General Appropriations Bill H. 3400 for the fiscal year beginning July 1, 1997
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PART II PAGE 547
1 PART II
3 PERMANENT PROVISIONS
6 SECTION 1
8 The Code Commissioner is directed to include all permanent general laws in this Part in the next edition of the Code of Laws
9 of South Carolina, 1976, and all supplements to the Code.
11 SECTION 2
13 TO AMEND SECTION 12-6-1140 OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH
14 CAROLINA TAXABLE INCOME FOR PURPOSE OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO
15 PROVIDE A DEDUCTION NOT TO EXCEED FIFTY THOUSAND DOLLARS FOR TAXPAYERS AT LEAST
16 SIXTY-FIVE YEARS OF AGE PHASED IN OVER FIVE TAXABLE YEARS WITH A MAXIMUM DEDUCTION
17 OF TWELVE THOUSAND DOLLARS FOR THE 1997 TAXABLE YEAR, AND TO PROVIDE PROCEDURES
18 TO IMPLEMENT THIS DEDUCTION.
20 A. Section 12-6-1140 of the 1976 Code, as added by Act 76 of 1995, is amended by adding an appropriately numbered
21 item to read:
23 "( ) a dollar amount provided in the schedule below of South Carolina taxable income received by a resident individual
24 taxpayer who before or during the applicable taxable year has attained the age of sixty-five:
26 Taxable Year Maximum Deduction Allowed
27 1997 11,500
28 1998 17,500
29 1999 25,000
30 2000 37,000
31 After 2000 50,000
33 The deduction authorized by this item must be reduced by the amount of any retirement income deducted from South
34 Carolina taxable income pursuant to item (3) by that taxpayer. If a married taxpayer eligible for this deduction files a joint
35 federal income tax return with a spouse who is not eligible for this deduction, then their joint income must be allocated
36 between them on a pro-rata basis in the manner the department shall provide."
38 B. This section applies for taxable years beginning after 1996.
PART II PAGE 548 1 SECTION 3 2 3 TO AMEND THE 1976 CODE BY ADDING SECTION 1-30-66 SO AS TO PROVIDE FOR THE 4 APPROPRIATION TO THE DIVISION OF FIRE AND LIFE SAFETY OF THE DEPARTMENT OF LABOR, 5 LICENSING AND REGULATION AN AMOUNT EQUAL TO FIFTY PERCENT OF THE GROWTH IN THE 6 TAX ON FIRE INSURERS TO COVER EXPENSES OF INSPECTIONS AND INVESTIGATIONS LEVIED 7 PURSUANT TO SECTION 38-7-30, AND PROVIDE FOR RELATED MATTERS. 8 9 The 1976 Code is amended by adding: 10 11 "Section 1-30-66. Notwithstanding any other provision of law, annually, beginning June 30, 1998, there must be 12 appropriated to the Division of Fire and Life Safety of the Department of Labor, Licensing and Regulation an amount equal 13 to fifty percent of the growth in the tax levied pursuant to Section 38-7-30 from the previous year. These funds may be used 14 only for expenses that are incurred by the Division of Fire and Life Safety. 15 The Director of the Department of Labor, Licensing and Regulation, or his designee, shall maintain a separate account 16 of all monies received and disbursed under the provisions of this section and shall include the account in his annual report." 17 18 SECTION 4 19 20 TO AMEND TITLE 59, OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 4 SO AS 21 TO ESTABLISH THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM WITHIN THE SOUTH 22 CAROLINA BUDGET AND CONTROL BOARD THROUGH WHICH TUITION ASSOCIATED WITH PUBLIC 23 POST-SECONDARY EDUCATION MAY BE PAID IN ADVANCE AND FIXED AT A GUARANTEED LEVEL 24 FOR UP TO FOUR YEARS OF UNDERGRADUATE ENROLLMENT. 25 26 A. Title 59 of the 1976 Code is amended by adding: 27 28 "CHAPTER 4 29 30 South Carolina Tuition Prepayment Program 31 32 Section 59-4-10. This chapter may be cited as the South Carolina Tuition Prepayment Program Act'. The South 33 Carolina Tuition Prepayment Program is established to assist the citizens of South Carolina with the expense of college by 34 providing an advanced payment program for tuition at a fixed and guaranteed level for public colleges and universities. 35 36 Section 59-4-20. As used in this chapter: 37 (1) Program' means the South Carolina Tuition Prepayment Program. 38 (2) Fund' means the South Carolina Tuition Prepayment Program Fund.
PART II PAGE 549 1 (3) Council' means the Advisory Council of the South Carolina Tuition Prepayment Program. 2 (4) Board' means the State Budget and Control Board. 3 (5) Director' means the head of the South Carolina Tuition Prepayment Program. 4 (6) Contributor' means a person who makes or is obligated to make advance payments in accordance with a prepaid 5 tuition contract. 6 (7) The Tuition Prepayment Contract' means the contract entered into by the Director of the South Carolina Tuition 7 Prepayment Program or his designee on behalf of the program and a contributor pursuant to this chapter for the advance 8 payment by the contributor of undergraduate tuition at a fixed, guaranteed level for a designated beneficiary to attend a 9 public educational institution of higher learning in the State or to another educational institution of higher learning that may 10 be provided in this chapter to which the designated beneficiary is admitted. 11 (8) College or university' means a state-chartered public educational institution of higher learning located in this 12 State. 13 (9) Independent institution of higher education' means any independent eleemosynary junior or senior college in 14 South Carolina whose major campus and headquarters are located within South Carolina and which is accredited by the 15 Southern Association of Colleges and Secondary Schools. 16 (10) Tuition' means the credit-hour charges imposed by a public higher education institution in this State and all 17 mandatory fees required as a condition of enrollment of all students. 18 (11) Designated beneficiary' means the individual who is designated as the beneficiary of amounts paid or to be paid 19 to the South Carolina Tuition Prepayment Program or, in the case of a change in beneficiaries as permitted under this 20 chapter, the individual who is the new beneficiary. 21 22 Section 59-4-30. (A) The South Carolina Tuition Prepayment Program is created as a program within the Budget 23 and Control Board. The chief administrative and operating official for the program is the director who must be appointed 24 and supervised by the executive director of the board. The director must be a state official or employee. 25 (B) To assist the board in its responsibilities there is created the advisory council of the program. The council shall 26 consult and advise the board on all aspects of investment policy, guidelines, and strategy, as well as the costs and termination 27 and withdrawal options of the prepaid tuition contracts. The council must have an opportunity to comment and advise the 28 board before the adoption of investment policies, guidelines, and strategies for the fund. 29 (C) The council shall consist of five members appointed by the Governor, with the advice and consent of the Senate. 30 Membership shall consist of private citizens with significant knowledge, skill, and experience in one or more of the 31 following areas: accounting, actuarial science, risk management, finance, banking, or investment management. Each 32 member must be able to act solely and exclusively in the interest of the fund and it's beneficiaries without conflict of 33 interest. The members shall serve five-year terms, except that in making the initial appointment the Governor shall appoint 34 two members to terms of three years, two members to terms of four years, and one member to a term of five years. A person 35 appointed to fill a vacancy on the council must be appointed in this manner and shall serve for the remainder of the 36 unexpired term. A member is eligible for reappointment and a member shall serve until a successor is appointed and 37 qualifies. To avoid a vacancy on the advisory council, a member appointed by the Governor is authorized to exercise all 38 of the duties and powers of the position until the Senate votes upon the nomination.
PART II PAGE 550 1 (D) The Governor shall designate one member of the council to serve as chairman. A majority of the membership 2 constitutes a quorum. The members of the council are not entitled to a salary for their service but shall receive per diem, 3 subsistence, and mileage as provided by law for members of state boards, committees, and commissions. Administrative 4 support for the council shall be provided by the board. 5 (E) With the assistance of the council, the board is responsible for developing and adopting the investment policies, 6 guidelines, and strategies for the fund and determining the costs, termination, and withdrawal options of the prepaid tuition 7 contracts. The board, with the assistance of the council, shall promulgate regulations in accordance with the Administrative 8 Procedures Act which: 9 (1) provide for the number and types of contract plans to be offered, to include both public and independent 10 colleges and universities; 11 (2) prescribe the terms and conditions of the prepaid tuition contracts, including the terms and conditions under 12 which funds may be withdrawn or refunds made from the fund; 13 (3) prescribe the requirements, procedures, and guidelines regarding advanced payment contracts; 14 (4) provide for the contract contents to include, at a minimum, tuition and credit hour guarantees, beneficiary 15 substitutions, default, withdrawal, refund, termination and penalty information, and contributor payment amounts and 16 conditions; 17 (5) provide for the receipt of advance payments; 18 (6) prescribe guidelines governing the program; 19 (7) provide for the charging and retention of fees for the cost of services and administration of the fund; 20 (8) prescribe the investment and management policies of the fund; and 21 (9) prescribe other policies, procedures, and criteria necessary to implement and administer the program. 22 These regulations shall be developed in consultation with the chairmen or their designees of the Senate Finance 23 Committee, the Senate Education Committee, the House Ways and Means Committee and the House Education and Public 24 Works Committee and submitted in sufficient time for the General Assembly to begin its approval process by January 15, 25 1998. It is the intent of the General Assembly to have these regulations in force in time so that the program may begin to 26 offer contracts by July 1, 1998. 27 28 Section 59-4-40. The fund is created as a nonpublic special, revolving fund to be established and maintained by the 29 State of South Carolina. The fund shall consist of monies received from contributors, other monies acquired from 30 governmental and private sources, and proceeds from the investments of the fund. The fund is to expend funds only for the 31 purposes of this chapter and is at no time to be considered public funds. There must be a separate accounting for each 32 designated beneficiary. 33 The fund must be invested as directed by the board after the advice from the council. However, earnings in the fund 34 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 portion of 35 either as security for a loan is void. The fund may be invested in any manner authorized by law. The custody and 36 management of the fund is directed by the board. The earnings from fund investments become a part of the fund and may 37 be expended only for the purposes of this chapter.
PART II PAGE 551 1 Section 59-4-50. An act or undertaking of the program shall not constitute a debt of the State or any agency, 2 department, institution, or political subdivision thereof, or a pledge of the full faith and credit of the State or any agency, 3 department , institution, or political subdivision, but is payable solely from the monies in the fund. 4 5 Section 59-4-60. All of the agencies, departments, and institutions of higher learning of the State are required to 6 provide reasonable cooperation and assistance to the board and the director in the implementation of the program under this 7 chapter. Colleges and universities shall make every effort to restrict tuition increases to no more than the annual higher 8 education price index. 9 10 Section 59-4-70. Upon implementation of the program, the director or his designee shall prepare an annual financial 11 report of the fund and the program. This report must be submitted to the board and the council on the date required by the 12 board and in the format prescribed by the board. The program and the fund also must be subject to audit by the State 13 Auditor or his designee. The director or his designee annually shall evaluate the actuarial soundness of the fund and report 14 this information to the board and the council. 15 16 Section 59-4-80. The director shall solicit answers to applicable ruling requests from the Internal Revenue Service 17 regarding the tax status of fees paid pursuant to a prepaid tuition contract to the contributor and to the designated beneficiary 18 and from the Securities and Exchange Commission regarding the application of federal securities laws to the program. The 19 director shall make the status of these requests known to the board and the council. In accordance with any applicable law 20 or Internal Revenue Service ruling, the board shall structure the program in order to allow for federal tax deferral on 21 contributions to the fund. 22 23 Section 59-4-90. The Comptroller General and the chief finance officers of state agencies, departments, and 24 institutions maintaining separate payroll accounts, at the request of a state employee, may arrange for contributions through 25 payroll deduction to the fund the appropriate payment in accordance with a tuition prepayment contract. 26 27 Section 59-4-100. Notwithstanding any other provision of law, neither the program nor the fund is liable for income 28 taxes, and neither the program nor the fund is liable for local taxes, fees, or assessments. In addition, contributions to the 29 fund credited to a beneficiary's account do not entitle the contributor to a deduction for purposes of the state individual 30 income tax, nor must these contributions be included in the South Carolina gross income of the beneficiary or anyone 31 required to support the beneficiary. Furthermore, earnings on the account, tuition waivers, credits or payments for tuition, 32 or any money or payout that the designated beneficiary receives or from which he benefits to the extent that the payments 33 are used for tuition expenses during the same calendar year in which they are received shall not be included in the South 34 Carolina gross income of the beneficiary or anyone required to support the beneficiary." 35 36 B. This section takes effect July 1, 1997.
PART II PAGE 552 1 SECTION 5 2 3 TO AMEND SECTION 12-6-1120 OF THE 1976 CODE, RELATING TO THE COMPUTATION OF GROSS 4 INCOME, SO AS TO PROVIDE THAT GROSS INCOME DOES NOT INCLUDE AMOUNTS EXCLUDED BY 5 THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM. 6 7 Section 12-6-1120 of the 1976 Code, as added by Act 76 of 1995, is amended by adding an appropriately numbered item 8 to read: 9 10 "( ) South Carolina gross income does not include the amounts excluded by Section 59-4-110 of the South Carolina 11 Tuition Prepayment Program." 12 13 SECTION 6 14 15 TO AMEND SECTION 59-39-100 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF UNIFORM HIGH 16 SCHOOL DIPLOMAS AND THE NUMBER OF UNITS REQUIRED TO RECEIVE A DIPLOMA, SO AS TO 17 PROVIDE THAT, BEGINNING WITH THE GRADUATING CLASS OF SCHOOL YEAR 2000-2001 AND 18 THEREAFTER, THE NUMBER OF UNITS REQUIRED FOR A DIPLOMA IS TWENTY-FOUR, RATHER THAN 19 TWENTY, TO SPECIFY WHAT UNITS MUST BE EARNED; AND TO REPEAL SECTION 59-29-160 20 RELATING TO UNITS OF MATHEMATICS REQUIRED FOR HIGH SCHOOL GRADUATION. 21 22 A. Section 59-39-100 of the 1976 Code is amended to read: 23 24 "Section 59-39-100. Diplomas issued to graduates of accredited high schools within this State must be uniform in 25 every respect and particularly as to color, size, lettering, and marking. The number of units required for a state high school 26 diploma is twenty units as prescribed by the State Board of Education. Beginning in the 1986-87 academic year, a minimum 27 of 3 three units must be earned in mathematics and a minimum of 2 two units must be earned in science. 28 One unit in computer science, if approved by the State Department of Education for this purpose, may be counted 29 toward the mathematics requirement. 30 Students who earn one unit in science and six or more units in a specific occupational service area will meet the science 31 requirements for a state high school diploma. Vocational programs operating on a 3-2-1 structure may count prevocational 32 education as one of the six required units. 33 Beginning with the graduating class of school year 2000-2001, the minimum number of units required for a high school 34 diploma is twenty-four units as prescribed by the State Board of Education, with one additional unit required in mathematics, 35 science, and computer science. Students who earn two units of science and six or more units in a specific occupational 36 service area shall meet the science requirements for a state high school diploma." 37 38 B. Section 59-29-160 of the 1976 Code is repealed.
PART II PAGE 553 1 SECTION 7 2 3 DELETED 4 5 SECTION 8 6 7 DELETED 8 9 SECTION 9 10 11 DELETED 12 13 SECTION 10 14 15 TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE 16 SOUTH CAROLINA INCOME TAX ACT, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS 17 STATE ADOPTS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986, INCLUDING EFFECTIVE 18 DATES, AND TO DELETE OBSOLETE REFERENCES. 19 20 A. Section 12-6-40(A) of the 1976 Code, as last amended by Act 410 of 1996, is further amended to read: 21 22 "(A) `Internal Revenue Code' means the Internal Revenue Code of 1986 as amended through December 31, 1995 23 1996, and includes the provisions of Section 162(l) thereof as amended by P.L. 104-7 the effective date provisions contained 24 therein." 25 26 B. This section is effective for taxable years beginning after 1996. 27 28 SECTION 11 29 30 DELETED (RULED NON-GERMANE) 31 32 SECTION 12 33 34 DELETED 35 36 SECTION 13 37 38 TO AMEND SECTION 11-11-140 OF THE 1976 CODE, RELATING TO LIMITATIONS ON GENERAL FUND
PART II PAGE 554 1 APPROPRIATIONS FOR A FISCAL YEAR AND THE USE OF SURPLUS REVENUES, SO AS TO DELETE 2 PROVISIONS RELATING TO LIMITATIONS ON ANNUAL GENERAL FUND REVENUES AVAILABLE FOR 3 APPROPRIATION AND USES OF SURPLUS REVENUES, TO REFLECT IN THE SECTION THE 4 GOVERNOR'S DUTY ANNUALLY TO PREPARE A BUDGET WITH RESPECT TO CHANGES IN 5 ACCOUNTING METHODS, AND TO PROHIBIT THE GOVERNOR'S ANNUAL BUDGET 6 RECOMMENDATION FROM PROPOSING THE APPROPRIATION OF SURPLUS GENERAL FUND 7 REVENUES IN EXCESS OF AMOUNTS OFFICIALLY RECOGNIZED AS SUCH BY THE BOARD OF 8 ECONOMIC ADVISORS. 9 10 A. Section 11-11-140 of the 1976 Code, as last amended by Act 142 of 1995, is further amended to read: 11 12 "Section 11-11-140. (A) General fund appropriations in the annual general appropriations act may not exceed the 13 base revenue estimate as calculated pursuant to subsection (B) or as adjusted pursuant to subsection (C). In the Governor's 14 annual budget recommendation to the General Assembly, no recommendation may be made for the appropriation of surplus 15 general fund revenues in excess of amounts officially recognized as such by the Board of Economic Advisors. 16 (B) For purposes of this section, the base revenue estimate is the lesser of: 17 (1) (a) the total of recurring general fund revenues collected in the fiscal year completed before the General 18 Assembly first considers the annual general appropriations bill increased by any recurring general fund revenue 19 enhancements occurring in the current fiscal year if such enhancements are certified by the Board of Economic Advisors; 20 (b) increased by a sum equal to seventy-five percent of the amount the general fund revenue estimate of the 21 Board of Economic Advisors for the upcoming fiscal year exceeds the amount in subitem (a) of this item; or 22 (2) the general fund revenue estimate of the Board of Economic Advisors for the upcoming fiscal year. 23 (C) The base revenue estimate may be increased or decreased (1) by any amendment to the general appropriations bill 24 which affects the Board of Economic Advisors revenue estimate or (2) enacted legislation which affects the board's estimate, 25 if the board certifies in writing the change in estimated revenue. 26 (D) Appropriations from surplus may not be made before the first meeting of the General Assembly following the 27 Comptroller General's closing of the books on the fiscal year in which the surplus occurred and may be appropriated only 28 for nonrecurring purposes. 29 (E) In making a the annual budget recommendation to the General Assembly for the fiscal year 1994-95 budget, and 30 for each year thereafter, the Budget and Control Board Governor shall not incorporate or realize any revenue derived on the 31 basis of any future change in a method of accounting, as determined by the Budget and Control Board, unless such the 32 change in a method of accounting is based on statutory authority specifically granted to the Budget and Control Board or 33 a statutory enactment changing the method of accounting. 34 (F) Notwithstanding the provisions of subsection (D), appropriations from surplus may not be expended before the 35 Comptroller General's closing of the books on the fiscal year in which the surplus occurred. The surplus in this subsection, 36 that is the calculated set-aside as defined in this section, after reduction by way of transfer to the general fund of such amount 37 as necessary to offset any recognized budget shortfall for the fiscal year in which the set-aside surplus occurred, is 38 appropriated for deposit in the State Property Tax Relief Fund. After the first year that the State Property Tax Relief Fund
PART II PAGE 555 1 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 DELETED 12 13 SECTION 16 14 15 DELETED (RULED NON-GERMANE) 16 17 SECTION 17 18 19 TO AMEND THE 1976 CODE BY ADDING SECTION 59-39-105 SO AS TO PROVIDE THAT PUBLIC HIGH 20 SCHOOL GRADUATES OF THIS STATE WHO MEET CERTAIN SPECIFIED CRITERIA SHALL RECEIVE 21 A PALMETTO BEST (BUILDING EXCELLENT SCHOLARS FOR TODAY AND TOMORROW) HIGH 22 SCHOOL DIPLOMA; BY ADDING SECTION 59-39-180 SO AS TO PROVIDE THAT STUDENTS RECEIVING 23 THE BEST DIPLOMA MEETING CERTAIN OTHER CRITERIA SHALL ALSO RECEIVE A FIVE HUNDRED 24 DOLLAR SCHOLARSHIP TO ATTEND ANY INSTITUTION OF HIGHER EDUCATION IN THIS STATE; BY 25 ADDING SECTION 59-39-190 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION IS 26 AUTHORIZED TO PROMULGATE REGULATIONS NECESSARY FOR THE IMPLEMENTATION AND 27 ADMINISTRATION OF THE PALMETTO BEST DIPLOMA AND SCHOLARSHIP; AND TO PROVIDE THAT 28 THE COMMISSION ON HIGHER EDUCATION SHALL DISTRIBUTE THE SCHOLARSHIP FUNDS FOR 29 THESE STUDENTS TO THE APPROPRIATE INSTITUTIONS; AND BY ADDING SECTION 59-103-175 SO AS 30 TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION IS DIRECTED TO INCLUDE 31 INFORMATION ABOUT THE PALMETTO BEST DIPLOMA IN THE HIGHER EDUCATION AWARENESS 32 PROGRAM. 33 34 A. The 1976 Code is amended by adding: 35 36 "Section 59-39-105. Beginning with the 1997-98 school year, students graduating from an accredited public high 37 school of this State who have earned no less than twenty-four units, have met the requirements for either the college 38 preparation or the technical preparation track and earned the equivalent of an overall B' grade average or better shall be
PART II PAGE 556 1 awarded the Palmetto BEST (Building Excellent Scholars for Today and Tomorrow) diploma. Students meeting the course 2 requirements for this diploma by participating in higher level courses such as advanced placement shall have their grade 3 point average adjusted to reflect the greater difficulty of these courses. For the purposes of this diploma, the State Board 4 of Education shall define what is meant by a B' average and adjustments to be made to reflect course difficulty. 5 The State Board of Education is directed to develop the design of the Palmetto BEST diploma insignia which is to be 6 placed on the high school diploma in order to recognize the special achievements of students awarded this diploma and to 7 distinguish it from the diploma issued under Section 59-39-100." 8 9 B. The 1976 Code is amended by adding: 10 11 "Section 59-39-180. The Palmetto BEST Scholarship is established to reward students graduating from an accredited 12 public high school of this State receiving a Palmetto BEST diploma pursuant to Section 59-39-105 and who score no less 13 than a composite score of 1100 on the Scholastic Aptitude Test. Such students shall receive a scholarship of five hundred 14 dollars to be used to pay for tuition and fees at any higher education institution in South Carolina." 15 16 C. The 1976 Code is amended by adding: 17 18 "Section 59-39-190. The State Board of Education is authorized to promulgate regulations necessary for the 19 implementation and administration of the Palmetto BEST diploma and scholarship. The Department of Education shall 20 furnish the Commission on Higher Education with the list of students who qualify for the Palmetto BEST Scholarship. The 21 Commission on Higher Education shall distribute the scholarship funds for these students to the appropriate institutions." 22 23 D. The 1976 Code is amended by adding: 24 25 "Section 59-103-175. The Commission on Higher Education is directed to include information about the Palmetto 26 BEST diploma in the Higher Education Awareness Program information developed in accordance with Section 59-103-170." 27 28 E. This section takes effect upon approval by the Governor. 29 30 SECTION 18 31 32 DELETED 33 34 SECTION 19 35 36 TO AMEND THE 1976 CODE BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ALL SCHOOL 37 BOARD MEMBERS OR MEMBERS OF COUNTY BOARDS OF EDUCATION FIRST ELECTED OR 38 APPOINTED AFTER JULY 1, 1997, SHALL COMPLETE SUCCESSFULLY AN ORIENTATION PROGRAM,
PART II PAGE 557 1 TO PROVIDE FOR THE MANNER IN WHICH THIS ORIENTATION PROGRAM SHALL BE CONDUCTED, 2 AND TO PROVIDE FOR CERTAIN REIMBURSEMENT TO SCHOOL DISTRICTS OR COUNTY BOARDS OF 3 EDUCATION FOR THE COST OF THIS ORIENTATION PROGRAM. 4 5 A. The 1976 Code is amended by adding: 6 7 "Section 59-19-45. (A) Within one year of taking office, all persons elected or appointed as members of a school 8 district board of trustees after July 1, 1997, shall successfully complete an orientation in the powers, duties, and 9 responsibilities of a board member including, but not limited to, topics on policy development, personnel, superintendent 10 and board relations, instructional programs, district finance, school law, ethics, and community relations. 11 (B) The orientation shall be approved by the State Board of Education and conducted by public or private entities 12 approved by the State Board of Education such as the South Carolina School Boards Association. 13 (C) The provisions of this section also apply to members of county boards of education appointed or elected after July 14 1, 1997, in the same manner the provisions of this section apply to members of school district boards of trustees. 15 (D) The provisions of this section do not apply to a school board trustee or county board of education member who 16 was serving in such office on July 1, 1997, and who is continuously reelected or reappointed to office thereafter. 17 (E) The State Department of Education shall reimburse a school district or county board of education conducting an 18 orientation for a new board member as required by this section at the rate of eighty dollars per member, provided that the 19 total reimbursements by the department in any one fiscal year must not exceed ten thousand dollars. If the total projected 20 cost of these reimbursements for any year as determined by the department exceeds ten thousand dollars, the eighty dollar 21 reimbursement per new member must be reduced proportionately. If funds are not available for these reimbursements, the 22 board member orientation is not required but may be conducted at the option of a school district or county board of 23 education. The State Board of Education shall establish guidelines and procedures for these reimbursements." 24 25 B. This section takes effect upon approval by the Governor. 26 27 SECTION 20 28 29 TO AMEND SECTION 59-142-10, OF THE 1976 CODE, RELATING TO THE NEED-BASED GRANTS 30 PROGRAM UNDER WHICH STUDENTS MAY RECEIVE A NEED-BASED GRANT FROM THE CHILDREN'S 31 EDUCATION ENDOWMENT FUND, SO AS TO PROVIDE THAT PART-TIME AS WELL AS FULL-TIME 32 STUDENTS ARE ELIGIBLE FOR SUCH GRANTS. 33 34 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: 35 36 "Section 59-142-10. (A) The State shall fund a need-based grant for a student who enrolls as an undergraduate in a 37 public institution of higher learning in this State, who applies for the need-based grant, and who meets the following 38 qualifications:
PART II PAGE 558 1 (1) meets domicile requirements as defined in Section 59-112-20 with the additional requirement of at least 2 twelve consecutive months of residency in the State of South Carolina immediately preceding enrollment; 3 (2) is accepted by and enrolled or registered in a state public institution of higher learning as a first degree 4 full-time or part-time student in a certificate, or diploma of at least one year in length, or undergraduate degree program; 5 (3) is of good moral character and has never been convicted of a felony; and 6 (4) is found to be in financial need according to federal Title IV regulations. 7 (B) To maintain continued state need-based grants, once enrolled a student shall: 8 (1) complete a minimum of twenty-four semester hours an academic year if a full-time student and twelve 9 semester hours an academic year if a part-time student and make satisfactory academic progress toward a degree as 10 determined by the institution; 11 (2) have no criminal record; 12 (3) be eligible for the need-based grants for a maximum of four academic years of two semesters." 13 14 B. This act takes effect upon approval by the Governor. 15 16 SECTION 21 17 18 DELETED 19 20 SECTION 22 21 22 TO AMEND SECTION 48-48-140, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LOW-LEVEL 23 RADIOACTIVE WASTE DISPOSAL TAX, SO AS TO IMPOSE A CONTINGENT LICENSE TAX ON 24 OPERATORS OF LICENSED LOW-LEVEL RADIOACTIVE WASTE DISPOSAL SITES, TO PROVIDE THE 25 MEASURE OF THE TAX AS AN AMOUNT EQUAL TO POSSIBLE SHORTFALLS IN THE SCHOLARSHIPS 26 PORTION OF THE CHILDREN'S EDUCATION ENDOWMENT FUND, THE TIME OF PAYMENT, METHOD 27 OF COLLECTION, AND DISPOSITION OF THE REVENUE. 28 29 A. Section 48-48-140 of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding an 30 appropriately lettered subsection at the end to read: 31 32 "( ) In addition to the disposal tax imposed pursuant to this section, there is imposed a contingent annual license tax 33 on any company which operates a licensed disposal site in this State for the disposal of low-level radioactive waste. The 34 tax is an amount determined as follows: 35 (1) for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the shortfall, if any, in amounts credited 36 for the fiscal year to the Higher Education Scholarship Grants portion of the Children's Education Endowment Fund and 37 twenty-two million dollars; 38 (2) for the fiscal year beginning July 1, 1997, and ending June 30, 1998, an amount calculated as provided in item
PART II PAGE 559 1 (1), except that the applicable fiscal year is 1997-98 and the applicable amount is twenty-three million dollars; 2 (3) for fiscal years beginning after June 30, 1998, an amount as determined in item (1), except that the applicable 3 fiscal year is the then current fiscal year and the applicable amount is twenty-four million dollars. 4 The tax imposed by this subsection is due and payable at the same time provided for the payment of the disposal fee 5 provided pursuant to subsection (B), calculated proportionately over the fiscal year . Underpayments or overpayments in 6 a year must be reflected by an adjusted payment for the first quarter of the succeeding fiscal year. 7 The tax imposed by this subsection is enforceable as provided in Chapter 54 of Title 12. 8 Notwithstanding the provisions of this subsection, the entire contingent license tax due for Fiscal Year 1996-97 and 9 the estimated contingent license tax due for the first quarter of Fiscal Year 1997-98 are due and payable before January 31, 10 1998. 11 Notwithstanding the provisions of Section 59-143-10, the amount of earned revenue for the Higher Education 12 Scholarship Grants portion for Fiscal Year 1996-97 must be increased by the contingent annual license tax due and payable 13 by January 31, 1998. 14 Revenue of the contingent license tax imposed by this section must be credited to the Higher Education Scholarship 15 Grants portion of the Children's Education Endowment Fund." 16 17 B. This section takes effect upon approval by the Governor and first applies for the contingent license tax due for Fiscal 18 Year 1996-97. 19 20 SECTION 23 21 22 TO REPEAL SECTION 44-1-120 OF THE 1976 CODE, RELATING TO THE ANNUAL REPORT BY THE 23 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE GENERAL ASSEMBLY. 24 25 A. Section 44-1-120 of the 1976 Code is repealed. 26 27 B. This section takes effect July 1, 1997. 28 29 SECTION 24 30 31 DELETED 32 33 SECTION 25 34 35 DELETED (RULED NON-GERMANE)
PART II PAGE 560 1 SECTION 26 2 3 DELETED 4 5 SECTION 27 6 7 TO AMEND SECTION 14-5-610, AS AMENDED, OF THE 1976 CODE, RELATING TO CIRCUIT COURTS AND 8 CIRCUIT COURT JUDGES, SO AS TO ADD AN ADDITIONAL JUDGE FOR THE FIRST, NINTH, AND 9 SIXTEENTH CIRCUITS; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO THE FAMILY 10 COURTS AND FAMILY COURT JUDGES, SO AS TO ADD AN ADDITIONAL JUDGE FOR THE FIRST, 11 NINTH, AND SIXTEENTH CIRCUITS, TO PROVIDE FOR THE DATE THESE JUDGES TAKE OFFICE, AND 12 TO FURTHER PROVIDE FOR THE RESIDENCY REQUIREMENTS FOR CERTAIN OF THESE FAMILY 13 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, and twelfth, and sixteenth circuits. Two judges must be elected 36 from the first, third, fourth, seventh, eighth, tenth, eleventh, fourteenth, and fifteenth, and sixteenth circuits. Three judges 37 must be elected from the fifth, ninth, and thirteenth circuits. Four judges must be elected from the ninth circuit. 38 In addition to the above judges authorized by this section, there must be thirteen additional circuit judges elected by
PART II PAGE 561 1 the General Assembly from the State at large for terms of office of six years. These additional judges must be elected 2 without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned 3 numerical designations of Seat No. 1 through Seat No. 13 respectively." 4 5 B. Section 20-7-1410 of the 1976 Code, as last amended by Part II, Section 85E Act 145 of 1995, is further amended to 6 read: 7 8 "Section 20-7-1410. The General Assembly shall elect a number of family court judges from each judicial circuit as 9 follows: 10 11 First Circuit Two Three Judges 12 Second Circuit Two Judges 13 Third Circuit Three Judges 14 Fourth Circuit Three Judges 15 Fifth Circuit Four Judges 16 Sixth Circuit Two Judges 17 Seventh Circuit Three Judges 18 Eighth Circuit Three Judges 19 Ninth Circuit Five Six Judges 20 Tenth Circuit Three Judges 21 Eleventh Circuit Three Judges 22 Twelfth Circuit Three Judges 23 Thirteenth Circuit Five Judges 24 Fourteenth Circuit Three Judges 25 Fifteenth Circuit Three Judges 26 Sixteenth Circuit Two Three Judges 27 28 In the following judicial circuits at least one family court judge must be a resident of each county in the circuit: fifth, 29 seventh, ninth, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of three or more counties 30 at least one family court judge must be a resident of one of the counties which does not have the largest population in the 31 circuit. In the ninth circuit, both counties in the circuit must have at least two resident family court judges. 32 No county in the sixth circuit shall have more than one resident family court judge." 33 34 C. Those additional circuit court and family court judges authorized by the provisions of subsections (A) and (B) of this 35 section shall take office May 17, 1998, and the Judicial Merit Selection Commission on the effective date of this section 36 shall begin the process of nominating candidates for these offices and the General Assembly shall then elect such judges 37 from the nominees of the commission so that these judges may take office on May 17, 1998."
PART II PAGE 562 1 SECTION 28 2 3 TO AMEND SECTION 9-8-120, AS AMENDED, OF THE 1976 CODE, RELATING TO THE RETURN OF 4 BENEFICIARIES TO STATE SERVICE AND THE PRACTICE OF LAW FOR MEMBERS OF THE 5 RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO FURTHER PROVIDE FOR THE 6 MANNER IN WHICH A RETIRED JUDGE OR JUSTICE MUST MAKE AN ELECTION TO PRACTICE LAW 7 OR BE ELIGIBLE FOR APPOINTMENT TO SERVE IN THE COURTS OF THIS STATE AND TO PROVIDE 8 THAT AN ELECTION TO PRACTICE LAW IS IRREVOCABLE. 9 10 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: 11 12 "(4) A justice or judge drawing retirement compensation who engages in the practice of law may not serve as a 13 justice or judge in any court in this State. Within thirty days of his retirement under this chapter, a retired judge or justice 14 shall make an irrevocable election as to whether he wishes to engage in the practice of law or be eligible for appointment 15 by the Chief Justice as a judge or justice in the courts of this State. If his election is to engage in the practice of law, it is 16 irrevocable and he may not thereafter be appointed by the Chief Justice to serve as a justice or judge in the courts of this 17 State. If his election is to be eligible for appointment to serve as a justice or judge in the courts of this State and not to 18 practice law, he may at any time thereafter change such election and decide to engage in the practice of law, at which point 19 his decision becomes irrevocable." 20 21 B. This section takes effect July 1, 1997. 22 23 SECTION 29 24 25 DELETED 26 27 SECTION 30 28 29 TO AMEND SECTION 2-51-10 OF THE 1976 CODE, RELATING TO THE JOINT LEGISLATIVE STUDY 30 COMMITTEE ON THE AGING, SO AS TO REQUIRE COMMITTEE STAFF SUPPORT TO BE PROVIDED BY 31 THE STATE REORGANIZATION COMMISSION AND TO DELETE THE AUTHORIZATION FOR MILEAGE, 32 SUBSISTENCE, AND PER DIEM FOR MEMBERS AND THE REFERENCE TO THE COMMITTEE'S ANNUAL 33 APPROPRIATION. 34 35 A. Section 2-51-10 of the 1976 Code is amended to read: 36 37 "Section 2-51-10. There is created a permanent committee to conduct continuing studies of public and private services, 38 programs, and facilities for the Aging in South Carolina and report its findings and recommendations annually to the General
PART II PAGE 563 1 Assembly. Three members shall must be appointed from the Senate by the President thereof, three members shall must be 2 appointed from the House of Representatives by the Speaker, and three members shall must be appointed by the Governor. 3 Terms of legislative members shall be are coterminous with the term of the appointing Governor. Members of the 4 committee shall receive mileage, per diem, and subsistence as provided by law for members of boards, committees and 5 commissions. Expenses of the committee shall be provided by an annual appropriation in the General Appropriation 6 Appropriations Act. The Legislative Council shall provide such legal services as the committee may require in the 7 performance of its duties. From funds appropriated to the State Reorganization Commission in the General Appropriations 8 Act for Fiscal Year 1997-98 and subsequent years, the commission shall provide all other staff support for the committee." 9 10 B. This section takes effect July 1, 1997. 11 12 SECTION 31 13 14 TO AMEND THE 1976 CODE BY ADDING SECTION 59-130-35 SO AS TO AUTHORIZE THE BOARD OF 15 TRUSTEES OF THE COLLEGE OF CHARLESTON, WITH THE CONSENT OF THE BUDGET AND CONTROL 16 BOARD, TO SELL REMLEY'S POINT WHICH IT OWNS IN CHARLESTON COUNTY DURING FISCAL 17 YEAR 1997-98 OR THEREAFTER, AND TO PROVIDE THAT CERTAIN FUNDS APPROPRIATED TO THE 18 COLLEGE IN SECTION 18E, PART I OF THIS ACT, AFTER THIS PROPERTY IS SOLD SHALL BE USED 19 FOR THE PURPOSE OF ACQUIRING THROUGH LEASE OR PURCHASE ADDITIONAL REAL AND 20 PERSONAL PROPERTY IN CHARLESTON COUNTY WHICH SHALL BE USED FOR ATHLETIC, 21 INTRAMURAL, OR SPORTS PROGRAMS OF THE COLLEGE, AND TO PROVIDE THAT THE PROCEEDS 22 DERIVED FROM THIS SALE SHALL BE RETAINED BY THE COLLEGE AND USED TO REIMBURSE THE 23 APPROPRIATION WHICH WAS USED TO FUND THIS PURCHASE. 24 25 A. The 1976 Code is amended by adding: 26 27 "Section 59-130-35. (A) Pursuant to item (4) of Section 59-130-30, the board of trustees of the College of Charleston, 28 with the consent of the Budget and Control Board, is authorized to sell Remley's Point which it owns in Charleston County 29 during fiscal year 1997-98 or thereafter for such price and under such terms and conditions as the board considers 30 appropriate. The funds appropriated to the college for other operating expenses on line 13, Section 18E, Part I of this act, 31 after this property is sold shall be used by the college for the purpose of acquiring through lease or purchase additional real 32 and personal property in Charleston County which shall be used for athletic, intramural, or sports programs of the college. 33 The proceeds derived from this sale shall be retained by the college and used to reimburse the appropriation which was used 34 as provided above to fund this purchase. 35 (B) Remley's Point for purposes of this section is described as follows: 36 37 All that certain piece, parcel or tract of land, situate, lying and being in Christ Church Parish in the County of 38 harleston, State aforesaid, containing 17.32 acres of highland and 15 acres of marshlands, be the same more or
PART II PAGE 564 1 less, more particularly shown and delineated on a plat thereof entitled Plat of 17.32 acres in Christ Church Parish, 2 Charleston County, State aforesaid conveyed by the Estates of W. A. Leland and W. R. Bonsal to the College of 3 Charleston', surveyed August 6, 1975, by W. L. Gaillard, Surveyor.' 4 5 The property is further identified on Charleston County Tax Map 514-05-00 as parcel number 6." 6 7 SECTION 32 8 9 TO AMEND SECTION 56-3-2350, AS AMENDED, OF THE 1976 CODE, RELATING TO TRANSPORTER 10 MOTOR VEHICLE LICENSE PLATES, SO AS TO LIMIT THEIR USE TO MOVEMENT OF MOTOR 11 VEHICLES FROM A MANUFACTURER TO A DEALER OR DISTRIBUTOR, IN CONNECTION WITH THE 12 CONSTRUCTION OF VEHICLE CABS OR BODIES, AND MOVING FORECLOSED OR REPOSSESSED 13 VEHICLES AND TO PROHIBIT THE USE OF THESE PLATES ON VEHICLES LOANED, RENTED, OR 14 LEASED TO EMPLOYEES OF THE TRANSPORTER OR ANY OTHER INDIVIDUALS; TO AMEND SECTION 15 56-19-220, RELATING TO EXEMPTIONS FROM MOTOR VEHICLE TITLING REQUIREMENTS, SO AS TO 16 EXEMPT VEHICLES USED BY AN AUTOMOBILE MANUFACTURER IN ITS EMPLOYEE BENEFIT 17 PROGRAM; AND BY ADDING SECTION 56-3-2332 SO AS TO AUTHORIZE THE DEPARTMENT OF PUBLIC 18 SAFETY TO ISSUE REGULAR LICENSE PLATES FOR VEHICLES USED IN AN AUTOMOBILE 19 MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM, TO PROVIDE AN ANNUAL FEE OF SIX HUNDRED 20 NINETY SEVEN DOLLARS AND FORTY-SIX CENTS FOR THESE PLATES, AND TO PROVIDE FOR THE 21 DISTRIBUTION OF THE FEE REVENUE, AND TO PROVIDE FOR REEVALUATING THE ANNUAL FEE. 22 23 (A) Section 56-3-2350 of the 1976 Code, as amended by Act 497 of 1994, is further amended to read: 24 25 "Section 56-3-2350. A person engaged in a the business of limited operation of motor vehicles to facilitate the 26 manufacture or the movement of vehicles from a manufacturer to a dealer or distributor, or for the move of vehicles to 27 further the construction of cabs or bodies, or in connection with the foreclosure or repossession of these motor vehicles may 28 apply to the department for special registration to be issued to and used by the person upon the following conditions: 29 (1) The application must be in a form prescribed by the department to include the applicable liability insurance as 30 prescribed by statute and filed with the department each year. The application must include the name and residence address 31 of the applicant as follows: 32 (a) if an individual, the name under which he intends to conduct business; 33 (b) if a partnership, the name and residence address of each member of the partnership and the name under 34 which the business is to be conducted; 35 (c) if a corporation, the name and company addresses of the corporation and the name and residence address 36 of each of its officers. 37 (2) The application must be certified by the applicant and by an agent of the department to verify the facts set forth 38 in the application.
PART II PAGE 565 1 (3) The annual fee for registration is fifty dollars, plus an annual fee of ten dollars for each license plate. 2 (4) License plates authorized by this section must not be used on vehicles that are loaned, rented, or leased by the 3 licensed transporter to employees or any other individuals." 4 5 (B) Section 56-19-220 of the 1976 Code is amended by adding at the end: 6 7 "(10) A vehicle used by its manufacturer in a benefit program the manufacturer's employees." 8 9 (C) Article 25, Chapter 3, Title 56 of the 1976 Code is amended by adding: 10 11 "Section 56-3-2332. (A) Upon application and payment of the required fee, the department may issue a standard 12 license plate to a manufacturer for vehicles it has manufactured and which are used in a benefit program for the 13 manufacturer's employees. 14 (B) The annual registration fee for this plate is six hundred ninety-seven dollars and forty-six cents. The plates issued 15 pursuant to this section may be used only on vehicles provided for the applicant's employees. In the application, the 16 manufacturer shall notify the department in which county the employee assigned the vehicle resides. Twenty dollars of the 17 fee must be credited to the general fund of the State and six hundred seventy-seven dollars and forty-six cents must be 18 remitted to the county noted on the application. Amounts received by a county pursuant to this section must be credited to 19 the accounts of taxing entities in the county as if it were property tax. If the employee resides outside this State, the fee must 20 be credited pro rata to all other counties due amounts under this section. The department may require the documentation 21 it determines necessary to ensure compliance with the provisions of this section. 22 (C) The annual registration fee provided for in this section is derived by computing the average price of the vehicle 23 manufacturer's fleet times the property tax rate times the state's average millage rate. Before December thirty-first of each 24 odd numbered year, the manufacturer shall review the average price of its fleet and submit the cost to the House Ways and 25 Means Committee and the Senate Finance Committee. The annual registration fee must be adjusted to reflect changes in 26 the average cost of the manufacturer's fleet, the state's average millage rate, and the property tax rate. Any adjustment must 27 be reflected in the annual appropriations act." 28 29 SECTION 33 30 31 DELETED 32 33 SECTION 34 34 35 DELETED
PART II PAGE 566 1 SECTION 35 2 3 DELETED 4 5 SECTION 36 6 7 TO AMEND SECTION 8-21-310, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SCHEDULE OF 8 FEES TO BE COLLECTED BY CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS 9 TO INCREASE THE FEE FOR FILING COMPLAINTS OR PETITIONS IN CIVIL ACTIONS IN A COURT OF 10 RECORD FROM FIFTY-FIVE DOLLARS TO SEVENTY DOLLARS; BY ADDING SECTION 14-1-204 SO AS 11 TO PROVIDE FOR THE MANNER IN WHICH THE ABOVE SEVENTY DOLLAR FILING FEE SHALL BE 12 DISTRIBUTED; AND TO AMEND SECTION 14-1-205, RELATING TO THE DISPOSITION OF CERTAIN 13 COSTS, FEES, AND FINES GENERATED BY THE CIRCUIT COURT AND FAMILY COURT, SO AS TO 14 PROVIDE THAT THE ABOVE SEVENTY DOLLAR FILING FEE IS NOT SUBJECT TO THE DISPOSITION 15 PROVISIONS OF THIS SECTION. 16 17 A. Section 8-21-310(11)(a) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read: 18 19 "(11)(a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on 20 attachment or other bond, in a civil action or proceeding, in a court of record, fifty-five seventy dollars. There is no further 21 fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or 22 proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which 23 the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree, or order of 24 dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or 25 partial satisfaction on a judgment." 26 27 B. The 1976 Code is amended by adding: 28 29 "Section 14-1-204. The seventy dollar filing fee for documents and actions described in Section 8-21-310(11)(a) must 30 be remitted to the county in which the proceeding is instituted and fifty-six percent of these filing fee revenues must be 31 delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer. When 32 a payment is made to the county in installments, the State's portion must be remitted to the State Treasurer by the county 33 treasurer on a monthly basis. 34 The fifty-six percent of the seventy dollar fee prescribed in Section 8-21-310(11)(a) remitted to the State Treasurer must 35 be deposited as follows: 36 (1) 45.03 percent to the state general fund; 37 (2) 10.33 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation 38 of drug addicts within the department's addiction center facilities;
PART II PAGE 567 1 (3) 6.38 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund; 2 and 3 (4) 38.26 percent to the Defense of Indigents Per Capita Fund, administered by the Commission on Indigent 4 Defense, which shall then distribute these funds on December thirty-first and on June thirtieth of each year to South Carolina 5 organizations that are grantees of the Legal Services Corporation, in amounts proportionate to each recipient's share of the 6 state's poverty population." 7 8 C. Section 14-1-205 of the 1976 Code, as added by Part II, Section 36A, Act 497 of 1994, is amended to read: 9 10 "Except as provided in Sections 17-15-260, 34-11-90, 50-1-150, 50-1-170, and 56-5-4160, on January 1, 1995, 56 fifty- 11 six percent of all costs, fees, fines, penalties, forfeitures, and other revenues generated by the circuit courts and the family 12 courts, except the seventy dollar filing fee prescribed in Section 8-21-310(11)(a) must be remitted to the county in which 13 the proceeding is instituted and 44 forty-four percent of the revenues must be delivered to the county treasurer to be remitted 14 monthly by the fifteenth day of each month to the State Treasurer on forms and in a manner prescribed by him. When a 15 payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the County 16 Treasurer on a monthly basis. The 44 forty-four percent remitted to the State Treasurer must be deposited as follows: 17 (1) 72.93 percent to the general fund; 18 (2) 16.73 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation 19 of drug addicts within the department's addiction center facilities; 20 (3) 10.34 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund. 21 In any court, when sentencing a person convicted of an offense which has proximately caused physical injury or death 22 to the victim, the court may order the defendant to pay a restitution charge commensurate with the offense committed, not 23 to exceed ten thousand dollars, to the Victim's Compensation Fund." 24 25 D. This section takes effect July 1, 1997. 26 27 SECTION 37 28 29 TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2995 SO AS TO IMPOSE AN ADDITIONAL 30 ASSESSMENT OF TWELVE DOLLARS ON PERSONS CONVICTED OF A FIRST OFFENSE IN 31 MAGISTRATE'S OR MUNICIPAL COURT OF DRIVING UNDER THE INFLUENCE OF INTOXICATING 32 LIQUORS OR DRUGS AND TO IMPOSE AN ADDITIONAL ASSESSMENT OF TWELVE DOLLARS ON 33 PERSONS CONVICTED OF A SECOND OR SUBSEQUENT DUI OFFENSE OR A FELONY DUI OFFENSE IN 34 GENERAL SESSIONS COURT; AND TO ADD SECTION 14-1-201 SO AS TO PROVIDE FOR THE MANNER 35 IN WHICH THESE TWELVE DOLLAR ASSESSMENTS MUST BE DISTRIBUTED AND USED. 36 37 A. The 1976 Code is amended by adding:
PART II PAGE 568 1 "Section 56-5-2995. (A) In addition to the penalties imposed for a first offense violation of Section 56-5-2930 in 2 magistrate's or municipal court, an additional assessment of twelve dollars must be added to any punishment imposed which 3 must be remitted to the State Treasurer who shall then distribute such twelve dollar assessments in the manner provided in 4 Section 14-1-201. 5 (B) In addition to the penalties and assessments imposed for a second or subsequent violation of Section 56-5-2930 6 or a violation of Section 56-5-2945 in general sessions court, an additional assessment of twelve dollars must be added to 7 any punishment imposed which must be remitted to the State Treasurer who shall then distribute such twelve dollar 8 assessments in the manner provided in Section 14-1-201." 9 10 B. The 1976 Code is amended by adding: 11 12 "Section 14-1-201. The revenue from the twelve dollar additional assessments imposed pursuant to Section 13 56-5-2995 must be distributed as follows: 14 (1) eighty-four percent to the Department of Disabilities and Special Needs for the Head and Spinal Cord Injuries 15 Family Support Program; and 16 (2) sixteen percent to the Department of Health and Environmental Control for Emergency Medical Services - Aid 17 to Counties, restricted." 18 19 C. This section takes effect July 1, 1997. 20 21 SECTION 38 22 23 DELETED 24 25 SECTION 39 26 27 TO AMEND ACT 152 OF 1995 RELATING TO THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS 28 AND FIELD TRIALS SO AS TO REQUIRE THE COMMISSION TO DEVELOP FEES FOR FACILITY USE AND 29 DOG ENTRIES IN ORDER TO ENABLE THE H. COOPER BLACK, JR. MEMORIAL FIELD TRIAL 30 RECREATIONAL AREA TO BE SELF-SUSTAINING AND TO PROVIDE FOR AND TO REQUIRE A REPORT 31 ON THE COLLECTION AND USE OF THESE FEES. 32 33 Section 1. (C) Act 152 of 1995 is amended by adding at the end: 34 35 The Sstate plan shall include a fee schedule including, but not limited to a facility use fee, dog entry fees, and any other 36 fees the commission deems necessary to enable the H. Cooper Black, Jr. Memorial Field Trial and Recreational area to be 37 self-sustaining beginning July 1, 1999. 38 These fees are in addition to the utility fee charged by the S. C. Forestry Commission. Revenue received will be
PART II PAGE 569 1 deposited in the H. Cooper Black, Jr. Memorial Field Trial and Recreational Area line item within the S. C. Forestry's 2 Commission's budget and will be used cooperatively with the Department of Natural Resources and Parks, Recreation and 3 Tourism for personal service funds, infrastructure, maintenance, enhancement and operation of the field trial area program 4 in conjunction with the commission. A report of fees collected and disbursements made during FY 97-98 must be made 5 to the Senate Finance Committee and the House Ways and Means Committee by August 31, 1998. 6 7 SECTION 40 8 9 DELETED 10 11 SECTION 41 12 13 DELETED 14 15 SECTION 42 16 17 TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-470, SO AS TO PROHIBIT A CONSTITUTIONAL 18 OFFICER FROM EXPENDING MONIES APPROPRIATED BY THE GENERAL ASSEMBLY TO PURCHASE 19 SPACE INCLUDING, BUT NOT LIMITED TO, NOTICES OR ADVERTISEMENTS, IN A PRINT MEDIUM OR 20 TIME FROM A RADIO OR TELEVISION MEDIUM WITHOUT UNANIMOUS PRIOR WRITTEN APPROVAL 21 OF THE STATE BUDGET AND CONTROL BOARD; TO PROHIBIT A CONSTITUTIONAL OFFICER FROM 22 HAVING PRINTED ON, OR DISTRIBUTED WITH, EXTRANEOUS PROMOTIONAL MATERIAL AND FROM 23 PURCHASING PLAQUES, AWARDS, CITATIONS, OR OTHER RECOGNITIONS WITHOUT PRIOR 24 UNANIMOUS WRITTEN APPROVAL OF THE STATE BUDGET AND CONTROL BOARD; AND TO REQUIRE 25 CONSTITUTIONAL OFFICERS EXPENDING NONPUBLIC FUNDS TO SUBMIT THE SOURCE OF THE 26 FUNDS SHOWING ALL CONTRIBUTORS TO THE STATE BUDGET AND CONTROL BOARD; AND TO 27 PROVIDE EXCEPTIONS. 28 29 A. The 1976 Code is amended by adding: 30 31 Section 1-11-470. (A) No funds appropriated by the General Assembly may be used by a Constitutional officer to 32 purchase space including, but not limited to, notices or advertisements, in a print medium or time from a radio or television 33 medium without unanimous prior written approval of the State Budget and Control Board. 34 (B) No funds appropriated by the General Assembly may be used by a constitutional officer to print on, or distribute 35 with, official documents extraneous promotional material or to purchase plaques, awards, citations, or other recognitions 36 without unanimous prior written approval of the Budget and Control Board. 37 (C) If nonpublic funds are used for the purposes enumerated in subsection (A) the Constitutional officer expending 38 the funds, must submit the source of the funds showing all contributors, to the State Budget and Control Board before the
PART II PAGE 570 1 funds are expended. 2 (D) The provisions of this section do not apply to the Governor or General Assembly. 3 4 B. Of the funds appropriated to the Budget and Control Board - Division of Operations for the Office of General Services 5 in the annual appropriations act for 1997-98 and subsequent years for administration, other operating expenses, and 6 classified positions, sufficient funds must be used to provide staff to review and make recommendations to the State Budget 7 and Control Board for approval of a constitutional officer's plan. 8 9 C. This section is effective July 1, 1997. 10 11 SECTION 43 12 13 TO AMEND SECTIONS 12-4-380 AND 12-54-240 OF THE 1976 CODE, RELATING TO REQUIREMENT THAT 14 THE DEPARTMENT OF REVENUE REPORT TO THE GENERAL ASSEMBLY ALL TAX LIABILITIES 15 REDUCED BY ORDER OF THE DIRECTOR, SO AS TO REQUIRE THE REPORT BE MADE TO THE 16 CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AS TO TAX 17 LIABILITIES REDUCED BY ORDER OF THE DIRECTOR. 18 19 A. Section 12-4-380 of the 1976 Code, as added by Section 99A, Part II, Act 458 of 1996, is amended to read: 20 21 "Section 12-4-380. Within thirty days of final settlement, the department annually shall report to the General 22 Assembly on the revenue impact of policy documents prescribed, amended, or revoked in the most recently completed fiscal 23 year and in the report shall provide detail on Chairman of the Senate Finance Committee and the Chairman of the House 24 Ways and Means Committee, the details of all tax liabilities reduced by order of the director." 25 26 B. Section 12-54-240(B) of the 1976 Code is amended by adding a new item at the end: 27 28 "(18) disclosure of information to the Chairman of the Senate Finance Committee and Chairman of the House Ways 29 and Means Committee pursuant to Section 12-4-380." 30 31 C. This section takes effect July 1, 1997. 32 33 SECTION 44 34 35 TO AMEND SECTION 12-37-935 OF THE 1976 CODE, RELATING TO DEPRECIATION ALLOWED IN 36 CALCULATING THE VALUE OF CERTAIN EQUIPMENT FOR PURPOSES OF PROPERTY TAX, SO AS TO 37 PHASE IN THE ADDITIONAL DEPRECIATION ALLOWED OVER FOUR RATHER THAN THREE YEARS.
PART II PAGE 571 1 A. Section 12-37-935(A) of the 1976 Code, as added by Section 8A, Part II, Act 458 of 1996, is amended to read: 2 3 "(A) Except as provided in Section 12-37-930 for custom molds and dies used in the conduct of manufacturing 4 electronic interconnection component assembly devices for computers and computer peripherals, and equipment used in 5 the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one 6 billion dollars in capital investment in this State, the original cost must not be reduced more than the percentage provided 7 in the following schedule: 8 9 Property Tax Year Maximum Percentage Depreciation 10 Before 1997 80 percent 11 1997 83.3 81.65 percent 12 1998 86.6 84.43 percent 13 1999 87.21 percent 14 After 1998 1999 90 percent." 15 16 B. This section is effective for property tax years beginning after 1996. 17 18 SECTION 45 19 20 TO AMEND SECTION 61-6-2010, AS AMENDED, OF THE 1976 CODE, RELATING TO SUNDAY MINIBOTTLE 21 SALES, SO AS TO CLARIFY THAT BOTH FILING AND PERMIT FEES MUST BE DISTRIBUTED TO THE 22 AFFECTED COUNTIES AND MUNICIPALITIES FOR THE PURPOSES ALLOWED BY LAW. 23 24 A. That portion of Section 61-6-2010(B)(1) which precedes item (a), as amended by Section 24B of Act 462 of 1996, is 25 further amended to read: 26 27 "(1) The filing and permit fees must be distributed to the municipality or county in which the retailer who paid the 28 fee is located. The revenue may be used only by the municipality or county for the following purposes:" 29 30 B. This section has the same effective date as provided in Section 24B of Act 462 of 1996. 31 32 SECTION 46 33 34 TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-95, SO AS TO PROVIDE THAT A PORTION OF THE 35 DEPARTMENT OF PUBLIC SAFETY'S ANNUAL APPROPRIATION MUST BE TRANSFERRED TO 36 MIDLANDS TECHNICAL COLLEGE TO FUND THE MOTORCYCLE RIDER SAFETY EDUCATION 37 PROGRAM.
PART II PAGE 572 1 A. The 1976 Code is amended by adding: 2 3 "Section 23-6-95. One hundred thousand dollars of the Department of Public Safety's annual appropriation from the 4 General Assembly must be transferred to Midlands Technical College to fund the Motorcycle Rider Safety Education 5 Program." 6 7 B. This section takes effect on July 1, 1997. 8 9 SECTION 47 10 11 TO AMEND SECTION 24-3-960, AS AMENDED, OF THE 1976 CODE, RELATING TO THE UNLAWFUL 12 POSSESSION OF MONIES BY CERTAIN PRISONERS AND THEIR SEIZURE AND RETENTION BY THE 13 DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT MONIES SEIZED MUST BE USED TO AID 14 DRUG INTERDICTION EFFORTS UNDERTAKEN BY THE DEPARTMENT. 15 16 Be it enacted by the General Assembly of the State of South Carolina: 17 18 A. Section 24-3-960 of the 1976 Code, as last amended by Act 181 of 1993 is further amended to read: 19 20 "Section 24-3-960. Any moneys Monies or tokens or things of like nature used as money found in the unlawful 21 possession of any a prisoner confined in a penal institution under control of the Department of Corrections are hereby 22 declared to be is contraband, and any moneys monies or tokens or things of like nature used as money so seized shall must 23 be deposited in the welfare a fund maintained by the department of the institution in which the prisoner is confined and shall 24 be is the property of such welfare the fund. This fund must be used to aid drug interdiction efforts undertaken by the 25 department." 26 27 B. This section takes effect July 1, 1997. 28 29 SECTION 48 30 31 TO AMEND SECTION 44-56-460 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF 32 PRIORITIES FOR REHABILITATION AT CONTAMINATED DRY CLEANING FACILITIES OR SUPPLY 33 SITES, SO AS TO REVISE THE LIMIT ON FUNDS THAT MAY BE EXPENDED AT ANY ONE SITE. 34 35 A. Section 44-56-460(C) of the 1976 Code, as added by Act 119 of 1995, is amended to read: 36 37 "(C) The department may not expend from the fund yearly more than five percent of the average collected annual 38 balance of the fund or two hundred thousand dollars, whichever is greater, to pay for the costs at any one eligible site for
PART II PAGE 573 1 the activities described in Section 44-56-420(B)." 2 3 B. The amendments to Section 44-56-460(C), as contained in subsection (A) of this section, are effective until Section 4 44-56-460 is repealed as provided for in Act 119 of 1995. 5 6 C. This section takes effect July 1, 1997. 7 8 SECTION 49 9 10 TO AMEND THE 1976 CODE BY ADDING SECTION 1-1-1045 SO AS PROHIBIT A STATE AGENCY OR 11 INSTITUTION FROM EXPENDING PUBLIC FUNDS ON PRINTING AND POSTAGE FOR NEWSLETTERS 12 WITHOUT FIRST OBTAINING A WAIVER FROM THE STATE BUDGET AND CONTROL BOARD AND TO 13 PROVIDE FOR WAIVER CONSIDERATIONS. 14 15 A. Article 15, Chapter 1, Title 1 of the 1976 Code is amended by adding: 16 17 "Section 1-1-1045. A state agency or institution shall not expend public funds for newsletter printing and postage 18 without first obtaining a waiver from the State Budget and Control Board. A waiver may be granted only on a showing that 19 adequate circulation cannot be obtained by making the newsletter available over the Internet or other reasons satisfactory 20 to the board for incurring the expense of printing and postage." 21 22 B. This section take effect July 1, 1997. 23 24 SECTION 50 25 26 TO AMEND SECTION 12-28-2740(A) OF THE 1976 CODE, RELATING TO DISTRIBUTION OF MOTOR FUEL 27 TAX PROCEEDS AMONG COUNTIES, SO AS TO CHANGE THE DATE FOR SUBMISSION OF THE 28 PERCENTAGE REPRESENTED BY EACH COUNTY FROM MARCH 31 TO MAY 1 AND TO PROVIDE A 29 TRANSITION SCHEDULE. 30 31 A. Section 12-28-2740(A) of the 1976 Code, as added by Act 136 of 1995, is amended to read: 32 33 "(A) The proceeds from two and sixty-six one-hundredths cents a gallon of the tax on gasoline only as levied and 34 provided for in this chapter must be deposited with the State Treasurer and expended for purposes set forth in this section. 35 The monies must be apportioned among the counties of the State in the following manner: 36 (1) one-third distributed in the ratio which the land area of the county bears to the total land area of the State; 37 (2) one-third distributed in the ratio which the population of the county bears to the total population of the State 38 as shown by the latest official decennial census;
PART II PAGE 574 1 (3) one-third distributed in the ratio which the mileage of all rural roads in the county bears to the total rural 2 road mileage in the State as shown by the latest official records of the Department of Transportation. The Department of 3 Revenue shall collect the information required pursuant to Section 12-28-2510 12-28-1390 regarding the number of gallons 4 sold in each county for use in making allocations of donor funds as provided in subsection (H). The Department of Revenue 5 shall submit the percentage of the total represented by each county to the Department of Transportation and to each county 6 transportation committee annually by March thirty-first May first of the following calendar year. Upon request of a county 7 transportation committee, the Department of Transportation shall continue to administer the funds allocated to the county. 8 (4) for distribution in 1997, a transitional year as the result of the change of date for reporting the percentages 9 referenced in item (3) to May first, the Department of Transportation shall use the latest data available from the Department 10 of Revenue, which was derived from sales data for the 1995 calendar year. 11 All interest earnings on the County Transportation Fund in the State Treasury must be credited to the State Highway 12 Fund." 13 14 B. This section takes effect upon July 1, 1997. 15 16 SECTION 51 17 18 TO AMEND SECTION 12-28-2740, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DISTRIBUTION 19 AND USES OF "C" FUND GASOLINE TAX REVENUES, SO AS TO AUTHORIZE A COUNTY LEGISLATIVE 20 DELEGATION BY RESOLUTION TO ABOLISH THE COUNTY TRANSPORTATION COMMITTEE AND 21 DEVOLVE ITS FUNCTIONS ON THE GOVERNING BODY OF THE COUNTY AND TO PROVIDE THAT THIS 22 DEVOLUTION MAY BE REVERSED AND THE COMMITTEE REESTABLISHED PURSUANT TO A 23 SUBSEQUENT DELEGATION RESOLUTION. 24 25 Be it enacted by the General Assembly of the State of South Carolina: 26 27 A. Section 12-28-2740 of the 1976 Code, as last amended by Act 515 of 1996, is further amended by adding an 28 appropriately numbered subsection at the end to read: 29 30 "( ) Notwithstanding other provisions of this section, the legislative delegation of a county may by delegation 31 resolution abolish the county transportation committee and devolve its powers and duties on the governing body of the 32 county. This devolution may be reversed and the county transportation committee reestablished by a subsequent delegation 33 resolution. The exercise of county transportation committee powers and duties by a county governing body is not deemed 34 to constitute dual office holding." 35 36 B. This section takes effect upon approval by the Governor.
PART II PAGE 575 1 SECTION 52 2 3 TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-185 SO AS TO PROVIDE THAT IN ORDER FOR 4 A CANDIDATE TO BE ELECTED BY THE GENERAL ASSEMBLY AS A JUSTICE OR JUDGE OF A COURT 5 OF THE UNIFIED JUDICIAL SYSTEM, THE CANDIDATE MUST RECEIVE A MAJORITY OF THE VOTES 6 CAST BY MEMBERS OF THE HOUSE OF REPRESENTATIVES AND A MAJORITY OF THE VOTES CAST 7 BY MEMBERS OF THE SENATE. 8 9 The 1976 Code is amended by adding: 10 11 "Section 14-1-195. Notwithstanding any other provision of law, in order for a candidate to be elected by the General 12 Assembly as a justice or judge of a court of the unified judicial system, the candidate must receive a majority of the votes 13 cast by the members of the House of Representatives and a majority of the votes cast by members of the Senate." 14 15 SECTION 53 16 17 TO AMEND SECTIONS 59-114-30, 59-114-40, AND 59-114-70 OF THE 1976 CODE, RELATING TO THE SOUTH 18 CAROLINA NATIONAL GUARD TUITION ASSISTANCE ACT SO AS TO INCREASE THE AMOUNT 19 QUALIFYING MEMBERS MAY RECEIVE; TO DELETE FROM GRANT ELIGIBILITY ATTENDANCE AT 20 HIGH SCHOOL AND GRADUATE SCHOOL; AND TO REQUIRE TUITION ASSISTANCE PAYMENTS BE 21 PAID AS REIMBURSEMENTS TO GUARD MEMBERS IN GOOD STANDING WHO SUCCESSFULLY 22 COMPLETE THE REQUIRED HOURS OF COURSE WORK AT AN ELIGIBLE INSTITUTION. 23 24 A. Section 59-114-30 of the 1976 Code is amended to read: 25 26 "Section 59-114-30. Qualifying members of the National Guard may receive tuition assistance grants, not to exceed 27 five hundred one thousand dollars per academic year twelve semester hours. No member may qualify for such grants these 28 grants for more than four separate academic years, and a new application must be submitted for each separate academic year 29 for which tuition assistance is sought." 30 31 B. Section 59-114-40 of the 1976 Code is amended to read: 32 33 "Section 59-114-40. Members of the National Guard enrolled or planning to enroll in an eligible institution may apply 34 to the Adjutant General for tuition assistance. To qualify, an applicant must be seeking: 35 (a) be seeking to complete his secondary school education; 36 (b)(1) be seeking trade or vocational training; 37 (c)(2) be seeking to attain a two-year associate degree; 38 (d)(3) be seeking to attain a four-year baccalaureate degree;
PART II PAGE 576 1 (e) be seeking to attain a graduate degree. 2 Additionally, an applicant must have a minimum National Guard service obligation of two years beyond the end of 3 the academic period for which tuition is requested, or must agree in writing to formally incur such this obligation upon 4 approval of the tuition assistance grant and must meet those other criteria established by the Adjutant General by regulation 5 promulgated pursuant to this chapter." 6 7 C. Section 59-114-70 of the 1976 Code as added by Act 199, Part II, Section 5 of 1979, is further amended to read: 8 9 "Section 59-114-70. All tuition assistance payments shall must be made directly to the eligible institution for credit 10 to the account of the qualifying member. Eligible institutions receiving tuition assistance payments shall be subject to 11 account to the State Auditor for such monies and the State Auditor shall have authority to examine such record of eligible 12 institutions as are necessary to such accounting qualifying applicant who demonstrates to the Adjutant General successful 13 completion of twelve semester hours or a prorata share of twelve semester hours at an eligible institution as defined by this 14 chapter." 15 16 D. This section takes effect July 1, 1997. 17 18 SECTION 54 19 20 TO AMEND SECTION 16-19-60, OF THE 1976 CODE, RELATING TO THE NONAPPLICATION OF THE 21 GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, 22 SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, 23 INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS 24 COUNTY OPTION PROVISIONS; BY ADDING SECTION 12-21-2783 SO AS TO REQUIRE EACH LOCATION 25 OPERATING VIDEO GAME MACHINES TO PROVIDE A LOCATION CONTROLLER AND MODEM 26 MEETING SPECIFIC REQUIREMENTS; BY ADDING SECTION 12-21-2797 SO AS TO PROVIDE CIVIL 27 PENALTIES FOR PERSONS IN POSSESSION OF OR ALLOWING THE OPERATION OF CONTRABAND OR 28 GRAY AREA MACHINES AFTER JUNE 1, 1999, AND TO ESTABLISH PROCEDURES UNDER WHICH 29 CONTRABAND OR GRAY AREA MACHINES SHALL BE EXAMINED AND, IF FOUND TO BE A 30 CONTRABAND MACHINE, DESTROYED; TO AMEND SECTION 12-21-2710, RELATING TO THE TYPES 31 OF COIN-OPERATED MACHINES WHICH ARE PROHIBITED BY LAW, SO AS TO FURTHER PROVIDE 32 FOR THE TYPES OF MACHINES TO WHICH THIS SECTION DOES NOT APPLY; TO AMEND SECTION 33 12-21-2720, AS AMENDED, RELATING TO LICENSES FOR COIN-OPERATED DEVICES OR MACHINES, 34 SO AS TO REVISE CERTAIN LICENSE FEES AND FURTHER PROVIDE FOR THE USE OF A PORTION OF 35 SPECIFIED FEES; TO AMEND SECTION 12-21-2772, RELATING TO DEFINITIONS IN REGARD TO THE 36 VIDEO GAME MACHINES ACT, SO AS TO REVISE THE DEFINITION OF "CONTRABAND DEVICE/ 37 EQUIPMENT" OR "GRAY AREA MACHINE"; TO AMEND SECTION 12-21-2774, RELATING TO 38 MECHANICAL REQUIREMENTS OF VIDEO GAME MACHINES, SO AS TO FURTHER PROVIDE FOR
PART II PAGE 577 1 THESE MECHANICAL REQUIREMENTS; TO AMEND SECTION 12-21-2776, AS AMENDED, RELATING TO 2 REGISTERING AND LICENSING MACHINES UNDER THE VIDEO GAME MACHINES ACT, SO AS TO 3 DELETE REFERENCES TO REGISTRATION, REVISE CERTAIN DATE REQUIREMENTS FOR METERING 4 DEVICES, AND FURTHER PROVIDE FOR THE INFORMATION WHICH MUST BE FURNISHED TO THE 5 DEPARTMENT OF REVENUE ON A QUARTERLY BASIS CONCERNING EACH LICENSED MACHINE, AND 6 PROVIDE THE TIME WITHIN WHICH SUCH INFORMATION MUST BE FILED; TO AMEND SECTION 7 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO 8 GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS AND PROVIDE 9 THAT THE LIMIT ON PAYOUTS TO A PERSON IN A TWENTY-FOUR HOUR PERIOD IS ONE HUNDRED 10 TWENTY-FIVE DOLLARS OVER THE AMOUNT DEPOSITED IN THE MACHINE; TO AMEND SECTION 11 12-21-2782, AS AMENDED, RELATING TO THE REGULATION BY THE DEPARTMENT OF REVENUE OF 12 VIDEO GAME MACHINES, SO AS TO STIPULATE STANDARDS WHICH CERTAIN MACHINES MUST 13 MEET NO LATER THAN JUNE 1, 1999, AND PROVIDE THAT ANY SUCH MACHINE NOT MEETING THESE 14 STANDARDS MUST NOT BE LICENSED; TO AMEND SECTION 12-21-2798, RELATING TO THE 15 PROMULGATION OF RULES AND REGULATIONS BY THE TAX COMMISSION CONCERNING THESE 16 MACHINES, SO AS TO CHANGE REFERENCES OF THE "TAX COMMISSION" TO THE "DEPARTMENT 17 OF REVENUE" AND DELETE REFERENCES TO RULES; TO AMEND SECTION 12-21-2804, RELATING TO 18 REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR MACHINES LOCATED 19 IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY PENALTIES, LICENSE 20 REVOCATION, AND SEIZURE OF MACHINES, PROVIDE FOR THESE PENALTIES TO APPLY 21 IMMEDIATELY AND PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND SECTION 22 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR PROHIBITING 23 CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE OBSOLETE 24 PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, RELATING 25 TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT COUNTIES, SO 26 AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS TO THE CIVIL 27 PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS TO OWNING 28 OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A MAJORITY "NO" 29 VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 12-21-2806 ARE 30 DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS AMENDED BY THIS 31 ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE PRORATED REFUNDS 32 FOR MACHINES LICENSED IN SUCH COUNTIES; AND TO AMEND SECTION 12-54-40, AS AMENDED, 33 RELATING TO PENALTIES FOR FAILURE TO COMPLY WITH CERTAIN TAX LAWS, SO AS TO PROVIDE 34 THAT IT IS A FELONY FOR A VIDEO GAME MACHINE OWNER OR DISTRIBUTOR TO ALLOW OR 35 CAUSE A VIDEO GAME MACHINE TO BE OPERATED WITHOUT A METERING DEVICE OR TO 36 WILFULLY PLACE SUCH A MACHINE ON LOCATION WITHOUT A DEVICE, THAT RECORDS THE 37 INFORMATION REQUIRED BY LAW AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO REPEAL
PART II PAGE 578 1 SECTIONS 12-21-2796 AND 21-21-2806 RELATING TO THE UNLAWFUL PLACEMENT OR OPERATION OF 2 AN UNMETERED MACHINE AND THE INITIAL REFERENDUM ON CONTINUING CASH PAYOUTS. 3 4 A. Section 16-19-60 of the 1976 Code is amended to read: 5 6 "Section 16-19-60. Nothing in Section 16-19-40 or 16-19-50 shall extend to coin-operated nonpayout machines with 7 a free play feature; provided, that nothing herein shall authorize the licensing, possession, or operation of any machine which 8 disburses money to the player. Nothing in this section prohibits regulation of video games pursuant to Article 20 of Title 9 12, the Video Games Machines Act, including the prohibition on payoffs and location of these machines in counties where 10 such payouts and machines are prohibited under the local option provisions of that article." 11 12 B. Section 12-21-2710 of the 1976 Code is amended to read: 13 14 "Section 12-21-2710. It is unlawful for any person to keep on his premises or operate or permit to be kept on his 15 premises or operated within this State any vending or slot machine, punch board, pull board, or other device pertaining to 16 games of chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, 17 words, or symbols, at different plays or different numbers, whether in words or figures or, which deposit tokens or coins 18 at regular intervals or in varying numbers to the player or in the machine, but the provisions of this section do not extend 19 to coin-operated nonpayout pin tables, in-line pin games, and video games with free play feature which meet the technical 20 requirements provided for in Section 12-21-2782 and Section 12-21-2783; or to automatic weighing, measuring, musical, 21 and vending machines which are constructed as to give a certain uniform and fair return in value for each coin deposited 22 and in which there is no element of chance. 23 Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not 24 more than five hundred dollars or imprisoned for a period of not more than one year, or both." 25 26 C. Section 12-21-2720 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read: 27 28 "Section 12-21-2720. (A) Every person who maintains for use or permits the use of, on a place or premises occupied 29 by him, one or more of the following machines or devices shall apply for and procure from the South Carolina Department 30 of Revenue and Taxation a license effective for two years for the privilege of making use of the machine in South Carolina 31 and shall pay for the license a tax of fifty dollars for each machine in item (1), two hundred dollars for each machine in item 32 (2), and three four thousand dollars for each machine in item (3): 33 (1) a machine for the playing of music or kiddy rides operated by a slot or mechanical amusement devices and 34 juke boxes in which is deposited a coin or thing of value. A machine on which an admissions tax is imposed is exempt from 35 the C.O.D. license provisions of this section. 36 (2) a machine for the playing of amusements or video games, without free play feature, or machines of the crane 37 type operated by a slot in which is deposited a coin or thing of value and a machine for the playing of games or amusements, 38 which has a free play feature, operated by a slot in which is deposited a coin or thing of value, and the machine is of the
PART II PAGE 579 1 nonpayout pin table type with levers or "flippers" operated by the player by which the course of the balls may be altered 2 or changed. A machine required to be licensed under this item is exempt from the license fee if an admissions tax is 3 imposed. 4 (3) a machine of the nonpayout type, in-line pin game, or video game with free play feature operated by a slot 5 in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or flippers' 6 operated by the player by which the course of the balls may be altered or changed. 7 (B) No municipality may limit the number of machines within the boundaries of the municipality. A municipality may 8 by ordinance impose a license fee on machines licensed pursuant to subsection (A)(3) of this section in an amount not 9 exceeding ten percent of three thousand six hundred dollars of the license fee imposed pursuant to subsection (A) for the 10 equivalent license period. 11 (C) The owner or operator of any coin-operated device which is exempt from Section 16-19-60 and is subject to 12 licensing under Section 12-21-2720(A)(3) and which has multi-player stations, shall purchase a separate license for each 13 such station and any such multi-player station counts as a machine when determining the number of machines authorized 14 for licensure under Section 12-21-2804(A). 15 (D) A county may by ordinance impose a license fee on machines licensed pursuant to subsection (A)(3) of this section 16 located in an unincorporated area of the county in an amount not exceeding ten percent of three thousand six hundred dollars 17 of the regular license fee imposed pursuant to subsection (A) for the equivalent license period. 18 (E) The department shall not issue a license for the operation of a video game with a free play feature which is located 19 or intended to be located on a watercraft or vessel plying the territorial waters of this State. 20 (F) Four hundred dollars of the four thousand dollar license fee imposed in subsection (A) may be retained by the 21 department and expended in budgeted operations for the implementation and ongoing operation of the monitoring system 22 required by law or in other programs and services as the director may determine necessary and appropriate." 23 24 D. Section 12-21-2772(9) of the 1976 Code, as added by Act 164 of 1993, is amended to read: 25 26 "(9) Contraband device/equipment' or gray area machine' means any unlicensed machine not meeting the 27 requirements of Section 12-21-2782 and Section 12-21-2783." 28 29 E. Section 12-21-2774(3) of the 1976 Code, as added by Act 164 of 1993, is amended to read: 30 31 "(3) must have a commission approved one or more metering device devices that keeps keep a record of all cash (total 32 coin coins accepted, total bills accepted, and total credit generated by the coin and bill acceptor acceptors) inserted or 33 deposited into the machine, credits played for video games, and credits won by video players and refunds payments of 34 winnings and other information as prescribed by the department;" 35 36 F. Section 12-21-2776 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read: 37 38 "Section 12-21-2776. (A) All machines must be registered and licensed by the commission under procedures and
PART II PAGE 580 1 guidelines issued by the commission department. 2 (B) By July 1, 1998, all machines registered and licensed by the department must be equipped with a department 3 approved metering device. Each machine owner, operator, or licensed establishment must establish and implement cash 4 controls and beginning January 1, 1996, shall report to the department on a quarterly basis the following information for 5 each machine: 6 (1) name and address of location of the machine; 7 (2) denomination, whether five cents, twenty-five cents, etc., of game; 8 (3) the name of the game; 9 (4) the name of the individual collecting money from the machine or the owner of the machine; 10 (5) the date of collection; 11 (6) the date of previous collection; 12 (7) income number at commencement of reporting period; 13 (8) income number at the end of the reporting period; 14 (9) beginning payout number; 15 (10) ending payout number; 16 (11) refunds payout to players; 17 (12) gross profit; 18 (13) the percentage of net profits divided between owner and location. 19 This report must be filed with the department by the twentieth of the month following the end of the calendar quarter." 20 21 G. Section 12-21-2782 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read: 22 23 "Section 12-21-2782. (A)(1) The Department of Revenue and Taxation shall promulgate rules and regulations 24 regarding the types of machines that may be licensed providing for minimum technical standards for video game machines, 25 including standards to ensure that the games are random, have a minimum payback of at least eighty percent, are secure and 26 accountable, do not operate in a misleading or deceptive manner, and are capable of interfacing with a computerized 27 monitoring system to be selected by the department. The regulations may also provide for the payment of the cost associated 28 with the inspection and licensing of machines and investigation and licensing of manufacturers and distributors in the 29 development of these technical standards. The department may contract with a qualified laboratory for the inspection of 30 machines and may impose the cost of inspection upon the manufacturer or distributor seeking approval of the machines. 31 All video game machines licensed in this State on or after June 1, 1998, must be in compliance with all rules and regulations, 32 including the minimum technical standards. 33 (2) The technical standards established by the department must be designed so as to maximize competition in the 34 market place among manufacturers of machines to be licensed by the department. Any computerized monitoring system 35 purchased, leased, or operated by the department pursuant to subsection (B) must provide that all game machines meeting 36 the technical standards must be connected in a non-discriminatory manner. 37 (B) The department may contract for the purchase, lease, or operation of a computer monitoring system to which video 38 game machines must be connected no later than July 1, 1998. The system shall provide for monitoring of the video game
PART II PAGE 581 1 machines either through the use of an on-line system or the use of a dial-up system with cluster controllers, remote EPROM 2 verification, ticket validation, central registration of machines, daily collection of accounting and security data, and the 3 ability to disable a machine in the event of a violation of any material rule or regulation, such violation having been 4 determined to have occurred after a hearing or an opportunity for a hearing pursuant to the Administrative Procedures Act. 5 Any system used by the department must be compatible for connection with any machine that meets the technical 6 requirements established by the department. 7 All video game machines licensed under Section 12-21-2720(A)(3), no later than June 1, 1999, must: 8 (1) have games that are random and have a minimum payback of at least eighty percent in which the theoretical 9 payout percentage is determined using standard methods of probability theory; 10 (2) be secure and accountable; 11 (3) not operate in a misleading or deceptive manner; and 12 (4) be capable of interfacing with a computerized monitoring system to be selected by the department. 13 The technical standards established by the department must be designed so as to maximize competition in the market 14 place among manufacturers. 15 Machines not meeting the standards of this section or regulation of the department may not be licensed. The license 16 of any machine which fails to maintain the standards of this section or regulation of the department must be revoked." 17 18 H. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding: 19 20 "Section 12-21-2783. (A) As part of the central computer monitoring system required under this article, each 21 location operating video game machines must provide a location controller and modem meeting requirements set forth by 22 this section and by the department. Each location controller must be capable of receiving, storing, and transmitting to the 23 department's central computer monitoring system all information received from, and required of, video game machines as 24 set forth in Section 12-21-2782. Each location controller must be capable of supporting at least five video game machines. 25 This section applies to those location controllers which participate in the system as separate hardware entities, and any 26 head of string' location controller which meets the specifications of this section. 27 The cost for purchasing or leasing, as well as the cost of installing, the location controller is the responsibility of the 28 licensed establishment in which the video game machines are located. 29 (B) In addition to the above requirement, each location controller must be able to perform the following functions: 30 (1) communicate with video game machines in an on-line environment; 31 (2) when authorized parties open video game machine game door, store a log entry of this event; 32 (3) when authorized parties open video game machine coin or currency door, store a log entry of this event; 33 (4) authorize video game machine to be taken off-line from the location controller; 34 (5) disable video game machine and store a log entry under the following circumstances: 35 (a) unauthorized game door open; and 36 (b) unauthorized coin door open; 37 (6) store a log entry if video game machine is off-line from the location controller without prior authorization; 38 (7) store a log entry if video game machine tampering is detected. Detection of tampering occurs if the signal
PART II PAGE 582 1 received from the video game machine is discontinuous or corrupted in such a manner as to constitute more than spurious 2 noise in the system; 3 (8) re-enable a video game machine which has been disabled and store a log entry of this event; 4 (9) log entries which include a unique identification number for each machine and date/time stamp; 5 (10) have capability for communicating to the central computer system the information which has been gathered 6 from the video game machines and log any entries stored during the period; 7 (11) have sufficient storage capacity to maintain at least five days of data generated from the maximum playing 8 sessions from the maximum number of associated video game machines linked to the location controller. The data must 9 be stored immediately in a manner that allows on demand, real time access by the central system. Access to data stored in 10 the location controller must be restricted to authorized entry from the central system and other authorized inquiry only access 11 that has been preapproved by the department; 12 (12) have an internal clock; 13 (13) be protected from unauthorized interference or tampering by any person or external device or force, such as 14 to corrupt or alter data or corrupt or suspend communication signals or transmitted data from the video game machines or 15 to the central site, and this requirement extends to the location controller as well as its associated communication device, 16 cabling between the controller and the video game machines, and communication device; 17 (14) be constructed of materials and protected in such a manner as to allow it to operate in suboptimal 18 environments such as nonregulated temperature, dusty, tobacco-smoke filled, and humid conditions; 19 (15) be capable of validating tickets printed by a video game machine." 20 21 I. Section 12-21-2791 of the 1976 Code, as added by Act 164 of 1993, is amended to read: 22 23 "Section 12-21-2791. Any location which operates or allows the operation of coin-operated machines pursuant to 24 Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 shall limit the cash payout for 25 credits earned for free games to two thousand five hundred credits per player per location during any twenty-four hour 26 period. The cash value of credits for each free game shall be limited to five cents. During a twenty-four hour period, a 27 person is not permitted to win more than one hundred twenty-five dollars over and above the amount deposited in a 28 coin-operated machine authorized under Section 12-21-2720(A)(3)." 29 30 J. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding: 31 32 "Section 12-21-2797. (A) A person in possession of, or allowing the operation of, a contraband or gray area machine 33 at any place within the State after June 1, 1999, is subject to a civil penalty of not more than ten thousand dollars a machine. 34 In addition, the machine may be seized by any law enforcement officer of the State or any of its political subdivisions. 35 (B) A machine seized under the provisions of this section must be taken before any magistrate of the county in which 36 the machine was seized. The magistrate shall immediately examine the machine and, if he is satisfied that it is a contraband 37 or gray area machine, shall direct that it be destroyed immediately. The magistrate, at his discretion, may order the 38 department to have any laboratory under contract with it to examine the machine to assist in the determination as to whether
PART II PAGE 583 1 or not the machine is a contraband or gray area machine." 2 3 K. Section 12-21-2798 of the 1976 Code, as added by Act 164 of 1993, is amended to read: 4 5 "Section 12-21-2798. The commission shall department may promulgate rules and regulations pertaining to the 6 machines and persons licensed by it." 7 8 L. Section 12-21-2804 of the 1976 Code, as added by Act 164 of 1993, is amended by adding at the end: 9 10 "(G)(1) In addition to any other penalties provided by law, the department, for a violation of Section 12-21-2808(E) 11 or Section 12-21-2809, may: 12 (a) impose a civil penalty in an amount not to exceed five thousand dollars on the owner of the machine, 13 or the person who obtained, or was required to obtain, the retail sales tax license for the place or premises pursuant to 14 Section 12-21-2703, or both; and 15 (b) revoke the license of the machine giving rise to the violation and any other machine licensed to the same 16 holder in any county where such machines are prohibited pursuant to Section 12-21-2809; and 17 (c) seize the offending machine and dispose of it as contraband. 18 (2) The penalties authorized by this subsection are effective immediately upon imposition and may not be stayed 19 by any administrative or judicial action. The sole remedy available under this subsection is a hearing before the 20 Administrative Law Judge Division on the question of the legality of the machine under Section 12-21-2809 and the 21 reasonableness of the penalties imposed. Further appeals are as provided in Section 12-60-3380." 22 23 M. Section 12-21-2808 of the 1976 Code, as added by Act 164 of 1993, is amended to read: 24 25 "Section 12-21-2808. (A) In addition to the referendum to be held at the 1994 general election, Counties are 26 authorized to may hold a referendum to determine whether or not cash payoffs are allowed for the operation of machines 27 as defined in this article provided for under Section 16-19-60 of the 1976 Code relating to coin-operated devices shall be 28 authorized. The counties are authorized to hold such a this referendum in the manner provided in this section except that 29 no such referendum may be held until the 1998 general election and may also be held in subsequent general elections as 30 provided herein except at the time of the general election. 31 (1)(B) The referendum must be held: 32 (a)(1) upon the passage of an ordinance of the governing body of a county providing for a referendum 33 if the ordinance is passed at least ninety days before a general election; or 34 (b)(2) upon a petition so requesting filed with the county election commission more than ninety days 35 before the general election containing the signatures of at least ten percent, but not more than two thousand five hundred, 36 of the qualified electors of the county as of the time of the preceding general election. 37 (2)(C) In any a county in which cash payoffs are authorized by Section 16-19-60 of the 1976 Code relating to 38 coin-operated devices permitted, at the time of the referendum provided for in this section, the question put before the voters
PART II PAGE 584 1 shall read as follows: 2 Shall cash payoffs for credits earned on coin-operated video game machines continue to be allowed in this 3 county remain legal and subject to licensure and regulation by the State of South Carolina?' 4 5 Yes 6 7 No 8 9 (3)(D) In any a county in which, at the time of the referendum provided for in this section, cash payoffs as 10 provided for by Section 16-19-60 of the 1976 Code relating to coin-operated devices are not authorized, the question put 11 before the voters shall read as follows: 12 Shall cash payoffs for credits earned on coin-operated video game machines be allowed in this county and 13 subject to licensure and regulation by the State of South Carolina?' 14 15 Yes 16 17 No 18 19 (4)(E) If the result of the referendum provided for in this section is not in favor of a continuation of cash 20 payoffs for credits earned on coin-operated devices within the county, Section 16-19-60 of the 1976 Code shall not apply 21 cash payouts are prohibited within the county after July first June thirtieth of the year following the referendum. 22 (5)(F) If the results of the referendum provided for in this section are to authorize cash payoffs relating to 23 coin-operated devices, Section 16-19-60 shall apply, such payoffs are permitted, subject to the regulations of this article, 24 within such county after beginning January first of the year following the referendum. 25 (6)(G) The state election laws apply to the referendum provided in this section, mutatis mutandis. 26 (7)(H) If a majority of the qualified electors within a county vote to terminate cash payoffs for credits earned 27 on coin-operated devices, in a referendum as authorized in this section, the Tax Commission department shall refund to any 28 person holding a license for the operation of coin-operated devices on a pro rata basis, the portion of any license fees 29 previously paid the commission department for licenses which extend beyond July first of the year after the referendum." 30 31 N. Section 12-21-2809 of the 1976 Code, as added by Act 164 of 1993, is amended to read: 32 33 "Section 12-21-2809. (A) In a county in which a majority of the qualified electors vote or have voted to terminate 34 cash payoffs for credits earned on coin-operated devices in a referendum authorized by Sections 12-21-2806 or Section 35 12-21-2808, the department shall not issue any license for coin-operated devices as defined in Section 12-21-2720(A)(3) 36 and it is unlawful for a person to may not own or possess these machines in the county other than for purposes of storage, 37 maintenance, or transportation. 38 (B) A person who operates owns or possesses any coin-operated device in violation of subsection (A) of this section
PART II PAGE 585 1 is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not 2 more than thirty days. Violations charged under this section must be tried in magistrate's court subject to the penalties 3 provided in Section 12-21-2804(G)." 4 5 O. Section 12-54-40 of the 1976 Code, as last amended by Act 76 of 1995, is further amended by adding at the end: 6 7 "(g) A machine owner or distributor, as defined in Article 20, Chapter 21 of this title, who allows or causes a machine 8 to be operated without a metering device, or who wilfully places a machine on location or who wilfully allows or causes 9 a machine to be operated with a metering device that does not accurately record the information required under Article 20, 10 Chapter 21 of this title is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more 11 than ten years, without benefit of probation, parole, or suspension of sentence, and in addition may be fined not more than 12 twenty-five thousand dollars." 13 14 P. A majority "no" vote certified in a county pursuant to the former provisions of Section 12-21-2806 of the 1976 Code 15 is deemed nunc pro tunc a certification of a majority "no" vote pursuant to Section 12-21-2808(C) of the 1976 Code as 16 amended by this act. In these counties, the Department of Revenue may issue a prorated refund of the license fee imposed 17 pursuant to Section 12-21-2720(A)(3) for a machine located in the county on the effective date of this act. 18 19 Q. Section 12-21-2796 of the 1976 Code is repealed. 20 21 R. Section 12-21-2806 of the 1976 Code is repealed. 22 23 S. Subsections A, I, L, M, N, P, and R of this section are effective November 1, 1997. The remaining subsections are 24 effective July 1, 1997, or as otherwise stated. 25 26 SECTION 55 27 28 TO MAKE FINDINGS OF LEGISLATIVE INTENT OF THE GENERAL ASSEMBLY WITH RESPECT TO 29 GOVERNMENTAL TORT LIABILITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT; TO AMEND 30 THE 1976 CODE, BY ADDING SECTION 15-78-200 SO AS TO PROVIDE THAT THE SOUTH CAROLINA 31 TORT CLAIMS ACT IS THE EXCLUSIVE REMEDY FOR ANY TORT COMMITTED BY A GOVERNMENT 32 EMPLOYEE ACTING WITHIN THE SCOPE OF THE EMPLOYEE'S OFFICIAL DUTY AND TO REQUIRE 33 THIS PROVISION TO BE LIBERALLY CONSTRUED IN FAVOR OF LIMITED LIABILITY WITH 34 AMBIGUITY TO BE RESOLVED AS A MATTER OF LAW IN FAVOR OF THE GOVERNMENT; TO 35 REENACT THE PROVISIONS OF SECTION 15-78-120, AS CURRENTLY EXISTING, SO AS TO PROVIDE 36 THE LIMITATIONS ON LIABILITY AND OTHER REQUIREMENTS UNDER THE SOUTH CAROLINA TORT 37 CLAIMS ACT; TO AMEND SECTION 15-78-120, AS REENACTED ABOVE, RELATING TO LIMITATIONS 38 ON LIABILITY UNDER THE TORT CLAIMS ACT, SO AS TO INCREASE CERTAIN DOLLAR LIMITS OF
PART II PAGE 586 1 LIABILITY; AND TO AMEND SECTION 15-78-140, AS AMENDED, RELATING TO THE DUTIES OF THE 2 STATE BUDGET AND CONTROL BOARD TO COVER LIABILITY RISKS FOR WHICH IMMUNITY HAS 3 BEEN WAIVED, THE REQUIREMENT OF POLITICAL SUBDIVISIONS TO PROCURE INSURANCE FOR 4 LIABILITY RISKS FOR WHICH IMMUNITY HAS BEEN WAIVED, AND THE EXCLUSIVITY OF REMEDIES 5 FOR CLAIMS FILED PURSUANT TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO DELETE THE 6 DUTY OF THE BOARD TO PURCHASE INSURANCE TO COVER RISKS FOR WHICH IMMUNITY HAS 7 BEEN WAIVED. 8 9 (A) The General Assembly finds: 10 (1) that because of the unique nature, role, funding, and function of government, the General Assembly has never 11 intended that the government or taxpayers would be subject to unlimited liability for tort actions against the government; 12 (2) this section shall clarify any ambiguity in the General Assembly's intent that there remain reasonable limits upon 13 recovery against the government for tort actions, and that the government is only liable for torts as expressly prescribed and 14 authorized in the "South Carolina Tort Claims Act". 15 16 (B) Chapter 78, Title 15 of the 1976 Code is amended by adding: 17 18 "Section 15-78-200. Notwithstanding any provision of law, this chapter, the South Carolina Tort Claims Act', is the 19 exclusive and sole remedy for any tort committed by an employee of a governmental entity while acting within the scope 20 of the employee's official duty. The provisions of this chapter establish limitations on and exemptions to the liability of 21 the governmental entity and must be liberally construed in favor of limiting the liability of the governmental entity." 22 23 (C) Section 15-78-120 of the 1976 Code, as last amended by Act 380 of 1994, is reenacted in its present form which reads: 24 25 "Section 15-78-120. (a) For any action or claim for damages brought under the provisions of this chapter, the liability 26 shall not exceed the following limits: 27 (1) Except as provided in Section 15-78-120(a)(3), no person shall recover in any action or claim brought 28 hereunder a sum exceeding two hundred fifty thousand dollars because of loss arising from a single occurrence regardless 29 of the number of agencies or political subdivisions involved. 30 (2) Except as provided in Section 15-78-120(a)(4), the total sum recovered hereunder arising out of a single 31 occurrence shall not exceed five hundred thousand dollars regardless of the number of agencies or political subdivisions 32 or claims or actions involved. 33 (3) No person may recover in any action or claim brought hereunder against any governmental entity and caused 34 by the tort of any licensed physician or dentist, employed by a governmental entity and acting within the scope of his 35 profession, a sum exceeding one million dollars because of loss arising from a single occurrence regardless of the number 36 of agencies or political subdivisions involved. 37 (4) The total sum recovered hereunder arising out of a single occurrence of liability of any governmental entity 38 for any tort caused by any licensed physician or dentist, employed by a governmental entity and acting within the scope of
PART II PAGE 587 1 his profession, may not exceed one million dollars regardless of the number of agencies or political subdivisions or claims 2 or actions involved. 3 (5) The provisions of Section 15-78-120(a)(3) and (a)(4) shall in no way limit or modify the liability of a licensed 4 physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which 5 involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of 6 the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received 7 from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the 8 Secretary of State. 9 (b) No award for damages under this chapter shall include punitive or exemplary damages or interest prior to judgment. 10 (c) In any claim, action, or proceeding to enforce a provision of this chapter, the signature of an attorney or party 11 constitutes a certificate by him that he has read the pleading, motion, or other paper; that to the best of his knowledge, 12 information, and belief formed after reasonable inquiry it is well-grounded in fact and is warranted by existing law or a good 13 faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper 14 purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, 15 or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of 16 the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or 17 upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, 18 which may include an order to pay the other party or parties the amount of the reasonable expenses incurred because of the 19 filing of the pleading, motion, or other paper, including a reasonable attorney's fee." 20 21 (D) Section 15-78-120 of the 1976 Code, as herein reenacted in subsection (C), is amended to read: 22 23 "Section 15-78-120. (a) For any action or claim for damages brought under the provisions of this chapter, the liability 24 shall not exceed the following limits: 25 (1) Except as provided in Section 15-78-120(a)(3), no person shall recover in any action or claim brought 26 hereunder a sum exceeding two three hundred fifty thousand dollars because of loss arising from a single occurrence 27 regardless of the number of agencies or political subdivisions involved. 28 (2) Except as provided in Section 15-78-120(a)(4), the total sum recovered hereunder arising out of a single 29 occurrence shall not exceed five six hundred thousand dollars regardless of the number of agencies or political subdivisions 30 or claims or actions involved. 31 (3) No person may recover in any action or claim brought hereunder against any governmental entity and caused 32 by the tort of any licensed physician or dentist, employed by a governmental entity and acting within the scope of his 33 profession, a sum exceeding one million two hundred thousand dollars because of loss arising from a single occurrence 34 regardless of the number of agencies or political subdivisions involved. 35 (4) The total sum recovered hereunder arising out of a single occurrence of liability of any governmental entity 36 for any tort caused by any licensed physician or dentist, employed by a governmental entity and acting within the scope of 37 his profession, may not exceed one million two hundred thousand dollars regardless of the number of agencies or political 38 subdivisions or claims or actions involved.
PART II PAGE 588 1 (5) The provisions of Section 15-78-120(a)(3) and (a)(4) shall in no way limit or modify the liability of a licensed 2 physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which 3 involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of 4 the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received 5 from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the 6 Secretary of State. 7 (b) No award for damages under this chapter shall include punitive or exemplary damages or interest prior to judgment. 8 (c) In any claim, action, or proceeding to enforce a provision of this chapter, the signature of an attorney or party 9 constitutes a certificate by him that he has read the pleading, motion, or other paper; that to the best of his knowledge, 10 information, and belief formed after reasonable inquiry it is well-grounded in fact and is warranted by existing law or a good 11 faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper 12 purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, 13 or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of 14 the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or 15 upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, 16 which may include an order to pay the other party or parties the amount of the reasonable expenses incurred because of the 17 filing of the pleading, motion, or other paper, including a reasonable attorney's fee." 18 19 (E) Section 15-78-140(a) of the 1976 Code is amended to read: 20 21 "(a) It is the duty of the Budget and Control Board to cover risks for which immunity has been waived under the 22 provisions of this chapter by the purchase of insurance as authorized in Section 15-78-150." (Reserved) 23 24 (F) Except where otherwise provided, this section takes effect upon approval by the Governor and applies to claims or 25 actions pending on that date or thereafter filed, except where final judgment has been entered before that date. The increased 26 limits of liability provided in Section 15-78-120 of the 1976 Code, as amended in subsection (D), take effect on the first day 27 of the twelfth month following approval by the Governor and apply to a cause of action arising on or after that date. 28 29 END OF PART II