1996 Permanent Senate Journal Printed Pages 930-941 - South Carolina Legislature Online

Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

Printed Page 920, Mar. 5 | Printed Page 941, Mar. 6

Printed Page 930 . . . . . Wednesday, March 6, 1996

The purpose of the provision in Section 61-5-180 that allows a county or municipality to hold a referendum on the issue of Sunday alcohol sales is to give every county and municipality in the State the right to determine for itself whether or not to have Sunday alcohol sales. The bill would completely vitiate that right.

The referendum language contained in the bill concerns me in that it allows the specific area affected to be defined in the petition seeking the referendum. The way the language is written, any area east of the intracoastal waterway in an affected county may hold a referendum to approve Sunday alcohol sales.

Additionally, the affected county would be required to pay the expenses for these referenda that will only affect a small portion of the county. This is an unfunded mandate to the counties and the cost will be borne by all taxpayers.

Finally, if this bill becomes law, it will open the door for various other communities around the State to ask the General Assembly to enact similar special legislation in an effort to circumvent the existing general law.

For the reasons listed above, I am vetoing S. 654, R. 242 of 1996.

Sincerely,
David M. Beasley

The veto of the Governor was taken up for immediate consideration.

Senator GREG SMITH moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 44; Nays 1

AYES

Alexander           Boan                Bryan
Cork                Courson             Courtney
Drummond            Elliott             Fair
Ford                Giese               Glover
Gregory             Hayes               Holland
Jackson             Land                Lander
Leatherman          Leventis            Martin
Matthews            McConnell           McGill
Mescher             Moore               O'Dell

Printed Page 931 . . . . . Wednesday, March 6, 1996

Passailaigue        Patterson           Peeler
Rankin              Reese               Richter
Rose                Russell             Saleeby
Setzler             Short               Smith, G.
Smith, J.V.         Thomas              Waldrep
Washington          Wilson

TOTAL--44

NAYS

Ryberg

TOTAL--1

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Doctor of the Day

Senator J. VERNE SMITH introduced Dr. Patricia Westmoreland of Greenville, S.C., Doctor of the Day.

Message from the House

Columbia, S.C., March 6, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4054 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT THE PROVISIONS OF TITLE 42, WORKERS' COMPENSATION, APPLY TO AND INCLUDE ALL PARTICIPANTS IN THE TECH PREP PROGRAM, WHETHER COMPENSATED OR NOT, WHILE THEY ARE ON THE PREMISES OF A PARTICIPATING EMPLOYER, AND BY ADDING SECTION 42-1-55 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION RATE FOR TECH PREP PROGRAM PARTICIPANTS SHALL BE FIFTY PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR OR THE SAME RATE THAT THE EMPLOYER PAYS TO COMPARABLE EMPLOYEES, AND REQUIRE THE WORKERS'

Printed Page 932 . . . . . Wednesday, March 6, 1996

COMPENSATION COMMISSION TO ENFORCE THIS SECTION BY THE PROMULGATION OF APPROPRIATE REGULATIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 6, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4365 -- Reps. Lanford, Walker, Keyserling, Jennings, Cain, Bailey, Law, Simrill, Herdklotz and Seithel: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL TECHNICIAN CERTIFICATES, SO AS TO PROHIBIT DENYING A FIREFIGHTER ENTRY INTO AN EMERGENCY MEDICAL TECHNICIAN COURSE BASED ON WHETHER OR NOT THE FIREFIGHTER'S DEPARTMENT HAS AN AMBULANCE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1225 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND SECTION 12-6-3390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDIT FOR A PERCENTAGE OF EXPENSES PAID TO A NURSING FACILITY OR FOR IN-HOME OR COMMUNITY CARE, SO AS TO ALSO AUTHORIZE THIS CREDIT FOR A PERCENTAGE OF PREMIUMS PAID FOR LONG-TERM CARE INSURANCE.

Read the first time and referred to the Committee on Finance.

Printed Page 933 . . . . . Wednesday, March 6, 1996

S. 1226 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND TITLE 44, CHAPTER 36, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALZHEIMER'S DISEASE, BY ADDING ARTICLE 5 TO ENACT THE "ALZHEIMER'S SPECIAL CARE DISCLOSURE ACT" SO AS TO REQUIRE CERTAIN FACILITIES OFFERING SPECIAL CARE UNITS OR PROGRAMS FOR ALZHEIMER'S PATIENTS TO DISCLOSE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE FORM OF CARE OR TREATMENT PROVIDED THAT DISTINGUISHES IT AS BEING ESPECIALLY SUITABLE FOR THESE PATIENTS.

Read the first time and referred to the Committee on Medical Affairs.

S. 1227 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 74 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR ORGAN TRANSPLANT RECIPIENTS.

Read the first time and referred to the Committee on Transportation.

S. 1228 -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1900 SO AS TO PROVIDE DEFINITIONS RELATING TO CERTAIN DISABLED PERSONS AND CERTAIN SPECIAL MOTOR VEHICLE LICENSE PLATES AND PLACARDS ISSUED TO THEM; TO AMEND SECTION 56-3-1910, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES ISSUED TO DISABLED PERSONS, SO AS TO REVISE THE PROCEDURE FOR ISSUING LICENSE PLATES TO PERSONS AND AGENCIES TRANSPORTING DISABLED PERSONS, TO CREATE A PERMANENT AND A TEMPORARY PARKING EXEMPTION PLACARD AND ESTABLISH FEES AND PROCEDURES FOR THE ISSUANCE OF BOTH PLACARDS AND FOR THE DISTRIBUTION OF THE FEES, AND TO REQUIRE THAT CERTAIN INFORMATION IS PRINTED ON LICENSE PLATES AND PLACARDS ISSUED PURSUANT TO THIS PROVISION.

Read the first time and referred to the Committee on Transportation.

S. 1229 -- Senators Leventis and Richter: A SENATE RESOLUTION COMMENDING DIRECTOR GENERAL STANLEY KAO OF TAIPEI, TAIWAN FOR HIS MANY CONTRIBUTIONS TO CULTURAL

Printed Page 934 . . . . . Wednesday, March 6, 1996

UNDERSTANDING AND COOPERATION BETWEEN AMERICANS AND THE PEOPLE OF TAIWAN.

The Senate Resolution was adopted.

H. 4700 -- Reps. J. Young, McElveen, Canty, G. Brown, Neal, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, H. Brown, J. Brown, T. Brown, Byrd, Cain, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, 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 and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF SERGEANT CHARLES B. KUBALA, SR., THE SUMTER COUNTY DEPUTY SHERIFF WHO WAS KILLED IN THE LINE OF DUTY ON FEBRUARY 26, 1996.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4600 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1996, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO REPEAL SECTIONS 11-11-60, 11-11-130, AND 11-25-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSOLETE PROVISIONS RELATING TO THE FORMER RESPONSIBILITIES OF THE STATE BUDGET AND CONTROL IN THE BUDGET-MAKING PROCESS

Printed Page 935 . . . . . Wednesday, March 6, 1996

AND AGENCY REPORTING REQUIREMENTS; TO REPEAL SECTION 1-11-21 OF THE 1976 CODE, RELATING TO REPORTING DATES FOR THE ANNUAL BUDGET REPORT; TO AMEND SECTION 48-48-140 OF THE 1976 CODE, RELATING TO THE TAX ON LOW-LEVEL RADIOACTIVE WASTE DISPOSAL OF TWO HUNDRED THIRTY-FIVE DOLLARS A CUBIC FOOT AND THE DISTRIBUTION OF THIS REVENUE, AND SECTION 59-143-10, RELATING TO THE SOUTH CAROLINA EDUCATIONAL ASSISTANCE ENDOWMENT FUND (FUND), SO AS TO CHANGE THE NAME OF THIS FUND TO THE "CHILDREN'S EDUCATION ENDOWMENT"; TO AMEND SECTION 12-28-2720 OF THE 1976 CODE, RELATING TO DISTRIBUTION OF THE REVENUES OF THE 10.34 CENTS A GALLON TAX ON GASOLINE, SO AS TO PHASE-IN THE CREDITING OF THE TOTAL AMOUNT OF THE TAX TO THE STATE HIGHWAY FUND; TO AMEND SECTION 12-28-2470(C), AS AMENDED, OF THE 1976 CODE, RELATING TO THE "C" FUNDS PROGRAM, SO AS TO INCREASE FROM TWENTY-FIVE TO FIFTY PERCENT THAT PORTION OF A COUNTY'S ALLOCATION OF "C" FUNDS THAT MUST BE EXPENDED ON HIGHWAY CONSTRUCTION, IMPROVEMENTS, AND MAINTENANCE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-935 SO AS TO PROVIDE A PHASED-IN INCREASE IN THE DEPRECIATION ALLOWANCE FOR MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX AND TO PROVIDE FOR THE REIMBURSEMENT OF LOCAL TAXING ENTITIES FOR REVENUES NOT COLLECTED BECAUSE OF THIS ADDITIONAL DEPRECIATION; AND TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND DEPRECIATION OF MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CONFORM IT TO THE PROVISIONS OF SECTION 12-37-935 AS ADDED BY THIS ACT; TO AMEND SECTION 12-28-2730 OF THE 1976 CODE, RELATING TO THAT PORTION OF GASOLINE TAX CREDITED TO THE SPECIAL WATER RECREATIONAL RESOURCES FUND, SO AS TO PROVIDE FOR THE REIMBURSEMENT OF THE DEPARTMENT OF NATURAL RESOURCES FOR NOXIOUS AQUATIC WEED TREATMENT; TRANSFERRING ADMINISTRATION OF THE BATTERED SPOUSE PROGRAM OF THE DEPARTMENT OF SOCIAL SERVICES AND THE RAPE CRISIS CENTER PROGRAM OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL

Printed Page 936 . . . . . Wednesday, March 6, 1996

CONTROL TO THE STATE OFFICE OF VICTIM'S ASSISTANCE IN THE OFFICE OF THE GOVERNOR; TO REPEAL SECTION 11-9-60 OF THE 1976 CODE, RELATING TO CERTAIN OFFICES FURNISHING THE COMPTROLLER GENERAL WITH REPORTS OF EVIDENCES OF INDEBTEDNESS DUE TO THE STATE; TO REPEAL SECTION 1-11-380 OF THE 1976 CODE, RELATING TO THE STATEWIDE VENDOR CODING SYSTEM AND SECTION 1-11-390, RELATING TO THE COMPTROLLER GENERAL'S ACCUMULATION AND REPORTING OF EXPENDITURE TRANSACTIONS AND HIS DETERMINATION OF THE SUMMARY LEVEL FOR REPORTING UNDER THE FISCAL ACCOUNTABILITY ACT; TO REPEAL SECTION 11-5-40 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF DUPLICATE RECEIPTS TO CERTAIN PERSONS; TO REPEAL SECTION 11-9-100 OF THE 1976 CODE, RELATING TO THE BUDGET AND CONTROL BOARD'S AUTHORITY TO WITHHOLD APPROPRIATIONS FROM AN AGENCY FAILING TO CORRECT CERTAIN DEFICIENCIES OR VIOLATIONS CITED IN INTERNAL OPERATIONS; TO AMEND SECTION 10-1-140 OF THE 1976 CODE, RELATING TO RESPONSIBILITY FOR PERSONAL PROPERTY OF STATE DEPARTMENTS, AGENCIES, AND INSTITUTIONS, SO AS TO PLACE RESPONSIBILITY FOR SUCH PROPERTY IN THE AGENCY HEAD REGARDLESS OF THE NUMBER OF EMPLOYEES; TO AMEND THE 1976 CODE BY ADDING SECTION 8-15-65 SO AS TO REQUIRE ANNUAL APPROPRIATIONS BY THE GENERAL ASSEMBLY FOR SALARY SUPPLEMENTS FOR COUNTY CLERKS OF COURT, PROBATE JUDGES, SHERIFFS, REGISTERS OF MESNE CONVEYANCES, COUNTY AUDITORS, AND COUNTY TREASURERS TO PROVIDE FOR THE MANNER OF PAYMENT OF THESE SUPPLEMENTS, AND TO PROVIDE FOR A REDUCTION IN THE DISTRIBUTION DUE A COUNTY UNDER THE STATE AID TO SUBDIVISIONS ACT WHEN A COUNTY REDUCES THE SALARY OR REDUCES THE OFFICE FUNDING FOR ANY OF THESE OFFICES; TO AMEND SECTION 2-1-180 OF THE 1976 CODE, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN

Printed Page 937 . . . . . Wednesday, March 6, 1996

MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING; EXTENDING THE REPAYMENT SCHEDULE OF SUMS TRANSFERRED TO THE CITY OF CHARLESTON FROM FUNDS SET ASIDE FOR THE PATRIOT'S POINT AUTHORITY; TO AMEND SECTION 59-104-20 OF THE 1976 CODE, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO DELETE THE REQUIREMENT THAT THE INSTITUTION IN WHICH THE STUDENT IS ENROLLED SHALL PROVIDE ONE-HALF OF THE SCHOLARSHIP; TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO REVISE DEFINITIONS, DELETE ISSUANCE APPROVAL REQUIREMENTS BY THE STATE BUDGET AND CONTROL BOARD, EXTEND THE BOND AUTHORITY TO RECONSTRUCTION, RENOVATION, AND EQUIPPING OF ATHLETIC FACILITIES, CONFORM PROVISIONS TO REVISED DEFINITIONS, DELETE THE REQUIREMENT THAT ALL HOME FOOTBALL GAMES BE PLAYED AT THE UNIVERSITY'S STADIUM, TO ALLOW THE ISSUE OF TERM BONDS, AND DELETE SPECIFIC REQUIREMENTS RELATING TO BOND MATURITIES, TO EXTEND THE TAX EXEMPTIONS OF SUCH BONDS AND DELETE AN OBSOLETE REFERENCE, TO DELETE LIMITATIONS AND OBSOLETE PROVISIONS RELATING TO THE SALE OF THESE BONDS, TO MAKE VOLUNTARY THE ESTABLISHMENT OF A BOND RESERVE FUND AND TO ALLOW OTHER PROCEEDS TO BE CREDITED TO THE DEBT SERVICE FUND OR BOND RESERVE FUND, AND TO AUTHORIZE TRUSTEES ADDITIONAL POWERS WITH RESPECT TO THE USE OF PROCEEDS OF THESE BONDS; TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 147 ENACTING THE HIGHER EDUCATION REVENUE BOND ACT AUTHORIZING FOUR-YEAR PUBLIC INSTITUTIONS OF HIGHER EDUCATION TO ISSUE REVENUE BONDS TO FINANCE IMPROVEMENTS AND EQUIPMENT AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED; TO AMEND SECTION 59-1-452, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM, SECTION 59-6-12, AS AMENDED,

Printed Page 938 . . . . . Wednesday, March 6, 1996

RELATING TO THE EDUCATION IMPROVEMENT ACT SELECT COMMITTEE, SECTION 59-6-30, AS AMENDED, RELATING TO THE ANNUAL ASSESSMENT OF THE EDUCATION IMPROVEMENT ACT, SECTION 59-18-15, AS AMENDED, RELATING TO THE REQUIREMENTS OF THE DEFINED MINIMUM PROGRAM AND OTHER PROGRAMS, AND SECTION 59-141-10, AS AMENDED, RELATING TO NATIONAL EDUCATION GOALS, SO AS TO DELETE REFERENCES TO THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION AND ITS BUSINESS-EDUCATION SUBCOMMITTEE; AND TO REPEAL SECTIONS 59-6-15, 59-6-16, 59-6-17, AND 59-6-20, RELATING TO THE BUSINESS-EDUCATION PARTNERSHIP, THE BUSINESS-EDUCATION SUBCOMMITTEE, AND SPECIFIC DUTIES AND POWERS THEREOF; TO ENACT THE "SOUTH CAROLINA CHILDREN'S EDUCATION ENDOWMENT ACT OF 1996" INCLUDING PROVISIONS TO AMEND CHAPTER 143, TITLE 59 OF THE 1976 CODE, RELATING TO THE EDUCATIONAL ASSISTANCE ENDOWMENT FUND, SO AS TO CHANGE THE NAME OF THE FUND TO THE CHILDREN'S EDUCATION ENDOWMENT FUND, DELETE THE AUTHORITY TO ACCUMULATE MONIES IN THE FUND, FURTHER PROVIDE FOR THE MANNER IN WHICH SUCH FUNDS SHALL BE USED, AND TO REQUIRE THAT BEGINNING WITH THE 1996-97 FISCAL YEAR, MONIES IN THE FUND MUST BE DISTRIBUTED QUARTERLY; TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO PROVIDE FOR A PUBLIC SCHOOL FACILITIES ASSISTANCE PROGRAM WHICH ESTABLISHES THE MANNER IN WHICH FUNDS AVAILABLE FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND SHALL BE USED TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES AND FOR OTHER EDUCATIONAL PURPOSES; AND TO AMEND ACT 145 OF 1995, RELATING TO THE 1995-96 GENERAL APPROPRIATIONS ACT, SO AS TO REVISE THE MANNER IN WHICH FUNDS OF THE CHILDREN'S EDUCATION ENDOWMENT FUND ARE DISTRIBUTED FOR FISCAL YEAR 1995-96; TO AMEND SECTION 14-1-200 OF THE 1976 CODE, RELATING TO THE SALARIES OF SUPREME COURT JUSTICES, JUDGES OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT, AND CIRCUIT SOLICITORS, SO AS TO PROVIDE THAT CIRCUIT SOLICITORS SHALL RECEIVE A SALARY NOT LESS THAN THE SALARY OF JUDGES OF THE COURT OF APPEALS AND CIRCUIT COURT JUDGES; TO AMEND

Printed Page 939 . . . . . Wednesday, March 6, 1996

SECTION 16-3-26, AS AMENDED, OF THE 1976 CODE, RELATING TO THE NOTICE THE SOLICITOR MUST GIVE TO A DEFENSE ATTORNEY WHEN HE SEEKS THE DEATH PENALTY, THE APPOINTMENT OF ATTORNEYS, AND THE PROVISION OF INVESTIGATIVE, EXPERT, OR OTHER SERVICES TO INDIGENT PERSONS FACING THE DEATH PENALTY, SO AS TO REVISE THE PROVISIONS RELATING TO THE PAYMENT OF FEES AND EXPENSES ASSOCIATED WITH THE DEFENSE OF CERTAIN INDIGENTS, AND THE QUALIFICATIONS AND APPOINTMENT OF ATTORNEYS HANDLING DEATH PENALTY CASES; TO AMEND SECTION 17-3-30, AS AMENDED, RELATING TO INDIGENTS WHO HAVE BEEN APPOINTED LEGAL COUNSEL, CERTAIN FEES THESE PERSONS ARE REQUIRED TO PAY FOR LEGAL SERVICES, AND FUNDS SET ASIDE FOR THE DEFENSE OF INDIGENT, SO AS TO REVISE THE PROCESS OF COLLECTING FEES FROM INDIGENTS WHO HAVE BEEN APPOINTED LEGAL COUNSEL; TO AMEND SECTION 17-3-330, AS AMENDED, RELATING TO DUTIES OF THE OFFICE OF INDIGENT DEFENSE, SO AS TO PROVIDE FOR THE DISTRIBUTION OF UNEXPENDED FUNDS AND THE QUALIFICATIONS A PERSON SHALL POSSESS TO BE APPOINTED BY THE COURT AND COMPENSATED BY THE DEATH PENALTY TRIAL FUND; TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DIVISION OF SECURITIES OF THE OFFICE OF THE SECRETARY OF STATE ARE DEVOLVED UPON THE ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996, TO PROVIDE THAT THE ATTORNEY GENERAL SHALL ADMINISTER THE SOUTH CAROLINA UNIFORM SECURITIES ACT AND SHALL SERVE EX OFFICIO AS THE SECURITIES COMMISSIONER, TO PROVIDE THAT ALL PERSONNEL, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE DIVISION OF SECURITIES ALSO SHALL BE TRANSFERRED TO THE ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-220 SO AS TO ALLOW THE ATTORNEY GENERAL TO RETAIN A PORTION OF FEES AND PROCEEDS IN SETTLEMENT OF VIOLATIONS TO OFFSET COSTS OF ADMINISTERING THE UNIFORM SECURITIES ACT; AND TO AMEND SECTIONS 35-1-20 AND 35-1-30 OF THE 1976 CODE, RELATING TO THE UNIFORM SECURITIES ACT, SO AS TO REFLECT THE ATTORNEY GENERAL AS BEING THE SECURITIES COMMISSIONER WHO SHALL ADMINISTER THE ACT; TO PROVIDE THAT THE DUTIES, FUNCTIONS, AND

Printed Page 940 . . . . . Wednesday, March 6, 1996

RESPONSIBILITIES OF THE DIVISION OF PUBLIC CHARITIES OF THE OFFICE OF THE SECRETARY OF STATE ARE DEVOLVED UPON THE ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996; TO TRANSFER ALL PERSONNEL, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE DIVISION OF PUBLIC CHARITIES TO THE ATTORNEY GENERAL'S OFFICE ON JULY 1, 1996; TO PROVIDE THAT THE ATTORNEY GENERAL SHALL ADMINISTER THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT"; AND TO AMEND SECTIONS 33-56-20, 33-56-30, 33-56-40, 33-56-50, 33-56-60, 33-56-70, 33-56-80, 33-56-90, 33-56-100, 33-56-110, 33-56-120, 33-56-130, 33-56-140, 33-56-150, 33-56-160, AND 33-56-190 OF THE 1976 CODE, ALL RELATING TO THE SOLICITATION OF CHARITABLE FUNDS, SO AS TO DELETE REFERENCES TO THE SECRETARY OF STATE AND REFLECT THE ATTORNEY GENERAL AND HIS OFFICE AS THE OFFICIAL AND THE AGENCY TO ADMINISTER THE PROVISIONS OF THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT" AND TO ALLOW THE ATTORNEY GENERAL TO RETAIN A PORTION OF ADMINISTRATIVE FINES TO OFFSET THE EXPENSES OF ENFORCEMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-60 SO AS TO PROVIDE THAT REVENUES COLLECTED BY THE DEPARTMENT OF PUBLIC SAFETY MUST BE CREDITED TO A SEPARATE FUND IN THE STATE TREASURY FOR THE USE OF THE DEPARTMENT, TO PROVIDE FOR TRANSITION FUNDING, TO PROVIDE AN UNLIMITED CARRY FORWARD, AND TO ESTABLISH THE DEPARTMENT'S FUNDING AS AN ANNUAL BASE APPROPRIATION BY THE GENERAL ASSEMBLY; TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-35 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY CHARGE AND COLLECT FEES IN ACCORDANCE WITH SECTION 30-4-30 OF THE FREEDOM OF INFORMATION ACT FOR PROVIDING COPIES OF CERTAIN RECORDS MAINTAINED BY THE DEPARTMENT AND TO PROVIDE FOR THE USE OF REVENUES GENERATED BY THIS PROVISION; TO AMEND SECTION 30-4-40, AS AMENDED, OF THE 1976 CODE, RELATING TO MATTERS THAT ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY SELL CERTAIN INFORMATION TO CORPORATIONS WHICH ARE LICENSED TO DO BUSINESS IN THIS STATE; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-60,

Printed Page 941 . . . . . Wednesday, March 6, 1996

AND 59-73-35 SO AS TO IMPOSE LIMITS ON CERTAIN PROPERTY TAX MILLAGE AND FEE INCREASES IMPOSED BY COUNTIES AND MUNICIPALITIES, AND ON THE USE OF NEW REVENUE SOURCES FOR OPERATING PURPOSES AND TO PROVIDE EXCEPTIONS, TO IMPOSE LIMITS ON CERTAIN PROPERTY TAX MILLAGE INCREASES IMPOSED BY SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS AND ON THE USE OF NEW REVENUE SOURCES FOR OPERATING PURPOSES AND TO PROVIDE EXCEPTIONS; AND TO IMPOSE LIMITS ON CERTAIN PROPERTY TAX MILLAGE INCREASES IMPOSED BY THE GOVERNING BODIES AUTHORIZED BY LAW TO LEVY SCHOOL TAXES AND ON THE USE OF NEW REVENUE SOURCES FOR OPERATING PURPOSES AND TO PROVIDE EXCEPTIONS; TO MAKE THE PAYMENT OF REIMBURSEMENTS FOR HOMESTEAD EXEMPTIONS CONDITIONAL ON THESE ENTITIES CERTIFYING IN WRITING TO THE COMPTROLLER GENERAL THAT THEY HAVE MET THESE REQUIREMENTS; AND TO AMEND SECTION 11-11-440, RELATING TO THE PROHIBITION ON GENERAL TAX INCREASES OR NEW GENERAL TAXES AS PERMANENT PROVISIONS IN APPROPRIATIONS BILLS, SO AS TO REQUIRE THE SEPARATE LEGISLATION REQUIRED FOR THESE PURPOSES TO PASS EACH HOUSE OF THE GENERAL ASSEMBLY BY AT LEAST A MAJORITY OF TWO-THIRDS OF THE MEMBERS; TO AMEND SECTION 11-11-330 OF THE 1976 CODE, RELATING TO THE STATE PROPERTY TAX RELIEF FUND, SO AS TO PROVIDE FOR A SPECIFIC REIMBURSEMENT TO SCHOOL DISTRICTS FOR REVENUES LOST TO THE HOMESTEAD EXEMPTION; AND TO AMEND SECTION 12-37-251, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION FROM SCHOOL OPERATING TAXES, SO AS TO PROVIDE FOR AN EXEMPTION AMOUNT OF ONE HUNDRED THOUSAND DOLLARS OF FAIR MARKET VALUE AND USING A BASE YEAR MILLAGE RATE EQUAL TO THE SCHOOL OPERATING MILLAGE FOR THE 1996-97 SCHOOL YEAR.

Read the first time and referred to the Committee on Finance.

Printed Page 920, Mar. 5 | Printed Page 941, Mar. 6

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