTABLISHED ABOVE AND FOR THE PALMETTO FUND SCHOLARSHIP PROGRAM SHALL BE ALLOCATED TO THE VARIOUS INSTITUTIONS; TO AMEND ACT 145 OF 1995, THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1995-96, 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, 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 REVISE OR FURTHER PROVIDE FOR THE SALARIES OF SUCH JUSTICES AND JUDGES, AND TO DELETE REFERENCES TO SOLICITORS IN THE SECTION; BY ADDING SECTION 1-7-1000 SO AS TO PROVIDE THAT CIRCUIT SOLICITORS SHALL RECEIVE A SALARY AS PROVIDED BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT; TO AMEND SECTION 16-3-26, AS AMENDED, 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; 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; TO AMEND SECTIONS 35-1-20 AND 35-1-30, 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 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"; TO AMEND SECTIONS 33-56-20, 33-56-30, 33-56-40, 33-56-50, AS AMENDED, 33-56-60, AS AMENDED, 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, 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; 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; TO AMEND CHAPTER 3, TITLE 56, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR THE RELEASE AND USE OF CERTAIN PERSONAL INFORMATION RELATING TO MOTOR VEHICLE RECORDS, INCLUDING THE AUTHORIZATION TO CHARGE A FEE FOR RELEASING THE INFORMATION; TO AMEND SECTIONS 16-3-1710 AND 16-3-1720, RELATING TO THE CRIMES OF HARASSMENT AND STALKING, SO AS TO MAKE IT A CRIME FOR A PERSON CONVICTED OF THESE CRIMES WHO RECEIVED LICENSING OR REGISTRATION INFORMATION PURSUANT TO ARTICLE 4, CHAPTER 3, TITLE 56; TO REPEAL SECTION 30-4-40(a)(12) RELATING TO THE EXEMPTION FROM DISCLOSURE OF INFORMATION REGARDING THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON IN WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED; TO AMEND SECTION 11-11-330, 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; 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 IMPOSED FOR TAX YEAR 1995; TO AMEND TITLE 2, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 66 SO AS TO ESTABLISH THE SOUTH CAROLINA FOLK HERITAGE AWARD, PROVIDE THE CRITERIA FOR CHOOSING RECIPIENTS, PROVIDING AN ADVISORY COMMITTEE TO THE SOUTH CAROLINA ARTS COMMISSION FOR SELECTING RECIPIENTS, AND PROVIDING TRANSITION PROVISIONS; TO AMEND CHAPTER 65, TITLE 2, RELATING TO THE JOINT APPROPRIATIONS REVIEW COMMITTEE, SO AS TO TRANSFER THE DUTIES, POWERS, AND FUNCTIONS OF THE COMMITTEE UPON THE OFFICE OF THE GOVERNOR EFFECTIVE JANUARY 1, 1997, TO FURTHER PROVIDE FOR CERTAIN OF THESE FUNCTIONS, TO PROVIDE FOR THE PROPER CONSTRUING OF OBSOLETE REFERENCES, AND TO ABOLISH THE COMMITTEE ON SUCH DATE; TO REPEAL CHAPTERS 39, 43, 53, 55, 68, AND 73 OF TITLE 2, AND CHAPTER 21 OF TITLE 51, ALL RELATING TO VARIOUS STUDY COMMITTEES; TO AMEND SECTION 50-3-316, AS AMENDED, RELATING TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REQUIRE THE DEPARTMENT TO EMPLOY THE MOST QUALIFIED APPLICANTS, REQUIRE OFFICERS TO RESIDE WITHIN THE COUNTY FOR WHICH THEY ARE EMPLOYED OR MOVE TO SUCH COUNTY WITHIN THREE MONTHS OF EMPLOYMENT, PROVIDE FOR FUNDING FOR ENFORCEMENT OFFICERS, AND DELETE PROVISIONS WHICH REQUIRE THE DEPARTMENT TO HIRE APPLICANTS MEETING MINIMUM EMPLOYMENT QUALIFICATIONS AND PROVISIONS FOR HIRING APPLICANTS RESIDING OUTSIDE THE COUNTY; TO AMEND SECTIONS 9-1-1770, AS AMENDED, AND 9-11-120, AS AMENDED, RELATING TO THE PRERETIREMENT DEATH BENEFIT PROGRAM FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO CLARIFY THE CIRCUMSTANCES IN WHICH A MEMBER IS CONSIDERED TO HAVE BEEN IN SERVICE ON THE DATE OF DEATH AND THEREBY MEET AN ELIGIBILITY REQUIREMENT FOR THE BENEFIT; TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-9-70, AS AMENDED, AND 9-11-150, AS AMENDED, RELATING TO RETIREMENT BENEFITS OPTIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE METHOD OF REVOCATION OF A PRIOR SPOUSAL NOMINATION AND ELECTION OF A NEW OPTION AT THE DEATH OF A MEMBER'S SPOUSE OR CHANGE IN THE MEMBER'S MARITAL STATUS BY MEANS OF AN APPROPRIATELY COMPLETED WRITTEN FORM SIGNED AND NOTARIZED BY THE MEMBER AND FILED WITH THE SYSTEM OR IN SOME OTHER WRITTEN FORMAT SIGNED AND NOTARIZED, MAKING THE SAME REVOCATION AND ELECTION AND CONTAINING THE IDENTICAL INFORMATION REQUIRED BY THE FORM; TO AMEND SECTIONS 9-1-10, AS AMENDED, AND 9-1-440, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE TYPES OF PRIOR SERVICE FOR WHICH MEMBERSHIP IS ALLOWED AND FOR WHICH SERVICE CREDIT MAY BE ESTABLISHED, SO AS TO DEFINE "EMPLOYEE" NOT TO INCLUDE CERTAIN STUDENTS AND TO MAKE A STUDENT'S EMPLOYMENT BY THE INSTITUTION IN WHICH THE STUDENT IS ENROLLED INELIGIBLE FOR MEMBERSHIP AND FOR ESTABLISHING SERVICE CREDIT, AND PROVIDE OTHER SOURCES WHICH MAY BE USED IN MAKING DETERMINATIONS IN THESE MATTERS AND TO ALLOW THE CONTINUED ESTABLISHMENT OF STUDENT BUS DRIVER SERVICE CREDIT; TO AMEND SECTION 9-1-1140, AS AMENDED, RELATING TO ESTABLISHMENT OF CERTAIN TYPES OF SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REQUIRE A MEMBER ESTABLISHING CREDIT FOR UNDERGRADUATE OR GRADUATE SCHOOL TO HAVE LEFT COVERED EMPLOYMENT TO ATTEND SCHOOL, TO REQUIRE RETURN TO COVERED EMPLOYMENT WITHIN NINETY DAYS AFTER THE LAST DATE OF ENROLLMENT, AND TO DELETE AN OBSOLETE REFERENCE; TO AMEND SECTION 9-9-55, RELATING TO ESTABLISHMENT OF SERVICE CREDIT IN THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO CLARIFY THAT A MEMBER OF THE GENERAL ASSEMBLY MAY PURCHASE AN ENTIRE YEAR OF SERVICE CREDIT FOR A PORTION OF A YEAR SERVED ONLY WHERE THE MEMBER WAS ELECTED IN A SPECIAL ELECTION AND TO PROVIDE THAT THE PAYMENT TO ESTABLISH THIS CREDIT MUST EQUAL THE AMOUNT CONTRIBUTED BY A SERVING MEMBER FOR THIS SAME PERIOD PLUS INTEREST; TO AMEND SECTION 16-3-1180, AS AMENDED, RELATING TO CRIME VICTIM'S ASSISTANCE PROGRAM AWARDS, SO AS TO REVISE THE PROCEDURES FOR DETERMINING AWARDS, INCREASE CERTAIN AUTHORIZED AWARDS, EXTEND THE TIME FOR THE REVIEW OF CASES, AND AUTHORIZE THE DIRECTOR OF THE VICTIM'S ASSISTANCE PROGRAM TO REOPEN CASES UNDER SPECIAL CIRCUMSTANCES; TO AMEND SECTION 16-3-1250, RELATING TO THE SUBROGATION OF THE STATE TO ANY RIGHT OF ACTION ACCRUING TO A CLAIMANT, VICTIM, OR INTERVENOR AS A RESULT OF A CRIME WHERE AN AWARD HAS BEEN MADE, SO AS TO LIMIT THE SUBROGATION RIGHTS OF THE STATE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 16-3-1560, AS AMENDED, RELATING TO MEDICAL EXAMINATIONS OF VICTIMS OF SEXUAL ASSAULTS AND REIMBURSEMENTS FOR THE COSTS THEREOF, SO AS TO REVISE THE PROCEDURAL REQUIREMENTS FOR THE PAYMENT OF THESE REIMBURSEMENTS, AND TO AUTHORIZE THE DIRECTOR TO DIRECT PAYMENT OF ADDITIONAL SERVICES WHEN PROJECTED REIMBURSEMENTS WILL EXCEED PROJECTED FUNDING APPROPRIATED FOR THIS PURPOSE; TO AMEND SECTION 20-7-5730, RELATING TO THE SERVICES FUND FOR EMOTIONALLY DISTURBED CHILDREN, SO AS TO TRANSFER RESPONSIBILITIES FOR ADMINISTRATION OF THE FUND FROM THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO THE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 44-7-2570, AS AMENDED, RELATING TO FEES FOR SERVICES AND INSURANCE UNDER THE "INFANTS AND TODDLERS WITH DISABILITIES ACT", SO AS TO DELETE A PROVISION REQUIRING, AS A CONDITION OF RECEIVING SERVICES, A FAMILY TO APPLY FOR ASSISTANCE FOR WHICH THEY ARE ELIGIBLE; TO AMEND SECTION 32, AS AMENDED, PART II, ACT 171 OF 1991 (THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1991-92), RELATING TO TEMPORARY BINGO TAXES LEVIED TO FUND SENIOR CITIZEN CENTERS, SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO CHANGE THE LOCATION OF THESE PROJECTS WITHIN A COUNTY AT THE REQUEST OF THE DIVISION ON AGING OF THE OFFICE OF THE GOVERNOR; BY ADDING SECTION 12-28-2725 SO AS TO REQUIRE THAT AN AMOUNT OF GASOLINE TAX EQUAL TO TWENTY-FIVE HUNDREDTHS OF A CENT ON EACH GALLON MUST BE USED BY THE DEPARTMENT OF TRANSPORTATION FOR MASS TRANSIT, AND TO FUND AN ANNUAL AUDIT TO BE CONDUCTED BY THE STATE AUDITOR OF THE STATE'S REGIONAL TRANSIT AUTHORITIES AND ORGANIZATIONS ACTING AS SUCH AUTHORITIES; TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 24 SO AS TO IMPOSE A FEE ON THE RECORDATION OF DEEDS AT FEES EQUAL TO, AND FOR THE PURPOSES OF THE FORMER DOCUMENTARY STAMP TAX INCLUDING THE COUNTY DOCUMENTARY STAMP TAX, ON CONVEYANCES OF REALTY, TO PROVIDE EXEMPTIONS FROM THE FEE, TO PROVIDE FOR THE PAYMENT OF AND COLLECTION OF THE FEE BY THE REPORTING METHOD, AND TO ESTABLISH THOSE LIABLE FOR THE FEE AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO REPEAL ARTICLE 3, CHAPTER 21, TITLE 12 AND CHAPTER 25, TITLE 12 RELATING TO THE DOCUMENTARY STAMP TAX; BY ADDING SECTIONS 61-3-605 AND 61-5-86 SO AS TO AUTHORIZE A TEMPORARY RETAIL LIQUOR LICENSE AND A TEMPORARY MINIBOTTLE LICENSE TO THE PURCHASERS OF A BUSINESS CURRENTLY SO LICENSED, TO PROVIDE THAT NO SUCH TEMPORARY LICENSE MAY BE USED FOR A LOCATION DETERMINED TO BE A PUBLIC NUISANCE, TO REQUIRE THE APPLICANT FOR THE LICENSE TO EITHER ALREADY HOLD A PERMANENT RETAIL LIQUOR OR MINIBOTTLE LICENSE OR TO HAVE HAD A STATE LAW ENFORCEMENT DIVISION CRIMINAL HISTORY BACKGROUND CHECK CONDUCTED WITHIN THIRTY DAYS, TO PROVIDE FOR THE DURATION OF THE TEMPORARY LICENSE UNTIL A PERMANENT LICENSE IS APPROVED OR DISAPPROVED, BUT NOT LONGER THAN ONE HUNDRED TWENTY DAYS, TO PROVIDE FOR THE REVOCATION OF THE TEMPORARY LICENSE UPON FAILURE TO APPLY FOR A PERMANENT LICENSE IN A TIMELY MANNER, AND TO IMPOSE A TWENTY-FIVE DOLLAR FEE FOR THE TEMPORARY LICENSE; BY ADDING SECTION 12-4-580 SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO COLLECT LIABILITIES OWED GOVERNMENTAL ENTITIES, TO ALLOW THE DEPARTMENT TO CHARGE FEES FOR THESE SERVICES, TO REQUIRE GOVERNMENTAL ENTITIES TO INDEMNIFY THE DEPARTMENT AGAINST LOSSES ARISING OUT OF THESE COLLECTION ACTIVITIES, AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 12-36-70, RELATING TO THE DEFINITION OF RETAILER AND SELLER FOR PURPOSES OF THE SALES TAX, SO AS TO EXCLUDE FROM THE DEFINITION ACCOMMODATIONS PROVIDED TRANSIENTS IN FACILITIES OF FEWER THAN SIX SLEEPING ROOMS ON THE SAME PREMISES; TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO THE SALES TAX ON ACCOMMODATIONS TO TRANSIENTS, SO AS TO PROVIDE THAT THE EXCEPTION FOR FACILITIES CONSISTING OF LESS THAN SIX SLEEPING ROOMS IN A SINGLE BUILDING EXTENDS TO FACILITIES CONSISTING OF LESS THAN SIX SLEEPING ROOMS ON THE SAME PREMISES; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX GROSS PROCEEDS FROM THE SALE OF MOTOR VEHICLE EXTENDED SERVICE CONTRACTS AND MOTOR VEHICLE EXTENDED WARRANTIES; TO AMEND SECTION 38-55-550, RELATING TO CIVIL PENALTIES FOR INSURANCE FRAUD AND THE USE OF THE REVENUES DERIVED FROM THESE PENALTIES, SO AS TO PROVIDE THAT THESE REVENUES MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; TO AMEND SECTION 38-55-560, RELATING TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL AND THE STATE LAW ENFORCEMENT DIVISION INVESTIGATING AND ENFORCING THE PROVISIONS OF THE OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT, SO AS TO PROVIDE THAT THE INSURANCE FRAUD DIVISION AND INVESTIGATIVE SERVICES SECTION OF THE STATE LAW ENFORCEMENT DIVISION PERFORMING THESE FUNCTIONS MUST BE FUNDED AS PROVIDED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, TO DELETE THE DEDICATION OF SPECIFIC REVENUES TO THESE ENTITIES, AND TO PROVIDE THAT CRIMINAL FINES IMPOSED FOR VIOLATIONS OF THE PROVISIONS OF THIS ACT ALSO MUST BE DEPOSITED IN THE STATE GENERAL FUND; BY ADDING SECTION 50-3-180 SO AS TO CREATE THE MITIGATION TRUST FUND OF SOUTH CAROLINA FOR THE MITIGATION OF ADVERSE IMPACT TO NATURAL RESOURCES AND TO PROVIDE FOR THE ADMINISTRATION OF THE FUND; TO AMEND SECTION 59-35-10, RELATING TO KINDERGARTEN PROGRAMS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1996-97, SCHOOL DISTRICTS WHICH CHOOSE TO OFFER AN EXTENDED-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAM ARE ELIGIBLE FOR CERTAIN STATE FUNDING SUBJECT TO A LOCAL MATCHING FUNDS REQUIREMENT, TO PROVIDE THAT LOCAL BOARDS SHALL ESTABLISH POLICIES REGARDING PRIORITY OF SERVICE IN EXTENDED-DAY PROGRAMS, TO PROVIDE THAT PARENTS WITH CHILDREN WHO ARE ELIGIBLE TO ATTEND THE EXTENDED-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAM MAY ELECT A HALF-DAY PROGRAM FOR THEIR CHILDREN, TO REQUIRE PARENTS TO PROVIDE NOTIFICATION TO THE SCHOOL DISTRICT OF THEIR ELECTION TO ENROLL THEIR CHILD IN THE FULL-DAY PROGRAM, AND TO ALLOW PARENTS TO ELECT THAT THEIR CHILDREN NOT ATTEND PUBLIC KINDERGARTEN PROGRAMS; TO AMEND SECTION 59-24-10, RELATING TO ASSESSMENT OF LEADERSHIP AND MANAGEMENT CAPABILITIES OF PERSONS BEING CONSIDERED FOR APPOINTMENT AS ELEMENTARY OR SECONDARY SCHOOL PRINCIPALS, SO AS TO PROVIDE THAT BEGINNING WITH THE SCHOOL YEAR 1996-97, ANY PERSON APPOINTED AS A PRINCIPAL FOR ANY ELEMENTARY SCHOOL, SECONDARY SCHOOL, OR VOCATIONAL CENTER MUST BE ASSESSED FOR INSTRUCTIONAL LEADERSHIP AND MANAGEMENT CAPABILITIES BY THE ASSESSMENT CENTER OF THE SOUTH CAROLINA DEPARTMENT OF EDUCATION AND A PERSONAL PROFESSIONAL DEVELOPMENT PLAN CONSTRUCTED ON THE BASIS OF THAT ASSESSMENT PRIOR TO OR WITHIN ONE YEAR OF THE DATE SUCH APPOINTMENT IS MADE, TO PROVIDE THAT A REPORT OF THIS ASSESSMENT MUST BE FORWARDED TO THE DISTRICT SUPERINTENDENT, AND TO PROVIDE CERTAIN EXCEPTIONS; TO AMEND SECTION 59-24-30, RELATING TO PARTICIPATION BY SUPERINTENDENTS AND PRINCIPALS IN SEMINARS ON IMPROVEMENT OF ADMINISTRATIVE SKILLS AND INSTRUCTIONAL LEADERSHIP, SO AS TO REQUIRE ALL SCHOOL ADMINISTRATORS ANNUALLY TO DEVELOP OR UPDATE AN INDIVIDUAL PROFESSIONAL DEVELOPMENT PLAN WHICH IS APPROPRIATE FOR THEIR ROLE OR POSITION, TO PROVIDE FOR THE CONTENTS OF AND SUPPORT FOR THESE PLANS, AND TO PROVIDE FOR CERTAIN FUNDING OF THE NEW LEADERSHIP ASSESSMENT AND SUPPORT FOR THE PROFESSIONAL DEVELOPMENT PLAN; TO AMEND SECTION 59-19-90, RELATING TO THE POWERS AND DUTIES OF SCHOOL DISTRICT BOARDS OF TRUSTEES, SO AS TO ELIMINATE THE REQUIREMENT THAT THE PROVISION OF SCHOOL CLASSROOMS OR OTHER SPACE FOR SCHOOL-AGE CHILD CARE PROGRAMS OR FACILITIES BE LIMITED TO NOT-FOR-PROFIT ORGANIZATIONS; TO AMEND SECTION 59-104-220, AS AMENDED, RELATING TO THE GOVERNOR'S PROFESSOR OF THE YEAR AWARD, SO AS TO PROVIDE FOR TWO AWARDS, ONE TO BE GIVEN TO A PROFESSOR AT A SENIOR INSTITUTION AND ONE TO BE GIVEN TO A SCHOOL AWARDING NO HIGHER THAN ASSOCIATE DEGREES AND TO AUTHORIZE AWARDING UP TO TEN FINALISTS FIVE HUNDRED DOLLARS EACH; TO AMEND SECTION 12-21-2420, AS AMENDED, RELATING TO ADMISSIONS TAXES, SO AS TO CREATE AN EXEMPTION FOR AN ACCREDITED COLLEGE OR UNIVERSITY FOR THE PRESENTATION OF PERFORMING ARTISTS; TO AMEND SECTION 53-5-10, RELATING TO LEGAL HOLIDAYS AND THE AUTHORIZED NUMBER STATE EMPLOYEES MAY SELECT, SO AS TO PROVIDE THAT THE HOLIDAY SCHEDULES OF PUBLIC COLLEGES AND UNIVERSITIES, INCLUDING TECHNICAL COLLEGES, SHALL NOT VIOLATE THE HOLIDAY PROVISIONS ABOVE SO LONG AS THE NUMBER OF HOLIDAYS PROVIDED FOR IN THIS SECTION ARE NOT EXCEEDED; TO AMEND SECTION 17-5-220, RELATING TO THE ESTABLISHMENT AND FUNCTIONS OF MEDICAL EXAMINER COMMISSIONS IN CERTAIN COUNTIES, SO AS TO CLARIFY THAT CREATION OF A MEDICAL EXAMINERS COMMISSION IS PERMISSIVE AND NOT MANDATORY; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO THE CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT IN ORDER TO QUALIFY FOR THE RESIDENTIAL OWNER OCCUPANT FOUR PERCENT RATIO FOR A PROPERTY, THE TAXPAYER MUST OCCUPY THE RESIDENCE AS HIS LEGAL RESIDENCE AND DOMICILE; TO AMEND SECTION 14-1-208, AS AMENDED, RELATING TO THE DISBURSEMENT OF MUNICIPAL COURT ASSESSMENTS FOR COMPLEX CRIMINAL LITIGATION TO REDUCE THE THRESHOLD EXPENDITURE OF A COUNTY BEFORE IT IS ELIGIBLE FOR REIMBURSEMENT FROM TWO HUNDRED FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ALLOW PARTICIPATION BY A RESIDENTIAL GROUP CARE FACILITY PROVIDING ON-SITE TEACHING TO RESIDENTS IF THE STAFF ARE CURRENTLY ENROLLED IN THE SOUTH CAROLINA RETIREMENT SYSTEM AND IF IT PROVIDES AT NO COST EDUCATIONAL FACILITIES ON ITS GROUNDS TO THE SCHOOL DISTRICT IN WHICH IT IS LOCATED; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO SET THE VALUE ELIGIBLE FOR THE EXEMPTION FOR MACHINERY AND EQUIPMENT IN GREIGE MILLS AND TO DEFINE THE TERM "GREIGE MILL"; TO PROVIDE THAT THE DEPARTMENT OF PEDIATRICS OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, THE UNIVERSITY PEDIATRICS OF THE UNIVERSITY AFFILIATED PROGRAM OF THE UNIVERSITY OF SOUTH CAROLINA, AND THE CHILDREN'S HOSPITAL OF THE GREENVILLE HOSPITAL SYSTEM ARE AUTHORIZED AS AGENTS FOR THE STATE OF SOUTH CAROLINA TO FULFILL THE ROLE OF REGIONAL TERTIARY LEVEL DEVELOPMENTAL EVALUATION CENTERS AND TO PROVIDE FOR THE DEVELOPMENTAL SERVICES THESE ENTITIES SHALL PROVIDE IN THIS REGARD; BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO REQUIRE THE CODE COMMISSIONER TO CHANGE ALL REFERENCES IN THE ACTS AND JOINT RESOLUTIONS OR THE 1976 CODE FROM "DEPARTMENT OF REVENUE AND TAXATION" TO "DEPARTMENT OF REVENUE"; TO AMEND SECTIONS 12-27-1290 AND 12-28-2920, BOTH AS AMENDED, RELATING TO THE ESTABLISHMENT AND CONSTRUCTION OF TOLL ROADS, SO AS TO REVISE THE DISBURSEMENT OF FUNDS DERIVED FROM TOLLS AND THE CONDITIONS UPON WHICH TOLL CHARGES SHALL CEASE; TO AMEND SECTION 57-5-1320, AS AMENDED, RELATING TO TURNPIKE PROJECT DEFINITIONS, SO AS TO REVISE CERTAIN DEFINITIONS AND TO DEFINE GENERAL OBLIGATION BOND; TO AMEND SECTION 57-5-1360, RELATING TO CERTAIN POWERS AND DUTIES OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO SUBSTITUTE "BONDS" FOR "FACILITY"; TO AMEND SECTION 57-5-1450, AS AMENDED, RELATING TO THE STATE BUDGET AND CONTROL BOARD'S AUTHORITY TO ISSUE TURNPIKE BONDS AND THE TERMS AND CONDITIONS OF THE BONDS, SO AS TO REVISE THE PROCESS OF ISSUING TURNPIKE BONDS AND TO DELETE CERTAIN CONDITIONS THAT MAY BE ATTACHED TO THE BONDS; TO AMEND SECTION 8-11-640, AS AMENDED, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE THE NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS; BY ADDING SECTION 12-4-380 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION ANNUALLY TO REPORT TO THE GENERAL ASSEMBLY ON THE REVENUE IMPACT OF POLICY DOCUMENTS PRESCRIBED, AMENDED, OR REVOKED IN THE MOST RECENTLY COMPLETED FISCAL YEAR AND TO REQUIRE IN THE REPORT DETAIL ON TAX LIABILITIES REDUCED BY ORDER OF THE DIRECTOR OF THE DEPARTMENT; TO AMEND SECTION 61-3-440, AS AMENDED, RELATING TO PROHIBITING ISSUING ALCOHOLIC BEVERAGE LICENSES WITHIN A CERTAIN DISTANCE OF CHURCHES, SCHOOLS, OR PLAYGROUNDS, SO AS TO REVISE THE EXEMPTIONS AND TO REQUIRE APPLICANTS TO PAY A FIVE DOLLAR CERTIFICATION FEE TO DETERMINE IF THE EXEMPTION APPLIES; TO AMEND CHAPTER 9, TITLE 4, RELATING TO COUNTY GOVERNMENT, BY ADDING SECTION 4-9-15 SO AS TO PROVIDE THAT A COUNTY COUNCIL MAY, IN LIEU OF PROVIDING OFFICE SPACE AND APPROPRIATIONS FOR THE OPERATION OF THE COUNTY LEGISLATIVE DELEGATION OFFICE AS REQUIRED BY SECTION 3 OF ACT 283 OF 1975, MAKE DIRECT PAYMENTS TO MEMBERS OF THE DELEGATION TO OFFSET EXPENSES INCURRED BY THE MEMBERS ON BEHALF OF THE DELEGATION, AND TO PROVIDE THAT ALL PAYMENTS REQUIRED TO BE MADE PURSUANT SECTION 3 OF ACT 283 OF 1975 AND PURSUANT TO THIS SECTION SHALL BE MADE FROM FUNDS DISTRIBUTED TO THE COUNTY UNDER THE STATE AID SUBDIVISIONS ACT PURSUANT TO SECTION 6-27-40; TO AMEND SECTION 44-93-170, AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT WHEN THE FUND EXCEEDS $350,000, FEES MUST BE DISTRIBUTED TO THE COUNTY IN WHICH THE FEE WAS COLLECTED AND THAT WHEN THE AMOUNT IN THE FUND REACHES $250,000 OR LESS, ALL FEES MUST GO TO THE FUND UNTIL IT REACHES $350,000; TO AMEND CHAPTER 27, TITLE 6, RELATING TO THE STATE AID TO SUBDIVISIONS ACT, BY ADDING SECTION 6-27-55 SO AS TO PROVIDE THAT, FROM FUNDS DISTRIBUTED TO THE COUNTY PURSUANT TO SECTION 6-27-40, A COUNTY SHALL PROVIDE FUNDS FOR ALL COUNTY OFFICES OF STATE AGENCIES FOR WHICH THE COUNCIL IS REQUIRED TO PROVIDE FUNDING BY STATE LAW; TO APPROPRIATE SURPLUS REVENUES, TO ESTABLISH THE PERFORMANCE AUDIT STEERING COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES, AND TO ESTABLISH THE TAXPAYER'S DIVIDEND FROM GOOD GOVERNMENT FUND AND PROVIDE FOR THE CONTENTS OF THIS FUND.
Be it enacted by the General Assembly of the State of South Carolina: