PART II
Permanent Provisions
SECTION 1
The Code Commissioner is directed to include all permanent general laws in this Part in the next edition of the Code of Laws of South Carolina, 1976, and all supplements to the Code.
SECTION 2
TO AMEND SECTION 44-2-20, AS AMENDED, OF THE 1976 CODE, 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; AND 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.
A. Section 44-2-20 of the 1976 Code, as last amended by Part II, Section 80C, Act 497 of 1994, is further amended by alphabetically adding appropriately numbered items to read:
"( ) `Bodily injury' means actual medically documented costs and
medically documentable future costs of adverse health effects that
have resulted from exposure to a release of petroleum or petroleum
products from an underground storage tank. Bodily injury does not
mean pain and suffering.
( ) `Occurrence' means an accident, including continuous or
repeated exposure to conditions which results in a release from an
underground storage tank.
( ) `Property damage' means a documented adverse physical impact
to structures or property as a result of a release of petroleum or
petroleum products from an underground storage tank. The total
damage is limited to the difference between the original fair
market value of the property or structure and the residual value or
the depreciated replacement cost of the property or structure,
whichever is less. The documented presence of petroleum or
petroleum products at levels not posing an unacceptable risk to
human health or environment shall not be grounds for a claim or
suit.
( ) `Punitive damages' means damages awarded by a court to an
injured party to punish the defendant for a serious wrong. This
award only is in addition to actual damages awarded for bodily
injury or property damage.
( ) `Third party claim' means a civil action brought or asserted
by an injured party against an owner or operator of an underground
storage tank for bodily injury or property damages resulting from
a release of petroleum or petroleum products from an underground
storage tank. The underground storage tank owner or operator, the
owner of the property where the underground storage tank is
located, a person to whom properties are transferred in
anticipation of damage due to a release, employees or agents of an
owner or operator, or employees or agents of the property owner
must not be considered a third party."
B. Section 44-2-40 of the 1976 Code, as last amended by Part II, Section 80D, Act 497 of 1994, is further amended to read:
"Section 44-2-40. (A) There is created within the state treasury
two separate and distinct accounts which are to be administered by
the Department of Health and Environmental Control. The `Superb
Account' and the `Superb Financial Responsibility Fund' are created
to assist owners and operators of underground storage tanks
containing petroleum and petroleum products to the extent provided
for in this chapter but not to relieve the owner or operator of any
liability that cannot be satisfied by the provisions of this
chapter.
The Superb Account must be used for payment of usual, customary,
and reasonable costs for site rehabilitation of releases from
underground storage tanks containing petroleum or petroleum
products.
The Superb Financial Responsibility Fund must be used for
compensating third parties for actual costs for bodily injury and
property damage caused by accidental releases from underground
storage tanks containing petroleum or petroleum products. The
Superb Financial Responsibility Fund must not be used for
reimbursing claims for punitive damages.
Except for releases reported before July 1, 1994, sites where the
underground storage tank, at the time of discovery and reporting of
the release to the department, is not in substantial compliance
with regulations promulgated pursuant to Section 44-2-50(A), are
not eligible for compensation from the Superb Account, and no third
party claims resulting from that release may be paid from the
Superb Financial Responsibility Fund.
(B) The Superb Account is established to ensure the availability
of funds for the rehabilitation of releases at sites contaminated
with petroleum or petroleum products released from an underground
storage tank and for administration of the underground storage tank
regulatory program established in this chapter. The department
shall use the fund to pay the usual, customary, and reasonable
costs of site rehabilitation up to a maximum of one million dollars
per occurrence as a result of a release from an underground storage
tank containing petroleum or petroleum products for releases that
were reported to the department before July 1, 1993, and in excess
of twenty-five thousand dollars and up to a maximum of one million
dollars per occurrence for site rehabilitation for releases
reported to the department on or after July 1, 1993. The
department shall use the fund to pay these costs of site
rehabilitation by owners or operators who qualify for compensation.
The department may use the fund to clean up a release at a site
where the underground storage tank owner or operator does not
qualify for compensation or a site which does qualify but the owner
or operator is unwilling or unable to undertake site
rehabilitation, and the department shall diligently pursue the
recovery of any sum so incurred from the owner or operator
responsible or from the United States government under any
applicable federal law, unless the department finds the amount
involved too small or the likelihood of success too uncertain. The
fund must be further used for the payment of costs incurred by the
department in providing field and laboratory services and other
assistance by the department in the investigation of alleged
contamination. This fund must not be used for the cleanup of any
other pollutant. Funds in the Superb Account also may not be used
to pay any liability claims against the owners or operators of
underground storage tanks. The Superb Account must be credited
with all fees, charges, commitments, and judgments allowable under
this chapter. Charges against the Superb Account only may be made
in accordance with the provisions of this chapter. Beginning
November 1, 1994, the department shall transfer on a monthly basis
one hundred thousand dollars of the funds generated by the
environmental impact fee from the Superb Account to the Superb
Financial Responsibility Fund until the balance of the Superb
Financial Responsibility Fund reaches two million dollars.
Subsequently, monthly transfers of one hundred thousand dollars
from the Superb Account to the Superb Financial Responsibility Fund
shall only occur when the balance of the Superb Financial
Responsibility Fund becomes less than one million dollars, and the
monthly transfers shall continue until the balance of the Superb
Financial Responsibility Fund reaches two million dollars.
Committed funds for site rehabilitation activity revert to
uncommitted status after four months of initiation of commitment if
no invoices for that commitment have been received by the
department.
(C) The Superb Financial Responsibility Fund must be used to
reimburse owners or operators who compensate third parties only for
bodily injury and property damages caused by releases from
underground storage tanks containing petroleum or petroleum
products, exclusive of any legal costs of the parties. The
department shall make payment to owners or operators who have paid
judgments, settlements, alternative dispute resolution outcomes, or
consent orders for damages for bodily injury or property damage
that are approved by a court of competent jurisdiction within the
State of South Carolina. To seek payment from the Superb Financial
Responsibility Fund, the owner or operator must notify the
department in writing by registered mail within sixty days of
receipt of the third party claim or suit and must defend in good
faith against the claim or suit. At its discretion, the department
may intervene in the claim or suit to protect the Superb Financial
Responsibility Fund. Intervention includes, but is not limited to,
defending the claim, approving the claim, or participating in the
settlement of the claim.
The costs of claim or suit intervention by the department must be
recoverable from the Superb Financial Responsibility Fund.
The Superb Financial Responsibility Fund is not liable for any
claims where no owner or operator exists.
The amount of money in the Superb Financial Responsibility Fund,
the method of collection, or information regarding the
administration of the fund is not admissible as evidence in a trial
for damages potentially payable by the Superb Financial
Responsibility Fund.
(D) The Superb Account and the Superb Financial Responsibility
Fund shall provide combined coverage for site rehabilitation and
third party claims, respectively, not to exceed one million dollars
per occurrence. The estimated cost of site rehabilitation must be
reserved from the combined coverage before reimbursing owners or
operators for third party claims.
The underground storage tank owner or operator must be responsible
for the first twenty-five thousand dollars for releases of
petroleum and petroleum products from underground storage tanks
reported to the department subsequent to July 1, 1993.
Nothing in this chapter establishes or creates any liability or
responsibility on the part of the department or the State to pay
any costs for site rehabilitation or third party claims from any
source other than the Superb Account and the Superb Financial
Responsibility Fund created by this chapter, and the department and
the State have no liability or responsibility to make payments for
cleanup costs or third party claims if the funds are insufficient.
If the funds are insufficient to make the payments at the time the
claim is filed, these claims must be paid in the order of filing at
such time as monies accrue in each account, respectively.
The one hundred dollar underground storage tank registration and
annual renewal fee may be used by the department for the
administration of the underground storage tank program established
by this chapter and its activities as trustees of the Superb
Account and the Superb Financial Responsibility Fund, exclusive of
legal costs outlined in subsection (C)."
C. Section 44-2-70 of the 1976 Code, as last amended by Part II, Section 43D, Act 501 of 1992, is further amended to read:
"Section 44-2-70. (A) At the time the federal government mandates
financial responsibility for underground storage tank owners or
operators, the owner or operator of an underground storage tank
containing petroleum or petroleum products shall maintain financial
responsibility in the lesser amount of that required by the federal
government or in the amount of twenty-five thousand dollars for
site rehabilitation and for compensating third parties for property
damage and bodily injury arising from the operation of petroleum
underground storage tanks per occurrence with an annual aggregate
of twenty-five thousand dollars. Financial responsibility
requirements may be maintained through insurance, guarantee, surety
bond, letter of credit, self-insurance, risk retention group, or
any other method satisfactory to the department. No insurance
policy, guarantee, surety bond, or any other financial
responsibility mechanism which is executed to provide this or
additional amounts of coverage shall contain any terms,
endorsements, conditions, provisions, or other language that
requires expenditures of funds from the Superb Account or the
Superb Financial Responsibility Fund prior to or in lieu of payment
by the mechanism, and no such financial responsibility mechanism
which has previously been executed shall operate so as to require
the expenditure of funds from the Superb Account or Superb
Financial Responsibility Fund until funds provided by the financial
responsibility mechanisms have been exhausted. The owner or
operator shall demonstrate evidence of financial responsibility to
the department.
(B) The department shall promulgate regulations specifying
requirements for maintaining evidence of financial responsibility,
consistent with the provisions of this chapter, for taking
corrective action and compensating third parties for bodily injury
and property damage caused by accidental releases arising from
operating an underground storage tank. The funds established in
Section 44-2-40, for the purposes of these regulations, are
acceptable mechanisms for maintaining this financial responsibility
by owners and operators of underground storage tanks above
twenty-five thousand dollars. (C) The funds established in
Section 44-2-40, combined with the financial responsibility
required by this section, may be used by owners and operators of
underground storage tanks to demonstrate their compliance with any
financial responsibility requirements promulgated under federal
regulation."
D. Section 44-2-75(C)(3) of the 1976 Code, as last amended by Part II, Sections 1034 and 1035, Act 181 of 1993, is further amended to read:
"(3) is insolvent or is in such condition that its further transaction of business in this State is hazardous to its members and creditors in this State, and to the public;"
E. Section 44-2-110 of the 1976 Code, as last amended by Part II, Section 80G, Act 497 of 1994, is further amended to read:
"Section 44-2-110. All releases from underground storage tanks
reported to the department any time from midnight on December 31,
1987, to midnight on June 30, 1993, regardless of whether the
release occurred before or after January 1, 1988, are qualified for
expenditure of funds from the Superb Account, provided that a
written report is filed with respect to it. All usual, customary,
and reasonable site rehabilitation costs are eligible and any funds
expended must be absorbed at the expense of the Superb Account, as
available, without recourse to reimbursement or recovery, subject
to the following exceptions:
(1) The provisions of this section do not apply to a release at
a site where the department has initiated an administrative or
civil enforcement action before December 31, 1987.
(2) The provisions of this section do not apply to a release at
a site where the department has been denied site access to
implement the provisions of this chapter.
(3) The provisions of this section must not be construed to
authorize or require compensation from the Superb Account for any
costs expended at a release at a site which was either reported to
the department or where rehabilitation commenced before December
31, 1987.
(4) The provisions of this section must not be construed to
authorize or require compensation from the Superb Account for costs
incurred at a release at a site reported to the department between
January 1, 1990, and July 1, 1991, unless the costs are in excess
of the minimum financial responsibility required of the owner under
the applicable provision of Section 44-2-70(A) which was in effect
at the time the release was reported.
For all releases reported during the time period established in
this section, all site rehabilitation costs must be submitted to
the department on or before September 30, 1994, to be considered
for payment. After September 30, 1994, no costs will be allowed
unless prior approval is obtained from the department. Requests
for cost approval must be in accordance with regulations
promulgated pursuant to this chapter and criteria established by
the department as authorized by this chapter."
F. Section 44-2-115 of the 1976 Code, as last amended by Part II, Section 80A, Act 497 of 1994, is further amended to read:
"Section 44-2-115. The department shall apply the eligibility requirements set forth in this chapter in a manner favoring eligibility. Once the department determines that a release at a site qualifies for compensation from the Superb Account, coverage for that release shall continue to be provided, notwithstanding the issuance of a no action letter, until corrective action is undertaken and the owner or operator is compensated by the Superb Account. If the department denies an owner's or operator's request for compensation from the Superb Account, the owner or operator may file a petition with an Administrative Law Judge for the matter to be heard as a contested case under the Administrative Procedures Act. Concurrently with the filing of a petition with the Administrative Law Judge, the owner or operator may request reconsideration of the department's denial by a mediation panel appointed by the director of the department. The mediation panel shall meet with the owner or operator and thereafter make a recommendation for settlement to the director or the director's designee. The mediation process must be completed within four weeks from denial of compensation. If a satisfactory settlement is not reached, the owner or operator may then proceed with the hearing before the Administrative Law Judge."
G. Section 44-2-130(A) of the 1976 Code, as last amended by Part II, Section 80H, Act 497 of 1994, is further amended to read:
"(A) For releases reported subsequent to June 30, 1993, and so long as funds are available in the Superb Account and except as otherwise provided in Sections 44-2-40 and 44-2-110, an owner or operator or his agent is eligible for compensation for usual, customary, and reasonable costs incurred for site rehabilitation in excess of twenty-five thousand dollars or in excess of the amount recoverable from the financial responsibility mechanism provided for this purpose, whichever is less. If a liability insurance policy or any other financial responsibility mechanism which provides financial responsibility coverage for sudden or nonsudden release of petroleum or petroleum products from an underground storage tank has been executed for a site at which compensation from the Superb Account is sought, no funds may be expended from the Superb Account until the funds provided by the financial responsibility mechanism have been exhausted."
H. Section 44-2-130(E)(1) of the 1976 Code, as last amended by Part II, Section 80H, Act 497 of 1994, is further amended to read:
"(1) An owner or operator of an underground storage tank or his agent seeking to qualify for compensation from the Superb Account for site rehabilitation shall submit a written application to the department. The written application must be on a form specified by the department and include certification that site rehabilitation is necessary, the tanks at the site have been registered in compliance with applicable law and regulations, and all registration fees have been paid. The department shall accept certification that the release at the site is in need of rehabilitation if the certification is provided jointly by the owner or operator and a South Carolina registered professional geologist or engineer, and if the certification is supported with geotechnical data which reasonably justifies the claim. Upon final determination the department shall provide written notice to the applicant of its findings including detailed reasons for any denial. Any denial of an application must be appealable to the Board of Health and Environmental Control. The department is exempt from this time frame for applications which are received within three months of the close of the grace period allowed in Section 44-2-110."
I. Section 44-2-130(G) of the 1976 Code, as last amended by Part II, Section 80H, Act 497 of 1994, is further amended to read:
"(G) The provisions of this section do not apply to rehabilitation of a release at a site owned or operated by the federal government."
J. Section 44-2-50(B) of the 1976 Code, as last amended by Part II, Section 80E of Act 497 of 1994, is further amended to read:
"(B) The department shall keep an accurate record of costs and
expenses incurred under the provisions of this chapter for the
rehabilitation of sites contaminated with petroleum or petroleum
products released from underground storage tanks and to make this
record public on a quarterly basis, and, except as otherwise
provided in Section 44-2-110, the department thereafter shall
diligently pursue the recovery of any sum so incurred from the
person responsible or from the United States government under any
applicable federal law, unless the department finds the amount
involved too small or the likelihood of success too uncertain. The
department shall provide the forms necessary for an application for
compensation of site rehabilitation costs to the Superb Account and
for compensation of rehabilitation costs from the Superb Account.
By March 10, 1996, the department shall submit to the General
Assembly regulations addressing the following:
(1) General procedures that response action contractors must
follow during site rehabilitation.
(2) General requirements that identify allowable costs for site
rehabilitation activities, procedures for payment, provisions for
auditing of claims paid, provisions for recovery of costs for
ineligible or inappropriate activities, and procedures for
addressing related disputes.
(3) Prioritizing expenditures from the Superb fund for site
rehabilitation activities. This system for prioritizing releases
must be based on available technical information and shall consider
the potential risk to human health and the environment. Releases
at sites that present an imminent threat to human health and the
environment shall receive first priority for receiving Superb funds
to eliminate the imminent threat. All other releases at sites must
be prioritized based on the available technical information so that
the appropriate level of assessment is performed at the site. The
assessment should adequately define the extent and severity of
contamination at each site so that a determination of appropriate
actions can be made. A proper assessment includes, but is not
limited to, the following:
(a) site specific geology;
(b) distance to drinking water sources or Wellhead Protection
Areas;
(c) concentrations in soil and ground water;
(d) depth to ground water; and
(e) potential for an emergency situation, including fire or
explosion hazard.
(4) Develop a system to determine the appropriate actions for
releases at sites based on the results of the assessment. This
system also shall determine standards in the soil and ground water.
The standards must be based on the potential risk to human health
and the environment and take into account the current and
reasonably potential use of the ground water as drinking water.
The standards shall provide that no additional site rehabilitation
is required if site-specific concentrations in soil and ground
water are below applicable standards.
(5) Procedures for determining site-specific corrective actions.
If contaminant concentrations are above the standards set forth
pursuant to item (4), a site-specific evaluation must be conducted
utilizing site-specific risk assessment. The procedures to
determine acceptable levels of risk must include, but not be
limited to, the following: (a) identification and elimination
of sources of soil and ground water contamination;
(b) identification of transport mechanisms and exposure
pathways;
(c) evaluation of exposure scenarios and potential
receptors;
(d) consideration of land use and surrounding land use;
(e) evaluation of other appropriate scientific data;
(f) use of appropriate statistical procedures and modeling
protocols;
(g) evaluation of the use of institutional and engineering
controls; and
(h) consideration of technological limitations.
The regulations shall further provide that determination of
completion of site rehabilitation must be based on achievement of
corrective action standards.
(6) Procedures for coordinating all permits necessary to
implement a corrective action plan.
(7) An appeals process for those owners or operators who are
denied access to the Superb fund because they were found not to be
in substantial compliance under Section 44-2-40(A)."
K. Section 44-2-60(A) of the 1976 Code, as last amended by Part II, Section 43C of Act 501 of 1992, is further amended to read:
"(A) The owner or operator of an underground storage tank which stores or is intended to store petroleum or petroleum products shall register the tank with the department. The owner or operator of the tank shall display a registration certificate listing all registered tanks at a facility and in plain view in the office or the kiosk of the facility where the tanks are registered. Upon application for a registration certificate, the owner or operator shall pay to the department an initial registration fee of one hundred dollars a tank and an annual renewal fee of one hundred dollars a tank a year. No person may place petroleum or petroleum products and no owner or operator may cause petroleum or petroleum products to be placed into an underground storage tank for which the owner or operator does not hold a currently valid registration. The funds generated by the registration fee may be used by the department for administration of the provisions of this chapter and for administration of the underground storage tank regulatory program established by this chapter. The amount used for administration may not exceed three million dollars a year."
L. Section 44-2-120 of the 1976 Code, as last amended by Part II,
Section 43G of Act 501 of 1992, is further amended to read:
"Section 44-2-120. (A) The department shall promulgate regulations
relating to the evaluation and approval of site rehabilitation
contractors to perform work pursuant to this chapter. In doing so,
the department, where appropriate, may utilize or incorporate
national or state licensing or certification programs that may
assist in this endeavor. The department in these regulations may
distinguish between different types of site rehabilitation
contractors. The regulations promulgated pursuant to this section
shall include the following requirements for site rehabilitation
contractors:
(1) requirements for minimum knowledge and experience relating
to the performance of site rehabilitation activities;
(2) requirements for types and minimum amounts of liability
insurance to be maintained by approved contractors;
(3) requirements for public notice of requests for approval
applications, evaluation of applications, and subsequent
publication of a list of approved contractors;
(4) requirements for actions to be taken in the event that an
approved contractor fails to maintain the approval;
(5) requirements for use of an owner or operator's personnel or
equipment in performing site rehabilitation activities.
(B) The approval of a site rehabilitation contractor pursuant to
this section in no way shall establish liability or responsibility
on the part of the department or the State of South Carolina in
regards to the services provided by the contractor or circumstances
which may occur as a result of such services.
(C) Nothing in this chapter may be construed to prohibit an owner
or operator of an underground storage tank from conducting site
rehabilitation or cleanup through contractors, subcontractors, or
qualified personnel employed by them. However, the department may
prohibit from participating in site rehabilitation under this
chapter any contractor or subcontractor or person who:
(1) is not a South Carolina registered professional geologist
or engineer, or is not bonded or insured for the full costs of site
rehabilitation;
(2) has had administrative or civil enforcement action under the
provisions of this chapter taken against him within the last three
years;
(3) has demonstrated repeated noncompliance with requirements
for compensation established by the department under Section
44-2-50(B);
(4) has demonstrated repeated inability to perform site
rehabilitation in accordance with accepted industry standards;
(5) has failed to maintain the requirements necessary for
approval as a site rehabilitation contractor under this
section."
M. This section takes effect July 1, 1995.
SECTION 3
TO AMEND SECTION 8-11-165, AS AMENDED, OF THE 1976 CODE, 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.
Section 8-11-165 of the 1976 Code, as added by Act 189 of 1989, is amended to read:
"Section 8-11-165. It is the intent of the General Assembly that
a salary and fringe benefit survey for agency heads must be
conducted by the Office of Human Resources of the Budget and
Control Board every three years. The staff of the office shall
serve as the support staff to the Agency Head Salary
Commission.
No employee of agencies reviewed by the Agency Head Salary
Commission may receive a salary in excess of ninety-five percent of
the midpoint of the agency head salary range or the agency head
actual salary, whichever is greater, except on approval of the
Budget and Control Board.
No president of a Technical College may receive a salary in excess
of ninety-five percent of the midpoint of the agency head salary
range or the agency head actual salary, whichever is greater,
except on approval of the Agency Head Salary Commission and the
Budget and Control Board.
The Agency Head Salary Commission may recommend to the Budget and
Control Board that agency head salaries be adjusted to the minimum
of their salary ranges and may recommend to the Board that agency
head salaries be adjusted when necessary up to the midpoints of
their respective salary ranges. These increases must be based on
criteria developed and approved by the Agency Head Salary
Commission.
All new members appointed to a governing board of an agency where
the performance of the agency head is reviewed and ranked by the
Agency Head Salary Commission shall attend the training in agency
head performance appraisal provided by the Commission within the
first year of their appointment unless specifically excused by the
chairman of the Agency Head Salary Commission."
SECTION 4
TO AMEND SECTION 23-6-40, AS AMENDED, OF THE 1976 CODE, 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.
Section 23-6-40(C) of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"(C) The deputy director for each division shall serve at the pleasure of the director and the director shall recommend the salary for each deputy director as allowed by statute or applicable law."
SECTION 5
TO AMEND SECTION 57-1-450, AS AMENDED, OF THE 1976 CODE, RELATING TO THE MANAGEMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT DIRECTOR SHALL RECOMMEND THE SALARIES OF DEPUTY DIRECTORS.
Section 57-1-450 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 57-1-450. The director shall appoint a deputy director for each division of the department who shall serve at the pleasure of the director and shall recommend the salary for each deputy director as allowed by statute or applicable law."
SECTION 6
TO AMEND THE 1976 CODE 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. The 1976 Code is amended by adding:
"Section 1-11-335. The respective divisions of the Budget and Control Board are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services, as will in its opinion promote efficient and economical operations. The divisions may charge and pay the entities for the goods and services, the revenue from which shall be deposited in the state treasury in a special account and expended only for the costs of providing the goods and services, and such funds may be retained and expended for the same purposes."
SECTION 7
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 11-9-95. With respect to debts owed to the Budget and Control Board on June thirtieth of any fiscal year, including outstanding obligations for rent and upfitting, telecommunications services, data processing, installment purchase program payments, insurance premiums, and printing, the board is authorized and directed, after discussion in an open meeting, to transfer any funds remaining in the agency's accounts to pay these obligations prior to the closing of the books for that fiscal year and prior to carrying any funds forward to the subsequent fiscal year. The provisions of this section shall not apply to the General Assembly."
SECTION 8
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 48-52-435. 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."
SECTION 9
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 11-9-115. 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."
SECTION 10
TO AMEND THE 1976 CODE BY ADDING SECTION 10-1-200 SO AS TO PROVIDE FOR THE REGULATION OF PARKING FACILITIES OWNED OR CONTROLLED BY AGENCIES OF STATE GOVERNMENT.
The 1976 Code is amended by adding:
"Section 10-1-200. Parking facilities owned or controlled by
agencies of the state government must be regulated as follows:
(1) The State Budget and Control Board is director to establish
and collect a schedule of charges for the use of the parking
facilities in the Capitol Complex and other individually assigned
spaces in state-owned parking lots and facilities administered by
the Budget and Control Board. Proceeds of these charges, except
where the proceeds are pledged to the retirement of indebtedness or
to expenses related to the provision of the facilities, must be
deposited in the General Fund of the State. The schedule of
charges shall include charges for a fixed number of parking spaces
to both the House of Representatives and the Senate in the
McEachern Parking Facility in an area adjacent to each respective
body's office building, sufficient to provide spaces for all
members of the General Assembly and all permanent employees of the
Senate and House of Representatives and Joint Legislative
Committees as determined by the respective operations and
management committees of the body.
(2) Any agency or institution of the state government owning or
controlling parking facilities, excluding the South Carolina
Educational Television Commission and the Department of Agriculture
when receiving revenues from parking during University football
games, at its discretion, subject to approval of the Budget and
Control Board, may charge such rates as it considers appropriate
for the use of such facilities, except where these proceeds are
pledged to the retirement of bonded indebtedness, and shall deposit
the proceeds to the credit of the General Fund of the State.
(3) Any unauthorized motor vehicle parked in a reserved space
on state-owned or controlled property may be removed and the cost
involved in removing and storing the vehicle must be paid by the
owner of the vehicle."
SECTION 11
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 10-1-180. 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. The board shall
have authority to allot to specific projects from funds made
available for such purposes, such amounts as are estimated to cover
the respective costs of such projects, to declare the completion of
any such projects, and to dispose, according to law, of any
unexpended balances of allotments, or appropriations, or funds
otherwise provided for such projects, upon the completion thereof.
The approval of the Budget and Control Board is not required for
minor construction projects, including renovations and alterations,
where the cost does not exceed an amount determined by the Joint
Bond Review Committee and the Budget and Control Board.
All construction, improvement, and renovation of state buildings
shall comply with the applicable standards and specifications set
forth in each of the following codes: The Standard Building Code,
The Standard Existing Building Code, The Standard Gas Code, The
Standard Mechanical Code, The Standard Plumbing Code and The
Standard Fire Prevention Code, all as adopted by the Southern
Building Code Congress International, Inc.; and the National
Electrical Code NFPA 70, The National Electrical Safety
Code-ANSI-C2, The National Fire Protection Association
Standard-NFPA 59, all with the code editions, revision years, and
deletions as specified in the Manual For Planning and Execution of
State Permanent Improvements. The State Engineer shall determine
the enforcement and interpretation of the aforementioned codes and
referenced standards on state buildings. Any interested local
officials shall coordinate their comments related to state
buildings through the State Engineer and shall neither delay
construction nor delay or deny water, sewer, power, other
utilities, or firefighting services. Agencies may appeal to the
Director of Office of General Services regarding the application of
these codes to state buildings."
SECTION 12
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 10-1-190. As part of the approval process relating to trades of state property for nonstate property, the 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."
SECTION 13
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 10-3-60. 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."
SECTION 14
TO AMEND ARTICLE 1, CHAPTER 35, TITLE 11, OF THE 1976 CODE, 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.
Article 1, Chapter 35, Title 11 of the 1976 Code is amended by adding:
"Subarticle 11
Acceptance of Gifts-In-Kind
and Certain Services
Section 11-35-475. Governmental bodies may accept gifts-in-kind of architectural or engineering services, or both, and items of construction of a value less than two hundred fifty thousand dollars with the approval of the staff of the Commission on Higher Education, the Director of the Office of General Services, and designated staff of the Joint Bond Review Committee, provided that these gifts may not be made or accepted if these gifts are offered with the intent of influencing the judgment of any governmental body. No other approvals or procedural requirements, including the provisions of Chapter 35, Title 11, may be imposed on the acceptance of these gifts."
SECTION 15
TO AMEND SECTION 11-35-5260 OF THE 1976 CODE, 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.
Section 11-35-5260 of the 1976 Code is amended to read:
"Section 11-35-5260. Each governmental body shall report to the Division of Operations of the Budget and Control Board annually; no later than August fifteenth, in a format prescribed by the division; the total dollar volume of business that was contracted either directly or through subcontractors with certified small, minority, and women-owned businesses during the previous fiscal year. These records shall be maintained to evaluate the progress of this program."
SECTION 16
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 48-52-635. Pursuant to Section 48-52-630, an agency's
savings realized in the prior fiscal year from implementing an
energy conservation measure as compared to a baseline energy use as
certified by the State Energy Office, may be retained and carried
forward into the current fiscal year. This savings, as certified
by the State Energy Office, must first be used for debt retirement
of capital expenditures, if any, on the energy conservation
measure, after which time savings may be used for agency
operational purposes and where practical, reinvested into energy
conservation areas. The agency must report all actual savings in
the energy portion of its annual report to the State Budget and
Control Board."
SECTION 17
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 1-11-141. (A) Agencies shall insure state-owned vehicles
through the Budget and Control Board or shall absorb the cost of
accident repairs within the agency budget.
(B) State employees who, while driving state-owned vehicles on
official business, are involved in accidents resulting in damages
to the vehicles may not be held liable to the State for the cost of
repairs, except in the following cases:
(1) if the operator was convicted of driving under the influence
of alcohol or illegal drugs at the time of the accident and the
Accident Review Board determines that the operator's impaired
condition substantially was the cause of the accident, the operator
may be assessed up to the full cost of repairs; and
(2) in all other cases, the employee operator may be assessed
for an amount not to exceed two hundred dollars for each occurrence
if he is found to be at fault in the accident after a review of
records conducted by a duly appointed Accident Review Board.
(C) Employees subjected to these assessments may appeal the
assessment to the following bodies, in the following order: (1)
Agency Accident Review Board;
(2) Agency Executive Director or governing board or
commission;
(3) State Motor Vehicle Management Council; and
(4) State Budget and Control Board."
SECTION 18
TO AMEND SECTION 1-11-270 OF THE 1976 CODE, 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.
Section 1-11-270 of the 1976 Code is amended to read:
"Section 1-11-270. (A) The board shall establish criteria for
individual assignment of motor vehicles based on the functional
requirements of the job, which shall reduce the assignment to
situations clearly beneficial to the State. Only the Governor,
statewide elected officials, and agency heads are provided a
state-owned vehicle based on their position.
(B) Law enforcement officers, as defined by the agency head, may
be permanently assigned state-owned vehicles by their respective
agency head. Agency heads may assign a state-owned vehicle to an
employee when the vehicle carries or is equipped with special
equipment needed to perform duties directly related to the
employee's job, and the employee is either in an emergency response
capacity after normal working hours or for logistical reasons it is
determined to be in the agency's interest for the vehicle to remain
with the employee. No other employee may be permanently assigned
to a state-owned vehicle, unless the assignment is cost
advantageous to the State under guidelines developed by the State
Fleet Manager. Statewide elected officials, law enforcement
officers, and those employees who have been assigned vehicles
because they are in an emergency response capacity after normal
working hours are exempt from reimbursing the State for commuting
miles. Other employees operating a permanently assigned vehicle
must reimburse the State for commuting between home and work.
(C) All persons, except the Governor and statewide elected
officials, permanently assigned with automobiles shall log all
trips on a log form approved by the board, specifying beginning and
ending mileage and job function performed. However, trip logs must
not be maintained for vehicles whose gross vehicle weight is
greater than ten thousand pounds nor for vehicles assigned to
full-time line law enforcement officers. Agency directors and
commissioners permanently assigned state vehicles may utilize
exceptions on a report denoting only official and commuting mileage
in lieu of the aforementioned trip logs."
SECTION 19
TO AMEND SECTION 1-11-710 OF THE 1976 CODE, 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.
Section 1-11-710(A)(2) of the 1976 Code, as added by Act 364 of 1992, is amended to read:
"(2) approve by October first of each year a plan of benefits,
eligibility, and employer, employee, retiree, and dependent
contributions for the next calendar year. The board shall devise
a plan for the method and schedule of payment for the employer and
employee share of contributions. Provided that the Budget and
Control Board, by July 1 of the current fiscal year, shall develop
and implement a plan increasing the employer contribution rates of
the 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. The plan must include a method for the distribution of
the funds appropriated as provided by law which are designated for
retiree insurance and also must include a method for allocating to
school districts, excluding EIA funding, sufficient general fund
monies to offset the additional cost incurred by these entities in
their federal and other fund activities as a result of this
employer contribution charge.
The amounts appropriated in this section shall constitute the
state's pro rata contributions to these programs except the State
shall pay its pro rata share of health and dental insurance
premiums for retired state and public school employees for the
current fiscal year."
SECTION 20
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 1-11-580. The Budget and Control Board shall make quarterly payments on insurance contracts where the annual premium exceeds fifty thousand dollars. The board shall undertake necessary negotiations to implement this requirement. Where fees may be incurred for quarterly rather than annual payments, the Budget and Control Board shall determine whether the investment income opportunity is greater or less than proposed fees and shall make the decision which best benefits South Carolina."
SECTION 21
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 1-11-750. The Budget and Control Board shall devise a method of withholding long-term care insurance premiums offered under Section 1-11-740 for retirees if sufficient enrollment is obtained to make the deductions feasible."
SECTION 22
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 2-7-78. This section applies to the annual appropriation recommendation of the Governor and to the report of the conference committee on the annual general appropriations bill. A provision offered for inclusion in the annual general appropriations bill by amendment or otherwise, by the Governor, or which increases or decreases the most recent official projection of general fund revenues of the Board of Economic Advisors must not be included in the bill or recommendation unless the revenue impact is certified by the board. Changes to the official general fund revenue estimate as a result of the provision may not exceed the amounts certified by the board. The requirements of this section are in addition to the other provisions of law regarding fiscal impact statements."
SECTION 23
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-195 SO AS TO ESTABLISH GUIDELINES FOR STATE EMPLOYEE FURLOUGH POLICIES.
The 1976 Code is amended by adding:
"Section 8-11-195. (A) During a fiscal year when the Board of
Economic Advisors officially estimates and the State Budget and
Control Board formally certifies that revenues likely will result
in a deficit in excess of the combined reserves in the Capital
Reserve Fund and the General Fund Reserve, the board may authorize
the furlough of employees of state agencies, institutions, or
departments. However, a furlough only may be authorized by
unanimous consent of the board and only as a last resort
alternative to a reduction in force of state employees. Furloughs
may be authorized for the time considered necessary by the board
but may not exceed ten days in a fiscal year nor more than two days
in a pay period. No furlough may be authorized before January
fifteenth of the fiscal year in which the deficit is projected to
occur.
(B) If the Budget and Control Board authorizes a furlough, to the
extent practical it must be statewide in nature and inclusive of
all employees regardless of source of funds, place of work, or
tenure. The furlough must include employees in classified
positions and unclassified positions as well as agency heads.
(C) Employees placed on furlough are on leave without pay status,
without a break in service, with full continuation of all insurance
benefits, and with continuing accumulation of sick and annual leave
benefits."
SECTION 24
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-200 SO AS TO PROVIDE THE REQUIREMENTS FOR REIMBURSEMENT OF TRAVEL EXPENSES TO PERSONS INTERVIEWING FOR STATE EMPLOYMENT.
The 1976 Code is amended by adding:
"Section 8-11-200. Reimbursement of travel expenses to persons
interviewing for state employment, whether paid from
state-appropriated, federal, or other funds, is allowed in
accordance with the following provisions:
(1) Travel expenses, within the limitations applicable to state
employees, may be paid to individuals being considered for
employment by a state government agency if the head of the
interviewing agency makes a specific, formal determination in each
case that all of the following apply:
(a) The significance of the position to be filled is such that
it warrants incurring the costs.
(b) The costs do not exceed the expense of conducting the
interview at the interviewee's home area or elsewhere.
(c) Qualified candidates residing within South Carolina are
considered before candidates from other states are sought.
(2) Where the position to be filled is that of an agency head,
the determination referenced in item (1) must be made by the
chairman of the board or commission of the interviewing agency."
SECTION 25
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-190 SO AS TO PROVIDE FOR THE USE OF PUBLIC FUNDS TO REWARD STATE EMPLOYEES.
The 1976 Code is amended by adding:
"Section 8-11-190. State agencies and institutions must be allowed to spend public funds on employee plaques, certificates, and other events including, but not limited to, meals and similar types of recognition to reward innovations or improvements by individual employees or employee teams that enhance the quality of work or productivity or as a part of employee development programs of their agency or institution."
SECTION 26
TO AMEND THE 1976 CODE 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.
A. The 1976 Code is amended by adding:
"Section 1-11-50. If funds accumulated by the Division of Budget and Analyses of the Budget and Control Board, under contract for the provision of goods and services not covered by the division's appropriated funds, are not expended during the preceding fiscal years, these funds may be carried forward and expended for the costs associated with the provision of these goods and services."
B. This section takes effect July 1, 1995.
*SECTION 27
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 56-3-2322. The department may fabricate and sell a dealer license plate for use on a motor vehicle which the dealer loans to a public or private school for use in a driver education program. The fee for a license plate issued under this section is twenty dollars and must be obtained in addition to a dealer license plate issued under Section 56-3-2320. When a motor vehicle bearing a license plate issued under this section is no longer used for driver education, the dealer shall surrender the plate to the department."
SECTION 28
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 11-9-370. A state agency responsible by law for the collection of revenues from any source annually to be applied to payments of interest and principal on general obligation bonds of the State shall remit the revenue collected to the State Treasurer for credit to the state's General Fund, and the revenue submitted constitutes a reimbursement."
SECTION 29
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 2-7-115. The General Assembly finds 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. 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."
SECTION 30 DELETED
SECTION 31 DELETED
SECTION 32
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 11-1-100. The Budget and Control Board, after review of the Joint Bond Review Committee, is authorized and directed to regulate the starting date of the various projects approved for funding through the issuance of Capital Improvement Bonds so as to ensure that the appropriations for debt service on these bonds, as provided in the general appropriations act, is sufficient during the current fiscal year."
SECTION 33
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 4-5-260. 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. However, the population of the annexed areas must be taken into consideration in determining the proportionate share of the total allocation due to each county."
SECTION 34
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 6-27-45. Notwithstanding the amount appropriated in the annual general appropriations act for `Homestead Exemption Reimbursement', there must be annually appropriated whatever amount is necessary to reimburse the counties and municipalities of the State for all reimbursed homestead exemptions allowed in accordance with the provisions of law."
SECTION 35
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 11-3-240. Of the amount appropriated in the annual general appropriations act for and to counties for the expense of printing tax forms and supplies, four cents per capita, based on the official United States Census for 1990, must be remitted by the Comptroller General to the several counties of the State and must be applied by the counties only for the expense of printing tax forms and supplies for county auditors, treasurers, and tax collectors. Payment must be made to each county treasurer in one annual payment which must be made as soon after the beginning of the fiscal year as practical."
SECTION 36 DELETED
SECTION 37
TO AMEND THE 1976 CODE BY ADDING SECTION 6-7-185 SO AS TO SPECIFY HOW THE ANNUAL APPROPRIATION TO THE REGIONAL COUNCILS OF GOVERNMENTS IS ALLOCATED.
The 1976 Code is amended by adding:
"Section 6-7-185. Fifty percent of the amount appropriated in the annual general appropriations act for the regional councils of governments must be divided equally among the ten districts. The remaining fifty percent must be allocated in proportion to the population of each district according to the most recent United States census."
SECTION 38
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 6-7-157. Before receipt of state funds, each regional council of government shall submit a plan for the expenditure of appropriated funds to the State Budget and Control Board. Within ninety days following the end of the fiscal year, each council of government shall submit to the board a copy of an audit of appropriated funds to be performed by an independent certified public accountant."
SECTION 39
TO AMEND THE 1976 CODE BY ADDING SECTION 6-7-155 SO AS TO REQUIRE THE STATE TREASURER TO DISBURSE FUNDS TO REGIONAL COUNCILS OF GOVERNMENT UPON APPROVAL.
The 1976 Code is amended by adding:
"Section 6-7-155. The State Treasurer shall remit to each regional council of government its share of state funds upon approval by the Division of Budget and Analyses of the State Budget and Control Board."
SECTION 40
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 6-1-75. Where a portion of one county is annexed to another county, the total amount allocated by the General Assembly under Aid to Subdivisions to the two counties must not exceed the total which would be allocated to the two counties separately. However, the population of the annexed areas must be taken into consideration in determining the proportionate share of the total allocation due to each county."
SECTION 41
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 11-9-140. The State Budget and Control Board may transfer to the Bond Contingency Revolving Fund any capital improvement bond project balances determined not to be usable or needed. Capital improvement bonds issued on behalf of the Mental Health Commission as provided in Act 151 of 1983 and Acts 1272 and 1276 of 1970, as amended, or bonds issued on behalf of the Department of Disabilities and Special Needs as provided in Section 44-21-1010 et seq. are exempt. Before accomplishing a transfer of this type, the required determination must be made by the agency for which the funds were authorized or by the Budget and Control Board if the agency no longer exists, and the board must find that the purpose for which the funds were authorized has been achieved. Any transfer by the Budget and Control Board must first be reviewed by the Joint Bond Review Committee."
SECTION 42
TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-180 SO AS TO PROVIDE ADDITIONAL POWERS TO THE BUDGET AND CONTROL BOARD AND AUTHORIZE PROMULGATION OF REGULATIONS.
The 1976 Code is amended by adding:
"Section 1-11-180. (A) In addition to the powers granted the
Budget and Control Board under this chapter or any other provision
of law, the board may:
(1) survey, appraise, examine, and inspect the condition of
state property to determine what is necessary to protect state
property against fire or deterioration and to conserve the use of
the property for state purposes;
(2) approve the destruction or disposal of state agency
records;
(3) require submission and approval of plans and specifications
for permanent improvements by a state department, agency, or
institution before a contract is awarded for the permanent
improvement;
(4) approve blanket bonds for a state department, agency, or
institution including bonds for state officials or personnel.
However, the form and execution of blanket bonds must be approved
by the Attorney General;
(5) contract to develop an energy utilization management system
for state facilities under its control and to assist other agencies
and departments in establishing similar programs. However, this
does not authorize capital expenditures.
(B) The Budget and Control Board may promulgate regulations
necessary to carry out this section."
SECTION 43
TO AMEND SECTION 1-1-810 OF THE 1976 CODE, 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; AND 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.
A. Section 1-1-810 of the 1976 Code is amended to read:
"Section 1-1-810. Each agency and department of state government shall submit an annual accountability report to the Governor and the General Assembly covering a period from July first to June thirtieth, unless otherwise directed by the specific statute governing the department or institution."
B. Section 1-1-820 of the 1976 Code is amended to read:
"Section 1-1-820. The annual accountability report required by Section 1-1-810 must contain the agency's or department's mission, objectives to accomplish the mission, and performance measures that show the degree to which objectives are being met."
SECTION 44
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 1-11-405. 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 State Budget and Control Board and the Joint Bond Review Committee."
SECTION 45
TO AMEND SECTION 44-53-530, AS AMENDED, OF THE 1976 CODE, 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.
Section 44-53-530(a) of the 1976 Code, as last amended by Act 333 of 1992, is further amended to read:
"(a) Forfeiture of property defined in Section 44-53-520 must be
accomplished by petition of the Attorney General or his designee or
the circuit solicitor or his designee to the court of common pleas
for the jurisdiction where the items were seized. The petition must
be submitted to the court within a reasonable time period following
seizure and shall set forth the facts upon which the seizure was
made. The petition shall describe the property and include the
names of all owners of record and lienholders of record. The
petition shall identify any other persons known to the petitioner
to have interests in the property. Petitions for the forfeiture of
conveyances shall also include: the make, model, and year of the
conveyance, the person in whose name the conveyance is registered,
and the person who holds the title to the conveyance. The petition
shall set forth the type and quantity of the controlled substance
involved. A copy of the petition must be sent to each law
enforcement agency which has notified the petitioner of its
involvement in effecting the seizure. Notice of hearing or rule to
show cause must be directed to all persons with interests in the
property listed in the petition, including law enforcement agencies
which have notified the petitioner of their involvement in
effecting the seizure. Owners of record and lienholders of record
may be served by certified mail, to the last known address as
appears in the records of the governmental agency which records the
title or lien.
The judge shall determine whether the property is subject to
forfeiture and order the forfeiture confirmed. If the judge finds
a forfeiture, he shall then determine the lienholder's interest as
provided in this article. The judge shall determine whether any
property must be returned to a law enforcement agency pursuant to
Section 44-53-582.
If there is a dispute as to the division of the proceeds of
forfeited property among participating law enforcement agencies,
this issue must be determined by the judge. The proceeds from a
sale of property, conveyances, and equipment must be disposed of
pursuant to subsection (e) of this section.
All property, conveyances, and equipment which will not be reduced
to proceeds may be transferred to the law enforcement agency or
agencies or to the prosecution agency. Upon agreement of the law
enforcement agency or agencies and the prosecution agency,
conveyances and equipment may be transferred to any other
appropriate agency. Property transferred must not be used to
supplant operating funds within the current or future budgets. If
the property seized and forfeited is an aircraft or watercraft and
is transferred to a state law enforcement agency or other state
agency pursuant to the provisions of this subsection, its use and
retainage by that agency shall be at the discretion and approval of
the Budget and Control Board."
SECTION 46 DELETED
SECTION 47 DELETED
SECTION 48
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 OF THE 1976 CODE 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.
A. Notwithstanding the rates of the soft drinks license tax imposed pursuant to Article 13, Chapter 21, Title 12 of the 1976 Code, the license tax due from a taxpayer pursuant to that article is reduced as follows for returns due during the applicable fiscal year:
Fiscal Year Liability Reduction
1996-97 one-sixth
1997-98 one-third
1998-99 one-half
1999-2000 two-thirds
2000-2001 five-sixths
B. Article 13, Chapter 21, Title 12 of the 1976 Code is repealed effective July 1, 2001.
*C. There is created a special Joint Committee to review the structure, applicability, operation and exemptions of all sales, use and excise taxes imposed under Title 12 of the 1976 Code. The Committee shall be composed of eight (8) members, four who shall be members of the Senate appointed by the Chairman of the Senate Finance Committee and four who shall be members of the House of Representatives appointed by the Chairman of the House Ways and Means Committee. The Committee shall publish its report and transmit the same to the members of the General Assembly, not later than March thirty-first of 1996.
SECTION 49
TO AMEND SECTIONS 57-11-20, 12-27-400, AND 12-27-1270, ALL AS AMENDED, OF THE 1976 CODE, 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.
A. Section 57-11-20(A) of the 1976 Code, as amended by Act 501 of
1992, is further amended to read:
"(A) All state revenues and state monies dedicated by statute
to the operation of the department must be deposited into one fund
to be known as the `state highway fund' and all federal revenues
and federal monies must be deposited into the `federal aid highway
fund'. These funds must be held and managed by the State Treasurer
separate and distinct from the general fund, except as to monies
utilized by the State Treasurer for the payment of principal or
interest on state highway bonds as provided by law. Interest
income from the state highway fund must be deposited to the credit
of the state highway fund."
B. Section 12-27-400(A) of the 1976 Code, as last amended by Section 17, Part II, Act 497 of 1994, is further amended by adding at the end:
"All interest earnings on the County Transportation Fund in the State Treasury must be credited to the State Highway Fund."
C. Section 12-27-1270 of the 1976 Code, as last amended by Act 164 of 1993, is further amended by adding at the end:
"All interest earnings on the Economic Development Account must be credited to the State Highway Fund."
D. This section takes effect July 1, 1995.
SECTION 50
TO AMEND SECTION 44-96-160, AS AMENDED, OF THE 1976 CODE, 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.
Section 44-96-160(V)(1) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(1) For sales made after October 31, 1991, a person making
wholesale sales of motor oil or similar lubricants, and a person
importing into this State ex-tax motor oil or similar lubricants,
shall pay a fee on a monthly basis of eight cents for each gallon
of motor oil or similar lubricants sold at wholesale or ex-tax
motor oil or similar lubricants imported. As used in this
provision, `ex-tax motor oil or similar lubricants' means motor oil
or similar lubricants upon which the fee imposed has not been
levied and which is not sold at wholesale in this State. The fee
imposed must be imposed only once with respect to each gallon of
motor oil or similar lubricants. The South Carolina State
Department of Revenue and Taxation shall administer, collect, and
enforce this fee in the same manner the sales and use taxes are
collected pursuant to Chapter 36 of Title 12. However, taxpayers
are not required to make payments pursuant to Section 12-36-2600.
Instead of the discount allowed pursuant to Section 12-36-2610, the
taxpayer may retain three percent of the total fees collected as an
administrative collection allowance. This allowance applies
whether or not the return is timely filed.
A motor carrier which purchases lubricating oils not for resale
used in its fleet is exempt from the fee. The motor carrier
must:
(a) have a maintenance facility to service its own fleet and
properly store waste oil for recycling collections;
(b) have on file with the Environmental Protection Agency the
existence of storage tanks for waste oil storage;
(c) maintain records of the dispensing and servicing of
lubrication oil in the fleet vehicles; and
(d) have a written contractual agreement with an approved
waste oil hauler."
SECTION 51
TO AMEND THE 1976 CODE 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; AND TO REPEAL SECTION 58-23-580 RELATING TO LICENSE FEES FOR CLASS D CERTIFICATE HOLDERS.
A. The 1976 Code is amended by adding:
"Section 58-23-25. Nothing in this chapter, unless specifically provided, must be construed as granting authority to the Public Service Commission to regulate, approve, fix, or charge a fee on a matter of rates, prices, changes, routes, or services of a motor vehicle carrier of property, including private carriers, except certificate carriers of household goods or hazardous wastes for disposal."
B. The 1976 Code is amended by adding:
"Section 58-23-350. No for-hire motor vehicle carrier of
property, except carriers of household goods or hazardous waste for
disposal, may operate in this State without having applied for and
received a Class E Certificate of Compliance from the Department of
Revenue and Taxation. A one-time fee of twenty-five dollars may be
charged each company for each certificate issued.
The applicant must provide evidence of meeting the financial
responsibilities or insurance requirements, satisfy compliance
requirements of the United States Department of Transportation
motor carrier safety and hazardous materials regulations before
issuance, and continually satisfy these requirements or
certification may be suspended, revoked, or placed in a
probationary status.
The Department of Revenue and Taxation may cooperate with the
Department of Public Safety in determining satisfactory compliance
with these requirements. The Department of Revenue and Taxation
and the Department of Public Safety are authorized to promulgate
regulations to implement these responsibilities.
The holder of a Class E Certificate may be eligible for exceptions
provided by Sections 58-23-620 and 44-96-160(V)(1)."
C. Section 58-23-590 of the 1976 Code is amended to read:
"Section 58-23-590. (A) The commission shall promulgate
regulations necessary to control entry and certification standards,
set rates and charges, and establish enforcement procedures and
powers to govern the operations of carriers of household goods and
hazardous waste for disposal.
(B) The commission is authorized to establish an Office of
Compliance to carry out its responsibilities and may assess the
carriers of household goods and hazardous waste for disposal fees
necessary to fund this office and to carry out its
responsibilities.
(C) The commission shall issue a common carrier certificate or
contract carrier permit of public convenience and necessity if the
applicant proves to the commission that:
(1) it is fit, willing, and able to properly perform the
proposed service and comply with the provisions of this chapter and
the commission's regulations; and (2) the proposed service, to
the extent to be authorized by the certificate or permit, is
required by the present public convenience and necessity.
The commission shall adopt regulations that provide criteria for
establishing that the applicant is fit, willing, and able, and
criteria for establishing that the applicant must meet the
requirement of public convenience and necessity. The determination
that the proposed service is required by the public, convenience
and necessity must be made by the commission on a case by case
basis.
(D) A carrier of household goods, before operating in an exempt
zone provided in Section 58-23-60 in this State must obtain a
certificate of fit, willing, and able from the commission. The
commission may establish an annual registration requirement and set
a fee for this registration which is comparable to and is
calculated by using the same methodology applied to holders of
certificates of public convenience and necessity.
(E) The commission is authorized to employ necessary personnel to
administer and enforce the provisions of this chapter as they apply
to carriers of household goods and hazardous waste for disposal.
A carrier operating in violation of a provision of Articles 1
through 12 of this chapter is guilty of a misdemeanor and, upon
conviction, must pay penalties provided in Section 58-23-80. A
fine of one thousand dollars is imposed on the violators of the
certification and registration requirements. Seventy-five percent
of this fine must be remitted to the commission to be used for the
operation of the Office of Compliance. Magistrates have
jurisdiction over contested violations of this section and are
prohibited from suspending or reducing the penalties."
D. Section 58-23-620 of the 1976 Code is amended to read:
"Section 58-23-620. No city, town, or county in this State shall impose a license fee or license tax upon a holder of a certificate A or a certificate B, and no city, town, or county shall impose a license fee or license tax on the holder of a certificate E or a certificate F, Certificate of Compliance, or a common or contract motor carrier of property, except the city or town of such carrier's residence or the location of his principal place of business. However, the fee required of a holder of a certificate C is in addition to any license tax or license fee charged by a municipality."
E. Section 58-23-640 of the 1976 Code, as last amended by Act 478 of 1992, is further amended to read:
"Section 58-23-640. The Department of Revenue and Taxation shall charge a fee of five dollars for each identifier. The five-dollar identifier fee must be remitted to the general fund. The Department of Revenue and Taxation may promulgate regulations pursuant to this section."
F. Section 58-23-650 of the 1976 Code, as added by Act 478 of 1992, is further amended to read:
"Section 58-23-650. The Department of Revenue and Taxation is authorized to enter into reciprocal agreements with the regulatory agencies of other states having jurisdiction and authority over motor carriers to provide for base state agreements in which the registration of interstate carriers operating in participating states may be accomplished by registration in one base state. Carriers registering in this State under these agreements are subject to the jurisdiction and authority of the Department of Revenue and Taxation and the Department of Public Safety for enforcement purposes. When the carrier's base state is South Carolina, the Department of Revenue and Taxation may require further filings of certificates of insurance, surety bonds, and other documents to show the carrier's qualifications to operate. Participating carriers shall register their authority directly with the Department of Revenue and Taxation and not with other state or local agencies."
G. Section 58-23-1120 of the 1976 Code is amended to read:
"Section 58-23-1120. Each for-hire motor carrier of household
goods or hazardous waste for disposal shall comply with orders and
regulations prescribed by the Public Service Commission. The
commission may employ the necessary law enforcement personnel to
enforce the provisions which apply to holders of certificates A, B,
C, and certificates E and F of Public Convenience and
Necessity.
The Department of Public Safety may promulgate regulations to
ensure the safe operation of motor carriers. The Transport Police
Division of the Department of Public Safety shall have exclusive
authority in this State for enforcement of the commercial motor
vehicle carrier laws, which include Federal Motor Carrier Safety
Regulations, Hazardous Material Regulations, and size and weight
laws and regulations."
H. Section 58-23-580 of the 1976 Code is repealed.
SECTION 52
TO AMEND SECTION 24-21-510 OF THE 1976 CODE, 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; AND TO REPEAL SECTIONS 24-21-520 AND 24-21-530 RELATING TO PRESENTENCE INVESTIGATIONS.
A. Section 24-21-510 of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"Section 24-21-510. The department shall develop and operate a comprehensive community control system if the General Assembly appropriates sufficient funds. The system shall include community control centers and sentencing options as a condition of probation, and utilize all sentencing options set forth in Chapter 21 of Title 24."
B. Sections 24-21-520 and 24-21-530 of the 1976 Code are repealed.
SECTION 53 DELETED
SECTION 54
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; AND 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 OF THE 1976 CODE AND ALL RELATING TO VARIOUS COMMITTEES.
A. The following committees, however established or continued, are
abolished:
(1) Committee to Make a Study of State Bidding Practices;
(2) Correctional System Study Committee;
(3) Education Finance Review Committee to Review and Advise Upon
the Problems Encountered in Providing a Free and Appropriate
Education for Handicapped Children;
(4) Committee to Study Alternate Electronic Funds Transfer
Systems;
(5) Task Force to Study and Make Recommendations to the House of
Representatives on a Long-Range Plan for South Carolina's
Coast;
(6) A Committee to Study the Consumer Finance Laws in This State
as They Relate to Restricted Loans, Supervised Loans, and Sales
Finance Contracts.
B. The following provisions of the 1976 Code are repealed:
(1) Section 11-35-520 Procurement Policy Committee
(2) Article 5, Committee on State Employees Chapter 11 of Title 8
(3) Chapter 22 of Joint Committee on Aquaculture Title 2
(4) Chapter 23 of Automobile Insurance Study Title 2 Committee
(5) Chapter 27 of Alcohol and Drug Abuse Study Title 2 Committee
(6) Chapter 29 of Election Law Study Committee Title 2
(7) Chapter 31 of Internal Security Committee Title 2
(8) Chapter 33 of Judicial System Study Committee Title 2
(9) Chapter 37 of Medical Care Delivery Study Title 2
Committee
(10) Chapter 49 of Federal Student Aid Distribution Title 2 Committee
(11) Chapter 57 of Joint Legislative Committee on Title 2 Personal Service Financing and Budgeting
(12) Chapter 61 of Legislative Advisory Committee Title 2 on Early Childhood Education and Development
(13) Chapter 67 of Joint Liaison Committee on Small Title 2 Business
(14) Chapter 32 of Tobacco Advisory Commission Title 46
(15) Chapter 9 of Committee for Continuous Study Title 59 of the Educational System.
C. This section takes effect July 1, 1995.
SECTION 55 DELETED
SECTION 56
TO REPEAL SECTIONS 56-5-5320 THROUGH 56-5-5440 OF THE 1976 CODE RELATING TO INSPECTION OF VEHICLES.
A. Sections 56-5-5320 through 56-5-5440 of the 1976 Code are repealed.
B. This section takes effect July 1, 1995.
SECTION 57
TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, 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.
A. Section 12-7-435(j) of the 1976 Code, as added by Act 189 of 1989, is amended to read:
"(j) Federal law enforcement officers may deduct as a subsistence allowance five dollars a day for each regular work day in a taxable year. Full-time firefighters and emergency medical service personnel may deduct as a subsistence allowance five dollars a day for each regular work day in a taxable year."
B. This section is effective for tax years beginning after 1994.
SECTION 58
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 2-3-22. No member of the General Assembly may receive 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."
SECTION 59
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; AND TO AMEND SECTION 7-13-800 OF THE 1976 CODE, 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.
A. The appropriation in Part IA of this act of $4,700, under State Election Commission, Section 16, at page 59, line 32 for "Other Operating Expenses" under "Electronic Voting" 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.
B. Section 7-13-800 of the 1976 Code is amended by adding at the end:
"Nothing contained 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."
SECTION 60 DELETED
SECTION 61
TO AMEND THE 1976 CODE 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.
A. The 1976 Code is amended by adding:
"Section 8-11-185. (A) Of the funds appropriated to the Office
of Human Resources of the State Budget and Control Board under
`Recruitment - Other Operating Expenses' in the annual general
appropriations act of the State, the office may use up to five
thousand dollars to create and operate a reduction in force
applicant pool.
(B) If a state agency has a reduction in personnel or positions
for any reason including, but not limited to, internal
restructuring, the agency must report to the Office of Human
Resources for inclusion of information on all employees affected by
this reduction in the office's reduction in force applicant pool.
The information must include, but is not limited to, the name and
social security number of the person, the position held, job
classification, grade, years of experience, and the person's EPMS
status for those wishing to be considered for other positions.
(C) An agency seeking to fill a vacancy or a new position must
obtain information from the Office of Human Resources' reduction in
force applicant pool provided to the office pursuant to subsection
(A). An agency shall provide priority consideration to employees
terminated due to a reduction in force for any vacancy or new
position in the same classification, classification series, or
position category held at the time of layoff. An agency is
prohibited from filling the position if the agency does not first
seek to fill the position from among these qualified employees
provided by the Office of Human Resources."
B. This section takes effect July 1, 1995.
SECTION 62
TO AMEND SECTION 12-7-1220, AS AMENDED, OF THE 1976 CODE, 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.
A. Section 12-7-1220 (A) through (G) of the 1976 Code, as last amended by Section 136A, Part II, Act 497 of 1994, are further amended to read:
"(A) Annually by December thirty-first, using the most current
data available from the South Carolina Employment Security
Commission and the United States Department of Commerce, the
Department of Revenue and Taxation shall rank and designate the
state's counties as provided in this section. The sixteen counties
in this State having a combination of the highest unemployment rate
and lowest per capita income for the most recent thirty-six-month
period with equal weight being given to each category are
designated less developed counties. The fifteen counties in the
State with a combination of the next highest unemployment rate and
next lowest per capita income for the most recent thirty-six-month
period with equal weight being given to each category are
designated moderately developed counties. The fifteen counties in
the State with a combination of the lowest unemployment rate and
the highest per capita income for the most recent thirty-six-month
period with equal weight being given to each category are
designated developed counties. Taxpayers which create new
full-time jobs qualify for the appropriate tax credit as provided
in subsections (B), (C), and (D). The designation by the
Department of Revenue and Taxation is effective for tax years which
begin after the date of designation. For taxpayers which plan a
significant expansion in their labor forces at a South Carolina
location, the appropriate agency shall prescribe certification
procedures to ensure that the taxpayers may claim credits in future
years without regard to whether or not a particular county is
removed from the list of less developed or moderately developed
counties.
(B) Taxpayers operating manufacturing, tourism, processing,
warehousing, distribution, research and development, and corporate
office facilities in counties designated by the department as less
developed are allowed a job tax credit for taxes imposed by Section
12-7-230 and for insurance premium taxes imposed pursuant to
Chapter 7, Title 38 equal to one thousand dollars annually for each
new full-time employee job for five years beginning with years two
through six after the creation of the job. The number of new
full-time jobs must be determined by comparing the monthly average
number of full-time employees subject to South Carolina income tax
withholding in the applicable county for the taxable year with the
corresponding period of the prior taxable year. Only those
taxpayers that increase employment by ten or more in a less
developed county are eligible for the credit. Credit is not
allowed during the five years if the net employment increase falls
below ten. The appropriate agency shall adjust the credit allowed
each year for net new employment fluctuations above the minimum
level of ten.
(C) Taxpayers operating manufacturing, tourism, processing,
warehousing, distribution, research and development, and corporate
office facilities in counties that have been designated by the
department as moderately developed are allowed a job tax credit for
taxes imposed by Section 12-7-230 and for insurance premium taxes
imposed pursuant to Chapter 7, Title 38 equal to six hundred
dollars annually for each new full-time employee job for five years
beginning with years two through six after the creation of the job.
The number of new full-time jobs must be determined by comparing
the monthly average number of full-time employees in the applicable
county subject to South Carolina income tax withholding for the
taxable year with the corresponding period of the prior taxable
year. Only those taxpayers that increase employment by eighteen or
more in a county that has been designated moderately developed are
eligible for the credit. The credit is not allowed during the five
years if the net employment increase falls below eighteen. The
appropriate agency shall adjust the credit allowed each year for
net new employment fluctuations above the minimum level of
eighteen.
(D) Taxpayers operating manufacturing, tourism, processing,
warehousing, distribution, research and development, and corporate
office facilities in counties designated by the department as
developed are allowed a job tax credit for taxes imposed by Section
12-7-230 and for insurance premium taxes imposed pursuant to
Chapter 7, Title 38 equal to three hundred dollars annually for
each new full-time employee job for five years beginning with years
two through six after the creation of the job. The number of new
full-time jobs must be determined by comparing the monthly average
number of full-time employees in the applicable county subject to
South Carolina income tax withholding for the taxable year with the
corresponding period of the prior taxable year. Only those
taxpayers that increase employment by fifty or more in a county
that has been designated developed are eligible for the credit.
The credit is not allowed during the five years if the net
employment increase falls below fifty. The appropriate agency shall
adjust the credit allowed each year for net new employment
fluctuations above the minimum level of fifty.
(E) Tax credits for five years for the taxes imposed by Section
12-7-230 and for insurance premium taxes imposed pursuant to
Chapter 7, Title 38 must be awarded for additional new full-time
jobs created by taxpayers qualified under subsections (B), (C),
(D), and (I). Additional new full-time jobs must be determined by
subtracting highest total employment of the taxpayer during years
two through six, or whatever portion of year two through six
completed, from the total increased employment. The appropriate
agency shall adjust the credit allowed for employment fluctuations
during the additional five years of credit.
(F) The merger, consolidation, or reorganization of a taxpayer
where tax attributes survive does not create new eligibility in a
succeeding taxpayer, but unused job tax credits may be transferred
and continued by the succeeding taxpayer. In addition, a taxpayer
may assign its rights to its jobs tax credit to another taxpayer if
it transfers all, or substantially all, of the assets of the
taxpayer or all, or substantially all, of the assets of a trade or
business or operating division of a taxpayer related to the
generation of the jobs tax credits to that taxpayer if the required
number of new jobs is maintained for that amount of credit. No
taxpayer is allowed a jobs tax credit if the net employment
increase for that taxpayer falls below ten for a less developed
county, eighteen for a moderately developed county, or fifty for a
developed county. The Department of Revenue and Taxation or
Department of Insurance, as appropriate, shall determine whether or
not qualifying net increases or decreases have occurred and may
require reports, promulgate regulations, and hold hearings needed
for substantiation and qualification.
(G) A credit claimed under this section but not used in a taxable
year may be carried forward for ten years from the close of the tax
year in which the credit is earned by the taxpayer. However, the
credit established by this section taken in one tax year must be
limited to an amount not greater than fifty percent of the
taxpayer's state corporate income tax or premium tax liability
which is attributable to income or premiums derived from operations
in the State for that year."
B. Section 12-7-1220(H)(3) of the 1976 Code, as added by Act 175 of 1989, is amended to read: "(3) ` Taxpayer' means a sole proprietor, partnership, corporation of any classification, limited liability company, or association taxable as a business entity which is subject to South Carolina taxes as contained in Sections 12-7-210 and 12-7-230 and Chapter 7, Title 38."
C. Section 12-7-1220(J) of the 1976 Code, as added by Section 97A, Part II, Act 164 of 1993, is amended to read:
"(J) In addition to those credits allowed under subsections (B),
(C), and (D) of this section:
(1) A corporation, partnership, or limited liability company
that qualifies for a credit under this section as an S corporation,
partnership, or limited liability company, entitles each
shareholder of the S corporation, partner of the partnership, or
member of the limited liability company to a nonrefundable credit
against taxes imposed pursuant to Section 12-7-210.
(2) The amount of the credit allowed a shareholder, partner, or
owner of a limited liability company by this subsection is equal to
the shareholder's percentage of stock ownership, partner's interest
in the partnership, or member's interest in the limited liability
company for the taxable year multiplied by the amount of the credit
the taxpayer would have been entitled to if it were taxed as a
corporation.
(3) A credit claimed under this subsection but not used in a
taxable year may be carried forward for ten years from the close of
the tax year in which the credit is earned by the S corporation,
partnership, or limited liability company. However, the credit
established by this section taken in one tax year may not exceed
fifty percent of the taxpayer's tax liability under Section
12-7-210."
D. This section takes effect July 1, 1995.
SECTION 63
TO AMEND SECTION 50-11-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO REVISE THE COMMITTEE MEMBERS.
A. Section 50-11-20(B) of the 1976 Code is amended to read:
"(B) There is created the Migratory Waterfowl Committee composed of nine members. A designee, who is not a paid employee, of Ducks Unlimited of South Carolina, a designee, who is not a paid employee, of the South Carolina Waterfowl Association, and the Chairman of the Board of the Department of Natural Resources, or his designee, shall serve ex officio. Two members are appointed by the Chairman of the Agriculture and Natural Resources Committee of the House of Representatives, two are appointed by the Chairman of the Fish, Game and Forestry Committee of the Senate, and two are appointed by the Governor, all of whom must be cognizant of waterfowl. The members of the committee shall serve for terms of three years and until successors are appointed and qualify. Vacancies are filled for the unexpired term in the manner of the original appointment. The members of the committee shall elect a chairman annually. Members of the committee are eligible to receive the per diem, subsistence, and mileage as is provided by law for members of boards, commissions, and committees."
B. This section takes effect on July 1, 1995.
SECTION 64
TO AMEND SECTIONS 8-11-700, 8-11-720, AS AMENDED, 8-11-730, AS AMENDED, 8-11-740, AND 8-11-760 OF THE 1976 CODE, 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.
A. Section 8-11-700(4) of the 1976 Code, as added by Act 524 of 1988, is amended to read:
"(4) `Personal emergency' means a catastrophic and debilitating medical situations, severely complicated disabilities, severe accident cases, family medical emergencies or other hardship situations that are likely to require an employee's absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave."
B. Section 8-11-720 of the 1976 Code, as last amended by Act 339 of 1990, is further amended to read:
"Section 8-11-720. In conformity with guidelines established by the State Budget and Control Board, the director of the employing agency may select leave recipients within the agency for participation in the leave-transfer program from among the potential leave recipients of the agency requesting leave under Section 8-11-710. The selections of the director of the employing agency are final, and there is no administrative or judicial appeal of the selections. Unless the personal emergency involves a medical condition affecting the leave recipient, the employing agency may consider the likely impact on morale and efficiency within the agency in considering a leave recipient's request to use transferred leave."
C. Section 8-11-730(B) of the 1976 Code, as added by Act 524 of 1988, is amended to read:
"(B) Under guidelines established by the State Budget and Control Board, the employing agency may transfer all or any portion of the annual leave in the pool account to the annual leave account of the leave recipient, and all or any portion of the sick leave in the pool account to the sick leave account of the leave recipient."
D. Section 8-11-740(A) of the 1976 Code, as added by Act 524 of 1988, is amended to read:
"(A) Upon approval by the director of the employing agency, a leave recipient may use annual or sick leave from the pool account established under Section 8-11-730 in the same manner and for the same purposes as if he had accrued the leave in the manner provided by law. Leave that accrues to the account of the leave recipient must be used before any transferred leave from the pool account."
E. Section 8-11-760 of the 1976 Code, as added by Act 524 of 1988, is amended to read:
"Section 8-11-760. Under guidelines established by the State Budget and Control Board, any transferred annual or sick leave remaining to the credit of a leave recipient when the personal emergency affecting the leave recipient terminates must be restored to the pool account."
SECTION 65 DELETED
SECTION 66 DELETED
SECTION 67
TO AMEND THE 1976 CODE 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; AND 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.
A. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2809. (A) In a county in which a majority of the
qualified electors vote or have voted to terminate cash pay-offs
for credits earned on coin-operated devices in a referendum
authorized by Sections 12-21-2806 or 12-21-2808, the department
shall not issue any license for coin-operated devices as defined in
Section 12-21-2720(A)(3) and it is unlawful for a person to possess
these machines in the county other than for purposes of storage,
maintenance, or transportation.
(B) A person who operates any coin-operated device in violation
of subsection (A) of this section is guilty of a misdemeanor and,
upon conviction, must be fined not more than two thousand dollars
or imprisoned for not more than thirty days. Violations charged
under this section must be tried in magistrate's court."
*B. The first paragraph of Section 12-21-2710 of the 1976 Code is amended to read:
"It is unlawful for any person to keep on his premises or operate or permit to be kept on his premises or operated within this State any vending or slot machine, punch board, pull board, or other device pertaining to games of chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, words, or symbols, at different plays or different numbers, whether in words or figures or, which deposit tokens or coins at regular intervals or in varying numbers to the player or in the machine, but the provisions of this section do not extend to coin-operated nonpayout pin tables, in-line pin games, 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 nature of the game or to automatic weighing, measuring, musical, and vending machines which are constructed as to give a certain uniform and fair return in value for each coin deposited and in which there is no element of chance."
*C. 1. That portion of Section 12-21-2720(A) of the 1976 Code that
precedes item (1), as last amended by Act 501 of 1992, is further
amended to read:
"Every person who maintains for use or permits the use of, on a
place or premises occupied by him, one or more of the following
machines or devices shall apply for and procure from the South
Carolina Department of Revenue and Taxation a license effective for
two years for the privilege of making use of the machine in South
Carolina and shall pay for the license a tax of fifty dollars for
each machine in item (1), two hundred dollars for each machine in
item (2), and four thousand dollars for each machine in item (3)
located in a single place or premise in which no more than five
machines are located. For any single place or premise in which are
located more than five machines, but in no event more than eight
machines, additional license fees as follows must be paid:
(a) nine thousand dollars for a sixth machine;
(b) twelve thousand dollars for a seventh machine; and
(c) seventeen thousand dollars for an eighth
machine."
2. Section 12-21-2720(C) of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"(C) The owner or operator of any coin-operated device which is exempt from Section 16-19-60 and is subject to licensing under Section 12-21-2720(A)(3) and which has multi-player stations, shall purchase a separate license for each such station and any such multi-player station counts as a machine when determining the number of machines authorized for licensure under Section 12-21-2804(A)."
D. Section 12-21-2776(B) of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"(B) By July 1, 1998, all machines registered and licensed by the
department must be equipped with a department approved metering
device. Each machine owner, operator, or licensed establishment
must establish and implement cash controls and beginning January 1,
1996, shall report to the department on a quarterly basis the
following information for each machine:
(1) name and address of location of the machine;
(2) denomination, whether five cents, twenty-five cents,
etc., of game;
(3) the name of the game;
(4) the name of the individual collecting money from the
machine or the owner of the machine;
(5) the date of collection;
(6) the date of previous collection;
(7) income number at commencement of reporting period;
(8) income number at the end of the reporting period;
(9) beginning payout number;
(10) ending payout number;
(11) refunds;
(12) gross profit;
(13) the percentage of net profits divided between owner and
location."
*E. Section 12-21-2804 of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"Section 12-21-2804. (A) No person shall apply for, receive,
maintain, or permit to be used, and the department shall not allow
to be maintained, permits or licenses for the operation of more
than eight machines authorized under Section 12-21-2720(A)(3) at a
single place or premises. The department shall revoke the licenses
of machines located in an establishment which fails to meet the
requirements of this section. No license may be issued for a
machine in an establishment in which a license has been revoked for
a period of six months from the date of the revocation. The term
`gross proceeds' from the machines means the establishment's
portion.
(B) No person who maintains a place or premises for the operation
of machines licensed under Section 12-21-2720(A)(3) may advertise
in any manner for the playing of the machines nor may a person
offer or allow to be offered any special inducement to a person for
the playing of machines permitted under Section
12-21-2720(A)(3).
(C) No person under twenty-one years of age may receive a payout
as a result of the operation of the machines licensed under Section
12-21-2720(A)(3).
(D) No owner, operator, or marketer may be issued a permit by the
department for machines pursuant to Section 12-21-2720(A)(3) unless
the owner, operator, or marketer has been a resident of the State
for two years. The department shall require a statement of
residency to be filed with the department as part of the
application process for permits issued under Section
12-21-2720(A)(3) on forms and in a manner the department considers
appropriate.
(E) It is unlawful to operate machines licensed under Section
12-21-2720(A)(3) between the hours of two o'clock a.m. Sunday
morning and six o'clock a.m. Monday morning.
(F) A person violating subsections (A), (B), (D), or (E) of this
section is subject to a fine of up to five thousand dollars to be
imposed by the department. The department, upon a determination
that the violation is wilful, may refer the violation to the
Attorney General or to the appropriate circuit solicitor for
criminal prosecution, and, upon conviction, the person must be
fined not more than ten thousand dollars or imprisoned not more
than two years, or both. The department shall revoke the licenses
of any person issued pursuant to the provisions of Article 19 of
this chapter for a violation of subsection (C) of this section.
Revocation is pursuant to the procedures set forth in Section
12-54-90."
*F. Section 12-21-2791 of the 1976 Code is repealed.
G. Section 12-21-2782 of the 1976 Code, as added by Section 19A, Part II of Act 164 of 1993, is amended to read:
"Section 12-21-2782. (A)(1) The Department of Revenue and
Taxation shall promulgate rules and regulations regarding the types
of machines that may be licensed providing for minimum technical
standards for video game machines, including standards to ensure
that the games are random, have a minimum payback of at least
eighty percent, are secure and accountable, do not operate in a
misleading or deceptive manner, and are capable of interfacing with
a computerized monitoring system to be selected by the department.
The regulations may also provide for the payment of the cost
associated with the inspection and licensing of machines and
investigation and licensing of manufacturers and distributors in
the development of these technical standards. The department may
contract with a qualified laboratory for the inspection of machines
and may impose the cost of inspection upon the manufacturer or
distributor seeking approval of the machines. All video game
machines licensed in this State on or after June 1, 1998, must be
in compliance with all rules and regulations, including the minimum
technical standards.
(2) The technical standards established by the department must
be designed so as to maximize competition in the market place among
manufacturers of machines to be licensed by the department. Any
computerized monitoring system purchased, leased, or operated by
the department pursuant to subsection (B) must provide that all
game machines meeting the technical standards must be connected in
a non-discriminatory manner.
(B) The department may contract for the purchase, lease, or
operation of a computer monitoring system to which video game
machines must be connected no later than July 1, 1998. The system
shall provide for monitoring of the video game machines either
through the use of an on-line system or the use of a dial-up system
with cluster controllers, remote EPROM verification, ticket
validation, central registration of machines, daily collection of
accounting and security data, and the ability to disable a machine
in the event of a violation of any material rule or regulation,
such violation having been determined to have occurred after a
hearing or an opportunity for a hearing pursuant to the
Administrative Procedures Act. Any system used by the department
must be compatible for connection with any machine that meets the
technical requirements established by the department."
*H. Section 12-21-2720 of the 1976 Code, as last amended by Section 39, Part II, Act 497 of 1994, is further amended by adding an appropriately lettered subsection to read:
"( ) The license fees permitted by subsections (B) and (D) may be imposed in addition to applicable local business license fees on gross income as authorized by statute."
I. This section takes effect July 1, 1995.
SECTION 68
TO AMEND SECTION 58-3-100, AS AMENDED, OF THE 1976 CODE, 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.
A. Section 58-3-100 of the 1976 Code, as last amended by Section 12A, Part II of Act 497 of 1994, is further amended to read:
"Section 58-3-100. The expenses of the Transportation Department
of the Public Service Commission, with the exception of the
expenses incurred in its railway jurisdiction, must be borne by the
revenues from license fees derived pursuant to Sections 58-23-530
through 58-23-630, and assessments to the carriers of household
goods and hazardous waste for disposal carriers. The expenses of
the railway section of the Public Service Commission must be borne
by the railroad companies subject to the Public Service
Commission's jurisdiction according to their gross income from
operations in this State.
Except as specifically provided above, in Sections 58-5-940 and
58-27-50, all other expenses of the Public Service Commission must
be borne by the public utilities as defined in Section 58-5-10,
telephone utilities as defined in Section 58-9-10, and electric
utilities as defined in Section 58-27-10 under the commission's
jurisdiction. On or before the first day of July in each year, the
Department of Revenue and Taxation shall assess each utility
company, railway company, household goods carrier, and hazardous
waste for disposal carrier its proportion of the expenses in
proportion to its gross income from operation in this State in the
year ending on the thirtieth day of June preceding that on which
the assessment is made which is due and payable on or before July
fifteenth. The assessments must be charged against the companies
by the Department of Revenue and Taxation and collected by the
Department of Revenue and Taxation in the manner provided by law
for the collection of taxes from the companies including the
enforcement and collection provisions of Article 1, Chapter 54 of
Title 12 and paid, less the Department of Revenue and Taxation's
actual incremental increase in the cost of administration into the
State Treasury as other taxes collected by the Department of
Revenue and Taxation for the State.
The Public Service Commission shall certify to the South Carolina
Department of Revenue and Taxation annually on or before May first
the amounts to be assessed.
The commission shall operate as an other-funded agency."
B. This section takes effect May 1, 1996.
SECTION 69
TO AMEND TITLE 51 OF THE 1976 CODE, 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.
Title 51 of the 1976 Code is amended by adding:"CHAPTER 22
Legacy Trust Fund
Section 51-22-10. The General Assembly finds that:
(1) there is a critical need to preserve and acquire the state's
sensitive and pristine ecological and recreational resources and
sites, as well as the state's natural and historical resources and
sites, and there is a need to continue to develop and fund state
parks and other outdoor recreational facilities for the state's
citizens and out-of-state visitors;
(2) a planning, acquisition, and funding mechanism must be
established to meet future preservation, acquisition, and
development of natural resource needs in South Carolina;
(3) innovation and cooperation among parties and agencies
interested in conservation, preservation, and recreation must be
promoted to continue the high quality of life of this State;
and
(4) funding must be available on a yearly basis to implement
these objectives and to match funds for private, nonpublic
sources.
Section 51-22-20. There is created the Legacy Trust Fund which shall consist of all monies appropriated or transferred to it, all donations, matching funds, and all interest earned on such monies which shall be retained in the fund and used for its stated purposes. The revenues from the Legacy Trust Fund may be matched by public funds, private funds, in-kind contributions, and other funding sources. The title to land as an in-kind contribution must be in fee or as an easement to a governmental or nonprofit entity. The Legacy Trust Fund shall make available funds to acquire sensitive ecological resources and to preserve and renovate or restore historic sites. The funds shall further be used for the development of existing and future state parks and Heritage Preserves and to protect habitat for plant and animal species considered endangered by the Department of Natural Resources and to acquire or develop, or both, resource-based recreational projects and facilities within the State.
Section 51-22-30. (A) There is created a fifteen-member board of
directors, thirteen of which shall be appointed by the Governor.
The Governor shall appoint two board members from each
congressional district and one board member from the State at
large, who shall serve as the chairman. Six board members shall be
appointed for two-year terms, and seven board members shall be
appointed for four-year terms. Subsequent to the initial two-year
terms, all terms shall be for four years, and members shall serve
until their successors are appointed and qualify. In addition,
notwithstanding the provisions of Section 8-13-770, the Chairman of
the Senate Finance Committee and the Chairman of the House Ways and
Means Committee, or their designees, shall serve as members of the
board. The Governor must exercise due diligence in appointing a
chairman and board members with backgrounds and experience in
conservation, preservation, or recreation, or a combination
thereof.
(B) The board of directors shall:
(1) establish criteria and requirements to determine funding
guidelines and funding decisions including the requirement of a
commitment to preservation, conservation, and recreation;
(2) decide, based on those criteria and requirements, which
entities may receive funding from the Legacy Trust Fund;
(3) give primary consideration to projects, acquisitions, and
restorations that demonstrate cooperative efforts among eligible
agencies and organizations, including joint matching funding, joint
administrative duties, and projects that serve several
interests;
(4) submit an annual report to the General Assembly and the
Budget and Control Board which must include a list of the funding
recipients, a description of the projects, and a description of the
benefits brought about as a result of the funding.
(C) The Legacy Trust Fund shall be a part of the Governor's
Office. Staff shall be appointed by the board upon consent of the
Governor to carry out the purposes of this chapter. The staff
shall be paid with monies from the Legacy Trust Fund. The staff
shall report to the board of directors and the Governor.
Section 51-22-40. The state auditor shall perform an annual analysis and audit of the Legacy Trust Fund.
Section 51-22-50. The following entities are eligible for project
consideration and grants from the Legacy Trust Fund:
(1) Department of Natural Resources;
(2) Department of Parks, Recreation and Tourism;
(3) Department of Archives and History;
(4) South Carolina Institute of Anthropology and
Archaeology;
(5) nonprofit eleemosynary organizations exempt under Internal
Revenue Code Section 501(c)(3); and
(6) local governments or political subdivisions including
counties, municipalities, and special purpose districts.
Section 51-22-60. (A) Eligible organizations shall acquire
properties or projects and maintain title and other interest in
acquired properties. The Legacy Trust Fund may not hold any
interest or title in any parcel of land. (B)To be eligible to be
considered for funds from the Legacy Trust Fund, the recipient
entity must:
(1) demonstrate the ability to complete the project and the
ability to acquire and maintain the property after the project has
been completed;
(2) acquire a full fee title in acquisition of land and property
projects unless:
(a) the project results in an easement for a valid
conservation and preservation or recreation purpose, in which case
the partial title or easement shall be transferred to the recipient
entity; or
(b) the project is part of a landowner incentive program for
endangered species habitat conservation administered by the
Department of Natural Resources;
(3) demonstrate the ability to pay costs associated with
developing recreational and public use lands associated with funded
projects;
(4) pay costs, if applicable, of renovation or restoration, or
both or pay remaining costs of renovation or restoration through
public and private funds or both, if funds are provided for
renovations or restorations or both, of publicly or privately owned
properties considered historic by the Department of Archives and
History;
(5) maintain all records on funded projects including, but not
limited to, inventory, surveys, costs, contracts, and other natural
resources programs which may be eligible for grants from the Legacy
Trust Fund; and
(6) maintain all funded properties and projects in good
order."
SECTION 70 DELETED
SECTION 71
TO AMEND THE 1976 CODE 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; AND TO AMEND THE 1976 CODE 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.
A. Article 5, Chapter 31, Title 12 of the 1976 Code is amended by adding:
"Section 12-31-415. For the purpose of this chapter, a motor carrier as defined in Section 12-31-10 which operated one hundred percent of its miles within the boundaries of this State is exempt from the provisions of this chapter."
B. All accounts receivable outstanding as a result of penalties levied under Chapter 31 of Title 12 of the 1976 Code against any motor carrier exempted in Section 12-31-415 of the 1976 Code as added by this section must be removed from the taxpayer's record effective January 1, 1996.
C. Article 1, Chapter 31, Title 12 of the 1976 Code is amended by adding:
"Section 12-31-60. 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 the International Fuel Tax Agreement."
D. This section takes effect January 1, 1996.
SECTION 72
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 11-1-110. The State Budget and Control Board is
authorized 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, provided that these obligations
must 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 must be secured solely by a pledge of these
revenues and, at the option of the State Budget and Control Board,
a mortgage of these facilities; provided, further, that the
issuance and the sale of the bonds, notes, or other obligations
provided for in this section are subject to the review of the Joint
Bond Review Committee."
SECTION 73
TO AMEND SECTION 44-7-84, AS AMENDED, OF THE 1976 CODE, 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.
A. Section 44-7-84 of the 1976 Code, as last amended by Part II, Section 53A, Act 501 of 1992, is further amended to read:
"Section 44-7-84. (A) In the annual appropriations act, the
General Assembly shall establish the maximum number of Medicaid
patient days for which the department is authorized to issue
Medicaid nursing home permits. The State Department of Health and
Human Services shall provide the number of Medicaid patient days
available to the department within thirty days after the effective
date of the annual appropriations act.
(B) Based on a method the department develops for determining the
need for nursing home care for Medicaid patients in each area of
the State, the department shall determine the distribution of
Medicaid patient days for which Medicaid nursing home permits can
be issued. Nursing homes holding a Medicaid nursing home permit
must be allocated Medicaid days based on their current allocation
and available funds. Requests for days must be submitted to the
department no later than June fifteenth each year. The application
must state the specific number of Medicaid patient days the nursing
home will provide. If a nursing home requests fewer days than the
previous year, those days first must be offered to the facilities
within the same county currently holding a Medicaid nursing home
permit. However, if Medicaid patient days remain available after
being offered to those nursing homes currently holding a Medicaid
patient days permit in that county, then existing nursing homes
with a restricted Certificate of Need, within the same county, may
apply for a Medicaid nursing home permit to receive the Medicaid
patient days remaining available. Following the initial allocation
of Medicaid patient days, any additional Medicaid patient days
available must be credited to a statewide pool and must be
available based on the percent of need indicated by the Community
Long Term Care waiting list. If a nursing home has provided fewer
Medicaid patient days than allowable under the Medicaid nursing
home permit program, the department may issue a Medicaid nursing
home permit for fewer days than requested in order to ensure that
the nursing home will serve the minimum number of Medicaid
patients. If a nursing home has its Medicaid patient days reduced,
the freed days first must be offered to other facilities in the
same county before being offered to other nursing homes in the
State. In addition, a nursing home that fails to provide at least
ten percent fewer days than the number stated in its permit is not
eligible to receive additional Medicaid patient days the next year.
The department shall analyze the performance of nursing homes that
are under the permit minimum for a fiscal year, including
utilization data from the State Department of Health and Human
Services, anticipated back days, delayed payments, CLTC waiting
list, and other factors considered significant by the department.
Based on this analysis, if the department determines that the
nursing home remains out of compliance, the nursing home must be
fined by the same percentages as provided for in Section 44-7-90
and is subject to having its Medicaid patient days reduced. A
nursing home which terminates its Medicaid contract must not be
penalized for not meeting the requirements of this section if the
nursing home was in compliance with its permit at the time of the
cancellation. However, if the maximum number of Medicaid patient
days authorized by the General Assembly is decreased, the nursing
home may be required to absorb a proportionate decrease in its
Medicaid patient days' allocation."
B. Section 44-7-90 of the 1976 Code, as added by Act 184 of 1987, is amended to read:
"Section 44-7-90. (A) Based on reports from the State Department
of Health and Human Services, the department shall determine each
nursing home's compliance with its Medicaid nursing home permit.
Violations of this article include:
(1) a nursing home exceeding by more than ten percent the number
of Medicaid patient days stated in its permit; (2)a nursing home
failing to provide at least ten percent fewer days than the number
stated in its permit;
(3) the provisions of any Medicaid patient days by a home
without a Medicaid nursing home permit.
(B) Each Medicaid patient day above or below the allowable range
is considered a separate violation. Fines for nursing homes out of
compliance with their Medicaid Nursing Home Permit for years before
July 1, 1995 are waived. After June 30, 1995, a nursing home that
exceeds by more than ten percent the number of Medicaid patient
days stated in its permit must be fined based on the number of
Medicaid patient days exceeding the permit days times their daily
Medicaid per diem times thirty percent. A nursing home that fails
to provide at least ten percent fewer days than the number stated
in its permit must be fined based on the number of Medicaid patient
days under the permit days times their daily Medicaid per diem
times thirty percent. A fine assessed against a nursing home must
be deducted from the nursing home's Medicaid reimbursement. Appeals
from this action must comply with the appropriate provisions of
Chapter 23 of Title 1."
C. This section takes effect July 1, 1995.
*SECTION 74
TO AMEND SECTION 14-1-200 OF THE 1976 CODE, 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.
Section 14-1-200 of the 1976 Code is amended to read:
"Section 14-1-200. The General Assembly shall establish the
salary of the Chief Justice and Associate Justices of the Supreme
Court in the annual general appropriation act and shall fix the
salaries for the Court of Appeals, Circuit Court, Family Court, and
circuit solicitors according to the following schedule:
(1) The Chief Judge of the Court of Appeals shall receive a
salary in an amount not to exceed ninety-nine percent of the salary
fixed for Associate Justices of the Supreme Court; (2)Judges of the
Court of Appeals, Circuit Court Judges, and circuit solicitors
shall receive a salary in an amount not to exceed ninety-five
percent of the salary fixed for Associate Justices of the Supreme
Court;
(3) Judges of the Family Court shall receive a salary in an
amount not to exceed ninety percent of the salary fixed for Judges
of the Court of Appeals and Circuit Court."
SECTION 75
TO AMEND SECTION 61-9-312 OF THE 1976 CODE, 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.
A. Section 61-9-312 of the 1976 Code, as added by Section 55A, Part II, Act 164 of 1993, is amended to read:
"Section 61-9-312. In counties or municipalities where temporary permits are authorized to be issued pursuant to Section 61-5-180, in lieu of the retail permit fee required pursuant to Section 61-9-310, a retail dealer otherwise eligible for the retail permit under that section may elect to apply for a special version of that permit which allows sales for off-premises consumption without regard to the restrictions on the days or hours of sales provided in Sections 61-9-90, 61-9-100, 61-9-110, and 61-9-130. The annual fee for this special retail permit is one thousand dollars. Revenue generated by the fees must be credited to the general fund of the State except that revenue generated by the fees within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by three thousand or more jobs after December 31, 1990, for a period of ten years after the effective date of Chapter 12 of Title 31, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31. All other requirements for retail permits provided in Section 61-9-310 apply to the special permits authorized by this section."
B. This section takes effect July 1, 1995.
SECTION 76
TO AMEND SECTION 44-11-10 OF THE 1976 CODE, RELATING TO STATE MENTAL HEALTH FACILITIES, SO AS TO REVISE THE USE OF CERTAIN FACILITIES.
Section 44-11-10(1) of the 1976 Code is amended to read:
"(1) Those inpatient facilities as authorized by the Department of Mental Health and funded by legislative appropriations, including facilities for the evaluation and treatment of mentally ill persons, facilities for the evaluation and treatment of chemically dependent persons, and long-term care facilities;"
SECTION 77
TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, 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.
A. Section 12-27-400(D) of the 1976 Code, as last amended by Section 17A, Part II of Act 497 of 1994, is further amended to read:
"(D) The funds allocated to the county also may be used to issue county bonds or state highway bonds as provided in subsection (J), pay directly for appropriate highway projects, including engineering, contracting, and project supervision, and match federal funds available for appropriate projects. Expenditures must be documented on a per-project basis upon the completion of each project in reports to the respective county transportation committees. This documentation must be provided by the agency or local government actually expending the funds and it shall include a description of the completed project and a general accounting of all expenditures made in connection with the project. These reports then must be forwarded by each county transportation committee to the department and the department shall compile these reports into an annual statewide report to be submitted to the General Assembly by the second Tuesday of January of each year. The documentation and reporting requirements of this subsection apply only to counties which withdraw `C' funds from the State Treasurer's office."
B. This section takes effect July 1, 1995.
SECTION 78 DELETED
SECTION 79
TO AMEND THE 1976 CODE 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; AND TO REPEAL CHAPTER 47 OF TITLE 48 OF THE 1976 CODE, RELATING TO THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT.
A. Chapter 48, Title 48 of the 1976 Code is amended by adding:
"Section 48-48-140. (A) There is imposed a tax of two hundred
thirty-five dollars a cubic foot on each cubic foot of low-level
radioactive waste disposed of in this State. The revenues
resulting from the provisions of this section must be used for the
South Carolina Educational Assistance Endowment Fund as reflected
in appropriations to the State Treasurer in Part I, Section 10 of
the 1995-96 general appropriations act and as thereafter provided,
except as provided in Subsection (C).
(B) The owner or operator of a low-level radioactive waste
disposal facility no later than thirty days following the end of
each quarter shall submit the following to the South Carolina
Department of Revenue and Taxation:
(1) a report detailing the quantity and type of waste disposed
of during the previous calendar quarter; and
(2) a check made payable to the South Carolina Department of
Revenue and Taxation for the amount of the tax imposed in (A)
above.
(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. 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 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.
(D) For purposes of this section `low-level radioactive waste'
means property delivered to the low-level radioactive waste
disposal facility in Barnwell County for long-term disposal. It
does not include materials consumed or disposed of arising out of
the operation of the facility.
(E) The tax imposed by this section is calculated by multiplying
the amount of the tax imposed on a cubic foot by the cubic foot
amount specified in the permits required by the South Carolina
Department of Health and Environmental Control and submitted at the
time of delivery of the low-level radioactive waste."
B. Section 48-48-80 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 48-48-80. (A) The Governor shall appoint a Low-Level
Radioactive Waste Compact Negotiating Committee. The committee
shall be composed of seven members appointed by the Governor, three
who shall be from the State at large, two who shall be members of
the South Carolina Senate recommended by the President Pro Tempore
of the Senate, and two who shall be members of the South Carolina
House of Representatives recommended by the Speaker. The committee
shall negotiate with representatives of other states to establish
a new low-level radioactive waste management compact, subject to
the following requirements:
(1) the committee shall only negotiate with states that have
demonstrated a commitment to the compacting process and that have
made substantial progress in implementing that process and who have
passed an act authorizing representatives to enter compact
negotiations;
(2) the State, as the initial host state, must have ultimate
authority over access to the Barnwell facility and the terms and
conditions for such access;
(3) the Compact Commission, subject to approval by the South
Carolina representatives on the commission, must have authority to
negotiate contracts with other states and with individual
generators directly; and
(4) the compact must provide for an appropriate host fee to be
paid to Barnwell County.
(5) the compact must be ratified by a joint resolution of the
General Assembly.
(B) In accordance with Section 13-7-30, the State Budget and
Control Board, or its designee, is responsible for extended custody
and maintenance of the Barnwell site following closure and license
transfer from the facility operator. The department is responsible
for continued site monitoring.
(C) Nothing in this section must be construed to alter or
diminish the existing statutory authority of the department to
regulate activities involving radioactive materials and radioactive
wastes.
(D) No low-level radioactive waste generated within the State of
North Carolina may be disposed of at a facility located in this
State."
C. Notwithstanding the distribution provisions of Section 48-48-140(C) of the 1976 Code as added by this section, an amount equal to forty dollars a cubic foot of waste disposed of in this State from July 1, 1995, through December 31, 1995, originating from generators in the Southeast region must be allocated to the general fund of the State.
D. Chapter 47, Title 48 of the 1976 Code is repealed.
SECTION 80
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 59-1-443. All schools shall provide for a minute of mandatory silence at the beginning of each school day."
SECTION 81
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 59-101-335. 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. 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."
SECTION 82
TO AMEND TITLE 59 OF THE 1976 CODE, 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.
Title 59 of the 1976 Code is amended by adding:"CHAPTER 143
Educational Assistance Endowment Fund
Section 59-143-10. There is hereby established the South Carolina Educational Assistance Endowment Fund. The revenue received pursuant to Section 48-48-140(C) must be deposited by the State Treasurer in a fund separate and distinct from the state general fund entitled the `Educational Assistance Endowment Fund'. All interest or income earned by the fund shall be retained in the fund and used for its stated purposes which are to provide funding for Public School Facilities Assistance and Higher Education Scholarship Grants. It is the intent of the General Assembly that in creating this endowment that its funds be managed so as to establish and fund these programs permanently. Upon receipt of monies transferred to the Endowment Fund by the State Treasurer, thirty percent of these monies must be allocated to Higher Education Scholarship Grants and seventy percent must be allocated to Public School Facility Assistance. Earnings on each allocation shall accumulate for the benefit of that particular program. For purposes of the allocation to Higher Education Scholarship Grants, the Budget and Control Board shall release a minimum of ten million dollars annually beginning with the 1996-97 fiscal year.
Section 59-143-20. The board in its discretion may accumulate the principal and income of each program's funds, may disburse a portion or all of each program's annual or accumulated principal or income, and may for purposes of Public School Facilities Assistance cause to be issued revenue bonds as provided by law the debt service on which may be paid from that program's funds. All principal and income of each program's funds may be carried forward from fiscal year to fiscal year and used for that program's purposes."
SECTION 83 DELETED
SECTION 84 DELETED
SECTION 85
TO AMEND SECTION 14-5-610, AS AMENDED, OF THE 1976 CODE, 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.
A. The third paragraph of Section 14-5-610 of the 1976 Code, as last amended by Act 610 of 1990, is further amended to read:
"In addition to the above judges authorized by this section, there must be thirteen additional circuit judges elected by the General Assembly from the State at large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 13 respectively."
B. Section 14-8-10 of the 1976 Code is amended to read:
"Section 14-8-10. There is hereby created the Court of Appeals (the Court), which shall be a part of the unified judicial system. The Court shall consist of a Chief Judge and eight associate judges."
C. Section 14-8-80 of the 1976 Code is amended to read:
"Section 14-8-80. (a) The Court shall sit in three panels of
three judges each. However, nothing in this section may be
construed to prevent the Court from sitting as a whole.
(b) The Chief Judge is responsible for the administration of the
Court, subject to the provisions of Article V, Section 4 of the
Constitution of this State. The Chief Judge shall assign the
members of the panels and shall systematically rotate and
interchange the members of the panels in accordance with rules
promulgated by the Supreme Court. The Chief Judge shall preside
over the panel of which he is a member and in his absence the judge
senior in service and present shall preside. The judge senior in
service and present on the other panel shall preside over the other
panel. For the five associate judges whose terms begin on July 1,
1985, the determination of their length of service shall be based
on their order of election, with the associate judge who is elected
first being the associate judge senior in service; provided,
however, that seniority among the judges on an interim Court of
Appeals shall continue on the permanent Court of Appeals
established by the provisions of this chapter and service on that
Court shall be included in determining the length of service on the
Court herein established.
(c) Cases must be distributed between the three panels by the
Chief Judge in accordance with rules promulgated by the Supreme
Court; however, the Chief Judge may transfer cases from one panel
to the other in order to maintain approximately equal caseloads for
the three panels.
(d) On a panel, three judges shall constitute a quorum, and the
concurrence of a majority of the judges is necessary for the
reversal of the judgment below."
D. Section 14-8-90 of the 1976 Code is amended to read:
"Section 14-8-90. (a) The Court may sit en banc to hear cases
upon:
(1) petition by a party filed in accordance with rules
promulgated by the Supreme Court if the petition is granted by six
judges of the Court; or
(2) its own motion agreed to by six judges of the Court.
(b) When the Court sits en banc, six of the judges constitute a
quorum and a concurrence of six of the judges is necessary for a
reversal of the judgment below. The Chief Judge shall preside, and
in his absence the judge senior in service and present shall
preside."
E. Section 20-7-1410 of the 1976 Code is amended to read:
"Section 20-7-1410. The General Assembly shall elect a number of
Family Court Judges from each judicial circuit as follows:
First Circuit Two Judges
Second Circuit Two Judges
Third Circuit Three Judges
Fourth Circuit Three Judges
Fifth Circuit Four Judges
Sixth Circuit Two Judges
Seventh Circuit Three Judges
Eighth Circuit Three Judges
Ninth Circuit Five Judges
Tenth Circuit Three Judges
Eleventh Circuit Three Judges
Twelfth Circuit Three Judges
Thirteenth Circuit Five Judges
Fourteenth Circuit Three Judges
Fifteenth Circuit Three Judges
Sixteenth Circuit Two Judges
In the following judicial circuits at least one Family Court Judge
must be a resident of each county in the circuit: fifth, seventh,
ninth, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In
those judicial circuits made up of three or more counties at least
one Family Court Judge must be a resident of one of the counties
which does not have the largest population in the circuit.
No county in the sixth circuit shall have more than one resident
Family Court Judge."
F. (a) The terms begin February 1, 1996, for the Circuit Court
Judges, Associate Judges of the Court of Appeals, and the Family
Court Judges as added by the amendments to Sections 14-5-610,
14-8-10, and 20-7-1410, respectively, of the 1976 Code, as
contained in this section.
(b) The term of the Associate Judge of the Court of Appeals
initially elected to:
(1) Seat 7 is for six years;
(2) Seat 8 is for four years;
(3) Seat 9 is for two years.
All subsequent terms for the Associate Judges of the Court of
Appeals as added by this section are as provided for in Title 14,
Chapter 8 of the 1976 Code.
*SECTION 86
TO AMEND SECTIONS 12-51-40, AS AMENDED, AND 12-51-120 OF THE 1976
CODE, 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.
A. Section 12-51-40(b) of the 1976 Code is amended to read:
"(b) If the taxes remain unpaid after thirty days from the date of mailing of the delinquent notice, or as soon thereafter as practicable, take exclusive possession of so much of the defaulting taxpayer's property as is necessary to satisfy the payment of the taxes, assessments, penalties, and costs may be taken. In the case of real property, exclusive possession is taken by mailing a notice of delinquent property taxes, assessments, penalties, and costs to the defaulting taxpayer at the address shown on the tax receipt or to a more correct address known to the officer, by `certified mail, return receipt requested- restricted delivery'. In the case of personal property, exclusive possession is taken by mailing the notice of delinquent property taxes, assessments, penalties, and costs to the person at the address shown on the tax receipt or to a more correct address known to the officer. All delinquent notices shall specify that if the taxes, assessments, penalties, and costs are not paid on or before a subsequent sales date, the property must be duly advertised and sold for delinquent property taxes, assessments, penalties, and costs. The return receipt of the `certified mail' notice is equivalent to `levying by distress'."
B. Section 12-51-120 of the 1976 Code is amended to read:
"Section 12-51-120. Neither more than forty-five days nor less than twenty days prior to the end of the redemption period for real estate sold for taxes, the person officially charged with the collection of delinquent taxes shall mail a notice by `certified mail, return receipt requested- restricted delivery' to the owner of record immediately preceding the end of the redemption period at the best address of the owner available to the person officially charged with the collection of delinquent taxes that the real property described on the notice has been sold for taxes and if not redeemed by paying taxes, assessments, penalties, costs and eight percent interest on the bid price in the total amount of --- dollars on or before ---- (twelve months from date of sale)
(date) -----,
a tax title will be delivered to the successful purchaser at the tax sale. Under this chapter, the return of the certified mail `undelivered' is not grounds for a tax title to be withheld or be found defective and ordered set aside or canceled of record."
SECTION 87
TO AMEND SECTION 1-11-140, AS AMENDED, OF THE 1976 CODE, 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.
Section 1-11-140(D) of the 1976 Code, as last amended by Act 380 of 1994, is further amended to read:
"(D) The State Budget and Control Board, through the Office of Insurance Services, also is authorized to offer insurance to governmental hospitals and any subsidiary of or other entity affiliated with the hospital currently existing or as may be established; and chartered, nonprofit, eleemosynary hospitals and any subsidiary of or other entity affiliated with the hospital currently existing or as may be established in this State so as to protect these hospitals against tort liability. Notwithstanding any other provision of this section, the procurement of tort liability insurance by a hospital and any subsidiary of or other entity affiliated with the hospital currently existing or as may be established supported wholly or partially by public funds contributed by the State or any of its political subdivisions in the manner herein provided is not the exclusive means by which the hospital may procure tort liability insurance."
SECTION 88
TO AMEND SECTION 40-43-230, AS AMENDED, OF THE 1976 CODE, RELATING TO LICENSURE OF PHARMACISTS, SO AS TO SET THE FEE FOR LICENSURE RENEWAL AT SEVENTY DOLLARS.
A. Section 40-43-230 (B) and (C) of the 1976 Code, as last amended by Act 499 of 1990, is further amended to read:
"(B) The board, upon application and payment of the applicable
renewal fee of seventy dollars, may issue an inactive status
license to a licensed pharmacist who is not actively engaged in the
practice of pharmacy in this State, pursuant to this chapter. The
pharmacist's license renewal certificate must be prominently marked
as an inactive license, and the holder may not practice pharmacy
under any conditions in this State. If the pharmacist wishes to
reactivate the license, he shall complete the required continuing
education for license renewal, plus an additional fifteen hours
which must have been obtained during the calendar year immediately
preceding the reactivation.
(C) Failure to renew a license by the required date, but before
February first, results in the assessment of a fifty dollar penalty
in addition to the seventy dollar renewal fee. After February
first, a license which has not been renewed is considered a lapsed
license. A person who practices pharmacy with a license that has
lapsed is considered as practicing without a license.
Reinstatement of a lapsed license may be granted upon (1) evidence
satisfactory to the board of good and sufficient grounds for the
failure to renew the license within the prescribed period and (2)
payment of the seventy dollar renewal fee and a penalty of fifty
dollars."
B. This section takes effect July 1, 1995.
SECTION 89
TO AMEND SECTION 12-10-40 OF THE 1976 CODE, 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.
Section 12-10-40 of the 1976 Code, as added by Act 32 of 1995, is amended to read:
"Section 12-10-40. Annually, by December thirty-first, using the
most current data available, the State Budget and Control Board
shall designate the enterprise zones within this State as provided
in this section. Each enterprise zone must be located in this
State and meet one of the following criteria:
(1) consist of a census tract in which either the median
household income is eighty percent or less of the state average, or
at least twenty percent of households are below the poverty level
according to the most recent United States census;
(2) consist of a county classified as less developed pursuant to
Section 12-7-1220; (3) be located in a federal military base or
installation which was closed, or designated to be closed, or in a
federal facility in which the permanent employment was reduced by
three thousand or more jobs after December 31, 1990;
(4) consist of a census tract with at least one hundred
manufacturing jobs, at least fifty percent of which are textile and
apparel jobs;
(5) consist of a census tract where a manufacturing facility has
closed or experienced permanent layoffs and notified the Employment
Security Commission under the federal Worker Adjustment and
Retaining Notification (WARN) Act of 1988. The enterprise zone
designation applies only for five years after the date of closure
or layoff, and the number of jobs permanently lost must equal
twenty-five percent or more of the total manufacturing workforce in
the tract at the time the layoff occurred. The job loss shall have
occurred no more than five years prior to the effective date of
this chapter, except in any census tract where a catastrophic loss
of one thousand or more jobs from a single employer has occurred
since 1980 and fewer than half the job losses have been replaced.
Any such tract will remain an enterprise zone until at least half
the catastrophic job losses have been replaced. Where a
municipality in which the catastrophic job loss occurred is split
by census tracts, each tract containing any part of the
municipality meets the catastrophic job loss criteria;
(6) consist of a census tract, any part of which is within twenty
miles of a federal facility that has reduced its permanent civilian
employment by three thousand or more jobs after December 31, 1990,
for ten years after the effective date of this chapter;
(7) consist of a census tract in which a penal institution
operated by the South Carolina Department of Corrections has
closed; or
(8) consist of a research park established pursuant to Section
13-17-30 while the park is operated or controlled by the South
Carolina Research Authority."
*SECTION 90
TO AMEND SECTION 44-93-170, AS AMENDED, OF THE 1976 CODE, 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.
A. Section 44-93-170 of the 1976 Code, as last amended by Part II,
Section 30, Act 497 of 1994, is further amended to read:
"Section 44-93-170. The department shall establish an
Infectious Waste Contingency Fund to ensure the availability of
funds for response actions necessary at permitted infectious waste
treatment facilities and necessary from accidents in the
transportation of infectious waste and to defray the cost of
governmental response actions associated with infectious waste.
After funding of the Infectious Waste Program Fund, as provided for
in Section 44-93-165, the Infectious Waste Contingency Fund must be
financed by the remaining fees imposed pursuant to Section
44-93-160. The fees credited to the Infectious Waste Contingency
Fund must be allocated as follows: an amount equal to two-thirds of
the fees must be deposited into the fund and an amount equal to
one-third of the fees must be held in a separate and distinct
account within the fund for the purpose of being returned to
Hampton County. When the amount of fees held in the Infectious
Waste Contingency Fund meets or exceeds three hundred thousand
dollars, all subsequent fees credited to the Infectious Waste
Contingency Fund must be placed into the separate and distinct
account within the fund for Hampton County. Interest earned by the
funds must be credited to the general fund of the State. Proceeds
of the county account returned to a county pursuant to this section
must be released by the State Treasurer upon the written request of
a majority of the legislative delegation of the recipient
county."
B. This section takes effect July 1, 1995.
SECTION 91
TO AMEND SECTIONS 6-25-35 AND 6-25-100 OF THE 1976 CODE, 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.
A. Section 6-25-35 of the 1976 Code is amended to read:
"Section 6-25-35. Any reference to project purposes in this chapter pertaining specifically to water include the purposes as provided in item (c) of Sections 6-25-20 and 6-25-25 and any power or authority provided for in this chapter to a joint system or any of its members may be exercised with respect to any of the purposes or projects."
B. Section 6-25-100(n) of the 1976 Code is amended to read:
"(n) To borrow money and issue bonds or notes of the joint system to be paid solely from revenues of the system. No bonds or notes shall be issued except with the approval of the governing body of each member, by resolution or ordinance of the governing body of each member; provided, however, that the requirements of this item will be satisfied and no further action is required with respect to any bonds or notes issued to a finance project which has been approved by the governing bodies of each member as provided in Section 6-25-110; and provided further that the approval of any notes or bonds under this chapter shall include any issuance in one or more series and any refunding or refinancing of them so that only the original issuance of the debt must be approved."
SECTION 92
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 58-1-65. (A) The General Assembly finds: (1)The use of
South Carolina public water impoundments for federally regulated
hydroelectric projects are being endangered due to the uncontrolled
growth of aquatic weeds.
(2) In an effort to manage aquatic weeds in the impoundments,
the Department of Natural Resources in conjunction with the owners
and operators of the water impoundments for federally regulated
hydroelectric projects have developed programs to combat the growth
of aquatic weeds. These programs are funded in part by revenue
appropriated to the Department of Natural Resources in Part 1,
Section 47 of the 1995-96 general appropriations act, by revenue of
certain federal programs, and by contributions by the owners and
operators of the federally regulated hydroelectric projects.
However, the programs are exclusively managed and controlled by the
Department of Natural Resources.
(3) In order to continue the program, the owners and operators
must have protection from actions by the Department of Natural
Resources for any liability which they may incur due to the actions
of the department or its agents. Therefore, the State in this
section is enacting a hold harmless statute for the owners and
operators of the water impoundments for federally regulated
hydroelectric projects.
(B) 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 any and all 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. 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.
(C) The department shall use the funds appropriated to it in
fiscal year 1995-96 as referenced above to implement and give
effect to the provisions of this section in the manner it considers
appropriate."
SECTION 93
TO AMEND ARTICLE 1, CHAPTER 25, TITLE 57 OF THE 1976 CODE, 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.
Article 1, Chapter 25, Title 57 of the 1976 Code is amended by adding:
"Section 57-25-30. (A) Bus shelters, including those on which
commercial advertisements are placed, may be erected and maintained
within the rights-of-way of public roads by the State. A bus
shelter located within the right-of-way of a state road shall
comply with all applicable requirements of the Department of
Transportation, Title 23 of the United States Code, and Title 23 of
the Code of Federal Regulations. A bus shelter located within the
right-of-way of a road other than a state road shall comply with
all applicable requirements of the municipality or county within
whose jurisdiction it is located.
(B) A person erecting a bus shelter shall obtain a permit for
each shelter location from the Department of Transportation. The
permit shall cost twenty-five dollars. Permit fees must be placed
in the department's trust fund and used for public transportation
purposes."
SECTION 94 DELETED
SECTION 95
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.
A. The General Assembly finds that some students, both male and female, benefit from attending a single-gender college. For these students, the opportunity to attend a single-gender college is a valuable experience, likely to lead to better academic and professional achievements. The General Assembly therefore adopts the findings of fact in U.S. v. Commonwealth of Virginia, 44 F.3d 1229, 1232, 1238 (4th Cir. 1995) that "single-gender education at the college level is beneficial to both sexes." Further, in that single-gender education is both beneficial and justifiable, the General Assembly finds that providing opportunities for students to attend a single-gender college fulfills an important and legitimate state objective, and therefore declares and stipulates that it is the public policy of the State to support the establishment and maintenance of single-gender programs of higher learning for both sexes. Single-gender offerings to both men and women need not be identical in form and detail, but should be designed to produce substantively comparable outcomes.
B. The General Assembly shall annually provide such funding as may be necessary, under the auspices of the Commission on Higher Education, to establish and maintain approved single-gender offerings.
C. This section takes effect upon approval of this act by the Governor, but shall be void and of no effect if the United States Supreme Court issues a ruling which reverses the holding in U.S. v. Commonwealth of Virginia, 44 F.3d 1229, 1232, 1238 (4th Cir. 1995).
SECTION 96 DELETED
SECTION 97 DELETED
*SECTION 98
TO AMEND SECTION 56-3-2150, AS AMENDED, AND SECTION 56-3-2170 OF THE 1976 CODE, 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.
A. Section 56-3-2150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-2150. The department may issue special motor vehicle license plates to mayors, members of municipal and county councils, and to county coroners of this State for private motor vehicles registered in their names. Only one plate may be issued to a mayor, councilman, or coroner. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly."
B. Section 56-3-2170 of the 1976 Code is amended to read:
"Section 56-3-2170. The license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made to and approved by the department. It is unlawful for a person to whom a plate has been issued to knowingly permit it to be displayed on any vehicle except the one authorized by the department. If a holder of the plate ceases to be a mayor, member of the municipal or county council, or county coroner, he shall return immediately the plate to the department."
SECTION 99 DELETED
SECTION 100 DELETED
SECTION 101
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.
The third paragraph of Section 9-11-140 of the 1976 Code is amended to read:
"Upon receipt of the proper proofs of death of an eligible member in service whose death was a natural and proximate result of an injury by external accident or violence incurred while undergoing a hazard peculiar to the member's employment while in the actual performance of duty, provided that the death was without wilful negligence on the part of the deceased and upon the finding and certification by the board that the death occurred, there must be paid to the member's surviving spouse, a pension of fifty percent of the member's compensation at the time of death. If there is no surviving spouse, or if the surviving spouse dies before the youngest child of the deceased member has attained the age of eighteen, the pension is paid to the children, divided in a manner as the board determines to continue for the benefit of the children until every child dies or attains the age of eighteen. If there is no surviving spouse or children under the age of eighteen years living at the death of the member, the pension must be paid to the member's surviving father or mother, or both, as the board may direct to continue for life. If the member at the time of his death does not leave a surviving spouse, or children under the age of eighteen, or surviving parents, no death benefit is payable under this section. The death benefit is payable apart and separate from the payment of any other benefits payable on the member's death pursuant to the provisions of Sections 9-11-110, 9-11-120, and 9-11-130."
SECTION 102
TO AMEND SECTION 12-37-450, AS AMENDED, OF THE 1976 CODE, 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.
A. Section 12-37-450(B) of the 1976 Code, as last amended by Act 137 of 1993, is further amended to read:
"(B) Counties and municipalities must be reimbursed for the revenue lost as a result of the business inventory tax exemption based on the 1987 tax year millage and 1987 tax year assessed value of inventories in the counties and municipalities. If an amount of reimbursement to a political subdivision within a county is attributable to a separate millage for debt service for any purpose, when that debt is paid, the appropriate reimbursement amount must be redistributed proportionately to the other separate millages levied by the political subdivision within the county for the 1987 tax year. Notwithstanding amounts appropriated for the inventory tax exemption reimbursement, there is appropriated annually from the general fund of the State whatever amount is necessary to reimburse fully all counties and municipalities the required amount. The Comptroller General shall make remittances of this reimbursement to counties and municipalities in four equal payments."
B. This section takes effect July 1, 1995.
SECTION 103 DELETED
SECTION 104
TO AMEND SECTION 12-36-60 OF THE 1976 CODE, 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.
A. Section 12-36-60 of the 1976 Code, as added by Act 612 of 1990, is amended to read:
"Section 12-36-60. `Tangible personal property' means personal property which may be seen, weighed, measured, felt, touched, or which is in any other manner perceptible to the senses. It also includes services and intangibles, including communications, laundry and related services, furnishing of accommodations and sales of electricity, the sale or use of which is subject to tax under this chapter and does not include stocks, notes, bonds, mortgages, or other evidences of debt. Tangible personal property does not include the transmission of computer database information by a cooperative service when the database information has been assembled by and for the exclusive use of the members of the cooperative service."
B. This section takes effect July 1, 1995.
SECTION 105
TO AMEND SECTION 12-36-910, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SALES TAX ON TANGIBLE PERSONAL PROPERTY, SO AS TO PROVIDE EXEMPTIONS FROM THE TAX AND DEFINE TERMS.
A. Section 12-36-910, as last amended by Act 361 of 1992, is further amended by adding an appropriately lettered subsection to read:
"( ) Notwithstanding other provisions in this article or Article 13, Chapter 36, of this title, the sales or use tax imposed by those articles does not apply to the gross proceeds accruing or proceeding from charges for or use of data processing. As used in this subsection, `data processing' means the manipulation of information furnished by a customer through all or part of a series of operations involving an interaction of procedures, processes, methods, personnel, and computers. It also means the electronic transfer of or access to that information. Examples of the processing include, without limitation, summarizing, computing, extracting, storing, retrieving, sorting, sequencing, and the use of computers."
B. This section takes effect July 1, 1995.
SECTION 106
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 2-3-25. Effective after July 1,1995, if a member of the General Assembly resigns or is expelled, he must repay any compensation he has received for that year on a pro rata basis, pro rated from the first day of the session in January each year through the end of the annual session. The Clerk of the Senate or the Clerk of the House of Representatives, as appropriate, shall request the repayment of the compensation paid. If the member does not repay the monies he has received within thirty days of the date of request by the clerk, the Comptroller General is authorized to deduct the appropriate amount from any retirement benefits the member may receive and remit this amount to the credit of the general fund of the State, pro rated from the first day of the session in January each year through the end of the annual session."
SECTION 107
TO AMEND SECTION 12-36-2680 OF THE 1976 CODE, 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.
A. Section 12-36-2680 of the 1976 Code, as added by Section 127A, Part II, Act 497 of 1994, is amended to read:
"Section 12-36-2680. The department shall prescribe an exemption certificate for use by persons purchasing items exempt pursuant to items (5), (6), (7), (16), (18), (23), (32), and (44) of Section 12-36-2120. This exemption certificate may be presented upon each purchase by the holder or the retailer may keep on file a copy of the certificate. When an exempt sale is made pursuant to a certificate on file, the purchaser must note on the purchase invoice the exempt items, state the items are to be used for exempt purposes. When the purchase order meets the requirements of this section, the liability for any tax determined to be due is solely on the purchaser."
B. This section applies with respect to a certificate maintained on file by a retailer for sales on or after January 1, 1995.
SECTION 108 DELETED
SECTION 109
TO AMEND SECTION 59-107-90 OF THE 1976 CODE, RELATING TO THE MAXIMUM AMOUNT OF OUTSTANDING STATE INSTITUTION BONDS, SO AS TO RAISE THE LIMIT FROM SIXTY TO NINETY MILLION DOLLARS.
Section 59-107-90 of the 1976 Code is amended to read:
"Section 59-107-90. Notwithstanding any other provision of this chapter, there must not be outstanding at any given time state institution bonds for all institutions in excess of ninety million dollars except that in computing this debt limitation, all bonds defeased pursuant to Section 59-107-200 must be deducted from the aggregate of state institution bonds outstanding at the time."
SECTION 110 DELETED
SECTION 111
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding:
"Section 59-127-75. Of the funds distributed pursuant to the higher education formula of the Commission on Higher Education, the Felton-Laboratory School at South Carolina State University shall receive each year one hundred percent of the funds it would have received for that year under the Education Finance Act, under the Education Improvement Act, and under aid to school districts-fringe benefits, as if it were a special school district. The calculation of the amount of funds which the Felton-Laboratory School is entitled to receive each year shall be made by the Department of Education."
SECTION 112 DELETED
SECTION 113
TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208 OF THE 1976 CODE, 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.
A. Section 14-1-206(C) of the 1976 Code, as added by Part II, Section 36B, Act 497 of 1994, is amended to read:
"(C) The State Treasurer shall deposit the assessments as
follows:
(1) 47.17 percent for programs established pursuant to Chapter
21 of Title 24 and the Shock Incarceration Program as provided in
Article 13, Chapter 13 of Title 24;
(2) 16.52 percent to the Department of Public Safety program of
training in the fields of law enforcement and criminal justice;
(3) .5 percent to the Department of Public Safety to defray the
cost of erecting and maintaining the South Carolina Law Enforcement
Hall of Fame. When funds collected pursuant to this item exceed
the necessary costs and expenses of the Hall of Fame operation and
maintenance as determined by the Department of Public Safety the
department may retain the surplus for use in its law enforcement
training programs;
(4) 16.21 percent to the Office of Indigent Defense for the
defense of indigents;
(5) 13.26 percent for the State Office of Victim Assistance;
(6) 5.34 percent to the general fund;
(7) 1.0 percent to the Attorney General's Office for a fund to
provide support for counties involved in complex criminal
litigation. For the purposes of this item, `complex criminal
litigation' means criminal cases in which the State is seeking the
death penalty and has served notice as required by law upon the
defendant's counsel and the county involved has expended more than
two hundred fifty thousand dollars for a particular case in direct
support of operating the Court of General Sessions and for
prosecution related expenses. The Attorney General shall develop
guidelines for determining what expenses are reimbursable from the
fund and shall approve all disbursements from the fund. Funds must
be paid to a county for all expenditures authorized for
reimbursement under this item except for the first one hundred
thousand dollars the county expended in satisfying the requirements
for reimbursement from the fund; however, money disbursed from this
fund must be disbursed on a `first received, first paid' basis.
When revenue in the fund reaches five hundred thousand dollars, all
revenue in excess of five hundred thousand dollars must be credited
to the General Fund of the State. Unexpended revenue in the fund
at the end of the fiscal year carries over and may be expended in
the next fiscal year."
B. Section 14-1-207(C) of the 1976 Code, as added by Part II, Section 36B, Act 497 of 1994, is amended to read:
"(C) The State Treasurer shall deposit the assessments as
follows:
(1) 35.12 percent for programs established pursuant to Chapter
21 of Title 24 and the Shock Incarceration Program as provided in
Article 13, Chapter 13 of Title 24;
(2) 22.49 percent to the Department of Public Safety program
of training in the fields of law enforcement and criminal
justice;
(3) .65 percent to the Department of Public Safety to defray
the cost of erecting and maintaining the South Carolina Law
Enforcement Hall of Fame. When funds collected pursuant to this
item exceed the necessary costs and expenses of the Hall of Fame
operation and maintenance as determined by the Department of Public
Safety the department may retain the surplus for use in its law
enforcement training programs;
(4) 20.42 percent for the State Office of Victim
Assistance;
(5) 8.94 percent to the general fund;
(6) 11.38 percent to the Office of Indigent Defense for the
defense of indigents;
(7) 1.0 percent to the Attorney General's Office for a fund
to provide support for counties involved in complex criminal
litigation. For the purposes of this item, `complex criminal
litigation' means criminal cases in which the State is seeking the
death penalty and has served notice as required by law upon the
defendant's counsel and the county involved has expended more than
two hundred fifty thousand dollars for a particular case in direct
support of operating the Court of General Sessions and for
prosecution related expenses. The Attorney General shall develop
guidelines for determining what expenses are reimbursable from the
fund and shall approve all disbursements from the fund. Funds must
be paid to a county for all expenditures authorized for
reimbursement under this item except for the first one hundred
thousand dollars the county expended in satisfying the requirements
for reimbursement from the fund; however, money disbursed from this
fund must be disbursed on a `first received, first paid' basis.
When revenue in the fund reaches five hundred thousand dollars, all
revenue in excess of five hundred thousand dollars must be credited
to the General Fund of the State. Unexpended revenue in the fund
at the end of the fiscal year carries over and may be expended in
the next fiscal year."
C. Section 14-1-208(C) of the 1976 Code, as added by Part II, Section 36B, Act 497 of 1994, is amended to read:
"(C) The State Treasurer shall deposit the assessments as
follows:
(1) 25.79 percent for programs established pursuant to Chapter
21 of Title 24 and the Shock Incarceration Program as provided in
Article 13, Chapter 13 of Title 24;
(2) 25.5 percent to the Department of Public Safety program of
training in the fields of law enforcement and criminal justice;
(3) .67 percent to the Department of Public Safety to defray
the cost of erecting and maintaining the South Carolina Law
Enforcement Hall of Fame. When funds collected pursuant to this
item exceed the necessary costs and expenses of the Hall of Fame
operation and maintenance as determined by the Department of Public
Safety the department may retain the surplus for use in its law
enforcement training programs;
(4) 19.06 percent for the State Office of Victim
Assistance;
(5) 6.97 percent to the general fund;
(6) 19.38 percent to the Office of Indigent Defense for the
defense of indigents;
(7) 1.63 percent to the Department of Mental Health to be
used exclusively for the treatment and rehabilitation of drug
addicts within the department's addiction center facilities;
(8) 1.0 percent to the Attorney General's Office for a fund to
provide support for counties involved in complex criminal
litigation. For the purposes of this item, `complex criminal
litigation' means criminal cases in which the State is seeking the
death penalty and has served notice as required by law upon the
defendant's counsel and the county involved has expended more than
two hundred fifty thousand dollars for a particular case in direct
support of operating the Court of General Sessions and for
prosecution related expenses. The Attorney General shall develop
guidelines for determining what expenses are reimbursable from the
fund and shall approve all disbursements from the fund. Funds must
be paid to a county for all expenditures authorized for
reimbursement under this item except for the first one hundred
thousand dollars the county expended in satisfying the requirements
for reimbursement from the fund; however, money disbursed from this
fund must be disbursed on a `first received, first paid' basis.
When revenue in the fund reaches five hundred thousand dollars, all
revenue in excess of five hundred thousand dollars must be credited
to the General Fund of the State. Unexpended revenue in the fund
at the end of the fiscal year carries over and may be expended in
the next fiscal year."
D. This section takes effect July 1, 1995.
*SECTION 114
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.
A. (1) Notwithstanding any other provision of law, the membership
of the Joint Bond Review Committee, for purposes of any matters
coming before it 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, is increased by six additional members,
who shall have all plenary powers pertaining thereto. Three of
these additional members of the committee shall be members of the
House of Representatives appointed by the Speaker of the House, and
three of whom shall be members of the Senate appointed by the
Lieutenant Governor. The Speaker of the House and the Lieutenant
Governor shall make these appointments by July 1, 1995. These six
members shall cease participating with the Joint Bond Review
Committee upon final approval or disapproval of this transaction by
the committee.
(2) The committee:
(a) shall be invited to and allowed to participate in a public
hearing which must be held by the Medical University of South
Carolina prior to the Medical University of South Carolina
approving any transaction but the committee shall not be engaged in
approving or disapproving any transaction at this stage;
(b) may itself conduct public hearings on any proposal submitted
by the Medical University of South Carolina for its approval;
(c) shall approve or disapprove any proposal submitted by the
Medical University of South Carolina Board.
(3) The board of trustees of the Medical University of South
Carolina shall not implement any proposal regarding this
transaction which has not received a favorable vote from the
committee as constituted under subsection (A) of this section.
(4) All other provisions of law pertaining to this transaction,
including those pertaining to the Commission on Higher Education
and the State Budget and Control Board, remain in full force and
effect.
B. This section takes effect July 1, 1995.
SECTION 115
TO AMEND THE 1976 CODE 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.
The 1976 Code is amended by adding: "Section 10-1-163.(A)All
portraits, flags, banners, monuments, statues, and plaques which
were in or on the State House on May 1, 1995, which may be removed
from the State House during renovations must be returned to their
original location when the State House is reoccupied. Cost for
removing and returning these items must be paid from the funds of
the State Budget and Control Board for maintenance. When all
portraits, flags, banners, monuments, statues, and plaques are
returned to their original location after the renovations are
completed, the location of these items must not be changed unless
approved by an act passed by the General Assembly. For purposes of
this subsection, `original location' means the general vicinity or
at an alternative location if the wall or structure is removed or
modified such that the portrait, flag, banner, monument, statue, or
plaque cannot be returned to its original location.
(B) All costs for the display, cleaning, and restoration of all
portraits, flags, banners, monuments, statues, and plaques on the
exterior or interior of the State House except those inside the
Senate and House Chambers must be paid from the accounts of General
Services, Division of the State Budget and Control Board unless
otherwise directed by the General Assembly."
SECTION 116
TO AMEND SECTION 44-69-30 OF THE 1976 CODE, 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.
Section 44-69-30 of the 1976 Code is amended by adding at the end:
"The department may enter into public and private joint
partnerships or enter into other appropriate cooperative agreements
or arrangements or negotiate and effect these partnerships and
agreements to include the sale of the entity and/or the transfer of
licenses held by the department or its subdivisions to other
qualified providers, if appropriate, when doing so would result in
continued high quality patient care, continued provision of
services to indigent patients, assurance of the employment of the
department's home health employees, and provision of home care
services adequate to meet the needs of the State. The department
may facilitate the negotiation, contracting, or transfer of these
activities through licensure and without requirement of a
Certificate of Need as set out in Section 44-69-75 and without
regard to the Procurement Code, Section 11-35-10, et. seq.
However, a sale of the entity is subject to the provisions of the
Procurement Code.
At least thirty days before entering any negotiations regarding
a contractual agreement or a public/private partnership concerning
the provision of home health services, the department shall place
a public notice in a newspaper of general circulation for a period
of no less than three consecutive days within the area where the
services will be performed.
The department may establish requirements and conditions upon
those entities joined in partnership or receiving transfer of the
home care services, licensing, and Certificate of Need including,
but not limited to, transfer of employees, coverage of indigent
patients, and payments or contributions to the department to
continue the provision of basic public health services as
determined by the department. All agreements must be reviewed and
approved by the board of the department. The department may
monitor and enforce the contract or partnership provisions and/or
conditions of transfer or any other conditions or requirements of
agreements entered into pursuant to this section.
All funds paid to or received by the department pursuant to this
section must be deposited in an account separate and distinct from
the general fund entitled the Public Health Fund (PHF). The funds
deposited in this fund must be used solely by the department to
support basic public health services determined to be necessary by
the department. The appropriation of the funds must be through the
General Appropriations Act.
Notwithstanding any of the provisions of this section, the
department may continue to provide public health services in the
clinic, the home, and the community necessary to ensure the
protection and promotion of the public's health."
*SECTION 117
TO AMEND TITLE 44 OF THE 1976 CODE, 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.
Title 44 of the 1976 Code is amended by adding:
"CHAPTER 122
Adolescent Pregnancy Prevention
Section 44-122-10. (A) The South Carolina Human Services
Coordinating Council shall develop and coordinate the
implementation of community-based programs and projects relating to
the problem of adolescent pregnancy in order to most effectively
reduce the numbers of adolescent pregnancies.
(B) Before funds are allocated for adolescent pregnancy
prevention projects, the council shall review the recommendations
of the Adolescent Pregnancy Prevention Committee, as established in
Section 44-122-20, and shall recommend funding priorities to the
Department of Health and Human Services. The council also shall
advise the General Assembly on issues relating to the problem of
adolescent pregnancy in this State.
Section 44-122-20. There is established the Adolescent Pregnancy
Prevention Committee to be appointed by the Human Services
Coordinating Council. Committee membership must be made up of
council members and also must include representatives from:
(1) South Carolina Council on Adolescent Pregnancy
Prevention;
(2) South Carolina Chapter of the American Academy of
Pediatrics;
(3) United Way of South Carolina;
(4) March of Dimes;
(5) Alliance for South Carolina's Children;
(6) corporate community;
(7) religious community;
(8) two high school students;
(9) media;
(10) a school guidance counselor;
(11) the South Carolina Obstetrics and Gynecology Society.
Members shall serve terms of four years except student members
shall serve terms of two years.
Section 44-122-30. (A) The South Carolina Human Services
Coordinating Council shall establish and administer a program to
distribute funds appropriated for adolescent pregnancy prevention
projects and shall adopt rules necessary to implement the program.
Projects must be undertaken as pilot projects to serve as
successful models for replication in rural and urban areas of the
State where there are statistically high incidences of adolescent
pregnancy, premature births, and infant mortality.
(B) The council shall evaluate adolescent pregnancy projects
funded as a result of this program at least yearly and shall report
its findings to the General Assembly, the State Budget and Control
Board, and the Governor's Office. The evaluation of these projects
shall include a study of the effectiveness of the project in
reducing the pregnancy rate within the target populations.
Section 44-122-40. The Department of Health and Human Services shall fund the Adolescent Pregnancy Prevention Program projects. Funds shall be appropriated to the Department of Health and Human Services by the General Assembly in the annual General Appropriations Act. The Human Services Coordinating Council annually shall conduct a proposal-writing session that must be attended by a representative of an agency or organization that wishes to apply for funding, and the session shall define the criteria for accountability and evaluation that the department requires of projects. The session also shall provide information about additional funding sources to which an agency or organization might turn to satisfy the matching requirement for funding, as provided for in Section 44-122-50(E).
Section 44-122-50. (A) A local agency or organization or
combination of agencies and organizations may apply to the
department for an allocation of funds to operate adolescent
pregnancy preventive projects. The application shall contain an
analysis of adolescent pregnancy and related problems in the
locality the project would serve and a description of how the
project would attempt, over a period of at least five years, to
prevent the problems. The application also shall contain a project
budget.
(B) Projects applying for first-year funding shall:
(1) have a plan of action that extends for at least five years
for prevention of adolescent pregnancy;
(2) have realistic, specific, and measurable goals and
objectives for the prevention of adolescent pregnancy;
(3) before submitting its proposal, send a representative to the
proposal-writing session held by the council;
(4) have an emphasis on abstinence when possible and must be
based on strategies with proven success rates, and use materials
that are factually and scientifically correct.
(C) Each project shall: (a) have a board of advisors composed
of members from outside the sponsoring agency of the project. The
board of advisors shall include representatives from the medical
community, the educational field, and one student who must be a
junior in high school and who must serve two years. The board also
shall include representatives of the media, government, charitable
organizations, and private business. The board of advisors shall
meet at least quarterly and advise project staff on project
policies and operations;
(b) comply with reporting, contracting, and evaluation
requirements of the department;
(c) define and maintain cooperative ties with other community
institutions;
(d) demonstrate its ability to attract financial support from
sources other than the State including sources in the local
community;
(D) These criteria must be applied in selecting projects for
first year funding:
(1) adequacy of proposed resources to meet project
objectives;
(2) appropriateness of project strategies to reduce adolescent
pregnancy with a primary focus of preventing the onset of early
sexual activity;
(3) level of community support, including endorsement from the
appropriate local governmental entity and documentation from the
appropriate local governmental entity and from community
organizations that citizens were given the opportunity to provide
input into the proposed program and that there is community support
for the proposal. Documentation may include letters or statements
of support from citizens or community organizations or statements
that community support was expressed at public hearings. A public
hearing is not required by this item;
(4) degree of need of the locality, including that the county
has a significant adolescent pregnancy problem;
(5) clear demonstration of how the project will coordinate,
collaborate, and utilize the resources of other community entities
that have an interest in positive youth development and adolescent
risk behavior reduction.
(E) If a project that has been selected for first-year funding
continues to meet the requirements of subsections (B) and (C),
funding for that project shall continue, to the extent of available
money, for an additional four years. The level of funding provided
by the council to approved projects must be set according to this
schedule:
(1) first year, eighty percent of the project's annual budget
not to exceed the maximum award established by the department;
(2) second year, ninety percent of the state funds awarded in
the first year;
(3) third year, seventy-five percent of the state funds
awarded in the first year;
(4) fourth year, sixty-five percent of the state funds awarded
in the first year;
(5) fifth year, fifty percent of the state funds awarded in the
first year.
The portion of a project's budget that must come from sources
other than the State may be provided as in-kind contributions as
well as cash.
(F) No project shall receive state funding if it has received
state funding for five full years previously. A project that has
received state funding before July 1, 1995, is eligible for
consideration for an additional five years' state support but the
project must meet the same requirements as other applicants and
must be treated as other applicants in the selection process.
(G) The council shall determine the maximum annual amount that
may be awarded to any one project.
(H) As adolescent pregnancy prevention project grant funds
decrease, a project shall maintain its original budget level, less
the amount expended for start-up costs. The council shall develop
guidelines for determining start-up costs, and these guidelines
must be uniform for all projects. Local match percentage may come
from any in-kind source or newly generated funds, public or
private, available to the project.
(I) Project selection must be based solely on the merits of the
proposals submitted to the council."
SECTION 118
TO AMEND SECTION 40-43-260, AS AMENDED, OF THE 1976 CODE, 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.
Section 40-43-260 of the 1976 Code, as last amended by Section 917, Act 181 of 1993, is further amended to read:
"Section 40-43-260. (A) The board, after a hearing and upon
proof that grounds exist, may order the revocation or suspension of
a license, publicly or privately reprimand the holder of a license,
or take any other reasonable action short of revocation or
suspension, such as requiring the licensee to undertake additional
professional training subject to the direction and supervision of
the board. The board may also impose restraint upon the practice of
the licensee as circumstances warrant until the licensee
demonstrates to the board adequate professional competence. In
addition to any other sanction imposed by the board upon the
licensee, the board may require the licensee to pay a civil penalty
of up to one thousand dollars to the board for each violation of
this chapter or of the regulations promulgated by the board, but
the total penalty or fine for the violations may not exceed ten
thousand dollars. All fines must be remitted to the State
Treasurer and deposited in a special fund from which the board must
be reimbursed for administrative costs for each case upon the
approval of the Budget and Control Board. At any time when this
fund exceeds twenty thousand dollars, all excess funds must be
remitted to the General Fund. Fines are payable immediately upon
the effective date of discipline. Interest accrues after fines are
due at the maximum rate allowed by law. No licensee against whom
a fine is levied is eligible for reinstatement until the fine has
been paid in full. Any action of the board relating to the
revocation or suspension of a license, or other action either
restricting a license or limiting or otherwise disciplining a
licensee, must be taken only after a written complaint of
misconduct has been filed with the board in accordance with the
Administrative Procedures Act and regulations promulgated by the
board. If a complaint is not dismissed, in accordance with
subsection (B), a hearing must be held.
(B) Upon its review, the board may either dismiss the complaint
or find that the licensee is guilty of misconduct meriting
sanction. In either event, the board shall file a final certified
report of the proceedings before it with the secretary of the board
and the secretary shall notify the complainant and the licensee and
their counsel of the action.
(C) A decision by the board to revoke, suspend, fine, or
otherwise restrict a license or limit or otherwise discipline a
licensee must be by majority vote of the board members and is
subject to review by an administrative law judge as provided under
Article 5 of Chapter 23 of Title 1 upon petition filed by the
licensee with the administrative law judge and a copy served upon
the secretary of the board within thirty days from the date of
delivery of its decision to the licensee. The review is limited to
the record established by the board hearing.
(D) A decision by the board to revoke, suspend, fine, or
otherwise restrict a license or limit or otherwise discipline a
licensee becomes effective upon delivery of a copy of the decision
to the licensee and a petition for review by an administrative law
judge does not operate as a supersedeas.
(E) Misconduct, which constitutes grounds for revocation,
suspension, fine, or other restriction of a license or a limitation
on or other discipline of a licensee is satisfactory showing to the
board of any of the following: (1) that a false, fraudulent or
forged statement or document has been used or a fraudulent,
deceitful or dishonest act has been practiced by the holder of a
license in connection with a licensing requirement;
(2) that the holder of a license has been convicted of a felony
or any other crime involving fraud, drugs, or any of the laws
relating to controlled substances, intoxicating liquors, or the
unlawful sales of dangerous drugs as prohibited by the Federal
Food, Drug and Cosmetic Act;
(3) that the holder of a license uses alcohol or drugs to such
a degree as to render him unfit to practice pharmacy;
(4) that the holder of a license has been convicted of the
illegal or unauthorized practice of pharmacy;
(5) that the holder of a license has knowingly performed an act
which in any way assists an unlicensed person to violate any
provisions of the pharmacy laws;
(6) that the holder of a license has sustained any physical or
mental disability, as determined by a physician, which renders
further practice by him dangerous to the public;
(7) that the holder of a license is guilty of engaging in
dishonorable, unethical, or unprofessional conduct that is likely
to deceive, defraud, or harm the public;
(8) that the holder of a license is guilty of the use of any
intentionally fraudulent statement in any document connected with
the practice of pharmacy;
(9) that the holder of a license is guilty of obtaining fees or
assisting in obtaining fees under intentionally fraudulent
circumstances;
(10) that the holder of a license has intentionally violated or
attempted to violate, directly or indirectly, or is assisting in or
abetting the violating or conspiring to violate any provisions or
terms of this chapter or any regulations promulgated under this
chapter;
(11) that the holder of a license has been found by the board
to lack the ethical or professional competence to practice
pharmacy;
(12) that the holder of a license has practiced pharmacy while
under the influence of alcohol, drugs, or other intoxicants.
(F) In addition to all other remedies and actions incorporated in
this section, the license of a pharmacist adjudged mentally
incompetent by a court of competent jurisdiction must be
automatically suspended by the board until the pharmacist is
adjudged by a court of competent jurisdiction or in any other
manner provided by law as being restored to mental competency."
SECTION 119
TO AMEND THE 1976 CODE 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.A. Article 3, Chapter 11, Title 11 of the 1976 Code, is amended by adding:
"Section 11-11-330. Funds credited to the `State Property Tax Relief Fund' must be used to provide property tax relief in the manner prescribed in Section 12-37-251. The General Assembly shall appropriate an amount sufficient to reimburse sums equal to the amount of taxes that were not collected for the local government by reason of the exemption provided in Section 12-37-251."
B. Article 3, Chapter 37, Title 12 of the 1976 Code, is amended by adding:
"Section 12-37-251. (A) Property classified pursuant to Section
12-43-220(c) is exempt from property taxes levied for other than
bonded indebtedness and payments pursuant to lease-purchase
agreements for capital construction. The exemption applies against
millage imposed for school operations and the amount of fair market
value of the homestead that is exempt from such millage must be set
by the Director of the Department of Revenue and Taxation based on
the amount available in the State Property Tax Relief Fund.
(B) Taxing entities must be reimbursed, in the manner provided in
Section 12-37-270 for the revenue lost as a result of the homestead
exemption provided in this section except that ninety percent of
the reimbursement must be paid in the last quarter of the calendar
year.
(C) Notwithstanding any other provision of law, property exempted
from property taxation in the manner provided in this section is
considered taxable property for purposes of bonded indebtedness
pursuant to Sections 14 and 15 of Article X of the Constitution of
this State, and for purposes of computing the `index of taxpaying
ability' pursuant to Section 59-20-20(3).
(E) In the year of reassessment the millage rate for all real and
personal property must not exceed the rollback millage, except that
the rollback millage may be increased by the percentage increase in
the consumer price index for the year immediately preceding the
year of reassessment.
(F) The exemption allowed by this section is conditional on full
funding of the Education Finance Act and on an appropriation by the
General Assembly each year reimbursing school districts an amount
equal to the Department of Revenue and Taxation's estimate of total
school tax revenue loss resulting from the exemption in the next
fiscal year."
C. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-217. Notwithstanding any other provision of law, once every fourth year each county or the State shall appraise and equalize those properties under its jurisdiction. Upon completion of the reassessment program, the county or State shall notify every taxpayer of any change in value or classification if the change is one thousand dollars or more. In the fifth year, the county or State shall implement the program and assess all property on the newly appraised values."
D. Subsection (A) of Section 12-45-75 of the 1976 Code, as added by Act 443 of 1994, is amended to read:
"(A) The governing body of a county may by ordinance allow a
taxpayer to elect to pay all ad valorem taxes on real property
located in the county in quarterly installments. No installment
election is allowed for taxes paid through an escrow account.
The ordinance must specify the installment due dates and it may
provide for installments due and payable before January fifteenth,
but the final installment due date must be January fifteenth. The
ordinance may provide for a service charge of not more than two
dollars on installment payments. For purposes of payment and
collection, these service charges are deemed property taxes. The
ordinance may not provide penalties for late installments."
E. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-350. Affected political subdivisions must use a
tax bill which must contain standard information and include the
following:
(1) name and address of owner;
(2) tax map number;
(3) location of property;
(4) appraised value;
(5) assessed value;
(6) assessed ratio;
(7) millage for each tax district;
(8) receipt number;
(9) total tax liability for current year;
(10) state property tax relief benefit (savings);
(11) local option sales tax credit."
F. The 1976 Code is amended by adding:
"Section 12-47-75. If a taxpayer or his agent pays property taxes in error, or the payment is erroneously credited, the treasurer shall credit the amount paid against the actual liability of the taxpayer for the tax year in question. This section applies for any tax year for which proof is provided."
G. (1) The first paragraph of Section 12-43-220(c) of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"The legal residence and not more than five acres contiguous
thereto, when owned totally or in part in fee or by life estate and
occupied by the owner of the interest, is taxed on an assessment
equal to four percent of the fair market value of the property. If
residential real property is held in trust and the income
beneficiary of the trust occupies the property as a residence, then
the assessment ratio allowed by this item applies if the trustee
certifies to the assessor that the property is occupied as a
residence by the income beneficiary of the trust. When the legal
residence is located on leased or rented property and the residence
is owned and occupied by the owner of a residence on leased
property, even though at the end of the lease period the lessor
becomes the owner of the residence, the assessment for the
residence is at the same ratio as provided in this item. If the
lessee of property upon which he has located his legal residence is
liable for taxes on the leased property, then the property upon
which he is liable for taxes, not to exceed five acres contiguous
to his legal residence, must be assessed at the same ratio provided
in this item. If this property has located on it any rented mobile
homes or residences which are rented or any business for profit,
this four percent value does not apply to those businesses or
rental properties. This subsection (c) is not applicable unless the
owner of the property or his agents apply therefor to the county
assessor on or before the first penalty date for taxes due for the
first tax year in which the assessment under this article is made
and certify to the following statement: `Under the penalty of
perjury I certify that I meet the qualifications for the special
assessment ratio for a legal residence for the appropriate tax
year'.
To qualify for this special assessment ratio, the owner-occupant
must have actually occupied the residence, prior to the date of
application, for some period during the tax year and remain an
owner-occupant at the time of application."
(2) This subsection takes effect upon approval by the Governor and applies with respect to property tax years beginning after 1994.
H. Notwithstanding the provisions of Section 12-43-220(d)(3) of the 1976 Code, the deadline for filing for agricultural use value for property owned as of December 31, 1993, is extended to January 15, 1996.
I. This section takes effect upon approval by the Governor.
END OF PART II