Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Most merciful God and Father of us all, under the canopy of Your goodness and mercy which has followed us all our days, bless us with the supreme satisfaction of rendering our best service, undiluted by base motives or selfish interests. As keepers of the holy flame of freedom which our fathers kindled with their lives, make us worthy of that trust. Keep us steadfast in Your way that no mouths shall cry for bread, that no hands and feet shall be shackled, that no speech shall be silenced, that eyes shall not be bandaged, nor minds darkened by falsehood hiding the light of Your truth.

Lord, in Your mercy, hear our prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

Rep. HARRELL moved that when the House adjourns, it adjourn in memory of Gedell Roundtree, sister of Rep. H. BROWN of North Charleston, which was agreed to.

The following was received.
Columbia, S.C., June 12, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3363:
H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 12, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 12, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Drummond, J. Verne Smith and Peeler of the Committee of Free Conference on the part of the Senate on H. 3690:
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 12, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
Very respectfully,
President

Received as information.

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION     1.     Section 12-33-210 of the 1976 Code, as last amended by Act 501 of 1992, is further amended by adding at the end:

"A person who applies for a license after the first day of a license period shall pay license fees in accordance with the schedule provided in Section 61-5-80(B)."

SECTION     2.     Section 61-1-105 of the 1976 Code is amended to read:

"Section 61-1-105.     If a biennial licensee or permittee under this title closes the licensed or permitted business for loss of the business lease or due to fire or other natural disaster or dies within for any reason during the first year of the biennial license or permit year period, the licensee or permittee or his estate must be refunded the amount of the license or permit fee attributable to the second year of the biennial license or permit year period. No licensee or permittee is eligible for a refund under the provisions of this section if the license or permit has been canceled, relinquished, or revoked as a result of an enforcement action or a failure to adhere to the conditions of the license or permit."

SECTION     3.     Section 61-3-710 of the 1976 Code, as last amended by Section 1583, Act 181 of 1993, is further amended to read:

"Section 61-3-710.     (A)     Licenses issued under this chapter expire biennially according to the county where the licensed location is situated. The expiration dates are the last day of:

(1)     February in years which end in an:

(a)     odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties;

(b)     even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;

(2)     May in years which end in an:

(a)     odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties;

(b)     even number for Lancaster, Marion, Marlboro, Union, and York counties;

(3)     August in years which end in an:

(a)     odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties;

(b)     even number for Richland County;

(4)     November in years which end in an:

(a)     odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties;

(b)     even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties.

(B)     (1)     Licensees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter counties shall obtain a one-year license in 1992. Beginning in 1993 these licensees shall obtain a biennial license.

(2)     Licensees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose license expires in 1993 shall obtain a one-year license. Beginning in 1994 these licensees shall obtain a biennial license.

(3)     Licensees located in counties not provided in item (1) or (2) whose license expires in 1992 or 1993 shall obtain a biennial license upon their first license renewal or registration after June 30, 1992.

(C)     The department shall prorate license fees for license years 1992-94 according to the time the licenses are valid."

SECTION     4.     Section 61-5-70 of the 1976 Code, as last amended by Section 1584, Act 181 of 1993, is further amended to read:

"Section 61-5-70.     (A)     Licenses issued under this article expire biennially according to the county where the licensed location is situated. The expiration dates are the last day of:

(1)     February in years which end in an:

(a)     odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties;

(b)     even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;

(2)     May in years which end in an:

(a)     odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties;

(b)     even number for Lancaster, Marion, Marlboro, Union, and York counties;

(3)     August in years which end in an:

(a)     odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties;

(b)     even number for Richland County;

(4)     November in years which end in an:

(a)     odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties;

(b)     even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties.

(B)     (1)     Licensees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter counties shall obtain a one-year license in 1992. Beginning in 1993 these licensees shall obtain a biennial license.

(2)     Licensees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose license expires in 1993 shall obtain a one-year license. Beginning in 1994 these licensees shall obtain a biennial license.

(3)     Licensees in counties not provided in item (1) or (2) whose license expires in 1992 or 1993 shall obtain a biennial license upon their first license renewal or registration after June 30, 1992.

(C)     The department shall prorate license fees for license years 1992-94 according to the time the license is valid."

SECTION     5.     Section 61-9-310 of the 1976 Code, as last amended by Section 1586, Act 181 of 1993, is further amended to read:

"Section 61-9-310.     (A)     Every person engaging in the business of selling beer, ale, porter, wine, or a beverage which has been declared to be nonalcoholic and nonintoxicating under Section 61-9-10 shall apply to the department for a permit to sell these beverages. Each applicant shall pay a filing fee of two hundred dollars which is not refundable. Retail dealers shall pay to the department four hundred dollars biennially for retail permits, and wholesale dealers shall pay to the department two thousand dollars biennially for wholesale permits. Separate permits are required for each separate place of business.

(B)     All permits issued under this chapter expire biennially according to the county where the place of business is situated. The expiration dates are:

(1)     the last day of February in years which end in an:

(a)     odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties;

(b)     even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;

(2)     the last day of May in years which end in an:

(a)     odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties;

(b)     even number for Lancaster, Marion, Marlboro, Union, and York counties;

(3)     the last day of August in years which end in an:

(a)     odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties;

(b)     even number for Richland County;

(4)     the last day of November in years which end in an:

(a)     odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties;

(b)     even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties.

(C)     (1)     Permittees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter shall obtain a one-year permit in 1992. Beginning in 1993 these permittees shall obtain a biennial permit.

(2)     Permittees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose permit expires in 1993 shall obtain a one-year permit. Beginning in 1994, these permittees shall obtain a biennial permit.

(3)     Permittees in counties not provided in item (1) or (2) whose permit expires in 1992 or 1993 shall obtain a biennial permit upon their first permit renewal or registration after June 30, 1992.

(D)     The department shall prorate permit fees for permit years 1992-94 according to the length of time the permit is valid.

(C)     A person who initially applies for a permit after the first day of a permit period shall pay permit fees in accordance with the schedule provided in Section 61-5-80(B)."

SECTION     6.     Section 12-33-220 of the 1976 Code is repealed.

SECTION     7.     This act takes effect upon approval by the Governor; however, SECTION 2 applies to bi-annual licenses or permits issued after June 30, 1992./

Amend title to conform.

/s/Holly A. Cork                  /s/Paula H. Thomas
W. Greg Ryberg                    /s/Mark S. Kelley
/s/Greg Smith                     /s/Scott H. Richardson
On Part of the Senate.                      On Part of the House.

Rep. RICHARDSON explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

The following was introduced:

H. 4305 -- Reps. Tucker, D. Smith, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE DONALD W. "DON" BEATTY OF SPARTANBURG FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND TO WISH HIM THE VERY BEST AS HE LEAVES LEGISLATIVE SERVICE TO BEGIN HIS SERVICE AS A JUDGE IN THE SEVENTH JUDICIAL CIRCUIT.

Whereas, the Honorable Donald W. "Don" Beatty of Spartanburg was elected to serve as a judge in the Seventh Judicial Circuit; and

Whereas, Don Beatty has served House District 31 with distinction since 1991; and

Whereas, his commitment to public service began in 1988 when Don Beatty served on the Spartanburg City Council; and

Whereas, Don Beatty received a Bachelor of Arts degree in 1974 from South Carolina State University and his Juris Doctor from the University of South Carolina in 1979; and

Whereas, the members of the General Assembly publicly thank Don Beatty on behalf of the people of his district, Spartanburg County, and South Carolina for all he has done to make state government an effective instrument for helping the citizens of this State; and

Whereas, the members of the General Assembly will miss Don Beatty but are proud to note his accomplishments and are pleased that South Carolinians will continue to benefit from his dedication to public service. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly commends the Honorable Donald W. "Don" Beatty of Spartanburg for his exemplary service as a member of the South Carolina House of Representatives and wishes him the very best as he leaves legislative service to begin his service as a judge of the Seventh Judicial Circuit.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Donald W. "Don" Beatty.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4306 -- Reps. Cromer, Inabinett, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ANNE D. FOSTER FOR HER DEDICATED SERVICE AND TIRELESS DEVOTION TO STATE SERVICE AND PARTICULARLY THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES WHERE HER SMILING FACE AND TENDERHEARTED PERSONALITY HAVE GRACED ITS HALLS SINCE 1977.

Whereas, the members of the General Assembly feel it is time to recognize a state employee who has tirelessly served her State with honor; and

Whereas, Anne D. Foster has held the position of Information Services Clerk for the House of Representatives since 1977; and

Whereas, a resident of South Carolina since the early seventies, Anne Foster joined Governor John West's staff in 1973 as Secretary to the Legal Assistant on Human Relations and Citizen Services. She later served as Personal Secretary to Governor James Edwards from 1974-76; and

Whereas, Mrs. Foster received the Palmetto Lady Award from Governors West and Edwards; and

Whereas, Anne Foster is an alumna of Pi Beta Phi Sorority of the University of South Carolina and a member of the Lexington Baptist Church where she is a choir member and Outreach Leader for the Youth Department. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly expresses deepest appreciation to Anne D. Foster for her dedicated service and tireless devotion to state service and particularly the South Carolina House of Representatives where her smiling face and tenderhearted personality have graced its Halls since 1977.

Be it further resolved that a copy of this resolution be forwarded to Mrs. Anne D. Foster.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4307 -- Rep. P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF DR. JAMES GORDON HALFORD, JR., OF ANDERSON WHO DIED WEDNESDAY, JUNE 7, 1995.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The roll call of the House of Representatives was taken resulting as follows.

Allison                Anderson               Askins
Baxley                 Beatty                 Boan
Breeland               Brown, H.              Brown, J.
Brown, T.              Byrd                   Cain
Cato                   Cave                   Chamblee
Clyburn                Cobb-Hunter            Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Elliott                Felder                 Fleming
Fulmer                 Gamble                 Govan
Harrell                Harris, P.             Harrison
Haskins                Herdklotz              Hines
Hodges                 Huff                   Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Knotts                 Law
Limbaugh               Limehouse              Littlejohn
Lloyd                  Marchbanks             Martin
Mason                  McAbee                 McCraw
McKay                  McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Rice
Richardson             Riser                  Robinson
Rogers                 Sandifer               Scott
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Thomas                 Tripp
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Whatley                Whipper, L.            Whipper, S.
Wilder                 Wilkes                 Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, J.

I came in after the roll call and was present for the Session on Tuesday, June 13.

Heyward G. Hutson                 Elsie Rast Stuart
Leon Howard                       Michael L. Fair
Curtis B. Inabinett               Grady A. Brown
Lynn Seithel                      Jean L. Harris
Steve P. Lanford                  Becky Meacham
Eugene C. Stoddard                Michael F. Jaskwhich
Richard M. Quinn, Jr.             June S. Shissias
George H. Bailey                  Larry L. Koon
Joseph T. McElveen, Jr.           Ralph W. Canty
C. Alex Harvin, III               Marion P. Carnell
Ronald P. Townsend

The SPEAKER granted Rep. WHITE a leave of absence for the day.

The SPEAKER granted Rep. HALLMAN a leave of absence for the day.

Rep. MARTIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Monday, June 12.

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 126 -- Senators Land and Washington: A BILL TO AMEND SECTION 9-8-110(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER ON HER REMARRIAGE.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION     1.     Section 9-1-1650 of the 1976 Code is amended by adding at the end:

"An active contributing member making the nomination provided under this section also may name contingent beneficiaries in the same manner that beneficiaries are named. A contingent beneficiary has no rights under this chapter unless all beneficiaries nominated by the member have predeceased the member and the member's death occurs while in service. In this instance, a contingent beneficiary is considered the member's beneficiary for purposes of this section and Section 9-1-1660, if applicable."

SECTION     2.     Section 9-8-110(1) and (2) of the 1976 Code are amended to read:

"(1)     Except as provided in subsections (2) and (3) of this section, upon the death of any member of the system, a lump sum amount shall must be paid to such the persons as he shall have the member nominated by written designation, filed with the board, otherwise to his estate. Such This amount shall must be equal to the amount of his the member's accumulated contributions. An active contributing member making the nomination provided under this section also may name secondary beneficiaries in the same manner that beneficiaries are named. A secondary beneficiary has no rights under this chapter unless all beneficiaries nominated by the member predecease the member and the member's death occurs while in service. In this instance, a secondary beneficiary is considered the member's beneficiary for purposes of this section.

(2) Unless a married member has designated a beneficiary other than his spouse in accordance with subsection (1), upon his death prior to retirement an allowance equal to one third of the allowance which would have been payable to him, assuming he was then eligible to retire and had retired on the date of his death, shall be paid to his surviving spouse until her death or remarriage. This allowance is payable in lieu of the lump sum amount payable in accordance with subsection (1). Upon the death of a retired member who has not designated a beneficiary other than a spouse an allowance equal to one third of the allowance which would have been payable to him, shall be paid to the surviving spouse until death or remarriage. For purposes of this subsection, 'retired member' shall include those former judges and solicitors who are beneficiaries pursuant to subsection (4) of Section 9-8-60."

SECTION     3.     The 1976 Code is amended by adding:

"Section 9-9-55.     Notwithstanding any other provision of law, any member of the General Assembly who served in the General Assembly any portion of a year may establish credit for the entire year by paying the full actuarial cost as determined by the Retirement System for members of the General Assembly."

SECTION     4.     Section 9-9-100(1) of the 1976 Code is amended to read:

"(1)     Upon the death of any a member of the system, a lump sum amount shall must be paid to such the person as he shall have the member nominated by written designation, filed with the board, otherwise to his the member's estate. Such This lump sum amount shall must be equal to the amount of his the member's accumulated contributions. An active contributing member making the nomination provided under this item also may name contingent beneficiaries in the same manner that beneficiaries are named. A contingent beneficiary has no rights under this chapter unless all beneficiaries nominated by the member have predeceased the member and the member's death occurs while in service. In this instance, a contingent beneficiary is considered the member's beneficiary for purposes of this item and item (3) of this section, if applicable."

SECTION     5.     Section 9-11-110 of the 1976 Code is amended by adding at the end:

"(3)     An active contributing member making the nomination provided under subsection (1) of this section also may name contingent beneficiaries in the same manner that beneficiaries are named. A contingent beneficiary has no rights under this chapter unless all beneficiaries nominated by the member have predeceased the member and the member's death occurs while in service. In this instance, a contingent beneficiary is considered the member's beneficiary for purposes of subsection (1) of this section and Section 9-11-130, if applicable."

SECTION     6.     This act takes effect upon approval by the Governor./

Amend title to conform.

/s/Edward E. Saleeby              /s/Marion P. Carnell
/s/John C. Land, III              /s/Patrick B. Harris
/s/William C. Mescher             /s/Claude V. Marchbanks
On Part of the Senate.                 On Part of the House.

Rep. MARCHBANKS explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3362, General Appropriations Bill for Fiscal Year 1995-96.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

Renumber sections to conform.

Amend totals and title to conform.

Make all necessary technical corrections.

/s/Senator John Drummond          /s/Rep. Henry E. Brown, Jr.
/s/Senator J. Verne Smith         /s/Rep. John G. Felder
/s/Senator Harvey S. Peeler       /s/Rep. Robert W. Harrell, Jr.
On Part of the Senate.                 On Part of the House.

Rep. H. BROWN explained the Conference Report.

Rep. CROMER moved that the House go into a committee of the whole to discuss (1) low-level radioactive waste disposal.

Rep. A. YOUNG moved to table the motion.

Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Allison                Askins                 Boan
Brown, H.              Cain                   Cato
Cave                   Chamblee               Cooper
Dantzler               Davenport              Easterday
Elliott                Fair                   Felder
Fleming                Fulmer                 Gamble
Harrell                Harris, P.             Harrison
Harvin                 Haskins                Herdklotz
Huff                   Jaskwhich              Keegan
Kelley                 Klauber                Knotts
Koon                   Lanford                Law
Limbaugh               Limehouse              Littlejohn
Marchbanks             Martin                 Mason
McAbee                 McCraw                 McKay
Rhoad                  Rice                   Riser
Robinson               Sandifer               Sharpe
Smith, D.              Smith, R.              Stille
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Vaughn
Waldrop                Walker                 Wells
Whatley                Wilkins                Witherspoon
Wright                 Young, A.

Those who voted in the negative are:

Anderson               Baxley                 Beatty
Breeland               Brown, G.              Brown, T.
Byrd                   Clyburn                Cobb-Hunter
Cotty                  Cromer                 Delleney
Harris, J.             Hines                  Hodges
Howard                 Hutson                 Inabinett
Jennings               Keyserling             Kirsh
Lloyd                  McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Quinn                  Richardson
Rogers                 Scott                  Seithel
Sheheen                Shissias               Simrill
Spearman               Thomas                 Tucker
Whipper, L.            Whipper, S.            Wilder
Williams               Wofford                Worley
Young, J.

So, the motion was tabled.

Rep. CROMER spoke against the Conference Report.

On motion of Rep. COBB-HUNTER, with unanimous consent, Rep. CROMER'S remarks were ordered printed in the Journal as follows:

As you've noticed, several times I have made futile attempts to resolve ourselves into a committee of the whole to effect a forum of debate on the issue of Barnwell. Each time, we have failed. So here we are: it's time to vote on the budget; I rise today not to discuss the merits of the Appropriation Bill before us, nor of any singular aspect of it -- including low-level nuclear waste at the Barnwell facility. Rather, I rise for an even more important and over-arching principle to which we should adhere: the integrity of this institution.

I can honestly say that it is my opinion that we have had a great year. Since words can often be viewed as empty and superficial, I am glad to stand before you and tell you I have a record of supportive actions to prove my enthusiastic viewpoint which is shared by so many in this Chamber. Term limits, crime reform, complete welfare reform, enforcing a stagnant Senate to realize that property tax relief is unavoidable and must happen immediately; these are just a few of our accomplishments under the new leadership of the House. Progressive things. Popular things. Necessary things.

In the face of all this success, why has this body made a sudden about-face and refused to allow debate on an issue with the fiscal and policy-making import as extending South Carolina's acceptance of low-level nuclear waste at the Barnwell facility? The Barnwell issue is an old one, but rest-assured, it is a current one that consumes the minds of many of our constituents. Precluding debate on an issue this sensitive is a very unwise fight, an unfair move, and its precedence has frightening ramifications.

Again, I am not here to speak on the substance of the Barnwell issue itself. To be sure, we have all been elected by the people, and I respect everyone's opinion as a result of our elections, be you for or against extending Barnwell beyond this December. In fact, it is incumbent to respect everyone's opinion in this chamber; the majority of your citizens chose to put you here.

My objection, in essence, is simple: While a vote to disallow debate over this issue may be seen as "good" if you want Barnwell extended, I ask you to please back up a second and consider the ramifications of precluding debate on this issue. Suppose, for example, that an issue like gambling, a tax increase, or state employee pay cuts was slapped on the Senate's budget. Of these issues, would you feel the need to debate them before voting on them? Conversely, what if senior citizens or veterans benefits, funding for your local university or hospital, appropriation for a needy agency or service for which you fought so hard were gutted by the Senate? If one of these issues near and dear to you was suddenly eliminated, would you like to be heard on that issue prior to voting on a budget? In essence, what is acceptable today may be detestable tomorrow -- it depends on what issue you, as an elected official, deem to be important.

Contemplation and debate are integral parts of a democracy, and they should be the lifeblood of this institution. As for the issue of low-level nuclear waste, contemplation and debate have been pushed aside this week. This action is both inconceivable and unacceptable, and this is the action which causes me to rise before you today.

Just yesterday, Representative Jaskwhich properly advised me that I am too young to be bitter. He's right. I am also, however, too old and too respectful of this institution to be silent. I have read with much interest and respect the written words and reflections of Dr. Herdklotz, Representative Keyserling and others regarding the Barnwell issue. I wanted to hear those words from this podium as well. Apparently I cannot.

When a deaf ear is turned to debate in an institution like the South Carolina House, it is a sad day to me. I want you to take my words in the positive light I intend them to be. I make these comments out of love for this institution and out of respect for you. I truly do like everyone in this Chamber whom I have had the privilege to get to know. I will always offer my personal help to anyone in this Chamber who calls on me to do so: legal opinions, constituent complaints, tactical arguments -- and I have. As an Independent member up here, I know I will be targeted every time I run for office -- and I have. But while I'm here, I will fight for my office as I will fight for this institution's integrity, and I am. As long as I am a state representative, I will stand for what the people who own this seat support, and I do. On behalf of those people, I believe that Barnwell should close. To express that opinion, however, I need the right to debate -- and we haven't. No party, policy, platform or Governor's agenda can change my conviction -- and it hasn't.

Crime reform, term limits, welfare reform, property tax relief -- and the denial of debate of the issues: what doesn't fit in this picture? How are the people supposed to understand? I don't think they will. You be the judge.

Thank you for your time and allowing me to express these concerns today.

Rep. KIRSH spoke against the Conference Report.

Rep. HODGES spoke against the Conference Report.

Rep. SHEHEEN spoke against the Conference Report.

Rep. HASKINS spoke in favor of the Conference Report.

Rep. ROGERS spoke against the Conference Report.

The SPEAKER granted Rep. McKAY a leave of absence due to medical reasons.

Rep. ROGERS continued speaking.

Rep. FELDER spoke in favor of the Conference Report.

Rep. HUFF moved immediate cloture on the entire matter.

Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Allison                Bailey                 Brown, H.
Cain                   Cato                   Cave
Chamblee               Dantzler               Davenport
Delleney               Easterday              Elliott
Fair                   Felder                 Fleming
Gamble                 Govan                  Harrell
Harris, P.             Harvin                 Haskins
Herdklotz              Huff                   Hutson
Jaskwhich              Jennings               Keegan
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Limbaugh               Limehouse              Littlejohn
Marchbanks             Mason                  McAbee
McCraw                 Meacham                Phillips
Rhoad                  Rice                   Riser
Robinson               Sandifer               Seithel
Sharpe                 Simrill                Smith, D.
Smith, R.              Stille                 Stuart
Thomas                 Townsend               Tripp
Trotter                Vaughn                 Waldrop
Walker                 Wells                  Whatley
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, J.

Those who voted in the negative are:

Anderson               Askins                 Baxley
Beatty                 Boan                   Breeland
Brown, G.              Brown, T.              Byrd
Canty                  Clyburn                Cobb-Hunter
Cooper                 Cotty                  Cromer
Harris, J.             Harrison               Hines
Hodges                 Howard                 Inabinett
Keyserling             Lloyd                  McElveen
McMahand               McTeer                 Moody-Lawrence
Neal                   Neilson                Quinn
Richardson             Rogers                 Scott
Sheheen                Shissias               Spearman
Tucker                 Whipper, L.            Whipper, S.
Wilder                 Wilkes

So, immediate cloture was ordered.

Reps. COBB-HUNTER, G. BROWN and L. WHIPPER spoke against the Conference Report.

Rep. HASKINS moved to waive Rule 6.1, which was agreed to by a division vote of 64 to 27.

Rep. L. WHIPPER continued speaking.

Rep. G. BROWN moved that the House recede until 2:15 P.M., which was rejected by a division vote of 38 to 58.

Rep. L. WHIPPER continued speaking.

Rep. McTEER spoke in favor of the Conference Report.

Rep. NEAL spoke against the Conference Report.

The question then recurred to the adoption of the Conference Report.

Rep. H. BROWN demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Boan                   Brown, H.              Cain
Cato                   Cave                   Chamblee
Clyburn                Cooper                 Cotty
Cromer                 Dantzler               Davenport
Delleney               Easterday              Elliott
Fair                   Felder                 Fleming
Fulmer                 Gamble                 Harrell
Harris, J.             Harris, P.             Harrison
Harvin                 Haskins                Herdklotz
Huff                   Hutson                 Jaskwhich
Jennings               Keegan                 Kelley
Klauber                Knotts                 Koon
Lanford                Law                    Limbaugh
Limehouse              Littlejohn             Marchbanks
Martin                 Mason                  McAbee
McCraw                 McTeer                 Meacham
Neilson                Phillips               Quinn
Rhoad                  Rice                   Richardson
Riser                  Robinson               Sandifer
Sharpe                 Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stuart                 Townsend               Tripp
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Wofford
Wright                 Young, A.              Young, J.

Those who voted in the negative are:

Anderson               Baxley                 Beatty
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Canty
Cobb-Hunter            Govan                  Hines
Hodges                 Howard                 Inabinett
Kennedy                Keyserling             Kirsh
Lloyd                  McElveen               McMahand
Moody-Lawrence         Neal                   Rogers
Scott                  Seithel                Sheheen
Shissias               Whipper, L.

So, the Conference Report was adopted and a message was ordered sent to the Senate accordingly.

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #:     General Subject Matter: Conference Report on General Appropriation, H. 3362, Carnell Felder, Supplemental Bill, and Capital Reserve Bill

The reason for abstaining on the above reference legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

I did not vote on individual budgets of agencies but I did vote on the budget as whole. Applies to weeks of conference committee work, adoption of conference and free conference reports.

Rep. JOHN G. FELDER

I voted in favor of the 95-96 General Appropriations Bill due to the fact that contents included significant property tax relief for homeowners, a child tax exemption, homestead exemptions for senior citizens, enhanced funding for education, school prayer, welfare reform and protection for the Confederate flag. I do not support the extension of the Barnwell facility that is now included in the budget. Several attempts were made to debate Barnwell in an attempt to remove it from the budget and I voted in favor of those motions, as recorded in the Journal, but to no avail.

Rep. J. GARY SIMRILL

Rep. BECKY MEACHAM

June 13th, 1995, is the day I, Grady A. Brown, voted against the 1995-96 South Carolina Appropriation Bill. Although I favor and support a great majority of the proposals in the budget, I am adamantly opposed to the extension of Chem-Nuclear operation of the Barnwell Nuclear Site. I strongly support any rollback of property taxes, and I voted for the original Appropriation Bill as passed by the House of Representatives. I have strong feelings about the fact that the House of Representatives should have been given the opportunity to vote Yea or Nay on the Barnwell issue so that the House conferees would have known the position a majority of the House members have taken on this matter.

By voting against the 1995-96 Appropriation Bill, I realize that vote is recorded as a "no" vote on the entire bill. But for the record, my only opposition to the 1995-96 Appropriation Bill is the continuation of the operation of the Barnwell Nuclear Storage facility.

Rep. GRADY A. BROWN

Many conservative House Republicans voted for and sent to the Senate a conservative budget that produced and gave a smaller, less intrusive government and at the same time gave much needed property tax relief.

Some of us ran and promised cuts and a smaller budget. Republicans have controlled the House for only five months, and the budget we have before us today sets a new record for budgets and for that reason I find myself unable to support the budget.

Rep. HARRY M. HALLMAN, JR.

While I support many provisions of the Appropriation Bill, particularly the property tax relief and other measures which benefit the citizens of District 65, I cannot vote to extend the life of the low level nuclear storage facility at Barnwell and therefore vote no on the Budget.

Rep. J. MICHAEL BAXLEY

The main reason I vote for today's 1995-96 budget is the $195 million in property tax relief. Currently, the taxpayers are carrying the burden for school and county operations. I support tax relief because the taxpayer deserves relief and does not have the avenue nor the means to lobby state government. However, on top of property tax relief, we made a promise for less government. This budget is disappointing because we are increasing government spending by $110 million. This does not include the extra $137 million the state will receive from Barnwell. I wholeheartedly believe that we are not asking much for each agency to cut 5% from their budget. I truly believe that less government spending is better. These cuts would have been implemented had it not been for the tax-and-spend democratically-controlled Senate. Hopefully, upon re-election, there will be a significant change to implement a decrease in government spending. Less government is something we must strive for if the common taxpayer is to survive.

Rep. RONALD N. FLEMING

I voted for this 1995 Budget because the benefits far outweigh the detriments contained in it. This budget provides for the largest tax decrease ever in South Carolina ($195 million). The budget also provides for teacher pay increases (4.2%) and state employee pay increases (3.5%). Both of these groups have been neglected for far too long. The budget also provides funding to implement a long overdue revamping of the welfare system. It also provides for homestead exemptions for the elderly and will provide for an Educational Assistance Endowment Fund which will help regenerate our school facilities and provide scholarship grants for college students.

I'm sorry that the Barnwell low level nuclear storage facility was not openly debated by the House. On two occasions as recorded in the House Journal on June 12 and 13, I voted to debate the issue. On both occasions the vote was defeated.

One of the most important task for us as legislators is to decide how the revenues of this State shall be spent for the citizens of South Carolina. Failure to accomplish this task would be a great failure.

Despite the shortcomings contained in this budget I still find that as a whole it provides greater benefits for the citizens of Sumter and South Carolina than any detriments that may be voiced.

Rep. W. JEFFREY YOUNG

I voted against the 1995-96 General Appropriations Bill. My problems with this Bill also extend to much of the overall budget process this year.

For all of the talk of fiscal conservatism, the General Assembly is spending more - not less - money this year. And we are risking mid-year cuts by spending every dollar that the economic advisors can estimate may be available. Last year the General Assembly finally had the resolve to limit the practice of balancing the budget with "projected revenues." Just seven months after a change of leadership in the House, the fiscal restraint has been abandoned. School districts and local governments should take note of this as they plan their budgets.

Another major fault on this Bill is that it abandons the long-standing, sound policy of this State concerning nuclear waste. I do not simply say "low-level" waste because the decision of this Bill may ultimately lead to our State receiving the most dangerous nuclear waste. The General Assembly, by passing this Bill, had decided to open South Carolina's low-level nuclear waste facility to the entire country forever. The facility will never be closed now.

Despite talk of morality, the General Assembly goes for the cash by allowing the video poker industry to expand beyond what the people authorized a few months ago.

When I look at anticipated property tax savings, I am concerned that they may never materialize. But I think we could have done better with the money we have. Look at all the "local projects" that have been funded with money that could have reduced the need for nuclear waste and video poker money. Why spend millions on local projects that the local communities did not think enough of to fund with local taxes? Why not spend that money on school buildings or other needs that every community has?

I have tried to balance my concerns, realizing that no budget can be exactly what every member wants. However, the fiscal, environmental and moral compromises in this Bill are so overwhelming that I cannot vote for it.

Rep. JOSEPH T. McELVEEN, JR.

I voted for the Conference Report because of property tax relief, the Confederate Flag, the Citadel and the Legacy Trust Fund. However, I have and will continue to vote against Barnwell and video poker law changes.

Rep. RICHARD M. QUINN, JR.

I cannot in good conscience vote for this Appropriations Bill.

While I support the concept of property tax relief, it is unfortunately being used as a "Trojan Horse" to ensure that the Chem Nuclear site is opened to nuclear waste from around the nation. A substantial majority of South Carolinians are opposed to this concept, yet the leadership has not allowed the House to engage in an open debate on the subject. In my judgement, agreeing to keep the site open will ensure that South Carolinians bear the burden of disposing of the nation's nuclear waste for generations to come. Likewise, it will encourage the nation to look to South Carolina as a disposal site for high level waste.

I also must register a concern about the manner in which property tax relief is funded. We have failed to identify a reliable source of paying for tax relief in future years, and I believe that a downturn in the economy, a natural disaster, or additional responsibilities placed on the State by the Federal Government will jeopardize our ability to fulfill the promise of future tax relief. This will not only endanger property tax relief, but jeopardize funding for school children, college students, and the health care needs of our citizens.

Rep. JAMES H. HODGES

I vote for the budget and note my continued opposition to the inclusion of the Barnwell issue as a part of it. I have made every procedural move possible to have this issue debated. Each such attempt failed.

Rep. JAMES L.M. CROMER, JR.

Statement - why I could not vote for the 1995-1996 Appropriation Bill. I do not support the continuation of the Barnwell Dump as I believe that it is time that other states do their share. I also do not support the relaxation of rules for the video poker machine industry, which I believe will be a detriment to our citizens. Also, I ran on the platform of less government - the only way to do that is to not give government more money to spend. We did not do that - we need less government, but this Bill only adds to our problems.

Rep. HERBERT KIRSH

We have spent too much money. We have not done what needs to be done to reduce the size of government. Though no budget is perfect, this one, on balance, has more good than bad. But only just so. It is my goal for next year that we reduce spending and give further tax relief. We have taken a first step but there are miles to go before we sleep.

Rep. L. HUNTER LIMBAUGH

Had I been in the House Chambers when the vote on House Bill 3362 was taken, I would have voted Yea.

Rep. HAROLD G. WORLEY

I reluctantly voted in favor of this year's Budget Conference Report. Unfortunately it failed to cut or even control the growth and size of government. I support property tax relief, but I do not believe that it should come at the expense of my fundamental belief that the size of government is and continues to be our primary problem.

Until government is fiscally responsible to the people that maintain it, I will not be proud of a Bill which continues to increase its size. It is irresponsible to substantiate spending more because we are fortunate enough to have raised more.

Rep. DOUG SMITH

Due to the increased spending and the reversal policy regarding Barnwell, I found myself unable to support the budget given to us by the Conference Committee. I fully supported the House budget in March which cut spending, did not raise taxes, did not reopen the Barnwell nuclear waste facility and gave $183 million for property tax relief. I favor a smaller, less intrusive government and the South Carolina 1995-1996 budget is larger and more intrusive than last year.

Rep. LYNN SEITHEL

After much consideration, deliberation and even prayer, I voted for passage of this budget as recommended by the Conference Committee because overall the good points outweigh those which I oppose.

Meaningful property tax reform for homeowners without abandoning our commitment to public education has been my priority; and on this I commend our leadership and Conferees. While this is the equivalent of five giant steps forward, we have "marched backward into the future" in several areas.

None of us nor the Governor campaigned on the issue of keeping Barnwell open or withdrawal from the SE Compact. The decision to completely reverse State policy on this critical issue is wrong and short sighted. It is not a question of whether we have prostituted ourselves, but instead simply a recognition that we are for sale.

We had the chance to finally reverse the trend in government growth, but instead acquiesced to the Senate and allowed "pork barrel politics" to remain alive and well.

Lastly, the tactic of forcing a vote up or down on the Budget without allowing debate, discussion and individual votes on issues of major controversy does this institution and the public a disservice, hiding the decision from the sunshine of open scrutiny.

Overall, 5 giant steps forward, 3 back - we made progress!

Rep. WILLIAM F. COTTY

I am very disappointed that I had to cast a reluctant yes vote on this year's Conference Report on the Budget. Being on the Ways and Means Committee when the initial House version was passed I was proud to say we both cut government spending, the size of growth and were able to include 183 million in property tax relief. I believe that was a fiscally sound budget. My basic belief is that government that governs best governs least.

Rep. RONALD C. FULMER

Despite the fact that I support of lot of that which is included in the Budget, I must vote against the conference report because to vote for it would be to surrender my only opportunity to oppose efforts to change a long standing state policy relative to accepting out of state low level radioactive waste.

Had members of the House not been denied an opportunity to formally discuss the issue and record a vote either pro or con, I wouldn't be in this position.

I still don't understand the urgency to leave the Southeast Compact. I still cannot ascertain why it is so important to have the radioactive waste issue rammed through without discussion or a vote. This budget doesn't spend the money... No one can tell us exactly how much money will come in from the new fees from Barnwell.

Yet, despite these facts, we are rushing ahead, with no debate, with no roll call vote, we are locking ourselves into exiting from the Southeast Regional Compact. We are making a decision which cannot be reversed. We are ensuring that South Carolina will remain open to the nation's waste for a long long time if not forever.

Rep. WILLIAM D. KEYSERLING

This year in the legislature has allowed me the opportunity to work with people and legislators of different backgrounds and political parties. The exchange of ideas and formulation of opinions to help make South Carolina a better place was encouraging.

Regretfully, I was not able vote for H. 3362 - Free Conference Report. State employee pay raises, teacher pay raises, welfare reform, property tax relief, and the pro-business attitude on the Commission of Higher Education are things that are needed in order for South Carolina to move forward.

Citadel men have made great contributions to South Carolina and the world. Unfortunately the Citadel will not be able to produce great Citadel people who can contribute to South Carolinians and the world.

I was very disappointed that debate was limited on Barnwell, because this disallowed pertinent information, pro and con. With South Carolina having a high cancer rate, a high infant mortality rate, as well as a low educational status, I cannot vote making the State the dumping ground for the nation. Let's magnify the Greenville industrial area, Charleston's port city, and Myrtle Beach's beautiful seaside, and minify anything that is low level.

Rep. THEODORE A. BROWN

I am in opposition to this Bill. This Bill contains 3 items that I feel strongly about:

1. Barnwell

2. Funding for the Citadel Solution (i.e. The Faulkner Fund)

3. Resolution on the Confederate Flag.

Closure was invoked to silence members of this Body, to control what is said, what is shared with the public.

To John Q. Public, listening to me today, understand what was done in this Appropriation Bill: I see this Bill as analogous to a beautiful apple, juicy, red and shiny, but it has been poisoned, like that apple Snow White received from the wicked queen. And if we as a state accept this apple, this Appropriation Bill like Snow White, we too will fall asleep, oblivious to the harm to our environment Barnwell will cause.

Oblivious to the injustice inflicted on women in this State by the Citadel/Converse agreement.

Oblivious to the harm done to racial relations in S.C. Inflicted by the legislation to keep the Confederate flag flying in the face of a people who are descendents of slaves held hostage under this flag.

So let's cut to the chase. You have been deceived, you were told that Barnwell would enable S.C.'s school districts to build new buildings, it will not. You were told that low level nuclear waste is harmless, if so why does every other state look to send it somewhere else?

You were told that the Citadel/Converse Plan is fair, it is "not" fair to women.

You were told that the Confederate Flag flying over this State House is not divisive, it "does" divide us.

For these reasons I cannot vote for this Budget.

Rep. JOSEPH H. NEAL

While H. 3362 provides much needed funding for such items as higher education, K-12 public education and employee pay raises, I cannot in good conscience vote for legislation that sanctions discrimination, legitimatizes offensive symbols and jeopardizes South Carolina's environment.

This legislation provides recurring dollars to the Citadel to thwart efforts by Shannon Faulkner to become a member of the Corp of Cadets. State funds should not be spent to exclude persons, regardless of race, gender or physical capacity, from obtaining a quality education. If the Citadel wishes to remain single-gender then it should opt to become a private institution. This legislation sanctions discrimination and I cannot be a party to such.

Secondly, this legislation includes a permanent provision which makes the Confederate Flag a lasting fixture atop our State House. This flag has a place of honor in our past but not our present nor our future. Its placement atop our State House is offensive to a large segment of our population and, in my opinion, that is sufficient reason to remove it. More importantly, during this age if divisiveness and racial tension, I believe that all of South Carolina can be better served if the flag was provided a place of appropriate honor on our State House grounds or in a museum, not permanent residence atop the sovereign symbol of our State.

Thirdly, this legislation, in my opinion, endangers the future of our environment by extending the life of the Barnwell low-level radioactive waste site. South Carolina cannot afford to become the dumping ground for the nation's waste. Nor can we afford the long term environmental damage that burial of this waste will cause. Given the fact that the House of Representatives was not allowed the opportunity to thoroughly discuss the consequences of keeping Barnwell open, I cannot vote for H. 3362.

In addition, given much of the discussion earlier in the session about reducing the size of government, for me to vote in favor of this legislation would be hypocritical. This budget does not reduce government expenditures. In fact, it spends 242 million dollars more than the current fiscal year's budget and creates sizable annualizations that must be addressed for fiscal year 1997. This legislation, in my opinion, misses the mark in that we have failed to achieve our goal of responsibly controlling the future growth of government.

Therefore, I cannot vote for H. 3362, the General Appropriations Bill.

Rep. GILDA COBB-HUNTER

During the final week of the session and this extended session there have been at least seven attempts to resolve the House into a committee of the whole for the purpose of discussing the Barnwell issue. As you know, each of these were denied.

In my opinion, it was an issue then and now that the politics of the past on (Barnwell) would deliberate circumvent a full debate/discussion and would again wrap Chem-Nuclear's "Golden Calf" in a shroud of honey dipped/pork barrel illusionary programs and projects that would so appease a majority of us that the minority among us would be intimidated into complicity.

Those of you who voted against the "committee of the whole" maneuver used as a rationale that there would be ample time for full discussion during the debate on the conference report. But then today, you voted for cloture, which effectively limited debate.

You added insult to injury, subsequently. I did not speak on the report at all, but I assure you that my silence did not mean consent.

Today, June 13, 1995, I have consciously voted against the Appropriation Bill. For the record, the following concerns fueled my objections:

THE BUDGET

Fiscal conservatism has eluded the so-called conservatives. The commitment to down-size state government has failed. The campaign rhetoric of "less-spending and more accountability" had more to do with soundbite politics than sensible politics.

In fact, it appears that the conservatism talk was all about taking from the poor to give more to the rich, because that is precisely what has been done. This budget has grown by approximately two hundred forty-two million six hundred sixty plus dollars.

BARNWELL

In the Friday, May 19th issue of The State, North Carolina's Governor Jim Hunt is quoted as saying, "We remain committed to fulfilling our end of the compact by licensing a site here, but we will not do so at the expense of public health and the environment."

I ask, if the Chem-Nuclear operation is so safe, why are other governors and governments so cautions about siting a facility?

If the radioactive dump business is so lucrative and so progressive, why are other governors and governments not competing for their share of this market?

Why is North Carolina so reluctant to accept Chem-Nuclear's site engineering but we continue to give them a vote of confidence as a respectfully and public service company?

CITADEL/CONVERSE

It is appalling that this legislature would conveniently find millions of dollars to fund discrimination at a state owned and operated institution of higher learning.

Forty years after Brown vs. the Board of Education our public monies -contributed to by men and women alike - are actually being used in court and legal actions to keep half of the population of the State from attending the Citadel.

This separate but equal proposal was wrong in the past and is still wrong today.

THE CONFEDERATE FLAG

Regrettably this Bill fuels the controversial Confederate Flag issue. Since 1962, this flag has flown illegally over the statehouse and the thought of it enjoying a continuum place of honor is repulsive.

The confederacy lost the War. I do not understand why we continue to celebrate this defeat. I do, however, understand that until we can put the past in the past, South Carolina and the South will continue to be the stepchild of the Nation.

There is not an army anywhere that does not lower the enemies' flag when the country has been conquered and the battle won.

The war is over, the South lost... let's move on.

In my opinion, this has been a mean and insensitive session. I pray you all a meaningful summer and fall and I look to see you whenever we meet again.

Rep. RALPH W. CANTY

I reluctantly voted against the Conference Committee report because of its provisions terminating South Carolina's membership in the Southeast Low Level Nuclear Waste Compact, and opening-up the Barnwell County disposal facility, operated by the Chem-Nuclear Company, to nuclear garbage from throughout the nation and other parts of the world.

Although I object to other elements of this legislation, I would not have voted against the report but for the presence of this odious provision extending and expanding the operation of the Barnwell nuclear waste dump.

I endorse the improvements which the conference report contains over the House-passed budget bill in funding public elementary, secondary and higher education, and state employee compensation.

I also endorse progress on residential property tax reduction. This is an issue I have worked on for two years, and this bill obviously commits substantial resources to roll back residential property taxes. I regret that additional spending limits and enhancement of the public's right to participate directly on budget issues were left out of the conference report.

I am also concerned about the expenditure of non-recurring revenue on many new projects, and especially the excessive use of non-recurring revenue to fund recurring expenses. Next year's budget will carry an historically high annualization cost. If the House majority follows this year's precedent, education budgets will be targeted first to cover any shortfalls.

Because the General Appropriation Bill funds the operation of all of state government, voting against it is a step that should not be taken lightly. However, the issue involving the Barnwell nuclear dump has overriding policy implications for our state. The fact the House leadership refused to even allow debate and a separate vote on this issue is unconscionable. The citizens of this state were denied their rights to be heard through their elected representatives, and denied their rights to hold their representatives accountable on this issue.

The actions of the House majority on Barnwell is the most glaring example of its degradation of environmental conservation as a fundamental policy priority for our state. I believe they are out of step with the values of the people of South Carolina, and they have lost sight of their responsibilities to future generations.

Under these circumstances, I believe it was my duty to vote against the conference report.

Rep. TIMOTHY F. ROGERS

Rep. TOWNSEND moved that the House recede until 2:45 P.M., which was adopted.

At 2:45 P.M. the House resumed, the SPEAKER in the Chair.

The following was introduced:

H. 4308 -- Reps. P. Harris and Tucker: A HOUSE RESOLUTION CONGRATULATING HARRY FINDLEY OF ANDERSON COUNTY ON BEING AN INTEGRAL PART OF AN IMPORTANT UPCOMING MISSION TO RUSSIA, AND WISHING MR. FINDLEY AND HIS FELLOW PARTICIPANTS MUCH GOOD LUCK AND SUCCESS.

The Resolution was adopted.

The following was introduced:

H. 4309 -- Reps. Whatley, Seithel, Fulmer, Harrell, Hutson, Dantzler, Breeland, Inabinett, Limehouse, S. Whipper and L. Whipper: A HOUSE RESOLUTION TO RECOGNIZE THE MANY CONTRIBUTIONS OF MR. MINER WILLIAM CROSBY, JR., TO THE CHARLESTON AND NORTH CHARLESTON COMMUNITIES PRIOR TO HIS DEATH AND TO EXTEND TO HIS FAMILY THE DEEPEST SYMPATHY OF THE HOUSE AT HIS LOSS.

The Resolution was adopted.

The following was introduced:

H. 4310 -- Reps. McElveen, G. Brown, Canty, Neal, J. Young, Harvin, Baxley, T. Brown and Kennedy: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE DAVID F. MCINNIS OF SUMTER COUNTY FOR HIS OUTSTANDING SERVICE AS JUDGE OF THE THIRD JUDICIAL CIRCUIT AND EXTENDING JUDGE MCINNIS OUR BEST WISHES FOR HAPPINESS FOLLOWING HIS RETIREMENT FROM THE CIRCUIT BENCH.

Whereas, the Honorable David F. McInnis of Sumter County has announced his intention to retire from the position of circuit court judge, effective October 1, 1995; and

Whereas, Judge McInnis has been an outstanding jurist and has represented the Third Judicial Circuit for the past ten years; he has been fair and impartial in his rulings and decisions affecting litigants and attorneys appearing before him; and justice has been the hallmark of his tenure on the State's circuit bench; and

Whereas, Judge McInnis was born in Timmonsville; he graduated from Sumter's Edmunds High School, from the University of North Carolina with an A.B. degree, and from the University of South Carolina School of Law; he served as Sumter City Recorder from 1966-70 and as county prosecutor from 1984-85; and he was well-known and highly regarded as a distinguished lawyer and member of the South Carolina Bar; and

Whereas, he is a former member of the South Carolina House of Representatives, where he rendered excellent legislative service to the people of South Carolina from 1975-82; and

Whereas, he has been a dedicated and outstanding public servant for many years, and the citizens of the Palmetto State are truly grateful for his service, contributions, and accomplishments with respect to good government. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly of the State of South Carolina, by this resolution, commends the Honorable David F. McInnis of Sumter County for his outstanding service as Judge of the Third Judicial Circuit and extends to him best wishes for happiness following his retirement from the circuit bench.

Be it further resolved that a copy of this resolution be forwarded to Judge McInnis, our good friend and distinguished former colleague.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3787:
H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.
Very respectfully,
President

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Stilwell, Moore and Holland of the Committee of Free Conference on the part of the Senate on S. 101:
S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 101:
S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.
Very respectfully,
President

The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Drummond, J. Verne Smith and Peeler of the Committee of Free Conference on the part of the Senate on H. 3362:

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3362:

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted in the Senate and the Report of the Committee of Conference having been adopted by the House, both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 126:
S. 126 -- Senators Land and Washington: A BILL TO AMEND SECTION 9-8-110(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER ON HER REMARRIAGE.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
S. 126 -- Senators Land and Washington: A BILL TO AMEND SECTION 9-8-110(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER ON HER REMARRIAGE.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 124, S. 814 by a vote of 44 to 0.
(R124) S. 814 -- Senator Holland: AN ACT TO REPEAL ACT 467 OF 1969, RELATING TO THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY.
Very respectfully,
President

June 12, 1995
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 814, R. 124, an Act:
TO REPEAL ACT 467 OF 1969, RELATING TO THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY.

This veto is based upon my belief that S. 814, R. 124 of 1995, is unconstitutional. It is clearly an act for a specific municipality, the Town of Jefferson. Article VIII, Section 10 of the South Carolina Constitution states that "[n]o laws for a specific municipality shall be enacted."

For the above reason, I am returning S. 814, R. 124, without my signature.

Sincerely,
David M. Beasley

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:

Those who voted in the affirmative are:
Baxley

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 117, S. 670 by a vote of 44 to 0.
(R117) S. 670 -- Senator Holland: AN ACT TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID FROM KERSHAW COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, AND PROVIDE THAT THE COMMITTEE SHALL RECEIVE THE PAYMENT AUTHORIZED IN THIS ACT UPON ISSUANCE OF APPROVED VOUCHERS BY THE COMMITTEE'S CHAIRMAN, EXCEPT THAT THE CHAIRMAN MAY NOT APPROVE VOUCHERS IN ANY SINGLE FISCAL YEAR WHICH VOUCHERS AUTHORIZE PAYMENT FOR MORE THAN FIFTEEN MEETINGS PER FISCAL YEAR FOR EACH MEMBER OF THE COMMITTEE.
Very respectfully,
President

June 12, 1995
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 670, R. 117, an Act:
TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID FROM KERSHAW COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, AND PROVIDE THAT THE COMMITTEE SHALL RECEIVE THE PAYMENT AUTHORIZED IN THIS ACT UPON ISSUANCE OF APPROVED VOUCHERS BY THE COMMITTEE'S CHAIRMAN, EXCEPT THAT THE CHAIRMAN MAY NOT APPROVE VOUCHERS IN ANY SINGLE FISCAL YEAR WHICH VOUCHERS AUTHORIZE PAYMENT FOR MORE THAN FIFTEEN MEETINGS PER FISCAL YEAR FOR EACH MEMBER OF THE COMMITTEE.

This veto is based on my belief that the compensation of members of County Transportation Committees addressed by S. 670, R. 117 of 1995, should be dealt with by general legislation.

For the above reason, I am returning S. 670, R. 117, without my signature.

Sincerely,
David M. Beasley

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:

Those who voted in the affirmative are:

Baxley                 Cotty                  Sheheen

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 102, S. 368 by a vote of 0 to 42.
(R102) S. 368 -- Senator Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-9-55 SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY SERVING ANY PART OF A YEAR TO ESTABLISH CREDIT FOR THE FULL YEAR UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BY PAYING THE FULL ACTUARIAL COST OF THE SERVICE.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby the veto was sustained and has now overridden the veto by the Governor on R. 102, S. 368 by a vote of 40 to 0.
(R102) S. 368 -- Senator Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-9-55 SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY SERVING ANY PART OF A YEAR TO ESTABLISH CREDIT FOR THE FULL YEAR UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BY PAYING THE FULL ACTUARIAL COST OF THE SERVICE.
Very respectfully,
President

June 12, 1995
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 368, R. 102, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-9-55 SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY SERVING ANY PART OF A YEAR TO ESTABLISH CREDIT FOR THE FULL YEAR UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BY PAYING THE FULL ACTUARIAL COST OF THE SERVICE.

I recognize and appreciate the continued service of individuals who are otherwise eligible for retirement. However, this legislation creates a special class of individuals who would be allowed to collect retirement benefits from a state retirement fund while at the same time being paid substantial state salaries. Other state employees who participate in state retirement systems are not offered this benefit. In addition, frequent changes in eligibility for retirement benefits undermine confidence in the state retirement systems.

For these reasons, I am returning S. 368, R. 102, without my signature.

Sincerely,
David M. Beasley

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:

Those who voted in the affirmative are:

Anderson               Askins                 Baxley
Cain                   Carnell                Cobb-Hunter
Davenport              Easterday              Fair
Felder                 Fleming                Gamble
Harris, J.             Haskins                Herdklotz
Hutson                 Inabinett              Keegan
Kinon                  Knotts                 Koon
Lanford                Limbaugh               Lloyd
Mason                  McAbee                 McMahand
Meacham                Quinn                  Rice
Riser                  Scott                  Sheheen
Shissias               Spearman               Tucker
Vaughn                 Waldrop                Walker
Whatley                Wilkins                Witherspoon

Those who voted in the negative are:

Cooper                 Kirsh                  Neilson
Robinson               Stuart                 Trotter

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

June 12, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 4230, R.207, an Act:
TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS COUNTY TRANSPORTATION COMMITTEE.

This veto is based upon my belief that the compensation of members of County Transportation Committees addressed by H. 4230, R. 207 of 1995, should be dealt with by general legislation.

For the above reason, I am returning H. 4230, R. 207, without my signature.

Sincerely,
David M. Beasley

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:

Those who voted in the affirmative are:

Carnell                Stoddard               Wilder

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

June 12, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 4218, R. 201, an Act:
TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MCCORMICK COUNTY TRANSPORTATION COMMITTEE.

This veto is based on my belief that the compensation of members of County Transportation Committees addressed by H. 4218, R. 201 of 1995, should be dealt with by general legislation.

For the above reason, I am returning H. 4218, R. 201, without my signature.

Sincerely,
David M. Beasley

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:

Those who voted in the affirmative are:
McAbee

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

June 12, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 4226, R. 204, an Act:
TO AUTHORIZE THE MEMBERS OF THE ORANGEBURG COUNTY TRANSPORTATION COMMITTEE TO BE REIMBURSED MILEAGE FROM FUNDS AVAILABLE FOR ADMINISTRATIVE EXPENSES OF THE COMMITTEE AND TO PROVIDE FOR THE ALLOWABLE RATE.

This veto is based on my belief that the compensation of members of County Transportation Committees addressed by H. 4226, R. 204 of 1995, should be dealt with by general legislation.

For the above reason, I am returning H. 4226, R. 204, without my signature.

Sincerely,
David M. Beasley

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:

Those who voted in the affirmative are:

Bailey                 Cobb-Hunter            Felder
Govan                  Stuart

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

June 12, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 4224, R. 203, an Act:
TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE ABBEVILLE COUNTY TRANSPORTATION COMMITTEE.

This veto is based on my belief that the compensation of members of County Transportation Committees addressed by H. 4224, R. 203 of 1995, should be dealt with by general legislation.

For the above reason, I am returning H. 4224, R. 203, without my signature.

Sincerely,
David M. Beasley

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:

Those who voted in the affirmative are:

Carnell                McAbee                 Stille
Townsend

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

June 12, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 4219, R. 202, an Act:
TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE GREENWOOD COUNTY TRANSPORTATION COMMITTEE.

This veto is based on my belief that the compensation of members of County Transportation Committees addressed by H. 4219, R. 202 of 1995, should be dealt with by general legislation.

For the above reason, I am returning H. 4219, R. 202, without my signature.

Sincerely,
David M. Beasley

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:

Those who voted in the affirmative are:

Carnell                Klauber                McAbee
Stille

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

June 12, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 4089, R. 187, an Act:
TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERS OF THE COMMISSION FROM SEVEN TO ELEVEN.

This veto is based upon my belief that H. 4089, R. 187 of 1995, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."

Additionally, this act is virtually identical to S. 732, R. 78, an act which I vetoed on May 17, 1995.

For the above reasons, I am returning H. 4089, R. 187, without my signature.

Sincerely,
David M. Beasley

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:

Those who voted in the affirmative are:

Carnell                McAbee                 Stille

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

June 12, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 3023, R. 131, an Act:
TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1995 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-2414 SO AS TO PROVIDE FOR A DEDUCTION FROM STATE INCOME TAX REFUNDS OR A CONTRIBUTION TO BE ADDED TO STATE INCOME TAX PAYMENTS FOR THE SUPPORT OF THE GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43, SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS; AND TO ADD SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.

The need for organ and tissue donors is great, and organ and tissue donors truly give "the gift of life." However, this is not an issue that should be addressed by creating another government program. Private entities such as the Living Bank already provide public education programs and maintain donor data. In addition, I am concerned about the administrative costs of maintaining a state-run program.

For the above reasons, I am returning H. 3023, R. 131, without my signature.

Sincerely,
David M. Beasley

Rep. WALKER moved to adjourn debate upon the veto, which was rejected.

Rep. WALKER spoke against the veto.

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:

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

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
Wells                  Whatley                Wilkins
Witherspoon            Young, A.              Young, J.

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.

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.

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 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 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 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 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 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 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; 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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.

(R212) H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.

(R213) H. 3839 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 34-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RECORDS MAY BE COPIED AND REPRODUCED, TO REVISE THE ENTITIES TO WHICH THIS SECTION APPLIES, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COPIES AND REPRODUCTIONS OF THESE RECORDS MAY BE ADMITTED INTO EVIDENCE.

(R214) H. 4243 -- Rep. Wofford: AN ACT TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE SANGAREE AND STRATFORD PRECINCTS.

At 3:30 P.M. the House resumed, the SPEAKER in the Chair.

The House stood at ease subject to the call of Chair.

At 3:55 P.M. the House resumed, the SPEAKER in the Chair.

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3647:
H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 15, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.
Very respectfully,
President

Received as information.

June 12, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3023, R. 131, an Act:
TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1995 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-2414 SO AS TO PROVIDE FOR A DEDUCTION FROM STATE INCOME TAX REFUNDS OR A CONTRIBUTION TO BE ADDED TO STATE INCOME TAX PAYMENTS FOR THE SUPPORT OF THE GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43, SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS; AND TO ADD SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.

The need for organ and tissue donors is great, and organ and tissue donors truly give "the gift of life." However, this is not an issue that should be addressed by creating another government program. Private entities such as the Living Bank already provide public education programs and maintain donor data. In addition, I am concerned about the administrative costs of maintaining a state-run program.

For the above reasons, I am returning H. 3023, R. 131, without my signature.

Sincerely,
David M. Beasley

Rep. NEILSON moved to reconsider the vote whereby the veto was sustained.

Rep. WELLS moved to table the motion.

Rep. J. BROWN demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Brown, H.              Cain                   Cato
Cooper                 Cotty                  Dantzler
Davenport              Easterday              Fair
Fleming                Fulmer                 Haskins
Herdklotz              Kirsh                  Knotts
Law                    Limbaugh               Marchbanks
Rice                   Robinson               Seithel
Simrill                Smith, D.              Smith, R.
Tripp                  Vaughn                 Waldrop
Wells                  Wilkins                Wofford
Wright                 Young, A.              Young, J.

Those who voted in the negative are:

Askins                 Baxley                 Beatty
Boan                   Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Canty                  Carnell                Cave
Chamblee               Clyburn                Cobb-Hunter
Cromer                 Delleney               Felder
Gamble                 Govan                  Harris, J.
Hines                  Howard                 Huff
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Klauber                Koon                   Lanford
Limehouse              Littlejohn             Lloyd
Martin                 Mason                  McAbee
McCraw                 McElveen               McMahand
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Quinn
Rhoad                  Richardson             Riser
Rogers                 Sandifer               Scott
Sharpe                 Sheheen                Shissias
Spearman               Stille                 Stoddard
Stuart                 Townsend               Trotter
Tucker                 Walker                 Wilder
Wilkes                 Witherspoon            Worley

So, the House refused to table the motion.

The question then recurred to the motion to reconsider, which was agreed to.

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:

Those who voted in the affirmative are:

Askins                 Bailey                 Baxley
Beatty                 Boan                   Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Canty                  Carnell
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cromer                 Dantzler
Davenport              Delleney               Felder
Gamble                 Govan                  Harris, J.
Hines                  Hodges                 Howard
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Knotts                 Koon                   Littlejohn
Lloyd                  Martin                 Mason
McAbee                 McCraw                 McElveen
McMahand               Moody-Lawrence         Neal
Neilson                Phillips               Quinn
Rhoad                  Richardson             Riser
Rogers                 Scott                  Sharpe
Sheheen                Shissias               Spearman
Stille                 Stoddard               Stuart
Thomas                 Townsend               Trotter
Tucker                 Walker                 Wilder
Wilkes                 Worley                 Wright
Young, J.

Those who voted in the negative are:

Brown, H.              Cain                   Cato
Cooper                 Cotty                  Easterday
Fair                   Fleming                Fulmer
Harrell                Harrison               Haskins
Herdklotz              Hutson                 Kirsh
Klauber                Lanford                Law
Limbaugh               Limehouse              Marchbanks
Meacham                Rice                   Robinson
Sandifer               Seithel                Simrill
Smith, D.              Smith, R.              Tripp
Vaughn                 Waldrop                Wells
Whatley                Wilkins                Witherspoon
Wofford                Young, A.

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.

Rep. HODGES moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

S. 219 -- Senators Greg Smith, Leventis, Cork, Rankin, Thomas and Hayes: A BILL TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.

The yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Allison                Baxley                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Byrd                   Cain
Carnell                Cato                   Chamblee
Clyburn                Cobb-Hunter            Cooper
Easterday              Fair                   Fleming
Fulmer                 Gamble                 Harrell
Harris, J.             Harrison               Haskins
Herdklotz              Hines                  Hodges
Howard                 Hutson                 Inabinett
Jennings               Keegan                 Kelley
Keyserling             Kinon                  Klauber
Knotts                 Koon                   Law
Limbaugh               Limehouse              Littlejohn
Lloyd                  Marchbanks             Mason
McCraw                 Meacham                Neal
Neilson                Phillips               Quinn
Rice                   Riser                  Robinson
Rogers                 Sandifer               Scott
Seithel                Sharpe                 Shissias
Simrill                Smith, D.              Smith, R.
Stuart                 Townsend               Tripp
Trotter                Vaughn                 Waldrop
Walker                 Whatley                Wilder
Wilkes                 Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, J.

Those who voted in the negative are:

Bailey                 Canty                  Cotty
Dantzler               Davenport              Delleney
Kirsh                  McElveen               Rhoad
Sheheen                Spearman               Stille

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was rejected.

The following was introduced:

S. 911 -- Senators Holland, McConnell and Moore: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON OR BEFORE 5:00 P.M. ON JUNE 15, 1995, THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 16, 19, 20, 21, 22, AND 23, 1995, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF THE AFFECTED DELEGATION AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS, AND TO PROVIDE FOR THE RATIFICATION OF ACTS ON JUNE 16, 19, 20, 21, 22, OR 23 UPON CALL OF THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON FRIDAY, JUNE 23, 1995, IT SHALL STAND ADJOURNED SINE DIE.

Rep. SHEHEEN raised the Point of Order that the Resolution was out of order as it was not authorized under the Sine Die Resolution.

The SPEAKER sustained the Point of Order and ruled the Resolution out of order.

The SPEAKER appointed Reps. ALLISON, BYRD and MEACHAM of a committee to notify the Senate that the House had completed their work and was ready to adjourn Sine Die.

The SPEAKER appointed Reps. J. HARRIS, WOFFORD and COBB-HUNTER of a committee to notify the Governor that the House had completed their work and was ready to adjourn Sine Die.

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Holland, Moore and Courson of the Committee of Free Conference on the part of the Senate on S. 219:
S. 219 -- Senators Greg Smith, Leventis, Cork, Rankin, Thomas and Hayes: A BILL TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 219:
S. 219 -- Senators Greg Smith, Leventis, Cork, Rankin, Thomas and Hayes: A BILL TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.
Very respectfully,
President

Received as information.

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 11:30 A.M., Thursday, June 15, for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. HASKINS the invitation was accepted.

Rep. SHEHEEN moved that the House stand at ease subject to the Ratification of Acts and upon completion, the House stand adjourned Sine Die, which was adopted.

At 11:29 A.M., Thursday, June 15, the House resumed, the SPEAKER in the Chair.

At 11:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.

(R215) S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: AN ACT TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO REVISE THE CRIMINAL OFFENSES OVER WHICH MAGISTRATES HAVE JURISDICTION AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, AND TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM FRAUDULENT CHECK OR SHOPLIFTING VIOLATIONS AND TO REQUIRE THE MAGISTRATE TO SPECIFY AN AMOUNT OF RESTITUTION AT THE TIME OF SENTENCING IN THESE CASES AS AN ALTERNATIVE TO ANY IMPRISONMENT OF MORE THAN NINETY DAYS; TO AMEND SECTION 16-25-60, AS AMENDED, RELATING TO PERSONS REQUIRED TO APPEAR BEFORE A JUDGE IN CRIMINAL DOMESTIC VIOLENCE CASES, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS FOR SUSPENDING SENTENCE; TO AMEND SECTION 20-4-70 RELATING TO DURATION OF PROTECTION ORDERS IN DOMESTIC ABUSE CASES, SO AS TO FURTHER PROVIDE FOR THE DURATION AND ENFORCEMENT OF THESE ORDERS; TO AMEND SECTION 34-11-70, AS AMENDED, RELATING TO FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE CHARGES WHICH MAY BE IMPOSED IN CONNECTION WITH SUCH CHECKS AND CERTAIN NOTICE REQUIREMENTS UNDER THE SECTION; TO AMEND SECTION 56-5-765 RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING MOTOR VEHICLES OR MOTORCYCLES OF LAW ENFORCEMENT AGENCIES, SO AS TO FURTHER PROVIDE FOR THE TYPES OF COLLISIONS TO WHICH THE SECTION APPLIES AND THE AUTHORITY OF THE LAW ENFORCEMENT AGENCY INVOLVED TO INVESTIGATE THE COLLISION; TO ADD SECTION 56-5-2780 SO AS TO PROVIDE THE PENALTIES FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS INCLUDING PROVIDING FOR A FELONY IF THE VIOLATION CAUSES GREAT BODILY INJURY OR DEATH TO A PEDESTRIAN; AND TO AMEND SECTION 56-5-2775, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS AND FOR UNLAWFULLY PASSING OR PROCEEDING AT TRAFFIC OR RAILROAD CROSSINGS, SO AS TO DELETE REFERENCES TO PENALTIES FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS WHICH ARE NOW PROVIDED IN SECTION 56-5-2780.

(R216) S. 126 -- Senators Land and Washington: AN ACT TO AMEND SECTION 9-1-1650 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMOUNTS PAID AT TERMINATION OF EMPLOYMENT AND CERTAIN ELECTIONS UNDER THE STATE RETIREMENT SYSTEM SO AS TO PERMIT AN ACTIVE CONTRIBUTING MEMBER TO NAME CONTINGENT BENEFICIARIES; TO AMEND SECTION 9-8-110 RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PERMIT AN ACTIVE CONTRIBUTING MEMBER TO NAME SECONDARY BENEFICIARIES AND TO DELETE THE PROVISION TERMINATING CERTAIN BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER UPON REMARRIAGE; TO ADD SECTION 9-9-55 SO AS TO PROVIDE THAT ANY MEMBER OF THE GENERAL ASSEMBLY WHO SERVED IN THE GENERAL ASSEMBLY ANY PORTION OF A YEAR MAY ESTABLISH CREDIT FOR THE ENTIRE YEAR BY PAYING THE FULL ACTUARIAL COST THEREOF; TO AMEND SECTION 9-9-100, AS AMENDED, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE GENERAL ASSEMBLY RETIREMENT SYSTEM, SO AS TO PERMIT AN ACTIVE CONTRIBUTING MEMBER TO NAME CONTINGENT BENEFICIARIES; AND TO AMEND SECTION 9-11-110 RELATING TO LUMP SUM BENEFITS PAID IN THE EVENT OF DEATH OF A MEMBER OF THE POLICE OFFICER'S RETIREMENT SYSTEM PRIOR TO RETIREMENT, SO AS TO PERMIT AN ACTIVE CONTRIBUTING MEMBER TO NAME CONTINGENT BENEFICIARIES.

(R217) H. 3647 -- Ways and Means Committee: AN ACT TO AMEND SECTION 11-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON GENERAL FUND APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROHIBIT APPROPRIATIONS OF SURPLUS REVENUES BEFORE THE CLOSING OF THE STATE'S BOOKS FOR A FISCAL YEAR AND TO PROVIDE THAT THE AMOUNT UNAVAILABLE FOR APPROPRIATION IN THE ANNUAL GENERAL APPROPRIATIONS ACT PURSUANT TO THE LIMITATION, AFTER TRANSFER TO THE GENERAL FUND OF AMOUNTS NECESSARY TO OFFSET A RECOGNIZED BUDGET SHORTFALL FOR THE YEAR FOR WHICH THE LIMITATION APPLIED, IS APPROPRIATED TO THE PROPERTY TAX RELIEF FUND.

(R218) H. 3690 -- Ways and Means Committee: 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.

(R219) H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: AN ACT TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO AMEND SECTION 61-1-105 RELATING TO THE REFUND OF THE AMOUNT OF THE LICENSE OR PERMIT FEE IF A LICENSEE OR PERMITTEE LOSES HIS BUSINESS LEASE, OR CLOSES THE BUSINESS DUE TO FIRE OR OTHER NATURAL DISASTER OR DIES WITHIN THE FIRST YEAR OF THE LICENSE OR PERMIT PERIOD, SO AS TO DELETE THE SPECIFIC REASONS AND PROVIDE THAT IT MUST BE REFUNDED FOR ANY REASON IF OCCURRING DURING THE FIRST YEAR AND PROVIDE THAT NO LICENSEE OR PERMITTEE IS ELIGIBLE FOR A REFUND UNDER THE PROVISIONS OF THIS SECTION IF THE LICENSE OR PERMIT HAS BEEN CANCELED, RELINQUISHED, OR REVOKED AS A RESULT OF AN ENFORCEMENT ACTION OR A FAILURE TO ADHERE TO THE CONDITIONS OF THE LICENSE OR PERMIT; TO AMEND SECTIONS 61-3-710, 61-5-70, AND 61-9-310, ALL AS AMENDED, RELATING TO PERMITTING AND LICENSING PERIODS FOR BEER, WINE, AND ALCOHOLIC BEVERAGES, SO AS TO PROVIDE FOR PRORATED FEES FOR BEER AND WINE PERMITS, AND TO DELETE OBSOLETE PROVISIONS; AND TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.

At 11:59 A.M. the House resumed, the SPEAKER in the Chair.

The Senate returned to the House with concurrence the following:

H. 4305 -- Reps. Tucker, D. Smith, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE DONALD W. "DON" BEATTY OF SPARTANBURG FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND TO WISH HIM THE VERY BEST AS HE LEAVES LEGISLATIVE SERVICE TO BEGIN HIS SERVICE AS A JUDGE IN THE SEVENTH JUDICIAL CIRCUIT.

H. 4306 -- Reps. Cromer, Inabinett, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ANNE D. FOSTER FOR HER DEDICATED SERVICE AND TIRELESS DEVOTION TO STATE SERVICE AND PARTICULARLY THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES WHERE HER SMILING FACE AND TENDERHEARTED PERSONALITY HAVE GRACED ITS HALLS SINCE 1977.

H. 4307 -- Rep. P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF DR. JAMES GORDON HALFORD, JR., OF ANDERSON WHO DIED WEDNESDAY, JUNE 7, 1995.

At 12:00 Noon, Thursday, June 15, the House in accordance with the motion of Rep. HARRELL adjourned Sine Die in memory of Gedell Roundtree, sister of Rep. H. BROWN of North Charleston.

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