General Appropriations Bill H. 3400 for the fiscal year beginning July 1, 1997
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PART II PAGE 536
1 SECTION 4
2
3 TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY
4 ADDING CHAPTER 4 SO AS TO ESTABLISH THE SOUTH CAROLINA TUITION PREPAYMENT
5 PROGRAM WITHIN THE SOUTH CAROLINA BUDGET AND CONTROL BOARD THROUGH WHICH
6 TUITION ASSOCIATED WITH PUBLIC POST-SECONDARY EDUCATION MAY BE PAID IN ADVANCE
7 AND FIXED AT A GUARANTEED LEVEL FOR THE DURATION OF UNDERGRADUATE
8 ENROLLMENT.
9
10 A. Title 59 of the 1976 Code is amended by adding:
11
12 "CHAPTER 4
13
14 South Carolina Tuition Prepayment Program
15
16 Section 59-4-10. This chapter may be cited as the South Carolina Tuition Prepayment Program Act'.
17
18 Section 59-4-20. As used in this chapter:
19 (1) Advisory board' means the Advisory Board of the South Carolina Tuition Prepayment Program.
20 (2) Board' means the State Budget and Control Board.
21 (3) College or university' means a state-chartered four-year public educational institution of higher learning
22 located in this State.
23 (4) Contributor' means a person who makes or is obligated to make advance payments in accordance with a
24 prepaid tuition contract.
25 (5) Designated beneficiary' means the individual who is designated as the beneficiary of amounts paid or to be
26 paid to the Tuition Prepayment Program or, in the case of a change in beneficiaries as permitted under this chapter, the
27 individual who is the new beneficiary.
28 (6) Director' means the head of the South Carolina Tuition Prepayment Program.
29 (7) Fund' means the South Carolina Tuition Prepayment Fund.
30 (8) Prepaid tuition contract' means the contract entered into by the Director of the South Carolina Tuition
31 Prepayment Program or his designee on behalf of the program and a contributor pursuant to this chapter for the advance
32 payment by the contributor of undergraduate tuition at a fixed, guaranteed level for a designated beneficiary to attend a
33 four-year public educational institution of higher learning in the State or to another educational institution of higher
34 learning that may be provided in this chapter to which the designated beneficiary is admitted.
35 (9) Program' means the South Carolina Tuition Prepayment Program.
36 (10) Tuition' means the amount charged by an educational institution of higher learning for registering for a credit
37 hour of undergraduate instruction and must not be construed to mean any other fees, charges, or costs of textbooks.
38
39 Section 59-4-30. (A) The South Carolina Tuition Prepayment Program is created as a program within the
40 Budget and Control Board. The chief administrative and operating official for the program is the director, who must be
41 appointed and supervised by the executive director of the board. The director must be a state official.
PART II PAGE 537
1 (B) To assist the board in its responsibilities there is created the advisory board of the program. The advisory
2 board shall consult and advise the board on all aspects of investment policy, guidelines, and strategy, as well as the costs
3 and termination and withdrawal options of the prepaid tuition contracts. The advisory board must have an opportunity
4 to comment and advise the board before the adoption of investment policies, guidelines, and strategies for the fund.
5 (C) The advisory board shall consist of five members appointed by the Governor, with the advice and consent of
6 the Senate. Each member shall possess knowledge, skill, and experience in one or more of the following areas:
7 accounting, actuarial science, risk management, finance, banking, or investment management. The members shall serve
8 five year terms, except that in making the initial appointment the Governor shall appoint two members to terms of three
9 years, two members to terms of four years, and one member to a term of five years. A person appointed to fill a
10 vacancy on the advisory board must be appointed in this manner and shall serve for the remainder of the unexpired
11 term. A member is eligible for reappointment and a member shall serve until a successor is appointed and qualified. To
12 avoid a vacancy on the advisory board, a member appointed by the Governor is authorized to exercise all of the duties
13 and powers of the position until the Senate votes upon the nomination.
14 (D) The Governor shall designate one member of the advisory board to serve as chairman. A majority of the
15 membership constitutes a quorum. The members of the advisory board are not entitled to a salary for their service but
16 shall receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and
17 commissions. Administrative support for the advisory board is provided by the board.
18 (E) With the assistance of the advisory board, the board is responsible for developing and adopting the investment
19 policies, guidelines, and strategies for the fund and determining the costs, termination, and withdrawal options of the
20 prepaid tuition contracts. The board, with the assistance of the advisory board, also shall:
21 (1) prescribe the terms and conditions of the prepaid tuition contracts, including the terms and conditions
22 under which payments may be withdrawn from the fund. However, the prepaid tuition contract must include a more
23 than de minimis penalty on a refund which is not used for payment of tuition of the designated beneficiary or made on
24 account of the death or disability of the designated beneficiary;
25 (2) prescribe the requirements, procedures, and guidelines regarding prepaid tuition contracts;
26 (3) provide for the receipt of advance payments which must be in cash, but may be in lump sums or
27 installments;
28 (4) prescribe regulations governing the program; and
29 (5) prescribe fees and costs for services provided by the program.
30
31 Section 59-4-40. The program shall implement the provisions of this chapter in accordance with its legislative
32 intent including, but not limited to, the following:
33 (1) enter into all necessary contracts for services, supplies, goods, space, and equipment including the authority to
34 hire temporary consultants, actuaries, managers, legal counsel, auditors, marketing services, and other professional and
35 technical expertise;
36 (2) invest and manage the fund as directed by the board;
37 (3) accept gifts, grants, and other financial assistance from any source;
38 (4) establish and implement application procedures, prepare and distribute necessary forms and documents, and
39 prepare and distribute the annual reports;
40 (5) establish other policies, procedures, and criteria to implement and administer the provisions of the chapter;
41 (6) establish eligibility requirements for designated beneficiaries including, but not limited to, a requirement of
PART II PAGE 538
1 residency in this State on the date that a prepaid tuition contract is signed by all parties;
2 (7) provide adequate safeguards to prevent contributions on behalf of a designated beneficiary in excess of those
3 necessary to provide for the qualified higher education expenses of the designated beneficiary; and
4 (8) prepare reports required by state and federal law.
5
6 Section 59-4-50. The fund is created as a nonpublic special, revolving fund and established and maintained by
7 the State of South Carolina. The fund consists of monies received from contributors, state appropriations, other monies
8 acquired from governmental and private sources, and proceeds from the investments of the fund. The fund is expended
9 only for the purposes of this chapter. There must be a separate accounting for each designated beneficiary.
10 The fund must be invested as directed by the board after the advice from the advisory board. However, interest in
11 the fund or any portion of the fund must not be used as security for a loan. An attempt to use the fund, a contract, or a
12 portion of either as security for a loan is void. The fund may be invested in any manner authorized by law. The custody
13 and management of the fund are directed by the board. The earnings from fund investments become a part of the fund
14 and expended only for the purposes of this chapter.
15
16 Section 59-4-60. (A) The director shall construct prepaid tuition contracts in accordance with the provisions of
17 this chapter and at the direction of the board. The contents of the contracts include, but are not limited to the:
18 (1) amount of the payment or payments, which must be made in cash only, and the number of payments
19 required from the contributor on behalf of the designated beneficiary;
20 (2) terms and conditions under which contributors remit payments, including the date of the payments;
21 (3) provisions for late payment charges, defaults, withdrawals, refunds, and penalties;
22 (4) name and date of birth of the designated beneficiary upon whose behalf the contract is made and the
23 terms and conditions under which another person may be substituted as then designated beneficiary including, but not
24 limited to, additional payments that may be required;
25 (5) terms and conditions for termination of the contract including refunds, withdrawals, or transfers of
26 prepayments, and the name of the persons or combination of persons entitled to terminate the contract. However, the
27 program must impose a more than de minimis penalty on a refund of earnings from the account which are not:
28 (a) used for qualified higher education expenses for the designated beneficiary; or
29 (b) made on account of the death or disability of the designated beneficiary;
30 (6) time limitations within which the designated beneficiary must claim benefits through the program;
31 (7) number of credit hours contracted for by the contributor;
32 (8) contractual obligation of the program to the designated beneficiary to provide for the payment of a
33 specified number of credit hours of undergraduate instruction at an educational institution of higher learning, not to
34 exceed the average number of credit hours required for the conference of the degree that corresponds to the plan
35 purchased on behalf of the designated beneficiary and to exceed the actual cost of tuition;
36 (9) provision that:
37 (a) all payments to the program must be made in cash only;
38 (b) an interest in the program, the contract, or in either, may not be used as security for a loan; and
39 (c) a contributor or designated beneficiary may not direct the investment of contributions to the program
40 or earnings on the program;
41 (10) rights and obligations of the contributor and the fund; and
PART II PAGE 539
1 (11) terms and conditions which the director determines necessary and appropriate.
2 (B) A prepaid tuition contract shall provide that a contract which has not been terminated or the benefits exercised
3 by the time the designated beneficiary reaches his thirtieth birthday is terminated. Not more than forty-eight continuous
4 months expended by a designated beneficiary as an active duty member of any branch of the armed services of the State
5 of South Carolina or the United States must be added to the time specified pursuant to this subsection.
6 (C) A prepaid tuition contract guarantees the full payment of tuition at a South Carolina public college or
7 university or a South Carolina public two-year educational institution of higher learning for the number of credit hours
8 purchased.
9 (D) Nothing in this chapter must be construed as a promise or guarantee that a designated beneficiary may be
10 admitted to an educational institution of higher learning, allowed to continue enrollment at an educational institution of
11 higher learning after admission, or graduated from an institution of higher learning.
12 (E) Information that identifies the contributors or designated beneficiaries of a prepaid tuition contract and their
13 advance payment account activities is confidential and must not be disclosed without the consent of the designated
14 beneficiary, in accordance with a judicial order, or to those persons with an official need to access the information.
15 (F) An act or undertaking of the program shall not constitute a debt of the State or any agency, department,
16 institution, or political subdivision, or a pledge of the full faith and credit of the State or any agency, department,
17 institution, or political subdivision, but is payable solely from the fund.
18
19 Section 59-4-70. (A) As authorized by the board, up to one percent of the fund each year may be applied and
20 retained toward the costs of administering the program.
21 (B) The General Assembly shall provide an appropriation from the state's general fund for the necessary costs to
22 initiate the administration and operation of the program.
23 (C) All of the agencies, departments, and institutions of higher learning of the State are required to provide
24 reasonable cooperation and assistance to the board and the director in the implementation of the program under this
25 chapter.
26
27 Section 59-4-80. The director or his designee shall prepare an annual financial report of the fund and the
28 program. This report must be submitted to the board and the advisory board on the date required by the board and in the
29 format prescribed by the board. The program and the fund also must be subject to audit by the State Auditor or his
30 designee. The director or his designee annually shall evaluate the actuarial soundness of the fund and report this
31 information to the board and the advisory board.
32
33 Section 59-4-90. The director shall solicit answers to applicable ruling requests from the Internal Revenue
34 Service regarding the tax status of fees paid pursuant to a prepaid tuition contract to the contributor and to the
35 designated beneficiary and from the Securities and Exchange Commission regarding the application of federal securities
36 laws to the program. The director shall make the status of these requests known to the board and the advisory board.
37
38 Section 59-4-100. The Comptroller General and the chief finance officers of state agencies, departments, and
39 institutions maintaining separate payroll accounts, at the request of a state employee, may collect and pay by payroll
40 deduction to the fund the appropriate payment in accordance with a prepaid tuition contract.
PART II PAGE 540
1 Section 59-4-110. Notwithstanding any other provision of law, neither the program nor the fund is liable for
2 income taxes, and neither the program nor the fund is liable for local taxes, fees, or assessments. In addition,
3 contributions to the fund credited to a beneficiary's account do not entitle the contributor to a deduction for purposes of
4 the state individual income tax, nor must these contributions be included in the South Carolina gross income of the
5 beneficiary or anyone required to support the beneficiary. Earnings on the account, tuition waivers, credits or payments
6 for tuition, or any money or payout that the designated beneficiary receives or from which he benefits are included in
7 the gross income of the beneficiary or anyone required to support the beneficiary."
8
9 B. This act takes effect July 1, 1997.
10
11 SECTION 5
12
13 TO AMEND SECTION 12-6-1120 OF THE 1976 CODE, RELATING TO THE COMPUTATION OF GROSS
14 INCOME, SO AS TO PROVIDE THAT GROSS INCOME DOES NOT INCLUDE AMOUNTS EXCLUDED
15 BY THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM.
16
17 Section 12-6-1120 of the 1976 Code, as added by Act 76 of 1995, is amended by adding an appropriately numbered
18 item to read:
19
20 "( ) South Carolina gross income does not include the amounts excluded by Section 59-4-110 of the South
21 Carolina Tuition Prepayment Program."
22
23 SECTION 6
24
25 TO AMEND SECTION 59-39-100 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF UNIFORM
26 HIGH SCHOOL DIPLOMAS AND THE NUMBER OF UNITS REQUIRED TO RECEIVE A DIPLOMA, SO
27 AS TO PROVIDE THAT, BEGINNING WITH THE NINTH GRADE CLASS OF SCHOOL YEAR 1997-98
28 AND THEREAFTER, THE NUMBER OF UNITS REQUIRED FOR A DIPLOMA IS TWENTY-FOUR,
29 RATHER THAN TWENTY, TO SPECIFY WHAT THESE FOUR ADDITIONAL UNITS MUST CONSIST OF,
30 AND TO REVISE THE MANNER IN WHICH OTHER UNITS MAY BE APPLIED TOWARD THESE
31 REQUIREMENTS.
32
33 Section 59-39-100 of the 1976 Code is amended to read:
34
35 "Section 59-39-100. Diplomas issued to graduates of accredited high schools within this State must be uniform in
36 every respect and particularly as to color, size, lettering, and marking. The number of units required for a state high
37 school diploma is twenty units as prescribed by the State Board of Education. Beginning in the 1986-87 academic year,
38 a minimum of 3 three units must be earned in mathematics and a minimum of 2 two units must be earned in science.
39 One unit in computer science, if approved by the State Department of Education for this purpose, may be counted
40 toward the mathematics requirement.
41 Students who earn one unit in science and six or more units in a specific occupational service area will meet the
PART II PAGE 541
1 science requirements for a state high school diploma. Vocational programs operating on a 3-2-1 structure may count
2 prevocational education as one of the six required units.
3 Beginning with the ninth grade class of school year 1997-98 and thereafter, the number of units required for a high
4 school diploma is twenty-four units as prescribed by the State Board of Education by regulation , with one additional
5 unit required in mathematics, science, and computer science to include keyboarding. For students in a college
6 preparatory track as defined by the state board, one additional unit must be earned in a foreign language, and for
7 students in a track designed to enter the work force as defined by the state board, one additional vocational unit must be
8 earned. Beginning with the ninth grade class of school year 1997-98, if a student counts one unit of computer science
9 toward his mathematics requirement as permitted above, one additional unit of computer science must be earned.
10 Nothing herein prohibits local school boards of trustees from awarding recognition to students who complete
11 additional units and credits beyond those required by this section."
12
13 SECTION 7
14
15 DELETED
16
17 SECTION 8
18
19 DELETED
20
21 SECTION 9
22
23 DELETED
24
25 SECTION 10
26
27 DELETED
28
29 SECTION 11
30
31 DELETED (RULED NON-GERMANE)
32
33 SECTION 12
34
35 DELETED
36
37 SECTION 13
38
39 TO AMEND SECTION 11-11-140 OF THE 1976 CODE, RELATING TO LIMITATIONS ON GENERAL
40 FUND APPROPRIATIONS FOR A FISCAL YEAR AND THE USE OF SURPLUS REVENUES, SO AS TO
41 DELETE PROVISIONS RELATING TO LIMITATIONS ON ANNUAL GENERAL FUND REVENUES AND
PART II PAGE 542
1 USES OF SURPLUS REVENUES TO REFLECT IN THE SECTION THE GOVERNOR'S DUTY ANNUALLY
2 TO PREPARE A BUDGET WITH RESPECT TO CHANGES IN ACCOUNTING METHODS, AND TO
3 PROHIBIT THE GOVERNOR'S ANNUAL BUDGET RECOMMENDATION FROM PROPOSING THE
4 APPROPRIATION OF SURPLUS GENERAL FUND REVENUES IN EXCESS OF AMOUNTS OFFICIALLY
5 RECOGNIZED AS SUCH BY THE BOARD OF ECONOMIC ADVISORS, AND TO PROHIBIT THE
6 APPROPRIATION OF SURPLUS GENERAL FUND REVENUES IN EXCESS OF AMOUNTS OFFICIALLY
7 RECOGNIZED AS SUCH BY THE BOARD OF ECONOMIC ADVISORS.
8
9 A. Section 11-11-140 of the 1976 Code, as last amended by Act 142 of 1995, is further amended to read:
10
11 "Section 11-11-140. (A) (1) General fund appropriations in the annual general appropriations act may not
12 exceed the base revenue estimate as calculated pursuant to subsection (B) or as adjusted pursuant to subsection (C). In
13 the Governor's annual budget recommendation to the General Assembly, no recommendation may be made for the
14 appropriation of surplus general fund revenues in excess of amounts officially recognized as such by the Board of
15 Economic Advisors.
16 (2) In any bill or joint resolution appropriating general fund revenues, no surplus general fund revenue may
17 be appropriated in excess of amounts officially recognized as such by the Board of Economic Advisors.
18 (B) For purposes of this section, the base revenue estimate is the lesser of:
19 (1) (a) the total of recurring general fund revenues collected in the fiscal year completed before the General
20 Assembly first considers the annual general appropriations bill increased by any recurring general fund revenue
21 enhancements occurring in the current fiscal year if such enhancements are certified by the Board of Economic
22 Advisors;
23 (b) increased by a sum equal to seventy-five percent of the amount the general fund revenue estimate of
24 the Board of Economic Advisors for the upcoming fiscal year exceeds the amount in subitem (a) of this item; or
25 (2) the general fund revenue estimate of the Board of Economic Advisors for the upcoming fiscal year.
26 (C) The base revenue estimate may be increased or decreased (1) by any amendment to the general appropriations
27 bill which affects the Board of Economic Advisors revenue estimate or (2) enacted legislation which affects the board's
28 estimate, if the board certifies in writing the change in estimated revenue.
29 (D) Appropriations from surplus may not be made before the first meeting of the General Assembly following the
30 Comptroller General's closing of the books on the fiscal year in which the surplus occurred and may be appropriated
31 only for nonrecurring purposes.
32 (E) In making a the annual budget recommendation to the General Assembly for the fiscal year 1994-95 budget,
33 and for each year thereafter, the Budget and Control Board Governor shall not incorporate or realize any revenue
34 derived on the basis of any future change in a method of accounting, as determined by the Budget and Control Board,
35 unless such the change in a method of accounting is based on statutory authority specifically granted to the Budget and
36 Control Board or a statutory enactment changing the method of accounting.
37 (F) Notwithstanding the provisions of subsection (D), appropriations from surplus may not be expended before the
38 Comptroller General's closing of the books on the fiscal year in which the surplus occurred. The surplus in this
39 subsection, that is the calculated set-aside as defined in this section, after reduction by way of transfer to the general
40 fund of such amount as necessary to offset any recognized budget shortfall for the fiscal year in which the set-aside
41 surplus occurred, is appropriated for deposit in the State Property Tax Relief Fund. After the first year that the State
PART II PAGE 543
1 Property Tax Relief Fund is fully funded, the procedure in subsection (D) must be applied."
2
3 B. This section takes effect July 1, 1997.
4
5 SECTION 14
6
7 DELETED
8
9 SECTION 15
10
11 TO AMEND THE 1976 CODE BY ADDING SECTION 11-11-150 SO AS TO DELETE FROM
12 CALCULATIONS OF STATE GENERAL FUND REVENUES AMOUNTS NECESSARY IN A FISCAL YEAR
13 TO FUND THE TRUST FUND FOR STATE PROPERTY TAX RELIEF FUND, THE HOMESTEAD
14 EXEMPTION TRUST FUND, THE BUSINESS INVENTORY EXEMPTION REIMBURSEMENT TRUST
15 FUND, AND THE DEPRECIATION PROPERTY TAX REIMBURSEMENT TRUST FUND, TO PROVIDE
16 FOR THE TRANSFER TO THESE FUNDS THE REQUIRED AMOUNTS; TO PROVIDE THAT
17 UNEXPENDED BALANCES IN THESE FUNDS MUST BE TRANSFERRED TO THE GENERAL FUND OF
18 THE STATE, TO MAKE THESE FUNDS UNAVAILABLE FOR APPROPRIATION, TO PROVIDE FOR THE
19 ACCOUNTING FOR THESE REDUCTIONS, TO REQUIRE THE BOARD OF ECONOMIC ADVISORS TO
20 ACCOUNT FOR THESE TRUST FUNDS SEPARATELY IN REPORTS TO THE GOVERNOR AND THE
21 GENERAL ASSEMBLY, AND TO PROVIDE THAT THIS SECTION MUST NOT BE CONSTRUED AS
22 AFFECTING FUNDING LEVELS FOR PUBLIC EDUCATION; TO AMEND SECTIONS 11-11-330,
23 12-37-251, AND 12-37-450, ALL AS AMENDED, 12-37-935, 12-37-270, AND 12-37-280, RELATING TO THE
24 LOCAL GOVERNMENT FUND, THE STATE PROPERTY TAX RELIEF FUND, THE BUSINESS
25 INVENTORY TAX EXEMPTION REIMBURSEMENT, THE DEPRECIATION PROPERTY TAX
26 REIMBURSEMENT FUND, AND THE RESIDENTIAL AND HOMESTEAD EXEMPTION
27 REIMBURSEMENTS, SO AS TO CONFORM THESE PROVISIONS TO THE TRANSFER
28 REQUIREMENTS OF SECTION 11-11-150, RECONSTITUTE THESE FUNDS AND ACCOUNTS AS TRUST
29 FUNDS, EXTEND THE PHASE IN OF ADDITIONAL DEPRECIATION FROM THREE TO SIX YEARS,
30 DELETE OBSOLETE PROVISIONS, AND REVISE THE SCHEDULE OF REIMBURSEMENT FOR THE
31 RESIDENTIAL HOMESTEAD EXEMPTION; AND TO REDESIGNATE AND AMEND SECTION 6-27-45,
32 RELATING TO HOMESTEAD EXEMPTION REIMBURSEMENTS AS SECTION 6-1-45, AND CONFORM
33 IT TO THE TRANSFER REQUIREMENTS OF SECTION 11-11-150.
34
35 A. Article 1, Chapter 11, Title 11 of the 1976 Code is amended by adding:
36
37 "Section 11-11-150. (A) In calculating estimated state general fund revenues for a fiscal year there must be
38 deducted amounts sufficient to fund:
39 (1) the Trust Fund for State Property Tax Relief established pursuant to Section 11-11-330;
40 (2) the Homestead Exemption Trust Fund established pursuant to Section 12-37-270;
PART II PAGE 544
1 (3) the Depreciation Property Tax Reimbursement Trust Fund established pursuant to Section 12-37-935(B);
2 and
3 (4) the Inventory Tax Reimbursement Trust Fund established pursuant to Section 12-37-450.
4 (B) The amounts deducted from state general fund revenues pursuant to subsection (A) are automatically
5 transferred to the appropriate separate trust funds for the applicable fiscal year and are not available for appropriation.
6 For accounting purposes, this deduction is achieved by imposing a prorata reduction on each revenue source for the
7 general fund of this state excluding general fund revenue sources earmarked for public education. The Board of
8 Economic Advisors shall account for these trust funds separately from general fund revenues in reports to the Governor
9 and the General Assembly.
10 (C) All formulas calculated on state general fund revenues must reflect the reductions provided by this section.
11 (D) Unexpended balances in the trust funds specified in subsection (A) at the end of a fiscal year must be
12 transferred to the general fund of the State.
13 (E) The provisions of this section must not be construed as affecting funding levels for public education."
14
15 B. Section 6-27-45 of the 1976 Code, as added by Section 34, Part II, Act 145 of 1995, is redesignated Section 6-1-45
16 and amended to read:
17
18 "Section 6-1-45. Notwithstanding the amount appropriated in the annual general appropriations act for
19 "Homestead Exemption Reimbursement", there must be annually appropriated whatever amount is necessary to
20 reimburse the counties and municipalities of the State for all reimbursed homestead exemptions allowed in accordance
21 with the provisions of law. In addition to the amounts transferred to the Trust Fund for State Property Tax Relief and
22 the Homestead Exemption Reimbursement Trust Fund as provided in the annual general appropriations act, the
23 Comptroller General's Office shall transfer from the general fund whatever amount is necessary to reimburse counties
24 and municipalities for all state property tax relief and homestead exemptions allowed in accordance with the provisions
25 of law."
26
27 C. Section 11-11-330 of the 1976 Code, as last amended by Section 33A, Part II, Act 458 of 1996, is further amended
28 to read:
29
30 "Section 11-11-330. Funds credited to the Trust Fund for State Property Tax Relief Fund' must be used to
31 provide property tax relief in the manner prescribed in Section 12-37-251. The General Assembly shall appropriate
32 There is transferred to the fund for each fiscal year an amount sufficient to reimburse sums equal to the amount of taxes
33 that were not collected for school districts by reason of the exemption provided in Section 12-37-251."
34
35 D. Subsections (A) and (B) of Section 12-37-251 of the 1976 Code, as last amended by Act 458 of 1996, are further
36 amended to read:
37
38 "(A) The Trust Fund for State Property Tax Relief Fund shall be established at an amount equal to the revenue
39 necessary to fund a property tax exemption of one hundred thousand dollars based on the fair market value of property
40 classified pursuant to Section 12-43-220(c) calculated on the school operating millage imposed for tax year 1995,
41 excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital
PART II PAGE 545
1 construction. The 1995 tax year school operating millage is the base year millage for purposes of calculating the
2 amount necessary to fund the Trust Fund for State Property Tax Relief Fund in accordance with this section. However,
3 in years in which the values resulting from a county-wide reassessment and equalization program are implemented, the
4 base year millage must be adjusted to an equivalent millage rate in the manner that the Department of Revenue shall
5 prescribe. Funds distributed to a taxing district as provided in item (B) of this section must be used to provide a uniform
6 property tax exemption for all property in the taxing district which is classified pursuant to Section 12-43-220(c),
7 excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital
8 construction.
9 (B) School districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue lost as a
10 result of the homestead exemption provided in this section except that ninety percent of the reimbursement must be paid
11 in the last quarter of the calendar year in the last quarter of the calendar year on December first. "
12
13 E. Section 12-37-450 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
14
15 "Section 12-37-450. (A) The inventory of business establishments shall be exempt from property taxation as
16 follows: for the 1985 tax year, seventeen percent; for the 1986 tax years, fifty percent; for the 1987 and subsequent tax
17 years, one hundred percent. The exemption herein provided is conditional upon the appropriation by the State to the
18 municipalities and counties for each year an amount equal to tax revenue not collected by reason of the exemption. If
19 the appropriation for any year is less than the amount equal to the tax revenue not collected, the exemption shall be
20 proportionately reduced in the manner provided in (C) below. The exemption provided in this section is not allowed if
21 the return is received by the Commission after the date due or the tax due is received by the county or municipality after
22 the date due.
23 (B) Counties and municipalities must be reimbursed for the revenue lost as a result of the business inventory tax
24 exemption based on the 1987 tax year millage and 1987 tax year assessed value of inventories in the counties and
25 municipalities. If an amount of reimbursement to a political subdivision within a county is attributable to a separate
26 millage for debt service for any purpose, when that debt is paid, the appropriate reimbursement amount must be
27 redistributed proportionately to the other separate millages levied by the political subdivision within the county for the
28 1987 tax year. Notwithstanding amounts appropriated for the inventory tax exemption reimbursement, there There is
29 appropriated transferred annually from the general fund of the State to the Inventory Tax Reimbursement Trust Fund,
30 which is established in the State Treasury as a fund separate and distinct from the general fund of the State and all other
31 funds whatever amount is necessary to reimburse fully all counties and municipalities the required amount. The
32 Comptroller General shall make remittances of this reimbursement to counties and municipalities in four equal
33 payments.
34 (C) The South Carolina Tax Commission shall annually notify each county auditor of the fair market value of
35 merchant's inventory in the manner provided by Section 12-37-1420, which must be assessed at a six percent ratio and
36 entered on the tax duplicate. For the purpose of implementing the business inventory tax exemption provided in this
37 section, the assessed value will then be credited by seventeen percent for taxable year 1985, by fifty percent for taxable
38 year 1986, and by one hundred percent for taxable year 1987 and after 1987. If, for taxable years 1986 and 1987 the
39 State does not reimburse the counties and municipalities for the full amount of the revenue lost because of the applicable
40 exemption, the counties and municipalities shall credit the percentage reimbursed to the merchant's account and bill the
41 remainder to the merchant.
PART II PAGE 546
1 (D) Notwithstanding any other provision of law, business inventory exempted from property taxation in the
2 manner provided in this section is considered taxable property in an amount equal to the 1987 tax year assessed
3 valuation for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this
4 State and for purposes of computing the index of taxpaying ability' pursuant to item (3) of Section 59-20-20.
5 (E) Where a portion of a special purpose district is annexed to a municipality, and its service functions in the
6 annexed area are assumed by the municipality, the total amount remitted to the county and municipality under this
7 section shall not exceed the total amount which would be remitted to the two entities separately. However, the assessed
8 valuation and special purpose district tax levy for tax year 1987 with respect to the annexed portion of the special
9 purpose district must be taken into consideration in determining the proportionate share of the total allocation due to the
10 county and the municipality."
11
12 F. Section 12-37-935 of the 1976 Code, as added by Section 8A, Part II, Act 458 of 1996, is amended to read:
13
14 "Section 12-37-935. (A) Except as provided in Section 12-37-930 for custom molds and dies used in the conduct
15 of manufacturing electronic interconnection component assembly devices for computers and computer peripherals, and
16 equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this
17 State and have over one billion dollars in capital investment in this State, the original cost must not be reduced more
18 than the percentage provided in the following schedule:
19
20 Property Tax Year Maximum Percentage Depreciation
21 Before 1997 80 percent
22 1997 83.3 81.65 percent
23 1998 86.6 84.43 percent
24 1999 87.21 percent
25 After 1998 1999 90 percent.
26
27 (B) There is established in the State Treasury a trust fund separate and distinct from the general fund of the State
28 and all other funds styled The Depreciation Property Tax Reimbursement Trust Fund. Annually, the General Assembly
29 shall appropriate there is transferred to this trust fund an amount sufficient to reimburse all local taxing entities the
30 amount of revenue not collected as a result of the additional depreciation more than eighty percent allowed for
31 manufacturer's machinery and equipment pursuant to this section. No reimbursement is allowed for any depreciation
32 allowed in connection with custom molds and dies used in the conduct of manufacturing electronic interconnection
33 component assembly devices for computers and computer peripherals and equipment used in the manufacture of tires
34 by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in
35 capital investment in this State. Reimbursements must be paid from the fund in the manner provided in Section
36 12-37-270, mutatis mutandis".
37
38 (C) This section is effective for property tax years beginning after 1996.
39
40 G. Section 12-37-270 of the 1976 Code is amended to read:
PART II PAGE 547
1 "Section 12-37-270. There is established in the State Treasury the Homestead Exemption Reimbursement Trust
2 Fund, a fund separate and distinct from the general fund of the State and all other funds, to which is transferred in a
3 fiscal year an amount sufficient to pay the reimbursement provided by this section. The Comptroller General, from the
4 general fund of the State from this trust fund, shall annually pay to the county treasurer of the county in which the
5 dwelling is situate for the account of each county, school district or special district therein a sum equal to the amount of
6 taxes that was not collected for such county, school district or special district by reason of the exemption provided for in
7 Section 12-37-250 and shall also annually pay to the governing body of the municipality in which the dwelling is situate
8 a sum equal to the amount of taxes that was not collected for such municipality by reason of the exemption provided for
9 in Section 12-37-250; provided, the county treasurer and municipal governing body shall furnish the Comptroller
10 General on or before April first following the tax year, or during an extension authorized by the Comptroller General
11 not to exceed sixty days an accounting or statement as prescribed by the Comptroller General that reflects the amount of
12 county, municipal, school district or special district taxes that was not collected because of the exemption; and
13 provided, further, that any funds paid by the Comptroller General as the result of an erroneous or improper application
14 shall be returned to the Comptroller General for deposit in the general fund of the State.
15 Notwithstanding any other provisions of law, the Comptroller General shall purchase and distribute the
16 applications for the homestead exemption and the costs shall be from the appropriations for reimbursement for the
17 exemption Trust Fund.
18 The Comptroller General shall promulgate regulations as may be necessary to carry out the provisions herein."
19
20 H. Section 12-37-280 of the 1976 Code is amended to read:
21
22 "Section 12-37-280. Any county, municipality, school district, and special district in which a person who has
23 reached the age of sixty-five years receives a homestead property tax exemption shall be reimbursed for such exemption
24 from the general fund of the State Homestead Exemption Reimbursement Trust Fund. Such reimbursement shall be
25 made by the Comptroller General on an annual basis on such terms and subject to such conditions as he may prescribe.
26 Nothing contained in this section shall be construed as authority to grant property tax exemption other than as
27 provided for by the laws and Constitution of this State."
28
29 I. 1. Section 12-37-251(E) of the 1976 Code is amended to read:
30
31 "(E) In the year of reassessment the millage rate for all real and personal property must not exceed the rollback
32 millage, except that the rollback millage may be increased by the percentage increase in the consumer price index for
33 the year immediately preceding the year of reassessment. However, a school district's rollback millage may be
34 increased by the same percentage as the EFA inflation factor in the annual general appropriations act. Rollback millage
35 is calculated by dividing the prior year property tax revenues by the adjusted total assessed value applicable in the year
36 the values derived from a countywide equalization and reassessment program are implemented. This amount of assessed
37 value must be adjusted by deducting assessments added for property or improvements not previously taxed, for new
38 construction, and for renovation of existing structures."
39
40 2. Property which is subject to the rollback tax and millage must be considered when reimbursements for the
41 homestead exemption are made from the homestead exemption reimbursement trust fund as provided in subsection (H)
PART II PAGE 548
1 of this section.
2
3 J. This section takes effect July 1, 1997, and first applies for general fund revenues available for appropriation for
4 fiscal years beginning after June 30, 1998, and accounting for general fund revenues affecting appropriations for fiscal
5 year 1998-99.
6
7 SECTION 16
8
9 DELETED (RULED NON-GERMANE)
10
11 SECTION 17
12
13 TO AMEND THE 1976 CODE BY ADDING SECTION 59-39-101 SO AS TO PROVIDE THAT PUBLIC AND
14 NONPUBLIC HIGH SCHOOL GRADUATES OF THIS STATE WHO MEET CERTAIN SPECIFIED
15 CRITERIA SHALL RECEIVE A SUPERIOR ACADEMIC ACHIEVEMENT HIGH SCHOOL DIPLOMA,
16 AND ALSO SHALL RECEIVE A FIVE HUNDRED DOLLAR SCHOLARSHIP TO ATTEND ANY STATE-
17 SUPPORTED INSTITUTION OF HIGHER LEARNING OR TECHNICAL COLLEGE.
18
19 A. The 1976 Code is amended by adding:
20
21 "Section 59-39-101. (A) For the purpose of recognizing and rewarding outstanding performance and academic
22 achievement on the part of public and nonpublic school students, each high school graduate who meets the requirements
23 of this section beginning with the 1997-98 school year must be awarded a Superior Academic Achievement High
24 School Diploma.
25 (B) In order to qualify for a Superior Academic Achievement High School Diploma a student shall complete at
26 least twenty-four units as prescribed by the State Board of Education including:
27 (1) four units of English or language arts;
28 (2) four units of mathematics;
29 (3) four units of science;
30 (4) four units of social science or history, one unit of which must be U.S. History;
31 (5) two units of foreign or classical languages;
32 (6) one unit of computer science beginning with school year 1999-2000, and until school year 1999-2000
33 one additional elective unit must be completed instead of a unit in computer science;
34 (7) one unit of the arts or music, provided that a third unit of foreign or classical language may be substituted
35 for this arts or music requirement;
36 (8) one unit of physical education or health; and
37 (9) three elective units.
38 (C) A student who receives a Superior Academic Achievement High School Diploma and attends a public or
39 private South Carolina institution of higher learning or technical college shall receive a five hundred dollar scholarship
40 from the State paid to the institution. The State Department of Education shall furnish the Palmetto Fellows Scholarship
41 Program of the Commission on Higher Education with a list of those students each year who are awarded Superior
PART II PAGE 549
1 Academic Achievement Diplomas. The Palmetto Fellows Scholarship Program shall then distribute the scholarship
2 funds for such students to the appropriate institutions.
3 (D) Each district school board of trustees and the administrators of each nonpublic school are encouraged to make
4 provisions, through appropriate and adequate course offerings in each high school or through cooperative arrangements
5 with other schools, for students desiring to receive a Superior Academic Achievement High School Diploma.
6 (E) The State Board of Education is authorized to promulgate regulations necessary for the implementation and
7 administration of this section. These regulations shall include specific course requirements and may also establish
8 alternatives to any area of study or course of study specified herein, provided that the adopted curriculum framework
9 demonstrates that the alternative authorized is equivalent or more advanced."
10 (F) In order to receive a Superior Academic Achievement Diploma, a student must graduate with an over-all B'
11 average.
12
13 B. This section takes effect upon approval of the Governor.
14
15 SECTION 18
16
17 TO AMEND SECTION 56-3-5010, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ISSUANCE OF
18 "PUBLIC EDUCATION: A GREAT INVESTMENT" SPECIAL LICENSE PLATES, SO AS TO PROVIDE
19 THAT A LICENSE PLATE PURCHASER MAY DESIGNATE A SCHOOL DISTRICT OR A SCHOOL TO
20 RECEIVE A PORTION OF THE LICENSE PLATE FEE, TO PROVIDE THAT THE DEPARTMENT OF
21 PUBLIC SAFETY SHALL REPORT TO THE DEPARTMENT OF EDUCATION THE SCHOOL DISTRICT
22 AND THE SCHOOL CHOSEN BY THE LICENSE PLATE PURCHASER TO RECEIVE A PORTION OF
23 THE LICENSE PLATE FEE, AND TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL
24 DISTRIBUTE A PORTION OF THE LICENSE PLATE FEE TO A SCHOOL DISTRICT FOR FURTHER
25 DISTRIBUTION TO A SCHOOL CHOSEN BY THE LICENSE PLATE PURCHASER.
26
27 A. Section 56-3-5010 of the 1976 Code, as added by Act 342 of 1996, is amended to read:
28
29 "Section 56-3-5010. The Department of Public Safety may issue a special commemorative Public Education: A
30 Great Investment' motor vehicle license plate to establish a special fund to be used by the Department of Education for
31 the purpose of providing computers to the school districts public schools. The biennial fee for the commemorative
32 license plate is fifty-four dollars, and of this amount, twenty dollars must be placed in a special Public Education: A
33 Great Investment Fund' established within and administered by the Department of Education to purchase computers for
34 use in the classroom and thirty-four dollars must be distributed to the school districts where the purchasers of the license
35 plates reside district or a school chosen by the license plate purchaser to be used to purchase computers for use in the
36 classroom. The Department of Public Safety shall report to the Department of Education the school district and the
37 school chosen by the license plate purchaser to which the funds must be distributed. The Department of Education shall
38 distribute funds to the district for further distribution to the schools chosen by the license plate purchasers. The
39 commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be
40 imprinted with the words Public Education: A Great Investment'. The plates must be issued or revalidated for a
41 biennial period which expires twenty-four months from the month they are issued."
42
PART II PAGE 550
1 B. This section takes effect July 1, 1997.
2
3 SECTION 19
4
5 TO AMEND THE 1976 CODE BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ALL SCHOOL
6 BOARD MEMBERS OR MEMBERS OF COUNTY BOARDS OF EDUCATION FIRST ELECTED OR
7 APPOINTED AFTER JULY 1, 1997, SHALL COMPLETE SUCCESSFULLY AN ORIENTATION
8 PROGRAM, TO PROVIDE FOR THE MANNER IN WHICH THIS ORIENTATION PROGRAM SHALL BE
9 CONDUCTED, AND TO PROVIDE FOR CERTAIN REIMBURSEMENT TO SCHOOL DISTRICTS OR
10 COUNTY BOARDS OF EDUCATION FOR THE COST OF THIS ORIENTATION PROGRAM.
11
12 A. The 1976 Code is amended by adding:
13
14 "Section 59-19-45. (A) Within one year of taking office, all persons elected or appointed as members of a
15 school district board of trustees after July 1, 1997, shall successfully complete an orientation in the powers, duties, and
16 responsibilities of a board member including, but not limited to, topics on policy development, personnel,
17 superintendent and board relations, instructional programs, district finance, school law, ethics, and community relations.
18 (B) The orientation shall be approved by the State Board of Education and conducted by public or private entities
19 approved by the State Board of Education such as the South Carolina School Boards Association.
20 (C) The provisions of this section also apply to members of county boards of education appointed or elected after
21 July 1, 1997, in the same manner the provisions of this section apply to members of school district boards of trustees.
22 (D) The provisions of this section do not apply to a school board trustee or county board of education member
23 who was serving in such office on July 1, 1997, and who is continuously reelected or reappointed to office thereafter.
24 (E) The State Department of Education shall reimburse a school district or county board of education conducting
25 an orientation for a new board member as required by this section at the rate of eighty dollars per member, provided that
26 the total reimbursements by the department in any one fiscal year must not exceed ten thousand dollars. If the total
27 projected cost of these reimbursements for any year as determined by the department exceeds ten thousand dollars, the
28 eighty dollar reimbursement per new member must be reduced proportionately. If funds are not available for these
29 reimbursements, the board member orientation is not required but may be conducted at the option of a school district or
30 county board of education. The State Board of Education shall establish guidelines and procedures for these
31 reimbursements."
32
33 B. This section takes effect upon approval by the Governor.
34
35 SECTION 20
36
37 TO AMEND SECTION 59-142-10, OF THE 1976 CODE, RELATING TO THE NEED-BASED GRANTS
38 PROGRAM UNDER WHICH STUDENTS MAY RECEIVE A NEED-BASED GRANT FROM THE
39 CHILDREN'S EDUCATION ENDOWMENT FUND, SO AS TO PROVIDE THAT PART-TIME AS WELL AS
40 FULL-TIME STUDENTS ARE ELIGIBLE FOR SUCH GRANTS.
PART II PAGE 551
1 A. Section 59-142-10 of the 1976 Code, as added by Section 20, Part II, of Act 458 of 1996, is amended to read:
2
3 "Section 59-142-10. (A) The State shall fund a need-based grant for a student who enrolls as an undergraduate in
4 a public institution of higher learning in this State, who applies for the need-based grant, and who meets the following
5 qualifications:
6 (1) meets domicile requirements as defined in Section 59-112-20 with the additional requirement of at least
7 twelve consecutive months of residency in the State of South Carolina immediately preceding enrollment;
8 (2) is accepted by and enrolled or registered in a state public institution of higher learning as a first degree
9 full-time or part-time student in a certificate, or diploma of at least one year in length, or undergraduate degree program;
10 (3) is of good moral character and has never been convicted of a felony; and
11 (4) is found to be in financial need according to federal Title IV regulations.
12 (B) To maintain continued state need-based grants, once enrolled a student shall:
13 (1) complete a minimum of twenty-four semester hours an academic year if a full-time student and twelve
14 semester hours an academic year if a part-time student and make satisfactory academic progress toward a degree as
15 determined by the institution;
16 (2) have no criminal record;
17 (3) be eligible for the need-based grants for a maximum of four academic years of two semesters."
18
19 B. This act takes effect upon approval by the Governor.
20
21 SECTION 21
22
23 TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY
24 ADDING CHAPTER 118 SO AS TO ENACT THE SOUTH CAROLINA ACADEMIC ENDOWMENT
25 INCENTIVE ACT OF 1997 WHICH PERMITS CERTAIN STATE-SUPPORTED COLLEGES AND
26 UNIVERSITIES TO RECEIVE STATE MATCHING FUNDS FOR ACADEMIC PURPOSES FROM THE
27 HIGHER EDUCATION MATCHING GIFT FUND HEREIN ESTABLISHED, AND TO PROVIDE FOR THE
28 MANNER IN WHICH STATE MATCHING FUNDS SHALL BE PROVIDED.
29
30 A. Title 59 of the 1976 Code is amended by adding:
31
32 "CHAPTER 118
33
34 South Carolina Academic Endowment Incentive Act of 1997
35
36 Section 59-118-10. This chapter is known and may be cited as the South Carolina Academic Endowment
37 Incentive Act of 1997.
38
39 Section 59-118-20. The purposes of this chapter are to:
40 (1) further the state's efforts to meet its responsibility for the intellectual development of our youth;
41 (2) enhance statewide economic development through initiatives in higher education; to provide incentives to
PART II PAGE 552
1 individuals, corporations, or private funding organizations to create endowments to support the teaching and related
2 activities at South Carolina's public colleges and universities;
3 (3) supplement the financial impacts of newly created endowments that support these colleges and universities.
4
5 Section 59-118-30. For purposes of this chapter:
6 (1) Qualifying college or university' means a state-supported, post-secondary, four-year educational institution
7 offering undergraduate, master, or doctoral degree programs.
8 (2) Endowments' mean permanent gifts or donations to the qualifying college or university or its principal
9 foundation including cash, income producing securities, an income producing business, real property, personal property,
10 fixed assets, mortgage notes, and life income gifts or bequests. Research grants and funds received by the institution in
11 the performance of a contractual obligation are not an endowment for purposes of this chapter.
12 (3) Principal foundation' means a foundation designated by the Board of trustees of the qualifying college or
13 university and registered with the South Carolina Secretary of State.
14 (4) Year' means a state fiscal year beginning on the first day of July and ending the following June thirtieth.
15
16 Section 59-118-40. Each qualifying college or university will provide donors with an incentive in the form of
17 matching state gifts on disbursements from earnings on certain endowments, donations, or gifts if these monies are used
18 for the purposes specified in Section 59-118-50.
19
20 Section 59-118-50. Disbursements from the earnings must be used to provide funds for academic purposes, to
21 include academic scholarships, and are then eligible to receive state matching funds.
22
23 Section 59-118-60. There is created the South Carolina Higher Education Matching Gift Fund which shall be
24 separate and distinct from the state general fund and shall be administered by the Commission on Higher Education with
25 the funds appropriated by the General Assembly in the general appropriations act of 1997-98. The General Assembly in
26 the annual general appropriations act shall appropriate monies into this matching gift fund not to exceed five million
27 dollars annually to be used for the purpose of providing matching state funds to qualifying colleges and universities for
28 purposes stipulated by this chapter. The disbursement match cannot exceed the amount provided by the South Carolina
29 Higher Education Matching Gift Fund. The State Treasurer shall manage and invest the monies in the Higher Education
30 Matching Gift Fund in the same manner and under the same terms and conditions as other state funds under his control
31 are managed and invested, and disbursements to particular colleges or universities shall be made on warrant and under
32 the direction of the Commission on Higher Education pursuant to the provisions of this chapter.
33
34 Section 59-118-70. The State of South Carolina, acting through the Commission on Higher Education, shall
35 provide funds to match funds from the qualifying college, university, or principal foundation, to the extent of available
36 funds, from the South Carolina Higher Education Matching Gift Fund established in Section 59-118-60.
37
38 Section 59-118-80. The state matching gifts authorized in Section 59-118-70 are subject to the following
39 conditions:
40 (1) qualifying disbursements to which the state matching gift is applied must come from the earnings of the
41 endowment and not from principal or corpus;
PART II PAGE 553
1 (2) the state matching funds must go directly into the college or university's operating account to be spent only
2 for the purposes authorized;
3 (3) the college or university must make application to receive state matching funds on forms and under
4 procedures prescribed by the Commission on Higher Education;
5
6 Section 59-118-90. The Commission on Higher Education shall specify by regulation the procedures for
7 submission and documentation of requests for matching state funds.
8
9 Section 59-118-100. The Commission on Higher Education shall ensure that each qualifying college or university
10 receives its proportionate share of the State Higher Education Matching Gift Fund based on the ratio of disbursements.
11 Any monies in the State Higher Education Matching Gift Fund not distributed in any year shall be carried forward for
12 the same purposes in future years and all earnings on monies in the State Higher Education Matching Gift Fund must be
13 retained in the fund and used for its stated purposes."
14
15 B. This act takes effect July 1, 1997.
16
17 SECTION 22
18
19 TO AMEND SECTION 48-48-140, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LOW-LEVEL
20 RADIOACTIVE WASTE DISPOSAL TAX, SO AS TO IMPOSE A CONTINGENT LICENSE TAX ON
21 OPERATORS OF LICENSED LOW-LEVEL RADIOACTIVE WASTE DISPOSAL SITES, TO PROVIDE
22 THE MEASURE OF THE TAX AS AN AMOUNT EQUAL TO POSSIBLE SHORTFALLS IN THE
23 SCHOLARSHIPS PORTION OF THE CHILDREN'S EDUCATION ENDOWMENT FUND, THE TIME OF
24 PAYMENT, METHOD OF COLLECTION, AND DISPOSITION OF THE REVENUE.
25
26 A. Section 48-48-140 of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding an
27 appropriately lettered subsection at the end to read:
28
29 "( ) In addition to the disposal tax imposed pursuant to this section, there is imposed a contingent annual license
30 tax on any company which operates a licensed disposal site in this State for the disposal of low-level radioactive waste.
31 The tax is an amount determined as follows:
32 (1) for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the shortfall, if any, in amounts
33 credited for the fiscal year to the Higher Education Scholarship Grants portion of the Children's Education Endowment
34 Fund and twenty-two million dollars;
35 (2) for the fiscal year beginning July 1, 1997, and ending June 30, 1998, an amount calculated as provided in
36 item (1), except that the applicable fiscal year is 1997-98 and the applicable amount is twenty-three million dollars;
37 (3) for fiscal years beginning after June 30, 1998, an amount as determined in item (1), except that the
38 applicable fiscal year is the then current fiscal year and the applicable amount is twenty-four million dollars.
39 The tax imposed by this subsection is due and payable at the same time provided for the payment of the disposal
40 fee provided pursuant to subsection (B), calculated proportionately over the fiscal year . Underpayments or
41 overpayments in a year must be reflected by an adjusted payment for the first quarter of the succeeding fiscal year.
PART II PAGE 554
1 The tax imposed by this subsection is enforceable as provided in Chapter 54 of Title 12.
2 Notwithstanding the provisions of this subsection, the entire contingent license tax due for Fiscal Year 1996-97 and
3 the estimated contingent license tax due for the first quarter of Fiscal Year 1997-98 are due and payable before January
4 31, 1998.
5 Notwithstanding the provisions of Section 59-143-10, the amount of earned revenue for the Higher Education
6 Scholarship Grants portion for Fiscal Year 1996-97 must be increased by the contingent annual license tax due and
7 payable by January 31, 1998.
8 Revenue of the contingent license tax imposed by this section must be credited to the Higher Education
9 Scholarship Grants portion of the Children's Education Endowment Fund."
10
11 B. This section takes effect upon approval by the Governor and first applies for the contingent license tax due for
12 Fiscal Year 1996-97.
13
14 SECTION 23
15
16 DELETED (RULED NON-GERMANE)
17
18 SECTION 24
19
20 TO AMEND THE 1976 CODE BY ADDING SECTION 13-1-1770 SO AS TO ESTABLISH WITHIN THE
21 ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF
22 COMMERCE A DOWNTOWN REDEVELOPMENT GRANT PROGRAM FOR THE PURPOSE OF
23 REVITALIZING AND ENHANCING THE VIABILITY OF DOWNTOWN AREAS THROUGH
24 PARTNERSHIPS OF MUNICIPAL GOVERNMENT, COUNTY GOVERNMENT, AND PRIVATE
25 INVESTORS AND TO PROVIDE MINIMUM CRITERIA FOR AWARDING THIS GRANT.
26
27 A. Article 11, Chapter 1, Title 13 of the 1976 Code is amended by adding:
28
29 "Section 13-1-1770. The Advisory Coordinating Council for Economic Development shall establish the
30 Downtown Redevelopment Program' for the purpose of making grants for revitalizing and enhancing the viability of
31 downtown areas through partnerships of municipal government, county government, and private investors.
32 The council shall establish the program guidelines, regulations, and criteria by which grants must be evaluated and
33 awarded; including, but not limited to:
34 (1) a nonstate match requirement of at least one hundred fifty percent of state grant funds; and
35 (2) completing an economic impact before an award is made."
36
37 B. This section takes effect July 1, 1997.
38
39 SECTION 25
40
41 DELETED (RULED NON-GERMANE)
42
PART II PAGE 555
1 SECTION 26
2
3 TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-185 SO AS TO PROVIDE THAT THE BUDGET
4 AND CONTROL BOARD MAY ADOPT RULES AND PROMULGATE CERTAIN REGULATIONS THAT
5 GOVERN THE OPERATION OF THE DEPARTMENT OF CORRECTIONS; AND TO AMEND SECTION
6 24-1-140, RELATING TO POWERS OF THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, SO
7 AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL
8 PERFORM CERTAIN DUTIES TO CARRY OUT THE INTENT OF CHAPTER 1, TITLE 24 OF THE 1976
9 CODE, SHALL CARRY OUT CERTAIN DIRECTIVES OF THE BUDGET AND CONTROL BOARD, AND IS
10 AUTHORIZED TO MAKE AND EXECUTE CERTAIN CONTRACTS.
11
12 A. Article 1, Chapter 11, Title 1 of the 1976 Code is amended by adding:
13
14 "Section 1-11-185. (A) The Budget and Control Board is authorized to adopt rules and promulgate regulations
15 governing the transaction of the business of the penal system of the State by the Department of Corrections and its
16 director and the administration of the affairs of the penal system in the different penal institutions under its authority and
17 supervision and shall make the institutions as self-supporting as possible.
18 (B) The Budget and Control Board shall adopt rules and promulgate regulations governing the negotiation and
19 execution of any contract for the land acquisition, design, construction, operation, maintenance, use, lease, or
20 management of a state correctional institution or for any services pertaining to the custody, care, and control of inmates
21 or other functions related to the discharge of these responsibilities.
22 (C) All rules adopted and regulations promulgated must comply with the provisions of the Administrative
23 Procedures Act. The courts shall take judicial notice of these rules and regulations.
24 (D) The director of the Department of Corrections shall cause to be designed and constructed institutions
25 commensurate with security levels and quality standards, including operational costs and staffing, which exist at other
26 recently constructed South Carolina correctional facilities."
27
28 B. Section 24-1-140 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
29
30 "Section 24-1-140. (A) The director shall have power to prescribe reasonable rules and regulations governing
31 the humane treatment, training, and discipline of prisoners, and to make provision for the separation and classification
32 of prisoners according to sex, color, age, health, corrigibility, and character of offense upon which the conviction of the
33 prisoner was secured.
34 (B) The director shall perform other duties and functions that are necessary or desirable to carry out the intent of
35 this chapter and that he may be directed to perform by the Budget and Control Board. The director, or his designee, is
36 authorized to make and execute contracts and all other instruments necessary or convenient for the acquisition of
37 professional and personal employment services and for the leasing of real property.
38 Subject to legislative appropriations, the director is authorized to make and execute any contract for the land
39 acquisition, design, construction, operation, maintenance, use, lease, or management of a state correctional institution or
40 for any services pertaining to the custody, care, and control of inmates or other functions that are related to the discharge
41 of these responsibilities and to designate any person or organization with whom the director contracts as a law
PART II PAGE 556
1 enforcement unit."
2
3 C. This section takes effect July 1, 1997.
4
5 SECTION 27
6
7 TO AMEND SECTION 14-5-610, AS AMENDED, OF THE 1976 CODE, RELATING TO CIRCUIT COURTS
8 AND CIRCUIT COURT JUDGES, SO AS TO ADD AN ADDITIONAL JUDGE FOR THE FIRST, FIFTH,
9 AND THIRTEENTH CIRCUITS; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO THE
10 FAMILY COURTS AND FAMILY COURT JUDGES, SO AS TO ADD AN ADDITIONAL JUDGE FOR THE
11 FIRST, NINTH, AND THIRTEENTH CIRCUITS, TO PROVIDE FOR THE DATE THESE JUDGES TAKE
12 OFFICE, AND TO FURTHER PROVIDE FOR THE RESIDENCY REQUIREMENTS FOR CERTAIN OF
13 THESE FAMILY COURT JUDGES.
14
15 A. Section 14-5-610 of the 1976 Code, as last amended by Part II, Section 85A of Act 145 of 1995, is further amended
16 to read:
17
18 "Section 14-5-610. The State is divided into sixteen judicial circuits as follows:
19 (1) The first circuit is composed of the counties of Calhoun, Dorchester, and Orangeburg.
20 (2) The second circuit is composed of the counties of Aiken, Bamberg, and Barnwell.
21 (3) The third circuit is composed of the counties of Clarendon, Lee, Sumter, and Williamsburg.
22 (4) The fourth circuit is composed of the counties of Chesterfield, Darlington, Marlboro, and Dillon.
23 (5) The fifth circuit is composed of the counties of Kershaw and Richland.
24 (6) The sixth circuit is composed of the counties of Chester, Lancaster, and Fairfield.
25 (7) The seventh circuit is composed of the counties of Cherokee and Spartanburg.
26 (8) The eighth circuit is composed of the counties of Abbeville, Greenwood, Laurens, and Newberry.
27 (9) The ninth circuit is composed of the counties of Charleston and Berkeley.
28 (10) The tenth circuit is composed of the counties of Anderson and Oconee.
29 (11) The eleventh circuit is composed of the counties of Lexington, McCormick, Saluda, and Edgefield.
30 (12) The twelfth circuit is composed of the counties of Florence and Marion.
31 (13) The thirteenth circuit is composed of the counties of Greenville and Pickens.
32 (14) The fourteenth circuit is composed of the counties of Allendale, Hampton, Colleton, Jasper, and Beaufort.
33 (15) The fifteenth circuit is composed of the counties of Georgetown and Horry.
34 (16) The sixteenth circuit is composed of the counties of York and Union.
35 One judge must be elected from the first, second, sixth, twelfth, and sixteenth circuits. Two judges must be
36 elected from the first, third, fourth, seventh, eighth, tenth, eleventh, fourteenth, and fifteenth circuits. Three judges must
37 be elected from the fifth, ninth, and thirteenth circuits circuit. Four judges must be elected from the fifth and thirteenth
38 circuits.
39 In addition to the above judges authorized by this section, there must be thirteen additional circuit judges elected by
40 the General Assembly from the State at large for terms of office of six years. These additional judges must be elected
41 without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned
PART II PAGE 557
1 numerical designations of Seat No. 1 through Seat No. 13 respectively."
2
3 B. Section 20-7-1410 of the 1976 Code, as last amended by Part II, Section 85E Act 145 of 1995, is further amended
4 to read:
5
6 "Section 20-7-1410. The General Assembly shall elect a number of family court judges from each judicial circuit
7 as follows:
8
9 First Circuit Two Three Judges
10 Second Circuit Two Judges
11 Third Circuit Three Judges
12 Fourth Circuit Three Judges
13 Fifth Circuit Four Judges
14 Sixth Circuit Two Judges
15 Seventh Circuit Three Judges
16 Eighth Circuit Three Judges
17 Ninth Circuit Five Six Judges
18 Tenth Circuit Three Judges
19 Eleventh Circuit Three Judges
20 Twelfth Circuit Three Judges
21 Thirteenth Circuit Five Six Judges
22 Fourteenth Circuit Three Judges
23 Fifteenth Circuit Three Judges
24 Sixteenth Circuit Two Judges
25
26 In the following judicial circuits at least one family court judge must be a resident of each county in the circuit:
27 fifth, seventh, ninth, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of three or
28 more counties at least one family court judge must be a resident of one of the counties which does not have the largest
29 population in the circuit. In the ninth circuit, both counties in the circuit must have at least two resident family court
30 judges.
31 No county in the sixth circuit shall have more than one resident family court judge."
32
33 C. Those additional circuit court and family court judges authorized by the provisions of subsections (A) and (B)
34 of this section shall take office May 17, 1998, and the Judicial Merit Selection Commission on the effective date of this
35 section shall begin the process of nominating candidates for these offices and the General Assembly shall then elect
36 such judges from the nominees of the commission so that these judges may take office on May 17, 1998."
37
38 SECTION 28
39
40 TO AMEND SECTION 9-8-120, AS AMENDED, OF THE 1976 CODE, RELATING TO THE RETURN OF
41 BENEFICIARIES TO STATE SERVICE AND THE PRACTICE OF LAW FOR MEMBERS OF THE
PART II PAGE 558
1 RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO FURTHER PROVIDE FOR THE
2 MANNER IN WHICH A RETIRED JUDGE OR JUSTICE MUST MAKE AN ELECTION TO PRACTICE
3 LAW OR BE ELIGIBLE FOR APPOINTMENT TO SERVE IN THE COURTS OF THIS STATE AND TO
4 PROVIDE THAT AN ELECTION TO PRACTICE LAW IS IRREVOCABLE.
5
6 A. Section 9-8-120(4) of the 1976 Code, as last amended by Section 5, Act 610 of 1990, is further amended to read:
7
8 "(4) A justice or judge drawing retirement compensation who engages in the practice of law may not serve as a
9 justice or judge in any court in this State. Within thirty days of his retirement under this chapter, a retired judge or
10 justice shall make an irrevocable election as to whether he wishes to engage in the practice of law or be eligible for
11 appointment by the Chief Justice as a judge or justice in the courts of this State. If his election is to engage in the
12 practice of law, it is irrevocable and he may not thereafter be appointed by the Chief Justice to serve as a justice or judge
13 in the courts of this State. If his election is to be eligible for appointment to serve as a justice or judge in the courts of
14 this State and not to practice law, he may at any time thereafter change such election and decide to engage in the
15 practice of law, at which point his decision becomes irrevocable."
16
17 B. This section takes effect July 1, 1997.
18
19 SECTION 29
20
21 TO AMEND THE 1976 CODE BY ADDING SECTION 38-7-35 SO AS TO PROVIDE THAT ONE HUNDRED
22 SEVENTY-FIVE THOUSAND DOLLARS OF THE REVENUE COLLECTED ANNUALLY PURSUANT TO
23 SECTION 38-7-30, REGARDING THE TAX ON FIRE INSURERS TO COVER EXPENSES OF
24 INSPECTIONS AND INVESTIGATIONS, MUST BE TRANSFERRED TO THE DEPARTMENT OF LABOR,
25 LICENSING AND REGULATION FOR CERTAIN PURPOSES AND REQUIRE THE DEPARTMENT TO
26 MAKE AN ANNUAL REPORT.
27
28 The 1976 Code is amended by adding:
29
30 "Section 38-7-35. (A) One hundred seventy-five thousand dollars of the revenue collected annually pursuant to
31 Section 38-7-30 must be transferred to the Department of Labor, Licensing and Regulation for the purpose of
32 implementing the training, certification, and continuing education program for building codes enforcement officers as
33 provided by law.
34 (B) The Department of Labor, Licensing and Regulation shall report annually to the Chairman of the Senate
35 Finance Committee and the Chairman of the House Ways and Means Committee detailing actual program expenditures
36 including, but not limited to, the number of instructors employed, the number of training sessions conducted, and the
37 number of certifications issued. This report must be submitted to the respective chairmen no later than January fifteenth
38 of each year."
PART II PAGE 559
1 SECTION 30
2
3 TO AMEND SECTION 2-51-10 OF THE 1976 CODE, RELATING TO THE JOINT LEGISLATIVE STUDY
4 COMMITTEE ON THE AGING, SO AS TO REQUIRE COMMITTEE STAFF SUPPORT TO BE PROVIDED
5 BY THE STATE REORGANIZATION COMMISSION AND TO DELETE THE AUTHORIZATION FOR
6 MILEAGE, SUBSISTENCE, AND PER DIEM FOR MEMBERS AND THE REFERENCE TO THE
7 COMMITTEE'S ANNUAL APPROPRIATION.
8
9 A. Section 2-51-10 of the 1976 Code is amended to read:
10
11 "Section 2-51-10. There is created a permanent committee to conduct continuing studies of public and private
12 services, programs, and facilities for the Aging in South Carolina and report its findings and recommendations annually
13 to the General Assembly. Three members shall must be appointed from the Senate by the President thereof, three
14 members shall must be appointed from the House of Representatives by the Speaker, and three members shall must be
15 appointed by the Governor. Terms of legislative members shall be are coterminous with the term of the appointing
16 Governor. Members of the committee shall receive mileage, per diem, and subsistence as provided by law for members
17 of boards, committees and commissions. Expenses of the committee shall be provided by an annual appropriation in the
18 General Appropriation Appropriations Act. The Legislative Council shall provide such legal services as the committee
19 may require in the performance of its duties. From funds appropriated to the State Reorganization Commission in the
20 General Appropriations Act for Fiscal Year 1997-98 and subsequent years, the commission shall provide all other staff
21 support for the committee."
22
23 B. This section takes effect July 1, 1997.
24
25 SECTION 31
26
27 TO AMEND THE 1976 CODE BY ADDING SECTION 59-130-35 SO AS TO AUTHORIZE THE BOARD OF
28 TRUSTEES OF THE COLLEGE OF CHARLESTON, WITH THE CONSENT OF THE BUDGET AND
29 CONTROL BOARD, TO SELL REMLEY'S POINT WHICH IT OWNS IN CHARLESTON COUNTY
30 DURING FISCAL YEAR 1997-98 OR THEREAFTER, AND TO PROVIDE THAT CERTAIN FUNDS
31 APPROPRIATED TO THE COLLEGE IN SECTION 18E, PART I OF THIS ACT, AFTER THIS PROPERTY
32 IS SOLD SHALL BE USED FOR THE PURPOSE OF ACQUIRING THROUGH LEASE OR PURCHASE
33 ADDITIONAL REAL AND PERSONAL PROPERTY IN CHARLESTON COUNTY WHICH SHALL BE
34 USED FOR ATHLETIC, INTRAMURAL, OR SPORTS PROGRAMS OF THE COLLEGE, AND TO
35 PROVIDE THAT THE PROCEEDS DERIVED FROM THIS SALE SHALL BE RETAINED BY THE
36 COLLEGE AND USED TO REIMBURSE THE APPROPRIATION WHICH WAS USED TO FUND THIS
37 PURCHASE.
38
39 A. The 1976 Code is amended by adding:
40
41 "Section 59-130-35. (A) Pursuant to item (4) of Section 59-130-30, the board of trustees of the College of
PART II PAGE 560
1 Charleston, with the consent of the Budget and Control Board, is authorized to sell Remley's Point which it owns in
2 Charleston County during fiscal year 1997-98 or thereafter for such price and under such terms and conditions as the
3 board considers appropriate. The funds appropriated to the college for other operating expenses on line 13, Section 18E,
4 Part I of this act, after this property is sold shall be used by the college for the purpose of acquiring through lease or
5 purchase additional real and personal property in Charleston County which shall be used for athletic, intramural, or
6 sports programs of the college. The proceeds derived from this sale shall be retained by the college and used to
7 reimburse the appropriation which was used as provided above to fund this purchase.
8 (B) Remley's Point for purposes of this section is described as follows:
9
10 All that certain piece, parcel or tract of land, situate, lying and being in Christ Church Parish in the County of
11 Charleston, State aforesaid, containing 17.32 acres of highland and 15 acres of marshlands, be the same more or less,
12 more particularly shown and delineated on a plat thereof entitled Plat of 17.32 acres in Christ Church Parish,
13 Charleston County, State aforesaid conveyed by the Estates of W. A. Leland and W. R. Bonsal to the College of
14 Charleston', surveyed August 6, 1975, by W. L. Gaillard, Surveyor.'
15
16 The property is further identified on Charleston County Tax Map 514-05-00 as parcel number 6."
17
18 SECTION 32
19
20 TO AMEND SECTION 56-3-2350, AS AMENDED, OF THE 1976 CODE, RELATING TO TRANSPORTER
21 MOTOR VEHICLE LICENSE PLATES, SO AS TO LIMIT THEIR USE TO MOVEMENT OF MOTOR
22 VEHICLES FROM A MANUFACTURER TO A DEALER OR DISTRIBUTOR, IN CONNECTION WITH
23 THE CONSTRUCTION OF VEHICLE CABS OR BODIES, AND MOVING FORECLOSED OR
24 REPOSSESSED VEHICLES AND TO PROHIBIT THE USE OF THESE PLATES ON VEHICLES LOANED,
25 RENTED, OR LEASED TO EMPLOYEES OF THE TRANSPORTER OR ANY OTHER INDIVIDUALS.
26
27 Section 56-3-2350 of the 1976 Code, as amended by Act 497 of 1994, is further amended to read:
28
29 "Section 56-3-2350. A person engaged in a the business of limited operation of motor vehicles to facilitate the
30 manufacture or the movement of vehicles from a manufacturer to a dealer or distributor, or for the move of vehicles to
31 further the construction of cabs or bodies, or in connection with the foreclosure or repossession of these motor vehicles
32 may apply to the department for special registration to be issued to and used by the person upon the following
33 conditions:
34 (1) The application must be in a form prescribed by the department to include the applicable liability insurance as
35 prescribed by statute and filed with the department each year. The application must include the name and residence
36 address of the applicant as follows:
37 (a) if an individual, the name under which he intends to conduct business;
38 (b) if a partnership, the name and residence address of each member of the partnership and the name under
39 which the business is to be conducted;
40 (c) if a corporation, the name and company addresses of the corporation and the name and residence address
41 of each of its officers.
PART II PAGE 561
1 (2) The application must be certified by the applicant and by an agent of the department to verify the facts set
2 forth in the application.
3 (3) The annual fee for registration is fifty dollars, plus an annual fee of ten dollars for each license plate.
4 (4) License plates authorized by this section must not be used on vehicles that are loaned, rented, or leased by the
5 licensed transporter to employees or any other individuals."
6
7 SECTION 33
8
9 TO AMEND SECTION 59-20-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE "INDEX OF
10 TAXPAYING ABILITY" FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO PROVIDE
11 THAT FOR PURPOSES OF DISBURSING EFA FUNDING PROVIDED IN SECTION 19, PART I, OF THIS
12 ACT AND FOR PURPOSES OF THE INDEX OF TAXPAYING ABILITY, THE VALUE OF A FEE IN LIEU
13 OF TAXES SHALL BE COMPUTED IN A CERTAIN MANNER.
14
15 Section 59-20-20(3) of the 1976 Code, is further amended by adding a new paragraph at the end to read:
16
17 "For purposes of disbursing EFA funding provided on line 21, Section 19, Part I, of this act and for purposes of
18 the index of taxpaying ability, the value of a fee in lieu of taxes shall be computed by the Department of Revenue by
19 basing the computation on the net fee received and retained by the school district. The value thus computed shall not be
20 inflated by any portion of the fee shared with or used by any other local taxing authority."
21
22 SECTION 34
23
24 TO AMEND SECTION 51-23-30 OF THE 1976 CODE, RELATING TO GRANT FUNDS FOR PARKS AND
25 RECREATION FACILITIES, SO AS TO ALLOW UNSPENT GRANT FUNDS TO BE CARRIED FORWARD
26 FOR SEVEN YEARS INSTEAD OF THREE YEARS.
27
28 The department shall devise and administer a noncompetitive program of grants to eligible entities within each county
29 area for planning and development for of new parks and recreation facilities or renovations of existing facilities. Grant
30 funds may not be used to supplant existing funding for parks and recreation purposes nor may they be used to retire
31 indebtedness incurred prior to before July 1, 1988. Grant awards must be made by the department according to criteria
32 and administrative guidelines it shall develop develops and furnish furnishes to potential grant applicants. All grants
33 must be in the form of reimbursements and no a grant may not be awarded unless the grantee matches the grant in an
34 amount equal to at least twenty percent of the grant. All grant applications must be submitted in writing and signed by a
35 majority of the members of the legislative delegation representing the eligible entity applying for the grant. Unexpended
36 grant funds in any account may be carried forward for not more than three seven succeeding fiscal years, after which
37 any. Then unexpended funds must be reallocated on a statewide basis in the next fiscal year as part of the distribution to
38 the Fund for that year."
PART II PAGE 562
1 SECTION 35
2
3 TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE BY ADDING ARTICLE 52 SO AS TO PROVIDE
4 FOR CHARTER LIMOUSINE LICENSE PLATES, TO ESTABLISH A TWENTY-FIVE DOLLAR FEE FOR
5 SUCH PLATES, AND TO PROVIDE FUNDING FOR PROCESSING DOCUMENTS RELATED TO
6 ACQUIRING THESE PLATES.
7
8 A. Chapter 3, Title 56 of the 1976 Code is amended by adding:
9
10 "Article 52
11
12 Charter Limousine License Plates
13
14 Section 56-3-5300. (A) In addition to complying with any other registration and license fee requirement
15 contained in this chapter, a charter limousine' regulated by the South Carolina Public Service Commission must
16 acquire a special license plate from the Department of Public Safety upon submission of proof that the charter limousine
17 is certified as a Class C Charter Limousine' by the commission.
18 (B) The biennial fee for this special license plate is twenty-five dollars.
19 (C) Of the funds appropriated to the Public Service Commission in the Annual Appropriations Act for 1997-1998
20 and subsequent years for Operations/Administration, Other Operating Expenses, sufficient funds must be used to
21 process documents providing proof that the charter limousine is certified as a Class C Charter Limousine' as required
22 by subsection (A)."
23
24 B. This section takes effect July 1, 1997.
25
26 SECTION 36
27
28 TO AMEND SECTION 8-21-310, AS AMENDED, OF THE 1976 CODE, RELATING TO FEES AND COSTS
29 COLLECTED BY COUNTY OFFICIALS, SO AS TO ADD A SURCHARGE OF FIFTEEN DOLLARS TO
30 THE FEE FOR FILING A COMPLAINT OR PETITION IN CIRCUIT OR FAMILY COURT TO BE
31 ALLOCATED TOWARD CIVIL REPRESENTATION OF INDIGENTS.
32
33 A. Section 8-21-310(11)(a) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
34
35 "(a) (1) For filing first complaint or petition, including application for a remedial and prerogative writ and bond
36 on attachment or other bond, in a civil action or proceeding, in a court of record, fifty-five dollars. There is no further
37 fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or
38 proceeding. An original application for post conviction relief may be filed without fee upon permission of the court to
39 which the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree, or
40 order of dismissal, and enrolling a judgment thereon on it, for signing, sealing, and issuance of execution, or for entering
41 satisfaction or partial satisfaction on a judgment.
PART II PAGE 563
1 (2) A fifteen dollar surcharge is added to each fee for filing a complaint or petition in circuit or family court.
2 Funds received from the surcharge must be forwarded to the State Treasurer and deposited in a special account titled the
3 Defense of Indigents Per Capita Fund. The Commission on Indigent Defense shall distribute these funds on December
4 thirty-first and on June thirtieth of each year, to South Carolina organizations that are grantees of the Legal Services
5 Corporation, proportionate to each recipient's share of the state's poverty population."
6
7 B. This section takes effect July 1, 1997.
8
9 SECTION 37
10
11 TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2995 SO AS TO REQUIRE AN ADDITIONAL
12 FINE OF TWELVE DOLLARS ON EVERY VIOLATION FOR DRIVING UNDER THE INFLUENCE OF
13 INTOXICATING LIQUORS OR NARCOTICS OR OTHER DRUGS TO BE REMITTED TO AND
14 DISTRIBUTED BY THE STATE TREASURER TO THE DEPARTMENT OF DISABILITIES AND SPECIAL
15 NEEDS FOR ITS HEAD AND SPINAL CORD INJURIES FAMILY SUPPORT PROGRAM AND THE
16 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR EMERGENCY MEDICAL
17 SERVICES.
18
19 Section 56-5-2995. In addition to fines imposed under this article, an additional fine of twelve dollars must be
20 remitted to the State Treasurer who must distribute ten dollars of these funds to the Department of Disabilities and
21 Special Needs for the Head and Spinal Cord Injuries Family Support Program and two dollars to the Department of
22 Health and Environmental Control Emergency Medical Services-Aid to Counties, restricted.
23
24 SECTION 38
25
26 TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE RELATING TO MOTOR VEHICLE
27 REGISTRATION AND LICENSING BY ADDING ARTICLE 54 SO AS TO PROVIDE FOR THE ISSUANCE
28 OF "SOUTH CAROLINA STATE PARKS: EXPLORE THE WONDERLANDS" LICENSE PLATES, AND TO
29 PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.
30
31 A. Chapter 3, Title 56 of the 1976 Code is amended by adding:
32
33 "Article 54
34
35 South Carolina State Parks: Explore the Wonderlands License Plates
36
37 Section 56-3-5500. (A) The department may issue a special commemorative South Carolina State Parks:
38 Explore the Wonderlands' motor vehicle license plate to promote and contribute to the maintenance and operation of
39 state parks. The department shall develop forms to be completed by the vehicle registrant upon purchase of the license
40 plate which designates to which state park the portion of the license fee, pursuant to subsection (B), must be distributed.
41 (B) The biennial fee for the commemorative license plate is seventy-two dollars. Twenty-four dollars of this
PART II PAGE 564
1 amount must be deposited in the state general fund. Forty-eight dollars of this amount must be remitted to the State
2 Treasurer for distribution to the state parks pursuant to the designations made by the vehicle registrants upon purchase
3 of the license plates to promote and maintain the operation of the state parks.
4 (C) The commemorative plate must be of the same size and general design of a regular motor vehicle license plate
5 and must be imprinted with the words South Carolina State Parks: Explore the Wonderlands'. The plates must be
6 issued or revalidated for a biennial period which expires twenty-four months from the month they are issued."
7
8 B. Of the funds designated to the State Parks, a portion must be used to reimburse the Department of Transportation
9 for its set-up costs, if any, resulting from this special issue.
10
11 C. This section takes effect July 1, 1997.
12
13 SECTION 39
14
15 TO AMEND ACT 152 OF 1995 RELATING TO THE SOUTH CAROLINA COMMISSION ON SPORTING
16 DOGS AND FIELD TRIALS SO AS TO REQUIRE THE COMMISSION TO DEVELOP FEES FOR
17 FACILITY USE AND DOG ENTRIES IN ORDER TO ENABLE THE H. COOPER BLACK, JR. MEMORIAL
18 FIELD TRIAL RECREATIONAL AREA TO BE SELF-SUSTAINING AND TO PROVIDE FOR AND TO
19 REQUIRE A REPORT ON THE COLLECTION AND USE OF THESE FEES.
20
21 Section 1. (C) Act 152 of 1995 is amended by adding at the end:
22
23 The Sstate plan shall include a fee schedule including, but not limited to a facility use fee, dog entry fees, and any
24 other fees the commission deems necessary to enable the H. Cooper Black, Jr. Memorial Field Trial and Recreational
25 area to be self-sustaining beginning July 1, 1999.
26 These fees are in addition to the utility fee charged by the S. C. Forestry Commission. Revenue received will be
27 deposited in the H. Cooper Black, Jr. Memorial Field Trial and Recreational Area line item within the S. C. Forestry's
28 Commission's budget and will be used cooperatively with the Department of Natural Resources and Parks, Recreation
29 and Tourism for personal service funds, infrastructure, maintenance, enhancement and operation of the field trial area
30 program in conjunction with the commission. A report of fees collected and disbursements made during FY 97-98 must
31 be made to the House Ways and Means Committee and the Senate Finance Committee by August 31, 1998.
32
33 SECTION 40
34
35 TO DIRECT THE DEFERRED COMPENSATION COMMISSION TO STUDY AND IMPLEMENT AT
36 LEAST TWENTY ADDITIONAL OPTIONAL MUTUAL FUND SELECTIONS FOR THE DEFERRED
37 COMPENSATION PLAN AND TO PROVIDE FUNDING.
38
39 A. The Deferred Compensation Commission shall study and implement at least twenty additional optional mutual
40 selections ranging from low risk to very aggressive funds for the deferred compensation plan.
PART II PAGE 565
1 B. Of the funds appropriated to the Budget and Control Board-Division of Executive Director for "Other Operating
2 Expenses" under the "Office of Internal Operation/Internal Operations" $10,000, may be used to fund the study and
3 implementation required by subsection A.
4
5 SECTION 41
6
7 TO AMEND SECTION 56-3-210, AS AMENDED, OF THE 1976 CODE, RELATING TO THE GRACE
8 PERIOD FOR PROCURING A MOTOR VEHICLE REGISTRATION AND LICENSE, SO AS TO REQUIRE
9 THAT A TEMPORARY LICENSE PLATE CONTAINING CERTAIN INFORMATION MUST BE
10 DISPLAYED ON THE MOTOR VEHICLE BEFORE THE REGISTRATION AND LICENSE PLATE ARE
11 RECEIVED, TO PROVIDE FINES FOR THE FAILURE TO DISPLAY OR THE DISPLAY OF
12 INACCURATE OR FALSE INFORMATION, AND TO PROVIDE FUNDING FOR THE TEMPORARY
13 LICENSE PLATES.
14
15 A. Section 56-3-210 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
16
17 "Section 56-3-210. (A) Persons newly acquiring vehicles and owners of foreign vehicles being moved into this
18 State and required to be registered under this chapter may have not more than forty-five days in which to register and
19 license them.
20 (B) Before obtaining a motor vehicle registration and license plate pursuant to subsection (A), a temporary license
21 plate issued by the department must be displayed in the space designated for the placement of a permanent license plate.
22 A number determined by the department, the motor vehicle's purchase date, and the date the grace period contained in
23 subsection (A) expires must be displayed on a temporary license plate. Funds provided in the annual appropriations act,
24 Department of Public Safety, Motor Vehicles Inspection Program for other Operating Expenses must be used to
25 purchase these temporary license plates.
26 (C) The department shall issue temporary paper license plates at a cost of one dollar to licensed motor vehicle
27 dealers who must issue these license plates to purchasers of motor vehicles for two dollars.
28 (D) A person who purchases a motor vehicle from a person other than a licensed motor vehicle dealer, within three
29 business days of the purchase, must obtain a temporary license plate from the department. The cost of this license plate
30 is two dollars.
31 (E) A person issuing a temporary license plate must obtain the motor vehicle owner's driver's license number, the
32 vehicle's identification number, and proof of insurance. This information must be filed with the department.
33 (F) A person subject to the provisions contained in subsection (B) is responsible for the accuracy of the
34 information displayed. Failure to display or properly display the information required in this section shall result in a
35 fine of not more than twenty-five dollars. Display of false information shall result in a fine of not more than five
36 hundred dollars."
37
38 B. This section takes effect July 1, 1997.
PART II PAGE 566
1 SECTION 42
2
3 TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-470, SO AS TO PROHIBIT A STATE AGENCY
4 FROM EXPENDING MONIES APPROPRIATED BY THE GENERAL ASSEMBLY TO PURCHASE SPACE
5 INCLUDING, BUT NOT LIMITED TO, NOTICES OR ADVERTISEMENTS, IN A PRINT MEDIUM OR
6 TIME FROM A RADIO OR TELEVISION MEDIUM WITHOUT UNANIMOUS PRIOR WRITTEN
7 APPROVAL OF THE STATE BUDGET AND CONTROL BOARD; TO PROHIBIT A CONSTITUTIONAL
8 OFFICER OR AGENCY HEAD FROM HAVING PRINTED ON, OR DISTRIBUTED WITH, EXTRANEOUS
9 PROMOTIONAL MATERIAL AND FROM PURCHASING PLAQUES, AWARDS, CITATIONS, OR OTHER
10 RECOGNITIONS WITHOUT PRIOR UNANIMOUS WRITTEN APPROVAL OF THE STATE BUDGET
11 AND CONTROL BOARD; AND TO REQUIRE AGENCIES EXPENDING NONPUBLIC FUNDS TO SUBMIT
12 THE SOURCE OF THE FUNDS SHOWING ALL CONTRIBUTORS TO THE STATE BUDGET AND
13 CONTROL BOARD; AND TO PROVIDE EXCEPTIONS.
14
15 A. The 1976 Code is amended by adding:
16
17 Section 1-11-470. (A) No funds appropriated by the General Assembly may be used to purchase space including,
18 but not limited to, notices or advertisements, in a print medium or time from a radio or television medium without
19 unanimous prior written approval of the State Budget and Control Board.
20 (B) No funds appropriated by the General Assembly may be used by a constitutional officer or agency head to
21 print on, or distribute with, official documents extraneous promotional material or to purchase plaques, awards,
22 citations, or other recognitions without unanimous prior written approval of the Budget and Control Board.
23 (C) If nonpublic funds are used for the purposes enumerated in subsection (A) the agency expending the funds,
24 must submit the source of the funds showing all contributors, to the State Budget and Control Board before the funds
25 are expended.
26 (D) The provisions of this section do not apply to the Governor or General Assembly.
27
28 B. Of the funds appropriated to the Budget and Control Board - Division of Operations for the Office of General
29 Services in the annual appropriations act for 1997-98 and subsequent years for administration, other operating expenses,
30 and classified positions, sufficient funds must be used to provide staff to review and make recommendations to the State
31 Budget and Control Board for approval of agency or a constitutional officer's plan.
32
33 C. This section is effective July 1, 1997.
34
35 END OF PART II
36
37 All Acts or parts of Acts inconsistent with any of the provisions of Part I of this Act are hereby suspended for the
38 Fiscal Year 1997-98.
39 All Acts or parts of Acts inconsistent with any of the provisions of Part II of this Act are hereby repealed.
40 Except as otherwise specifically provided herein, this Act shall take effect immediately upon its approval by the
41 Governor.
PART II PAGE 535
1 PART II
2
3 PERMANENT PROVISIONS
4
5
6 SECTION 1
7
8 The Code Commissioner is directed to include all permanent general laws in this Part in the next edition of the Code of
9 Laws of South Carolina, 1976, and all supplements to the Code.
10
11 SECTION 2
12
13 DELETED
14
15 SECTION 3
16
17 TO AMEND SECTION 38-7-30, AS AMENDED, OF THE 1976 CODE, RELATING TO THE TAX ON FIRE
18 INSURERS TO COVER THE EXPENSES OF INSPECTIONS AND INVESTIGATIONS, SO AS TO
19 PROVIDE, AMONG OTHER THINGS, FOR THE USE OF FIFTY PERCENT OF THE ONE PERCENT TAX
20 LEVIED IN THIS SECTION AND FOR AN ANNUAL REPORT OF THE DEPARTMENT OF LABOR,
21 LICENSING AND REGULATION.
22
23 A. Section 38-7-30 of the 1976 Code, as amended by Section 534 of Act 181 of 1993, is further amended to read:
24
25 "Section 38-7-30. Any expenses, including expenses of counsel, detectives, and officers, incurred by the
26 discrimination in rates, must be defrayed by the fire insurance companies doing business in this State, and a tax of one
27 percent on the gross premium receipts less premiums returned on canceled policy contracts and less dividends and
28 returns of unabsorbed premium deposits of all fire insurance companies is levied for this purpose, to be collected by the
29 director or his designee as other taxes on fire insurance companies are collected. The director or his designee shall keep
30 a separate account of all monies received and disbursed under the provisions of this section and shall include the
31 account in his annual report. Fifty percent of the one percent tax levied in this section must be directed to the Division
32 of Fire and Life Safety of the Department of Labor, Licensing and Regulation to be used only for expenses of this
33 division. For fiscal year 1997-98 only, the fifty percent of the tax levied by this section that is directed to the
34 Department of Labor, Licensing and Regulation is capped at $2,567,325. The department shall report annually to the
35 Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee where any
36 growth above the base authorization for the preceding is expended and for what purposes within the Division of Fire
37 and Life Safety."
38
39 B. This section takes effect July 1, 1997.