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Center for Electrochemical Engineering. . . . .500,000
62. University of South Carolina

Small Business Development Center

Base Closure Grant Match. . . . .150,000
63. Coordinating Council for

Economic Development. . . . .5,000,000
64. Department of Health and

Environmental Control

Sullivan's Island Beach

Inlet Renourishment. . . . .30,000

Funds appropriated for the Sullivan's Island Breach Inlet Renourishment Project cannot be expended until the Mayor of Sullivan's Island certifies to the Department of Health and Environmental Control that matching funds are available for expenditure.
65. Attorney General's Office

Insurance Fraud Unit. . . . .50,000
66. State Law Enforcement Division

Insurance Fraud Unit. . . . .50,000
67. Medical University of South Carolina

Dialysis Research. . . . .165,000
68. Governor's Office

Legacy Trust Fund. . . . .2,250,000
69. Department of Mental Health

Pee Dee Mental Health Center. . . . .4,500,000
70. Probation, Pardon and Parole

Employment Services. . . . .50,000
71. Department of Commerce

Chester County Airport

Improvements. . . . .300,000
72. Department of Agriculture

Chester County Farmers Market

Renovations. . . . .35,000
73. Department of Education

Tugaloo

Environmental Education. . . . .150,000
74. Governor's Office - OEPP

Legal Services Program. . . . .50,000

Equity Lawsuit. . . . .100,000
76. Department of Education

Governor's School of Math

and Science. . . . .2,000,000
77. Department of Natural Resources

Boat Facility

Matching Federal Funds. . . . .200,000
78. State Law Enforcement Division

DNA Program: Freezer and Implementation. . . . .100,000
79. City of Newberry

Opera House Restoration. . . . .250,000
80. Budget and Control Board

Division of Operations

Carolina Plaza. . . . .600,000
81. Adjutant General

Armory Maintenance and Repair. . . . .500,000
82. Property Tax Relief Fund. . . . .11,200,000
83. Coastal Carolina University

Community Fitness Center. . . . . 250,000

Total. . . . .178,005,723

SECTION 3. (A) Appropriations in Section 2 are in priority order and each appropriation must be fully funded before the next appropriation in order is paid.

(B) Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purposes.

SECTION 4. In addition to the appropriations provided in Section 2 of this joint resolution, there is appropriated from the general fund of the State $2,500,000 each for the University of South Carolina and City of Greenville arena projects, but this appropriation is contingent upon receipt of the $5,000,000 from the Southeast Compact for Low-Level Nuclear Waste pursuant to the provisions of Section 48-48-80(E) of the 1976 Code and the approval of the financial plan assuring the funding for the construction of each of the arenas by the State Budget and Control Board. The State Budget and Control Board review is limited to assurance of the total fund availability for the construction. Failure of either of the entities to present a plan to be approved prior to December 31, 1996, shall result in forfeiture and lapse of these appropriations.

SECTION 5. The remaining balance on the loan made to the Patriot's Point Development Authority from the Coordinating Council on

SECTION 6. Notwithstanding any other provision of law, any unallocated fiscal year 1994-95 Education Finance Act funds shall be used to purchase school buses under the terms of the existing contract. Should any of the unallocated fiscal year 1994-95 Education Finance Act funds not be utilized to purchase school buses, remaining funds shall be allocated to the school districts for school building aid on a nonmatching basis on the same basis that districts receive Education Finance Act allocations.

SECTION 7. The State Budget and Control Board will transfer sufficient FTEs and associated appropriations for personal services and other operating expenses as identified by the Department of Revenue and Taxation and the Department of Public Safety from the Department of Public Safety to the Department of Revenue and Taxation. These positions and associated funds are to be used to perform dealer record inspection and audits and verify criteria as defined in Chapters 15 and 16 of Title 56 and Chapter 17 of Title 31 of the 1976 Code for licensing purposes. The Director of the Department of Public Safety will reassign those personnel remaining, but originally assigned, to perform the duties of record inspections and audits to other duties within the department.

SECTION 8. A. Section 44-2-20 of the 1976 Code, as last amended by Section 80C, Part II, Act 497 of 1994, is amended by adding appropriately numbered items to read:

"( ) `Affiliate' means persons who are affiliates to each other if, directly or indirectly, either one controls or has the power to control the other or a third person controls or has the power to control both. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interest among family members, shared facilities and equipment, common use of employees, or a business entity organized following the suspension, debarment, or exclusion of a person, under applicable regulation, where the person has the same or similar management, ownership, or principal employees as the suspended, debarred, or excluded person.

( ) `Familial relationship' means a connection or association by family or relatives, in which a family member or relative has a material interest. Family or relatives include father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,

( ) `Financial relationship' means a connection or association through a material interest or sources of income which exceed five percent of annual gross income from a business entity.

( ) `Related interest' means affiliated companies, principal owners of the client company, or any other party with which the client deals where one of the parties can influence the management or operation policies of the other."

B. Section 44-2-50(A) of the 1976 Code, as added by Act 486 of 1988, is amended to read:

"(A) The department shall promulgate regulations relating to permitting, release detection, prevention, and correction applicable to all owners and operators of underground storage tanks as may be necessary to protect human health and the environment. The department in these regulations may distinguish between types and classes of underground storage tanks. The regulations promulgated pursuant to this section shall must include the following requirements for underground storage tanks:

(1) requirements for submitting a permit application and obtaining permits prior to before the installation and operation of an underground storage tank;

(2) requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment;

(3) requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing or comparable system;

(4) requirements for reporting of releases and corrective action taken in response to a release from an underground storage tank;

(5) requirements for taking corrective action in response to a release from an underground storage tank. The requirements mandated by this item, other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment a release may pose, do not apply to a person who, without participating in the management of an underground storage tank and is otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect that person's security interest in the tank. The indicia of ownership do not include persons who acquire title to the property through

(6) requirements for the closure of tanks to prevent future releases of regulated substances into the environment."

C. Section 44-2-80 of the 1976 Code, as added by Act 486 of 1988, is amended to read:

"Section 44-2-80. (A) Any person who releases a regulated substance from an underground storage tank shall immediately shall undertake to contain, remove, and abate the release to the satisfaction of the department. However, the undertaking to contain, remove, or abate a release must not be considered an admission of responsibility for the release by the person taking the action. Notwithstanding this requirement, the department may undertake the removal of the abatement measures and other site rehabilitation actions in response to a release and may contract and retain agents who shall operate under the discretion of the department if a responsible party is unwilling or unable to conduct the cleanup site rehabilitation.

(B) The requirement to conduct site rehabilitation actions other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment a release may pose, does not apply to a person who, without participating in the management of an underground storage tank and is otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect that person's security interest in the tank. The indicia of ownership do not include persons who acquire title to the property through foreclosure or other means necessary to enforce the security interests and who, without participating in the management, are otherwise not engaged in petroleum production, refining, and marketing.

(C) A person who acquires title to any property on which an underground storage tank has been removed is not responsible for site rehabilitation actions other than necessary abatement actions to eliminate any imminent threat to human health, safety, or the environment. This exemption applies to the extent the release is eligible for compensation from the Superb Account if both of the following conditions are met:

(1) The person does not have or has not had any familial, financial, or related interest with the person who owned or operated the underground storage tanks that were previously in use at that property. The person must not be an affiliate of the owner or operator.

SECTION 9. A. Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-80. (A) A county, municipality, special purpose or public service district, and a school district shall provide notice to the public by advertising the public hearing before the adoption of its budget for the next fiscal year in at least one South Carolina newspaper of general circulation in the area. This notice must be given not less than fifteen days in advance of the public hearing and must be a minimum of two columns wide with a bold headline.

(B) The notice must include the following:

(1) the governing entity's name;

(2) the time, date, and location of the public hearing on the budget;

(3) the total revenues and expenditures from the current operating fiscal year's budget of the governing entity;

(4) the proposed total projected revenue and operating expenditures for the next fiscal year as estimated in next year's budget for the governing entity;

(5) the proposed or estimated percentage change in estimated operating budgets between the current fiscal year and the proposed budget;

(6) the millage for the current fiscal year; and

(7) the estimated millage in dollars as necessary for the next fiscal year's proposed budget.

(C) This notice is given in lieu of the requirements of Section 4-9-130."

B. This section is effective for fiscal years beginning after July 1, 1995.

SECTION 10. This joint resolution takes effect upon approval by the Governor, but no appropriation in Section 2 may be paid until after the Comptroller General closes the state's books on fiscal year 1994-95./

Amend title to conform.

/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.

, and a message was sent to the House accordingly.

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.

A message was sent to the House accordingly.

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.

On motion of Senator DRUMMOND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator DRUMMOND moved that Free Conference Powers be granted.

Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators DRUMMOND, J. VERNE SMITH and PEELER to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.

Mr. President and Senators:

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

Received as information.

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

On motion of Senator DRUMMOND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

On motion of Senator DRUMMOND, the Report of the Committee of Conference was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.
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 joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated

(1) Budget and Control Board

Federal Retiree Settlement. . . . .12,500,000

(2) Budget and Control Board

Catawba Indian Settlement. . . . .2,500,000

(3) State Election Commission

1996 Primary Elections. . . . .500,000

(4) Commission on

Higher Education

Formula. . . . .35,071,124

(5) Tuition Grants

Grant Funds. . . . .1,000,000

(6) Department of Education

Bus Maintenance and Fuel. . . . .1,000,000

(7) Department of Corrections

Vehicles/Maintenance. . . . .2,211,360

(8) Department of Juvenile Justice

Vehicles/Equipment. . . . .870,000

(9) South Carolina Law Enforcement

Division

Vehicles/Equipment. . . . .1,660,000

(10) Department of Natural

Resources

Vehicle Replacement. . . . .1,000,000

(11) Department of Health and

Environmental Control

Environmental Quality Control

Equipment. . . . .277,000

(12) Department of Health and

Environmental Control

Coastal Council

Beach Renourishment. . . . .5,200,000

(13) Department of Parks, Recreation

and Tourism

Palmetto Trail. . . . .600,000

(14) Department of Insurance

Computer Equipment. . . . .1,000,000

(15) Election Commission

Automated Voting Equipment. . . . .415,000

Licensing, and

Regulation

Fire Academy Equipment. . . . .250,000

(17) Judicial Department

Pilot Arbitration Program. . . . .100,000

(18) Administrative Law Judges

Training. . . . .10,775

(19) Department of Veterans Affairs

Veterans Cemetery. . . . .220,000

(20) Clemson PSA

Camp Hope. . . . .672,000

(21) Charleston Redevelopment Authority. . . . . 200,000

Total. . . . .67,257,259

SECTION 2. With respect to appropriations made in Section 1 of this joint resolution, any funds appropriated by the State for the Grand Strand Beach Renourishment Project cannot be expended until the United States Army Corps of Engineers certifies to the Department of Health and Environmental Control that the federal funds and the required funds from local governments for construction of the Grand Strand Beach Renourishment Project are available for expenditure.

SECTION 3. This joint resolution takes effect thirty days after the completion of the 1994-95 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code./

Amend title to conform.

/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.

, and a message was sent to the House accordingly.

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.

A message was sent to the House accordingly.

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