H 4854 Session 111 (1995-1996)
H 4854 General Bill, By Townsend, Allison, Cooper, Harrell, Littlejohn,
Phillips, Sandifer, Stille and Walker
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
59-1-315 so as to establish the South Carolina Education Maintenance Fund into
which certain sales and use, alcoholic liquor, beer and wine, soft drinks, and
low-level radioactive waste tax revenues must be deposited and from which the
General Assembly shall annually authorize expenditures solely for Education
Finance Act and K-12 purposes; and to amend Section 12-21-2040, relating to
soft drinks license tax revenues, Sections 12-33-30 and 12-33-50, both as
amended, relating to alcoholic beverage taxes, Section 48-48-140, as amended,
relating in part to low-level radioactive waste taxes, Section 59-21-1010, as
amended, relating to certain sales and use taxes, and Section 61-13-520,
relating to revenues from alcoholic beverage violations, so as to provide that
these taxes or revenues or a specified portion thereof must be deposited to
the credit of the South Carolina Education Maintenance Fund.
03/28/96 House Introduced and read first time HJ-29
03/28/96 House Referred to Committee on Ways and Means HJ-29
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 59-1-315 SO AS TO ESTABLISH
THE SOUTH CAROLINA EDUCATION MAINTENANCE FUND
INTO WHICH CERTAIN SALES AND USE, ALCOHOLIC
LIQUOR, BEER AND WINE, SOFT DRINKS, AND
LOW-LEVEL RADIOACTIVE WASTE TAX REVENUES MUST
BE DEPOSITED AND FROM WHICH THE GENERAL
ASSEMBLY SHALL ANNUALLY AUTHORIZE
EXPENDITURES SOLELY FOR EDUCATION FINANCE ACT
AND K-12 PURPOSES; AND TO AMEND SECTION 12-21-2040,
RELATING TO SOFT DRINKS LICENSE TAX REVENUES,
SECTIONS 12-33-30 AND 12-33-50, BOTH AS AMENDED,
RELATING TO ALCOHOLIC BEVERAGE TAXES, SECTION
48-48-140, AS AMENDED, RELATING IN PART TO
LOW-LEVEL RADIOACTIVE WASTE TAXES, SECTION
59-21-1010, AS AMENDED, RELATING TO CERTAIN SALES
AND USE TAXES, AND SECTION 61-13-520, RELATING TO
REVENUES FROM ALCOHOLIC BEVERAGE VIOLATIONS,
SO AS TO PROVIDE THAT THESE TAXES OR REVENUES
OR A SPECIFIED PORTION THEREOF MUST BE DEPOSITED
TO THE CREDIT OF THE SOUTH CAROLINA EDUCATION
MAINTENANCE FUND.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 59-1-315. There is established the `South
Carolina Education Maintenance Fund'. The State Treasurer shall
deposit revenues received pursuant to Sections 12-21-2040,
12-33-30, 12-33-50, 48-48-140(C), 59-21-1010(A) and 61-13-520
in the fund in the manner stipulated in this section. All interest or
income earned by the fund must be retained in it and used for its
stated purposes. The General Assembly in the annual general
appropriations act shall annually authorize expenditures from the
fund solely for Education Finance Act and K-12 purposes."
SECTION 2. Section 12-21-2040 of the 1976 Code is amended
to read:
"Section 12-21-2040. All tax revenue realized from the
provisions of Section 12-21-2030, shall be earmarked for
elementary and secondary public education soft drinks
license tax must be credited to the South Carolina Education
Maintenance Fund."
SECTION 3. Section 12-33-30 of the 1976 Code, as last
amended by Section 22H, Part II, Act 171 of 1991, is further
amended to read:
"Section 12-33-30. The taxes levied by this chapter must
be paid to and collected by the commission
department and, when collected, must be deposited to the
credit of the general fund of the State, except that sixty
percent of which must be credited for public school use
to the South Carolina Education Maintenance Fund."
SECTION 4. Section 12-33-50 of the 1976 Code, as last
amended by Section 22I, Part II, Act 171 of 1991, is further
amended to read:
"Section 12-33-50. A sum derived from the violation of
the condition of a bond or deposit required in this chapter must be
paid to the commission department for deposit to
the credit of the general fund of the State, except that
sixty-five percent of which must be credited to the special
school account to the South Carolina Education
Maintenance Fund."
SECTION 5. Section 48-48-140(C) of the 1976 Code, as last
amended by Section 79C, Part II, Act 145 of 1995, is further
amended to read:
"(C) An amount equal to six dollars a cubic foot of each
cubic foot of waste disposed of in this State must be allocated to
the Education Finance Act until such time as the program is
fully funded South Carolina Education Maintenance
Fund. All remaining revenues collected pursuant to this section
must be allocated as follows: ninety-five percent of the revenues
collected pursuant to this section must be credited to the South
Carolina Educational Assistance Children's
Education Endowment Fund, a fund separate and distinct from
the general fund of the State, in the manner provided by law, and
the remaining revenues must be remitted by the State Treasurer to
the governing body of Barnwell County for distribution to each of
the parties to and beneficiaries of the order of the United States
District Court in C.A. No. 1:90-2912-6 on the same schedule of
allocation as is established within that order for the distribution of
`payments in lieu of taxes' paid by the United States Department of
Energy."
SECTION 6. Section 59-21-1010(A) of the 1976 Code, as last
amended by Section 74C, Act 612 of 1990, is further amended to
read:
"(A) The revenue derived from Sections 12-36-2620(1)
and 12-36-2630(1) must be remitted to the State Treasurer to be
credited to the state public school building fund for the purposes
provided for in Article 3 of Chapter 21 of Title 59 and any sum
above that amount must be placed to the credit of the general fund
of the State and must be used for school purposes only
South Carolina Education Maintenance Fund."
SECTION 7. Section 61-13-520 of the 1976 Code is amended
to read:
"Section 61-13-520. All penalties provided for in Sections
61-13-500 and 61-13-510 shall must be paid into
the State Treasury for credit to the general fund of the State for
public school use credited to the South Carolina Education
Maintenance Fund."
SECTION 8. This act takes effect upon approval by the
Governor.
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